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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
HOUSE OF REPRESENTATIVESTRANSCRI PTION DEBATE
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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STATE OF ILLINOIS86th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
143rd Legislative Day November l5, 1990
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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STATE OF ILLINOIS86th GENERAL ASSEMBLY
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 .
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STATB OF ILLINOIS86th GBNERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
143rd Legislative Day November l5, 1990
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 .
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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 .
7N!
STâTE OP ILLINOTS86th GENERAL ASSEMBLV
HOUSE OF REPRESRNTATIVDSTRAHSCRIPTION DESATE
143rd Legislative Day November l5, 1990
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
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STATE OF ILLINOIS86th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
'
143rd Legislative Day November l5, 1990
'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
113rd Legislative Day November l5, 1990
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
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STATE OF ILLINOIS86th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
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
l'1
STATE OP TLLINOIS86th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVBSTRANSCRIPTION DEBATE
143rd Legislative Day November l5, 1990
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
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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
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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:? . ''
kl o l f I '' Ni 1* ' S p e 7:1 k e r . bl () u l cl y o u r ec. o r cl m e kl s vo t i T1 g . . . I s ee i 't i s
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
1 é't
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'
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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 , ' '
, S p ea k er G i. o r g i, l '' Y es , H y. . t.l e 1f* . HB ve u 1. 1 vo t ed ulh o Sa i. sb'?' '
R ep r ese n t a t i ve 81 a f- 't k e ? t 4 e x p l k:l ;t n 13 t s vo t e . ''
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
' c o 11 ve r s a i i 0 n s td i t h ' 11 o t () 11 ly sh e 4% i f f s i n my d i s t 1% i c t b u t
. a r () $1 'n d t In e st a t e , '
T In i. s i s a r ea l b u r d en 'r (1 r (1 o $Jn sta t e
c () u n t i. e s t () t r a n s p 0 r t t I-I ese j u ve n i. 1. e s ?:1 t :1 i. r:l h t ? b 1* i n $1 t h em
. 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
Tn i g h t n e e41 t () c f) n s i d er . I ïn a 9 i n e y o tl r c o $1 n t y 17 e t n g t In e
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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tl e p u t i. e s t h B t y o u h a v e a p e B c c o lnp E1 ï1 y i. n g t h a t j u v e n i 1. e t ()
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e r o t e c: t i. o n f* n v' t h e !- e st o 'r t h e c: it i .z e!! s 1 N o t o 1* t b e? i. r o bl n
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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' i b tl 't ' t 13 e s t a t e tJ(, r r y i n g a 11 (1 l.l 't a IQ 0 )( o f t 43 ebl e r e t a 1 k n g a (, .
. 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
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
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
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
143rd Legislative Day November l5, 1990
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
STATE OF ILLINOIS86th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
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
143rd Legislative Day November l5, 1990
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
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
'
143rd Legislative Day November 15, 1990
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
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
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
STATE OF ILLINOIS86th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
143rd Legislative Day November l5, 1990
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
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
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
143rd Legislative Day November 15, 1990
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
STATE OF ILLINOIS86th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
143rd Legislative Day November l5, 1990
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
STATE OF ILLINOIS86th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
113rd Legislative Day November l5, 1990
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
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
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
STATE OF ILLINOIS86th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
143rd Legislative Day November l5, 1990
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
STATE OF ILLINOIS86th GENERAL ASSEMBLY
HOUSB OF REPRESENTATJVESTRANSCR:PTION DZBATE
113rd Legislative Day November 15, 1990
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?''
Clerk Leone: ''The Gentleman is recorded as voting 'aye'.''
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?''
Clerk Leone: ''The Gentleman is recorded as voting 'aye'.''
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
HOUSE OF REPRESENTATIVESTRANSCRIPTION DEBATE
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
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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
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Haq-ntso RssobuTloN OFFER:: PAGE :Ij HJR-Ol51 AOOPTEO PAGE 4I HJR-Ot5t RESGLUTION QFFERE: PAGE #l HJR-0152 AOOPTEO PAGE 4II HJR-ol52 RESOLUTION OFFERED PAGE #i HJq-ot53 àncpTEn PAGE 4i HJR-0t53 RESOLUTION OFFERED PAGE 4
HJR-ol5# A00PT60 PAGE 4: HaR-0k54 RES:LUTION OFFERE: PAGE *
I HJR-0155 A00PT60 PAGE kHaR-0ï55 RESOLUTION OFFEREO PAGE *I
I SUBJECT MATTER
HOUSE T0 ORDER ZPEAKER DRESLIN PAGE kPRAYER - PASTOR HOUGSTED PAGE lPLFDGE DF ALLEGIANCE PAGE 2
i ROLL CALL F0R ATTENDANCE PAGE 2AGREED RESOLUTIONS PAGE #DEATH RESCLUTIONS PAGE 4CONYITTFE REPORT PAG6 5INTROUDCTIQN - HANG tEE PAGE 9REPRESENTATIVE GIORGI IN THE CHAIR PAGF to
MESSAGES FROH THE SENATE PAGE 12! REpqEsEsrArlvE MCUNG IN THE cHàla PAGE 22I AGREED RESOLUTJCNS PAGE 35
GENERAL RESOLUTIONS PAGE 35MESSAGE FROM rHE SENATE PAGE 35ADJOURNMENT PAGE 35PERFUNCTORY SESSION PAGE 36I'ESSAGE FROH THE SENATE PAGE 37
j PFRFUNCTORY SESSION - ADJOURN8ENT PAGE 37
!