November 20, 1996 "The House will be in order. The Members will be in their chairs. Speaker Daniels in the Chair. The Chaplain for today is Reverend Mark Hine of St. Paul's Evangelical Lutheran Church in Lockport. Reverend Hine is the guest of Speaker Daniels. Guests in the gallery may wish to rise for the invocation. Reverend."
"We pray. Lord God, heavenly Father, we give You and You alone all thanks and praise, all glory and honor for all that we have through Your Son, our Savior Jesus Christ. We thank You, Lord, for this day and we rejoice that Your mercies are new every morning, that for the times we have failed You, failed to keep Your holy and immutable word and will, the times we have failed to properly serve Your people, that there is forgiveness, that there is mercy and grace, amazing grace in and through Christ Jesus, and that with each new day we have are given a fresh start, a new beginning filled with new opportunities to serve You and our constituents. Oh Lord, by Your Holy Spirit give us wisdom from on high to govern and guide this great state in ways that are best and most beneficial for all people, for men, women and children of every walk of life, of every race and ethnic origin who have made Illinois their home. To that end, dear Father, give us a sharp conscience to always know the difference between right and wrong, good and evil, not by the world standards, but by Your holy right and righteous standards instead. Give us a soft heart, a caring heart, an open heart to feel what our people feel and to be receptive to their needs. Lord, we pray for the intestinal fortitude, yes, the guts to sometimes, many times, make tough decisions, unpopular decisions, to stand up for what we believe and what this country was founded upon, to resist taking the easy way 1 142nd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 20, 1996 out, to do all things for the benefit of Your people today and for generations to come. Finally, dear Lord, keep us mindful that someday soon we will all stand before Your throne, to give an account of all that we did or failed to do in this lifetime as Representatives, servants and leaders of Your people. May we, may each and every one of us, at that time hear the words, 'Well done, thou good and faithful servant'. To that end, we begin this day, to that end in Jesus' name, we pray. Amen."
"Be led in the Pledge of Allegiance by Representative Clayton."
"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 any excused absences."
"Thank you, Speaker. Please let the record reflect that Representative Blagojevich is excused because of official business and Representative Martinez is also excused, and please let the record show that yesterday's record should also have reflected that information."
"Thank you. And the record will so reflect. Representative... Representative Stephens is recognized on the Republican side of the aisle for any excused absences."
"Mr. Speaker, all the Republicans are here and ready to do the state's business."
"Thank you and the record will so reflect. Take the record, Mr. Clerk. There are 116 Members answering the Roll and a quorum is present and the House will now come to order. Introduction of Bills." 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day
November 20, 1996 "Introduction and First Reading of House Bills. House Bill #3766, offered by Representative Madigan, a Bill for an Act to amend the General Obligation Bond Act. House Bill #3767, offered by Representative Madigan, a Bill for an Act regarding appropriations. Introduction and First Reading of these House Bills. These Bills are referred to the Rules Committee."
"The House will come to order. Members of the House, we are now going to move to the order of the memorial service in honor of Joseph Cardinal Bernardin. We will need to suspend Rule 3-6(a) in order to provide for immediate consideration of the Resolution, which is House Resolution 157. And Representative Churchill requests leave of the House to suspend Rule 3-6(a) to provide for the immediate consideration of House Resolution 157 in memory of the late Cardinal Bernardin. Is there leave? Leave is granted. And the House does suspend Rule 3-6(a) to provide for the immediate consideration of House Resolution 157. Mr. Clerk, read the Resolution. Ladies and Gentlemen, this is the Resolution, please. This is the Resolution in honor of the late Joseph Cardinal Bernardin. Mr. Clerk."
"House Resolution #157, offered by Speaker Daniels. Whereas, Members of the House of Representatives, the City of Chicago, and Catholics everywhere are deeply saddened by the death of Joseph Cardinal Bernardin; and WHEREAS, Joseph Cardinal Bernardin, a native of Columbia, South Carolina, received a bachelor's degree from Saint Mary's Seminary, Baltimore; he later attended the Catholic University of America and received a master's degree in education; and WHEREAS, Cardinal Bernardin was ordained in 1952 for the Diocese of Charleston, South Carolina, where 3 142nd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 20, 1996 he served as parish priest, Chancellor, and Vicar General; and WHEREAS, Cardinal Bernardin was appointed Auxiliary Bishop of Atlanta in 1966 by Pope Paul VI; he became Archbishop of Cincinnati in November, 1972, where he served for nearly 10 years; and WHEREAS, Cardinal Bernardin was appointed Archbishop of Chicago by Pope Paul II on July 10, 19... Pope John Paul II on July 10, 1982; he was elevated to the Sacred College of Cardinals in January, 1983; and WHEREAS, Cardinal Bernardin served on numerous committees for both the National Conference of Catholic Bishops and the United States Catholic Conference; he was Chairman of the National Conference of Catholic Bishops (NCCB) Committee on Marriage and Family Life and Chairman of the Ad Hoc Committee on War and Peace; and WHEREAS, The Cardinal was also Chancellor of the Catholic Church Extension Society and the University of St. Mary of the Lake; he served as Chairman of the Board of Trustees of the Catholic University of America, and Chairman of the President's National Advisory Council, University of South Carolina; and WHEREAS, Cardinal Bernardin has received many accolades, including numerous honorary doctorates from colleges and universities in the United States and Europe; and WHEREAS, On September 9, 1996, President Clinton awarded Cardinal Bernardin the Presidential Medal of Freedom, the nation's highest civilian honor bestowed on individuals who have made important contributions to their communities and the nation; and WHEREAS, The City of Chicago and the State of Illinois have lost a great leader; and WHEREAS, His leadership helped unite the Catholic Community of Chicago; his work touched the lives of many and served as a beacon of hope for people of all faiths; he was a philanthropist and advocate for numerous causes; and 4 142nd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DÉBATE November 20, 1996 WHEREAS, Joseph Cardinal Bernardin continued to uplift and inspire us even after being diagnosed with cancer; and WHEREAS, Cardinal Bernardin has begun a new life and he will be deeply missed by all those who knew him and heard of his works on earth; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mark the passing of Joseph Cardinal Bernardin with remembrance of all that he has done and that we extend our heartfelt condolences to his friends and loved ones; and be it further RESOLVED, That suitable copies of this resolution be presented to his family and to the Archdiocese of Chicago to commemorate Joseph Cardinal Bernardin."
"Father Lance will now give us the invocation. Father."
"Even to the blessed who hunger and thirst for You, dear God, how insearchable Your judgements, how inscrutable Your ways. In all our daily rounds and in the meandering that is each life, you embrace us in ways we cannot see to scrutinize. You wrap us round and round in a mercy that is beyond our poor hearts knowing and that everlasting mercy remember now Your servant Joseph and receive the living sacrifice that his body, that is his great spirit. We, the Church, give You thanks for our brother in baptism, our bishop and our pastor. We embrace him in these ways. Let this be for him a measure of peace and for us a fullness of sweet hope. Let our embrace be strong with that every...with that very strength that builds up this Church, our country, our world. Now may he rest in peace for with this Church, he trusted in You. Let him rejoice that in Your unsearchable ways, the Church and the world that he has served will journey on, loving each other as best we 5 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 can, loving the world as You, dear God, have loved it and singing praise to You through Jesus Christ, who is Lord for ever and ever. Amen. There are many thoughts shared over the days about Cardinal Bernardin, and will continue to be shared, but something that just touched me appeared in the Chicago Tribune on Sunday. It was written by Eric Zorn and it was entitled, 'The Lasting Lesson from Bernardin on Leading our Lives'. And I just want to read a very short paragraph from that. 'The abundance of stories told about Cardinal Bernardin in the wake of his passage that illustrates just this virtue in him has been striking. He has time for little people. He showed his care about them and went out of his way over and over when he didn't have to. These endless anecdotes give life to author G.K. Chesterson's observation and I quote that 'The really great man is the man who makes every man feel great.' You may not be as gifted or as fortunate as Bernardin, and you may never have even a tenth of his influence or renown, but a good reputation is not a gift, nor is it won by chance. It's something anyone can earn and the only worthy thing anyone can keep.' The remainder of this is that... The reminder of this is the last and perhaps most important lesson ever taught by Joseph Bernardin."
"Thank you, Father Lance. You may be seated now. On the Resolution, Representative Murphy." Murphy, M.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the General Assembly. Yesterday, we eulogized two of our own that were leaders and we talked about all of the legislative accomplishments that they were known for, but also about them personally. While thousands are gathered in Cook County mourning the death of this wonderful, peaceable man, we are assembled here today, and we are 6 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 proud to pay homage to our brother, Joseph. Cardinal Bernardin was a renowned leader, not only renowned in our nation, but beyond, but also in our state, our city and our County of Cook. And why is that? He was a man of humble beginnings. And having had an education meeting this morning, I think it matters to note that Cardinal Bernardin attended both Catholic and public schools. So he was a product of both Catholic and public schools, and he was trained for the seminary in Maryland. He was ordained in Columbia. He served in Atlanta and Cincinnati. And from 1982 on, he called Chicago home. And he asked his flock to call him 'brother'. When you read the litany of all the different things he did within the confines of our Church hierarchy, it is no wonder that this learned man went very far and earned the respect of his peers and his colleagues. But since his illness, and particularly since his passing, it seems that it does us well to remember him from the human side. Cause there's this very big human hurdle we're all going to face one day, and that is death. And to witness this man's deliberate facing of such a tragedy with the humility and candor that he exhibited, still touching and reaching out to an officer in Chicago who had had his face shot off, dealing with the young man from my village of Evergreen Park whose mother was very ill. He put a human face to the suffering that goes on day after day in hospital wards throughout our state. Let's look at this also through the eyes of those of us that serve the public, because he served the public. How many of us could have endured the humility of a public scandal, of false accusations, and then very publicly forgiven their accuser? This was a man of great stature that as he moved through us, moved through life, moved through the flock and beyond, 7 142nd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 20, 1996 he kept showing what a regular person he was. He was also a man that his mother would be proud of. He passed away on his mother's birthday, we know. And I can speak as a mom, that I was very privileged in my home parish of Queen of Martyrs when Cardinal Joseph Bernardin did the honors for my eldest born son's First Confirmation. And you know what? It was a very hot afternoon, and of course, it was in May. And of course, there was no air conditioning. And everyone was loosening their ties because, oh my goodness, the Cardinal was late. He was a little late. But he was SO apologetic when he arrived. And guess where he had been? He had been visiting his mother, who had been hospitalized. So time after time, he still took time out for his mom. He took time out for his flock. And he also took on some very heated battles. And he was known as a conciliator. As all of you who read, and many of you who are not Catholic know, we don't always agree in our church. And his latest battle, and his latest conclusion was to try to have a conclusion to some conciliation that needed to be done in our Tribunal and in our faith. But again, he was the type of good board member that drew people out. He was a good delegator. He was able to pick the best of the best. And most importantly, he was able to listen. We will miss our brother Joseph very much. And we certainly pray to God and to those that are in power to choose can send us someone even half as good as him. He will be sorely missed. Thank you."
"Representative Currie."
"Thank you, Speaker and Members of the House. We welcome the opportunity to join in the celebration of the life of Joseph Cardinal Bernardin, and I know that every Member of this House shares with me the appreciation that we all have 8 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 as Chicagoans, as Illinoisans, for the 14 good years he walked among us. When Cardinal Bernardin came to the Chicago Archdiocese, the church was facing troubled times. The clergy was fractious; the flock was falling away. Financial difficulties were dire. The Cardinal, then the Archbishop, met first with his clergy, and he said, 'I am Joseph, your brother.' He met with the flock and he said, 'I am Joseph, your brother.' His control over the sea, over the archdiocese was not the traditional hierarchical program that many associate with the Catholic Church and its long history. He was not a Cardinal who came in and laid down the law. He was a Cardinal who understood how important it is to build consensus, how important it is to deal with people in a reasoned, gentle, conciliatory tone. He did much good work for the Catholic Church in Chicago and in the state. He did other wonders across the world, and he worked very hard at building up relationships across faiths, not just was he concerned about Catholics in the Catholic Church, but a beginning and growing dialogue with people of other faiths, Jewish, Muslim, Protestant. He showed us how to live a life of grace and he showed us how to die with grace. We are grateful we had the opportunity that he walked among us, and we wish him everlasting peace."
"Representative Saviano."
"Thank you, Mr. Speaker. As a Catholic member of a parish in the Chicago land area all of my life, I think we were truly blessed to have a man of the Cardinal's caliber, especially in this day and age where we're searching for our values, trying to reorganize our priorities and family lives and our political lives and just day to day living. The Cardinal always was the example of stability, and those 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 sort of values, in our spiritual beliefs. He... I think the best word to describe him from day one until the day he died was his unselfishness. He really would put himself, and at times his reputation on the line, to intervene in different crises that affected the...not only affected the archdiocese, but affected his flock in general. And that's something I think that we, as elected officials, in the political arena sometimes we walk away because we're afraid of getting involved in a crisis. I think he gave us an example of well, we have a duty to be there, to represent our people and do what is right, whether it is going to affect us negatively, but we're...we get involved. So I'd like to say that he's truly going to be missed. Our Catholic Church over the last 14 years truly has been blessed. He has really been an example for everybody. Representative Currie brought up the way he dealt with other faiths. I think that alone in itself, the way he reached out, the last couple of weeks we've watched on television different Rabbis and Protestant Church leaders who talked from their heart and with affection towards the Cardinal. I think that's a great tribute to him, because we know that in life there's politics everywhere, and I think he probably was the ultimate politician. And we would wish him well, and God bless him. Thank you."
"Representative Phelps."
"(Sings) Oh Lord, my God, when I in awesome wonder, consider all the worlds Thy hands have made, I see the stars. I hear the rolling thunder Thy path throughout the universe display. Then sings my soul, my Saviour God, to Thee, how great Thou art, how great Thou art. Then sings my soul, my Savior God, to Thee, how great Thou art, how great Thou art. When Christ shall come with shouts of 10 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 acclamation and take us home, what joy shall fill my heart. Then I shall bow in humble adoration and there proclaim, my God, how great Thou art. Then sings my soul, my Savior God, to Thee. How great Thou art, how great Thou art. Then sings my soul, my Savior God, to Thee. How great Thou art, how great Thou art."
"Members of the House will please rise for one minute of silent prayers So in your own way, you may celebrate the life of Joseph Cardinal Bernardin. Representative Churchill now moves that all Members of the House be added to the Resolution and moves for the adoption of the same. All those in favor of the adoption of House Resolution 157 please signify by saying 'aye'; opposed 'no'. The 'ayes' have it. House Resolution 157 is now adopted. Thank you. Mr. Clerk, on page 3 of the Calendar under the items Amendatory Veto Motions appears House Bill 1645. Representative Bost."
"Thank you, Mr. Speaker. I move to accept the Governor's suggested recommendation for change with respect to House Bill 1645."
"Is there any discussion? Representative Dart."
"Will the Sponsor yield?"
"Indicates he will."
"Representative, can you explain to us what the Bill does and what the Governor's changes does to it?"
"Representative Bost."
"Yes, Representative. The Bill itself was the Bill we passed that allowed the Homestead Exemption Act to be claimed when there's been a catastrophic event that has destroyed a home. And there was a whole list of different events, if you remember the legislation. One of the things it did do, it gave it four year time period to claim that 11 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 this new exemption, or rebuild, this... The language the Governor wants to put in is to make it a two year time period, because it was in that Bill that we wanted to encourage people to build back, and so it brought it down to two years. Also, they kind of...they're wanting to change around the...and remove mine subsidence from the catastrophic events and also flooded areas. And the reason for that is because we're wanting to make sure that we come back with language maybe later, at a later date, but not in this Bill, that we don't want to encourage people to build their homes back on a place where the mines could still subside more or in a floodplain."
"Representative Dart."
"So, I agree with that concept and encourage them not to build on, for example, a floodplain. So you're saying, you've removed language that would have allowed for that, but you don't have a prohibition against that yet. You're working on that, is that it?"
"Representative Bost."
"The way the language is to be changed is to make sure that they do not receive a homestead exemption for rebuilding in those locations. For instance, in a floodplain, we are making sure that they can still fall under the national insurance, flood insurance, if they are in an area where they can't get that insurance, they can't build."
"Representative Dart."
"Just SO I'm clear then, for individuals who are on a floodplain, will they not be in this Bill any longer?"
"Representative Bost."
"If the home was destroyed in a floodplain, and that floodplain is no longer insured by the federal insurance, they will no longer receive...be encouraged or be able to 12 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 receive this exemption."
"Representative Dart."
"Do we have any idea on the number of people that will now be cut out of this Bill as a result of that though?"
"Representative Bost."
"I don't think there can be anyone cut out of the Bill, because before there was no law permitting them to receive those again."
"Representative Dart.
"Let me just...Let me try it this way then. You've contracted the Bill as it originally was. Do you have an idea of the number of people that are now going to be excluded?"
"Representative Bost."
"Okay, there's about 114 communities that are...that cannot participate in the floodplain insurance right now."
"Representative Dart."
"So there'd be approximately 114 communities that this Bill would not affect then?"
"Representative Bost."
"That is correct."
"Representative Dart."
"And finally, is there a price tag on any revenue that would be lost as a result of this Bill?"
"Representative Bost."
"It would depend strictly on, you know, the catastrophic event, the amount of homes affected and everything like that. So, no, there's no..."
"Representative Dart is done. Representative Holbrook."
"Thank you, Mr. Speaker. I rise on a point of personal privilege. We're being visited today by the eighth grade 13 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 class from Cathedral Grade School from Belleville, Illinois, and their teacher, Debby Hoffman. I just wanted to announce that. Thank you, Mr. Speaker."
"You're welcome. Representative Lang."
"Hi. Will the Sponsor yield?"
"Indicates he will."
"Thank you. Representative, I'm curious about a quote from the Governor's Veto Message. Maybe you can tell me what he means by this. It says, 'We have learned from experience that structures built or rebuilt in floodplains will be flooded again.' Now didn't we all know that? Why did he put that in his Veto Message?"
"Representative Bost."
"Representative, I can't answer for the Governor why he put that particular part in the letter, but I would assume for those people that didn't already know that, now they know."
"Representative Lang."
"Well, thank you. I assume that this was not news to you, that if something...if something was flooded and is in a floodplain, it could possibly flood again. I mean, you knew that, right? Okay. So, let me ask you this. Relative to the Governor's change of a four year time frame to two years, was this something that was under discussion before you passed the Bill originally?"
"Representative Bost."
"The original language was four years and at the time I presented the Bill, we were not discussing that, no, but it was suggested by the Governor's Office, the two years, and I'm very acceptable of that, because the idea of the legislation was to encourage people to build back as soon as possible."
"Representative Lang." 14 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996
"Does the two year present any problem? Will some people who have difficulty putting the contractors together, et cetera, have a problem meeting that two year deadline and does the home have to be completed within that two years?"
"Representative Bost."
"There shouldn't be a problem."
"Representative Lang."
"Well, I know there shouldn't be a problem, but I'm asking you if there is going to be a problem. If somebody...If it takes somebody, let's say a year to contract to do the home, and then there's another flood, and then it takes awhile for the ground to be buildable, and now the construction takes place, but it crosses over that two year period. Does...do we lose the purpose of your Bill or does the construction have to be completed within that two year period?"
"Representative Bost."
"The language is it must be rebuilt in two years. I can't think of an incident where it could...a home could not be rebuilt in two years."
"Representative Lang."
"Are there any exemptions built in here for folks who,. perhaps they have trouble with a contractor, perhaps the contractor's people went out on strike. There's all kinds of reasons that a home that would be...or a structure that would be contemplated to be rebuilt by a given date would not meet that deadline. And what provisions have been made in this legislation regarding that?"
"Representative Bost."
"There are no exemptions in this Bill to that. And we had to set a deadline and two years would be plenty of time to rebuild in almost any situation." 15 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day
"Thank you. "Representative Lang." November 20, 1996 Representative, I'm going to vote for your Motion, and I was not just simply giving you a hard time today. I think this is an issue that could at some point come into play, and I would encourage you in the Spring Session to look at legislation to correct this change, or at least put some exemptions into this...into this law that will take care of the problem the Governor has created here. I think he's created a problem, but I'm going to vote for this. Thank you."
"Representative Hartke."
"Yes, will the Sponsor yield?"
"Indicates he will."
"Representative Bost, I vaguely remember this Bill a little bit from the earlier session. We talk about this and homes that are flooded and so forth, and this is an exception to allow a tax exemption right on the cost of the assessed evaluation of the home that was destroyed. If they have insurance, and the insurance pays for this new home, and they build it again in the floodplain, will that exemption still go into effect?"
"Representative Bost." "Representative Hartke, if that home is built in a floodplain that is an insured floodplain, okay, if the federal insurance is, you know, maybe there's a levy built up that they qualify for the federal insurance, then they will be able to receive that exemption. They will not be if that is a floodplain that is uninsured through the Federal Government."
"Representative Hartke." "So the home built in an area that is not...or that is in a floodplain that is not insured or protected by a levy, if 16 142nd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 20, 1996 they build it there in spite of it being in a floodplain, will they still receive that tax exemption?"
"Representative Bost."
"No, they would not receive it if it is not insured in that flood."
"Representative Hartke."
"So that, your exemption then would not apply to those type of homes?"
"Representative Bost."
"It would not apply to those homes. It would be built there."
"Representative Hartke. Anything else? Nothing else. The question is, 'Shall the House accept the Governor's specific recommendation for change, with respect to House Bill 1645?' All those in favor signify by voting 'aye'; opposed by voting 'nay'. 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 Motion, there are 113 'ayes', none voting 'no' and this Bill having received the required Constitutional Majority, the Motion passes and the House accepts the Governor's specific recommendations for change regarding House Bill 1645. House Bill 2406, Representative Wirsing."
"Thank you, Mr. Speaker. I move to accept the specific recommendations of the Governor as to House Bill 2406 in manner and form as follows."
"Do you want to explain the changes."
"House Bill 2406 basically had three issues in it, but the one that the changes are made in is relative to the University of Illinois at Chicago campus and the development of the 30 acres of land that is owned and 17 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day adjacent to the campus. As the Bill was November 20, 1996 passed, it gave the University at Chicago the overseeing a little different approach on developing that 30 acres. The...What the Amendatory Veto does is changes...there was a...What we thought was not a quicktake aspect in the legislation turns out that shortly after it was...went through the legislative process, that in fact the quicktake was in it. That has now been taken out, because that was a concern to myself as a Sponsor as well as others. We didn't want that in there, so that was taken out under the Amendatory Veto. It also puts states more definitively, how any dollars generated from...whether it's joint leasing process or contractual agreements with private companies in developing that 30 acres, any dollars generated off there would go into a fund. Those funds could be used for demolition or some preparation work of the site. The oversight of those dollars are the normal oversight practices for any university under that situation. Those are some of the basic changes that were made in the Amendatory Veto of this House Bill 2406."
"You've heard the Gentleman's discussion. Is there any...anyone seeking recognition? With no one seeking recognition, Representative Black in the Chair. The question is, 'Shall the House accept the Governor's specific recommendation for change, with respect to House Bill 2406?' All those in favor signify by voting 'aye'; all those opposed signify by voting 'nay'. The voting is open. This is final action. Have all voted who wish? Have all Clerk, take the record. On this Motion, there are 114 voting 'aye', none voting 'nay', 1 voting 'present' and having received the required Constitutional Majority, the 18 142nd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 20, 1996 Motion passes and the House accepts the Governor's specific recommendation for change regarding House Bill 2406. On page 3 of the Calendar, same order of business, appears House Bill 2579. And on that, Representative Burke."
"Thank you, Speaker. I move that the House do concur with the Governor's Amendatory Veto on House Bill 2579."
"You heard the Gentleman's Motion. Is there any discussion? On the Gentleman's Motion, the Gentleman from Cook, Representative Lang."
"Thank you, Mr. Speaker. Will the Sponsor yield for a question?"
"He indicates he will."
"Thank you. Representative, can you... Representative, can you tell us what the underlying Bill did and what the change is?"
"Representative Burke."
"Yes, Representative, this Bill deals with the issue of an alternative medical test which would utilize computers to diagnose certain conditions related to the operation of the heart. And in this instance, Mercy Hospital has undertaken a program called, 'Quality Stress Analysis', and it would be a preventive health screening tool in simply the state in this legislation would acknowledge the benefits of that particular screening and give it certain consideration with respect to remuneration for the patient who has undertaken the test."
"Representative Lang."
"And so if I understand this correctly, the Governor took a language, which was in your Bill, a specific test and made it a more general tes...a more general category that does pretty much the same thing. And that's alright with you; it's fine." 19 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day
"Representative Burke." November 20, 1996
"Absolutely correct, Representative, and we have no argument with the Governor's move on this matter. Thank you."
"Representative Lang."
"With no one seeking recognition, the Chair will recognize Representative Burke to close."
"Thank you, Speaker. It's a very simple matter and again, I would ask the Body's favorable consideration on the Motion to accept the Governor's Amendatory Veto, and I'd ask for the Body's favorable consideration."
"The question is, 'Shall the House accept the Governor's specific recommendations for change with respect to House Bill 2579. All those in favor signify by voting 'aye'; opposed signify by voting '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 Motion, there are 116 'ayes', none voting 'nay', and having received the required Constitutional Majority, the Motion passes and the House accepts the Governor's specific recommendation for change regarding House Bill 2579. On page 3 of the Calendar, on the same order of business, appears House Bill 2621. And on that, the Lady from DuPage, Representative Biggert."
"Thank you, Mr. Speaker. I would move to accept the Governor's Amendatory Veto on House Bill 2621. I'd be happy to answer any questions."
"You've heard the Lady's Motion. And on that, is there any discussion? With no one seeking recognition, Representative Biggert, to close."
"Thank you, Mr. Speaker. The language of the Amendatory Veto is to clarify with the language that was in the Bill, 20 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 technicalities. And I would move approval."
"The question is, 'Shall the House accept the Governor's specific recommendation for change with respect to House Bill 2621?' All in favor signify by voting 'aye'; opposed voting 'nay'. 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 Motion, 116 voting 'aye', none voting 'nay', none voting 'present' and having received the required Constitutional Majority, the Motion passes and the House accepts the Governor's specific recommendations for change regarding House Bill 2621. On page 3 of the Calendar, same order of business, appears House Bill 2626. The Gentleman from Cook, Representative Saviano."
"Thank you, Mr. Speaker. I would move to accept the Governor's Amendatory Veto on House Bill 2626. This was the Bill which cleared up the locksmith language, which we incorporated into the Private Security -- Private Alarm Act. At that time, we found out that we needed some legislation to prohibit locksmiths from carrying weapons. We passed the Bill. There was a flaw in it, and what this Amendatory Veto does is clarify the language and makes it...puts it into constitutional light. Thank you."
"You've heard the Gentleman's Motion. And on that, the Gentleman from Cook, Representative Lang, is recognized."
"Thank you. Will the Sponsor yield?"
"He indicates he will."
"Representative, was this just an inadvertent error in the original drafting of the Bill or did you leave these people out for a reason?"
"Representative Saviano." 21 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996
"It was inadvertent and this just cleans it up."
"Representative Lang."
"Well, it's not just a clean up. You are adding a category of people here that can carry firearms, so it's not inadvertent. I mean it is a change from...from the original Bill to what the Governor is doing, correct?"
"Representative Saviano."
"What it does is it specifically states who may carry a firearm under the Act. Where before, it was implied that locksmiths could also carry guns. This makes it more specific."
"Representative Lang."
"Well, that's what the original Bill did, but now the Governor has talked about security forces, armed security forces. The law already allowed for them to carry guns, did it not?"
"Representative Saviano."
"That is true, but when we incorporated the locksmiths into the Private Security -- Private Alarm Act, there became a discrepancy in there. This just explicitly states who can, so it differentiates from the locksmiths itself."
"Representative Lang."
"Well, I'm prepared to support this, but I do have one further question. Doesn't this go beyond the power that we've given the Governor in the Constitution? Isn't this drafting new legislation, adding a new category in this Bill? Does he have the right to do this, Representative?"
"Representative Saviano."
"Under the previous Act, businesses who have their own private security forces had an implied...had implied authorization to do what this language specifically states. This is truly just a clean way of explicitly stating what 22 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 their authority is under the Act. It's not adding anything. They were able to do it before, but now it's explicitly stated in the new Act."
"Representative Lang."
"Well, I would recommend 'aye' votes on this. I would just merely say that over and over again in my years here, we've seen this Governor and the prior Governor use the Amendatory Veto to go way beyond his authority, even where...even where the Governor makes changes we like. Where the Governor rewrites legislation or the Governor adds categories, or the Governor makes wholesale changes, the Governor is violating the Constitution and going way beyond the power the Constitution gives him to make these Amendatory Vetoes. And I'm going to vote for this, but I think we ought to take a very hard look at the use and abuse of the Amendatory Veto power by this Governor. Thank you."
"Further discussion? The Gentleman from Effingham, Representative Hartke."
"Well, thank you very much, Mr. Speaker. I want to compliment the speaker on not answering the question that was asked by Mr. Lang. He did a very fine job, but I agree with Mr. Lang."
"With no one now seeking recognition, the Gentleman from Cook, Representative Saviano, to close."
"Yes, I would ask that we accept the Governor's Amendatory Veto. Thank you."
"The question is, 'Shall the House accept the Governor's specific recommendations for change with respect to House Bill 2626?' All those in favor will signify by voting 'aye'; opposed signify by voting 'nay'. Voting is open. This is final action. Have all voted who wish? 23 142nd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 20, 1996 Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Motion, 115 voting 'aye', none voting 'nay' and none voting 'present', and having received the required Constitutional Majority, the Motion passes and the House accepts the Governor's specific recommendations for change regarding House Bill 2626. Same order of business, page 3 of the Calendar appears House Bill 2658. Representative Durkin."
"Thank you, Mr. Speaker. I move that this House accept the Governor's recommendation for change to House Bill 2658. The Governor's recommendation merely clarifies what the intent, which I laid out in committee and the floor, which preserves his executive authority under this Bill."
"You've heard the Gentleman's Motion. And on that, is there any discussion? With no one seeking recognition, Representative Durkin, to close."
"I would ask for a favorable vote."
"The question is, 'Shall the House accept the Governor's specific recommendation for change with respect to House Bill 2658?' All those in favor signify by voting 'aye'; opposed vote 'nay'. 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 Motion, 112 voting 'aye', 1 voting 'nay', 3 voting 'present' and having received the required Constitutional Majority, the Motion passes and the House accepts the Governor's specific recommendation for change regarding House Bill 2658."
"Representative Wojcik in the Chair. On page 3 of the Calendar under Amendatory Veto Motions appears House Bill 3193. Excuse me, 2809. Representative Moffitt."
"Thank you, Madam Speaker, Ladies and Gentlemen of the 24 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 House. House Bill 2809 had four provisions in it, and I move that we accept the Governor's Amendatory Veto on House Bill 2809. Just real briefly, it had four provisions. One, that for purposes of contiguous as far as townships' assessment districts that any...if they touch at any point, including a corner, that was satisfactory. Second, that the county would no longer need to publish if the taxes on leased property were more than ten years old. Third, that clears some clean up language regarding scavenger sales, and there's some question, and this clears it up. The treasurers were in support of this, that if your scavenger sale, their taxes are delinquent for two or more years, that includes the current year, including the current year was the major issue. And fourth, that after ten years, taxes paid under protest, if there's been no further legal action, that they can be distributed. The Governor's Amendatory Veto dealt just with the publication on the lease property, and his clarification was that it would apply only to government owned property."
"Is there any discussion? The Gentleman from Bureau, Representative Mautino, is recognized."
"Thank you, Madam Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative Moffitt, could you explain with a little more detail about the provision relating to the scavenger sale? I couldn't hear you over some of the...some of the noise within the House chambers."
"Representative Moffitt."
"Yes, Representative, this puts in statute what is generally the practice regarding scavenger sales. And that is that to go to a scavenger sale, the property has to be delinquent for two or more years, including the current tax 25 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 year. The statute is basically silent on that, although that is general practice. This is simply putting in statute what I think pretty much all counties do, and county treasurers were in favor so that it clarifies what they are actually...have been doing as a matter of practice."
"Representative Mautino."
"Is this in response to... I believe it was last year, we had passed some changes in the scavenger sale, which created problems for the counties in the...basically requiring them to get counsel in the event of a tax sale. I know there is a court case, which is currently going on in Putnam County specifically for interpretation of what we did regarding scavenger sales last year. Is that what you're attempting to address here?"
"Representative Moffitt."
"Representative, this was not in response to any court case. This was in response to current county treasurers just to put in law what has been general practice. And it was not in response to any court case or any pending legal activity."
"Is there any further discussion? Any further discussion? No further discussion, the Chair recognizes Representative Moffitt to close."
"Thank you, Madam Speaker. Again, I would just ask for a favorable vote on the Amendatory Veto. I think it clarifies that in the portion that it deals with is just so that on leasehold agreements, that these do not continue to have to be published, but that that applies only to government owned property. Thank you."
"The question is, 'Shall the House accept the Governor's specific recommendations for change with respect 26 142nd Legislative Day STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE November 20, 1996 to Senate Bill 2809... House Bill 2809?' All those in favor signify by voting 'aye'; all those...signify by voting 'nay'. The vote 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 Motion, there are 112... Representative Johnson has requested to vote 'aye'. It's... On this Motion, there are 112 'ayes', no 'nays', none voting 'present' and having received the required Constitutional Majority, the Motion passes and the House accepts the Governor's specific recommendations for change regarding House Bill 2809. Representative Johnson, for what purpose do you seek recognition?" Johnson, Tim: "My switch didn't seem to be functioning properly. Could the record show I would've voted 'yes' on the last Roll Call."
"Thank you. Announcements, Mr. Clerk."
"The Rules Committee will meet at the call of the Chair."
"Representative Ryder now moves that the House stand adjourned until Thursday, November 20th (sic - 21st), 1996, at the hour of 10:00 a.m. All those in favor signify by saying 'aye'; opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. And allowing for perfunctory time for the Clerk, the House now stands adjourned until Tuesday, November...Thursday, November 20th (sic - 21st) at the hour of 10:00 a.m."
"The House Perfunctory Session will be in order. Introduction of Resolutions. House Joint Resolution #139, offered by Representative Deering. House Joint Resolution #136, offered by Representative Brunsvold. And House Resolution #158, offered by Representative Lopez. These Resolutions are referred to the Rules Committee. Being no 27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 142nd Legislative Day November 20, 1996 Further business, the House Perfunctory Session stands adjourned, and the House will reconvene in full Session at 10:00 a.m. on Thursday, November 21st." 28 REPORT: TIFLDAY PAGE: 001 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX NOVEMBER 20, 1996 97/03/10 15:15:00 HB-1645 VETO ACTION PAGE 11 HB-2406 VETO ACTION PAGE 17 HB-2579 VETO ACTION PAGE 19 HB-2621 VETO ACTION PAGE 20 HB-2626 VETO ACTION PAGE 21 HB-2658 VETO ACTION PAGE 24 HB-2809 VETO ACTION PAGE 24 HB-3766 FIRST READING PAGE 3 HB-3767 FIRST READING PAGE 3 HR-0157 ADOPTED PAGE 11 HR-0157 RESOLUTION OFFERED PAGE 3 HR-0158 RESOLUTION OFFERED PAGE 27 HJR-0136 RESOLUTION OFFERED PAGE 27 HJR-0139 RESOLUTION OFFERED PAGE 27 SUBJECT MATTER HOUSE TO ORDER PAGE 1 SPEAKER DANIELS IN THE CHAIR PAGE 1 PRAYER REVEREND HINE PAGE 1 PLEDGE OF ALLEGIANCE REPRESENTATIVE CLAYTON PAGE 2 ROLL CALL FOR ATTENDANCE PAGE 2 INVOCATION FATHER LANCE PAGE 5 HOUSE ADJOURNED PAGE 27 HOUSE PERFUNCTORY SESSION PAGE 27 HOUSE PERFUNCTORY SESSION ADJOURNED PAGE 28 GUEST CATHEDRAL GRADE SCHOOL PAGE 13