Illinois House Floor Debate — April 25, 1996

"The House will come to order. The Members will please be in their Chairs. Those not entitled to the floor will please retire to the gallery. The Chaplain for today is Rabbi Vernon Kurtz of North Suburban Synagogue, Beth El, in Highland Park. Rabbi Kurtz is the president of the Chicago Board of Rabbis. Rabbi Kurtz is the guest of Representative Lauren Beth Gash. Guests in the gallery may wish to rise for the invocation. Rabbi Kurtz."

"Thank you. I'm very pleased to be with you this afternoon. I'm joined by my daughter, Shera, who is a sophomore at the Ida Crown Jewish Academy in Chicago. This week in the Synagogue we will read Chapter 19 of the Book of Leviticus. This magnificent chapter is known as the Holiness Code, for it details for all of humanity the responsibility of establishing a just court system, an ethical society, and enumerates our moral responsibilities towards our fellow human beings. In verse 16 we are told 'lo ta-amod al-dam rei-echa'. There are various translations of this particular verse. The most common one is, 'you shall not stand idly by the blood of your neighbor'. The simple meaning of the text suggests that when someone is in danger, it is our responsibility to help them. If we see someone drowning, we must attempt to rescue them. If we notice someone whose life is at risk, we must do all that we can to extend our support. This is the responsibility of everyone in society and especially those whom we count as our leaders. When there is anyone in our society or any place in the world who needs our support, aid and help, we must be there. The text suggests that if we do not extend that support then we are contributors to their pain and their injury. A second translation of the Hebrew is taken to mean, do not conspire 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 against your neighbor. We are not allowed, for example, to withhold testimony in a criminal case if it brings justice to bear. We cannot be silent when truth must be told. We must rise up and number ourselves among the just, the ethical, and the moral. As our elected officials, you continuously bear that responsibility in your tasks. It is upon you that we, the citizens of Illinois, rely to set the standards of truth and honesty in our society and to stand for that which is morally correct and ethically just. A third translation suggests that we read the verse as, 'do not profit by the blood of your neighbor.' One ought not to pursue one's own livelihood in a manner that endangers another or is at the expense of another's well-being. We all have the responsibility of helping one another for we are only as strong as the weakest link in our society. Each person of whatever background, religion, creed, or color is ennobled as being created in the image of God. All of us have been fashioned in this manner and thus individuals are not to be seen as objects, but unique souls who deserve respect and honor. We look to you, the elected officials of our state, to be the models for that type of conduct and to work on behalf of the highest ideals of humanity at all times. The Holiness Code impels us to work each day for the betterment of human society and human life. I pray that in your deliberations this day and every day, you may have the courage, insight and moral strength to help all of us establish societies where the holiness of the human being and the sanctity of human life is the highest ideal of our society. May you, and through you, all of the citizens of Illinois be blessed and may the work of your hands be sanctified with the highest ideals of the Holiness Code now and into the future. Amen." 2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 120th Legislative Day

"Thank you, Rabbi. We'll be led in the Pledge Gash Speaker Currie: of Allegiance today by Representative Gash." 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."

"Roll Call for attendance. Representative Currie is recognized on the Democratic side of the aisle for excused absences." "Thank you, Speaker. Please let the record show that Representative Granberg is excused for an official trip to Finland and Representative Martinez is excused on account of illness."

"The record shall SO reflect. Representative Cross is recognized on the Republican side of the aisle for any excused absences."

"Thank you, Mr. Speaker. I f the record would please reflect that Representative Salvi is excused."

"And the record shall so reflect. Mr. Clerk, take the record. There are 115 Members answering the Roll and a quorum is present. The House will now come to order. Representative Spangler."

"Thank you, Mr. Speaker. I rise on a point of personal privilege. I'd like to recognize the Immaculate Conception School from Morris, Illinois. If they'd rise. Could we have a big round of applause for the Immaculate Conception School in Morris and their principal, Kim Deloriay, and their teacher. Thank you very much."

"Committee Announcements."

"Committee Report. Committee Report from Representative Brady, Chairman for Committee on Personnel and Pensions to which the following Bill was referred. 3  120th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 Action taken on April 25, 1996. Reported the same back with the following recommendation: 'Do pass as amended, Short Debate' Senate Bill 1255. Committee Report from Representative Rutherford, Chairman from Committee on Constitutional Officers to which the following Bills and Resolutions were referred. Action taken on April 25, 1996. Reported the same back with the following recommendations: 'Do pass Short Debate' Senate Bill 1762, Senate Bill 1769, Senate Bill 1764, and Senate Bill 1763. 'Do pass as amended Short Debate' Senate Bill 1315 and Senate Bill 817. Committee Report from Representative Tom Johnson, Chairman from the Committee on Judiciary for Criminal Law to which the following Bills and Amendments and Resolutions were referred. Action taken on April 25, 1996. Reported the same back with the following recommendations: 'Do pass' Senate Bill 175, Senate Bills 1394, 1320, 1323, 1354, Senate Bill 1650, 1353, 1746, 1748, 1296, and Senate Bill 1518. 'Do pass on the order of Short Debate' Senate Bill 1604. Committee Report from Representative Maureen Murphy, Chairman from the Committee on Revenue to which the following Bills and Resolutions were referred. Action taken on April 25, 1996. Reported the same back with the following recommendations: 'Do pass Short Debate' Senate Bill 1264, Senate Bill 1361, Senate Bill 1564, and Senate Bill 1503. And 'Do pass as amended Short Debate' Senate Bill 1664."

"Adjournment Resolution."

"Introduction of Resolutions. The Adjournment Resolution. Senate Joint Resolution #97, offered by Representative Churchill."

"Rules Committee."

"Introduction of Resolutions. Senate Joint 4  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Resolution #71, offered by Representative Ackerman. Referred to the Rules Committee."

"House Joint Resolution Constitutional Amendment #35, page 5 of the Calendar. Read the Resolution, Mr. Clerk."

"Second Reading of House Joint Resolution Constitutional Amendment #35 'as amended'. Resolved by the House of Representatives of the 89th General Assembly of the State of Illinois. Proposes to amend the Judiciary Article of the Illinois Constitution. Requires a person, other than Judges or Associate Judges holding office on January 1, 1997, to be at least 35 years old and a licensed attorney-at-law of this State for at least 10 years before election or appointment in order to be eligible for Judge or Associate Judge. Effective upon approval by the electors. HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 35 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, That there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 11 of Article VI of the Illinois Constitution as follows; ARTICLE VI THE JUDICIARY SECTION 11. ELIGIBILITY FOR OFFICE No person shall be eligible to be a Judge or Associate Judge unless that person he is a United States citizen, a licensed attorney-at-law of this State, and a resident of the unit which selects him or her. After January 1, 1997, no person who is not holding the office of Judge or Associate Judge on that date may be elected or appointed as a Judge unless that person has been a licensed attorney-at-law of any State of the United States for at 5  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 least 10 years before election or appointment, and of this State for any 5 of those 10 years, and is at least 35 years old before election or appointment. After January 1, 1997, no person who is not holding the office of Judge or Associate Judge on that date may be elected or appointed as an Associate Judge unless that person has been a licensed attorney-at-law of any State of the United States for at least 8 years before election or appointment and of this State for any 5 of those 8 years. No change in the boundaries of a unit shall affect the tenure in office of a Judge or Associate Judge incumbent at the time of such change. SCHEDULE This Constitutional Amendment takes effect upon approval by the electors of this State. This is the Second Reading of HJRCA 35 'as amended'."

"Representative Noland. Do you have an announcement to make relating to the person next to you?"

"Mr. Speaker, Ladies and Gentlemen. It's my proud privilege to introduce today a birthday girl. Mona Berghoff Bass is 35 years old. Mona Berghoff Bass."

"The House will come to order. Page 4 of the Calendar. Second Reading. House Bill 1266, read the Bill, Mr. Clerk."

"Senate Bill #1266, a Bill for an Act that amends the Environmental Protection Act. Second Reading of this Senate Bill. Committee Amendment #1 was ruled nongermane. No Floor Amendments. A Fiscal Note and a State Mandates Note have been requested and filed."

"Third Reading. House Bill 1360. Read the Bill, Mr. Clerk. I mean Senate Bill 1360. Read the Bill, Mr. Clerk."

"Senate Bill #1360, a Bill for an Act in relation to Coal Combustion Waste. Second Reading of this 6  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 Senate Bill. Committee Amendment #1 is ruled nongermane. No Floor Amendments. Fiscal Note and State Mandates Note has been requested and filed."

"Third Reading. Senate Bill 1389. Read the Bill, Mr. Clerk."

"Senate Bill #1389, a Bill for an Act in relation to certain land. Second Reading of this Senate Bill. Committee Amendment #1 was adopted. No Floor Amendments. A Land Conveyance Appraisal Note has been filed and a State Mandates Note has been filed on the Bill 'as amended'."

"Third Reading. Senate Bill 1404. Read the Bill, Mr. Clerk."

"Senate Bill 1404, a Bill for an Act in relation to taxes. Second Reading of this Senate Bill. Committee Amendment #1 was ruled nongermane. No Floor Amendments. No Note Requests."

"Third Reading. 1408 Senate Bill. Read the Bill, Mr. Clerk."

"Senate Bill #1408, a Bill for an Act to create the Interstate Ozone Transport Oversight Act. Second Reading of this Senate Bill. Committee Amendment #1 was ruled nongermane. No Floor Amendments. Fiscal Note, State Mandates Note have been requested and filed."

"Third Reading. Senate Bill 1594. Read the Bill, Mr. Clerk."

"Senate Bill #1594, a Bill for an Act that amends the Environmental Barriers Act. Second Reading of this Senate Bill. Committee Amendment #1 was ruled nongermane. No Floor Amendments. Fiscal Note, State Mandates Note has been requested and filed."

"Third Reading. Senate Bill 1645. Read the 7  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Bill, Mr. Clerk."

April 25, 1996 "Senate Bill #1645, a Bill for an Act that amends the Downstate Forest Preserve District Act. Second Reading of this Senate Bill. Committee Amendment #1 was ruled nongermane. No Floor Amendments. State Mandates Note has been requested and filed."

"Third Reading. Senate Bill 1665. Read the Bill, Mr. Clerk."

"Senate Bill #1665, a Bill for an Act relating to life tenants of farmland. Second Reading of this Senate Bill. The Bill has been read a second time previously. Committee Amendments #1 and 2 were ruled nongermane. No Floor Amendments. No Note Requests."

"Third Reading. Senate Bill 1783. Read the Bill, Mr. Clerk."

"Senate Bill #1783, a Bill for an Act that amends the Illinois Human Rights Act. Second Reading of this Senate Bill. Committee Amendment #1 was adopted. No Floor Amendments. Fiscal Note, State Mandates Note, and Judicial Note have been requested and filed."

"Third Reading. Senate Bill 1853. Read the Bill, Mr. Clerk." Clerk McLennand: previously. "Senate Bill #1853 has been read a second time No Committee Amendments. No Floor Amendments. A Fiscal Note and a State Mandates Note have been requested on the Bill and filed."

"Third Reading. Supplemental Calendar

Announcement. Clerk McLennand: "Supplemental Calendar #1 has been distributed."

"Supplemental Calendar #1. Senate Bill Second Reading. Senate Bill 175. Read the Bill, Mr. Clerk."

"Senate Bill #175, a Bill for an Act that amends 8  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day the Unified Code of Corrections. Senate Bill. to Committee. April 25, 1996 Second Reading of this Committee Amendments #1 and 2 were referred No Floor Amendments. No Note Requests."

"Third Reading. Senate Bill 817. Read the Bill, Mr. Clerk."

"Senate Bill #817, a Bill for an Act in relation to fire fighters' license plates. Second Reading of this Senate Bill. Committee Amendment #1 was adopted. No Floor Amendments. Fiscal Note has been filed on the Bill as amended and a State Mandates Note has been requested on the Bill as amended. Both have been filed."

"Third Reading. Senate Bill 1255. Read the Bill, Mr. Clerk."

"Senate Bill #1255, a Bill for an Act that amends the Illinois Pension Code. Second Reading of this Senate Bill. Committee Amendment #1 was adopted. No Floor Amendments. A Pension Impact Note has been requested and filed."

"Third Reading. Senate Bill 1264. Read the Bill, Mr. Clerk."

"Senate Bill #1264, a Bill for an Act concerning Taxes. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Note Requests."

"Third Reading. Senate Bill 1296. Read the Bill, Mr. Clerk."

"Senate Bill #1296, a Bill for an Act that amends the Illinois Controlled Substances Act. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Note Requests."

"Third Reading. Senate Bill 1315."

"Senate Bill #1315, a Bill for an Act that amends the Illinois Vehicle Code. Second Reading of this 9  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Senate Bill. April 25, 1996 Committee Amendment #1 was adopted. No Floor Amendments. Fiscal Note, State Mandates Note have been requested on the Bill as amended and have been filed."

"Third Reading. Senate Bill 1323. Read the Bill, Mr. Clerk."

"Senate Bill #1323, a Bill for an Act that amends the Marriage and Dissolution of Marriage Act. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. A Fiscal Note, a State Mandates Note, Correctional Budget and Impact Note, and Judicial Note have been requested and filed on this Bill."

"Third Reading. Senate Bill 1353. Read the Bill, Mr. Clerk."

"Senate Bill #1353, a Bill for an Act that amends the Rights of Crime Victims and Witnesses Act. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Note requests."

"Third Reading. Senate Bill 1354."

"Senate Bill 1354, a Bill for an Act that amends the Criminal Code of 1961. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Note Requests."

"Third Reading. 1361."

"Senate Bill #1361, a Bill for an Act concerning tax exemption. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Note Requests."

"Third Reading. 1394."

"Senate Bill #1394, a Bill for an Act that amends the Obscene Phone Call Act. Second Reading of this Senate Bill. Committee Amendment #1 was ruled nongermane. No Floor Amendments. No Note Requests." 10  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day

"Third Reading. 1503." April 25, 1996

"Senate Bill #1503, a Bill for an Act that amends the Illinois Income Tax Act. Second Reading of this Senate Bill. Committee Amendment #1 was referred to Rules. No Floor Amendment. No Note Requests."

"Third Reading. 1564."

"Senate Bill #1564, a Bill for an Act that amends the Property Tax Code. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Note Requests."

"Third Reading. 1604."

"Senate Bill #1604, a Bill for an Act that amends the County Jail Act. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Note Requests."

"Third Reading. 1748. Read the Bill, Mr. Clerk."

"Senate Bill #1748, a Bill for an Act that amends the Unified Code of Corrections. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Note Requests."

"Third Reading. 1762."

"Senate Bill #1762, a Bill for an Act concerning the Secretary of State's Powers and Duties. Second Reading of this Senate Bill. Committee Amendment #1 was ruled nongermane. No Floor Amendments. A Fiscal Note has been requested and filed."

"Third Reading. 1764. Read the Bill, Mr. Clerk."

"Senate Bill #1764, a Bill for an Act relating to Motor Vehicles. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. A Fiscal Note 11  120th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 and a State Mandates Note have been requested on the Bill and filed."

"Third Reading. 1769. Read the Bill, Mr. Clerk."

"Senate Bill #1769, a Bill for an Act relating to Vehicle Registration Plates. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. A Fiscal Note and State Mandates Note have been requested on the Bill and filed."

"Third Reading. Senate Bill 1763. Read the Bill, Mr. Clerk."

"Senate Bill #1763, a Bill for an Act concerning the Secretary of State. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. A Fiscal Note has been requested an filed."

"Third Reading. On the order of Third Reading, page 2 of the Calendar appears Senate Bill 1300. Read the Bill, Mr. Clerk."

"Senate Bill #1300, a Bill for an Act that amends the Illinois Vehicle Code. Third Reading of this Senate Bill."

"Representative Meyer."

"Thank you, Mr. Speaker, Ladies and Gentleman of the House. Senate Bill 1300 is a pretty straightforward Bill. It's a follow up Bill to legislation that we passed, I'm sure overwhelmingly, last year. And it deals with requiring...provides that the Department of Transportation signs designating parking for a person with disabilities shall exhibit the words '$100 dollar fine' instead of the '$50 dollar fine' that was previously provided for. It also provides that municipalities shall display signs that are changed and the Department of Municipalities shall 12  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 change the sign to indicate the current amount of the fine. I would appreciate the support of the House in passing this Bill. Too often we see in the designated disability parking places in our communities, cars, that have been driven by people without the disability, being parked there and, of course, you have people who do need to park there and the space is not available. This is a good common sense Bill and I would ask for your support."

"In discussion, the Gentleman from Effingham, Representative Hartke."

"Thank you very much, Mr. Speaker. I stand in support of this legislation for various reasons. But as an individual citizen, as I go around in my community and I see cars that are parked in handicap spots and watch individuals get out of (tell them to turn me up)...as they get out of their parking spots and they're not handicapped in any way, shape, or form it really galls me and I want to do something about it. And this is one way I can. I have some parents that are eighty-four years old. My parents who are very disabled and it hurts them to walk, arthritis and so forth. And when they go and a handicap spot is not available it really aggravates me. But I really appreciate when those spots are left open. So I think that Representative Meyer should be commended for bringing this forward and uping the fine and providing the necessary stickers for communities making that at least available so that we can preserve these spots for handicapped individuals. Thank you."

"Further discussion. Representative Black."

"Thank you very much, Mr. Speaker. My cord is all stopped up here in the computer. Mr. Speaker, will the Gentleman yield?" 13  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day

April 25, 1996 "He indicates he will."

"Thank you. Representative, is this a ...is this pre-empt home rule?"

"Representative Meyer."

"Representative, it does not pre-empt home rule."

"Representative Black.'

"Is it a Mandate?"

"Representative Meyer."

"Representative, it is a Mandate from the standpoint that it will be required that municipalities change the signage. However, for those municipalities that, of course, and we all as tax...as people that are taxpayers and also elected officials, we have to be concerned about the cost of government and the cost of enforcement. And in this case, we do have the provision that there are stickers available for a very nominal fee through the Department of Transportation for four dollars, four and a half dollars, some type of fee like that that is very affordable for communities. The key is to make sure our parking places are designated for people with disabilities are available for them when they need them."

"Representative Black."

"I appreciate your answer, Representative, I think you have a fine Bill. I did have two or three more questions but I've hurt my back and my neck. I'll just pass on that, thank you."

"Further discussion? Being none, Representative Meyer Moves for the passage of Senate Bill 1300. All in favor 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? The Clerk will take the record. On this question there are 14  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 112 'ayes', 0 voting 'no', 0 voting 'present'. having April 25, 1996 This Bill received a Constitutional Majority, is hereby declared passed. Senate Bill 1312. Read the Bill, Mr. Clerk."

"Senate Bill 1312, a Bill for an Act concerning letters of credit. Third Reading of this Senate Bill."

"Representative Lachner."

"Mr. Speaker, Ladies and Gentlemen of the House, I'm joined in Sponsoring this Bill by Representative Lang. This Bill amends the Uniform Commercial Code to revise Article V concerning letters of credit, to conform the Article V rules, the current customs and practices and to accommodate new forms letters of credit, such as the use of electronic media. I'll be happy to answer any questions on this Bill."

"Representative Lang."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, Representative Lachner has worked hard on this particular Bill. It had no opposition in Committee. It's a very technical and detailed Bill. I have personally checked with affected parties, the Bar Associations, the bankers, the community bankers, and they all think this is excellent legislation. It will create model legislation in this state in the area of letters of credit and I would recommend you voting for this."

"Further discussion? Being none, Representative Lachner Moves for the passage of Senate Bill 1312. All those in favor signify by voting 'aye', those 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? Take the record, Mr. Clerk. On this question, there are 112 'aye', 0 voting 'no', 0 voting 15  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 'present'. This Bill having received Majority, is hereby declared passed. Read the Bill, Mr. Clerk."

April 25, 1996 a Constitutional Senate Bill 1402. "Senate Bill 1402, a Bill for an Act amending the Park District Code. Third Reading of this Senate Bill."

"Representative Balthis."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1402 amends the Park District Code. Provides that whenever any property within a park district also lies within the boundaries of a municipality that has established a recreation board and the property is being taxed by both the park district and the municipality for recreational services. Ten percent or more of the legal voters residing within the territory may petition to be disconnected from the park district. It establishes referendum procedures, repeals the provisions in this section on January 1, 1998. Adds a new section addressing park district land outside of boundaries and park district police jurisdiction. It also requires an annexing ordinance be filed in the county where the annexation takes place rather than in each county in which the district lies. I will be happy to try and answer any questions."

"Representative Lang."

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

"He indicates he will."

"Representative, if I'm reading my analysis right, this only affects one community in Illinois. Is that correct?"

"Representative Balthis."

"Yes, Representative, there are four other communities, actually there are five communities, in the state that it potentially could, but they do not have a park department and a park district that coincides SO there is actually 16  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day only one community that it affects, yes."

"Representative Lang." April 25, 1996

"Are there any other communities in the state any place that might need this kind of legislation that would be left out because of the very narrow population limits that you have drafted?"

"Representative Balthis."

"Not to my knowledge. We did some research on it to try to find that, but not to my knowledge."

"Representative Lang."

"But why do we limit it if presumably, Mr. Balthis, if there were other municipalities that wanted this, you would ...it would be alright with you. So why do we just limit it to South Holland, which I think that's who we are talking about? Why don't we take this population limit off and let anybody who can avail themselves of this to do so?"

"Representative Balthis."

"Representative, I would be happy to do that in another Bill. I have no problem with that. I just was trying to solve a concern that was involved in a particular location."

"Representative Lang."

"Can you tell us if there were any opponents to this Bill in Committee either in the House or in the Senate?

"Representative Balthis."

"Representative, the Bill came out of Committee with 9 'yes' votes, 0 'no', 0 'present'."

"Representative Lang."

"Was there any testimony in either Committee against this Bill?"

"Representative Balthis."

"No." 17  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day

"Representative Lang." April 25, 1996

"Well, if it's good enough for all of those people that sit through that Committee, Representative, it's good enough for me, thank you."

"Further discussion. Representative Balthis Moves the passage of Senate Bill 1402. All those in favor 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? Take the record, Mr. Clerk. On this question, there are 112 'ayes', 0 voting 'no', 1 voting 'present'. This Bill having received a Constitutional Majority is hereby declared passed. Senate Bill 1424. read the Bill, Mr. Clerk."

"Senate Bill #1424, a Bill for an Act concerning insurance. Third Reading of this Senate Bill."

"Representative Brady."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill contains in it five provisions relating to insurance. First, it allows insurance companies to include as admitted assets tax credits. It changes the makeup of the Illinois Insurance Exchange. It provides for modifications so that infertility treatment procedures do not apply to a policy or a plan issued by a religious institution or organization. It clarifies that notices shall be given by mail in the case of cancellation of insurance for non-payment reasons. And it provides provisions which do not...which clarify that mandatory insurance laws do not take away an insurance company's right to defense. I ask for your favorable support."

"Representative Lang."

"Thank you. Will the Sponsor yield?" 18  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day

"He indicates he will. in the Chair. Representative Lang." Speaker Johnson, Tim: "Representative Lang, proceed."

"Thank you. Is there something in this Bill regarding...allowing religious organizations to sell insurance coverage?" Speaker Johnson, Tim: "Representative Brady."

"This Bill provides that coverage mandated for infertility treatment procedures does not apply to any policy or plan issued by a religious institution or organization." Speaker Johnson, Tim: "Representative Lang."

"Well, would that be an exception then to the rest of our law that seems to allow for that?" Speaker Johnson, Tim: "Representative Brady. If we could give Representative Brady and Representative Lang your attention, we have a number of caucuses on the House Floor. It's difficult for some people to hear. So if Representative Brady and Lang could have your attention. Representative Brady proceed."

"Representative, there is currently a similar exemption for religious organizations or institutions on what type of insurance they have to provide to their own employees. This just expands it to an organization or institution that offers." Speaker Johnson, Tim: "Representative Lang."

"So you're telling me that the state law today that requires that fertility be covered under all health policies issued in the State of Illinois, is already exempted from these policies?" Speaker Johnson, Tim: "Representative Brady."

"Right now they are exempt from policies issued 'to' and we're just making that policies issued 'from' as well." 19  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Speaker Johnson, Tim: "Representative Lang." April 25, 1996

"Mr. Speaker, I know you're trying to get the level down in here but I can't hear a word Mr. Brady is saying." Speaker Johnson, Tim: "You're right. Representative Lang has raised a good point. If the Members of the Chamber would please give the relevant parties your attention and any unauthorized personnel remove yourselves from the House Floor. It would be easier for all of us to hear and for us to conduct the House business expeditiously. Representative Brady in response. attention."

Please give him your Brady: "Representative, currently there is an exemption for this on policies issued 'to' religious organizations or institutions. We are just expanding that to say as well issued 'by'." Speaker Johnson, Tim: "Representative Lang."

"Well, Sir, this seems to be more than just a slight addition. This is a whole new exemption in the law. Currently the law says, 'that plans issued 'to' a religious institution are exempt', but now you want to add a provision that says 'that policies issued 'by' a religious institution are exempt' which is a wholly completely new area where thousands of insurance policies might be issued and you would be providing thousands of policies where there could be exemptions from this requirement. Is it your intention to slowly chip away at the requirement that requires infertility coverage in Illinois?" Speaker Johnson, Tim: "Representative Brady."

"Absolutely not." Speaker Johnson, Tim: "Representative Lang."

"Well, so why are you doing it here? Why is this in here? What is the purpose for it, Sir? You've made it 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day indicate..." Speaker Johnson, Tim: "Representative Brady." April 25, 1996

"Representative, there are, as you know growing areas of the medical profession which are trying to deal with cost containment particularly in managed care or HMOS. Certain religious organizations who are now trying to help contain medical costs are offering HMOS. What this does is, allows them to continue along the religious beliefs as we have already provided for. As I indicated earlier in the statute, in order to make the environment competitive to maintain level or lower medical costs, we will allow these people to provide health insurance or HMOS without making them go against their religious beliefs. So I think this issue is an effort and has been requested by different religious organizations to contain or reduce the cost of medicine, Representative." Speaker Johnson, Tim: "Representative Lang, your time is drawing to a close. Proceed. Further questions, Representative Lang?"

"Well, to the Bill, Mr. Speaker." Speaker Johnson, Tim: "To the Bill."

"I have no problem with most of this Bill, but this section concerns me. The General Assembly has spent a significant amount of time trying to determine what insurance coverages should be mandated in Illinois and this seems to be an end run. I don't know if some religious group asking for this or some philosophy of government that's asking for this or some insurance company that's asking for this. But infertility coverage has been mandated in Illinois and this is an end run around it and is inappropriate. And I would suggest 'present' or 'no' votes until this is corrected." Speaker Johnson, Tim: "Seeing or hearing no further discussion, 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day the Chair recognizes April 25, 1996 McLean, the Gentleman from Representative Brady to close."

"Thank you, Mr. Speaker and Ladies and Gentlemen. I would disagree with Representative Lang. This Bill passed with 55 votes out of the Senate. It is strictly a consistent move to maintain the policies that this General Assembly indicated it wished in previous legislation and I ask for your favorable vote." Speaker Johnson, Tim: "The question is, 'Shall Senate Bill 1424 pass?' Those in favor vote 'aye', those opposed vote '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 102 voting 'yes', 0 voting 'no', 11 voting 'present'. This Bill having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House (sic-Senate) Bill 1428."

"Senate Bill #1428, a Bill for an Act concerning the abatement of property taxes. Third Reading of this Senate Bill." Speaker Johnson, Tim: "The Chair recognizes the Gentleman from Cook, Representative Balthis. Representative Balthis on the Bill."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1428 amends the Property Tax Code and the Illinois Municipal Code. Grants all municipalities a non-home rule status, the power to offer an abatement of the municipalities property taxes on any property that is subject an annexation agreement between a municipality and the property owner. I'd be happy to try and answer any questions." to Speaker Johnson, Tim: "On the Bill, the Chair recognizes the 22  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 Gentleman from Cook, Representative Lang. Proceed."

"Thank you. Mr. Speaker, before you run the clock, can I ask a question of the Chair?" Speaker Johnson, Tim: "Yes, you may."

"Mr. Speaker, it's come to our attention on this side of the aisle that the microphone level on our side of the aisle is turned down as compared to the microphone level on that side of the aisle. That may explain why very few people can hear us when we're speaking over there. Could I ask you to ask the electrician to check this problem out, Sir?" Speaker Johnson, Tim: "I will certainly do so and I have been indicated by the assistant Clerk that the volume on both sides of the aisle is the same. But I think your point is a good one with respect to volume, generally. If we could give Representative Lang and in this case, Representative Balthis your attention, we could get through with these Bills quicker and everybody could understand what they're voting on. Representative Lang, you have the same volume that we do and you may proceed now."

"Thank you. Some would say I have larger volume than most people without the microphone. At any rate, will the Sponsor yield, Mr. Speaker?" Speaker Johnson, Tim: "He indicates that he will."

"Thank you. Representative, how will this procedure work when the clerk is ordered to abate the taxes and return them, what mechanism will take place to require that?" Speaker Johnson, Tim: "Representative Balthis."

"Representative this would be part of a preannexation agreement. It would be arrived at between supposedly a developer who was going to bring in some jobs, new development into the community. Home Rule communities can 23  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 do this today. They would abate only the local government's tax levy. It has no effect on any other taxing body, the county, the schools, nobody. It simply deals with the local municipality's tax levy." Speaker Johnson, Tim: "Representative Lang."

"But how will the county clerk know to return those taxes? How will they be told?" Speaker Johnson, Tim: "Representative Balthis."

"The municipality would have to do an ordinance, the ordinance will then have to be filed with the county as to the extent of the abatement and the term of the abatement." Speaker Johnson, Tim: "Representative Lang."

"And so they just simply file this ordinance with the county clerk and they say, 'Give us our money,' pretty much. Right?" Speaker Johnson, Tim: "Representative Balthis."

"Yes." Speaker Johnson, Tim: "Representative Lang."

"And these annexation agreements are determined in advance. All of these rules and regulations about how an abatement will take place, when an abatement will take place, is all done in advance so that the municipality need only make sure all the 'i's are dotted, 't's are crossed and then ask for their rebate, their abatement. Is that correct?" Speaker Johnson, Tim: "Representative Balthis."

"Yes." Speaker Johnson, Tim: "Representative Lang."

"Well, I must say I appreciate a Representative on this Floor give simple answers to simple questions. Thank you, Representative." Speaker Johnson, Tim: "Seeing and hearing no further discussion, the Chair recognizes the Gentleman from Cook, 24  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Representative Balthis, to close." April 25, 1996

"Thank you, Mr. Speaker. I would just ask for a favorable vote." Speaker Johnson, Tim: "The Gentleman from Cook, Representative Balthis, has Moved for the passage of Senate Bill 1428. The question is, 'Shall Senate Bill 1428 pass?' Those in favor vote 'aye', those opposed vote '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 lll voting 'yes', O voting 'no', 0 voting 'present'. This Bill having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House (sic-Senate) Bill 1633."

"Senate Bill #1633, a Bill for an Act that amends the Environmental Protection Act. Third Reading of this Senate Bill." Speaker Johnson, Tim: "On the Bill, the Chair recognizes the Gentleman from Jackson, Representative Bost. Representative Bost, proceed."

"Thank you, Mr. Chairman, Members of the House. It's Senate Bill 1633, amends the Environmental Protection Act and exempts certain grain elevators from the construction operating permit requirements and specific emission control requirements. I'd be glad to answer any questions." Speaker Johnson, Tim: "Seeing or hearing no discussion, the Gentleman Moves for the passage of Senate Bill 1633. Those in favor vote 'aye', those opposed vote 'nay'. 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 113 voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill 25  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 1648. I'm sorry, Senate Bill 1648."

"Senate Bill #1648, a Bill for an Act in relation to financial institutions. Third Reading of this Senate Bill." Speaker Johnson, Tim: "The Chair recognizes the Gentleman from Livingston, Representative Rutherford."

"Thank you, Mr.. Speaker, Ladies and Gentleman of the House. Senate Bill 1648 as amended would amend the Illinois Banking Act to eliminate the requirement for the state's banks to publish a statement of condition every three months. There was an Amendment adopted in the Committee that took away any opposition from the any groups that may out there, the Press Association, Illinois Bankers, Community Bankers. I'd appreciate a favorable Roll Call." Speaker Johnson, Tim: "On the Bill, the Chair recognizes the Gentleman from Cook, Representative Lang."

"Thank you, will the Sponsor yield?" Speaker Johnson, Tim: "He indicates he will."

"Thank you. Who am I speaking to? Oh, Representative Rutherford. Hi there, Sir. How are you? Lovely tie you're wearing today. Let me ask you. Who are the proponents of this legislation, Sir?"

"The proponents will be state banks, because today the Congress of the United States has eliminated the quarterly publication of these notices by the U. S. Congress for our National Bank. So what we're trying to do is put them on a level playing field for our state banks. The initial legislation is introduced. It has some concerns by the association, the Press Association, we were 26  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 able to eliminate that by cutting down the part of the statute that was originally in there." Speaker Johnson, Tim: "Representative Lang, further questions?"

"Is the Illinois Bankers' Association and the Community Bankers, are they on board with this?" Speaker Johnson, Tim: "Representative Rutherford."

"Yes, they are." Speaker Johnson, Tim: "Representative Lang."

"Fine Bill, Sir." Speaker Johnson, Tim: "The Chair recognizes the Gentleman from Bureau, Representative Mautino, proceed."

"Thank you, Mr. Speaker. Will the Gentleman yield?" Speaker Johnson, Tim: "He indicates he will."

"Representative, you mentioned the Press Association is no longer in opposition to the Bill. What changes were made as far as the publishing requirements in local media?" Speaker Johnson, Tim: "Representative Rutherford."

"The Amendment changed the fact that as opposed to not having to publish it at all that they would still have to publish it on an annual basis, meaning the end of a close of a fiscal year. So it would still be a publication of once a year as opposed to totally eliminating it like the initial underlying Bill had." Speaker Johnson, Tim: "Representative Mautino."

"And with that, are they now in support of the Bill? Are they neutral on the Bill or have they taken a position?" Speaker Johnson, Tim: "Representative Rutherford."

"You know to be candid, Representative, I'm not sure that they actually follow the slip in as a proponent but I absolutely recall that they did not file a slip in opposition because that was a part of the amendment, in 27  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 putting on this agreement that they would no longer be opposed to it." Speaker Johnson, Tim: "Representative Mautino, further questions? Give the Gentleman your attention. Representative Mautino."

"No further questions." Speaker Johnson, Tim: "Seeing or hearing no further questions, the Gentleman from Livingston, Representative Rutherford, has Moved for the passage of Senate Bill 1648. Those in favor vote 'aye', those opposed vote 'nay'. 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 110 voting 'yes', 1 voting 'no', and 2 voting 'present.'. And this Bill having received a Constitutional Majority is hereby declared passed. Mr. Clerk, read House Bill 1688. Senate Bill 1688."

"Senate Bill 1688, a Bill for an Act amending the Illinois Banking Act. Third Reading of this Senate Bill." Speaker Johnson, Tim: "The Gentleman from Livingston, Representative Rutherford on the Bill."

"Thank you, Mr. Speaker, Ladies and Gentleman of the House. This is a complimentary Bill to the one we just passed in the fact that this would now not require state banks to have to publish the notice of special stockholders meetings. There still retains the requirement that all stockholders of a state bank receive notification of a meeting but it is no longer required to be published in a newspaper. I'd appreciate a favorable Roll Call." Speaker Johnson, Tim: "The Chair recognizes the Gentleman from Madison, Representative Hoffman. And if we could give Representative Hoffman your attention again, it would be 28  120th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 appreciated. Representative Hoffman, proceed."

"Yes, will the  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996

"So there are safeguards that will remain in place to insure that the shareholders have notice of the meetings?" Speaker Johnson, Tim: "Representative Rutherford."

"Absolutely, Representative." Speaker Johnson, Tim: "Representative Hoffman, further?"

"I have nothing further." Speaker Johnson, Tim: "Nothing further. The Chair recognizes the Gentleman Proceed. from Williamson, Representative Woolard. Representative Woolard. Representative Woolard, do you wish to address the Bill of the Sponsor? Representative Woolard. Proceed."

"Sir, I think that we've got a problem with a computer. We're showing House Bills and it's got 1688 but it's showing the House Bill. We can't really get some detail here." Speaker Johnson, Tim: "Well, the board shows Senate Bill 1688. Are you talking about..."

"I realize that, but I depend on this information and it's not here." to get my Speaker Johnson, Tim: "We will certainly examine that issue. No further questions, the Chair recognizes ...no, there is further questions. The Chair recognizes the Gentleman from Bureau, Representative Mautino. Proceed."

"Representative, has ...I apologize. Over the volume in the House, I didn't hear some of the answers on there. Is there any opposition remaining to this legislation?" Speaker Johnson, Tim: "Representative Rutherford. I'd remind the Chamber, today is Thursday, not Friday. So if we can keep the volume down SO everybody can hear these important Bills, I don't want to have to say it again. Representative Rutherford."

"Thank you, Mr. Speaker. No, Representative, there is 30  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day no opposition to this legislation. Proponent slips were filed by the Illinois Bankers' Association and the Community Bankers' Association. The Press Association is not opposed to it but again I can't really recall if they are actually a proponent of the legislation." Speaker Johnson, Tim: "Representative Mautino, further questions."

"And just very quickly, this would not require a published notice anymore, a certified notice? Is that the intent of the legislation?" Speaker Johnson, Tim: "Representative Rutherford."

"The only thing this would do, is eliminate the requirement that they pay for an add running in some publication. All other means of notice, mail and so forth, to the shareholders must continue." Speaker Johnson, Tim: "Representative Mautino."

"No further questions." Speaker Johnson, Tim: "Seeing and hearing no further questions, the Gentleman from Livingston, Representative Rutherford, has Moved for the passage of Senate Bill, Senate Bill 1688. Those In favor vote 'aye', those opposed vote '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 108 voting 'yes', 0 voting 'no', and 5 voting 'present'. And Senate Bill 1688, having received a Constitutional Majority is hereby declared passed. Mr. Clerk, read House Bil...or Senate Bill 1666."

"Senate Bill #1666, a Bill for an Act that amends a Probate Act of 1975." Speaker Johnson, Tim: "Let me just make an inquiry since Representative Woolard has raised the issue. Has the 31  120th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 computer problem been resolved, Representative Woolard? I don't want to do anything that's un toward... He indicates it's been resolved. So the Chair recognizes Representative Mitchell on Senate Bill 1666. Proceed, Representative Winters...or Representative Mitchell."

"Thank you, Mr. Speaker. Senate Bill 1666 amends the Probate Act concerning leases of real estate. It provides that a representative or executor of an estate may continue to lease a farm, the property executed before the representative began his or his duties until the estate is closed, the wardship is terminated, or the lease is ended by court order. The fact that the representative receives profits from the lease, is not a violation of his fiduciary duties. I'd be happy to answer any questions." Speaker Johnson, Tim: "On the Bill, the Chair recognizes the Gentleman from Madison, Representative Hoffman."

"Yes, will the Sponsor yield?" Speaker Johnson, Tim: "He indicates he will."

"Why do we need this Bill, Representative?" Speaker Johnson, Tim: "Representative Mitchell."

"Representative, because of the changing structure of the families, it has changed the situation on the farm. If you were in fact the big brother in a situation, and I was your younger brother, and you were farming the farm as our mom and dad had gotten very old. They passed away and the farm was then left with you as the ...as you being named as the executor. The way the law is written now, you can't receive any profits although it's your money, you put in the crops, you cannot receive the profits from that because I'm out in California and I demand that I should get a share of those profits even though it's your money. This Bill will allow you to go ahead and reap the profits from 32  120th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 your own work and clear up that technical problem." Speaker Johnson, Tim: "Representative Hoffman, further questions?"

"And this is only for...this exemption only goes to family farm leases. No other type of businesses or property, right?" Speaker Johnson, Tim: "Representative Mitchell."

"That's correct." Speaker Johnson, Tim: "Further questions, Representative Hoffman?"

"Yes, I believe that this is a good Bill and I urge an 'aye' vote." Speaker Johnson, Tim: "Seeing or hearing no further debate, Representative Mitchell, the Gentleman from Whiteside Moves for the passage of Senate Bill 1666. Those in favor vote 'aye', those opposed vote '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 Bill there are 112 voting 'yes', 0 voting 'no', 1 voting 'present' and Senate Bill 1666, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1727."

"Senate Bill #1727, a Bill for an Act concerning the safety and security of automated teller machines. Third Reading of this Senate Bill." Speaker Johnson, Tim: "On the Bill, the Chair recognizes the Gentleman from Kendall, Representative Cross on the Bill. Proceed."

"Thank you, Mr. Speaker. Senate Bill 1727 sets some guidelines and parameters with respect to ATM machines and more specifically security around ATMS. It sets some specific parameters in which the ATMs have to have to have 33  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 sufficient lighting around parking areas. It also requires that financial institutions must inform customers of safety precautions when and using ATMS. This has a wide range of support. I believe the Municipal League is opposed to it but the Illinois Association of Chiefs of Police, Bankers' Association, and many other groups are for it. Got out of the Senate 55 to 0. Be glad to answer any questions." Speaker Johnson, Tim: "On the Bill, the Chair recognizes the Gentleman from Madison, Representative Hoffman."

"Yes, will the Sponsor yield?" Speaker Johnson, Tim: "He indicates he will."

"Representative, it's my understanding what we're doing here is we are providing statewide uniform guidelines for the safety of ATM machines." Speaker Johnson, Tim: "Representative Cross."

"That's correct, Representative." Speaker Johnson, Tim: "Representative Hoffman."

"And why do we need to do this?" Speaker Johnson, Tim: "Representative Cross."

"Well, Representative, one of the concepts or the thoughts behind it is ...and this is a Bill that, interestingly enough in many states, the banking community was not in agreement on this concept but in Illinois all of the banking groups came together. And with the idea of branch banking or the concept of branch banking expanding and ATM machines all over the state, the idea was that we ought to have one parameter and one standard of care for all ATMS since a variety of customers use them throughout the state. And because ATM machines are designed by...when they're designed by companies, it gives banks an idea of what they need to have wherever they put them in the state." Speaker Johnson, Tim: "Further questions, Representative Hoffman? 34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 Give Representative Hoffman your attention."

"Yeah, but what we're saying here, we're also preempting Home Rule I believe. Is that correct? So that we will a uniform statute, but no one can make it more strict or less strict? Is that right?" Speaker Johnson, Tim: "Representative Cross."

"Well, they certainly can't make it more strict from a city standpoint. There would be nothing that would prohibit a bank, Representative, from increasing the standard at a local level but from a municipality standpoint, you are accurate." Speaker Johnson, Tim: "Representative Hoffman."

"Well, with regard to the provisions in the Bill, is it a safety concern is the reason why we're doing this, to make sure that these areas are safe for people who come to use the machines? Make sure that they're well lighted SO that we can protect people that use ATM machines. Is that the reason we're doing this?" Speaker Johnson, Tim: "Representative Cross."

"Representative, that's exactly the reason and as I'd said earlier and I didn't get through the whole list. The Illinois Police Association, the Illinois Sheriffs' Association, the Illinois Association of Chiefs of Police all support this Bill wholeheartedly. And for the reason being from a safety standpoint for all the customers that use them. Primarily the parameters center around lighting around ATMS." Speaker Johnson, Tim: "Further questions, Representative."

"Well, just so the Members...I think because it has to be pointed out, I wouldn't be doing my job. There is some opposition to this Bill. I support this Bill. I think it's a good piece of legislation because of what it does. 35  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 I think it provides uniformly throughout the state that we will have standards that make sure the people who utilize these financial...these machines and make financial transactions that way, are kept out of harms way. And I think that that is vitally important. And we're insuring that's going to be done on a statewide basis. But who is opposed to the Bill?" Speaker Johnson, Tim: "Representative Cross."

"Representative, I was in Committee yesterday or Tuesday and I don't recall anyone testifying, someone can correct me if I'm wrong, but testifying in opposition. I do believe the Municipal League is opposed to it because of the preemption of Home Rule. I have not talked to anyone from the Municipal League but I have heard that they are opposed to it." Speaker Johnson, Tim: "Representative Hoffman, further questions. Your time is drawing to a close."

"It is my understanding that that is the only, that is the only reason is because of the preemption of Home Rule. That's at least what I've heard. I think that this is a Bill that ensures the people of this state are safe. Ensures that when they go to use these financial transaction machines that they can do it in safety. That's why I am in favor of it. That's why I'm going to support it and I think that's why the criminal justice agencies also support it. Thank you." Speaker Johnson, Tim: "Thank you, Representative. On the Bill the Chair recognizes the Gentleman from Cook, Representative Balthis. Proceed. Representative Balthis."

"Thank you, Mr. Speaker. Will the Gentleman yield?" Speaker Johnson, Tim: "He indicates he will."

"Representative, in Committee we had some discussion in 36  120th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 regard to zoning and the effect that has on the preemption aspect of this. Could you, for legislative intent, give me your definition of how this affects zoning as this legislation is put forward?" Speaker Johnson, Tim: "Representative Cross."

"Representative, we've talked about this in Committee and I'm talking to the lawyers that have been working on this Bill. It is my understanding and I would say that for purposes of legislative intent that this will not affect zoning from a municipality standpoint. It sets a certain guideline and standards with respect to the lighting but as far as zoning goes, whatever the municipality wants, this Bill does not affect specific actual zoning. Now the guidelines..." Speaker Johnson, Tim: questions."

"Representative Balthis, further "Then it is your understanding that it does not affect the building codes other than just the description of these lights, et cetera?" Speaker Johnson, Tim: "Representative Cross."

"That is my understanding, Representative." Speaker Johnson, Tim: "Further questions, Balthis: Balthis?" Representative "Thank you, I just would remind you that this does preempt Home Rule. I would ask the question how many votes it takes, of the Chair?" Speaker Johnson, Tim: "My ruling is as follows: 'As provided in Section 40, Senate Bill 1727 provides that the regulation of automated teller machines is to be an exclusive power and function of the State of Illinois. According to this Bill, there is a limitation of Home Rule powers under Article VII, Section VI, Subsection h of the Illinois 37  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 Constitution and therefore requires 60 votes for passage.' That's the ruling of the Chair. Representative Balthis."

"Thank you, Mr. Speaker. I just rise in support of the legislation." Speaker Johnson, Tim: "On the Bill, the Chair recognizes the Gentleman from DuPage, Representative Johnson." Johnson, Tom: "Yes, Representative Cross, I appreciate what you're doing with this Bill and I don't think I have any problems with it but I ...just a couple questions." Speaker Johnson, Tim: "He indicates he will yield." Johnson, Tom: "Could a municipality pass stiffer lighting regulations than what is contained in this Bill?" Speaker Johnson, Tim: "Representative Cross."

"My understanding and my reading of the Bill is that they cannot have stricter regulations that would be contradictory to what's in this specific area. Now there may be some areas away from the ATM machine or further away but they can't, they can't go tougher or I said be more restrictive than what's in this Bill." Speaker Johnson, Tim: "Representative Tom Johnson, further questions." Johnson, Tom: "One other question. This limits the liability, obviously, kind of shifting the burden of proof and so on of any civil cases provided they have met these standards. Now is there anything in your Bill that would also mandate that they maintain these lights?" Speaker Johnson, Tim: "Representative Cross."

"Other than, Representative, if you look on page 3 and 4 of the Bill, it gives them the responsibility to provide this lighting which if they're going to be relieved of this standard...if they're not going to have any liability, they're going to have to provide maintenance and keep them 38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 working properly is my reading of the Bill. There's no criminal penalty if you don't follow ...if you don't maintain the Bill but certainly there is some civil liability if you don't meet these specific guidelines, potentially some civil liability." Speaker Johnson, Tim: "Representative Johnson, have you concluded?" Johnson, Tom: "No, just a follow up on that. I don't have the Bill in front of me, Tom. My only concern is this. You shift the burden of proof in a civil case provided they have these lights. Now once I put the lights up, does that burden shift at that point never to shift back again regardless of whether they have a maintenance agreement and maintain these lights or not?" Speaker Johnson, Tim: "Representative Cross."

"Let me just read to you, Tom, the last line of...that I think addresses your question. Substantial compliance with Section XV which is of lighting. 'Of this Act, shall constitute prima facie evidence that an issue or of an access device has provided adequate and reasonable measure for the safety of a customers.'" Speaker Johnson, Tim: "Okay, Representative Johnson, are you concluded? The Chair recognizes the Gentleman from Will, Representative Meyer. Proceed."

"Thank you, Mr. Speaker. Would the Representative yield for ...?" Speaker Johnson, Tim: "He indicates he will. Proceed."

"Representative, I was substituting that Committee when it met yesterday. And one of my concerns, of course, is preempting home rule and where a community may feel that they want to impose a stricter standard on lighting or other types of protection at these facilities. They would 39  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 be prevented from doing so. We've talked fully about the lighting issue but I'd like to ...does this in any way affect the camera, the requirement for a camera that the community might say, indicate?" Speaker Johnson, Tim: "Representative Cross."

"Representative, there is nothing in here dealing with cameras." Speaker Johnson, Tim: "Representative Meyer."

"So, Representative, if in fact there was a problem at one of these ATM facilities and the lighting was following the requirements of the state legislation, then the community may come in and say, 'Okay in order to maintain this facility here, we also, because of the high crime rate at it, we could also require a camera be installed.' This legislation would not prevent that." Speaker Johnson, Tim: "Representative Cross in response."

"Representative, I'm not aware of anything that would prohibit a municipality from taking that step or at least attempting to." Speaker Johnson, Tim: "Representative Meyer, further questions?"

"Representative, would it be your intent as a part of this legislation that would prohibit the community being able to require a camera if they so chose?' Speaker Johnson, Tim: "Representative Cross."

"Well, Representative, that's going to be up to each municipality. It's a fair question and as I said I don't see anything that would prohibit them from doing that but I guess that's up to each municipality how they want to address it. And there's certainly nothing that prohibits a municipality from going to a bank and saying, 'We understand we have some statewide standards, but we think you need more lighting and we wish you'd consider it.' And 40  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 a bank can certainly add additional lighting if they so choose. And certainly if a bank is in a rough area and they don't feel the lighting is sufficient or that they need cameras, they want to keep customers coming to the ATM, they want to make money. So there is nothing that's going to keep them from increasing the lighting or adding three cameras or two. So I think you ask a valid question." Speaker Johnson, Tim: "Representative Meyer, further questions."

"Well, Representative, I appreciate that response. I interpret it to indicate that it is your intent that this has nothing to legislate on the requirement that communities could make in terms of a camera being installed at a location. Certainly I believe, and to the Bill, I believe that we have to walk very carefully. In Committee I voted 'yes' in order to help the Sponsor get the Bill out to the House Floor. I don't know as he ultimately needed that help, but any rate I feel that when you're telling a community that we here at the state level know better than what you know at the local level as to what your law enforcement requirements are, we've assumed a great responsibility. Far greater than what I think maybe we should." Speaker Johnson, Tim: "Your time is coming to a close."

"I would be interested in making sure that the community, only from a lighting standpoint, is restricted and not from any..." Speaker Johnson, Tim: "...Finish your remarks, Representative Meyer."

"Thank you, Mr. Speaker. And not from any other aspect of public safety because it's incumbent on us to realize that we put officers through our communities in harms way at all 41  120th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 times of the day or night. And if we can protect them by cutting down on that crime rate, we have a responsibility to do so. Thank you." Speaker Johnson, Tim: "Thank you, Representative. Hearing and seeing no further discussion, the Chair recognizes the Gentleman from Kendall, Representative Cross to close."

"Thank you, Mr. Speaker. This is a public safety issue, and just a reminder this Bill passed out of the Senate 55 to 0. It has the support of the Illinois Association of Retired Persons, all of the banking community, and all of the law enforcement community. And I'd appreciate a 'yes' vote." Speaker Johnson, Tim: "The Gentleman from Kendall, Representative Cross, has Moved for the passage of Senate Bill 1727. Those in favor vote 'aye'; those opposed vote '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 105 voting 'yes', 2 voting 'no', and 6 voting 'present'. And this Bill having received the required Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1747."

"Senate Bill #1747, a Bill for an Act that amends the Children's Advocacy Center Act. Third Reading of this Senate Bill." Speaker Johnson, Tim: "The Chair recognizes the Gentleman from Cook, Representative Parke on the Bill. Representative Parke, proceed."

"Thank you, Mr. Speaker, Members of the Chamber. Senate Bill 1747 addresses an issue that, for me, personally is of interest and support because about ten years ago on the legislative district I served, we had an unusual amount of 42  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day child abuse being reported. April 25, 1996 And we helped establish Childrens Advocacy Centers in Hanover Park which now has been moved to Hoffman Estates. And in the process of establishing that, we found that DuPage County also had a similar institution of which we modeled ours after. And ultimately passed a law to establish these around the State of Illinois and have had tremendous effects in finding child abuse and reporting it and treating it in a humane manner for the children and an efficient manner for those who perpetrate crimes against our children. This Bill further expands that by allowing Child Advocacy Advisory Boards to establish and may do on a voluntary basis if they choose to, may do physical abuse investigations as expansion of powers. And we think that since they have established this they then will set up a protocol of how to do that. And they will have approval and they will set up an internal commission to review this protocol. I think it's a wonderful idea, something that gives law enforcement agencies and Advocacy Centers a more broad tool to make sure our children are safe and protected in the State of Illinois. So I would ask that the Body support this and I would certainly take any questions asked." Speaker Johnson, Tim: "On Senate Bill 1747, the Chair recognizes the Gentleman from Cook, Representative Dart, proceed."

"Will the Sponsor yield?" Speaker Johnson, Tim: "He indicates he will."

"Representative, we talked about this in Committee. Are there any provisions in here at this time that are going to, that mandate the inclusion of the county states attorneys on this advisory board?" Speaker Johnson, Tim: "Representative Parke."

"As in the conversation we had on this in Committee, 43  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 Representative, there is no stipulation in it but we said that we would certainly take that into advisement as for legislative intent to which I think this might be. We certainly would have no problem with that being a part of the advisory board and would encourage that to happen. It doesn't mean we're excluding it, but we just didn't mention it but we certainly would encourage them to include those people." Speaker Johnson, Tim: "Representative Dart."

"Thank you, I would tend to agree because we talked about this in Committee and the Attorney General was in agreement that the States Attorneys have in the counties have a very unique perspective on things but more importantly they're truly the ones that have been in the trenches. The Attorney General's office does not and has not been the ones to prosecute these cases. The States Attorneys in the different counties have been the ones that do that. And so when it comes to putting together protocols dealing with child abuse, we should definitely include the experts. I would have appreciated if we had included this by the way of an Amendment to make sure that the experts dealing with child abuse were involved with this advisory board. But the assurance of the Attorney General that he would include these people in there, is good enough for me right now. Because it's a dangerous thing to go about dealing with these cases because they are so difficult and so tricky to prove and not to include the States Attorneys from the different counties in this would be very problematic at best, because they're the ones that know how to try these cases. The other thing I was going to ask you is, for the expansion here, where's the funding mechanism?" Speaker Johnson, Tim: "Representative Parke." 44  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day

April 25, 1996 "Thank you. There is no funding mechanism involved in this piece of legislation. However, we know that if they wish to do this, they then can go to the people and ask permission for them to raise taxes to provide the funding for this if that's their choice. They can do it under the current advisory board law. But if it's going to cost more money, because they are expanding their authority and they don't have the money to do so, they either have to raise money as the one in Hoffman Estates does, which I helped them with, fund raisers that they do. And if that's not enough, then they have the responsibility to go to the voters through front door referendum asking permission for the people to raise money for this purpose. Now this has been done in Springfield, which was passed. It was done in Rockford and the first time, it was either not explained properly or was not understood and was failed but the second time it did pass in Rockford. So, to answer your question they have the right to go to referendum if they choose to do so." Speaker Johnson, Tim: "Representative Dart."

"Has there been referendums that have failed in regards to this?" Speaker Johnson, Tim: "Representative Parke."

"I'm sorry, Representative, I was distracted. One more time please." Speaker Johnson, Tim: "Without distraction, Representative Dart."

"Thank you. Have there been referendums for this that have failed when they have put them on the ballot because there are 15 of them? Have any of them failed? And if so, how many times?" Speaker Johnson, Tim: "Representative Parke."

"Do you know I don't know? But I think there were four 45  120th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 communities that asked for it and I think two did fail and two have passed. I'm not positive but they only mentioned in Committee these two that passed." Speaker Johnson, Tim: "Representative Dart."

"Okay, to the Bill. I agree wholeheartedly with what the Sponsor's doing here. The more information we can get to the different people that deal with these type of cases, the better we all will be. My only problem is I do think we ought to have a more secure funding mechanism because we can sit here and pass as many Bills as we want dealing with this issue and talk a great deal about it. But if there is no money attached to it, that's all it is is a bunch of talk. Sure they're allowed referendums but we all know how referendums come and go. And this is something that is of such importance to the children, the most vulnerable ones we have, the victims of these cases that I think that if we were more responsible about this issue, we would probably try to put a much more secure funding mechanism in place and this one does not have it. It is unfortunate we did not decide to address this by putting our money where our mouth is here. But as I said the idea is very good. I'm just hopeful that the different counties that have these programs can come up with the money. Because if they don't come up with the money these programs aren't going to be there and this is nothing but an empty Bill then. For those that can come up with it, it will be excellent. I just wish all of them would be required to do the same thing in regards to this because child abuse is a statewide issue, it's not a regional thing, it's not a county thing. And I think we as a legislative body should be the ones directing the policy and also giving some money to such a worthy cause." 46  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 120th Legislative Day Speaker Johnson, Tim: "On the Bill, the Chair recognizes the point guard from Winnebago, Representative Scott."

"Thank you, the point guard from Champaign. I rise in strong support of Senate Bill 1747. As Representative Parke stated, Winnebago County in Rockford has one of these centers and their referendum did fail the first time. And was brought back the second time when it was explained to the voters just how little money was involved and what the benefits of it were and passed resoundingly the second time. And it's been very successful in Winnebago County. But I agree also with what Representative Dart says. I'm seeing now in Rockford an expansion to try to put everything in one building so that the clients who we're really trying to serve here, the young people who are sexually, and hopefully when this Bill passes, physically abused, have only one place to go where they can be interviewed by everybody that they need to have interview them in one place, at one time, rather than bounce around from counselor to counselor, from building to building. But to try to build a building or renovate a building in Rockford is a very expensive task. So I wholeheartedly support the goals of this particular Bill. Unfortunately there's a tremendous need as there was for sexual abuse when the original Bill and original Act was created. There's a tremendous need for physical abuse cases to be investigated in this same manner. And we should always keep in mind who the primary beneficiaries of this Bill, not only society as a whole but in particular the children that are protected by this. This was the addition of physical abuse cases was the initiative of the States Attorney of Winnebago County. We're finding tremendous success with it in that particular county and I applaud the 47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 Sponsors for bringing this Bill to us. And I, like Representative Dart, would like to urge all the Members of the General Assembly, that rather than rise and fall on referendums which we all know are chancy, I think that this is something we should all come together as a Body and agree is really necessary for all the major counties in the state or all counties in the state that have this unfortunate problem. And I'd like to see us also come up with a stable funding source for it. But I would appreciate everyone supporting this particular Bill." Speaker Johnson, Tim: "The Gentleman from Cook, Representative Parke, has Moved for the passage of Senate Bill 1747. Those in favor vote 'aye', those opposed vote '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 Bill there are 113 voting 'yes'; 0 voting 'no'; 0 voting 'present'. And Senate Bill 1747 having received the required Constitutional Majority, is hereby declared passed. Before we go to the next Bill, the Chair has an announcement. We're joined today by eighth grade students from St. Kiernan's School in Chicago Heights. The students are accompanied by their teacher, Alice O'Brien, and they're the guests of Representative Flo Ciarlo and Representative John Doody. Welcome to Springfield. Mr. Clerk, read Senate Bill 1820."

"Senate Bill 1820, a Bill for an Act amending the Liquor Control Act. Third Reading of this Senate Bill." Speaker Johnson, Tim: "On the Bill, the Chair recognizes the Gentleman from St. Clair, Representative Holbrook. Proceed."

"Thank you, Mr. Speaker. Senate Bill 1810 amends the 48  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 Liquor Control Act and allows for sale, continued sale of liquor in a location in our old convention center in the city of Belleville on Centerville Avenue. There's a banquet facility that's been part of that location since it was built. This will do nothing more than to continue that practice. It takes up almost an entire city block. I want to emphasize that this will not expose any children to any alcohol consumption at all. I know of no organized opposition to this Bill. I've had one phone call on it and after talking to the concerned person on this I think I answered all of her questions to where there was no concern anymore about children being exposed to alcohol. I've had discussions with the Illinois Liquor Commission. They were even willing to put a variance on this. They don't feel this in any way goes around the spirit of the Liquor Control Act. I'd be glad to answer any questions and I wish you would all support it." Speaker Johnson, Tim: "The Chair recognizes the Gentleman from Madison, Representative Stephens."

"Thank you, Mr. Speaker. I simply rise in support of the Gentleman's Motion. Hope we get 'yes' votes on this side of the aisle." Speaker Johnson, Tim: "Seeing and hearing no further discussion, the Gentleman from St. Clair, Representative Holbrook, Moves for the passage of Senate Bill 1820. Those in favor vote 'yes', those opposed vote '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 113 voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill having received a Constitutional Majority is hereby declared passed. The Chair recognizes the Gentleman from Rock Island, 49  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 Representative Brunsvold. For what purpose do you rise?"

"Thank you, Mr. Speaker, for an announcement. Just for the House Members that for the last year we have been living with an embarrassment. We were beaten by the Senate last year in the softball game. We are trying to live this down. We've tried to live it down all year and Tuesday, April 30th we have a chance to redeem ourself and the 61st Annual Peter J. Miller House/Senate softball game will be held again at Lincoln Park and food will be provided. Refreshments brought, starting at 5:00 P.M. Going around now on the Democratic side of the aisle is Representative Bugielski, collecting money for the game. Steve Spangler on the Republican side of the aisle will be collecting money. Please be generous. It goes to charity. We play the game for charity and if you can give a few bucks, please give a few dollars to the cause. So next Tuesday, 5:00 P.M. at the Lincoln Park diamond #1. The House will have a chance to redeem ourself and beat the Senate, hopefully because for over a decade we had total control of the game. We controlled the game and Mr. Turner here in front of me is going to be an outstanding member as well as a lot of Members on both sides of the aisle. This is a House/Senate softball game and please put that on your schedule for next week. Thank you, Mr. Speaker." Speaker Johnson, Tim: "Representative, I presume you're not only playing the game for charity, but to win. Is that correct? Thank you. The Chair recognizes the Gentleman from Madison, Representative Stephens."

"Just to rise in support of attendance of the game and for all of you who have been at practices this spring, the reward for those of you who haven't missed a practice is that you will start. So we appreciate your indulgence." 50  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 Speaker Johnson, Tim: "Mr. Clerk, what is the status of HJRCA 35?"

"House Joint Resolution Constitutional Amendment #35 has been read in full a second time 'as amended'." Speaker Johnson, Tim: "Third Reading. Representative Stephens, we've not had a report this Session on the respective standings in the National League Central between the St. Louis Cardinals and the Chicago Cubs. Who's now leading in that respective pair-up?"

"Mr. Speaker, you have put me on the spot so I can only suppose that history being true that the Cardinals have to have a superior record to the minor league team from Chicago." Speaker Johnson, Tim: "You also know the Speaker and the Speaker would have not called on you had that not been the case."

"Are we talking about the White Sox or the Cubs? The Sox are doing very well. The Cubs are as usual doing average. 10 wins, 10 loses." Speaker Johnson, Tim: "Thank you for that information. Mr. Clerk, read Senate Bill 1773."

"Senate Bill 1773, a Bill for an Act amending the Illinois Marriage and Dissolution of Marriage Act. Third Reading of this Senate Bill." Speaker Johnson, Tim: "For what purpose does the Lady from DuPage, Representative Biggert, arise?"

"Mr. Speaker, the Republicans would request an immediate caucus in Room 114 for approximately one hour." Speaker Johnson, Tim: "Representative Brunsvold, do the Democrats wish a similar caucus?"

"No, Mr. Speaker, we know exactly where we are on this Bill and the Democrats can go to lunch." Speaker Johnson, Tim: "Representative Biggert, will 30 minutes be 51  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day Biggert: sufficient?" "That would be fine, Mr. April 25, 1996 Speaker. Thirty minutes in Room 114 for an immediate caucus." Speaker Johnson, Tim: "Your request is granted and the House stands in recess until the hour of 2:35 P.M." "The House will come to order. The Members will Those not entitled to the Floor Gallery. House Bills, Third Senate Bill 1773. Speaker Daniels: please be in their chairs. will please retire to the Reading. Senate Bills, Third Reading. Read the Bill, Mr. Clerk."

"Senate Bill #31773. A Bill for an Act that amends the Illinois Marriage and Dissolution of Marriage Act. Third Reading of this Senate Bill."

"Representative Johnson." Johnson, Tom: "Yes, thank you Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1773 would add same sex marriages to the list of prohibited marriages in the State of Illinois. As most of you know, Illinois now will only license two people of the opposite sex to get married. However, Illinois recognizes valid marriages that were contracted in other states, unless they are on our own state's prohibited list. It now appears as though the State of Hawaii is on the verge of recognizing marriages between two people of the same sex. It is anticipated that they can do this, as early as this summer. If Illinois law is not changed, so as to add this to the prohibited list, Illinois very well could wind up giving recognition to same sex marriages, granted in the State of Hawaii. I've brought this Bill in order to keep marriage in the State of Illinois the same as it's always been. And to stick to the one man, one woman definition of marriage, that we have all known in this State and all other 50 states of the Union, 52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 until now. I'd be happy to answer any questions."

"The Lady from Cook, Representative Currie."

"Thank you Speaker and Members of the House. I rise in opposition to Senate Bill 1773. It is my belief that it is already against the law for same sex couples to marry in the State of Illinois. And that should, at some far distant time, two years, five years, eight years, some court somewhere or some legislature in another of the 50 states decide that those unions are legitimate in that state, nothing in Illinois law would make this state recognized that union contracted elsewhere. This Bill is unnecessary, if you believe that same sex marriage should not be the public policy of Illinois. For those who think that perhaps we should consider that policy, and I am one who thinks we should. We should do so in a careful, organized, thoughtful and deliberative manner. So why, why if it's already the law, why are we being treated to Senate Bill 1773, in this Session of the Illinois General Assembly. I would argue Speaker and Members of this House, that we are considering this measure now, because now is an election year. Because now, is the opportunity to divide our people. Now, is the opportunity for a wedge issue. One that says, 'it's okay to bash people, who's preferences and proclivities are different from our own. Or different from the majority'. We have seen issues like this used before in election years. In fact two years ago, there were brochures printed and mailed in districts in the State of Illinois, by the Republican Campaign Committee. Brochures that focused on the issues of votes for fair play, for people who are gays and lesbians. Brochures that distorted the record of individual Members of this Assembly. Brochures that thought that what the people of 53  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 this State want is to discriminate, to be mean-minded, to be mean-spirited and to refuse the path of toleration and fairness. I think that thinking is mistaken in 1996. I think the people back home are tired of negativity. They're tired of disunity. They're tired of efforts to divide us. They are interested in public policy outcomes that help to bring us together. You know, in the world, we are trying as a nation to bring peoples together. And yet, we see Senate Bill 1773 in this House, in this election year, as an effort to divide and to make us no longer willing to tolerate one another."

"Excuse me. Excuse me. Members of the House. Both sides of the aisle. Representative Currie."

"We don't need Senate Bill 1773. The law of this State is already perfectly clear. Should anything happen in Hawaii or elsewhere the law of this State would still be perfectly clear. I would say, Speaker and Members of this House, that it is shameful that we are considering this measure now. And I would urge my colleagues, whatever your views, of the appropriateness of marriage between people of the same gender. Whichever way you think on that issue, the only responsible vote is a 'no' or a 'present' vote."

"Representative Feigenholtz."

"Thank you, Mr. Speaker. Ladies and Gentlemen, I rise in strong opposition to this Bill. The message we are sending here to the voters of the State of Illinois is that, 'it's okay to discriminate against people of different sexual orientation'. By singling out gays and lesbian marriages as a union, we are only fueling the flames of hatred, ignorance and intolerance in this state. This Bill says, 'it is okay, okay to discriminate and deny civil and equal rights to minority groups in this society'. 54  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 This Bill is nothing more than a gratuitous attempt by the Christian Coalition to develop direct mail, against targets on the backs of minorities in the State of Illinois. Once again, the Christian Coalition is wagging your tails and cherry picking your morality issues. We're told by the Bill's supporters that we need Legislation to protect ourselves from these kinds of marriages. No, Ladies and Gentlemen of the General Assembly, this is not a marriage protection Bill. It is emphatically, an anti-marriage Bill. Who are you trying to protect? What heterosexuals are you trying to protect? Heterosexual couples don't corner the market on love, Sponsor Johnson. Marriage licenses are not distributed on a first come, first serve basis in the State of Illinois. Everybody in this Body knows this Bill is wrong. But they're afraid to vote against it. But consider the message that we're sending out to the electorate in this state, the already cynical electorate. We are elected in this Chamber to be leaders, not followers. And we have to exercise courage and my colleagues on the other side of the aisle, and I know who I'm talking to, I hope all of the Members on your side of the aisle will get up and speak against this Bill. And I ask Mr. Johnson to take this Bill out of the Record. The 12,000 letters that were delivered here to every Member of the General Assembly, just for your information, not all of those people live in my district. They live all over the State of Illinois. They live in Murphysboro, Collinsville, Gurnee. They were written by members of the clergy, parents of gays and lesbians in the State of Illinois, your neighbors. Senator Fitzgerald and Tom Johnson are doing for the Democrats of Illinois what Pat Buchanan and Pat Robertson did for the Democrats before the 1992 Republican 55  120th Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 Convention. They are teaching the game of subtraction. They are teaching the game of division. The Democrats lost this Chamber two years ago by 2500 votes. There are 12,000 letters sitting on the desks of the State Representatives in this state. You do the math. Vote 'no'."

"The Lady from Cook, Representative Ronen."

"Thank you Speaker. I rise in strong, strong opposition to this Bill. In a session that's been characterized by mean spirits and cynical political maneuvers, we've reached a new low today. The only purpose of this Bill is to create a a climate of hatred and anger. As Representative Currie said, 'it's the ultimate political wedge issue'. Let's just be very clear about what we're doing. Let's not have any illusions. This Bill is not being offered now because there is any state that has legalized gay marriages. Any action anticipated in Hawaii is at least two years away. We all understand that. The Republican leadership in the House knows that. The nonpartisan Legislative Research Unit has made that very clear. So why are we rushing to get something on the books? There is one reason and one reason alone. The real purpose of this Bill is to create an issue that can be used in November elections. The crafty leaders of the Republican party in Illinois, believe that the way to win elections, is to stir people up. Appeal to their insecurities. Make them fearful. Their view of reality is driven almost soley by the rhetoric of the 'radical right'. But their view of the world is warped. It's old. It out of date. It's filled with bigotry and an ugly brand of moral rectitude that says, 'I'm right, you're wrong.' If you don't think as I do what you think is wrong. The issue of same sex marriage is not an easy one. It's complex and it's difficult. But 56  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 rather than give an open and honest hearing the Republican leadership in Illinois chooses instead to grandstand and play the basest form of politics. They do this because they belive that that's the only way they can win elections. Since this state shamefully still allows persons to be denied jobs and housing based on their sexual orientation, same sex marriage is not on anyone's legislative agenda this year. Yet today we act as if such a Bill or movement towards a Bill were imminent. And then we use that falsehood to further inflame and discriminate against another minority. So all we're really talking about today is cynical, political posturing. What makes today's actions so heinous, is that what we're doing is at the expense of peoples' lives and at the expense of people just trying to live their lives. Think about what you are saying by voting 'yes'. Think what you're afraid of. What you're trying to stop is two people choosing to make a commitment to one another, to love one another. If that sounds dangerous or scary or wrong to you, perhaps it's you who need to reassess your position. Shouldn't we be more concerned in this Chamber with ending hatred and violence against one another? Shouldn't we be more focussed on the violence that is being committed in to many traditional marriages? Shouldn't we be more concerned with ending hatred than putting forth barriers to love? Today the proponents of this Bill will likely have their way. It's not difficult to trample on the rights of those less powerful. So, you should take no joy in passing this Bill of hatred. And please don't delude yourself, to think that you are doing God's work. I would remind you that a long list of clergy and religious groups have forcefully spoken out against this Bill. And please don't sell short the 57  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 people we all represent. Don't believe they can't see through this ugly ploy. The people of Illinois, the people of this country, are by and large fair-minded. When given the choice they will choose compassion over conflict. They will choose love over hate. And to Members here, who decry the terrible political process that makes them vote for this terrible measure, it's good for us all to remember that we have a great deal to do with creating this climate, we so freely criticize. There comes a time that we have to stop using that as an excuse for voting for Bills we understand are bad public policy and Bills that can cause harm to other people. So today, I'm asking you to say 'no' to hatred. Say 'no' to bigotry. Say 'no' to political ploys. Vote 'no' on this Bill."

"Representative Schakowsky."

"Thank you Mr. Speaker and Ladies and Gentlemen of the House. I would like to read into the record the letter that was sent by members of the clergy to Members of this Legislative Body. Lest there be the assumption in some people's minds that the religious position, somehow, would be to vote in favor of Senate Bill 1773. It says, 'Dear Governor Edgar, Speaker Daniels, President Phillip and Members of the Legislature, as individual clergy and religious leaders we urge you to oppose Senate Bill 1773, which is an unwarranted attack on Illinois gay and lesbian citizens and their families. The real and immediate impact of SB 1773 is to foster a climate of intolerance and hatred against lesbian and gay people. As religious leaders we are deeply worried about the harmful effect such divisive measures have in our communities,' and it goes on it says, 'we urge you to reject Senate Bill 1773'. And it is signed by members of the clergy. Jews, Methodists, Baptists, 58  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day April 25, 1996 United Church of Christ, Episcopalians, Buddists. From every corner of the State of Illinois. From Springfield and Decatur, Wheeling and Naperville, from Rockford and Palatine, Park Forest, Peoria, Macomb, Bloomington, Princeton, Illinois and Hinsdale. Every neighborhood in the City of Chicago, religious leaders speak out against this Legislation. We spend a lot of time here talking about family values. And today we are aiming a piece of Legislation at people who's only crime it is, is that they want to create a family. They want to make a long-term commitment to one another. They want to take responsibility for each other in sickness or in health. They want to declare openly and with the sanction of our society, their love for each other. We need to spend our time legislating against violence, working against hatred. We want to spend our time fighting hate, not fighting love. I urge a 'no' vote."

"Further discussion? Being none Representative Johnson to close." Johnson, Tom: "Yes, Mr. Speaker and Member's of the House, I've listened to the statements that have been made. I for one have not brought this Bill to bash anybody. It is not those who, in fact, support two sex marriages as a cornerstone for family, who have brought this forward. What has been brought forward here, is the actions of some, to in fact, change the public policy of this state and many other states, that have held the two sex marriages are in fact the cornerstone of families in our society. That is who brought this attack. Now, all I am saying here today, and I agree with what one of the Representatives said, 'that maybe it's time for a full-fledged debate on this issue. That somebody should in fact maybe bring a Bill in 59  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day this Session to propose'..."

April 25, 1996 "Excuse me. Ladies and Gentlemen of the House. Mr. Photographer, could you hold off on that until we finish with this debate please?" Johnson, Tom: "...'to propose a change in the marriage statute'. That would be a straight up, sort of proposition. But I believe as a Legislator and Representative, aside from the ultimate issue, which I believe that same sex marriage is not good public policy. Even were we to have that debate, we should have it, but we should not permit any other state in this Union, through actions it may or may not take, determine such a fundamental policy for the State of Illinois. That is reserved to each of us. No matter how comfortable or uncomfortable it is. I urge an 'aye' vote on this. If you believe that same sex marriage is a good thing and should be our public policy then vote 'no' on this Bill. If you believe that through the centuries of history and through our own history in the State of Illinois that there is compelling interest in our public policy to have two sex marriages for our children and the propagation of our children and you want that to continue and not have some other state decide it for us, then I urge an 'aye' vote. So with that Mr. Speaker, I would urge an 'aye' vote on this and thank you for your time."

"Representative Johnson has moved for the passage of Senate Bill 1773. All those in favor signify by voting 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? Take the record Mr. Clerk. On this question there are 87 'aye'; 13 voting 'no'; 6 voting 'present'. This Bill having received a Constitutional Majority is hereby declared 60  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 25, 1996 120th Legislative Day passed. Representative Cross."

"Mr. Speaker, as you're aware, the Fiscal Note Act applies only on its face to Bills. Accordingly I move that the Fiscal Note request is not applicable to House Joint Resolution Constitutional Amendment #36."

"The Gentleman has moved to declare the Fiscal Note Act inapplicable as to House Joint Resolution Constitution Amendment #36. All those in favor of the motion will signify by saying 'aye'; opposed 'no'. The 'ayes' have it. And in the opinion of the Chair the 'ayes' have it and Fiscal Note Act is held inapplicable to HJRCA #36. Any announcements Mr. Clerk?"

"No announcements, Mr. Speaker."

"Representative Churchill now Moves that the House stand adjourned until Friday April 26, 1996 at the hour of 11 a.m. All those in favor signify by saying 'aye'; opposed 'nay'. In the opinion of the Chair the 'ayes' have it. In allowing Perfunctory time for the Clerk the House now stands adjourned until Friday April 26, 1996, at the hour of 11 a.m." 61  REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 25, 1996 97/04/03 15:03:52 HB-1360 SECOND READING PAGE 6 SB-0175 SECOND READING PAGE 8 SB-0817 SECOND READING PAGE 9 SB-1255 SECOND READING PAGE 9 SB-1264 SECOND READING PAGE 9 SB-1266 SECOND READING PAGE 6 SB-1296 SECOND READING PAGE 9 SB-1300 THIRD READING PAGE 12 SB-1312 THIRD READING PAGE 15 SB-1315 SECOND READING PAGE 9 SB-1323 SECOND READING PAGE 10 SB-1353 SECOND READING PAGE 10 SB-1354 SECOND READING PAGE 10 SB-1360 SECOND READING PAGE 6 SB-1361 SECOND READING PAGE 10 SB-1389 SECOND READING PAGE 7 SB-1394 SECOND READING PAGE 10 SB-1402 THIRD READING PAGE 16 SB-1404 SECOND READING PAGE 7 SB-1408 SECOND READING PAGE 7 SB-1424 THIRD READING PAGE 18 SB-1428 THIRD READING PAGE 22 SB-1503 SECOND READING PAGE 11 SB-1564 SECOND READING PAGE 11 SB-1594 SECOND READING PAGE 7 SB-1604 SECOND READING PAGE 11 SB-1633 THIRD READING PAGE 25 SB-1645 SECOND READING PAGE 7 SB-1648 THIRD READING PAGE 26 SB-1665 SECOND READING PAGE 8 SB-1666 THIRD READING PAGE 31 SB-1688 THIRD READING PAGE 28 SB-1727 THIRD READING PAGE 33 SB-1747 THIRD READING PAGE 42 SB-1748 SECOND READING PAGE 11 SB-1762 SECOND READING PAGE 11 SB-1763 SECOND READING PAGE 12 SB-1764 SECOND READING PAGE 11 SB-1769 SECOND READING PAGE 12 SB-1773 THIRD READING PAGE 51 SB-1783 SECOND READING PAGE 8 SB-1820 THIRD READING PAGE 48 SB-1853 SECOND READING PAGE 8 *HJR-0035 SECOND READING PAGE 51 *HJR-0035 RESOLUTION OFFERED PAGE 5 SJR-0071 FILED PAGE 4 SJR-0097 FILED PAGE 4 SUBJECT MATTER HOUSE TO ORDER PAGE 1 SPEAKER DANIELS IN THE CHAIR PAGE 1 PRAYER RABBI KURTZ PAGE 1 PLEDGE OF ALLEGIANCE REPRESENTATIVE GASH PAGE 3 ROLL CALL FOR ATTENDANCE PAGE 3 SUPPLEMENTAL CALENDAR #1 PAGE 8 REPRESENTATIVE TIM JOHNSON IN THE CHAIR PAGE 19 SPEAKER DANIELS IN THE CHAIR PAGE 52 HOUSE ADJOURNED PAGE 61 HOUSE PERFUNCTORY SESSION PAGE 61 HOUSE PERFUNCTORY SESSION ADJOURNED PAGE 61 IMMACULATE CONCEPTION SCHOOL PAGE 3 ST. KIERNAN'S SCHOOL 8TH GRADERS PAGE 48