Illinois House Floor Debate — January 11, 1996

"Let us pray. Almighty God, impress upon us today and every day that our final accountability is not to a constituency of people who might be easily fooled or impressed by a facade of words, but instead our accountability is to You, the all powerful, all knowing, and everywhere present God. You, Yourself, will judge the secrets of our hearts. We stand before you not as Republicans or Democrats, but as our State's accountable lawmakers who have a responsibility to preserve the positive values of family, schooling and free enterprise that insures a healthy prosperous society. Therefore, with malice toward none and charity toward all, let this Assembly reach for, grasp and pass those issues that will best serve the true needs of our people to pursue a moral equitably and prosperous future for all. Amen." Speaker Johnson, Tim: "Thank you, Pastor Zinn. We will be led in the Pledge of Allegiance today by Representative Klingler. Klingler, et al: "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all." Speaker Johnson, Tim: "Roll Call for Attendance. For excused absences, Representative Currie is recognized to represent...to report any excused absences on the 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 Democratic side of the aisle. Representative Currie."

"Thank you, Speaker. Please let the record show..." Speaker Johnson, Tim: "Can we give Representative Currie some order so we can find out who is here."

"Thank you, Speaker. Please let the record show that the only excused absence on this side of the aisle today is Representative Martinez, who again is involved in family commitments. Speaker Johnson, Tim: "Thank you, Representative. The record will SO reflect. Representative Cross is recognized to report any excused absences on the Republican side of the aisle. Representative Cross."

"Thank you, Mr. Speaker. If the record will please reflect that Representative Hoeft is excused." Speaker Johnson, Tim: "The record will SO reflect. Have all recorded themselves 'present'? Have all recorded themselves as 'present'? Have all recorded themselves as 'present'? Mr. Clerk, take the record. There being 115 Members of the House 'present', 3 absences, a quorum is 'present' and the House will come to order. Mr. Clerk,

Committee Reports. Clerk Rossi: "Committee Reports. Representative Maureen Murphy Chairman from Committee on Revenue to which the following Joint Action Motions were referred, action taken on January 11, 1996, reported the same back, 'do approve for consideration' Conference Committee Report #1 to House Bill 1787. Representative Rutherford, Chairman from the Committee on Constitutional Officers, to which the following Bill was referred, action taken on January 11, 1996, reported the same back with the following recommendations: 'do pass' Short Debate, House Bill 588. Representative Churchill, Chairman from the Committee on 2  83rd. Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 Rules, to which the following Joint Action Motions were referred, action taken on January 11, 1996, reported the same back 'do approve for consideration to the floor', House Bill 2206; Floor Amendment #5 to House Bill 682; Floor Amendment #2 to House Bill 1091; Third Reading, Postponed Consideration, Senate Bill 17. Resolutions: House Resolution 65. Conference Committee Reports: Conference Committee Report #1 to House Bill to 1523. Representative Churchill, Chairman from the Committee on Rules, to which the following Joint Action Motions were referred, action taken on January 11, 1996, reported the same back 'do approve for consideration'..." Speaker Johnson, Tim: "Representative McAuliffe will temporarily take the Chair to recognize a special guest who will address the chamber. The House will come to order, Representative McAuliffe in the Chair."

"Ladies and Gentlemen of the House, it's my distinct pleasure to present to you 'Bernedette Prizebison', Miss Illinois. She's a. senior at Loyola University and she resides on the northwest side in my legislative district."

"Thank you very much. Good afternoon. Distinguished Members of the House, Ladies and Gentlemen I am 'Bernedette Prizebison.' I was just recently crowned Miss Illinois November 26 and I'm representing the State of Illinois in the Miss U.S.A. Pageant. It will be televised on CBS, 8 o'clock, February 2nd, in South Padre Island, Texas. These are my state directors, 'Tony and Joanne Salerno'. And I'm very excited to compete in the national pageant, and I hope that all of you will root me on. And once again it's February 2nd. Thank you." Speaker Johnson, Tim: "The House will come to order. 3  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 83rd Legislative Day Representative Johnson in the Chair. Supplemental Calender number...Supplemental Calender distribution. Announcement for Supplemental Calendar #1 is being distributed. Mr. Clerk, introductions".

"House Joint Resolution #80, offered by Representative Churchill, Adjournment Resolution. House Bill 2660, offered by Representative Hartke, a Bill for an Act to amend the Wildlife Code. First Reading of this House Bill. House Bill 2661, offered by Representative Mautino, a Bill for an Act to amend the School Code. First Reading of this House Bill." Speaker Johnson, T.: "Mr. Clerk, read...please read House Joint Resolution #80."

"House Joint Resolution #80, the Adjournment Resolution. 'RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the House of Representatives adjourns on Thursday, January 11, 1996, it stands adjourned until Friday, January 12, 1996 in Perfunctory Session, and when it adjourns on that day, it stands adjourned until Tuesday, January 16, 1996 in Perfunctory Session, and when it adjourns on that day, it stands adjourned until Friday, January 19, 1996 in Perfunctory Session, and when it adjourns on that day, it stands adjourned until Tuesday, January 23, 1996; and when the Senate adjourns on Thursday, January 11, 1996, it stands adjourned until Tuesday, January 23, 1996. Resolution #80, the Adjournment Resolution. Resolved by the House of Representatives of the 89th General Assembly of the State of Illinois, the Senate concurring herein, that when the House of Representatives adjourns on Thursday, January 11th, 1996, it stands adjourned until 4  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 Friday, January 12th, 1996 in Perfunctory Session and when it adjourns on that date, it stands adjourned until Tuesday, January 16th, 1996 in Perfunctory Session and when it adjourns on that date, it stands adjourned until Friday, January 19th, 1996 in Perfunctory Session, and when it adjourns on that date, it stands adjourned 'till Tuesday, January 23rd, 1996 in full Session; and when the Senate adjourns on Thursday, January 11th, 1996, it stands adjourned until Tuesday, January 23rd, 1996."" Speaker Johnson, Tim: "Representative Churchill moves for the suspension of the Rules and the immediate consideration and passage of HJR #80. All in favor say 'aye'; opposed say 'no'. The 'ayes' have it and the HJR %80 is approved. This is adopted. Representative Churchill now moves for the adoption of...HJR #280. All in favor say 'aye'; opposed say 'no'. The 'ayes' have it and the Motion is adopted. House will stand at ease momentarily." Speaker Johnson, Tim: "The House will be in Order. Mr. Clerk, please read House Bill 682."

"House Bill 682 has been read a second time previously. Committee Amendment #2 was adopted. Floor Amendment #5 has been approved for consideration." Speaker Johnson, Tim: "The Lady from Cook, Representative Krause is recognized for a Motion."

"Mr. Speaker, I move at this time to recommit Floor Amendment #35 to House Bill 682 to the Rules Committee." Speaker Johnson, Tim: "You heard the Motion. All those in favor signify by saying 'aye'. Those opposed by saying 'nay'. The 'ayes' have it and the Motion is granted. Mr. Clerk, announcements."

"Attention, committee announcements. Rules Committee will meet immediately upon recess. Cities and 5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 Villages Committee will meet at 12 p.m in Room 114. Speaker Johnson, Tim: "Representative Brunsvold is recognized. Representative Brunsvold. Representative Brunsvold."

"Thank you, Mr. Speaker. Inquiry of the Chair. Are we going to the Retail Rate Bill next? Speaker Johnson, Tim: "Pardon me?"

"Are we going to the Retail...". Speaker Johnson, Tim: "That matter is on the Calendar, Representative. You have further... A request has been from Representative Brunsvold, that there be a Democratic Caucus in Room 118 and your request is granted. Representative Biggert is recognized to make the same request to the Republican side of the aisle in a caucus conference in Room 114. The Republican side of the aisle is granted. The House will stand...and prior to that, Mr. Clerk, committee announcements."

"Rules Committee will meet immediately upon recess. City and Villages Committee will meet at 12 p.m. in Room 114." Speaker Johnson, Tim: "The House will stand in recess until the hour of 12:30 p.m."

"The hour of 12:30 having arrived, the House will reconvene and Members will please be in their chairs. Introduction of Bills, Mr. Clerk."

"Introduction - First Reading of Bills. House Bill 2662, offered by Representative Brady, a Bill for an Act to amend the Illinois Pension Code. House Bill 2663, offered by Representative Pankau, a Bill for an Act to repeal the Alternate Fuels Act. House Bill 2664, offered by Representative Hoeft, a Bill for an Act to amend the School Code. House Bill 2665, offered by Representative Lawfer, a Bill for an Act concerning milk and milk products. House 6  83rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 Bill 2666, offered by Representative Durkin, a Bill for an Act to amend the Public Community College Act. Introduction - First Reading of these House Bills."

"Speaker Daniels in the Chair. Committee Reports."

"Committee Report from Representative Balthis, Chairman from the Committee on Cities and Villages, to which the following Joint Action Motions were referred, action taken on January 11, 1996, reported the same back 'do approve for consideration' Floor Amendment #5 to House Bill 682 - 'approve for consideration'."

"Mr. Clerk, on the Supplemental Calender #1 appears House Bill 1523. Please read House Bill 1523."

"Conference Committee Report - House Bill 1523 has been approved for consideration."

"Representative Murphy." Murphy, M: "Thank you, Mr. Speaker. We've had a favorable roll call from the Senate, and I bring before you House Bill 1523. A Conference Committee Report which as many of you already know is a repeal of the Retail Rate Law. While this has been before us on many occasions I would encourage your bipartisan support. I'm happy to report about it passing in the Senate. And at this time, because there will probably be questions, I'll be ready for questions."

"Any discussion? Gentleman from Clinton, Representative Granberg."

"Thank you, Mr. Speaker. I know Representative Murphy and others have serious concerns about this legislation, but if the Sponsor would just yield for a few questions. And, Representative Murphy, mine are directed to the credit rating of the state and what would happen with the bonds that have been issued in reliance upon the statute we have 7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 in effect for Robbins. So, it's my understanding that approximately $500 million of bonds have been issued for the Robbins Incinerator Project. Now, if we repeal this law, what will happen to the bondholders who bought these bonds in good faith upon Illinois law?"

"Representative Murphy." Murphy, M: "Yes, this is like deja vu from the Senate debate, Representative. And, again, the little old lady from...little old ladies from Beardstown did not purchase those bonds and we do have a copy that I will provide to you. It shows the front page of the prospectus that mentions that the investors should not rely on this subsidy being given to them. The Governor in his State of the State Address is well aware of the implications of the repeal of this legislation, and he has confidence so in speaking to it yesterday."

"Representative Granberg"

"Representative, I was not in the Senate for the debate on this issue but our bond rating in Illinois has been lowered three times in the last 4 years. It appears the bond markets...have very serious questions about the fiscal stability of this state. Now we're going to issue $500 million worth of bonds, or have been issuing, people have bought those bonds. What will happen to those bond holders, Representative?"

"Representative Murphy." Murphy, M: "With regard to the bond investors who make poor choices in their investments, it is not as guardians of the state tax dollars. I find it very incredible to suggest that we should be backing some other bad judgments, when the prospectus for this bond issue was very frank and up front with regard to not relying on the Retail Rate Law 8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day subsidy."

"Representative Granberg." January 11, 1996

"So your saying that 'caveat emptor' buyer beware. They should have never have bought the bonds. The bonds should never have been issued. That is your position?"

"Representative Murphy." Murphy, M: "Frankly, the blame, if you would so to speak, goes with the out of state developers who want a federal exemption. They want a TIF exemption and they want to take state tax dollars away from the priorities, we as a General Assembly, set."

"Representative Granberg."

"Thank you, Mr. Speaker. Have you been advised, Representative, by any bond counsel either in New York or through the Governor's Office or your legal staff as to what the bond market will do if Illinois defaults on the issuance of these bonds, or if we actually repeal the law?"

"Representative Murphy." Murphy, M: "Just to point out, Representative, these are federal muni bonds. These are not backed by the full force of the State of Illinois. And with regard to that, as our gubernatorial leader and such, with his counsel we have any manner of opinions as you will from various bond houses that I would suggest to you we will have to see what happens, Representative. But I really believe that the Governor was in good stead when he recommended in the State of the State Address to repeal this giveaway."

"Representative Granberg." "I thank the Representative. I'm not arguing the merits of of the provisions on incineration, Representative. But I am concerned about the full faith and credibility of this State and the fact that our bond rating has been 9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 lowered three times in 4 years. And if we seem to engage in policies or we change our mind every other day or every other year and people rely to the detriment on our policies, that does concern me. Although the incinerator is in your area, but in downstate we have the credit rating problem because of the government bonds and the fact that this state has not followed a normal fiscal policy and our bond rating continually gets lowered and that does concern me. So I appreciate your time and...but, I too, am concerned that this will not happen. I appreciate your frankness, but for us to all of sudden change our policy does cause me a great deal of concern. Thank you."

"Further discussion? The Gentleman from Cook, Representative Harold Murphy." Murphy, H: "Thank you, Mr. Speaker. Would will the Sponsor yield, please?

"She indicates she will." Murphy, H: "Representative, would you explain to me the real reason we want to repeal, we want to stop the financing for this Robbins Project, particular, in particular?"

"Representative Murphy." Murphy, M: "Once again this a repeal of the entire Retail Rate Law with regard to incineration. It's a repeal of a law that was started in 1988, and as Chairman of the House Revenue Committee and as a State Representative, guardian of the taxpayers dollars, in an age of the press bemoaning us giving away taxpayers dollars, we have almost 28 incinerators on the drawing board right now. And we hear estimates of $5 billion to $7 billion coming out of General Revenue instead of paying or debts, instead of going to our schools. This is a giveaway that no bank would make and why should we for the taxpayers?" 10  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day

Murphy, H: "Representative Murphy." January 11, 1996 "Representative, are you aware that this project, the particular one in Robbins, is about eighty percent complete? And further, are you aware of the impact that it would have on those people who work in Robbins who...who...that town is about 45 percent unemployment there and the people who have invested their hard earned money and the City of Robbins itself, what kind of impact it would have on them?"

"Representative Maureen Murphy." Murphy, M: "I have had it on some good sources that some of the developers that you are talking about, Representative, have insisted that this project will go though without a dole from the state. How many businesses in our area go under on their own? The state doesn't come and bail them out and the developers of this company have indicated to the various school superintendents that this plant will go through with or without this subsidy. That's been their assertion all along."

"Representative Murphy" Murphy, H: "Mr. Speaker. Number one, it seemed like it's something about garbage. I picked up the paper this morning and some silver spoon, but all about garbage. We have people unemployed in this state. I read the newspaper. We're talking about subsidizing Amtrak. We're talking about subsidizing a Bears' stadium. A domed stadium if you will. I heard the Governor talk about Motorola. We subsidize them. So it's not about saving money for Chicago schools and schools in the State of Illinois. It's about people who want to work and make a decent living for their family and there are some people in the State of Illinois who don't want people to work and 11  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 will go out and say they're lazy. It's something about garbage, and it's all about garbage. I would remind you. I would remind you the garbage is not going to go away, it's going to be there always. And, further, I will tell you this; that the great late Dr. Martin Luther King lost his life about garbage. We have people who want to make an honest living. We have others that would not want them to: do that. We have people who say these people are lazy and don't want to work. These people want to work. They have families. They bleed like all of us. They have to feed their families. Don't we have any passion at all? What is your position going to be when Amtrak comes? What is your position going to be when the Bears' dome, or whatever they call it, come? The best vote on this Bill would be a 'no' vote. Thank you."

"The Lady from Cook, Lou Jones." Jones, L: "Thank you, Mr. Speaker and Members of the House. I'd like to state for the record that the Illinois Retail Rate Law provides a financial incentive to developers of projects that dispose of waste by burning it to produce electricity. It requires public utilities to enter into long term contracts to buy power at a specified rate from projects that have been certified by the ICC as qualified solid waste energy facilities. Projects have been obtained...obtained certification from the ICC, have signed the required contract with utilities, and in reliance on these assurances from the state, have proceeded to spend millions on the development and the financing. If this law is repealed without recognizing those projects that have already proceeded into reliance on this law, it will be an impairment of the very contracts that were created by this law and taking of these project's property. This is 12  83rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 clearly, I state clearly,  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996

"Representative Morrow."

"Yes, and you're still talking in double talk. Why is it that it's all right to not subsidize certain businesses, but it's all right to subsidize other ones which, and I'm trying not to name the districts that have received the subsidies from the Retail Rate Law, but there are many of them on that side of the aisle. So it was all right to subsidize some of those facilities, but it's not all right to subsidize facilities when it might be on this side of the aisle. Now, answer that in clean plain English and not the double talk that we've been hearing."

"Representative Murphy." Murphy, M: "Charles, this process allows us to speak plainly and I appreciate your candor. For the record again, Representative, only landfills with...that create methane gas are current recipients of the retail rate."

"Representative Morrow."

"Well, you know I received a lot of calls from constituents in the 708 zip code (sic-area code) that said that this Bill should contain no exemptions. No exemptions. Think about it. I was told, in fact, I was threatened by constituents from some of your districts that if I didn't vote to repeal it that they were going to vote me out of office. Well, as 'Forrest Gump' says, 'stupid is as stupid does' cause you can't vote for me anyway. But yet...but yet it's all right to put those exemptions when it's some of your constituents, some of your constituents that told me that we don't want any exemptions. We don't want to grandfather in nobody, but yet you're going against your constituency. Your not doing what they ask. Finally, Mr. Speaker, to the Bill. Finally, do you know what type of fiscal crisis we are about to put the State of Illinois in? 14  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 Yesterday...yesterday we were chided on this side of the aisle because we won't go along in giving the Governor 600 million more in bond authorization. Do you realize when this Bill is signed we won't be able to do a public works project in the State of Illinois for 20 years. 'McDome' is gone. Who's going to buy the bonds? Nobody, because we might recant ourselves and say, oh, those were bad bonds. We shouldn't be subsidizing ball parks. So now we're going to tell you that your paper is no good. Think about it. And guess what? None of my people get the bond work. Your people do. Your people do. So you're going to be hurting your people. I'm gonna vote 'no'. This Bill is going to pass. But you know what? Just like the Governor said yesterday 'oops, we made a mistake on the eavesdropping.' Governor, you can Amendatorily Veto that language off the Bill, but you tried to 'bullwack' the people. Is he gonna come back later on and say 'oops, I made another boo-boo, but help me correct it because now I can't build any construction projects in the state because the bond houses won't buy them and sell them? I think some of you on that side of the aisle need to stop thinking with your political mind and thinking with your governmental mind. Thank you."

"Further discussion? The Gentleman from Madison, Representative Davis." Davis, S: "Thank you, Mr. Speaker. I rise in opposition to this Conference Committee Report and I'd like to speak candidly on this issue. We're not talking about repeal of the Retail Rate Law here because it's my understanding that the 14 plants that burn methane gas are still going to qualify for this rate subsidy. And this really is not about the environment. This issue is not about the environment 15  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 because these solid waste, trash to energy facilities that are being proposed and being built are state of the art projects that emit very low levels of pollution. Do you honestly believe that the Federal EPA or that the Illinois EPA would allow these plants to be built if they weren't environmentally safe? Do you believe that they would allow these plants to be built if their environmental standards weren't constantly under scrutiny? No, this is not an environmental issue and this is certainly not a subsidy issue. We subsidize businesses every single day in the State of Illinois. We subsidize hundreds of millions of dollars to businesses in this state every single year. We have TIF districts. We have enterprise zones. We subsidize ball parks. We subsidize Motorola. We subsidize Mitsubishi. We subsidize Sears. The Governor was bragging about these subsidies yesterday in his speech. Bragging about them, telling the world to come to Illinois. It's a great business climate in the State of Illinois. Come to our state, we'll subsidize you. We will hurt our workers. We will get rid of our draconian worker right...rights laws in the State of Illinois if you'll come here and build. So this is not about subsidies. We subsidize hotel owners. We have a Republican Treasurer who wants to give hotel owners $30 million. This is not about subsidies. This is not about protecting the taxpayers money in the State of Illinois. This is about the NIMBYS. This is about the 'Not in My Back Yard People'. This is about trying to get certain Republican Legislators reelected, because of the 'Not In My Back Yard' syndrome that prevails in the collar counties. That's what this is about. I'm fortunate to have a proposition in my district, a $100 million dollar plant. My entire region supports this plant. The Governor 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 said yesterday, nobody wants these facilities in their districts. That is not true. I have a facility in my district and there's another facility in Madison County. They are both sponsored by everyone in the region including the Chamber of Commerce, including organized labor, including their construction trades and including the taxpayers. I find it a shame that in this state $550 million in bonds have already been sold. They trusted in the State of Illinois to live up to their commitment, and now in one fell swoop this Legislature is going to say we don't want your business anymore, we wanted it yesterday. We wanted you to come in and bring hundreds of millions of dollars into the State of Illinois, but today we're going to take that away. We're going to allow you to default on your bonds, and everybody who even spent one single nickle on those bonds is going to lose money. And this legislation...I'm gonna tell you something, there is going to be a major lawsuit and the taxpayers in the State of Illinois are going to have to pay to defend it. That is not saving taxpayers money, that's costing taxpayers money. Mr. Speaker, I want it to be made clear to everybody on this floor that this is an initiative by the Republican Governor in the State of Illinois. I want the construction workers in my district to know that this is a Republican initiative by the Republican Governor of the State of Illinois and by the Republicans on that side of the aisle. And I want the small businesses in my district to know, the small businesses that supply these plants to know that this is the Governor's initiative, a Republican initiative to stop a $100 hundred million plant that creates hundreds of jobs and 60 full time jobs in my district. I think it's a shame Lieutenant Governor Kustra, the big economic guru, 17  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 yesterday he was touted as the big economic guru. Well, I'm gonna tell you something. Let's put this on the Internet. Let's put this on the information highway. Put this message out. Come to the State of Illinois. Bring your hundreds of millions of dollars, and then once you get here we're going to change the law and we're going to take it away from you. I urge everybody in here to stand up, do the right thing and vote 'no' on this piece of legislation."

"The Gentleman from Vermilion, Representative Black."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. To the Conference Committee Report. I stand before you today as someone who has always supported the concept of incineration. The concept of taking care of your solid wastes where it's generated. I don't make any bones about being a downstater. That's no secret to any of you that have been here. I'm very proud of the fact that I live in downstate Illinois. I enjoy living there. Five generations of my family have lived there. But the issue before us transcends regionalism. Many issues I have trouble distinguishing whether or not the impact is good or bad for various regions of the state, but let me tell you, and I stand before you as someone who's going to change my vote today and I want you to understand why. When we voted this in in 1987, I don't think any of us who were in the chamber at that time realized exactly what the fiscal impact would be on the General Revenue Funds of this state. Now, Ladies and Gentlemen of the House, if we take no action on the Bill that we passed in 1987, we will divert $47 million that would otherwise flow into the General Revenue Fund of this state. And do you know what really 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 amazed me and it shows maybe I didn't read it as well as I should of in '87. Most of that money goes into the treasury of the public utility companies who get a tax credit for buying the power from these waste to energy facilities at a higher price than what they can generate it. Well, I want to tell you something. I've talked to several people in my district and we are concerned that you generate...if you generate the solid waste, you take care of it. We don't want it. But that's not the issue here. The issue is, I am not about to continue a subsidy to Commonwealth Edison, Illinois Power or any other public utility in this state. That's a whole other issue, and if you want vote for that subsidy you go right ahead, and for those of you who want to get your press releases out on me; let me just tell you something. Memory has dulled my senses, but to the best of my recollection, in 1964 people were very critical of the illustrious and great late Senator Everett Dirksen of Illinois, because Everett Dirksen helped Lyndon Johnson pass the sweeping Civil Rights Act of 1964. And, in fact, Lyndon Johnson, then President said, 'I couldn't have passed this without Senator Dirksen'. And members of the press looked at Everett Dirksen and said 'Senator Dirksen, aren't you being hypocritical? You've never voted for Civil Rights Legislation in your illustrious political career.' And Everett Dirksen looked at the members of the press and said, and I quote to the best of my memory, 'Ladies and Gentlemen of the press, I rather be right that consistent. And on this issue today I'd rather be right.' If you want to talk later on about where we dispose and how we dispose of solid waste, I'll be there with you on that issue. But this issue is diverting General Revenue Funds that we could 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 appropriate for other uses. Don't talk to me about the state of our economy, the state of our budget, our bond rating, if you are willing by the end of this decade to take away from the revenue stream of this state $500 million in tax credits to public utility companies. I... This Bill does not eliminate incineration as a technology and I have high hopes that will continue to develop. What it does take away, is a subsidy, the magnitude of which none of us knew would happen in 1987. We had no idea we were talking about a half a billion dollars. So the right thing to do in 1996 is to vote for the repeal of a law that we had high hopes for that will not work and will simply exacerbate the financial problems of the State of Illinois. I urge an 'aye' vote."

"Representative Lang."

"Thank you, Mr. Speaker. Will the sponsor yield?"

"She indicates she will."

"Representative, I have, as well as everybody else in this Body, have been the subject of a massive letter writing campaign from constituents in your district, constituents in Representative Lyon's district, constituents in Representative O'Connor's district. These letters have been very clear. After they go on to threaten my reelection, which is going to be difficult this next election. After they go on to do that, they tell me in no uncertain terms that they want a clean repeal of the Retail Rate Law. They want no exemptions of any kind. And I responded to a couple of those folks with a phone call after I tracked down their phone number and I said, well in the past I've been for a certain exemption, and they said, 'No, we're for no exemptions. You know, and we've been working closely with Representatives Murphy and Lyons and 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 O'Connor and a we're not for any exemptions, we want a completely clean repeal. And you've said to your constituents, we're gonna give you what you want. We're gonna go down to Springfield and we're going to repeal the Retail Rate Law in its entirety because they told you that if you don't they're not going to vote for you. And now you come to us today. You've not exempted Robbins, you've not exempted any of the other partially built facilities or the facilities where bonds have been sold, but you do exempt the facilities that use methane...that are involved with methane gas. What are you going to tell your constituents and what is Representative Lyons and Representative O'Connor going to tell their constituents about why you have not followed their dictates? Why you have not fulfilled your promise to them of giving them a clean repeal?"

"Representative Murphy." Murphy, M: "Representative, I will ask them to stop writing you letters, number one; number two, I will say Representative Lang is a wonderful example now that you've told us of such a safe district, that it's impossible to threaten him with being unelected. But more to the point with quite seriousness here, Representative. Three years ago we came down a path when there were six or eight incinerators, and here those people that represented special interests of tire burning and wood burning thought they were homogenous and if they thought could possibly be exempted. The people in my area are very opposed to the incineration of garbage. The taxpayers in my area pay their municipalities to have their garbage hauled away. The taxpayers of my area have not contracted to send their garbage to Robbins, SO they don't want on the other end to be paying for the 21  83rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 incineration of out of state waste with their state tax dollars. So, Representative, I will handle my constituents back home and any of those that did send you a letter. If you want to share the list, I will be sure to let them know that I am their Representative."

"Representative Lang."

"Thank you. Well, I would like to work with you and Representative Lyons and Representative O'Connor, who are going to have a lot of explaining to do to your constituents because you've promised them a clean repeal and your not providing them a clean repeal. I'm pretty good at letter writing myself and perhaps I can help you. The next question I ask is relative to the lawsuit that is going to be coming from the bondholders. You know, in this state we have a Governor who spent millions of dollars of our money fighting 'motor voter' in the federal courts only to lose. He's fought the case against the Department of Mental Health that he's about to lose. He's fought the case against the Department of Children and Family Services which we're losing everyday. We're losing that battle on the streets of Illinois everyday. We're buying a new lawsuit here. Why should we spend further taxpayer dollars to defend the kinds of lawsuits that are obviously going to be filed the day after the Governor signs this Bill?"

"Representative Murphy." Murphy, M: "Representative, the kind of money that we're talking about safeguarding is near 527.2 million dollars, just from 1990 to 1999. To predict outcome in the Court System of Illinois requires more than an astrologer and a stargazer. We are to...every piece of legislation we pass, as you well know, can be scrutinized and tested by the courts. That does not obviate us from our guardianship of our taxpayers 22  83rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 dollars, and if we do not stop this giveaway there will be just more money taken away from General Revenue Fund every year. We'll need a special part of the budget, Representative, that will have a reduction in revenue, Represent...."

"Representative Lang, your time has expired. Further conversations? Lady from Cook, Representative Lyons."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in strong support of this Bill on behalf of the constituents of my district. This is an example of Republican efforts to get rid of corporate welfare the other side of the aisle is constantly urging us to do. In 1988 the Retail Rate Law was enacted in anticipation of an  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 capital of the world and I urge your support. Thank you."

"Representative Flowers."

"That's okay, Mr. Speaker."

"Representative O'Connor."

"Thank you, Mr. Speaker. Mr. Speaker, I rise in strong support of House Bill 1523. Back in April 27th of 1995, I had an opportunity to offer some closing comments on a Bill similar to this one. At that point in time, I think we were trying to make it perfectly clear of all the rhetoric that is going on about this piece of legislation. At that particular time I strongly suggested that this is essentially a very, very bad business deal for the State of Illinois. As I stand here in front of you today I feel the same way. This was a piece of legislation that was passed that is just pure and simple bad business for the State of Illinois. I strongly urge support of House Bill 1523. Thank you."

"Representative Murphy to close." Murphy, M: "Thank you, Mr. Speaker, Ladies and Gentlemen. With questions earlier posed, I'd like to read the following. The st...the Senate action that occurred in May of '94 is worded as such: 'In recent years the Illinois Legislature has considered legislation that have eliminated facilities right to receive payment at the QSWEF Rate.' That has to do with the Retail Rate. 'No assurance can be given that such legislation will not again be considered for passage during the present legislative session or similar legislation considered by the Illinois Legislature in the future or that any such proposed legislation, if enacted, could not adversely effect the amount of energy revenue for the facility. Failure of the facility to receive revenue in accordance with this QSWEF Rate would adversely effect 24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 the ability of the facility to produce sufficient revenues to pay operation maintenance expenses and debt service on the bonds.' So speaking to the bonds, the Senate of the Illinois Legislature put this notice to the public, that what one General Assembly can give, another can take away. More importantly, this preceded the issuer of the bonds own prospectus, where in the prospectus any Bond House, any investor would of been put on notice to not depend on receiving such monies. Underscored. No assurance can be given that such legislation will not be again considered for passage during the present legislative session. It's almost word for word of the issuer's own prospectus taken from the notice put upon them by the Senate in May of '94. So the bond issue is a bogus issue, I submit, Ladies and Gentlemen, but the issue of the give away of such money is not. You talk about creating a wonderful business climate, this will only create a great garbage climate. And I don't know about downstate, upstate, Chicago suburbs, but our taxpayers will not pay their precious dollars for the incineration of New York garbage. There's nothing that can stop us from having this out of state garbage in. We have the out of state developers in. The jobs are not always created in the area. Our precious state tax dollars are going to out of state developers to burn out of state garbage. If you wanted to build a hospital in this state we would give you a hard time and there would be a 'needs assessment'. The Retail Rate Law that we wish to end does not allow for nay, even we could have a thousand incinerators, nay, ten thousand incinerators with no recourse other than to allow them. Back to the utility tax. How many of you want to visit an increase in the utility tax for this state, as more and more money will 25  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 continually drain the revenue coming from the utility tax? So let's see how this goes. Let's give away the taxpayers dollars so high we can hardly count them. Let's say this is for out of state development. This is economic development creating five to seven dollar per hour garbage jobs. And yes, were going to reduce garbage in Illinois. No we're not. Don't kid your self. We're already taking in Missouri's garbage. We'll soon be taking in...we get New York garbage. We are strategically located to have it transported in. I submit to you do not give away the taxpayers dollars. They were not asked to be the silent partners in this scam. I urge your 'aye' vote. I appreciate your due consideration, and I sincerely understand the contentiousness of this issue. Thank you, Mr. Speaker."

"The Chair wishes to clarify the application of Rule 8-4A. House Rule 8-4A provides that prior to May 1, Conference Committee Reports must be distributed on the Members desks one full session day prior to consideration of the House. The Chair has been asked to clarify this as it applies to this piece of legislation. The ruling of the Chair is that this requirement is satisfied if a Conference Committee Report is placed on the Members desks on the legislative day prior to the day on which Conference Committee Report is acted upon by the House. Conference Committee Report #1 to House Bill 1523 was placed on the Members desks on Wednesday, January 10th. Accordingly, it satisfies House Rule 8-4A and may be properly considered by the House today. Representative Murphy has moved that the House adopt Conference Committee Report #1 to House Bill 1523. All those in favor signify by voting 'aye', opposed by voting 'nay'. The voting is open. This is final 26  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 97 ayes, 14 nays, 4 voting present. The House does adopt Conference Committee Report #1 to House Bill 1523, and House Bill 1523, having received a Constitutional Majority, is here by declared passed. Introduction of Bills, Mr. Clerk."

"Introduction and First Reading of House Bills. House Bill 2667, offered by Representative Brady, a Bill for an Act making appropriations."

"Mr. Clerk, on Supplemental Calender 1 appears House Bill 682. What is the status of House Bill 682?"

"House Bill 682 has been read a second time previously. Amendments 2 and 4 have been adopted to the Bill. No Motions have been filed. Floor Amendment #5 has been approved for consideration."

"Representative Krause."

"Thank you, Mr. Speaker. I'd like to at this time present Amendment #5 to House Bill 682. This Amendment becomes the Bill and there are two provisions contained now in the Bill. The first part is to amend the Fire Protection District Act of the State of Illinois which would...amends the section as it relates to the disconnection of territory of one hundred acres or more from a Fire Protection District to a Home Rule Municipality in counties of one million or more. It adds the sections that it covers that territory wholly surrounded by a Home Rule Municipality, and in addition it adds a section that there are no legal voters residing in the territory which territory is to be disconnected and transferred to a Home Rule Municipality. Then the owners of the land that are contained therein may be the ones to petition the court 27  83rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 seeking the disconnection. If the court finds that all of the provisions of the statute have been followed then the court shall order the disconnection. The second part of House Bill 682 amends the Park District Code and Representative Stephens can give an explanation of this part."

"Representative Granberg."

"Thank you, Mr. Speaker. I had a question of Representative Krause to the first party Amendment, Ma'am. I think Representative Stephens is going to address the second part, but if Representative Krause would accede to my request I just have a couple questions of her."

"Do you have a question as well on the other. part of the Amendment? No? Representative Krause? She agrees to yield."

"Thank you, Representative. To the first part of your Amendment #5. This is at the request of that entity that is in the center of that property. Is that correct?"

"Representative Krause."

"It would be a mutual request that also would be at the request of the municipality and the corporation, both who are seeking a voluntary annexation."

"Representative Granberg."

"So, Carolyn, there is no objection. All the entities have come to an agreement on this. So, there is no objection by any of the adjacent owners or the adjacent public entities at all?"

"Representative Krause."

"Right. There would be no objection, obviously, of the municipality that favors the annexation. No objection of the land seeking to be annexed. They want to work out a voluntary annexation, and I don't think they're, as far as 28  83rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 the surrounding owners, sincerely, I don't believe they would have any standing and they have not been approached."

"Representative Granberg."

"And, Representative, I have a note here that the United Airlines is a proponent. Would that be to your section of the Amendment?"

"Representative Krause."

"United would be a proponent."

"Representative Granberg."....

"For the edification of our side of the aisle, Representative, why is United Airlines that concerned about this particular legislation?"

"Representative Krause."

"They would be interested in this legislation since they are the corporate party tha that has no registered voters within it to petition for the disconnection. They are the parties seeking to work out the voluntary annexation with Mt. Prospect. There are no registered voters."

"Representative Granberg."

"Thank you, Representative."

"Further discussion? Being none, the Lady moves for the adoption of Amendment #5 to House Bill 682. All those in favor say signify by saying 'aye'. The 'ayes' have it. Third reading. Are there any other...excuse me, I didn't ask. Were there any other Motions or Amendments, Mr. Clerk, to that Bill?"

"No further Amendments have been approved for consideration."

"All right. Third Reading. We'll now proceed to the Order of Third Reading of House Bills. Mr. Clerk, read House Bill 682."

"House Bill 682, a Bill for an act in relation to 29  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 the transfer of real property. Third Reading of this House Bill."

"Representative Krause."

"Thank you, Mr. Speaker. We've had discussion on the Amendment and at this time, if there is nothing further, I would ask 'do pass' for House Bill 682."

"Is there any discussion? Lady from St. Clair, Representative Younge."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"She indicates she will."

"Does the Amendment 5 affect Chicago? The Chicago school district?"

"Representative Krause."

"I am sorry, I could not hear the question. If she could repeat it."

"Could you repeat your question, Representative Younge?"

"Yes., I was asking the question whether or not the Chicago Park-District is affected by Amendment 5?"

"Representative Krause."

"I'm going to ask if Representative Stephens could address that, as it relates to the Park District Amendment. Is the Chicago Park District affected by this?"

"Representative Stephens."

"Only if the Chicago Park District falls under the Park District language that's current statute."

"Representative Younge."

"Is your answer that it is affected or it is not affected, Representative?"

"Representative Stephens."

"Only if they choose for it to be."

"Representative Younge." 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996

"This is an Amendment of the park district language in the current statute and if they're covered under that part of the statute, and I believe they are, then they can choose to be affected."

"Representative Younge."

"Then you're saying that if the Chicago Park District chooses to be affected by this Amendment, that it would be? In other words, right now in Chicago, what happens is you have a court approve a sale of property that a park district is trying to sell, and you're saying that under this statute then, the Chicago Park District would be able to sell property without going to court? Is that what you're saying?"

"Representative Stephens."

"Only to a not-for-profit corporation established for the purpose of serving youth."

"Representative Younge."

"In other words, you're saying that Chicago Park District if the sale of the land is to a not-for-profit, would be affected by this statute. I don't think that that's the case, Representative. Are you sure about that? They're separate statutes. This is in an effort to change the law in reference to the rest of the state; not Chicago, they're under a separate statute. And I think it's very very troubling, Representative, that the park district would not have to go to anyone. It would not have to go to the court. It would not have to go to the voters or anyone in order to sell public property. Is that your intent here?"

"Representative Stephens."

"Representative, I appreciate the fact that you asked to be added as a Cosponsor to this legislation, and I appreciate your support and I appreciate the fact that 31  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 you're asking these questions in order to clarify the issue. What we have amended is the standard park district language in the current statute. 88-91, 88-426, 88-670 effective 12/2/94. And this allows the park district to enter into a licensing or management agreement with not-for-profit corporations, organized under the laws of this state to operate park district facilities, if the corporation covenants to use the facilities to provide public park or recreational programs to youth. Period. End of paragraph."

"Representative Younge."

"Yeah. Representative, upon studying this statute very very carefully, it's really very vague and I think very dangerous. In other words, this section of the law provides for a referendum before park district lands can be sold. You're Amendment would permit them to be sold to a not-for-profit without a public referendum with only one meeting. Is that correct?"

"Representative Stephens."

"Representative, first of all there's public notice requirements in the language. You've read the language. I can't believe that your standing now seemingly in opposition to something that you know is directed for your own district. This is an attempt by corporations to put $8 million into your legislative district. Donated funds, I might add, for the purposes of serving youth. Something that Jackie Joyner Kersey, who originates from your district, a star for all of us to emulate, who has come forward and...and endorsed this idea. Something that corporate Illinois and corporate America want to do to reach into the city of East St. Louis and give of their own free will by donating. Nobody is being forced to do 32  83rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 anything here. Public notice requirements as standard procedure, three announcements in the local newspaper. If that paper is not available; three notices within a ten day period posted in public places around the park district will give notice of that meeting. Anyone who wants to participate in that meeting can step forward at that time and all this does is allow the park district to sell with a covenant, to return that land if it's not used for the purposes of serving the youth of your very district. Do you stand opposed to that?"

"Representative Younge."

"Representative, I'm opposed to legislation proceeding...having to do with my district without anyone talking with me about...about that legislation. Where is this land? What land is involved? How large is the park? What part of it would be sold? What...who is the corporation that it would be sold to and...and are there any standards in reference to the financial stability of that corporation? What I'm opposed to, Representative, is your proceeding without any conversation with me in reference to the largest park in my district, and I don't think..."

"Okay, Representative Younge, you need to bring your remarks to a close."

"Yes, I have asked several questions. Which park is involved? How much land of that park would be sold? What is a specific definition of the facility and the programs involved? I...let's have some discussion of what it is were talking about here and that's the whole point of...of my concern here."

"Representative Stephens, could you answer those questions please?" 33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996

"Mr. Speaker, all I can do is pledge that I will have Ms. Kersey talk to Representative Younge. This is something that may have just fallen into the Representative's lap, but it certainly is a benefit to her district and if we were discourteous in any way, I would apologize for that. But I know that I wouldn't mind if some other Legislator wanted to introduce language beneficial to my district. I would stand in support of that, and I would hope the Body would reflect that in it's vote."

"Representative Younge, your time is expired, but you raise a question."

"Mr. Speaker, I think this is a clear example of an Amendment that is not ready to go. If the Sponsor doesn't know which park it...it has anything to do with, how large the tract of land is, how large is the sale, to whom is the sale, I think that it would be irresponsible for this Body to proceed without the basic facts. Here we have an Amendment that the Sponsor is...is not even familiar with because he didn't even know that Chicago wasn't even affected by this, and...and this...every answer proves that this Amendment should not be approved."

"Further discussion? The Gentleman from Washington, Representative Deering."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"He indicates he will."

"Representative Krause? Representative Krause a question."

"Representative Krause? She indicates she'll yield."

"Here, Representative, right here. Amendment #35 became the Bill right? Thank you." 34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996

"Further discussion? The Gentleman from St. Clair, Representative Hoffman."

"Thank you, Speaker, Ladies and Gentlemen of the House. I stand in support of this Bill. I think that nothing makes more sense or more common sense than allowing park districts to do something that is good for the youth of this state and this country. What we're talking about here is something very very simple. We're talking about park boards only being allowed to sell to not-for-profit agencies, to set up programs to help youths. That's all we're talking about. To help young people in our inner cities. To help young people in the rural areas. To help young people all over this state to allow corporations to band together to set up programs to help young people. That's all this does. It doesn't do anything more. Nothing sinister about it. Nothing bad about it. This is a good Bill and I ask for your support."

"Representative Monique Davis." Davis, M: "I'd like to yield my time to Representative Wyvetter Younge."

"Representative Younge, you've already had five minutes extra that I gave you before, but she's yielded her time to you."

"Yes, I think that we have to be careful to make sure that the legislation that is passed by this Body is done so in a credible way. I think that this Amendment, which has become this Bill, in reference to giving park districts the power to sell land without a referendum, without it's going before a court, without any of the safeguards, there are reasons over the years why these safeguards have been put into the law. And when we're talking about public property, I think that these safeguards should be enacted. 35  83rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 Yes, apparently if we're talking about the Kersey Project, that's a good project. But we don't even know which park or what park or how much land and this is a clear example of an Amendment and a Bill being too vague to be worthy of consideration and passage by this Body. These safeguards are important. And to just willy-nilly say that any not-for-profit corporation can buy land from a park district does not serve the interest of the people of Illinois and I feel comfortable that such a vague provision will come back to haunt this Body later, and so I...I don't think that we ought to support it."

"Be noticed, no further discussion. The Lady moves to the passage of the House Bill 682. All those in favor will signify by voting 'aye'. Opposed by voting 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk take the record. On this question there are 98 'ayes'. Seven 'noes'. Nine voting 'present', And House Bill. 682. having received a Constitutional majority is hereby declared passed. Mr. Clerk please read House Resolution 65."

"House Resolution 65, offered by Representative Churchill. 'Be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that pursuant to House Rule 3-7, the following legislative measures are recommitted to the Rules Committee: House Resolution 19, House Resolution 20, House Joint Resolution 14, House Joint Resolution 25, House Joint Resolution 51, House Joint Resolution 52, House Joint Resolution 53, House Joint Resolution 54.'"

"Any discussion? Being none, the Gentleman 36  83rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 moves for adoption. All in favor say 'aye'. Opposed 'no'. The 'ayes' have it and House Resolution 65 is adopted. Mr. Clerk, what is the status of House Bill 998?"

"House Bill 998 is on the Order of Second Reading."

"Leave that on Second Reading. House Bill 1000."

"House Bill 1000 has been read a second time previously and is on the Order of Second Reading."

"Okay, leave that on Second Reading. House Bill 1290."

"House Bill 1290, a Bill for an act amending the Public Utilities Act. Amendment 1 was adopted in committee. No Motions have been filed. This Bill has now been read a second time."

"Leave that on Second Reading. House Bill 1747."

"House Bill 1747. A Bill for an act amending the Bureau of the Budget Act. Second reading of this House Bill. No Committee Amendments. No Floor Amendments."

"Leave that Bill on second reading. House Bill 2587."

"House Bill 2587, a Bill for an act amending the Illinois Health Finance Reform Act. Second Reading of this House Bill."

"Leave that on Second Reading. Senate Bill 366."

"Senate Bill 366. A Bill for an act amending the School Code. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments."

"Leave that on Second Reading. Mr. Clerk, an announcement. Members of the House, please listen to the Clerk's announcement." 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996

"There is a sheet being distributed that has current road conditions. Members are advised to read the sheet for safe travel home."

"Representative Granberg."

"Thank you, Mr. Speaker. For all the Members of the General Assembly, I just want to make an announcement. We've heard some great news over the holidays and that is our good friend Phil Novak is now engaged to be married. So the...so the women of Springfield are temporarily safe and I hope for a long period in the future."

"Representative Turner on the floor? Art Turner. Ladies and Gentlemen we have a Resolution. A Death Resolution of a former Member. We will first move to adjourn on this Death Resolution when it is completed. So, Mr. Clerk, do you want to read House Resolution 68."

"House Resolution 68, offered by Representative Turner. 'WHEREAS, The members of the House were saddened to learn of the recent death of one of their distinguished colleagues, Taylor Pouncey, former representative from Chicago; and WHEREAS, Taylor Pouncey was born in Carbondale on January 9, 1923; he was educated at Oakland School and Wendell Phillips High School; and WHEREAS, Mr. Pouncey received an honorable discharge from the United States Marine Corps after serving from 1943 through 1946; and WHEREAS, Mr. Pouncey worked in the Motor Vehicle Department of the United States Post Office for 22 years, joined the Illinois Highway Department in 1962, and began work with the City of Chicago's Bureau of Street and 38  83rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 Sanitation in 1969; and WHEREAS, He was a board member of the 7th District Police Steering Committee and the Antioch Baptist Church of Englewood; and WHEREAS, He was also affiliated with the International Teamster Union 726, Local 1001 of the Municipal Employees' Union, Oriental Lodge 68 F&AM, and was a former scout master of Troop 517 of the Boy Scouts of America and a precinct captain and worker in the 16th Ward Regular Democratic Organization; and WHEREAS, Taylor Pouncey served with distinction as a member of the Illinois House of Representatives for 10 years, as a representative of the 26th District during the 79th through 82nd General Assemblies and as a representative of the 31st District during the 83rd General Assembly; and WHEREAS, His passing will be deeply felt by his family and friends; his dedicated service to the citizens of this State will long be remembered; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow and regret the death of our former colleague, Taylor Pouncey, and extend our sincere condolences to his family and friends; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Taylor Pouncey.'"

"Representative Art Turner." Turner, A: "Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. First of all I'd like to ask leave that all Members be added to this Death Resolution. Some of you may recall, and I know that a lot of new Members are around and they may not know Taylor Pouncey very well, but my first 39  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 term here in the Assembly, there was two more rows behind us here in the last aisle. There was in fact under the column here where the telephone booth is and Taylor Pouncey was my first seat mate the first year I was here. For those who don't know Taylor personally, let me describe him at that time. He was a man of huge stature. I think that's safe to say. He weighed about 350 pounds or more and he told me that he picked up a lot of that weight while sitting back there in that back row right here in this General Assembly. So a word of advice to the newcomers. But he called me 'baby brother'. I came in here as an independent, and so Pouncey was a staunch loyal Democrat, a Member of the 16th Ward organization. One who would give his life for the party. And I came in as a rabble-rouser and so he referred to me as 'baby brother'. And we used to have long conversations about certain votes that I would cast and things...my opinion on the political process and how he felt the process should be moved along. And he would say, well, uhh, 'baby brother', you know, and he always used to pop his teeth...you know when he'd be...He just had a way of smacking his teeth when he was talking and it was an unusual gesture. But he said, 'Art, you know I respect you and your position and what you have to do', and he says, 'You know, I didn't go on to college'. And at that time there was a young lady here named Representative Monica Stewart who was a Vassar grad, and she was very...very good with the King's English, and he said, 'you know I respect you young brothers and sisters coming in here'. But he would always remind us that as you go along through this process that the people you meet are the same people, you never know what they're going to do later in life. And he pointed out some young Pages, kids that he 40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 remembered when he first came in here who were Pages who are now being appointed assistant directors and department heads, and he said, 'you know, baby brother, if I had not said hello and spoke to that young man he wouldn't remember me today.' And he says, 'You, know, they're back here, all of them do and they sit around and talk to the old man.' He talked about the days he would...as a kid growing up in Cairo, that he would walk around and take pies off the window sills from the homes where, I guess, ladies used to set their pie out on the window sill and let it cool. And he would go by and grab one, and how the ladies treated him very nice and thought that...you know they sort of laughed about it, but yet in there own little way Pouncey was apologetic and said, that you should never forget how you treat people. How you...what you say to people today could very well...that same individual you're gonna have to come by them again. Shortly after the cut back Amendment and redistricting, Pouncey left the Assembly, went home and as mentioned earlier because of the he had a second job with the City of Chicago and that job was on the back of the garbage truck. And it amazed me how a State Rep. would leave here and then go home and his city job was on the garbage truck. And I used to say, 'Pouncey, you know, couldn't they give you something else?' I mean, isn't there another job?' He enjoyed being on the back of that truck. He enjoyed being on the truck. There was...He said, you could learn a lot about communities just in the garbage that you pick up. Funny, we talk about garbage today, too, but a...and all week for that matter, but a...he said, 'you learn a lot about the communities and the people based upon, you know, the garbage that you pick up from those communities. But he said...you know, he took pride in 41  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 being that guy on the back of the garbage truck. Most recently he was the Administrative Aide to Alderman Shirley Coleman, prior to his death, in the city, and after leaving this Assembly he also lost, I think, at least 150 of the 375 pounds. In fact, I didn't even know he was the same man. And so...he talked about what a feat that was and how good he felt. He was just a jovial, good natured individual and I couldn't of asked for a better seat mate and I can also say that he tried to help me put on that 350 pounds. But, Pouncey, I remember that it just wasn't all that good to carry around and I'm happy to have met you. I know that he's at peace. He had a son and a daughter. His son was a engineer in the Navy; he held a very high position, like on a nuclear submarine or something of that nature, and so his kids did very well. He insisted that they become educated and do the things they should do for their community. And, I think, all in all he was a great Representative for the people of the district that he served and he will truly be missed."

"Representative Morrow."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I, too, knew Taylor Pouncey, but I didn't meet Taylor until after he had left office and I became the...At the time, Mary Flowers and I had parts of his old area that he used to represent and I remember coming down here as a young man. I was probably one of the youngest at the time. A lot of time people kind of overlook you or look by you because they feel you haven't paid your dues, and then sometimes...kind a put you down because they feel that they should be where you are. And the one thing I will always remember about Taylor Pouncey is that he treated me with utmost respect, and as Art said, he always had a kind word 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 to say for you and he always gave us good advice. And a lot of times when guys have left because of reasons that are not of their own accord, they become bitter, and they don't want to transfer some of that knowledge they have to guys like myself who come along. Taylor Pouncey always had a kind word of advice. The last time I saw him was here on this House Floor about three years ago. He came down with Shirley Coleman, who is the Alderwoman of the 16th ward, and as Art said he had lost a lot of weight, and I didn't really recognize either, but he came out, and he was just happy that we brought him on the House Floor. At that time there were a little bit more liberal. rules in bringing guests on the Floor, and he just thought, you know, that even though he was a former member, and he could have access to the Floor it still thrilled him to be allowed on this House Floor and take some photographs with Mary Flowers and myself. And I'm gonna always remember Taylor Pouncey because in my nine, almost ten years of being in office, sometimes you say people are nice people and you really don't mean it. Taylor Pouncey was truly a nice gentleman. Thank you."

"Representative Black."

"Thank you very much, Mr. Speaker. I didn't have the privilege or the pleasure of knowing Taylor Pouncey personally, but as an old civics teacher I think he'll long be remembered in Illinois textbooks, because I recall at one time many people thought it was the 'Pouncey Party' that was going to reshape Illinois politics and the destiny of this state. In hearing Representative Turner and Representative Morrow talk, I think there perhaps is a lesson for all of us in that what we do here is certainly a part of our lives in transition. There are many more 43  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 important things in life than what we do here, and from what our colleagues have said, perhaps all of us as we journey home today need to think, stop and think about how people are remembered here. That he was kind. That he was obviously was a gentleman who did not take himself too seriously, or the process too seriously. On occasion, yes, it can be very serious indeed. We're sent here to do things for our district, and we all have hopes and aspirations for our district and our state, but it takes someone like the...the memory of someone like Taylor Pouncey to keep things perhaps in perspective, that what we do here, no matter how heated it becomes, that I would hope we all recall what Representative Turner said about a truly nice individual, that we don't do things in a personal vein, that we don't take things in a personal vein and that we try to keep things in the proper perspective. And that even after heated debate and long hours on the Floor, regardless of our party affiliation or gender or where we live in the State of Illinois, we could leave here and have. a cup of coffee or share dinner together and be friends because that's all that it boils down to in the end. Will we be nice people? Will we be remembered fondly? I would hope that when my time comes that someone will be able to say on this floor, he had many faults but he was a nice guy and I don't think any of us could ask for anything more. And the world could use today more 'Taylor Pounceys' and a lot less of what we're seeing, not only in our state, but nationally."

"Representative Younge."

"Mr. Speaker, I'd like to add that I think that Taylor Pouncey's life is an example that we should not judge people to the heights...by the heights to which they rise 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 but from the depths from which they come. I will remember Taylor Pouncey for his work in specialized learning or living centers and there are a lot of specialized living centers all over this state and they can relate back because of the work of Taylor Pouncey."

"Representative McAuliffe."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I remember Taylor Pouncey also. He sat in the back with Jimmy Taylor and Larry DiPrima and he was always a very kind and a very cheerful person. And when I would walk in and stop at my friend's desk, Representative DiPrima, Taylor sat next to him, and he would always have a kind word and always had a smile and always was very ready with a joke. And in fact, he invited me to visit him in his Ward where he was a Ward Superintendent and I did. One day when I was working on the Police Department I stopped over at his...at the Ward Superintendent where he was the Ward Superintendent, I think it was the 16th Ward, and he showed me around and introduced me to all of his friends and he said that this was a colleague of his from Springfield. So I also will miss his kindness and his cheerfulness."

"Representative Turner now moves that all Members of the House be added with leave of the House. Leave is granted. Representative Turner moves for the adoption of House Resolution 68. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it and Representative Churchill now moves that the House stand adjourned allowing for perfunctory time for the Clerk on January 12th, January 16th, and January 19th until Tuesday, January 23, 1996 at the hour of 12:00 noon. All those in favor say 'aye', all those opposed 'nay'. In the opinion 45  83rd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE January 11, 1996 of the Chair the 'ayes' have it and the House stands adjourned allowing for perfunctory time for the Clerk on January 12, January 16, and January 19 until Tuesday, January 23, 1996 at the hour of 12:00 noon."

"House Perfunctory Session will be in order. Committee announcement. Rules Committee will meet immediately upon adjournment of the Regular Session. Rules Committee meeting immediately, Speaker's Conference Room."

"Introduction and First Reading of Resolutions. House Resolution 67, offered by Representative Currie. House Joint Resolution 81, offered by Representative Biggert. Rules. Introduction and First Reading of House Bills. House Bill 2668, offered by Representative Cross, a Bill for an Act concerning civil legal services for the indigent. House Bill 2669, offered by Representative Deuchler, a Bill for an Act to amend the Child Care Act of 1969. House Bill 2670, offered by Representative McAuliffe, a Bill for an Act to amend the Illinois Police Training Act. House Bill 2671, offered by Representative Blagojevich, a Bill for an Act in relation to domestic violence and amending named Acts. House Bill 2672, offered by Representative Monique Davis, a Bill for an Act making appropriations to the State Board of Education. House Bill 2673, offered by Representative Brunsvold, a Bill for an Act amending the School Code. House Bill 2674, offered by Representative Currie, a Bill for an Act to amend the School Code. House Bill 2675, offered by Representative Monique Davis, a Bill for an Act to amend the School Code. House Bill 2676, offered by Representative Skinner, a Bill for an Act concerning referenda, amending named Acts. House Bill 2677, offered by Representative Brunsvold, a Bill for an Act to amend the School Code. House Bill 2678, offered 46  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 83rd Legislative Day January 11, 1996 by Representative Pugh, a Bill for an Act making appropriations to the State Board of Education. House Bill 2679, offered by Representative Pugh, a Bill for an Act making an appropriation to the State Board of Education. House Bill 2680, offered by Representative Pugh, a Bill for an Act to amend the School Code. House Bill 2681, offered by Representative Monique Davis, a Bill for an Act to amend the School Code. House Bill 2682, offered by Representative Currie, a Bill for an Act to amend the School Code. House Bill 2683, offered by Representative Dart, a Bill for an Act to amend the School Code. House Bill 2684, offered by Representative Burke, a Bill for an Act to amend the School Code. Introduction and First Reading of these House Bills. Introduction and First Reading of House Bills. House Bill 2685, offered by Representative Lawfer, a Bill for an Act to amend the Illinois Vehicle Code. House Bill 2686, offered by Representative Lawfer, a Bill for an Act to amend the Illinois Vehicle Code. Introduction and First Reading of these House Bills."

"Perfunctory Session will be in order. Messages from the Senate by Mr. Jim Harry, Secretary of the Senate. 'Mr. Speaker, I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution in the adoption of which I am instructed to ask concurrence of the House of Representatives to wit: Senate Joint Resolution 70, offered by Representative Pankau, adopted by the Senate January 11th.' Introduction Senate Joint Resolution 70, offered by Representative Pankau, Rules Committee. No further business. The House Perfunctory Session stands adjourned. The House Perfunctory Session will reconvene on Friday, January 12th, at the hour of 12:00 Noon." 47  REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JANUARY 11, 1996 97/02/11 13:55:00 HB-0682 SECOND READING PAGE 27 HB-0682 THIRD READING PAGE 29 HB-0682 MOTION PAGE 5 HB-0998 HELD ON SECOND PAGE 37 HB-1000 HELD ON SECOND PAGE 37 HB-1290 HELD ON SECOND PAGE 37 HB-1523 CONFERENCE PAGE 7 HB-1747 HELD ON SECOND PAGE 37 HB-2587 HELD ON SECOND PAGE 37 HB-2660 FIRST READING PAGE 4 HB-2661 FIRST READING PAGE 4 HB-2662 FIRST READING PAGE 6 HB-2663 FIRST READING PAGE 6 HB-2664 FIRST READING PAGE 6 HB-2665 FIRST READING PAGE 6 HB-2666 FIRST READING PAGE 7 HB-2667 FIRST READING PAGE 27 HB-2668 FIRST READING PAGE 46 HB-2669 FIRST READING PAGE 46 HB-2670 FIRST READING PAGE 46 HB-2671 FIRST READING PAGE 46 HB-2672 FIRST READING PAGE 46 HB-2673 FIRST READING PAGE 46 HB-2674 FIRST READING PAGE 46 HB-2675 FIRST READING PAGE 46 HB-2676 FIRST READING PAGE 46 HB-2677 FIRST READING PAGE 46 HB-2678 FIRST READING PAGE 46 HB-2679 FIRST READING PAGE 47 HB-2680 FIRST READING PAGE 47 HB-2681 FIRST READING PAGE 47 HB-2682 FIRST READING PAGE 47 HB-2683 FIRST READING PAGE 47 HB-2684 FIRST READING PAGE 47 HB-2685 FIRST READING PAGE 47 HB-2686 FIRST READING PAGE 47 SB-0366 HELD ON SECOND PAGE 37 HR-0065 ADOPTED PAGE 37 HR-0065 RESOLUTION OFFERED PAGE 36 HR-0067 FILED PAGE 46 HR-0068 ADOPTED PAGE 45 HR-0068 RESOLUTION OFFERED PAGE 38 HJR-0080 FILED PAGE 4 HJR-0080 ADOPTED PAGE 5 HJR-0080 RESOLUTION OFFERED PAGE 4 HJR-0081 FILED PAGE 46. SUBJECT MATTER HOUSE TO ORDER SPEAKER TIM JOHNSON PAGE 1 PRAYER PASTOR KEN ZINN PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 COMMITTEE REPORTS PAGE 2 REPRESENTATIVE MCAULIFFE IN CHAIR PAGE 3 INTRODUCTION OF MISS ILLINOIS PAGE 3 REPRESENTATIVE TIM JOHNSON IN CHAIR PAGE 3 RECESS PAGE 6 HOUSE RECONVENES SPEAKER DANIELS PAGE 6 COMMITTEE REPORTS PAGE 7 ADJOURNMENT PAGE 46 PERFUNCTORY SESSION TO ORDER PAGE 46 MESSAGES FROM SENATE PAGE 47 PERFUNCTORY SESSION ADJOURNMENT PAGE 47