STATE OF ILLINOIS 86th GENERAL ASSEMBLY HQUSE OF … · 2007-02-28 · STATE OF ILLINOI S 8 6th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRI PTION DEBATE 143rd Legi slat ive

STATE OF ILLINOIS86th GENERAL ASSEMBLY

HQUSE OF RBPRESENTATIVESTRAVSCRIPTION DEBATE

143rd Legislative Day November l5, 1990

Speaker Breslin: RLadies and Gentlemen , the hour of 10:00 o'clock

havin: arrived, the House will come to order. I would ask

Members to be at your seats . The Chaplain for todayvo.The

Chaplain for today is Pastor Wesley Hougsted. He is from

the Brookfield United Methodist Church in Brookfield,

Illinois. He is the çuest of Representative Zickus . We

invite our guests in the gallery to rise and join us for

the invocation.'

Pastor Houqsted) ''Let us pray. Oh God, what a wonderful day we

have been given. We say with the psalmist, 'This is the

day the Lord has made.! We will rejoice and be glad. We

invoke Your presence. We trust Your living kord . We seek

to be led by Your teacbinqs. oh God , as Your servants

enter into these deliberations, may Xour word be a useful

guide. May we be motivated by goodness and lover not greed

and manipulation. May we see clearly our oWn sin and

weakness and not be quick to judge the actions of others

without first reflecting on our own. Oh God, enable us to

be understanding, forthright and forgiving. Let us not be

swayed by cheap rhetoric, but give each one here a sense of

discernment and insite that is creative and growth

producing. May We reflect Your love for those who are

lonely, disenfranchised: jobless and depres:ed. May we

sinq the song of a Redeemer who lives, who cares, who hurts

with us and rejoices vith us. May Xour programs, Oh Lord,

be carried out above party and personality, beyond time and

circumstances for the good of May we pcssess a faith

that goes forward singing in the rain , knowinq thaE all

things work toqether for good to those who love You . May

we know a faith that is triumphant against al1 odds. May

we know, oh God, a kind oi courage that was shown a

Judge like Debörah, a kind oi wisdom that was modeled in a

STATE OF 1 LLI NOI S:6th GENERKL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRI PTION DEBATE

113rd Legi slat ive Day November 15 , l 99O

Kin: l ike Solomon . Jesus spoke of salt and l ight . Enable

each one here , oh Lord : to season relat ionships with ïove

and wi th truth . And we do ask , oh God , that you would qive

our Pres i dent and the world leader s guidance i n f ormed by

mercy in Your Divine di rect ives . We pray that the c r i si s

in the Middle East wi l l soon be resolved , that we may s inq

a new song of tr i umph to the Lord . Forgive us f or 1ac k of

f a i th , f or f ooli sh pr ide , for mi strust and undue s i nic i sm .

Save us f rom major ing in self -interest , jealousy or f ear

and help us to sew seeds of k i ndness , compassion and

conf ldence . May we wi th Your help respond to the needs of

brothers and s i sters wherever they are today , who look to

us f or leadership and hope . May ve be l nst ruments of Your

peace . Di sturb us , oh God , wi th Your divine Grace that we

may accompl i sh the goals set bef ore us to the Glory of Your

name , our Saviour and Redeemer . Amen . ''

Spea ker Bresl i n : ''Representat i ve Z ic kus , would you lead us i n the

Pledqe , please . ''

Z ic kus - et a 1 : '' I pledge a lle: iance to the f lag of the Un i ted

States of Amer ica , and to the Republ ic f or which i t stands ,

one nat ion under God , indivi sible , wi th l iberty and just ice

f or a l l . ''

Speaker Breslin : ''Ro1l Call f or Attendance . 1 s Representat ive

Maut i no i n the chambe r ? Representat ive Maut i no .

Representat ive McGann , ar e there any excused absenc e s? ''

McGann : ''Thank you , Madam Speaker , today , November the l 5th , the

excused absences are Representat ive Gigl io , Representat ive

Pre ston , Representat ive Mat i jev i ch and Representat i ve

Shi r 1ey Jone s . ''

Speaker Bres li n : ''Thank you . Represen tat i ve Pie l . ''

Piel : ''Yes , Madam Speaker , will the record show Representat ive

Barnes i s excused today . n

Spea ker Bresl i n $ 'rThan k you . One hundred and thi r teen answer i ng

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STATE OF ILLINOI S8 6th GENERAL ASSEMBLY

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143rd Legi slat ive Day November 15 , 1990

the Roll Call , a quorum i s present . Supplemental Calendar

announcement . ''

Cler k O ' Br ien : ''Supplemental Ca lendar # l i s be i ng di st r i buted . 1.

Speaker Bresl in : ''Representat ive Giorqi , f or what reason do you

seek recogn i t i on ? ''

Gi org i : ''Madam Spea ker , two reasons . One i s to suspend post i nq

requi rements to hear House Bi 11 2030 and Senate Bi 11 1098

in Rules Commi ttee and f or permi ssion f or the Rules

Commi ttee to meet whi le the House i s in Sess ion . And I ' d

l i ke the Rules Commi ttee to a ssemble immediately . ''

Speaker Breslin : ''You have hear the Gentleman ' s Mot ion . On the

quest ion p i s there any di scussion? There be ing none , the

Mot ion i s granted . Excuse me , Representat ive Black , f or

what reason do you seek recogn i t i on ? ''

Black : ''Thank you very much , Madam Speaker . Supplemental

Calendar has been out about f our minutes and I ' m not sure

why the Gentleman i s aski ng thi s , maybe he could enl i ghten

us . I don ' t think any oi this has been discussed with this

s ide of the a i sle , and would apprec iate some

en l i ghtenment a s to where we are go i ng w i th thi s . ''

Spea ke r Bresl i n $ '' I 1 11 get bac k to you . Representat i ve Gi org i i s

recogn i zed to restate h i s Mot i on . ''

Giorgi : l'Madam Speaker , that tbe House Rules Commi ttee be allowed

to meet whi le the House i s in Session . ''

Speaker Breslln : ''The Gentleman has moved that the House Rules

Commi ttee be allowed to meet whi le the House i s in Sess ion .

I s there any di scuss ion or object ion to that ? Hear ing

none , the House Rules Commi ttee Wi 11 meet immediately in

the Speaker ' s Con f erence Room . We would ask Republ ican and

Democrat ic Members of the Rules Commi ttee to go immediately

to the Speaker ' s Conf erence Room f or a very short Rules

Ccmllli ttee meet ing . And Whi le . . .whi le that i s gcing on ,

ve ' 11 do the Aqreed Resolut tons , Mr . Clerk . Again : Rules

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HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE


Committee Members, please go to the Speaker's Conference

Room ïmmediately. This is a day we'd like to go home , 6o

let's get our work doneo''

Clerk O'Brlen: ''House Resolution 2319, Delaegher; 2320, Bob

Olson; 2321, Morrow; 2322, Kubik; 22...2323, Kubik; 2324,

Brunsvold; 2325, Bugielski; 2326, Novak; 2327, Delaegher;

2329, Stephens: 2330, Stephens; 2334: Currie; 2335, Curriel

2336, Frederick; 2337, B. Pedersen; 2338, Harris; 2339,

Harris; 2340, Harris; 2341, Harris; 2314, Woolard; 2345,

Novak; 2346, Matijevich; 2347, Weaver; 2349, Petka; 2350,

Delaegher; 2351, Dedaegher; 2252, Delaegher; 2253 (sic

- 2353), Delaegher; 2354, Delaegher; 2355, Delaegher; 2356,

Hultgren; 2357, Hultgren; 2358, Brunsvold; 2360, Ropp;

2361, Petkaz 2362, Stange; 2363: Johnson; 2364, Cullerton;

2365, Hoffman; 2366, Delaegher; 2367, Kulas; and 2368,

Hultgren.''

Speaker Breslin: ''Representative Giorgi moves the adoption of the

Agreed Resolutions. A1l those favor say 'aye', opposed

'no'. In the opinion of the Chair, the 'ayes' have it and

the Agreed Resolutions are adopted. Joint Resoluticns.''

Clerk O'Brien: ''House Joint Resolution 149 , Novak; 150, Ryder;

151, B. Pedersen; 152, Kubik; 153, Deuchler; 154,

Deuchler; 155, Churchill.''

Speaker Breslln: f'Representative Giorgi moves the adoption of the

Joint Resolutions. All those in favor say 'aye', opposed

'no'. ln the opinion of the Chair, the 'ayes' have it.

The Joint Resolutions are adopted. Death Resolutionso''

clerk O'arien: œHouse Resolutlon 2328, Countryman, with respect

to the memory of Francis Mays; House Resolution 2332,

Speaker Madigan, with respect to the memory of Phyllis

Last) House Retolution 2342, ànthony Young, with respect to

the memory of Melvin Graves; House Resolutlon 2343 ,

Woolard, wlth regpect to the memory of James W. Sanders;

1

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HOUSE OF RZPRESENTATIVESTRANSCRTPTION DESATE

143rd Leqislative Day November l5, 1990 I

i

IHouse Resolution 2348, Shaw, with respect to the memory of !

lJacqueline 0. McEntee; and Senate Joint Resolution 213: I

t

Munizzi, with respect to the memory of Antoinette 'Tonka' 1Scalise.''

Speaker Breslin: ''Representative Gtorît moves the adoption of the

Death Resolutions. All those in favor say 'aye', opposed

'no '. Jn the opinion of the Chair, the 'ayes' have it.

The Death Resolutions are adopted . Committee Reportsw''

Clerk O'Brfen: ''The Committee on Rules has met pursuant to Rule

29(c)3, the iollowin: Bills have been ruled exempt on

November l5, 19901 Senate Bills /1086, 1310 and 1316,

signed Representative Steczo.''

Speaker Breslin: ''Ladies and Gentlemen, on page 3 on your

Calendar under Conference Committee Reports appears Senate

Bill 2239. Representative Mautino is recognized to present

the Conference Committee Report.p

Mauttno: ''Thank you very much , Madam Speaker. Senate B#ll 2239

has basically 1 Amendments. It left the House as a shell

Bill and it came back to us with 1 provisions included in

that Conference Committee Report. Number 1, the àmendments

that were adopted and the proposed chanqes are as follovs:

The Vehicle Code currently establishes weight limitations

for trucks operating on state highways. There ls a

provision in here that grants an exemption because of a

situation that occurred in Rockford, lllinois, where a

sewer cleaning truck owned by the sanitary district in

Rockf ord was t icketed f or overwe ight violat ions . These

Amendments . . .tHi.s KmenGment would add thl. s type of vehic le

to the wei ght exempt ion provi sions . That ' s one item . That

i s a f i retruck and a sewer clean ing t ruck that would be

exempted f rom that current veight class i f icat ion .

Secondly , the àmendment by Representat ive Sant iago , Which

provides f or school bus dr ivers ' appl icants in Chicago .

5

STATB OF ILLINOIS86th GBNERAL ASSEMBLY



shall conform to a national fingerprint background check et 'I

cetera, administered by DSP. There are guidelines that are I

included with this provision for checking the backgrounds 'I

of bus drivers. Item /3 in that Conference Committee I

IReport provides that municipalities and counties may(

contract with school boards, hospitals, shopping centers, 1

and apartment complexes to regulate traffic. It allows t

municipalities and counties to reach an agreement with

local churches for the regulation of traffic and parking

prcblems. The fourth item establishes a new fund within

the State Treasury called the Vehicle Recycling Fund . lt

authorizes the Secretary of State to make a $20 payment

from the Vehicle Recycling Fund to the towing entity which

removes abandoned vehicles to the storage facility of a

local municipality or 1aw enforcement agency . The final

provision addresses billboards in the State of lllinois.

It provides the definition for the business area, and it's

limited to a location outside of urban areas which may be

zoned for commercfal cr industrlal use. Currently in 1958

if an area wasn 't zoned commercial on interstate highways,

billboards could not be erected there . What this

legislation does is provide for the billboard company to

pay the fee to the Department ot Transportation if. . . so

that that money can be rechanneled back to the Federal

Government sc that those areas could come under the

provisions fcr billboards on interstate highways and woujd

remove that opposition and the permit provisions currently

established. It would allow the Department of

Transportation to ïssue a permit, get reimbursement Irom

the advertising company to fcrward to the Federal

's basically what lGovernment îf there were any cost. Thatthe Conference Committee would do. Be happy to answer any j

'' $quest t ons .

6

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STATE OF ILLINOIS86th GBNERAL ASSEMBLY

HOUSE OP RCPRESCNTATIV;STRANSCRIPTION DEBATE

113rd Legislative Day uovember l5, 1990

Speaker Breslin: ''You have heard the Gentleman's Motion. Before

tbat is.a.before that is entertained, Representative

Mautbno moves to suspend Rule 79(d) and (e) and place this

Bill on the Order of Conference Committee Reports, so that

can be considered. Is there any objection to that

Motion? Representative Blackf is there an objection to the

Motion to suspend rules?''

Black: ''I have no specitic objection. would like to ask the

Gentleman a question before I could give you a definitive

answer on an objection.''

Speaker Bresltn: ''As to the suspension ot the Rules?''

Black; ''No. It deals with some material he said Was in the Bill,

and 1 don't think is there.''

Speaker Breslin: ''Ckay, let's suspend the Rule, so we can taïk

about first, okay?''

Black: ''Alright.''

Speaker Breslin: ''Hearing no objection and by use of the

Attendance Noll Call, Representative Mautino's Motion to

suspend Rule 79(d) and (e) carries. Representative Mautino

has explained the Conference Committee Report. On the

question of the adoption of that Conference Committee

Report, Representative Black is recognized. Representative

Black.''

Black: ''Thank you very much, Madam Gpeaker. Questton of the

Sponsor.''

Speaker Breslin: 'îproceed.'

Black: ''Representative, are you certain that the towing items and

the billboard language that you mentioned are in this

Conierence Committee Report?''

Mautino: 'lHouse Amendments 1, 3, 4 and 5 are adopted in thil. . .

are included in this Ccnference Committee Report .

Amendment #1 exempts the vehicles that I discussed as it

pertains to sewage treatment, as sewaqe cleaning equipment .

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STâTE OP ILLINOTS86th GENERAL ASSEMBLV

HOUSE OF REPRESRNTATIVDSTRAHSCRIPTION DESATE


Number was Santiago's Amendment on the background checks

of bus drivers. Number 4 was Granberg's Amendment that

provides for the powers of municipalities as it pertains to

churches in regulating traffic. Excuse me, and 45 was the

Amendment for the Vebicle Code to permit the use of amber

lights on vehicles operated by members of a sanctioned

emergency service unit. The proposal within the Bill that

addressed the signage is remained in the Bill, according to

my analysis.''

Black: ''Madam Speaker.''

Speaker Breslin: ''Yes.''

Black: the Gentleman uoukd take thts out of the record, Staff

on our side indicates that they are adament in that the two

items he is discussing are not in this Corrected Conference

Committee Report. Maybe we can get this Worked out in a

few minutesw''

Speaker Breslin: flRepresentative Mautino agrees. The Bill is out

of the record . Ladies and Gentlemen, on Supplemental

Calendar #1, under the Order of Motions, we will take those

Motions that are Discharge Motions. The first one is

Senate Bill 1086, Representative Currie. Senate Bill 1098,

Representative Hannig. Hannig.''

Hannig: ''Yes, thank you, Madam Speaker. Would symply move tbat

we discharge Committee and advance to the Order of Second

Reading. donft think there's any opposltton to tbis.''

Speaker Breslin: ''The Gentleman has moved pursuant to Rule 77(a)

to discharge the Executive Committee Interim Study Calendar

from further consideration of Senate 3i1l 1098 and advance

this Bill to the order of Second Reading, Second

Legislative Day and suspend Rule 37(g). On that question,

is there any discussion? There beinq none, the question

is, 'Shall the Motion be adopted?' àll those favor say

'aye'à opposed say 'no'. In the opinion of the Chair, the

8



'


'ayes' have it. sy use of the Attendance Roll Call,

the l

Motion carries and the 5i11 is discharged . Senate Bill

1310, Representative Keane.'l

l'eane: ''Thank youv Madam Speaker. I move to dlscbarge

1Registration and Regulation Interim Study Calendar fromfurther consideration and advance Eo the Order o: Second

Reading, Second Legislative Day and suspend Rules 37(q) and

79(d) and (e).''

Speaker Breslin: ''You have heard the Gentleman's Motion . Qn that

question, is there any discussion? There being no

discussion, the question is, 'Shall the Motion carry?' All

those in favor say 'aye', opposed 'no'. In the opinion of

the Chair, the 'ayes' have it. We're finished .

Representative Black, for what reason do you seek

recognition?''

Black: ''Madam Speaker, I had my light on. I apologize if you

didn't see it in time, but we do object to that.''

Speaker Breslin: ''Representative Keane, there is an objection to

your Motion. Do you wish to go to a Roll Call now or

later? Why don't you come to see us and take this 3ill out

of the record at this tkme . Representative Giorgi is

recognized for a special introduction.''

Giorgi: ''Ladies and Gentlemen of the House, I'd kike to tntroduce

a delegation from the United...from the People's Republic

of China, and I'd like to introduce Counsel General Wang

Lee who'll say a few words on their trade mission of the

states.''

Wang Lee: t'Speaker of the House, yes , and Representatives of the

House, dear friends, I'm...:t's a great honor for me and my

delegation come from chicago to see your House and have the E

opportuntty to meet Bo many dlstlnguished House Members .!

You are the dec i s ion makers in thi s important state . I iwant to send my greet tn:s to you . And my f i r st impr ess i on

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STATE OF ILLINOIS86th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE


upon arrival here is that Springfield not only has very

fine warm weather, but also everybody has a fine and a warm

heart. This is special for your state. And I want to say

a few words about my mission in Chicago is to try to

promote good relations in cooperation with your country and

try to promote good relations in trade and business in this

part of the states, especially your state , Illinols state.

And we are looking forward to better relations in the

future. And your state is special in this field . You have

a office in China. You have already developed very iine

relations. We have a very big business. We have very big

bilateral trade between the state and China . We hope that

will be even greater. We are looking forward to the good

relation with you in the future. Thank you very much.''

Speaker Giorgi: nThat was General Lee and some of the delegation

will be staying around the House for a few minutes and

Alice Levin and Representative Weaver will introduce them

to Members of the General Assembly. Thank you very much.

Senator Newhouse tells me the trade...the trade with Taiwan

was $12,000,000 in commodities, $12,000,000. Okay, the

House will be at ease for a couple of minutes and then

we'll start on tbe Veto Motions as soon as the

Republicans come up with the speed, right. Representative

Daniels, for what reason do you rise?''

Daniels: ''We11, Representative Giorgi: you've distributed

Supplemental #1 Calendar and for the record : We are

objecting to the discharge o: all of the Bills on

Supplemental #l. The reason for that is fairly simple.

It's not as if once we know what you're going to put into

the Bills or the Conference Committee Report, that we would

necessarily object to the passage of the Bill at the time

We have We would like to see what your lntentions are

before we aqree to a discharge of the Committee . So with

10



143rd Legislative Day November 15, 1990

respect we ask that not only that you respect our views,

but also that if you do proceed on a Discharge Motion, that

it be done by a Roll Call vote .''

Speaker Giorgi: ''Might I suggest, Representative Daniels, that

your staff contact our staffv''

Daniels: ''1 think they are doing that now, but you know, the best

we can :et is, you know, like on some of the Bills, we have

the Bily dealing with the Chicaqo schooï junding, but we

are rumored that that will also contain some other amounts

in there. And, you know, in that Bill ultimately maybe the

Members may support it, but we'd like to see what's

just like the RTA vehicle that's listed and we don't know

what's going to be proposed for that, you know, to the

hazardous waste, to several other areas dealing with

pensions and the like. We would like to have the 3il1 and

in the event that lt's not discharged today, obviously our

staffs are available to work with yours to see if we can

come to an agreement on the legislation.'r

Speaker Giorgi: ''Thank you, Mr. Daniels. On the Calendar on page

5 appears an Amendatory Veto Motion. And the question is,

'Sha1l the House accept the specific recommendations for

change with respect to House Bill 3613?' And on that

question, Representative John Cullerton.''

Cullerton: ''Yes, thank you, Mr. Speaker and Ladies and Gentlemen

of the House. This Bill, as it passed b0th Houses, amended

the Home Ovnership Made Easy Act, which is an Act

admlnistered by the State Treasurer. It made technical

clarifications of the original enabling legislation, and it

said that investment tncome would be exempt from state

income taxes. The Governor agreed with the technical

aspects of the Bill; however, the Governor refused to

approve the tax exemption on investment earnings. His

message states that this exemption is not consistent with

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STATE OP TLLINOIS86th GENERAL ASSEMBLY

HOUSE OF REPRESENTATIVBSTRANSCRIPTION DEBATE


the program 's purposes and that the exemption ig not

limited to persons who actually purchase homes. ln order

to require the tax exemption to be allowed only to persons

who actually use the program to purchase homes, the

Governor proposes to add text that the income tax exemption

is authorized only to persons actually acqutring a home.

So we would accept that language. Would also note , of

course, that by his amendatory veto of the Bill, w e we re

not able to say that it was passed, and of course, this was

a crucial 3il1 :or the...our State Treasurer, Jerry

Cosentino , who was a candidate for Secretary of State , and

by the Governor's actions he wasn't able to, you know, to

use tbis in his campaign. So, there are probably some

political ramnifications as Well, but none-the-less, the

Governcr's.xolt's a1l moot, and the Governor's actions

should be accepted. a very good program and the

Governor's changes do not undermine that proqram. So

would move for the acceptance of the Governor's Amendatory

V* 2. C * 11

Speaker Giorgi: ''Any questions? Then the..oso the question is,

'Shall the House accept the specific recom . . .changes with

respect to House Bill 3613?' And the Gentleman moves for

that Motion. All those in iavor will signify by voting

'aye', those opposed by voting 'no '. Have everyone . . .has

everyone voted who wish? Representative Novak. Has

everyone voted who wish? Take the recordr Mr. Clerk.

This Motion having received ll0 votes, require thé

Constitutional Majority, and the Motion is adopted and the

House accepts the Governor's specific recommendations for

change. Messages from the Senate.''

Clerk O'Brien: HA Message from the Senate by Ms. Hawker,

Secretary. 'Mr. Speaker, am directed to inform the

House of Representatives the Senate has refused to adopt

12

STATE OF TLLINOJS86th GENERAL ASSEMBLYHOUSE OF REPRESENTATIVESTRANSCRIPTTON DE3ATE

143rd Leglslative Day November 15, 1990

the First Conference Committee Report and requests a Second;

Conference Committee Report in relation to House Bill 2030. :

IAction taken by the Senate March l5, 1990. Linda Hakker , ISecretary oi the Senate.d''

. Speaker Giorgi: ''lt's the plan o: the House to go to the Calendar

on Veto Motions and ve'll start with page 3. House Bill

3109: Representative Stern, you want your Motion called?

House Bill 3109, an override on School Code. Out of the

record. Repçesentative Phelps, do you want your Motion

called? Out of the record. Representative Bowman, would

you like to call a Motion on House Bill 3341? It's an

override.''

Bowman: ''Just a momentp please. Yes, thank you very much, Ladies

and Gentlemen of the House, this is a restoration that was

filed too late to be on yesterday's Calendar, but this

deals with community health centers. lt's approximately a

million dollars. We're a11 familiar with community health

centers. They are the iront line ol defense in primary

care. They are an outreach effort in the state 's public

health campaign. They are in some communities the only

resource that many people have and only access people have 1lto health care . They are all over this state. This isn't

a regional issue. It is a state-wide issue. And in view

of the strong support that the House gave to the Medicaid

budget yesterdayr I recommend an 'aye' vote to restore a

million dollars to the community health centers located

throughout our state. Thank you very much.''

Speaker Giorgi: ''Representative Stephens on House Bill 3341.''

Stephens: ''Wel1 thank you , Mr. Speaker . Just to make the l' ding money that we don't 1.continued point that we re spen

Ihave. Theox.it's only a million dollars, and I'm sure 1

(you're going to put a hundred votes on this, but ië

lyou...ii you want to do the responsible thing, you at least k

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STATE OP ILLINOIS86th GENERAL ASSEMBLY

HOUSE OF RBPRESENTATIVESTRANSCRIPTION DESATE

.

:143rd Legislative Day November l5, 1990 .

Ivote 'present'. Don't support spendin: money that the I

Illinois absolutely does not haveo'' 1State of I

Speaker Giorgi: ''The question is, 'Shall this House Bill 3341 be

restored to its original amount, not withstanding the

reduction of the Governor?' Representative Bowman to

close.''

Bowman: ''Nell, just to say J hope the last speaker never gets

sick, and you know, and aeeds t*e help and assistance of

the community health center in his district . 1 just hope

that never bappens to him. Please vote 'aye' on this

Motion.''

Speaker Giorgi: ''The question is, 'Shall this House Bill 3341 be

restored to its original amount, not withstanding the

redgction of the Governor?' All those in favor will signify

by voting 'aye', and tbose opposed by voting 'no'. Have

al1 voted who wisb? Have all voted vho wish? Take the

record, Mr. Clerk. This Motion havtng received the

Constitutional Majority prevails, and the House does

restore the line itemvvvand the item is restored . On page

3 of your Calendar, Total Veto Motions, is House Bill 4221,

Representative Phelps. And the question is, 'Shall House

Bill 4221 pass, the Veto ol the Governor notwithstanding?'

Representative Phelps.f

Phelps: ''Thank you, Mr. Speaker, Ladies and Gentlemen of the

House. 1 believe there's a little bit of a

misunderstanding about this proposal yesterday. :f 1

might, I'm going to refer to Representative Hicks, my

colleague, to maybe enlighten us on some few more points.

Representative Hicks.n

Hicks: ''Thank you very much, Mr. Speaker, Ladies and Gentlemen of

the Hcuse. House Bill 4221 addresses a problem that

certainly many areas ot the state have , but certainly in 1

Idownstate we have a problem in vhtch taking juveniles and

14

STATE OF TLLINOIS86th GENERAL ASSEMBLY

HOUSE OF REPRZSENTATIVESTRANSCRIPTION DEBATE

113rd Legislative Day November 15y 1990

housing juveniles across the state is a very difficult

situation. We riqht now are driving some l2O miles to ,

1house juveniles to and from courts. This 3ill simply 1addresses that issue and instead of providinq for 75% of

the fund and being able to borrow from the fund of 75%,

we're talking about borrowing of 100%. The local counties,

even counties going together, certainly can't provlde that

25% share. This simply authorizes - no money involved -

authorizes the 100% borroving from the fund . Be happy to

try to answer any questions.''

Speaker Giorgt: ''Representative Black on House Bill 4221.'' l

Black: ''Thank you very muchr Mr. Speaker. A question of the

Sponsor. As we talked about this yesterday, : think the

Sponsor's correct. There was some confusion , and this Bill

failed yesterday. We do have a 3ill that has been signed 1into law, Senate Bill 2193, which incorporates the chief

judge's recommendations on how such detention facilities

may be constructed. And I support the Gentleman's eiiorts

in this. In fact, I was a Cosponsor of 2193 with the

Sponsor oj this Bill. But, the Governor has simply stated

that if you authorize 100% funding for this, then obviously

you're qoin: to get the request for 100% funding. I'm

familiar with the Gentleman's problems. We have the same

in my county. We're driving as far away as St. Clair

County to house juveniles. But, : tbink what really caused

most of us to back off this yesterday was the

Representative saying that somehow this Bill was construed

as also obligatinq the state to pay 100% of the operating

costs. I don't think there's anybody in this chamber, if

that's the case, wants to operate this state to pay 100% of

the operating costs of a tacility that a county miqht want.

, iI thtnk tbat needs to be made quite clear. Tf it can t be )ior it isn't, then obviously this 3il1 should not again gain

15

' BT /1 T E () F 1'. L.t.. 1 Kf) I 27f) 8 t 13 B E N E R /k l.- â 65 E$ E M B L. Y

Hf) U S E O F R E P R E S E N T * T 1 Q F. ST RANSC R I PT I O N f) E 13 fA TE

143 r d L eg i. s 1 a t i ve 1) ay N B vember 1G z 1990

t h e n e c e s s a :% y v 0 t e s t o 0 v e r' r :t d e .t I.I e V e t () . ''

.S p e B k er G i. o T* 9 i. : '' R er> 3* e s e 41 t ?:1 t i. ve H i. c 14 s t () c 1. o se . ''

H i c k s : '' T h a n k y o u v e r y m u c h , H !* . S p e a k e r. , C e r t a i n l y t h e

(' en t 1. ema n ' s c.. (8 :% :% e c: t i n h i s sa y i :1 sl t b a t ble d o yd o t i. n t e :1 d ,

a n d i t ' s n o t t IA e i n t e n 't o f t 14 i s les i s 1 a t i () n t h a t œe p ia y

1. 00X o f t h e () p e T* al t i. n g c o s t . t.l e ' r e s i ynp l y t ?) 1. k i. n g tp b o u t

c' () n s 't r u c t i o n (-.. o s 't. s . T h e (3 e n t 1 em a n i s e x a c t ly r i g h t . 'A n d

k% (, îw t h e ' i n 't e 11 t a n d p u r rh 0 se () j'* i 1-1 i s , bl e a r e n () t t a l k i ,, gJ

a b () u t 100X () 'r t h e () p er a t i n g c o st i n n () Sday ulh a t s: ever t 13 (1 t

b/ e al t. e t B l k i 1) 9 . B b () u 't. b e :i. n : kn b l e 't. () b u i 1 d t 11 ei $:4 e 'r B t: i J. i t i E! rz; .

:f t ' t'R Go m e t h i n IJ t h a 't i s n e tad ed . I'! e c e r t a i n ly h a s 't IA e s a rn e

y> !* o b 1. em t h 7:1 t b3e #1 a v e i n d Th i v i n f1 a 1. 1 t h e taay f lv o o D B n v i. 1. 1. e .

:f l 1 i n (, i. s t o S t , C 1 a i r C () $1 n t y . I t ' s a p r o b 1 e m (J e a 1 1 11 a v e

i. n t h a t a r e 7)1 0 f t @3 e s t B t e . tl e c t, :1 ' t a f f o r d t p cl 1* i. v e

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a c o u r t cl E1 t e 't h q n e x t cl td y t t B 1( e 't. h em b 7:1 c k a g a j. 41 t h a t 11 j. g h t .

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t

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o u T% s t B t e , kl e b/ al :1 t t e b e 1. rh t @, o s e j u v e n i 1. e s . kl e h e 1 F> t h em

by p B ss i. n g 't 11 i s 13 i l l a n d IIIB k i n g t 13 a t , , , t h (1 s e f a c i 1 i t i e s

a v al i l B b l e t ;) n d 1: cl o a 61 1% e e bl b. t In t h e G e n t 1 eTn B n , Y o u al r e

e x a c .t l y r' i g ln 't , M r . B 1 ka (: k , td e d (1 n ' t i n t e n d t o 1:) a y 1 Q O X

t h e 0 p e !% a t i n g c: () st s . t.l e i 11 t e n d f () :% 't tl e 1 0 c a 1 s t 0 b (? p ay i !1 fp

t h a 't c o s t t I'1 (Q j B i 1 t ç) () 17 e r a t e t 13 a t td a y ' 'f n 13 a s s i n g

t h i. s , b E., 1. i. e v E? t h 7:1 i ' s e x ?:1 c t ly tp #, a t bl e ' d cl o . /k n d a s k

'r () T* a g r e e n v (, t e o n t h :i. s /1 0 t i o n , ''

t'1 p ea k e r (1 i. p r s i I . '' T h e q u e s t i e 11 i s z ' S h a 1. 1. I-I () u s e B & 1. l 4 2 2 1 p a 61; 6; ,

t 13 e V e 't. 0 0 't* 't h e O (, ve r' 1, n r n (1 t îtr i t h s t a n d i n ge? I T h i s r eq tl i r e s a

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t4 i Bh? N t) t e t h a t S h i r 1ey J o n es h a s a r r i v ed , P u t 13 e r. o n

R () l 1. C a 1. 1. . 61 a, we ?:1 1. 1. v e t ed blh o td i sh'? R e p :% e s e n t B t i. vzt U () l .f*

0 n l'1 f) u s e B i 1 't 4 2 2 1 t o e x p 1. a i n 13 i s v o t.. $1:? . ''

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r e c e r d e d () n t 14 e 1: o a r d . kl () u 1 d y o u h k'j v e t 13 e e le c t r i c i a n

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'r R A N S C R I P T I E) N . 1) E f3 A 'F E . I ' .

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c h e c k m y v (1 t i n g s u i t c h 17 e r e , p 1 e a s e , ' '

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H a r t k e l ' '' T h a n k y () u v e r y mu c h , M !* , 63 p e a k e r . . I blo u 1. cl u r s e c4 c o u rt l e

more green vetes on this thing. Y0u knou, I've had several

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. a r () $1 'n d t In e st a t e , '

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. 13 a c k t () c o tl ï* t t 14 e n e x 't d a y , t h e n t a 14 e t h em 1:3 a c k t cp a

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t h 0 se f ;:1 c i l b. t i e s . (td 41 d I u r CJ e Tny c.. 0 1. 1. e 7j sl u e s () :1 b o t h s i cl e () f

t h e B i s le , u p s 't a t e a n d d o td n s t a t e , t () g i v e u s t h i s . . . t In e

,1 e c e s <.!i a T% y v () t e s t o c: r e al t e t h e sy e . , , t it e 'f' a c: i. 1. :i. t i e s ' ''

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f> h e 1. p s l '' T h B :1 k y B u ) M !* , S rt e B k e r , J tt st t.l r: o i. n t t h B t so me o 'f* y o u

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c o r n e Tv d () bl n t h e r i v e r a bl B y .r 1* o IB S t . C l a j. 1% C () u n t y

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c IA () o s i n g . b u t b e c a u s e f e d e r. a 1 (: () tl r. t m a rd d a t e s a 11 d s t a t e

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. c o st . U e 1 l , t h ey ' ve b r () u g @1 t t h e I0OX () f t h e lna n d a t es d 0 bln

o n t 13 e c o u n t i e s , a n d s e I s a y t h e r e s ,7 o n s i b i 1 i t y s ln o u 1 d b (4

r me t , ë 11 d bl h e n y () u 1. o () k a t t h e t !* B ve l i 11 vo 1. ved , t #1 e

t r' a n sp 0 r t a t i () n c (1 s t , t h e n ta e c a n t r a n sf e p t IA a t t o u 13 a t

o F) e r B t i. o n k) 1. o b l ;i. s a t i. Q n s t h e 1* e IPQ u 1 d b e () n t I'1 e c 0 tl n t i. e s :

uln i (: In i 65. a .P a i p t r a d ta o 'r 'r , A n d lI; e a e Ia r 4: c i a t e . , , ue ' v e s o 't

t h i. s pa ny vn t es B l 4% e a1 d y , k3 n d , . . t h e o t h e r cl a y , a n d s () n o u j'.

t I't $ n k t I'1 e r e ' 65. s n me n e tu e n 1 i 9 13 t en ed p eo p le , a n d u e

1. 7

STATE OF ILLINOIS86th GEXERAL ASSEMBLY


143rd Legislative Day . November l5, 1990

appreciate your being added on the green votes. We need i

your help.''

Speaker Giorgi: ''Have all voted who wish? Have al1 voted who

wish? Have a11 voted who wish? Take the record, Mr .

Clerk. Representative Hicks requests we poll the

absentees. Seventy votes voting 'aye' 40 voting 'nay'.#

And the Gentleman requests a Poll of the Absentees.''

Clerk O'Brien: ''A poll of those not voting. Krska. No further .''

Speaker Giorgi: ''The other Member seeking recognition,

Representative Black.''

Black: ''Thank you very much, Mr. Speaker. I thlnk you have taken

the record on this, have you not? Alright. You know, I

don't think any oi us want to stay here all day and argue

every vote on a verification. I think there's some vacant

seats over there. If you want to persist in this, then

we'll ask for a verification. I don't think either side

wants to do that. Vote your own switch. Let's vote them

up, vote them down. Let's go home.'f

Speaker Giorgi: ''Have a11 voted who wish? Take the record , Mr.

Clerk. On this question there are 70 votes, and this Bill

having failed to receive a Constitutional Majority is

declared lost. Representative Hallockr do you want to call

your Motion on House Bill 4038? out of the record .

Representative McGann, do you want to call your Motion on

House Bill 3012? An override. okay, Mr. Clerk. The

question is, 'Shall House Bill 3042 pass, notwithstanding

the specific Governor's recommendations for change?' This

requires 71 votes. Representative McGann.''

McGann: ''Thank you, Mr. Speaker and Members of the Assembly . We

are addressing the House Bill 3042 relative to the

immunization requirements in private colleges and

universities. This Bill originally passed out of the House $

and went to the...out of the Senate, went to the Governor's '

18

STATE OP ILLINOIS86th GBNERAL ASSEMBLY

HOUSE OF REPRESZNTATIVESTRANSCRIPTION DEBATE

'

143rd Legislatlve Dag November l5, 1990

desk, and tbe Governor saw fit to write new languaqe and

obstruct the legislative process in doing so . I don't want jto take too much of your time this afternoon relative to

this issue, because you have been contacted by both sides

of the question. The one side tells you that the real

thing to do is to require inmunization of part-time

students. But that side also says we don't have to bother

about the community colleqes ën the State ot Illinois , the '

two year colleges, because after all, they are free and

they don't have to worry about immunization. But that's

not the truth. The truth is alone in the City of Chicago,

this community colleges, the city colleges of Chicago:

produce roughly 250,000 students on an annual basis, far

more than the private university and colleges. I think we

hould have equal izat ion . The old saying , ' What i s good 1s1for th

e goose is good for the gander'. Well: that's not jthe case for the opponents of this legislatton.'' l

Speaker Giorgi: ''Representative.''

McGann: ''Also, they talk about providing all the vaccine that's

necessary. Well, they have not 1et up.m.kept their word jince the institut îon of thi s Bi 11 , which became a 1aw 1s

1originally, approximately three years ago . They have '

failed to reach their agreement with the private colleges 11and universities

. What they have done though is they bave

mandated these private universities and colleges to do

something that they can't back up themselves . I have Sent

around a flyer to a1l of you explaining the merits of our

House Bi1l 3012. I think the time has come that we stopI

mandating without backup and without the dollars to help

the universities and private colleges throughout this

state. I ask you to override this Gubernatorial

iNoncompliance that he put into something that I dcnft think;that his authority allows him to do. I've discussed this

19

l

STATE OF ILLTNOIS86th GENERAL ASSEMBLY

HOUSE OF REPRESENTATIVESTRANSCRTPTION DEBATE

November l5, 1990

ask your support. I ask

you to override this decision oi the Governor, and let's

help the private colleges and private universities

throughout this state. Thank you for listening to me .''

Speaker Giorgi: 'Representative Ryder on the Override Motion.''

Ryder: ''Thank you, Mr. Speaker, I would rise in opposition to

this Motion to override and would bring to your attention

several rather important factors. One of which is that

this law does not require colleges to give the immunizatlon

shots. This does not require colleges, private colleges,

to be in that business. Rather what does is Eequire

them to collect the documentation therefore. :n addition,

there are several exemptions, specifically for those that

are interested in christian science. And I am fortunate

enough to have the only college for christian scientists in

tHe Uniked states the 97th Dlstrict . And there are

appropriate religious exemptions Within the Bill as it

currently exists to address that issue. We are no* turninq

our back by saying ycu bave to do something without

providing the resources. In fact, the Department of Public

Health has been very diligent about attempting to provide

those resources aad by trying to help out ior those

students who are in need of this. There are many schools

who recognize the necessity oi this and are willing to

cooperate with the appropriate departments of public

health. The Vetoes improve the Bill. They did not destroy

the Bill. The Veto is appropriate. I would believe that

it would be just the opposite of what the previous speaker

haG stated. It would be for the Department ol Public

Health to turn tbeir back on the students of this state ij

this Bill is not passed its current torm, and therefore

: urge that you do not override the Amendatory Veto.u

Speaker Giorgit ''Representative Black oa the Overrtde Motton.

143rd Legislative Day

w#th b0th sides of the aiske. I

20

STATE OF ILLJNOIS86th GENBRAL ASSEMSLY



Out of the record. Representative McGann to close .''

McGann: ''Thank you, Mr. Speaker, Members of the Assembly. The I

Iprevious speaker is not giving all the facts . The facts I

ace the Department of Public Hea1th has not y . .has not met

their commitment. And it is also a fact that a1l of the

private colleges and universities have joined together in

wanting some relief from this immunization for part-time

students alone. Yet, the same department did not see fit

to go out and search out and be sure that every community

college student, also part-time, are nct under the

immunization program. This is once again tbe unbalance of

thinqs that we do. They have not met their commitment.

They have not done the job that they are suppose to do.

The community college and universities of the private

sector have to have some relief. 1 ask gou to override

this Motion. I thank you ior your support .''

Speaker Giorgi: ''The question is, 'Shall House 3ill 3042 pass,

notwitbstanding the Governor's specific recommendation ior

cbange?' And it takes a Three-Fifths Majority. A1l tbose

votin: in favor will signify by voting 'aye' and tbose

opposed by votinq 'no' and the voting is open. Have all lish? Have all voted who wish? Representative Ivoted who w

tSatterthwaite on the Motion.''Satterthwaite: >Mr. Speaker and Members of the House, obviously

anyone would benefit from having the immunization and it

would be an advantage to certain populations . However, the

situation we have been in in the State of Illinois is that

the shots have not been available in suiiicient quantity1f

or everyone. And so it's a matter of priority in termg of IIwhere the btggest impact Would be found tn ustng the j

Iimmunization. :t is deiinitely not a high priority forIlcommuters to be using tbese shots at the expense ofI

children and elderly people who would be more subject to '

21



143rd Legislative Day November 15, 1990i

having health problems if they can not be immunized . There 1is no evidence that this population will

, in fact, be

impacted positively by getting the immunization . It is to

our advantage to see that we have the lmmunlzatlon

available for the highest risk populations. The method

that is chosen by having commuters get these immunizations

in no way has evidenced that they are responsible 5or the

spread o5 these diseases. I would suggest to you that it

is an improper prioritization :or us to not have this Bill

pass. I would urge your support because it will, in fact ,

provide better health care for the people of the state to

not make this population your target for priority.''

Speaker Giorgi: ''Representative Black to explain bis vote.''

Black: 'fWelly thank you very muchp Mr. Speaker . I think we

may...want to put the timer on, but 1 would just simply

point out to you that the University of Illinois, if the

information I have is correct, supports this Bill, does not

want you to override the Governor in this matter. And I

think youdll see that the Illinois college immunization

requirement has resulted in a dramatic decline in the

number of measles cases reported on our college campuses.

We...I think we addressed this last spring and the problem

we get into is the definition of commuter student. And if

we have a problem there, I think we can work it out the

next Session and make most everyone happy with the result.

I don't think this is the time to override the Governor's

VC V C * P

Speaker Giorgi: ''Have a11 voted who wish? Have a1l voted who

wish? Have al1 voted who wish? Take the record, Mr.

Clerk. On this question there are 48 'ayes'p 54 'nays'? 10

voting 'present' and this Bill...the 3ill iails to receive

the constitutional Majority and hereby is declared lost.

Repregentative Ycunq in the Chair.''

22

STATE OF ILLINOIS86th GENCRAL ASSEMBLYHOUSE OF REPRBSENTATIVESTRANSCRTPTION DEBATE


Speaker Young: 'fsenate Bills Second Reading, page 2 of theiCalendar

. Senate Bill 543, Representative Williams.''

Williams: ''Yes, I move that this Bill be moved to Third Reading.''

Speaker Young: ''Read the Bill, Mr. Clerkw''

Clerk O'Brien: ''Senate Bill 543, a Bill for an Act in relation to

the election of judges from the First Judicial District.

Second Reading of the 3ill. Amendment #1 Was adopted in

Commlttee.''

Speaker Young: ''Are there any Floor Amendments?''

Clerk O'Brien: ''No Motions filed, no Floor àmendments.''

Speaker Young: ''Third Reading. Representative Black, for what

purpose do you seek recognition?''

Black: ''Wel:, the purpose for seeking recognition was an inquiry

of the Chair. I didn't hear the Gentleman's Motton. What

did he want to do? Move this to Third Reading.''

Speaker ïoung: ''It wasn't a Motion. The Bill was read a second

time and it's on Third Reading right now .''

Black: ''Oh it's on Third Reading riqht now.''

Speaker Young: ''It just moved from Second to Third.''

Black: ''Even though my liqht vas on before he did that . It still

moved to Third.''

Speaker Young: ''Yeah. Did you have a Motion or an Amendment?''

Black: ''Well, no, I don't tbink so. 1 just wasn't sure what his

Motion was.''

Speaker Young: ''He didn't have a Motion.''

Black: ''He didn't have a Motion? Well, then I Would . . .an inquiry

ot the Chair, this whole thtng's out of order if he didn't

have a Motion. Well, Mr. Speaker, he's obviously moved .

He's over here on my side now.''

Speaker Young: ''That's a good place for hlm . Representative

Homer in the chamber? Representative Weaver, for what

purpose do you seek recognition?''

Weaver: ''We1l, thank you very much, Mr. Speaker. Just an inquiry

23

STATE OF ILLINOIS86th GENERAL ASSBMBLX


'


of the Chair. Irm wondering about conflict of interest

with the Speaker actually a hyphenated Sponsor on this

Bill. Is this proper procedure?''

Speaker Young: ''Absolutely proper.''

Weaver: ''Absolutely. Thank you.''

Speaker Young: ''Representative Homer in the chamber? On page 5

of the Calendar under Reduction and ltem Veto Motionsr

House Bill 3544, Motion #3, Representative Giorgi.''

Giorgi: ''Mr. Speaker, this is a Motion I presented yesterday and

was taken out of the record because of a parliamentary

inquiry. This Veto deals with the Senior Citizens and

Disabled Personal Property Tax Relief and Pharmaceutical

Assistance àct. This is the most popular senior citizen

tax relief Act and with the advent of tbe pharmaceutical

benefits, the most needed. This restores money that the

Governor took out of the circuit breaker program , and I

know that Members of the General Assembly have been spoken

to by the various interest groups, and T urge the support

of my Motion.''

Speaker Young: ''The Gentleman has moved..oor the questton is,

'Shall the Reduction Veto be restored to its original

amountp notwithstanding the reduction cf the Governor?f On

that question, the Gentleman from Madison , Representative

Stephens.''

Stephensl ''How much?''

Giorgi: ''Twenty million dollarsp I believe.''

Stephens: l'Twenty million, is that what you said? I can't

quite..m''

Giorgi: ''Twenty million out of a thirteen billion dollar General

zevenue..m''

Stephens: ''Twenty million dollars...Mr. Speaker, to the Motion.

It's...I guess we spent about l10 to l30 million dollars of

taxpayers money that we didn't have yesterday. We've spent

24

STATB OF ILLINOIS86th GENERAL ASSEMBLX


143rd Legislative Day November l5 , 1990 ila couple oj million this morning of taxpayers dollars that '

we don't have, and we always do this in the name of a good

cause. It's...you know, there's no doubt that seniors who

benefit from this progran wilt read tomorrow's paper and

they will be full of joy thinking that the Legislature and

the Governor have acted on their behalf and sent them

another twenty million dollars. But why donft we put this

in words of truth that we al1 understand . What we are

sayinq by restorinq this Line Item Veto is that we are

goin: to tell them we are going to send them twenty million

dollars, but you and I both know that the money is not

there. We 're increasinq a half of the budget, the

expenditure side of the budget, and sayin: that we will

send them those dollars, and the money's just not there.

As medical providers around the State of Illinois know all

too well today, as they wait for money that you promised

them last year that you would send them, that you knew

wasn't there last year, and they can't pay their bills this

morninq, you yet promise them today that you'll send them

even twenty million dollars more. And they are not iooled .

They are tired of your charade. The people that you

promise are wising up to the charade . They know you don't

mean it. So why don't we try to at least have the diqnity

to balance the budget in these waning days of the Session

and not make promises tbat you will break before the dawn .

Mr. Speaker, I rise in opposition.''

Speaker Young: ''The Gentleman from Morgan, Representative Ryder.''

Ryder: ''Thank you very much, Mr. Speaker , Ladies and Gentlemen of

the House. Obviously, it's a good cause . We don't

appropriate money for bad causes. But we can't appropriate

kore money than we already have. The previous speaker made

some of those points, but let's take a Look at what the

Comptroller of the State of Jllinois has indicated to us

25




that the balance, our general revenue balance , is goinq

down, down, down. A hundred fifty million, with

projections to go below that danger point of a hundred

million. That's our checking book balance . Now if we

spent everything that we did yesterday, we're down to zero .

When we go below that hundred million, our bonding

companies take a look at what our ratings will be. When we

go below that hundred million, we may be charged more on

the bonds that we sell. So it costs in our credit rating

and it costs us in the amount of dollars that we pay on

interest. We can't have it all. Wedve got to make some

selections. We ought...we should have decided yesterday to

have held the line, but let us decide today to hold the

line and resist restoring this Item Veto.''

Speaker Young: ''The Gentleman from Effingham, Representative

Hartke.n

Hartke: ''Thank you very much Mr. Speaker, Members of the House .

I stand in support of this Motion. Stop and think about

it. Wefre asking our senior citizen disabled that thegfre

just going to have to hold the line for the State of

Illinois. That's just tough, senior citizens. We just

can't afford it, but we do a lot of other things. How in

the world can we turn down our senior citizens, those who

have made this state great and now we say we can't afford

to allow you to Have the medicattons that you need . We

realize you're on a fixed incomer but no: we're qoing to

balance that state budget on your backs. I think it's dead

wrong, and I think we ought to support this Motion to

override the Governor's Veto. I urge your support for

thlso..Motion.''

Speaker Young: ''The Gentleman from Cook, Representative McGann.'!

McGann: ''Thank you, Mr. Speaker and Members of the Assembly . I

would just like...I rise in support of the Motion, but I'd

26

STATC OF ILLINOIS86th GENERAL ASSEMBLV


113rd Leqislative Day November l5, 1990 l

also like to make a comment on the previous speaker. He's

talkinq about our bond ratings. It's unfortunate that he

didn't stand up al1 through the years relative to this bond

rating when our Governor did everything he could do to

raise our debt services irom the time he come into office

until now when we're talking about almost six hundred

million dollars in debt service alone for this state on an

annual basis. And he's worrying about bonding, worried

about our ratings. He should be worried about the common

man for tbis medication to help take care oi the people of

the State of Illinois, the real purpose of this government .

Thank you.''

Speaker Voung: ''Further discussion? Representative Giorgi to

close.''

Giorgi: ''Mr. Speaker: 1'd like to remind the Members of the

General Assembly, this is the most successful senior

program, and this is the program that helps more income

seniors with actual cash...actual cash benefits to help

them pay their property taxes. And :'d like to remind the

Members on the other side of the aksle, that the Governor

at the present time is preparing a supplemental

appropriation, at the present time. We do it every,year.

We end up in June with whatever we do and every fall we're

back here for a supplemental. And these are the people who

need lt the most. And the people that are disabled and

dependent upon pharmaceutical needs are being deprived. I

urge every Member of the General Assembly to get on this

override.''

Speaker Xoung: ''The quggtion is, lvhall Ehic Reductlon Ve*o on

page 8, line 35 of House Bill 3541 be restored to its

original amount, not withstanding the reductlon of the

Governor?' All those in favor vote 'aye' tbose opposed

vote 'no'. Voting is open. Have all voted who wish? Have

27

STATE OP TLLJNOTS86th GENERAL ASSEMBLY

HOUSE OF REPRESENTATIVESTRANSCRIPTTON DEBATE

November 15, 1990

Mr. Ckerk, take tbe record. On this

question there are 91 voting 'yes' 20 voting 'no' and none

voting 'present'. This Motion having received the required

Constitutional Majority prevails and the House does restore

the line 8...line 35, page 8 to its original amount, the

Reduction Veto of the Governor notwithstanding.

Representative Homer return to the chamber? On paqe 2 of

the Calendar, Senate 3ills Third Reading . Senate Bill

2237. Read the Bikl, Mr. Clerk.''

Clerk O'Brien: ''House (sic - Senate) Bill 1237...'!

Speaker Youngt ''That's 2237.'0

Clerk O'Brien: ''House (sic - Senate) Bill 2237, a Bill for an Act

to amend the Municipal Code. Third Reading of the Bi1l.''

Speaker Young: ''Representative Homer.''

Homer: ''Thank you, Mr. Speaker. I've been requested in writing

by Representative Keane to present this Bill in his

absence. That written request is on file with the Clerk.

The Bill is the one that was discussed yesterday and

amended yesterday, that has to do with the issue involvinq

the abtliEy of a home rule communïty to assess a tax on the

tuition of students at colleges or universities who. . .

Which are located within the corporate limits of that

municipality. Specifically, it addresses the matter that

came to issue at...in Evanston with respect to the question

about whether Evanston should or could impose such a tax on

students attending Northwestern University. The Bill is a

very simple straightforward Bill that simply specifies that

no communityp including home rule communitieg, may impose a

tax on any Euitlon or fees received by a public or private

post-secondary educaticnal institution or on any student

wiEh respect to or her being enrolled in such an

institution. Tn effect, the measure...without this

measure, such an action by a municipality could , tn

143rd Legislative Day

all voted who Wish?

26

STATE OF ILLINOIS86th GENERAL ASSBMSLY

HOUSE OF REPRBSENTATIVESTRKNSCRIPTION DZBATE


fact...wouli, ln fact , be a tax on education, which would

place a burden on students who are really least able to

bear the cost. This Bill would specifically preempt home

rule and therefore would require 71 affirmattve votes in

order to pass, but the issue is a clear one. The issue is

whether it should be the public policy of this state to

allov municipalities to impose a tax on students attending

universities. would submit that that is a bad public

policy and that the enactment of such a tax by one

community in this state could, fact, serve as an

ill-advised precedent for other communities who may be

inclined to also impose such a tax on students in their

commgnities. And so before we open the floodgates and

allow such a precedent to be established/ that . . .this 3ill

would, in fact, put the issue to rest and would preclude

all municipalities, home rule or otherwise, from enacting

such a tax. So 1 Would move for the passage of Senate Bill

2237, as amended o''

Speaker Young: ''The Gentleman has moved for the passage of Senate

Bill 2237. On that question, the Gentleman from Cook,

Representattve Bowman.''

Bowman: ''Thank you very much . Mr. Speaker, Ladies and Gentlemen

of the House, first 1et me state for the record that am

personally opposed to a tax on tuition or on student

enrollment at any post-secondary institution of education.

take that position back in my home community of Evanston

where this is a hot item. However, there are several other

matters that you ghould consider before votinq in the

affirmative. I would recommend for starters that you

consider the unseemly haste wtth whicb this is betng

enacted . secause by enactinq legislation at this moment,

tùe citizens of Evanston are unable to present their case

to the General Assembly. Second of all, consider the fact

29




that we are diminishing home rule powers. Now I understand II

the necessity in thls case, however, what are the home rule

communities getting in return for giving up this power or

for having the power taken away from them? Nothing,

absolutely nothinq. It seems to me a principle that we've

operated on for a long time down here is if you take

sometbing away from somebody who's already got ity tbat you

try and give them something in return to balance the loss.

And there is nothing being proposed here in this

legislation, and I think that it would be appropriate and

desirable and I've offered my support to Northwestern

oniversity for legislation like this if we could add

something to the legislation. And I'm open on the subject

of what that miqht be. But of course if we rush it

through, there will be no hearings. There vill be no

opportunity for discussion and no opportunity to present

any alternative. And lastly , let me simply make a personal

appeal. Ifve got four days left on mya..four Working days

left on my career in the General Assembly...and 1111 miss

you, too. And I've been able to duck this issue for 14

years. T've tried very hard and I've been very successful

at it. And I am personally quite upset that this matter

should be brought before us at thts time, at this late

date, and not giving the chance for my constituents to have

themseLves heard before a legislative committee. So I ask

on behalf of my constituents that at least you defer action

on this issue until next term, so that they may present

their case to you in proper form. Than: you.''

Speaker Voung: ''Representative Homer to closex''

Homer: fo don't thtakxvw''

Speaker Younq: HExcuse me, Representative Homer. 1 didn't see 1Representative :arger had his light on.''

Barqer: ''Thank you, Mr. Speaker. As I share the same amount oi

30




time with this organization that Representative Bowman

does, considering my career in politics is more or less

coming to an end as it were. I feel that Ifm reasonably

willing at this time to support Mr. Bowman in this

particular Bill. I think that we are goinq to pass

legislation requlatinq the taxing of education, we should

not limit it merely to post-secondary schools. I think we

ousht to also consider the primary and secondary schools.

think this deserves very definitely , this subject

deserves very definite consideration in a committee

hearing. And I would ask all oi you to vote against this

at this particular time, so can have the proper hearings

and so a proper Bill can be passed that addresses all of

the aspects oi this particular Bill. Thank you very much.''

Speaker Young: ''Representative Homer to closew''

Homer: ''Thank you, Mr. Speaker. Tbe reason why this type of

Llmitation should be placed on municipal qovernment and

home rule government is simpky thls. The iact ts that many

students who attend universities within these

municipalities are not registered to vote there . Tbey're

registered to vote somewhere else, perhaps because their

home residence is in some other city or town. And it the

proposition, 'taxation without representation' ever meant

something, think we have to do something to protect these

students who otherwise can be an tnviting target of public

officials who are desperate or anxious to raise money and

prey upon a group that is disenfranchised and unable to

speak at the ballot box. If ever there were a class of

people that this General Assembly ought to stand up and

protect, it's our children who attend school in other

communities, wbo spend money in those communities, from

which those communities greatly benefit in economic and

other terms, and it's unconscionable to allow such a

31

STATE OF ILLINOIS86th GENERAL ASSEMBLV


143rd Leçislative Day November 15, 1990

municipality to impose a tax on these people because they

are vulnerable, disenfranchised and do not vote for those

public officials. So would hope that we could have a

bipartisan expression of support for the proposition that

Senate Bill 2237 which disallows municipalities to impose

such a tax on our children attending schools in their

communtties. I would ask for an 'aye' vote.''

Speaker Young: ''The question is, 'Shall Senate Bill 2237 pass?'

A1l those in favor vote 'aye', those opposed vote 'no'.

Votinq is open. This is final passage. This 3i1l requires

71 votes for passaqe. Gentleman trom Coles, Representative

Weaver.''

Weaver: ''Thank you very much, Mr. Speaker. Just briefly explain

my vote. Those of you who have a university in your

district, beware, the door has been open . lt is now public

knowledge that unless this Bill passes: your city council

can levy a tax, a head tax or a tuition tax, on the

students that attend your university, and you better be

prepared for the fallout unless this 3i1l passes w''

Speaker Youngt ''The Gentleman from Vermilion, Representative

Black.''

Black) ''Tbank you very much r Mr. Speaker. Just to echo

Representative Weaver. mean this is the height of

foolishness. Ië you allow city governments to levy these

taxes in any way, shape or form or amount, you're

increasing the cost of education, which will then drive

people to come over here to have you increase money to

scholarships, grants, loans ,nd money for higher education .

You're goinq to qet stuck this way no matter how you vote

on this issue. If you're going to vote 'no' and let the

locals levy this tax, then you bettêr be prepared to put

ever more increasinq amounts of money into scholarships,

loans and grants because you're increasing . . .you're

32




allowing the locals to increase the cost of higher

education. I don't think you want to go home and explain

that.''

Speaker Young: ''Representative Bowman, for what purpose do you

seek recognition?''

Bowman: ''We11, only to urge people not to vote their neighbor's

switch, because there are some people absent, and would

like a verification.''

Speaker Young: ''Have al1 voted who wish? Have a11 voted who

wish? Mr. Clerk, take the record. On this question there

are 76 voting 'yes', 16 voting 'no', 19 voting 'present'.

Representative Bowman requests a verification the vote.

Representative Homer requests a Poll of the Absentees.''

Clerk Leone: ''Po11 of those not voting. Currie. Krska and Van

Duyne. so further. Poll of those votinq in tbe

affirmative. Ackerman. Black. Breslin. Brunsvold .

Buqielski. Capparelli. Churchill. Countryman.

Cowllshaw. Danlels. Delaegher. DeLeo. Doederlein.

Farley. Flinn. Virginia Frederick. Giorgi. Goforth.

Hallock. Hannig. Hartke. Hasara. Hicks. Hoffman.

Homer. Hultgren. Johnson. Keane. Kubik. Kulas.

Laurino. Leitch. Leverenz. Martinez. Mautino .

McAuliffe. Mccracken. McGann. McNamara. Mcpike .

Mulcahey. Munizzi. Nolan. Novak. Bob Olson. Myron

Olson. Parcells. Parke. Bernard Pedersen . William

Peterson. Phelps. Piel. Pullen.' Reagan . Richmond.

Ronan. Ropp. Ryder. Saltsman. Satterthwaite. sieben.

Stange. Steczo. Stephens. Tenhouse. Terzich. Weaver.

Wekler. Wennlund. Whtte. Wtlliamson. Wojclk. Wolf.

Woolard. zickus and Mr. Speaker. No further.?

Speaker Young: f'Representative McNamara asks leave to be

verified. Leave is granted. Representative Lang Votes

'aye'. Questions of the affirmative vote. Representative

33


HOUSB OF REPRESENTATJVESTRANSCR:PTION DZBATE


Bowman.'

Bowman: /We1l, wedll start with the Bill's Sponsor, Keane .f'

Speaker Young: ''Representative Keane. ls tbe Gentleman in the

chamber? How is Representative Keane votinq?''

Clerk Leone: ''The Gentleman is recorded as voting 'aye'.''

Speaker Young: ''Remove him from the Roll Call.f'

Bowman: nRepresentative DeLeo?''

Speaker Young: ''Representative DeLeo . Is Representative DeLeo in

the chamber? How is Representative DeLeo recorded as

voting?''


Speaker Young: 'lRemove him érom the Roll Ca1l.''

Bowman: ''Representative Laurino?''

Speaker Young: ''Representative Laurino. Is Representative

Laurino in the chamber? HoW is Representative Laurino

recorded as voting?''


Speaker Young: ''Remove him from the Roll Call.''

sowman: ''Representative Farley?fl

Speaker Young: ''Representative Farley is in his chair. . . .or close

t O i t . ''

Bowman: ''Ronan?''

Speaker Young: ''Representative Ronan. Is Representative Ronan in

the chamber? How is the Gentleman recorded as voting?''

Clerk Leone: 'rThe Gentleman is recorded as voting faye'.''

Speaker Young: ''Remove him irom the Roll Cal1.'f

Sowman: ''Representative Johnson?''

Speaker Young: ''Representative Johnson is in his chair.''

Bowman: PRepresentative Wennlund?'r

Speaker Young: ''Representative Wênnlund. Nepresentattve

Wennlund . Is Representative Wennlund in the chamber? HoW

is the Gentleman recorded as voting?''

Clerk Leone: ''The Gentleman is recorded as vottng 'aye'.''

34

STATE OF ILLINOIS86th GENERAL ASSEM3LX


143rd Leqislative Day

Speaker Young: ''Remove him from the Roll Ca1l .''

Bowman: ''Hasara?''

Speaker Young: ''Representative Hasara's in the center aislev''

Bowman: HRepresentative Mccracken?''

Speaker Young: ''Representative Mccracken is in the rear of the

chamber. Plotting in the rear of the chamber.

Representative Petka, for what purpose do you seek

recognition?''

Petka: ''Mr. Speaker, change me from 'no' to 'aye' please .''

F

'

Speaker Young: 'fRepresentative Petka votes laye'. Representative

Williamson asks leave to be verified . Leave is granted .''

Bowman: ''Okay, no further questions.''

Speaker Young: ''On this question there are 73 voting 'yes', 15

voting 'no', 18 votin: 'present'. This Bill, having

received the required Constitutional Majority, is hereby

declared passed. This Bill, having received the required

Constitutional Three-Fifths Majority, is bereby declared

passed. Agreed Resolutions.''

Clerk O'Brien: ''Agreed Resolutions. Tony.''

Speaker Young: ''General Resolutions.''

Clerk O'Brten: ''House Jolnt Resolutfon 156, Morrow; and House

Resolution 2331, Stephens.''

Speaker Young: ''Committee on Assignment. A Message from the

Senate.''

Clerk O'Brien: 'fA Messaqe from the Senate by Ms. Hawker,

Secretary. 'Mr. Speaker, am directed to inform the

House oi Representatives the Senate has adopted the

following Senate Joint Resolution, the adoption of which I

am instructed to ask concurrence of the House

Regresentatives, to wit; Senate Joint Resolution #221,

Resolved by the Senate of the 86th General Assembly of the

State of lllinois, the House of Representatives concurring

herein that when the two Houses adjourn on Thursday,

November l5, 1990

35

VT /td T E' () F 1'. L I.. IJ N (') I S63 6 't lA G E N E R A t- k% t!r B E M 8 L. YH () U E1 E O 47 R E P R !5 S E N T 4h T I Q E E1

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'

TRANSCRIPTION. DEBATE. ' y , . .

'

1 43 r cl t- es i. s 1. a t i ve tl ay . N o v emb eT'. 1. :; , 1 *90

Resolutionsl Heuse Resolution 2331, Stephensy to Cnmmittee

; . on Assisnment. Messases from ihe Senate. Bessage from the

Senate by Ns' Hawker. Secretary. 'Hr. Speaker, I am

' ' i ordered tp,.,I BTn . directed tp inform the B/use of

k'.,.yi ! - ï n' R e p r ta % e n 1. u 1. i v e % t h a f. t h e S en a t e h a s p a ssed 8 i 1 ls i t h e ve t () '.> )Kez': t'. : . ' )' >' . . .. . . 1 (.. -- ; .. . .Iy r . '..( k '&7.,,'6, ef the Gikernnr te the contrary, nolvithsianding, 'and theJ.

. . :t. . . . . . .). . lt.': .

' L '.. p B ss 'a g e o f tdh i c h I a In . i n s t r u c t e d t e a sk c o n c u r r en c e () f 't h e '. . ! ' . . a

- .' ' Flpuse tn ùit; Senate Bills #158:, 158Q, 1709, 2059 and

' 2258. ' Bigned, Linda Idpwker: Secretary of the Senate.' A''

. messa tl e 'r r e rn t h e 6J en k7 t e ' by Ms , fl aulk er , Bedr et ary , ' Mr .k

Speakerz I am directed t; ineorp the House o/

l Representatives that the Senate has restored the items

reduced by the Bevernor whtch are attached in the 8t1ls of

th e 't% f) 1 10 lp i 1) e t it 1.e , a! nd t h e p est e r a t i o :k o f Klq ict: t Bm

i n s 't r u c t e d t o a s k c () n c u r r e n c e o e t 1n e I'1 o u s e t e td i t J S e 41 a t e

. B i 1 1 4 170: , * 11 d I a m $% u r t h e r d i r e c t ed t o t r a n slll i t t o t .1 e''

.. House of Representatives the follewing cnpy nf the

. '

(; o ver n o ,% ' s i t em r ed u c t i o n me s sa s e t e t h e S e n a t e . a c t i o 11 '

taken by the Senate Nevember 14y 1990. Linda Hasdker,

'

61 ec r et B ry ' e f t .1 e t3 en a t e . ' /k messa s e 'r r o Tn t he s en a t e by M s ,, ! '

' Hawker. Secretaryq 'Mr. SpeBker, I am directed t: inform

. .

'.

' ' ' t h e H e u s e o f R e p r e s e n t a t i v e s t b a t t h e B en a t e lA B s el c c ee t ed'

,' the Oevernor's specific recomrnendations for change uhicln

a r e a, t t k3 c h e d t e B i 1. 1. s , t h e a c c e p t a n c e o 'r wh i c .1 I a ln

' instructed to ask tie concurrence oe the Houwe to oit;' ' '

' s te Bills 414s/ 1s2a lsol 1u1Q 1a84 lsaa 1817. . e n B .p , , # y , ,. !

'. ,

'. 1998: 2033, 2188 and 2222, Linda Hawker, Secretary nf the '% . '

' .' .

' z. '

'

:1 . S e1) a t e . ' N () f u ,% t h e p b u s i n es s . T h e H o u s e n () tl s t a ,1 d s

' . adjnurned.'':' .

' t

37

* J 1

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STATE OF ILLINOIS 86th GENERAL ASSEMBLY HQUSE OF … · 2007-02-28 · STATE OF ILLINOI S 8 6th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRI PTION DEBATE 143rd Legi slat ive