"The House will be in order and those persons not entitled to the floor will be removed therefrom. The invocation will be by our House Chaplain, Dr. John Johnson."
"We pray. Merciful God, we invoke your Presencewith us this afternoon and all of the Sessions this week. Grant that we may ever be ready to receive your words and treasure your Commandments. Make our years atten- tive to wisdom and incline our hearts to understanding. Be a shield of defense to us and to all who walk in integrity. Grant that we may understand Righteousness, Justice and Equity. And that we may seek to walk in your ways. Deliver us from evil and those of perverted speech, who would for- sake the paths of uprightness to walk in the ways of dark- ness. Let us never forget your teachings. Let not loyalty or faithfulness forsake us. Teach us to trust in You with all of our heart and rely not upon our own insights. Keep us from appearing wise in our own eyes as we fear and honor your holy name. In this wisdom, O Lord, let us walk today on our way securely that you, O Lord, will continue to be our confidence. We pray for this wisdom in the name of Him, who is our Wisdom and Righteousness, even Our Savior, Jesus Christ. Amen."
"Roll call for attendance. The gentle- man from Union, Mr. Choate."
"Mr. Speaker, would you please let the Journal reflect the illness of Representative James Carter, who is GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES who is hospitalized and Representative McDermott."
"The Journal will so show. Alright.. with the leave of the House, we will go to the order of Resolutions."
"House Joint Resolution, Hyde: WHEREAS, An issue, dated May 11, 1972 of the IFT Capitol New Round-up, a publication of the Illinois Federation of Teachers, AFL-CIO, edited by Oscar A. Weil, charged that the Illinois Education Association 'has approached many legis- lators with offers of money, staff assistance, and other support in return for votes in favor of House Bill 3632 or Senate Bill 1112'; and WHEREAS, It is imperative that a full and prompt investiga- tion of these charges be made in order that prompt remedial and punitive action may be taken in the event of any wrong- doing and also that any cloud cast on the reputations of innocent parties by such indefinite and unsubstantiated charges by removed; and WHEREAS, The Illinois Legislative Investigating Commission Act establishes a permanent commission of the General Assembly with power to investigate, pursuant to resolution adopted by both houses, any matter upon which the General Assembly may legislate; therefore, be it RESOLVED, By the House of Representatives of the Seventy- seventh General Assembly of the State of Illinois, the Senate concurring herein, that the Illinois Legislative Investigating Commission, pursuant to its powers under the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 4. Illinois Legislative Investigating Commission Act, be directed to conduct a prompt and thorough investigation into the charges made by Oscar A. Weil, of the Illinois Federation of Teachers, concerning alleged misconduct with respect to legislative matters on the part of the Illinois Education Association, and to report its findings and recommendations to the two houses of the General Assembly on or before June 5, 1972."
"The gentleman from Christian, Mr. Tipsword."
"Mr. Speaker and Ladies and Gentlemen of the House, ah.. I would move you that this House Joint Resolu- tion 134 be adopted immediately upon the waiving of the appropriate Rules of the House."
"Alright.. The gentleman has asked for leave to waive the provisions of Rule 53a, so that this matter may be considered immediately. Does the gentleman have leave? Alright, the rule is suspended and now back to the gentleman from Christian, Mr. Tipsword."
"I now move you, Mr. Speaker, that this House Resolution 134 ah.. do not be adopted by this House of Representatives."
"Alright.. Is there discussion? All those in favor of the adoption of the Resolution say 'aye', opposed 'no', the 'ayes' have it and the Resolution is adopted. Now we'll go back to.....Alright.. House Bills Third Reading. House Bill 179." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 5.
"House Bill 179, of bill for an Act to amend 'The Illinois Drainage Code'. Third reading of the Bill."
"The gentleman from Cook, Mr. Juckett."
"Mr. Speaker and Ladies and Gentlemen of the House, this is a Bill in regard to the Department of Transportation. When the original series went through, it neglected to change a portion of the statute to reflect the new Department of Transportation. And this Bill will do just that. And I urge adoption of the Bill."
"Is there further discussion? The ques- tion is, 'shall House Bill 179 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 131 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. House Bill 181."
"An Act to amend an Act relating to the Illinois and Michigan Canal. Third reading of the Bill."
"The gentleman from Cook, Mr. Juckett."
"Mr. Speaker, I would ask leave to include House Bill 182 and 187, because they pertain to the same matter of changing the name to the Department of Transporta- tion."
"Does the gentleman have leave? The Clerk will read 182 and 187."
"House Bill 182, an Act to amend an Act GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES relating to the Illinois Michigan Canal. Third reading of the Bill. House Bill 187, an Act to amend an Act relating to Lake Calumet. Third reading of the Bill."
"Mr. Speaker and Ladies and Gentlemen of the House, these three Bills are similar to 179 where it changes the name of the various Departments to the Depart- ment of Transportation to conform with the Act creating that Department. And I urge the support of these three Bills."
"Is there further discussion? The ques- tion is, 'shall these three Bills pass?'. All those in favor will vote 'aye', and the opposed 'no'. The Clerk will take three Roll calls. Have all voted who wished? The Clerk will take the records. On each of these Bills the vote is 138 'Ayes', and 1 'Nay', and each of these Bills having received the Constitutional majority is hereby declared passed. House Bill 4160."
"House Bill 4160, a bill for an Act to amend an Act relating to State Finance. Third reading of the Bill."
"The gentleman from Cook, Mr. Regner."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4160 repeals a Section of the State Finance Act that prohibits the Bill from containing an appropriation for more than one Office, Department Agency or Commission. The repeal of this Section was allowed for a consolidation of appropriations for more than one Agency to be incorporated in one Bill. This would allow a more.. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES a better overlook or overview of the total appropriations for this specific area. I solicit your favorable vote on this Bill."
"The gentleman from Cook, Mr. Shea."
"Will the Sponsor yield for a question? As I understand the proport of this legislation, it's that all appropriation may be made in one Bill or that appropria- tions to the several Agencies in the Department of State Government could be made into two or three Bills. Is that correct?"
"That is correct."
"Inotherwords, if this legislation were to pass, we could amend or the Governor or whoever decided to could put in one appropriation Bill to cover all expenses in any one calendar of fiscal year by this General Assembly. Is that correct?"
"He could, Representative Shea, or they could be done... Inotherwords, this Bill then would further allow us to facilitate our Constitutional Mandate with regards to limiting the appropriations by this Body to the amount of available revenue we find."
"Yes, Sir. I think that it is an extremely good Bill."
"Is there further discussion? The ques- tion is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? Now, in order to facilitate the business for the rest of the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 8. day, I'm not going to recognize these votes when the switches are open. They are open now and there going to have to come up and put your name on the ah..sheet here, if you're going to be added. Have all voted who wished? The Clerk will take the record. On this question, there are 131 'Ayes', and 5 'Nays', and this Bill having received the Constitutional majority if hereby declared passed. House Bill 4161."
"House Bill 4161, an Act in relation to State Finance. Third reading of the Bill."
"The gentleman from Cook, Mr. Regner."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4161 amends the State Finance Act to pro- vide that the Chairman and Minority Spokesman of the House Appropriations Committee and the Appropriations Division of the Senate Public Finance Committee receive informational copies of all transfers of Appropriations among line items. Currently, these records are sent only to the Clerk of the House and Secretary of the Senate and it is actually the Appropriations Committee people that are using these. And I would solicit your favorable vote on this Bill."
"Further discussion? The question, is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 139 'Ayes', 2 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 4590."
"House Bill 4590, a bill for an Act to amend GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 9. an Act to regulate the disclosure of information concerning firearm registrants. Third reading of the Bill."
"The gentleman from Cook, Mr. Kosinski."
"Mr. Speaker, Ladies and Gentlemen of the House, I am proud to say that this Bill passed Judiciary II with an unanimous vote. It came about by recent editorials which agitated for public disclosure of gun registration records. While the reasoning behing this may have been of some merit, the dangers in my mind far outweigh the advan- tages. Public disclosure of gun 'registration records will essentially provide a catalogue, a catalogue of locations of weapons for any burglar or other felon who wishes such a source of deadly weapons. With increased measures of guns control potentially to be mandated, the possibility of in- creased illicit traffic of guns on other potential industry is becoming apparent. To provide the criminal with tailor made sources of these guns is ridiculous. The law biding citizen, and I speak specifically of Chicago, and it could extend to the rest of the State, who complied with gun regis- tration didn't presume that he would put his home and his family in jeopardy by burglary and home invasion with such compliance. In fact, in our area, he was assured that was not. He deserves the protection of secrecy of ownership. And I ask for your vote on this Bill."
"Is there further discussion? The gentle-- man care to close?"
"In closing, Gentlemen, the Bill mandates GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 10. that these records will be open to authorized Law Enforce- ment Agencies and, of course, to the Courts. Thank you."
"The question is, 'shall this Bill pass?' All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The clerk will take the record. On this question, there are 148 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. House Bill 4361."
"House Bill 4361, a bill for an Act to amend the 'County Cooperative Extension Law'. Third reading of the Bill."
"The gentleman from Livingston, Mr. Hunsicker."
"Mr. Speaker and Ladies and Gentlemen of the House, House Bill 4361 amends the 'County Cooperative Extension Law'. Provides for creation of Executive Council composed of Representatives of Counties and County Councils. Specifies additional powers of the County Council. Changes the term from the County Board of Supervisors to County Commissioners to the County Governing Board. Provides for State appropriations to the Extension Board and Agricultural Premium Funds for Cooperative Extension Service Programs. It increases the amounts Governing Boards may appropriate from General Corporate Funds for Extension Programs reduced by the amount of other Private Grants."
"Discussion? Further Discussion? The question is, 'shall this Bill pass?'. All those in favor GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 11. will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 142 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority if hereby declared passed. House Bill 4300."
"House Bill 4300, a bill for an Act to amend an Act relating to Counties. Third reading of the Bill."
"The gentleman from Knox, Mr. McMaster."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4300 brought on by the new Constitution. It says, in effect, that we are adding a Section stating that the State Law prevails over County Ordinance when the two conflict regarding powers and duties of County Officers. I would be glad to answer any questions. And I urge support of this Bill."
"Any further discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 141 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 4393."
"House Bill 4393, a bill for an Act to amend the 'Illinois Veterans Commission Act'. Third reading of the Bill."
"The gentleman from Stark, Mr. Nowlan." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 12.
"Mr. Speaker and Members, this proposal simply provides that those persons who have served during the Viet Nam conflict may also be considered among those per- sons ah.. who could be appointed to the Illinois Veterans Commission which is a three Member Commission. And I ask for your favorable support on this proposal."
"Is there discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye' and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 136 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority if hereby declared passed. House Bill 4394."
"House Bill 4394, an Act to amend the 'Military and Naval Code'. Third reading of the Bill."
"The gentleman from Stark, Mr. Nowlan."
"Mr. Speaker and Members, this proposal simply clarifies the fact that the Illinois National Guard and the Adjutant General have authority to make and enter into con- tract agreements with the Federal Government on matters re- lated to the Guard and the Naval Militia. The Guard had previously been entering into many agreements with the Federal Government related to equipment. But they want this authority clarified and this simply gives them clear authori- ty to do what they have been for several years. I ask for your support."
"Discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES the opposed 'no'. Have all.. The gentleman from Cook, Mr. Lechowicz."
"Mr. Speaker, I ask your indulgence in requesting if the Sponsor would yield to a question?"
"Proceed."
"Thank you, Mr. Speaker. Without know- ing who is presently entering these Contracts, I was wonder- ing if this Bill passes would the final approval.. or would the approval of the Adjutant General in conjunctionwith the Governor of the State of Illinois?"
"The gentleman from Stark, Mr. Nowlan."
"Ted, as I understand it, the ah.. the Gov- ernor as the Commander and Chief would have the final authori- ty, but this Bill delegates authority to the Adjutant Gen- eral to enter into these many agreements over the millions of dollars of equipment which the Federal Government assigns to the Guard Units. And this is ah.. the type of relation- ship which, I understand, they've had for many years. But, the Guard went to the Attorney General to ah.. clarify ah.. the extent to which they had the authority. The Attorney General advised that while there was implied authority to execute these types of Contracts, it was not clearly defined. And so this was the reason for it."
"Thank you."
"Okay. Have all voted who wished? The Clerk will take the record. On this question, there are 140 'Ayes', and no 'Nays', and this Bill having received the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 14 Contitutional majority is hereby declared passed. 4074."
"House Bill 4074, a bill for an Act to amend 'The Vehicle Code'. Third reading of the Bill."
"The gentleman from Vermillion, Mr. Craig."
"Mr. Speaker and Members of the House, House Bill 4074 provides that legislative service for the purpose of.assigning of license plates being based on the same num- ber of years that he has been paid his Pension Plan. He's been paid for twelve years, but on his license plate, he's only receiving ten years. This come about when he was serving in the Senate reapportioned out in the middle of his term and he was paid for the remainder two years. This would put him back in his Seniority where he belongs. I urge your support of this measure."
"Is there any...."
"He's one of our own Members here. Right on the floor of the House." Hơn. W. Robert Blair: "The gentleman from Cook, Mr. Hyde."
"Well, I think, Mr. Speaker, that that Member ought to be identified. Especially if he's wearing a red jacket."
"The gentleman from Cook, Mr. Garmisa."
"While a got a mouth full of sandwich, Mr. Speaker, this merely corrects an inequity that's been on our books which the handbook actually shows me with ten years of service. I do have twelve. I was elected to a four year term in the Senate redistricted out after two years. And GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES this can not be done administratively and this is the only way the Secretary of State can achieve his ah.. ah.. take care of this inequity. Thank you."
"Further discussion? All those in favor to pass this Bill will vote 'aye', the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 130 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 4495."
"House Bill 4495, a bill for an Act to amend 'The School Code'. Third reading of the Bill."
"The gentleman from Cook, Mr. Glass."
"Thank you, Mr. Speaker and Ladies and Gentlemen. House Bill 4495 changes the name of the Building Fund to the Operations Fund. Ah.. this applies to Elementary and Secondary School Zoning. Ah.. there's been some con- fusion over the years by the name Building Fund which re- ceives no State Aid. Many people voting in referendum be- lieves that it applies only or ah... specifically to new construction of buildings when, in fact, the primary purpose of the Fund is to maintain the operations of the building. So, this Bill which was requested by many School Boards particularly in the Cook County Area will change the name 'Building' to 'Operation'. Ah.. it ah.. had no opposition in Committee and I urge your support."
"Discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 141 'Ayes', and no 'Nays', and this Bill having received the Constitution- al majority is hereby declared passed. 4496."
"House Bill 4496, a bill for an Act to amend the 'Public Junior College Act'. Third reading of the Bill."
"The gentleman from Cook, Mr. Glass."
"Thank you, Mr. Speaker, Ladies and Gentle- men. This is a similar Bill to the one that we just passed. It, however, applies to Junior Colleges and after the re- question of the Junior Colleges ah.. the name instead of 'Operations' will be 'Building and Maintenance'. I request a favorable roll call."
"The gentleman from Cook, Mr. Juckett."
"Mr. Speaker, will the Sponsor yield for a question?"
"He indicates that he will."
"Are any of these funds available for building classrooms?"
"I'm not able to give you a specific answer, Bob. Ah.. it's my understanding that ah... the monies can certainly be used for maintenance and ah.. additions to exist- ing facilities. But, the primary purpose is for maintenance. The name, I might indicate again, the name change does not change the substantive portion of the law. It's merely the name of the Funds." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Robert S. Juckett: 17 "Well, my understanding is that both in the last Bill where it was changed from the 'Building Fund' to 'Operations' and on this one that these funds can indeed be used for building purposes. And I think that we might be misleading some of the people when we change the name of the 'Fund' away from 'Building'. And I think that this might be a bad idea rather than trying to truly identify what the Fund is for."
"Well, I think that ah.. your comments are appropriate. I might only say to you that for new construc- tion of buildings and the sale of bonds to provide for them there, of course, would have to be voter approval. And that's something entirely different. But the purposes of a Building Fund are specifically stated and I think that the, as I indicated, the general confusion has been that this Fund applies only to construction and I think that the name, especially in this case, Building and Maintenance is appropriate."
"Further discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 134 'Ayes', and 2 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 4289."
"House Bill 4289, a bill for an Act to amend 'The Park District Code'. Third reading of the Bill."
"The gentleman from Champaign, Mr. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 18.
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is a very simple Bill. Park Districts already have the authorization to issue revenue bonds for the acquisition of tennis courts, and in some areas, for zoos. Because of the number of old people that are now being brought into programs in the various Park Districts throughout the State of Illinois, it has been requested that it be extended for other recreational pur- poses. And that's all this Bill will do is add other re-. creational purposes to tennis, zoos which is already per- mitted by State Statute. I'd appreciate a favorable roll call."
"Further discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 138 'Ayes', and 3 'Nays', and this Bill having received the Constitutional majority if hereby declared passed. 4483."
"House Bill 4483, a bill for an Act to amend 'The Election Code'. Third reading of the Bill."
"The gentleman from Kane, Mr. Waddell."
"Mr. Speaker, Ladies and Gentlemen of the House. What this Bill does is require Clerks and Boards of Election Commissioners to ah.. furnish you, upon your request, and at no cost to yourself, or those who are run- ning for State Office, a copy of the Audit of the results of the Election. Ah.. I ask your support." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 19.
"The gentleman from Cook, Mr. J. J. Wolf."
"Just one question to the Sponsor."
"He indicates he'll yield."
"Ah.. Representative Waddell, this abstract to vote, would that be precinct by precinct?"
"Correct."
"That's what your talkin? Not just the total?"
"Correct."
"Thank you."
"The gentleman from Cook, Mr. Lechowicz."
"Mr. Speaker, will the Sponsor yield to a question?"
"He indicates he will."
"I agree with the concept of the Bill, but I was wondering if any one has rated the possibility of the time involved. It says two days after receipt. Now, it's fine if you have a small number of elections or your County is of a certain size. But, I was wondering exactly what difficulty this would pose for the County of Cook and also the Chicago Board of Election Commissioners. I think that if you give them a realistic date, they could possibly abide by it."
"I don't believe ah.. that is the case, be- cause of what they really do is it's taken at the time of the canvas. There are copies that are made. One copy, for example, is sent down here, other copies for both the Chair- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 20. man of both Political Parties and it would be merely the making of an additional copy."
"But, I don't believe that they sent it down precinct by precinct. I think that they give you a total as far as the total vote within the City of Chicago and the give you a total vote of the City of Chicago and Cook County."
"What this really does is the fact that in the areas where you have many Counties in a District, for example, Downstate, in my own case, five Counties, it would take all day just to go from one County seat to the other without time to copy anything. What this says, in effect, and we have Districts that have twelve Counties in them. What this says, in effect, is that you shall be furnished this upon your request. And therefore, you do not have to take a weeks time out to just run around and try to copy this."
"The gentleman from McLean, Mr. Hall."
"Representative Waddell, I wonder if when you ask for an abstract that includes all of the Offices....... an abstract that includes every Office and every Candidate in all of the precincts, and this is quite a lengthy thing, I wonder if your Bill, since I haven't read it, would indi- cate that ah.. those Candidates who request this are re- questing only those Offices... only those State Offices, not all other County and Local Offices."
"The gentleman from Kane, Mr. Waddell." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES R. Bruce Waddell: "The Bill states that for only your own Office and only in your own District."
"Any further discussion? The gentleman care to close?"
"No."
"No, alright. The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 101 'Ayes', and 2 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 2890. House Bill 2890."
"House Bill 2890, a bill for an Act to amend an Act relating to judicial review. Third reading of the Bill."
"Alright.. The gentleman ah.. from Cook, ah.. Mr. Shea."
"Mr. Speaker, with leave of the House, I would like to table House Bill 2890, before our ppor Majority Leader has a stroke over there."
"Does the gentleman have leave? Alright.. we'll table 2890. 4426."
"House Bill 4426, a bill for an Act to amend the 'Illinois Local Library Act'. Third reading of the Bill."
"The gentleman from Sangamon, Mr. Jones."
"Mr. Speaker, Ladies and Gentlemen of the House, at the present time, the Local Library Act, the building under the Board of Directors may lease from a Public: GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 22. Building Commission a Library facility for only in the Cities of 500,000 or more. This Bill deletes the language of 500,000 or more. So, Downstate Libraries, ah.. may be eligi- ble. I move for a favorable vote."
"Is there... The gentleman from Cook, Mr. Shea."
"Are you changing the provision with regards to the 20 years or was that in there before? Because, it just got extended to 40, I think."
"It's removing the 500,000 as a limit so that Downstate Cities may..."
"I don't know if this Bill was drafted in the reference Bureau, but the power are enumerated, I think, specifically in this Section of the Act, were extended from 20 to 40 years in conformity with the new Constitution. And I'd hate to see we find ourselves in a hiatus were we've got ah..ah.. we pass a piece of legislation changing it from the 40 back to the 20. So, could you look at that, please, Dave?"
"I meant to change, if necessary. Yes, Sir.
"Is there any discussion? The ques- tion is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 131 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 4331."
"House Bill 4331, a bill for an Act to amend GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 'The Pension Code'. Third reading of the Bill."
"The gentleman from Cook, Mr. Moore."
"Mr. Speaker, I would like to have leave to have House Bills 4332 and 4333 ah.. considered in the same package. Their companion Bills that pertain to Senate Bill 1180 which is in the House. There is an understanding that these Bills will be held in the Senate pending upon what this House does with Senate Bill 1180."
"Does the gentleman have leave? Is there objection? The gentleman from Cook, Mr. Shea."
"Are you talking about 1130, now?"
"No. No. I'm talking about House Bills 4331, 4332 and 4333 which are companion Bills that bring into line ah.. the 'Pension Code', 'The Municipal Code' and 'The Civil Service Act'. To bring them in line with Senate Bill 1130, which is on the ah.. Senate Calendar, Second Reading, Representative Shea."
"It's my understanding that Senator Dougherty is going to handle these in the Senate?"
"I imagin Senator Dougherty or Senator Carroll, someone on the Legislative Advisory of Public Aid."
"If Senate Bill 1130 does not pass.."
"These Bills will be tabled."
"Alright.. Is there objection? Read 4332 and 4333."
"House Bill 4332, a bill for an Act to amend 'The Municipal Code'. Third reading of the Bill. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 24. House Bill 4333, a bill for an Act to amend an Act relating to Counties. Third reading of the Bill."
"The gentleman from Cook, Mr. Moore."
"Thank you, Mr. Speaker, I have already explained the purpose of these Bills. They are companion Bills to Senate Bill 1130. Ah.. they bring 'The Illinois Pension Code', 'The Illinois Municipal Code' and the ah.. 'The County Civil Service Act' into conformity with Senate Bill 1130. Ah.. these Bills will be held in the Senate depending on the outcome of Senate Bill 1130. If it does not pass, these Bills will be tabled. And, at this time, I move for a favorable vote on these three Bills, Mr. Speaker."
"Is there further discussion? The ques- tion is, 'shall these three Bills pass?'. All those in favor will vote 'aye, the opposed 'no'. The Clerk will take three Roll calls. Have all voted who wished? The Clerk will take the records. On these question, the vote is 142 'Ayes', and no 'Nays', and each of these Bills hav- ing received the Constitutional majority is hereby declared passed. Alright.. 4529. I understand that the Gentleman from Morgan desires leave. Take that Bill back to second for purposes of Amendment. Does the gentleman have leave? Alright.. the Bill is back on Second Reading now and the Clerk will read the Amendment."
"Amendment No. 1, amends House Bill 4529, Rose, amends House Bill 4529 on page 1 by deleting line 13 and in- serting in lieu thereof the following: 'is authorized, upon GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES payment..."
"The gentleman from Morgan, Mr. Rose."
"Mr. Speaker, what 4529 does is authorize the sale State land in Jacksonville to the. City of Jacksonville for public purposes. We, inadvertently forgot to include the sale price. This Amendment does that. I move its adoption."
"Is there any discussion? All those in favor of the adoption of the Amendment say 'aye', the opposed 'no', the 'ayes', have it and the Amendment is adopted. Are there further Amendment? Back to Third reading. 4086. I understand that the gentleman from Cook, Mr. Telcser, desires leave to have that brought back to Second for pur- poses of an Amendment. Is there leave? Alright.. it's back on Second. Read the Amendment."
"Well, Mr. Speaker, Ladies and Gentlemen of the House, when House Bill 4086 was in the order of Second Reading, we adopted Amendment No. 2. Subsequent to the adoption of that Amendment, the Clerk's Office noted that there was an error in the Amendment. And so, I would now move, Mr. Speaker, that we table Amendment No. 2 to House Bill 4086."
"Alright.. Is there leave? Then that will be tabled. The gentleman from Cook... Read the Amend- ment."
"Amendment No. 3, Telcser, amends House Bill 4086, as amended on page 1, line 22, by striking $1,812,300 GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 26 dollars and inserting in lieu thereof $1,590, 100 dollars."
"The gentleman from Cook, Mr. Telcser."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment No. 3 reflects the agreed ah.. lines of reduction which were adopted with Amendment No. 2. Also corrects an inadvertent error which appreared in Amendment No. 2. Representative Lechowicz is aware of this. He agrees with the Amendment. And I now move, Mr. Speaker, to House adopt Amendment No. 3 to House Bill 4086."
"The gentleman from Cook, Mr. Lechowicz."
"Mr. Speaker, that statement is correct, except that Amendment No. 3 does not have the line items in it as Amendment No. 2 did. And I thought that we were going to table the bottom portion of 2 and put this one in its place. Because, actually, the only problem with Amendment No. 2 is a additional situation on the bottom of the Amend- ment. So, if you take a look at Amendment No. 3, Art, it doesn't have the line items in it."
"Mr. Speaker, let's... can we leave this on the order of Second reading and I'll walk over and talk with Ted. And then we'll pick it up up and see were we are."
"Alright.. 4425. I understand that the gentleman from Randolph, Mr. Springer desires leave to bring that back to Second. Hearing no objection, it will be brought back and the Clerk will read the Amendment."
"Amendment No. 1, Springer, amends House Bill 4425." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Hon. W. Robert Blair: "The gentleman from Randolph, Mr. Springer."
"Mr. Speaker and Ladies and Gentlemen of the House, Amendment No. 1 to House Bill 4425 deletes Sections 16-121, 16-133, 16-140 which was opposed by the Illinois Federation of Teachers. The Amendment now satis- fies their opposition. And the Bill itself will now pro- vide services credit for unused accumulated sick leave. I move the adoption of Amendment No. 1 to House Bill 4425."
"Is there discussion? All those in favor of the adoption of the Amendment say 'aye', the opposed 'no', the 'ayes' have it and the Amendment's adopted. Are there further Amendments? Third reading. Alright.. I understand that the Gentleman from Cook, Mr. J. J. Wolf desires leave to have House Bills 1531, 32, 33, 34, 36 and 38, and 3795 brought back to the Second Reading for the purposes of Amendments. Is that right? Alright.. Is there any objec- tion? Okay. Read 1531. I mean its been read, read the Amendment. The gentleman from Cook, Mr. J. J. Wolf."
"Yeah, Mr. Speaker, this is Amendment No. 5 to House Bill 1531 and it was worked out with the ah.. Demo- crat Staff and I would move its' adoption."
"Alright.. Let's let the Clerk read it."
"Amendment No. 5, amends House Bill 1531."
"Alright.. That's enough. Is there fur- ther discussion? All those in favor of the adoption of the Amendment say 'aye', the opposed 'no', the 'ayes' have it GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES and Amendment No. 5 is adopted. Are there further Amend- ments? Third reading. 1532. Read the Amendment."
"Amendment No. 4 amends House Bill..."
"The gentleman from Cook, Mr. J. J. Wolf."
"Mr. Speaker, likewise, this was worked out with the help of the Democrat Staff. It clarifies ah.. the ah.. power of the Attorney General...."
"Is there further discussion? All those in favor of the adoption of the Amendment say 'aye', the opposed 'no', the 'ayes' have it and the Amendment is adopted. Are there further Amendments? Third reading. 1533."
"House Bill 1533, Amendment No. 3 amends House Bill 1533 on page 2 by striking lines 1 through 8 and insert- ing in lieu thereof the following: 'Sec. 28.1."
"The gentleman from Cook, Mr. J. J. Wolf."
"First of all, Mr. Speaker, I would like to move to table Amendment No. 2."
"Alright.. Ah.. does the gentleman have leave? Okay. The unanimous consent is given."
"Now, to move the adoption of Amendment No. 3."
"Alright.. Is there discussion on Amendment No. 3 to House Bill 1533? Hearing none, all those in favor of the adoption of the Amendment say 'aye', the opposed 'no', the 'ayes' have it and the Amendment is adopted. Are there further Amendments? Third reading. 1534."
"Amendment No. 3 amends House Bill 1534 as amended GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES on page 1, by striking lines 18 through 21."
"The gentleman from Cook, Mr. J. J. Wolf."
29 Jacob J. Wolf: "Just strikes unnecessary language and I move the adoption of Amendment No. 3."
"Discussion? All those in favor of the adoption of the Amendment say 'aye', the opposed 'no', the 'ayes' have it and the Amendment is adopted. Are there further Amendments? Third reading. 1536."
"Amendment No. 6 amends House Bill 1536 as amended on page 1, by deleting...."
"The gentleman from Cook, Mr. J. J. Wolf."
"This also was worked out with Staff. I move its adoption."
"Is there further discussion? All those in favor of the adoption of the Amendment say 'aye', the opposed 'no', the 'ayes' have it and the Amendment is adopted. Are there further Amendments? Third reading. 1538."
"Amendment No. 1 amends House Bill 1538 on page 2, line 8, by striking $10.00 and inserting in lieu thereof $5.00."
"The gentleman from Cook, Mr. J. J. Wolf."
"Reduces the late penalty filing from $10.00 dollars to $5.00 dollars. I move its adoption."
"Is there discussion? Let's see.. 1538 GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES is not on the Calendar ah.. Mr. Wolf. Ah..was that 1539 perhaps? Oh.. The Amendment says 38."
"I'll have to look closer. That's the way that the Amendment was drafted up and I just assumed that was the right Bill. I'll... Would you hold that one up for a moment?"
"Alright.. Let's take that one out of the record. 3795. Could that be on 3795? That Amendment?"
"37... or 1538 was tabled on May 4th, so it couldn't be that Bill."
"Alright.. ah..the gentleman from Cook, Mr. Lechowicz."
"Mr. Speaker, may I ask the Sponsor a question on this Bill?"
"Which one?"
"3795."
"Yeah. Okay. The gentleman from Cook, Mr. J. J. Wolf. The question is being raised now by the gentleman from Cook, Mr. Lechowicz. That Bill is back on Third reading now. I mean back on Second reading. He took it back to Second for purposes of an Amendment. But, we don't have the Amendment."
"Mr. Speaker, Members of the House, this Amend- ment No. 2 to House Bill 3795, it reduces the examination fee $25.00 to $15.00 dollars. Sets up that it will go into effect on January 1, 1973, in order for the Department to have time to gear up for it. And specifies that the Depart- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES ment shall give the examination at least once a month. Was worked out with the Department of Labor people and I move its adoption."
"The gentleman from Cook, Mr. Lechowicz."
"Mr. Speaker, in response to that Amendment, I was wondering if the Sponsor has any objection if the Department of Personnel, who is presently required by the State to conduct these various... Thank you, Mr. Speaker. I was wondering if the Sponsor would agree that the Department of Personnel should give these exam because.. give.. this exam because they do give exams on a monthly basis on many subjects and many qualifications for State Employment. And I was wondering why the Department of Labor was brought into this picture."
"Ah... I can't answer that question for you off-hand, ah.. Ted."
"Would you agree to it?"
"On first we have no objection. You want me to hold it up?"
"If you would, please."
"I'll hold it on Third reading then."
"Thank you."
"Further discussion? All those in favor of the adoption of the Amendment say 'aye', opposed 'no', the 'ayes' have it and the Amendment is adopted. Are there further Amendments? Third reading. Ah.. the.... In order to get the record straight on that last Amendment, it was GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 32. Amendment No. 2"
"Amendment No. 2, Wolf, amend House Bill..."
"Alright now... The gentleman has ex- plained it and ah.. we've had discussions. Is there any further discussion? All those in favor of the adoption of the Amendment say 'aye, opposed 'no', the 'ayes' have it and the Amendment is adopted. Are there further Amendments? Third reading. 773."
"House Bill... Where are we?"
"Alright.. take it off the record. 2218. The gentleman asks leave to take that back to Second for purposes of Amendment."
"House Bill.2218...."
"Alright.. Hearing none, the Clerk will read the Amendment."
"Amendment No. 1, Palmer, amend House Bill 2218 on page 1, by deleting lines 9 and 10 and inserting in lieu thereof the following: 'the Governor, any vested re- mainder Interest in fee simple in real property subject to a life estate and to spend for that'."
"The gentleman from Cook, Mr. Palmer."
"Mr. Speaker, and Ladies and Gentlemen of the House, there's been some question in the Department of Conservation in the Attorney General's Office as to the right of the Department of Conservation to acquire an inter- est in real estate encumbered with a life estate. This clarifies the law in that respect. I move you for its adoption." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 33.
"Further discussion? All those... The gentleman from Cook, Mr. Shea."
"Now, as I understand, the original Bill per- mitted the Department to acquire with the Governor in writing any vested interest in real property, regardless of the form of interest. Now, your talking about buying any vested remainder. Is that correct? Can you tell me why you want to make the changes?"
"Well, the question... the question as to the vested interest could mean a lot of things. What we're trying to do here is narrow it down to a life estate. There has been some question as to whether or not is the Depart- ment has had the right to acquire life estates. The Attorney General's informal opinion to the Department has contained a memorandum here that they did not."
"I..I can't hear you, Romie."
"The Attorney General has indicated to the Department of Conservation that there may be some question as to the right of the Department of Conservation to acquire a life estate interest. Now, there was some question under the present law. The Bill as originally written includes the words 'regardless of the form of that interest'. This Bill here narrows it down to a ah..to ah.. a situation of the vested remaining interest or remainder interest to property subject to a life estate. It narrows it down to that. As a matter of fact, as I understand, Mr. Maragos, has written it up this way. This is the way we'd like to GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES have it."
"Well, would you consider the dower interest of a woman a vested remainder?"
"Absolutely not. It can only take effect, if at all, upon the death of the Spouse. That's an inchoate right."
"Inchoate Right?"
"Yeah.. an inchoate right. There might be some other question as to the way the Bill was written as to whether or not it would confuse the question as to ah.. perpetual easements or rights in property which we can't touch, obviously. It was intended to only narrow down life estates to clarify the question as to that... the acquisi- tion of that Bill."
"But, that's not what the Amendment says."
"Representative Hyde, for what purpose do your rise, Sir?"
"Well, Mr. Speaker, Ladies and Gentlemen of the House, I do not like to intervene in this disucssion, but I have ah.. news item that just came to me from Mr. Schickel. that I think would be of interest to everyone here. Governor George Wallace has just been shot at a Shopping Center in Maryland and has been rushed to a Hospital. No one knows his condition. We have no condition reports, but the politics of assassination apparently continues. Ah.. if a condition report is received, I will relay it to you. He is in Laurel Park Maryland Hospital right now." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Hon. W. Robert Blair: "Representative Shea."
"Well, I won't oppose you amending the Bill. But, I will just say that this, I think, has some far reach- ing impacts on the type of interest the Department of Con- servation may acquire. And I think that in this last Ses- sion of this General Assembly, we awarded to that Department some awful far reaching powers. It looks like this is just extending it. And I will tell you now that on Third Reading, I want to take a hard look at this Bill."
"I suggest, Representative Shea, that you do just that. First of all, we're talking about vested interest. Secondly, we're talking about a remaining interest or a remainder interest. And that's it."
"Mr. Speaker, I move the adoption of this Amendment No. 1."
"Is there further discussion? The gentle- man has offered to move the adoption of Amendment No. 1, to House Bill 2218. All in favor signify by saying 'ayé', the opposed 'no', the Amendment is adopted. Are there fur- ther Amendments? Third reading. House Bill Third Reading. House Bill 2215."
"House Bill 2215, .... Does that have an Amendment? Give me the Bill. A bill for an Act to amend an Act relating to Local Governmental Law Enforcement Officers Training Board. Third reading of the Bill."
"The gentleman from Cook, Representa- tive Regner." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 36.
"Mr. Speaker, Ladies and Gentlemen of the House, until amended last week, this was a mandatory Police Training Bill. After amended, it provided that ah.. The Police Training Act will apply to ah.. Governmental Units under Home Rule on a voluntary basis rather than a mandatory basis. But, it does establish the ah.. Police Training under the ah.. 'Illinois Police Training Act'. I ask for a favorable vote."
"Is there any discussion? The ques- tion is, 'shall House Bill 2215 pass?'. All those in favor will signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. On this ques- tion, there are 99 'Ayes', and no 'Nays', and this Bill hav- ing received the Constitutional majority is hereby declared passed. House Bill 4397."
"House Bill 4397, a bill for an Act to amend distribution of township funds and guidance centers act. Third reading of the.Bill."
"The gentleman from Cook, Representa- tive Katz."
"House Bill ah.. 4397 amends the Act so as to make clear the right of The Board of Auditors of a Township to appropriate ah.. money from Township ah.. Funds for the purpose of a guidance center. It has to do with the use of these Funds and amounts not exceeding $10,000 dollars for taking care of the special kinds of problems relating to old people. Ah.. the Bill was unanimously reported out of the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 37. ah.. the Township Committee with an Amendment and which makes clear that The Board of Auditors rather than the Town Meeting will be the one that will make the decision as to the use of money for this purpose. I would ah.. move, Mr. Speaker, for the passage of this Bill."
"Is there any discussion? The ques- tion is, 'shall House Bill 4397 pass?': All those in favor signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. On this question, there are 127 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. House Bill 2734."
"House Bill 2734, a bill for an Act to amend 'The Vehicle Code'. Third reading of the Bill."
"The gentleman from Lake, Representa- tive Conolly. Is Representative Conolly on the floor? Do you want House Bill 2734 called? Take out of the record. House Bill 4603. Take that out of the record, because Representative Hart is not on the floor. House Bill 4429."
"House Bill 4429, An Act to amend Section 4 of the 'Timber Buyers Licensing Act'. Third reading of the Bill."
"The gentleman from Lawrence, Representa- tive Cunningham."
"Mr. Speaker and Members of the House, 4429 amends the 'Timber Buyers Licensing Act' to make the bond responsive when timber is cut inadvertently on adjacent GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES lands. It passed the Committee unanimously. Request your affirmative vote."
"Is there any discussion? The ques- tion is, 'shall House Bill 4429 pass?'. All those in favor signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. On this question, there are 128 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. House Bill 4430."
"House Bill 4430, a bill for an Act to create the forest reduction and transportation Act... forest product and transportation Act. Third reading of the Bill."
"The gentleman from Lawrence, Repre- sentative R. D. Cunningham."
"Mr. Speaker and Members of the House, 4430 is a companion Bill designed to protect timber against rustling. Provides penalties for illegal transportation or theft of timber. It, too, passed by the Committee unani- mously."
"Is there any discussion? The ques- tion is, 'shall House Bill 4430 pass?'. All those in favor signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. On this question, there are 128 'Ayes', and 1 'Nay', and this Bill having received the Constitutional majority is hereby declared passed. House Bill 4574."
"House Bill 4574, a bill for an Act to amend the 'Rural Rehabilitation Corporation Assests Adminis- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES tration Act'. Third reading of the Bill."
"The gentleman from Randolph, Repre- sentative Springer."
"Mr. Speaker and Ladies and Gentlemen of the House, House Bill 4574. The objective of the Bill is to clarify the language in two Sections of the Act and adds a new Section, all of which are necessary to meet the re- quirement of the Farmers Home Administration of the United States Department of Agriculture. FHA has interpreted after many months that the provision in the last paragraph of Section 3, which is being deleted by this Bill, prohibited the State of Illinois from writing an agreement with the U.S. Department of Agriculture that would authorize the use of Rehabilitation Trust Funds for purposes other than for straight farm loans, for capital and operating costs. For familiarization, again, the purposes for which these monies would be used for loans for soil and water conservation, waste management, loans to low income farmers, on the job training and educational training programs, assisting in financing students in College and vocational schools and assistance for the agricultural research and in related form activities. Passed the Agricultural Committee unan- imously. I'd appreciate a favorable vote."
"Is there any discussion? The ques- tion is, 'shall House Bill 4574 pass?'. All those in favor signify by voting 'aye', and the opposed by voting 'no'. Have all voted who wished? Take the record. On this ques- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES tion, there are 136 'Ayes', and no 'Nays', and this Bill hav-- ing received the Constitutional majority is hereby declared passed. House Bil1 3797."
"House Bill 3797, an Act to amend the 'Illinois Blood Bank Act'. Third reading of the Bill."
"The gentleman from Cook, Representa- tive Terzich."
"Mr. Speaker, Ladies and Gentlemen of the House, the House Bill 3797 simply provides that the ah.. necessary Blood Banks used for emergency care are to be made available at all ah.. Trauma Hospital Units designated by the State. This will bring substantial relief to the many thousands of Illinois Citizens who are suffering from hemo- philia, leukemia, sickle cell anemia and many related blood disorders. I urge your support."
"Is there any discussion? The ques- tion is, 'shall House Bill 3797 pass?'. All those in favor signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. On this question, there are 135 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. House Bill 3798."
"House Bill 3798, a bill for an Act to amend 'The Insurance Code'. Third reading of the Bill."
"The gentleman from Cook, Representa- tive Terzich."
"Thank you, Mr. Speaker. Ladies and Gentle- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 41. men of the House, thank you for your support on the last Bill. I have another Bill here. Ah.. 3798 ah.. many ah.. group insurance policies today ah.. do have certain exclu- sions in their policies with regard to the Hospital coverage of Blood and Blood clot.. and bi-products. House Bill 3798 simply states that ah.. Blood Products such as the processing and the administration charges of Blood Products and its components will be considered as a necessary service and would comply under a Hospital Policy. And I urge your sup- port of this Bill."
"Is there any discussion? The ques- tion is, 'shall House Bill 3798 pass?'. All those in favor signify by voting 'aye', and the opposed by voting 'no'. Have all voted who wished? Take the record. On this ques- tion, there are 131 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority if hereby de- clared passed. House Bill 4446."
"House Bill 4446, amends 'The Civil Admini- strative Code'. Third reading of the Bill."
"The gentleman from Lee, Representative Shapiro."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4446 allows the Director of the Department of Public Health to procure for certain designated employees insurance for liability arising from their employment to the extent of Policy Limits not exceeding $100,000 dollars. And I would appreciate a favorable vote." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 42.
"The gentleman from Cook, Representa- tive Shea."
"Could you tell me that at the present time aren't we self-insured for this purpose?"
"You mean the employees of the..."
"Isn't the State self-insured?"
"Oh.. I would understand ah.. It's my under- standing that ah.. recent cases that employees of the State have been subject to suits by citizens."
"Well, you know... As I..I understand it, we have a Commission studying this under Representative Regner as Chairman. Is this one of the Bills that came our of that Commission?"
"Ah.. I don't believe so, Representative Shea."
"Well, have... has the Department or anybody gone to ah.. to the Commission and suggested the need for this?"
"Ah.. Not to my knowledge."
"Because, this says 'that the Director can go out and buy this insurance'. There is no need for competitive bidding. He can go to his favorite broker and go out and buy this. I think that it leaves a lot to be desired in its present form."
"Ah.. I was handed the Bill. And it came out of Committee by an unanimous vote. I understand that the Department of Law Enforcement has the same type of ah.. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES insurance and that the Department of Conservation and the ah.. Division of Highways have also had the authority to procure this type of insurance."
"Yeah... But, that's why we put a Commission together to try to find out what we're doing in this field. Now, if we let each Department come in with a separate Bill and we let a Department Head go out and buy from his favor- ite broker friend with no requirement of bids, no require- ment that he takes the lowest ah.. the lowest form, I think that we're going to have our Department Heads out in the buying of insurance. I wish that before you call this, that you would discuss it with Representative Regner, because I'm sure that their working in this area now."
"Well, I'll tell you what we'll do, we'll take the Bill out of the record. And I'll have someone with the Health Department talk to you and Representative Regner and we'll come to a decision then."
"Thank you."
"Take it out of the record. You want this whole series out of the record. Is that right, Repre- sentative Shapiro?"
"Yeah."
"You don't want the others called. House Bill 4454. Is Representative Miller in his seat ah..? Yeah. Okay. Bernie will take it."
"House Bill 4454, a bill for an Act to amend the 'Illinois Insurance Code'. Third reading of the Bill." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 44.
"The gentleman from Cook, Representa- tive Epton."
"Mr. Speaker, Ladies and Gentlemen of the House, this Bill simply amends the 'Illinois Insurance Code' to correct reference to the word 'vested' and substitutes the word 'invested'. It is merely a grammatical correction. I move the adoption of this Bill."
"Is there any discussion? The ques- tion is, 'shall House Bill 4454 pass?'. All those in favor signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. On this question, there are 116 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. House Bill 4456."
"House Bill 4456, a bill for an Act to amend 'The Insurance Code'. Third reading of the Bill.".
"The gentleman from Cook, Representa- tive Epton."
"Gain, the Department of Insurance is trying correct some points of the Code. It eliminate some of the overlapping statutory coverage as regard to surplus require- ments of certain types of stock companies. It makes sub- stantially similar financial arrangements of stock used as reciprocal for insurance companies. Inother.words, it makes them all equal. It does not, in any way, lessen their responsibility financially or otherwise. I move the adoption of House Bill 4456." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 45.
"Is there any discussion? The ques- tion is, 'shall House Bill 4456 pass?'. All those in favor signify by voting 'aye', and the opposed by voting 'no'. Have all voted who wished? Take the record. On this ques- tion, there are .... Representative Shea, for what purpose do you rise, Sir?"
"I'm sorry, I just want to ask the Sponsor one question on the Bill, if he wants to answer it."
"I'm sure he would."
"Bernie, are you reducing the surplus require- ments for fire, marine insurance and those things?"
"No. The ah.. the surplus requirements vary from the one category to the other. There were some overlapping. It simply retains what we presently have. But, it makes sure that they're all identical. For example, in ah.. very simply the requirements for the all classes remain as here to form."
"Why is it in these Class II clauses E, F, and K where we're saying that in just fire and marine, we're reducing the surplus from a million and a half dollars down to $900,000 dollars?"
"Well, this was previously authorized a nine hundred dollar surplus in another Section, and the fact is it wasn't rectified in this particular Section of the Code."
"Thank you."
"Your welcome."
"Have all voted who wished? Take the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 46. record. On this question, there are 129 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. House Bill 4138."
"House Bill 4138, a bill for an Act to amend 'The School Code'. Third reading of the Bill."
"The gentleman from DuPage, Representa- tive Schneider."
"Thank you, Mr. Speaker. House Bill 4138 is a maternity leave Bill which designates that teachers in contractual service be given a year plus the time that they have the balance of that year to establish whether or not they would return to the School System of which they were a part without loss of any benefits at the time that they leave the School District. It conforms to much legislation that deals with maternity throughout the Country. I solicit your support on the Bill."
"The gentleman from Adams, Representa- tive McClain."
"Will the Sponsor yield to a question?"
"He indicates he will."
"Ah.. Glen, are saying that if, for example, that a teacher teaching third grade kids or fourth grade kids and the teacher would decide to keep on teaching while she's eight months pregnant. She can take a leave then and come back? But she can teach while she's eight months pregnant?"
"The decision whether she teaches or not, Elmo, is between the Physician and the Instructor. Not anything GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF RCPRESENTATIVES that's predetermined. Many of the court cases have ruled that you can't establish ah.. an exact time or ah.. time in which a teacher should leave, let's say the fourth month of pregnancy, the fifth month or the sixth, but rather, the decision has to be made on the basis of the ah.. teacher and the Physician."
"Alright.. One other question, please. What if the teacher ah.. who is taking a leave of absence is not married? Will she be allowed the leave of absence?"
"Take a leave of absence?"
"Well, will she be allowed maternity leave it she's not married and than come back and teach?"
"That decision again is covered in this Bill but the rarity of that occasion, Elmo, is ah.. pretty rare, indeed, I would say. So, I don't think there are go- ing to be many teacher, who are unmarried, who are going to remain as teachers in the public eye."
"Mr. Speaker."
"Proceed, Sir."
"Well than, I'm going to have to oppose the Bill. Ah.. I feel like it's wrong. What we're trying to do is if we're trying to hire teacher to set an example, and as yet my morals haven't come around to the fact, that whereby, I think that a teacher who would have an illegitimate child, not consummated by marriage, could take a leave of absence due to a maternity case and come back. Ah.. I can't support this type of Bill." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 48.
"The gentleman from Macon, Representa- tive Borchers."
"Ah.. Representative McClain, asked the question that I was going to ask. I just merely want to second his thoughts. And to say, that I too feel, this is very open ended as perfectly possible for a teacher unmarried to be pregnant in class and stay for eight months. Again, setting a very peculiar example to her classes no matter what the age, from Kindergarten to High School. But, I think that this Bill should be defeated."
"The gentleman from Cook, Representa- tive Juckett."
"Mr. Speaker, will the Sponsor yield to a question?"
"He indicates he will."
"It is my understanding that this teacher on a maternity leave will be allowed up to a year to make a decision as to whether to come back. Would this apply to male teachers, as well as the female teachers."
"If their pregnant, Bob."
"Would ah.. How would this statute go in comparison with House Joint Resolution *13? Would we be doing a useless Act by passing this?"
"I don't know how ah.. the H.J.R.C. *13 is going to go and really that's not the Bill that we're discussing, Bob. I'm convinced that this is still legisla- tion that we'll need in the light of ah..merging equal GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 49. rights for women. But I'm not going to say ah.. whether or not that it's going to be affected by that possible Consti- tútional Amendment."
"On a small District, let's suppose that you have one teacher for a particular grade level and you hire a new teacher when this teacher goes out on a maternity leave. What happens to that School District when the one teacher is hired for the new year and the other teacher de- cides to come back?"
"Well, as with most cases, is there is a replacement such as... there is provision for other illness- es and so forth, the temporary teacher is a temporary teacher. We're returning to the Staff the teacher who decides to come back. And I might say that there are a number of illustra- tions ah.. even within my own School Building where a person may become ill for six months. We hire a temporary replace- ment and he is hired with the understanding that he is a temporary replacement. And when the tenure teacher returns, than let's say the teacher is entitled to return at the position on the pay scale with the benefits that he had at the time of his departure. He gains no further experience. He does not gain on the salary schedule because of his absence, but he does retain basicially where he was at the time he leaves. So, as to a temporary teacher or a sub- stitute, that's exactly how he stays as a substitute."
"Is there further discussion? The gentleman from DuPage, Representative Schneider, is recognized GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES to close the debate."
"Mr. Speaker, basically the Bill tries to establish ah.. a concept that a person who ah..requests ma- ternity leave be allowed to return to the salary schedule and the level of benefits that she was receiving at the time of her departure. It introduces no really serious new con- cept, I don't think, except that it does ah.. try to draw a distinction let's say between an individual who is ill for a long period of time, who is taking a leave of absence, and then he is returned on the basis of his previous condition let's say as a tenure teacher on a certain step in the salary scale without losing those benefits. I think that we ah.. have worked to the detriment of the woman who has requested maternity leave. So, I solicit your support on the Bill."
"The question is, 'shall House Bill 4138 pass?'. All those in favor signify by voting 'aye', and the opposed by voting 'no'. Have all voted who wished? Take the record. On this question, there are 49 'Ayes', and 18 'Nays', and for what purpose does the gentleman from Du- Page, Representative Schneider, rise?"
"Mr. Speaker, I would like to have ah.. poll the absentees, please."
"No....."
"In the interest of time, my advisor has suggested we ask for consideration to postpone."
"On the advice of counsel? Can the gentleman have..... Well, pass out your cards, Hirschie. Hear- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES ing no objection, House Bill 4138 will be put on the order of postponed consideration. House Bill 4447."
"House Bill 4447, a bill for an Act to amend the 'Public Junior College Act'. Third reading of the Bill."
"The gentleman from Lee, Representative Shapiro."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4447 amend the 'Junior College Act' and extends the date for charge back tax levies to non-junior college territory from 1972 to 1974. And provides priority for contractual agreements over charge backs between Junior College Districts that enter into contracts. And I would ask for a favorable vote."
"Is there any discussion? The ques- tion is, 'shall House Bill 4447 pass?'. All those in favor signify by voting 'aye', and the opposed 'no'. Have all voted who wished? Take the record. On this question, there are 121 'Ayes', and 1 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. House Bill 4448."
"Mr. Speaker, Ladies and Gentlemen of the House....."
"House Bill 4448, an Act to amend the 'Public Junior College Act'. Third reading of the Bill."
"The gentleman from Lee, Representative Shapiro." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 52.
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4448 replaces the provision in the Law concerning State Apportionment which specifies that a dollar amount per semester hour are equivalent with a system of flat grants whereby the dollar amount will be specified in the Appropriation Bill. It also specifies that flat grants... flat rate grants shall be provided in courses that are normally part of the faculty orientated programs, oсси- pational programs, general studies and instructional pro- grams which are approved by the Illinois Junior College Board that applies to an Associate Degree or Certificate. And I would also ask for a favorable vote on this Bill."
"Is there any discussion? The gentle- man from Cook, Representative Shea."
"Right now, the law is set up at the dollar amount per hour on flat grants. Is it not? Now, you want to put it so that we've got to put it in the Appropriation Bill. And every time that we do it, it is subject to an Amendatory Veto by the Governor?"
"That could be the ah.. that could be what would happen but I...."
"Like he did last time?"
"No.. as I recall, the Junior College Board asks for this Bill the last time and the Governor vetoed it. That it should be specified in the Appropriation."
"Is there further discussion? The gentleman from Cook, Representative Juckett."
"Mr. Speaker, will the Sponsor yield for. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES a question?"
"Yes."
"If the fifteen fifty is removed from the statute, is there any limitation at all on the amount of money which could be paid for a semester hour?"
"It has to be specified in the Appropriation Bill as to what the flat grant per semester hour shall be."
"Well, would it mean that one particular subject might have a twenty dollar per hour limitation and another subject might have a fifteen dollar and another one. might have a ten dollar?"
"Only, if it's specified in the Appropriation Bill. And if that particular course is approved by the Junior College Board. Inotherwords, we now, in this year's Appropriation Bill, there will be a ah.. differentiation between the General Education Courses and Vocation Education-. al Courses. They will be funded at a different flat rate grant."
"Who are we giving then the authority to set the various rates?"
"The General Assembly."
"On each... Upon whose recommendation?"
"I would imagine the Junior College Board or we could amend it."
"Well, Mr. Speaker, and Ladies and Gentle- men of the House, I think that we're really opening the flood gates on this one. We have a standard fifteen dollar and GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES fifty cent limitation. But it appears that this type of legislation, we could have it all over the lot, depending on the type of subject, whose presenting it, etc., and I think that this is a very dangerous precedent that we would be setting. And I think in this time of need of monies, I just don't think that this is the time to do it. And I would urge a 'no' vote."
"The gentleman from Cook, Representa- tive Palmer."
"If the Sponsor will yield for a question." Rep. Arthur A. Telcser:. "He indicates he will."
"What about the tuition rates charged to the students, is this is a fluctuating amount to be determined each year by the General Assembly?"
"Tuition?"
"The amount that the student has to come up with."
"Tuition is determined by the Local Governing Board. Has nothing to do with this... this a appropriation or this Bill at all."
"Tuition is determined somewhat on the amount of money that the Junior College would obtain from the ah.. General Assembly. Would it not?"
"No. Tuition is determined locally."
"Is there further discussion? Does the gentleman wish to close?"
"Yes." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES
55 Rep. Arthur A. Telcser: "The gentleman from Lee, Representa- tive Shapiro, to close."
"Mr. Speaker, Ladies and Gentlemen of the House, I would say in defense of this Bill that provides ah.. that the amount of the flat grant shall be specified in appropriations. And the fact that this year, there will be a differentiation between General Education Courses and Vo-Ed Courses and there is ample evidence to support this concept. Everyone knows and everyone is aware that Vo-Ed Courses are much more expensive than General Education Courses. And therefore, the reason for the differentiation in the appropriation, I feel personally that the ah... if the flat grant rate is specified in the appropriation, that the safeguards are there just as if it were specified in the Law. And I would still ask for a favorable vote on this Bill."
"The question is, 'shall House Bill 4448 pass?'. All those in favor will signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? The gentleman from Rock Island, Representative Henss, to explain his vote."
"Mr. Speaker and Ladies and Gentlemen, this is a good Bill. What occurs at the present time is that the Governors' reduction veto is lost on this Appropriation Bill because the amount is written into the statute. He can not reduce the Appropriation to an amount and still give an increase to the Junior Colleges unless he has a Bill avail- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 56. able to him to send back to the Legislature with amendatory language. This will create an uncertainty with the Junior Colleges well into the School Year. So that, the procedure which is now being followed out of the new Constitution creates a great uncertainty in the amount of the Appropria- tion if the Junior Colleges are to have an increase. I think that you should vote for this Bill."
"Have all voted who wished? The gentle- man from Lake, Representative Matejevich, to explain his vote."
"Mr. Speaker, since I wouldn't want a 'no' vote to misinterpret my intent that I do favor ah.. greater ah.. State participation in Vocational Funds, however, I think that this differentiation could be done by specific provision. And therefore, I would like to be recorded at voting 'present'."
"Record Representative Matejevich as voting 'present'. The gentleman from Lee, Representative Lee, to explain his vote."
"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, I would like to ask leave of the House to place House Bill 4448 on postponed consideration. I'm positive, there has been misunderstanding on the Bill. It passed this House almost unanimously last year. And there is no reason it shouldn't this year."
"Does the gentleman have leave? House Bill 4448 will be put on the order of postponed consideration. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 57. House Bill 4543."
"House Bill 4543, a bill for an Act to amend 'The Insurance Code'. Third reading of the Bill."
"The gentleman from Cook, Representa- tive Epton."
"Mr. Speaker, Ladies and Gentlemen of the House, this is Bill that has been up before on several pre- vious days relative to some of the Amendments. At that time, we started to discuss this Bill and some questions were raised. Some how or another, the impression has been given erroneously, I should add, that this Bill is a regulatory, rate-making Bill. It is not. It has absolutely nothing to do with the rate making structure presently exist- ing, or I should say, non-existing in the State of Illinois today. This Bill is simply authorizes the existence of advisory organizations to compile statistics and to dissemin- ate them to the Insurance Industry. And the reason this is needed is because advisory organizations should be and must be regulated as they were previously by the Department of Insurance prior to August 1, 1971. Illinois could be faced with Federal intervention and an anti-trust area unless this particular Bill is passed. An now amongst other things, Article thirty and a half regulated.advisory organizations. If you'll recall that the attempts last year to extend the time of this Article failed. And thus, we have no legisla- tion presently pending to regulate either the rates or any advisory organization. Now, I should add, that this Bill GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 58. came about primarily as a result of inquiries made by brokens in the State of Illinois. These inquiries were directed to the Illinois Study Commission and we had some hearings. And, we found out that without getting into the rating structure that we needed some legislation to allow the De- partment of Illinois to step into certain areas. Although, they could not and under this they cannot affect rates or regulate rates. They should have this authority to regulate advisory organizations. As a result of these hearings, Representative Krause, Representative Miller, Representative Yourell and Representative Sevcik and I sponsored this Bill which is a creature of the Illinois Study Commission. It permits the Department of Insurance to examine these Ad- visory Organizations and their Members to make sure that the insurance data is being used correctly and to make sure that these organizations and companies are in compliance with the Article. If violations are found, the Director may issue a cease and desist order and may revoké or sus- pend their license. It specifically prohibits these organi- zations from formulating and distributing prices for insur- ance policies by limiting them to compiling insurance sta- tistics and preparing insurance policies, bond forms and underwriting rules. Now, much of this information is at your desk in the form of a fact sheet which was prepared. It corrects the problem, the situation which the commercial brokers and insurance agents are presently facing. Our municipalities in Township classifications for fire protec- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES tion cannot be presently updated to reflect improved condi- tions. This is simply because the authorization for dis- tributing this information to the insurance companies is needed. Now, the Department of Insurance will be handi- capped in effectively regulating all of these insurance activities which should be regulated. I should add, that the Director of Insurance has been here and has personally spoken to many Members of the floor. The reason the Depart- ment of Insurance has not asked for these powers before was because they would have been in conflict with the open competition law in the fire approval rating. As it presently exists in Illinois, we have neither one. And therefore the Department feels this is extremely key in effective regulation. They were pleased that the Insurance Study Commission ori- ginated this Bill. I should add, that the administration, likewise, although it is a bipartisan Bill, they have indi- cated their full support. And, finally to make it just a little bit more palatable for all of us, and we are well aware of the fact that in the opinion of many of us dis- crmination has been exercised by many of us in the City of Chicago. We are very upset. We are vitally opposed to the four zone area in the City of Chicago. And just to make sure, we add an additional protective measure in this Bill. The first Amendment that we put on makes it dis- criminatory for any insurance company in the State of Illi- nois to base their rates upon a geographical division in the City of Chicago. I think that is important to those of us GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES who for many years have been fighting the discriminatory policy. And I should add that this Amendment was put on because we put it very bluntly with the Insurance Industry and we have the assurance that in spite of this Amendment, which is not to their liking, they will continue to write insurance in the inner City. I respectfully solicit your vote in favor of this Bill which is vitally needed by the entire State of Illinois."
"The gentleman from Cook, Representa- tive Otis Collins."
"Mr. Speaker, will the Sponsor yield to a question?"
"He indicates he will."
"Ah.. Representative Epton, this is a regula- tory Bill. Ah.. I was particularly concerned ah.. with ah.. the absence of an Amendment ah.. to this Bill. It so happens that during ah.. the previous Session, we had... we had quite a bit of dialogue and discussion with reference to the problems of the auto policy holders as well as insurance companies and we introduced House Bill 1516 which was open ah.. competition ah.. Bill open ah.. Now, on that Bill we had two Amendments and I noticed that you have one of the Amendments included here, but I notice the absence of the second Amendment having to do with a modest appropria- tion ah.. for the Director to ah.. the Director to be able to investigate and determine any unfair discrimination with reference to ah.. ah.. with... the extension of the same GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 61. hazard and expense elements. The reason I raised this issue because the fact that, we, in the inner City of Chicago have had some grave problems with reference to insurance rates. Ah.. my question is specifically with reference to the absence of the second Amendment that was an agreed Amendment, one of the two agreed Amendments to House Bill 1516, when it passed this House overwhelmingly and went over to the Senate."
"I suspect your question is why is it not on this Bill? Is that correct?"
"I beg your pardon."
"Is your question why is that Amendment not on this Bill?"
"That's right."
"Very simply because we didn't feel that it was necessary. I believe that the distinction should cer- tainly be made. This is a regulatory Bill in the sense of any claim practices or Bills of that nature. It's not a rate-making, regulatory Bill. So, we can eliminate that particular phase. Second, you referred to the two previous Amendments on Bill 1516 and indicated that they were by agreement. I call to your attention that the Illinois In- surance Study Commission has met for six months. We've had hearings in which we threatened to subpoena the Dir- ectors of State Farm Insurance Company and Allstate Insur- ance Company. Both of those Companies indicated that they were not a party to any agreement to any so called... to any GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 62. Bill that was passed. I agree entirely with you, Representa- tive Collins. That Bill... those Amendments were needed then. They should have been passed at that time. But we do not have $10,000 to prevent discrimination at the pre- sent time. The Commission has $100,000. So, we have more than enough to make the Insurance Companies do the very job your seeking. And for the first time, as a result of that inquiry on those demands, we have not a alleged agreement. We have a firm committment from the Companies that do bus- iness in the State of Illinois that they will live with Amendment No. 1 to this Bill and they will continue writing insurance and not withdraw from the inner City. This is the first time in Illinois we've ever had that Committment. And I can assure you that if they don't honor it, the Illinois Insurance. Study Commission will have them down by subpoena each and every day of the week."
"Ah.. Mr. Speaker, may I address myself to the Bill?"
"Yes, proceed."
"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, I'm certainly... I have no objections to giving the Insurance Companies some relieve. Ah.. I'm particularly concerned with giving the Insurance Companies some relief. But, I'm only concerned about the poor guy who drives the car and buys insurance. Now, I ah.. I hesitate to rise ah.. in opposition to even a section of this Bill sponsored by my colleague and ah.. the co-sponsors particularly. This GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES is no reflection on either the Sponsors or the Co-Sponsors because I feel that, in addition to being able-legislators, they are truly gentlemen. And I feel that they have really adjusted themselves to it and the problems you would agree on. They've really worked hard ah.. on the job. But, when we consider, I say to you, when we consider the fact that ah.. this Bill is introduced in order to prevent applica- tions of the McCarran-Ferguson Anti-Trust Act from being applied to Illinois and are important at this point. Ah.. we mentioned that House Bill 1516 had two Amendments. It had one Amendment having to do with eliminating divisions of municipalities over two million. It had a second Amend- ment. The second Amendment had to do with adjusting itself to serious grievances of the auto driving public. Could I have a little order, Mr. Speaker? Mr. Speaker, could i have just a little order? Mr. Speaker and Ladies and Gentle- men of the House, let's just stop for a minute here and let's consider for a minute ah.. the McCarran-Ferguson Act and what we're doing here. And I'm for what we're doing and the only thing that I'm saying is that we don't go far enough. I would certainly like to have this Bill, perhaps, moved back to second reading in adding just a small Amendment to protect the auto driving public. That's all I'm asking. You know, the poor people who drive cars, they have a rough time. And they don't have many people speaking in their behalf particularly when it comes to insurance rates. Now, in the McCarran-Ferguson Act of 1945 reaffirmed the applica- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES tion of the Anti-Trust Laws to insurance. But, in so doing, they created eulogy of jurisdiction. It so happens that they limit regulations to the State as long as the State promoted Laws in the interest of the public. As you know, the Act was an outgrowth of the Supreme Court decision in the Southeastern Underwriters Case whereas, in which the Department of Justice attacked the monopoly to control by prices exercised by a large combination of Insurance Com- panies and regulations. Congress did deal with the most offensive features of the rating bureau on this Regulatory Bureau and found in this particular case having to do with boycotting courts and intimidation. It did so by specifi-- cally retaining Federal Anti-Trust jurisdiction over such matters irrespective of State Regulations. Now, what I'm saying here, and that is that in House Bill 1568, we did have the Director... We did give the Director the privilege of having power in use. An Insurance Company could insti- tute, a rate at its own discretion, but they would have to file the rate with the Department of Insurance. Now, what I'm saying specifically is that is open competition rating was a loose process, this particular Bill does not have power in use. Does not have the regulation of even the Insurance Companies filing the rates with the Director be- fore they use it. The Director has now power here over rates. Now, if we're going to.... I want to say to.to... you, and heaven knows that, I love all of my friends. And some of my best friends are in the insurance business and GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 65. heaven knows, I love them. And I want to help the Insurance Industry and I want to help the insurance-minded public. But, I say to you that this is a Bill that is directed to- ward helping the Insurance Company and not helping the Auto Driving Insurance Public. I say to you, that I would like very much to have the Sponsor, if at all possible, to return the Bill to second reading to add just a small Amend- ment to give some protection to the Auto Driving Public. And, heaven knows, that I would be for the Bill overwhelming- ly. Thank you, Mr. Speaker." Hon. W. Robert Blair: The gentleman from Cook, Mr. Phil Collins."
"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, I believe that some confusion has been ah.. raised regarding this Bill. I think we're... we're talking about a number of different issues. This is a good Bill. It's a Bill that is needed. And if you'll look at it, it has the bipartisan support and sponsorship of all the Members of the Insurance Study Commission. Now, I think that Repre- sentative Epton explained the Bill very well, but if you'll bear with me, I'll try once again. The Bill gives the De- partment of Insurance power to regulate service-type organi- zations, the advisory organizations. It permits the Depart- ment to examine these organizations and the Members to make sure that the data is being used correctly. Ah.. if viola- tions are filed, the Director may issue a cease-desist order and may revoke or suspend ah.. licenses. It prohibits these organizations from formulating and distributing prices for GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 66. insurance policies and limits them to compiling insurance statistics and preparing insurance policies, bond forms and underwriting rules. And furthermore, it prohibits any collusion between these organizations.. the organization companies in the use of their informational and statistical data. This is a bill that is needed. It's needed by commercial insurance buyers, such as apartment house owners and business owners. They need it to buy enough insurance for full protection. Risks are written by several companies and these companies can't get together to right these risks ah.. unless this law is passed or they will risk being in violation of Anti-Trust Statutes. Ah.. insurance brokers and agents are in a bind in this State. I happen to be one and I realize that we are facing markets that are drying up for commercial business: This is because there is no author- ity for joint underwriting and joint reinsurance which is needed to write lot commercial risks. The danger is very real, but companies will leave the Illinois market ah.. if we do not pass this Bill because of their fear of Anti- Trust charges. Municipalities in Township classifications for Fire Insurance can't be updated ah.. to reflect the im- proved conditions because the authority for distributing this information to the insurance companies is needed. And, furthermore, the Department of Insurance is handicapped in effectively regulating all insurance activities which should be regulated. This Bill is needed very badly. It is needed by the Department of Insurance. It's needed by the Insur- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES ance Industry. But more important, it is needed by the insurance buying public. I urge everyone to support House Bill 4543."
"The gentleman from Perry, Mr. Cunningham."
"Mr. Speaker, I move the previous ques- tion."
"All those in favor of the gentleman's motion say 'aye', opposed 'no', the 'ayes' have it. The previous question has been moved. The gentleman from Cook, Mr. Epton, to close."
"Mr. Speaker and Ladies and Gentlemen, I'm sorry that we got side-tracked, but Representative Otis Collins did a very fine job in talking about the problems that face the buying public. I agree with him entirely. This Bill is one of those things that will do exactly what he's trying to do, correct that very situation. As a matter of fact, no one will helped more than those in the inner City. I've tried to indicate. time and again that this was deliberately set up by the Commission to avoid any possi- bility of one side or the other taking credit for this passage. I've tried time and again to indicate, this Bill does not help the Insurance Industry. Representative Phil Collins indicated that it helps the buying public. As a matter of fact, just to make sure that we didn't help the Insurance Industry, we put in that kicker, which was Amend- ment No. 1 which says that there will be no more further geographical discrimination in the City of Chicago. This GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES is something that they have resisted for a long time. This Bill is not at the request of the Insurance Industry. I could not emphasize that too much. And to those of you who get up and speak about the hardships, I call to your atten- tion the fact that since I've been in this House, I have taken upon myself and my colleagues in the Commission to fight that very Industry. As a matter of fact, it may interest you to know that I've lost some Insurance Company Claims because of the posture that I've taken. So, I think I resent, as quietly as I can, the insinuation that this might help the Industry. I couldn't care less about the Insurance Industry. I think that this Bill deserves your support. I hope that you will vote favorably for it."
"Alright.. The question is, 'shall House Bill 4543 pass?'. All those in favor will vote 'aye', and the opposed 'no'. The gentleman from Bureau, Mr. Barry."
"Mr. Speaker and Ladies and Gentlemen of the House, I don't think that I had to ask any questions before the motion was made, but I do think that this Bill is worth noting. I ah.. should probably first remind everybody that the ah.. penalty for violating this Bill is a great big $100.00 for violation for a misdemeanor. I don't think that there would be any violations, frankly because, if you'll look at the first page, the purpose of the Bill is to author- ize the existence of advisory organizations. Now, originally the Sponsor indicated that this Bill was not a rate-making Bill. However, Amendment No. 1 has been tabled, uses the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 69. phrase ah.. 'will not base the rates, andsoforth', admitting very impliedly and distinctly that that was the purpose of the Bill in the first place. And if you'll read through the Bill in various paragraphs, you can check it out. For example, on page, 4, paragraph number 5 under Section 12389 the Director may review. It doesn't say that the Director has to do anything here. On page number 5, it says in lieu of the examination by the Director, the Director may accept a report of an examination by an insurance regulatory office of another State. Obviously, this Director doesn't have to do a darn thing under this Bill. But, it is pretty obvious to me that we are talking about rate-making in a very sophis- ticated way. On page 6, for example, even the notices be- tween the companies and the Director shall be confidential. First paragraph of page 6. Now, it is obvious to me, as I stand here, that this is a very sophisticated way of causing rate-making in Illinois because the companies are afraid of what the Federal boy might do to them. Ah.. we know what happened in the last Session. This is a very sophisticated way to do it again in this Session. I call your special attention to paragraph 4, Section 123810, the last few words which reads as follows: 'To authorize, to conduct joint reinsurance and joint underwriting activities in this State'. That's the purpose of this Bill. I think that it's a bad Bill. I think the whole Insurance Industry needs some work done on it. I'm trying to be a part of that. Certainly, one way to give the people a break is not to keep the Dir- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES ector of Insurance from looking at the rates. I recommend a 'no' vote."
"The gentleman from Cook, Mr. Epton."
"Mr. Speaker, Ladies and Gentlemen, explain- ing my vote, I can't help to take the time to say that I'm shocked that a gentleman like Representative Barry would create the insinuations that he has. I think that it is a very very.... It's not even a veiled insinuation. If ever I heard a legislator being called corrupt in his presentation or in his presentation, explanation of a Bill, that's ex- actly the way I would phrase it. I resent it very much and I think that it's a shame that we have to sometimes display our ignorance when we make accusations of that nature. I think that if the gentleman in question will look at the Amendment he is talking about, he'll realize that that Amend- ment was put on by Representative Yourell. If that Bill was previously passed by Representative Yourell in attempt to remove the discrimination, and when we found out that that Bill that Representative Yourell had presented and passed in the House, in the Committee, was attached to a Section of the Code that no longer existed. At that time, Repre- sentative Yourell and I decided that the best way to get this across would be to tack it onto this particular Bill. So that when it refers to rate-making, it's not only... it's a deliberate, I shouldn't say deliberate. I like Representa- tive Barry too much. It's certainly an accidental false- hood. When we refer to rates, we simply say that any rates GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 71. set by a company. The rates that a company sets can not be determined by virtue of any geographic division. Insofar, as rates in Illinois today, let me refer you to, as Repre- sentative Barry referred you to certain sections, let me refer you National Underwriter, the Property and Casualty Insurance addition of May 5, 1972. In a roundup of the various rate-making organizations in open competition laws and... in the United States, it goes on to state open com- petition, in effect, in fourteen States during 1971 was having its trouble spots, however. It was cancelled in Florida after two years of operation and prior approval was reinstated. In Illinois, open rating as a law was allowed to expire by the State Legislature. But, since it was not replaced with another system, that State now has the purest form of open competition yet. Ladies and Gentlemen, in Illinois, if the Department of Insurance does not have any regulation, the Insurance Industry can set any rates any which way they please. And under this Bill, they can still do it. So, for anybody to infer that this Bill gives them additional rights or less rights is a deliberate distortion of the effects. This Legislature will have to face up sooner or later either open competition or to prior approval. That's a privilege that we will determine at a later date. The vote on this Bill does not do so. And for Representative Barry to... a distinguished colleague to infer otherwise is a sad mistake. And I'm sorry. You may question my judgement, Ladies and Gentlemen, but don't ever ever question GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES my integrity."
"The gentleman from Cook, Mr. Duff."
"Mr. Speaker, I rise to explain my vote. Ah.. I think that we're caught, perhaps unfortunately, in an argument that is a year old and not clearly applicable here. It's true ah.. as Representative Barry has said, that this is a sophisticated Bill, and naturally and necessarily so. Not a deceitful Bill, but indeed, a sophisticated Bill. We are caught in this House and this State in an argument as to whether we should have open rating or prior approval. That argument is yet to be settled and I'm sure it will be deliberated over the next year or two long and hard. Never- theless, we are dealing with an Industry in this State which probably employs more people than any other single Industry. We are dealing with an Industry in this State which indeed supplies much of the financial backing for the economy of Illinois and the... and the... in days like this, obviously necessary. This Bill addresses itself in a sophisticated way to a resolution of problems that this Industry will have because of our lack of action in those other two fields. The inner City will suffer considerably if the reinsurance market is destroyed. All those persons who are in some kind of substandard or specialized rating problem will suffer. The Market, the Insurance Industry and financial backing will hurt the State of Illinois. This is a good Bill. This is a Bill which meets temporarily at least a compromise to the very real argument that we are having in this State and 72 GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES in this House between open rating and prior approval. It would be short-sighted, indeed, not to take a literally bi- partisan effort to accomplish a very difficult resolution of one of Illinois' greatest current needs. I vote 'aye'."
"The gentleman from ah.. St. Clair, Mr. Krause."
"Thank you, Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House, in explaining my vote, I just want to point out that the objections that Representative Collins made in the Amendment he wanted are already part of the Bill. And I think that if we all took a real good look at this Bill and studied it, we'd realize that this is a consumers Bill. This is not an Insurance Company Bill and I would appreciate the 89 votes to pass this Bill."
"The gentleman from Cook, Mr. Miller.
"Mr. Speaker, Ladies and Gentlemen of the House, virtually every State in the United States has this Law. We had this Law under prior approval and open rating. Many of the speakers on this side of the aisle who are know- ledgeable, who read the Bill, who are acquainted with what the Commission and Members of the Insurance Committee have been doing. This is a Bill that creates a healthier climate. It gives protection to the companies so that their not sub- ject to Anti-Trust. It helps the inner City. And when you talk about discrimination, Representative Collins knows that I am the one that placed the Amendment on the open rating Bill and sent it over there, because we had to. It was fair. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 74. It was none other than Bernie Epton who as Chairman of the Insurance Study Commission took heed from the companies and insisted. He has done a wonderful job here and at every hearing, I sit there and I almost have to feel sorry for the companies in the way... in the way he handles it. But, I want to tell you one thing, this Bill is needed. It is not a ah.. vested interest Bill. No, it's a Bill for the public. And when your voting, your helping your constituents.. And I'm happy to vote 'aye'."
"The gentleman from Cook, Mr. B. B. Wolfe."
"I didn't get a... Mr. Speaker, I didn't get a chance to ah.. ask the Sponsor a question. Maybe on the explanation, I'd like the clarification of one point. It seems to me that presently there is in Illinois these so called Advisory Organizations that are presently operating. And the Section 123a-1 for purpose of the Article does not even though it so states create the authorization for these Organizations to operate and stated to come into the State. And ah.. the main thrust of the Bill being to now regulate the so called Advisory Organizations to the Insurance Com- panies. Could I have an answer from the Sponsor on that, please, Mr. Speaker?"
"Well, it's a bit unusual, but go ahead."
"Mr. Epton, is that correct?"
"At present, the Advisory Organizations are doing absolutely nothing. There just sitting there."
"Are they now functioning in the State of GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Illinois though?"
"No."
"They are not operating in this State?"
"No, they are not operating."
"They have no authority to operate?"
"They are not going to operate because they are afraid of the possibility, if they prepare statistics for use, that they could be involved with the Anti-Trust. And therefore, they are not in operation. They're simply sit- ting on their assets."
"Thank you."
"Any further explanation of votes? The Clerk will take the record. On this question, there are 113 'Ayes', and 14 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 45.. 4544."
"House Bill 4544, a bill for an Act to amend 'The Vehicle Code'. Third reading of the Bill."
"The gentleman from Stark, Mr. Nowlan."
"Mr. Speaker and Members, House Bill 4544 simply reduces from 21 years of age to 18 years of age, the age below which persons must receive the consent of their parents before applying for a license or permit to drive. This was recommended by the Governor's Office Traffic Safety Committee, the Secretary of State's Office and it ah.. is legislation which came out of Chairman Pappas' Committee unanimously and I ask for your support." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 76.
"Discussion? The gentleman from McHenry, Mr. Hanahan."
"Mr. Speaker and Members of the House, a few terms ago, we put in this Bill to allow drivers licenses up to the age of 21. Of all the parents who rescind the drivers license as a method of control over young people who are driving that the Father and Mother had the right to rescind the drivers license, if a young man or a young woman did not go along with their wishes. In most cases, the ages from 18 to 21, which I do concur that in most in- stances should be reduced from 21 to 18, but in this in- stance, because of the cost of insurance, because of the parental liability and because of many other features that a parent should have some arm, some method of controlling their children, even though they have reached the age of 18 as far as driving. I oppose this Bill. I think that it is bad legislation. It's been, I think, only two terms since we passed this Law. And to repeal it... Most parent don't even know that they could rescind a drivers license of young people from 18 to 21, just by a letter. We passed that Law just a couple of terms ago. So, I'm going to oppose this Bill on that basis."
"Further discussion? The gentleman from Stark, Mr. Nowlan."
"Mr. Speaker, in closing, I would respond to Representative Hanahan by noting that Pete Pappas of the Secretary of State's Office ah.. contends that this would GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 77. have no effect on insurance ah.. for drivers between the age of 18 and 20, in that if they reside outside their parents' domicile, they must ah.. seek out that insurance separately and ah.. if living at home, they must be covered under the same policy. It seems to me that most persons between the ages of 18 and 21 are ah.. independent of their parents to a substantial degree. And that they should have the responsibility for determining their right to seek application to drive and be covered by the same Laws as each of the rest of us. So, I ask for your support on this proposal."
"Any further discussion? Alright.. The question is, 'shall House Bill 4544 pass?': All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 128 'Ayes', and 3 'Nays', and this Bill having received the Constitutional majority if hereby de- clared passed. 4592."
"House Bill 4592, a bill for an Act to amend 'The School Code'. Third reading of the Bill."
"The gentleman from Lawrence, Mr. Cunning- ham.
"Mr. Speaker, and Members of the House, House Bill 4592 provides scholarships for families, members of the family of Viet Nam Veterans missing in action or killed in action. It was unanimously supported in the House. I respectfully request your vote now." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 78.
"Discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 138 'Ayes', no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 3772.""
"House Bill 3772, a bill for an Act to change the date of the holiday known as Veterans Day. Third read- ing of the Bill."
"The gentleman from Cook, Mr. DePrima."
"Mr. Speaker, Ladies and Gentlemen, as you will recall last year on the last Monday of October, we celebrated Veterans Day. Well, there was so much confusion between all of the Veteran Organizations. They didn't know whether to celebrate it on the last Monday of ah.. October or wait until Armistice Day. Consequently, the confusion ah.. nothing happened and ah.. after that, all of the Veteran. Organizations go together and decided that they would like to have this Bill amended to bring back Veterans Day to November the llth. I understand that the Bill passed the Senate 49 to 1. And I would appreciate your support on this legislation. Thank you."
"Alright. The gentleman from Cook, Mr. Katz."
"Ah.. Mr. Speaker, and Ladies and Gentlemen of the House, a few years ago, we passed here in the legis- lature, I believe Congress did the same, ah.. a Bill that GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES provided that in order to enable people to be able to have ah.. long continuous weekends, that we would put Holidays on a Monday or a Friday. Ah.. it seems to me that that was basically ah.. a good idea. And it seems to me that there is confusion with which day that should be celebrated in connection with Veterans Days that there is no need to go back to the old system where the Holiday comes in the middle of the week.. It seems to me that people do like the idea of a Holiday being on a Monday or on a Friday. And then, we are voting contrary to the interest of our constituents who really, I think, desire both to celebrate a Holiday like Veterans Day, but who also see no reason why they can- not honor a Veteran on a Monday or a Friday as well as they can honor a Veteran by celebrating Sunday in the middle of the week. Accordingly, regardless of the vote that took place in the Senate or regardless of the number of co-spon- sors on the Bill, it would seem to me that we ought to think twice before we do this because what we're doing is undoing a very excellent series of Bills that we enacted here which made the Holidays conform to the general pattern that people desire which is that as long as a Holiday is going to occur why not let it occur on a Monday or a Friday, so that the family can celebrate that Holiday together, so you can twice as much enjoyment really out of the same Holiday by celebrating it on a Monday or by celebrating it on a Friday. And so, I would urge your very much that the Sponsor ah.. recon- sider this kind of Bill that he fix a day that would be a GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 80. Monday or a Friday so that there would still not be confusion between the various Veterans Organizations, but without changing the salutary policy of putting the Holidays where- ever possible at the beginning or the end of the week. So that really they will be doubly enjoyed by the citizens of this State."
"The gentleman from Macon, Mr. Borchers." Webber Borchers; "Mr. Speaker and Fellow Members of the House, I'm not in the slightest degree interested in a three day Holiday that this prior action of the Federal Congress in the State gave. It would be in congress, for example, for us to consider Lincoln's Birthday on a Monday after his Birthday. Ah.. we should celebrate Lincoln's Birthday on the day he was born. And the same way with the Veterans. This is ah.. a World War, a sad thing, it's true. But, nevertheless, it is sacred in the hearts of millions upon millions of Veterans. Millions of men died in that World War I and now World World War II and we recognize as Veter- ans and many of us here are such. We recognize that Veterans that this day is a day we want. And are wishes should cer- tainly prevail. Now, we're standing on what Congress or other people may think in relation to other Holidays."
"The gentleman from DuPage, Mr. Hoffman."
"Mr. Speaker, would the Sponsor yield to a question? Representative DiPrima. Would the Sponsor yield to a question?"
"Yes, he indicates he will." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Gene L. Hoffman: 81.. "What is the effective.... What would be the effective date of this legislation? Let me just preface my question with this observation. I know that your amend- ing 'The School Code' in this and most of the School Dis- tricts have already adopted their School Calendars for the coming year. And that's why I am inquiring in terms of the effective date. If, in fact, this did become a law, would it then be in conflict with ah.. Calendars which have already been adopted and agreed upon between Boards, Teachers and the Community?"
"I'm sure it would not be in conflict."
"Any further discussion? Would the gentleman care to close. Alright, the question is, 'shall House Bill 3772 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are.... The gentleman from Cook, Mr. Richard Walsh, care to explain your vote."
"Not any longer. No."
"On this question, there are 129 'Ayes', and 4 'Nays', and this Bill having received the Constitution- al majority is hereby declared passed. We are again pleased to have a distinguished visitor from the other Chamber, the President and Pro Tempore, Senator Partee, who, I'm sure, will be happy to Hello as he usually does."
"No, I just came over to say Hello. So, I said Hello. Bye..." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 82.
"4423."
"House Bill 4423, a bill for an Act to amend 'The Revenue Act'. Third reading of the Bill."
"The gentleman from Perry, Mr. Cunning- ham."
"Mr. Speaker, Ladies and Gentlemen of the House, this Bill has to do with the changing of the salary of the various Township Assessors throughout the State. Passed unanimously through the County and Township Committee. It does two real good things. I helps all of the small Townships in the State by eliminating the minimum salary that must be paid. Therefore, it gives them a little more home rule that they have had. It does increase the maximum salary about 10% in keeping with the cost of living increase over a period of years. This has been agreed upon by County and Township Officials of the State. I know of no opposition. It's bipartisan in its efforts right several wrongs. And I ask your favorable consideration."
"The gentleman from Cook, Mr. Jaffe."
"Ah.. would the gentleman yield to a question?"
"He indicates he will."
"Now, in Cook County actually our Township Collectors ah.. do not do the collecting any more because of the Court Ruling by Judge O'Brien. Ah.. as a consequence, many of them are not getting any pay. Would this require them to get pay now or could they get pay now because of this partic- ular ah.. Bill?" GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES William J. Cunningham: "This is entirely ah.. There is no mandatory provisions in this Bill at all. It does set the maximum. It eliminates the minimum. It accents the positive and eliminates the negative. And it does only apply to Township Assessors."
"Well, could you tell me what the maximum and minimum are according to your ah.. Bill, Sir?"
"On what?"
"Ah.. the maximum salary as what...."
"The population. On what population?"
"Scheduled by population?"
"Yes, it's scheduled by population according to the size of the Township. If you'd give me the size of a Township, I could tell you by the Bill. Yes."
"Well, let's say 125,000 or 120,000."
"100,000 or more, the maximum salary was $17,000 and this sets $19,000. The minimum salary was $9,500 and this eliminates the minimum salary completely. You can pay whatever you desire now. This was required by some Townships not having the money to meet the minimums that we had set up. That's basically why it is a home rule."
"Yeah but, isn't it true that most Township Assessors are really part time jobs?".
"They are in Cook County. If so, you can adjust their salary under this Bill to whatever their actual hours will perform for a minute. And it goes farther than that onto the hourly basis and the per day basis. You GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 84. know that you can pay them on a per day. You used to have to pay them $15.00 per day and not to exceed $30.00. Now, we've eliminated the $15.00 per day. It's still not to ex- ceed $30.00, but you don't have to pay them the $15.00 now if you don't want to."
"Well, Bill, all I want to know is this. My Township which happens to have about 120,000 people. You say that they can now pay the Township Assessor $19,000 for a part time job. Is that correct?"
"That's right. It was $17,000."
"And there is no more minimum on this. Is that correct?"
"No more minimum. It's entirely set now by your Board of Auditors."
"Is there further discussion? The gentle- man care to close?"
"No Thank you, Mr. Speaker. I'm quite sure that this is a good Bill. And once again, I ask your support."
"The question is, 'shall House Bill 4423 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 115 'Ayes', and 9 'Nays', and this Bill having received the Constitution- al majority is hereby declared passed. 3626."
"House Bill 3626, a bill for an Act to amend 'The Vehicle Code". Third reading of the Bill."
"The gentleman from ah.. Cook, Mr. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 85. Carroll."
"Thank you, Mr. Speaker, Ladies and Gentle- men of the House. House Bill 3626 is a Bill dealing with bicycle safety. It deals with requiring the type of reflec- tors around the bike. So that the children driving the streets and highways of our State will be able to be seen by our motorists. Especially, in the hours of dusk and immediately after. It follows a 'Uniform Manufacturers Code'. It follows a new California Law. And the Manufac- turers Association had been in agreement with this system. It will provide for reflectors on the front, rear and sides. So that ah.. after these darker hours, the bicycle could be seen by motorists in any direction. It's a type of reflect- reflector that would have to be approved by the Secretary of State and they have ah.. also approved of this. I ask for a favorable vote."
"The gentleman from Peoria, Mr. Day."
"Will the Sponsor yield for a question?"
"Yes, he indicates he will."
"I don't quite understand about the approval of the Secretary of State. Could you explain that to us? Before this Law becomes effective, we must have the approval of the Secretary of State. Is that the intent?"
"No. Mr. Day, what we've said is that the type of reflectors to be used as in other attempts, the type it- self has to have approval of the Secretary of State, the Office of the Secretary of State. They are the newly con- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES stituted Body."
"The gentleman from Cook, Mr. Juckett."
"Mr. Speaker, will the Sponsor yield to a couple of questions?"
"He indicates he will."
"Who will enforce this Act."
"Mr. Juckett, I'm not sure that I'm follow- ing the exact cause of your question."
"Well, my understanding is that after 1973, we're going to have to... we're going to have to ah.. have installed on bicycles reflectors. Who will be responsible for enforcing having reflectors on the bicycles?"
"The local Police. This is under 'The Vehicle Code'. I don't think that it will be any different than any other Section of....."
"I... I can't hear you."
"'The Vehicle Code' would make it local Police enforcement basically."
"My understanding is that if we're suppose to have lights on bicycles, we're suppose to have horns or bells on bicycles, we're suppose to have rear deflectors on bicycles. Could you tell if these Laws are now being en- forced?"
"Mr. Juckett, the ah.. reason for using these type of reflectors or using reflectors, lights only work, for example, if they have reserved functioning or if a bike is moving so that the generator is functioning. These GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES are a type of reflectors that would able to be seen by pass- ing motorists in any direction. As to enforcement, I don't know what your local Police are doing."
"One more. For what purpose does the gentlemen from Cook, Mr. Miller, rise?"
"Well I want to, Mr. Speaker, inform Mr. Juckett that the auto Schwinn Company which is in may Dis- trict, all of their bicycles that their manufacturing have reflector on them. They even have them on the pedals now. So, ah.. ah.. I think that all of the manufacturers recog- nize today that it is a requirement by the National ah.. Bicycle Manufacturers. And they have them on there. So, of course, I'm for the Law. I believe that we should have them, Mr. Speaker. But, they are... the Manufacturers now are required to place them on every bicycle manufactured."
"The gentleman from Cook, Mr. Juckett."
"Well, Mr. Speaker, I was just wondering and the next question as to when the Bill will be intro- duced and who will introduce it to require turn signals on bicycles?"
"The gentleman from Cook, Mr. Carroll."
"I understand from one of my experts that they have to be 4 feet apart. So, I don't think that it could be on a bike."
"Is there further discussion? The ques- tion is, 'shall House Bill 3626 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 88. wished? The Clerk will take the record. On this question, there are 128 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. The gentleman from Cook, Mr. Hyde."
"Mr. Speaker, Ladies and Gentlemen of the House, I would have ah.. an important announcement to make. The Members are anxious to know when we will adjourn this Evening. Ah.. it is the plan to work through until 8:30 P.M. So, if you wish to order out dinner ah.. early, do so. But, if you wish to wait and have a meal that you'll enjoy after 8:30, do that. But, we will adjourn around 8:30 as of the present plan. Thank you."
"3745."
"House Bill 3745, a bill for an Act to amend 'The Purchasing Act'. Third reading of the Bill."
"The gentleman from Cook, Mr. Regner."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 3745 ah.. would include the Junior College Boards under the 'Joint Purchasing Act' of the State of Illinois. Now, there is a favorable vote. I've talked to many of the Members of the Junior College Boards and they are in favor of the option that they can participate in joint purchasing, if they wish."
"Further discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. The gentleman from Cook, Mr. Carroll."
"Mr. Speaker, ah.. I find a problem with GENERAL ASSEMBLY STATI OF ILLINOIS HOUSE OF REPRESENTATIVES 89. the Amendment... Amendment No. 1. It says 'delete lines... ah.. on page 1, line 12 by deleting', and it deletes parts of three lines."
"Alright now, I'm looking at the en- rolled engrossed Bill. So, the Amendment is already in the Bill that we're voting on. What ah.. What ah.."
"On the Amendment that we have marked Amendment No. 1, it says 'amend House Bill 3745 on page 1, line 12 by deleting the following:'. And it goes on to recite all of the underlines of 12, 13 and the beginning of 14 up to and including the comma."
"Alright, the enrolled 'engrossed Bill is ah.. alright. So, any further discussion? Have all voted who wished? The Clerk will take the record. On this question, there are 134 'Ayes', and no 'Nays', and the Bill having received the Constituional majority is hereby declared passed. 4136."
"House Bill 4136, 'An Act relating to employ- ment of illegal aliens'. Third reading of the Bill."
"The gentleman from Cook, Mr. Sevcik."
"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4136 reflects the recommendation of the Illinois Investigating Legislative Commission, ing an intensive investigation recently conducted by that Agency. This Bill is aimed to protect Mexican-Americans. In fact, there was a Mexican-American Organization in Cook County, who at first, protested the fact that illegal aliens GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 90. were taking their jobs. It has been established that about 15,000 jobs a year are occupied by illegal aliens and they are taking approximately about $75,000,000 dollars out of the State of Illinois without paying State Income Tax. I know that a letter was circulated here by Employers saying that this Bill was unconstitutional. We have checked with the Attorney General and he tells us that this Bill is Constitutional and the United States immigration and naturali- zation Service has also told us that this is the kind of Bill that you like to see enacted in Law. I ask for your favorable support."
"Discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. The gentleman from Livingston, Mr. Hunsicker."
"I'd like to explain my vote, if I may."
"Proceed, Sir."
"I'm voting against this Bill. I don't think that the Employer should be responsible. How does he know whether a person is a alien or whether he isn't an alien? And if he doesn't have any papers, how long does it take him to get them when he comes. You got to have proof, because the Employer doesn't know. He can lie and say that he is an American Citizen even though he isn't. I'm going to vote 'no' on this Bill."
"On this question, there are 101 'Ayes', GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES and 1 'Nay', and this Bill.. Alright, ah.. the gentleman from Cook, Mr. Merlo."
"Mr. Speaker, how am I recorded?"
"How's he recorded?"
"The gentleman ah.. is recorded as voting 'aye'."
"Would you please change that to 'present', please?"
"Change it to 'present'. On this ques- tion, there are 100 'Ayes', and 2 'Nays', and this Bill having received the Constitutional majority is hereby de- clared passed. 4279."
"42 what? House Bill 4279, a bill for an Act to amend the 'Revenue Act'. Third reading of the Bill."
"The gentleman from Sangamon, Mr. Jones
"Mr. Speaker, Ladies and Gentlemen of the House, 4279 is a repeat of our present homestead act in a basic part of it. It's simply filed as a vehicle that we might need if we are... in the final ruling by the Supreme Court that there is some remedial action should be taken on this legislation. As you know, the Supreme Court ruled that the 1971 assessments were not allowable because it was before the new Constitution went into effect on July 1. Or hold it... the final ruling of the Court will allow the 'Homestead Act' to continue. Ah.. but, this was put in as a vehicle in case we needed to do something about it when the Court ruling does come out, which I will suspect to be within the next ah.. few weeks or before we adjourn GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES here, at least. So, I move that we pass this on to the Senate and have this Bill alive in case some remedial action is needed to be taken and it could be done by the Revenue
Committee as a whole or in any way it is needed to be done. Hon. W. Robert Blair: "Discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 139 'Ayes', and no 'Nays', and this Bill having received the Constitu- tional majority is hereby declared passed. 4296."
"House Bill 4296, a bill for an Act to amend 'The Pension Code'. Third reading of the Bill."
"The gentleman from Cook, Mr. Diprima."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4296 ah.. puts the Downstate Police on parity with the City Police. What it does upon the death of a Policeman who retires from Service with at least 20 years of creditable service whether his death occurs before or after he has attained age 50 or before or after his appli- cation for retirement on pension. The pension in which the deceased would have been entitled had he lived and applied for pension shall be paid to his dependents as pro- vided upon death of a pensioneer. I would appreciate a favorable vote."
"Discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES will take the record. On this question, there are 135 'Ayes', and no 'Nays', and this Bill having received the Constitu- tional majority is hereby declared passed. With leave of the House, we will go to the Bills that are on considera- tion postponed, bring them back to the order of Third Reading for purposes of consideration. Okay. 4270. It's been read a third time already. The gentleman from Wayne, Mr. Blades."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4270 amends 'The Municipal Code'. Granting the municipalities the power of eminent domain when found necessary in the public interest by the Illinois Commerce Commission to acquire properties to transmit power from one power company to the other. I want to point out here that the... under the Commerce Commission, they only have exercise of authority of their power in obtaining a right- of-way or power.... or ah.. properties outside of the muni- cipalities. They do not have the authority to set the rates. Small municipalities now find needs in the peak periods and the emergencies to have additional power for these emergen- cies and it is necessary to run a power line to the power company's line for this power. After they run into dif- ficulty in obtaining right-of-way they need the same authority that the major power companies have which is the authority of eminent domain. The Municipalities and the Electric Co-ops support this Bill. I would appreciate your support."
"The gentleman from Cook, Mr. J. J. Wolf." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Jacob John Wolf: "Will the Sponsor yield to a question?"
"He indicates he will."
"As I understand this Bill, it gives the ah.. municipal owned utilities condemnation power. Does another type of utility company have that power now? What do they have to do?"
"The major utility companies do have that authority now. That is correct. And this would give it to the municipalities to obtain a right-of-way."
"Is this... Is this under the Commerce Com- mission? I think the other utility companies like the Gas Company, the Electric Company, don't they have to do through the Department of Commerce or something for that first?"
"That is correct. And this places it in accord with the procedure that they go through."
"So, there would be no difference at all between a public utility company and a private utility com- pany?"
"In an acquiring a right-of-way..... In an acquir- ing a right-of-way outside the City limits."
"I mean as far as condemnation proceedings. It will be exactly the same for a public utility as a pri- vate utility. Is that right?"
"The gentleman from Cook, Mr. Palmer."
"If the Sponsor will yield for a question."
"Yeah.. He indicates he will."
"Doesn't the ah.. Doesn't the municipality 94 GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES have the right now to acquire a right-of-way or land with- out the permission of the Illinois Commerce Commission?"
"The gentleman from Wayne, Mr. Blades."
"No. No, they do not have the authority of eminent domain at the present time, for acquiring a right- of-way for power. They do have the authority of eminent domain to acquire a right-of-way for a sewer system or for a water system, but not for the transmission of power."
"How does the ah.. How does this affect home rule municipalities? Or would it... would it?"
"All the same."
"The gentleman from Knox, Mr. McMaster."
"Will the Sponsor yield to a question?"
"He indicates he will."
"Ah.. Mr. Blades, ah.. how many ah.. actual ah.. private power companies does this affect?"
"I didn't get your question."
"Ah.. how many power companies, private power companies, municipal companies does this affect?"
"I.. I don't have any idea of how many munici- palities there are in the State of Illinois who have their own power system. That would be the ones that were affected."
"Ah.. another question, Mr. Blades. Would they not right now have the ah.. right to go out and nego- tiate for ah.. sight for poles?"
"Yes, that is correct, but the negotiations have fogged out." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES
96 A. T. McMaster: "In how many cases? In one specific case?"
"Well, I.. I couldn't answer that. I don't know."
"Well, evidently there must be some reason ah.. thrust behind the Bill, Mr. Blades. You must have a case ah.. a problem with evidently one case."
"That is correct. We have a case in point."
"And the negotiations have broken down on this one case?"
"Yes, Sir."
"Does this ah.. give them the right to ah.. perhaps go out and purchase land for ah.. let's say a land- fill?"
"No, only for the transmission of power."
"Electrical power?"
"Right.
"And also for acquisition of sites for ah.. power stations."
"In relation to a power station for their transmission of power."
"With no regulation at all as far as size of that site is concerned."
"Regulation for what?"
"As far as the size of that site is concerned For instance, it could be a quarter of an acre or it could be 160 acres?"
"Ah.. it would only be reasonable what the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES court system would allow, Representative McMaster, and what the Illinois Commerce Commission would permit. That's why we're putting in under the Commerce Commission."
"But, there is no limitation on the..."
"No. No, Sir."
"Mr. Speaker, I would like to speak against that Bill."
"Proceed."
"Mr. Speaker, Ladies and Gentlemen, of the House, I spoke against this Bill last week and I don't believe that there has been any changes made whatsoever in the Bill. And I would still urge opposition to the Bill."
"The gentleman from Livingston, Mr. Hunsicker."
"Mr. Speaker and Ladies and Gentlemen of the House, I also spoke against this Bill last week and I don't think that there has been any changes made. I know that the Illinois Agricultural Association is opposed to this legislation. Ah.. seems like the farmers are being crowded upon all away along the line. I understand that this line, and if I'm wrong, I would like to be corrected, is mainly for the transmission of power from the Cities out to the lines so that they can have electricity at times when they can't manufacture enough of their own. Now, I'm sympathetic to this cause, as far as that goes. But, after all, somebody gets crowd upon. I wonder if the situation were reversed and we had a dry summer and the grass is all GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 98. burned up out in the Country whether this honorable body would be in the mood-to pass legislation allowing the far- mer eminent domain to come in and herd his cows on some- bodys front lawn. This is the other side of the coin. I think that this Bill ought to be defeated."
"The gentleman from Randolph, Mr. Holloway."
"Mr. Speaker, Ladies and Gentlemen of the House, I'm gonna do my best here in just a minute or two to try to straighten out what is really a simple Bill has been made complicated. This Bill only affects Municipal Power Companies. No such thing as private power companies or ah.. other terms that have been mentioned here, Municipal Power Companies. The City of Springfield is a municipal corporation that generates and distributes its own elec- tricty. The lights in this Chamber come from a Municipal Power Plant. Now, these Municipal Power Plants are asking, well, they can now, but they are asking for the right of eminent domain to build a transmission line, for instance from Springfield to another municipal over here to Jackson- ville. Now, before they can do that, they must come before the Illinois Commerce Commission, do the same as a public utility, the same as a rural electric co-operative. They must prove that it is in the public interest. They must prove that they can't get power in here any other way. They must prove that they can't genera te enough for themselves. And then, if the Commerce Commission deems that it is in GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES the public interest, they bestow upon them the same rights as they would any other public utility. This is no grab. This is no ah.. play for business. As you all know, your having blackouts all over the Country today, a shortage of power in the summer time. And as a matter of necessity, it is getting to the point where every power supplier re- gardless of what label he may wear, municipal, co-operative, rural electric, R.E.A., public utility, must have the right to tie with somebody so that they can be picked up in the case of a power shortage or a total plant failure. That's all that this Bill does. Representative Blades is taking every Amendment that everybody has asked him to take. I felt and ah.. ah.. I'm sure he did that this Bill was ah.. satisfied in every respect. Personally, I can see no oppo- sition to it. It makes little difference to me, but I do want... I did want to explain it so that there is no mis- understanding. And I think that it is a good Bill."
"The gentleman from Madison, Mr. Calvo."
"Mr. Speaker, I would like to move the prev- ious question, I think we've discussed this long enough."
"All those in favor say 'aye', the opposed 'no', the 'ayes', have it and the Question has been moved. The gentleman from Wayne, Mr. Blades, to close."
"Mr. Speaker, Ladies and Gentlemen of the House, I would point out one point and I want understood, perfectly clear that in the placing of this under the Commerce Commis- sion, that was not so that they might regulate the rates GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES of the municipalities. The limited power of the Commerce Commission will only apply in the process of acquiring lands for the right-of-way or for an easement for the power line. Another point that I would like to point out is that the Federal Power Commission now requests interlocking of various systems when new ones are constructed. And I.. I solicit your support."
"Alright.. The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. The ah.. gentleman from Lawrence, Mr. Cunningham." :
"Mr. Speaker and Members of the House, not all of the ideas of my colleague, Ben Blades, are good, but this is an excellent one that he has here. We have many fine communities in Southern Illinois that own their own power plants. And these individuals are resisting the encroachment of large corporations that swallow up the power generating business. They should be commended in their commendable effort. I'm proud to cast a green light. And if your not casting a green light, your wrong and I urge you to switch your green light on, and turn on the light of progress in Southern Illinois. Please vote 'green'."
"The gentleman from Sangamon, Mr. Londrigan."
"Mr. Speaker and Ladies and Gentlemen of the House, I too, rise to support this Bill. Representative Holloway gave an excellent presentation of the Bill and I GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES will not duplicate all of his arguments. I will say, through, that Springfield is a municipality that is in favor of this new tool in order to lower and keep the rates economical. This tool of eminent domain will permit them to keep one of the lowest electric rates in the Country here in our municipality. And I ask you to support it."
"The gentleman from Lake, Mr. Pierce."
"Mr. Speaker, Ladies and Gentlemen of the House, this Bill is reasonable. We now give private companies the right to condemn the Commerce Commission approval outside the City limits. And we do not add to the municipality the public body. Inotherwords, if this Bill doesn't pass, we've granted something to private utilities that we deny public utilities to publicly owned companies municipally owned companies. This is a good Bill and I. support it."
"Have all voted who wished? The gentle- man from Macon, Mr. Borchers."
"Mr. Speaker and Fellow Members of the House, I certainly oppose this Bill for the simple reason that the lines cut right across fields, disregard all rights of farmers and land owners. They have the middle three or four patches of ah.. ah.. the weeds that are a menace to the rest of the crops where ever they may be. I do think that.... We have ample road networks. I see no reason why these power lines can't go down a regular road instead of cutting across helter-skelter across a man's land and fields. Ah.. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES it's just simply another step in the direction of Government control of the individual land owner. And I urge that we do not pass such a Bill not withstanding what the corpora- tions may or may not do. It's inconceivable to me that a town is able to go maybe 20 or 30 miles into another Township another County and take a man's land away from him without any set amount or a limit to what it may be, not counting the miles of lines through the fields. And I think that this should be defeated."
"Take the record. The gentleman from Champaign, Mr. Hirschfeld."
"Mr. Speaker and Ladies and Gentlemen of the House, I'm explaining my vote. I think that anyone who has an Airport in their District should pay a little more attention to this Bill because ah.. if they have the power to exercise eminent domain, they could do the same thing that was done in the area of Champaign-Urbana at the Uni- versity of Illinois Airport where they complied with the Federal Aviation Regulations and they have condemned the land within a 5% differential on your flight path. And that's fine for Commercial Airline: Pilots, but it's going to create unsafe conditions for anybody who has pilot train- ing such as most of these Airports are doing now to sustain themselves. And I would suggest although the Speaker has taken a role that, if possible, those who have voted 'aye' who have an Airport in their District, had better change it to 'nay', or their going to have Airport Authorities in GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES serious, serious trouble."
"On this question, there are 102 'Ayes', and 22 'Nays', and this Bill having received the Constitu- tional majority is hereby declared passed. The gentleman from Macon, Mr. Alsup."
"'Present'."
"'Alsúp.. 'present'. On the order of postponed consideration appears House Bill 3614, the gentle- man from Lake, Mr. Murphy, asked leave to have brought back to the order of Third Reading for purposes of ah.. consider- ation. The Bill has been read a third time. The gentleman from Lake, Mr. Murphy."
"Mr. Speaker and Ladies and Gentlemen of the House, House Bill 3614 was up the other day when there were quite a few Members absent and I was a few short votes from passing. This is one that is a permissive Bill and it re- places the three cents to County Laws. But this 3 cents is to be used for law enforcement, law enforcement only. Now, many of our Sheriff's Departments all over the State of Illinois last year, their appropriations was cut. They had to curtail their services to the people and we did not have the law enforcement that is needed today. And this is a Bill that I have introduced at the request of the Sheriff's Association in the State of Illinois. Ah.. it will serve a good purpose ah.. because we have a greater need for law enforcement in this State than we've ever had before. And I solicit your support on this Bill." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES
104 Hon. W. Robert Blair: "The gentleman from DuPage, Mr. Hudson.
"Will the Sponsor yield for a question?"
"He indicates he will."
"Is there a ah.. referendum involved in this?"
"Well, this is up to the County Boards. The County Boards will pass on it if they decide to accept it. It is permissive. They do not have to take it, but for the Counties, the large Counties like Lake County that need it, why it is up to the County Board to adopt it."
"Further discussion? Would the gentle- man care to close?"
"No. I would solicit your support, please."
"The question is, 'shall House Bill 3614 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The gentleman from Lake, Mr. Murphy."
"Say fellas... Do at least as good as you did the other day on it. Will ya?"
"Have all voted who wished? The Clerk will take the record. Alright.. On this question, there are 75 'Ayes', and 32 'Nays', and this Bill fails. 3788, 3789. The gentleman from Cook, Mr. Randolph, asked those to be brought back to the order of Third Reading into consideration postponed into Third Reading with leave of the House. They've been read a ah.. third time. Does the gentleman desire to have both of them considered at the same time? Does he have leave to have that. Alright.. Proceed on 3788 and 3789." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES
105 Paul J. Randolph: "Mr. Speaker and Members of the House, House Bill 3788 amends 'The Chicago Municipal Code' and House Bill 3789 amends 'The Hotel Operators Occupational Tax' by spe- cifically authorizing a Hotel Operator to state this Tax as a separate charge and pass it on to his customers. House Bill 3788 amends the provision of the 'Municipal Code' which authorized the municipalities of a population over 500,000 to levy a 1 percent Hotel Tax by specifically authorizing a Hotel Operator to set out that Tax as a separate charge in combination with the State Tax' and to pass on that Tax to his customers. These Bills are similar in purpose to House Bill 2176 and House Bill 2177 passed by the Legisla- ture last year which codified a Retailer's right to pass on amount equal to the municipalities and counties Retailer's Occupational and Service Tax to its customers. These Bills have the approval of the Department of Revenue. These Bills do not impose or afford any new rights or privileges to Hotel Operators. These Hotel Tax Amendments give Hotel Operators the same type of clarification rights and duties as the Amendments to the Municipal Retailer's Occupational Tax gave to the Merchants. They are.. They set force in the Hotel and Tax Act the procedures which have long been recog- nized practice in this State. And I urge your approval of these two measures."
"Discussion? The gentleman from Cook, Mr. William Walsh."
"Well, Mr. Speaker, Ladies and Gentlemen of GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES the House, I can't see where this Bill is one bit better than it was when we defeated it a week or two ago. This 1 percent that the gentleman speaks of is a levy that the City of Chicago only has. It permits the City to levy a 1 percent tax for the specific purpose of tourism. The chief beneficiaries tourism spending by the City of Chicago are the Hotels and Motels in Chicago. Now, if they pass this 1 percent on, they may or may not, the Hotels and Motels are not paying it. Your constituents are paying it. What we, in effect, are doing is giving the Hotels and Motels an additional 1 percent because, as you know, each and every one of them will do it. Now, at the present time, there is no prohibition against them using a stamp and saying that 1 percent of their Hotel Bill goes to the City of Chicago for the purpose of tourism. And I submit to you that if their is a tax shown that that tax is going to be shown and people are going to feel that it's a State Tax. I wonder how many people in the State of Illinois realize that 1 percent of the 5 percent Sales Tax charged goes to munici- palities. I suggest to you that this is still a bad Bill and that we ought to vote 'no'."
"The gentleman from Cook, Mr. Maragos."
"Mr. Speaker and Members of the House, I rise in support of these Bills, because first of all, it is optional whether any municipality desires to have this tax placed on it and its' constituents and its ah.. operators in its various particular localities. More importantly, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 107. the tax that will be paid here will not be paid primarily by our constituents, but rather by the transients who go and use these facilities who are travelers. And therefore, many of the local taxing bodies will benefit further by this in that, all of the transients who come in and use the facilities and use the Police and use all of the other services that are necessary to conduct and protect the sleep- ing public and the Hotel using public, they will be serviced and maybe our schools in those areas who need it very badly. I think that we should support this Bill and make it uniform what we can do with the Retailer's Occupational Tax now. So, I ask for your support for this fine legislation."
"The gentleman from McLean, Mr. Hall."
"Mr. Speaker, I also rise to support this Bill and point out as I look over a Bill that I have before me from the St. Nicholas Hotel that we're all familiar with. and this was furnished to me by my colleague sitting in back of me. And, I won't enumerate all of the charges on it for obvious reasons, but it does ah... refect the Tax. And the Tax becomes an important part ah.. of our ah.. anything that we buy these days. And I think that it is very appro- priate that all of us who use services or buy goods ah.. no would part of the price that we are paying is tax. I think it's a good Bill. I think it brings the Tax on Hotels and Motels in line in the requirements whether it can be passed on and can be shown or not with other ah.. services and good that are taxed." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Hon. W. Robert Blair: "The gentleman from Cook, Mr. Meyer."
"Mr. Speaker, I rise in opposition to this Bill. Presently the Hotel-Motel Operator in the City of Chicago absorbs the cost of this Tax. If this Bill is passed, it will be listed, on let's say a twenty dollar bill, Hotel Bill. The Bill will show twenty dollars and twenty cents. And, Mr. Speaker, I don't believe that anybody want to increase taxes this Session of the Legislature."
"Any further discussion? The gentleman from Cook, Mr. Randolph, to close."
"Mr. Speaker and Members of the House, this is not an increase in any Tax. These Bills do not afford, impose or ford any new rights or privileges to Hotel Opera- tors. The practice of passing on amounts representing the Municipal Occupational Tax has been recognized and sanctioned by previous Legislative Amendments to the General Assembly. It has been the proved ah.. by the Department of Revenue rulings, namely using tax rule 4.5 and also, the Courts have also upheld this pass on. The conification of these long standing practice will assist and it has another and more consistent administration of the Hotel Tax. Act. It is only right that the Illinois Statutes that reflect or has in affect been the Law for years. To do otherwise would de- feat a businessman's right to contract with his customer and ah.. I urge a favorable vote on this measure."
"Alright.. The question is, 'shall these two Bills pass?'. All those in favor will vote 'aye', and GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES the opposed 'no'. The Clerk will take two Roll Calls. The gentleman from Cook, Mr. Hyde."
"Mr. Speaker, Ladies and Gentlemen of the House, I'm voting 'aye' on this because I'm against hidden taxes. And the City of Chicago does impose this Tax. Ah.. the Hotels in the City of Chicago as distinguished from outside the City, the Motels on the MannheimStrip which are not within the City, they are doing real well. But, the Hotels in Downtown Chicago are in serious trouble. This tax is imposed by the City. I think that the public whether they are from Toledo or from ah.. anywhere ought to know that they are being stuck with this Tax and it ought to be set out in front of them. I'm against hidden taxes.. I'm for the public knowing that they are being taxed and the amount of their tax. And therefore, in opposition to the principal of hid- den taxes, I am voting 'aye' for this Bill."
"The gentleman from Cook, Mr. Richard Walsh."
"Mr. Speaker, it seems that all of the dis- cussion on this subject is from this side of the aisle. How- ever, I do think that we all should know, especially we Republicans, that the Governor of this State indicated that there would be no increase in taxes during this fiscal year. Now ah... Representative Hall referred to a Hotel Bill from the City of Springfield. There is no 1 percent tax imposed by the City of Springfield. This tax is imposed in the City of Chicago. And those Hotel Bills from the City of GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 110. Chicago now show a 5 percent State Hotel-Motel Tax. If this Bill becomes Law, that tax will now be 6 percent, one per- cent to go to the City of Chicago. It has been indicated that the user of that Hotel-Motel room has no idea of where that money goes. As far as he is concerned, he is paying the State of Illinois. And I'm with the Governor, I'm a- gainst an increase in taxes during this fiscal year. I vote 'no'."
"Have all voted who wished? The Clerk will take the record. Alright.. the gentleman has asked that the absentees be polled. Proceed."
"Alsup.. Arrigo.. Barnes.. Blades.. Blu- thardt.. Boyle.. Bradley.. Brandt.. Burditt.. Caldwell.. Capparelli.. Capuzi.."
"Ah.. Capuzi.. 'aye'."
"Jimmy Carter.. Chapman..".
"Blades.. 'aye'. Chapman.. 'aye'. Blades.. 'aye'."
"Corbett.. Cox.. Day.."
"Day.. 'aye'."
"Dyer.. Friedland.."
"Friedland...'no'."
"Gibbs.. Hart.. Henss.. Holloway.. Houde.. Katz.. Klosak.. Kosinski.. Laurino.. Ed Madigan.. Mann.. McAvoy.. McCormick.. McDermott.. McGah.. Mc.."
"McGah.. 'aye'."
"McMaster.. Moore.. Rayson.. Redmond.. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 111 Rose.. Schisler.. Sevcik.. Simmons.. Jack Thompson.. Tips- word.. VonBoeckman.."
"Tipsword.. 'aye'. Kosinski.. 'aye'. Laurino.. 'aye'. Alsup.. 'aye'."
"Wall.. Washburn.. Harold Washington.. Williams.. Zlatnik.."
"On this question, there are 94 'Ayes', and 39 'Nays', and each of these two Bills having received the Constitutional majority are hereby declared passed. 36... ah.. 3806 through 4073 and with leave of the House, we'll have... Those are the revisionary Bills. We'll have the Clerk read all of those ah.. to be considered at one time and ah.. if there's not objection. Hearing none, we'll.... The gentleman from Cook, Mr. McGah."
"Ah.. Mr. Speaker, before we start this, there's five House Bills that should be tabled in this first set. I wonder if I could have leave of the House to table House Bill 3878, 4044, 4062, 4067 and 4069. I'm the princi- pal Sponsor."
"Are there objections? Hearing none, those Bills will be tabled. We're going to call one more Bill on consideration postponed before going on to the Revisionary Bills. On the order of consideration postponed appears House Bill 2653 which has been read a third time and for which purpose the gentleman from Cook, Representa- tive Epton, is recognized."
"This is an Amendment to bring it back to GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 112 Second Reading for the purpose of Amendment, Mr. Speaker."
"Does the gentleman have leave to re- turn House Bill 2653 from the order of Third Reading to Second Reading? Hearing no objections, House Bill 2653 will be ordered back to Second Reading. And does the Clerk have an Amendment?"
"Amendment No. 1, Epton..."
"Mr. Speaker."
"The gentleman from Cook, Representa- tive Epton."
"To explain this Amendment, I first, want to preface my remarks by thanking the Speaker of the House, the Majority Leader and Minority Leader, who spent many many hours on this very important Hospital Bill. As a re- sult of their pounding heads, they came forth with an Amendment which, in effect, has satisfied all of the various interests including the public. This Amendment ah.., with- out going into substantial detail which I would be happy to do on Third Reading, but very simply this particular. The only feature that was changed of any consequence was in- stead of the Director of Public Health having the right to issue the Certificate of Need. A. Certificate of Need will now be issued by a Regional Board or by a State Board. I move the adoption of Amendment No. to House Bill 2653."
"Is there any discussion? The gentle- man has offered to move the adoption of Amendment No. 1, to House Bill 2653. All in favor of the adoption signify GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 113. by saying 'aye', opposed 'no'. The Amendment is adopted. Are there further Amendments? Third reading. And now, we will go back to the order of Third Reading and pick up those Revisionary Bills. The Clerk will read all of them ah.. a third time. We'll take one Roll call and the Clerk will make an appropriate number of copies."
"House Bill 3806, House Bill 3807, 3808, 3809, 3810, 3811, 3812, 3813, 3814, 3815, 3816, 3817, 3818, 3819, 3820, 3821, 3822, 3823, 3824, 3825, 3826, 3827, 3828, 3829, 3830, 3831, 3832, 3832, 3833, 3834, 3835, 3836, 3837, 3838, 3839, 3840, 3841, 3842, 3843, 3844, 3845, 3846, 3847, 3848, 3849, 3850, 3851, 3852, 3853, 3854, 3855, 3856, 3857, 3858, 3859, 3860, 3861, 3862, 3863, 3864, 3865, 3866, 3867, 3868, 3869, 3870, 3871, 3872, 3873, 3874, 3875, 3876, 3877, 3878, Ah.. 3877, 3878 is tabled. 3879, 3880, 3881, 3882, 3883, 3884, 3885, 3886, 3887, 3888, 3889, 3890, 3891, 3892, 3893, 3894, 3895, 3897, 3896, 3897, 3898, 3899, 3900, 3901, 3902, 3903, 3904, 3905, 3906, 3907, 3908, 3909, 3910, 3911, 3912, 3913, 3914, 3915, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925, 3926, 3927, 3928, 3929, 3930, 3931, 3932, 3933, 3934, 3935, 3936, 3937, 3938, 3939, 3940, 3941, 3942, 3943, 3944, 3945, 3946, 3947, 3948, 3949, 3950, 3951, 3952, 3953, 3954, 3955, 3956, 3957, 3958, 3959, 3960, 3961, 3962, 3963, What's was that? 3963, 3964, 3965, 3966, 3967, 3968, 3969, 3970, 3971, 3972, 3973, 3974, 3975, 3976, 3977, 3978, 3979, 3980, 3981, 3982, 3983, 3984, 3985, 3986, 3987, 3988, 3989, 3990, 3991, 3992, 3993, 3994, 3995, 3996, 3997, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 114 3998, 3999, 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043, Yeah.. I know.... 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, This one is suppose to be out. Where is 63? 4063, 4064, 4065, 4066, 4068, 4070, 4071, 4072, 4073. Third reading of the Bill."
"Is there any discussion? Representa- tive Downes, you have a question, Sir? The question is, 'shall these Bills pass?', All in favor will signify by voting 'aye', and the opposed by voting 'no'. And the Clerk will take and make an appropriate number of Roll Calls. Have all voted who wish? Take the record. On this ques- tion, the 'Ayes' are 154, and the 'Nays' are 0, and these Bills having received the Constitutional majority are here- by declared passed. On the order of Third Reading... On the order of Third Reading appears House Bills 4220 through 4239. And the Clerk will read these Bills a Third time. And after Roll Call he will ah.. take an appropriate number of Roll Calls."
"House Bill 4220, 4221, 4222, 4223, 4224, 4225, 4226, 4227, 4228, 4229, 4230, 4231, 4232, 4233, 4234, 4235, 4236, 4237, 4238, 4239. Third reading of the Bills."
"Is there any discussion? The ques- tion is, 'shall these Bills pass?'. All in favor will signi- fy by voting 'aye', and the opposed by voting 'no'. The GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 115. Clerk will take an appropriate number of Roll calls. Have all voted who wished? Take the record. On these questions, the 'Ayes', are 142, the 'Nays' are 0, and these Bills hav- ing received the Constitutional majority are hereby declared passed. House Bill 4440."
"House Bill 4440, an Act in relation to reclamation to certain surface mine land. Third reading of the Bill."
"The gentleman from Stark, Representa- tive Nowlan."
"Mr. Speaker, I would ask leave to have House Bills 4441, 42, and 43 considered with 40 as they are companion measures."
"Are there any objections? The gentle- man from Lake, Representative Matejevich, do you voice an objection, Sir?"
"No. I really don't have an objection but I do know that Representative Harold Stedelin is very interested in this subject matter. He's not on the floor and I wonder if the Sponsor would hold this awhile. Because he has intense interest in these Bills."
"Representative Matejevich, I have held these for some time, but if he does feel that strongly in deference to him and a fair hearing for the Bills, I will hold them."
"He's around here. He just happens to off the floor at this time."
"Do you want it out of the record, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Representative Nowlan? Ah.. We'll take them out of the record. House Bill 4348."
"House Bill 4348, an Act to amend an Act relating to County Zoning. Third reading of the Bill."
"The gentleman from Cook, Representa- tive Moore."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4348 permits the use of land for Contractors for zoning for the duration of a Construction Contract. The existing Law which we passed last year ah.. gave them this use for a period of one year. There has been some problems in the Construction Industry where the Conract lasts for longer than a year due to weather, in- climate weather, just by the nature of the Contract. So, as a request of the Industry, they wanted to extend it from a period of one year to the duration of the Construction Contract. I know of no objection to the Bill. And I move for a favorable Roll call."
"Is there any discussion? The ques- tion is, 'shall House Bill 4348 pass?'. All those in favor will signify by voting 'aye', and the opposed by voting 'no'. Have all voted who wished? Take the record. On these questions, there are 112 'Ayes', 3 'Nays', and this Bill having received the Constitutional majority if hereby de- clared passed. House Bill 4469."
"House Bill 4469, a bill for an Act to amend 'The School Code'. Third reading of the Bill." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Rep. Arthur A. Telcser: "The gentleman from DuPage, Representa- tive Hoffman."
"Representative Clabaugh."
"The gentleman from Champaign, Repre- sentative Clabaugh."
"Mr. Speaker and Members of the House, House Bill 4469 if enacted in the Law could affect only the 12 or 15 special charter School Districts in the State of Illinois. Now, the present Law gives the special charter Districts the right by election to change to the General School Law to abandon its' charter and to change the General School Law. If it doesn't, the present law... If it does do that present Law states that they must elect a new board in the new district or in the district after it's changed back to the General Law and prescribes the method of doing. Now, House Bill 4469 does not any special charter District to change, but if it does, this Bill provides that they do not have to have an election for a new Board. But that the present Board proceed, hold office in the same way for the expiration of their term just the same as any other Board. I know of no objection. I know of one special charter District in the State that may be changing and they want to avoid the expense of a special election. And I urge your support of the Bill."
"Is there any discussion? The ques- tion is, 'shall House Bill 4469 pass?'. All those in favor signify by voting 'aye', and the opposed by voting 'no'. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 118 Have all voted who wished? Take the record. On this ques- tion, there are 130 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority if hereby de- clared passed. House Bill 4207."
"House Bill 4207, a Act to amend the 'Illi- nois Highway Code'. Third reading of the Bill."
"The gentleman from Macoupin, Repre- sentative Bartulis."
"Mr. Speaker, Members of the House. House Bill 4207 extends to 1977 the term of Highway Commissioners of Townships and consolidated Townships, Road Districts elected in 1971... Pardon me... elected in 1971 with the exception of Cook County. Also provides for their election in 1977 and every four years thereafter to coincide with the elections of other Township Officers."
"Is there any discussion? The ques- tion is, 'shall House Bill 4207 pass?'. All those in favor signify by voting 'aye', and the opposed by voting 'no'. Have all voted who wished? Take the record. On this ques- tion, there are 109 'Ayes', and 1 'Nay', and this Bill hav- ing received the Constitutional majority if hereby declared passed. House Bill 631."
"House Bill 631, an Act in relation to dis- solution of marriage, legal separation, marital rights, and parental responsibility. Third reading of the Bill."
"The gentleman from Cook, Representa- tive B. B. Wolfe." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Bernard B. Wolfe: "Thank you, Mr. Speaker and Ladies and Gentle- ment of the House. House Bill 631 is really not my Bill. It's a creature of study, deliberation, public hearings. And I would like at this time to publicly thank some of the Members of this House who were instrumental in the work that was necessary to put this Bill into condition and to conform with I consider to be passage. First of all, the Majority Leader, Henry Hyde ah.. Representative Fleck, Representative McDevitt, Representative Lindberg, Members of the Judiciary Committee and Judiciary Sub-Committee and Judge Hunter of the Circuit Court of Cook County, the chief Judge of the Divorce Division. The main thrust of House Bill 631 is to stabilize in the family unit, to bring dignity and meaning to the members of the family unit, both husband, wife, and of course, the children, and to establish procedures in an uncharged atmosphere conducive to preserving the family unit. Now, historically, I saw a little quote in a magazine recently, which I think is applicable, and I would like to just quote. It is an anonymous quote. 'The more extensive a man's knowledge of what has been done, the greater will be his power of knowing what to do'. Histori- cally in the State of Illinois, in the first Constitution of 1818, the General Assembly was authorized to issue di- vorce decrees. This was amazing to many of the Members of the House. But, there was no such thing in those days as a Court Divorce. In the Constitution of 1848, the first so called divorce action... Thank you, Mr. Speaker. The GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 120. first divorce act was created and since that date, there have been additions to the Divorce Act. Until this year of 1972, we have really done nothing constructive in the way of bringing together all of the Law of this State con- cerning the family unit. And what House Bill 631 attempts to do is to bring all of the statutory law and all of the case law of this State together in one marital rights code. Now, some of things that I would like to mention briefly that this Act does is this. It provides for reconciliation services before the institution of a legal proceeding. The present Law only permits reconciliation services to be ah.. authorized by the Court or recommended by the Court after a law suit has been filed. Now, many of you can realize that this is a too late a period of time within which to mend or in which to reconstruct the family differences.. This Bill provides for both the reconciliation services before the institution of suit as well as after. And the Department of Family Services ah.. Children and Family Services have supported the concept in this Bill. And, I would like to tell the House that there are no appropria- tions in the Bill. This has been amended out. The original provided for a special service which called for an appropria- tion. But, as you will note from your digest, there are seven Amendments and one of these Amendments removes that ah.. particular condition. I would like to briefly note ah.. for the House Members that the emotional conflict be- tween feuding spouses is more often than not heightened by GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES multiple litigation concerning economic rights and the cause of the conflict becomes the children of the family. And the thrust of this Bill is to provide for these children the maximum protection allowable under the Law even to the extent of appointing court counsel if necessary to protect the rights of the children in any kind of a proceeding. Another major procedural change in the Bill is that we now eliminate the advisory concept of divorce in saying so and so, the wife against the husband or the husband against the wife. We lend dignity by saying that this matter in the matter of the family of John Doe and it becomes that kind of a proceeding when a petitioner and a respondent. If there are any question concerning the bill, ah.. I would certainly invite them and I would earnestly and urgently solicit your support of House Bill 631."
"The gentleman from Cook, Representa-- tive Schlickman."
"Will the Sponsor yield to a couple of questions?"
"He indicates he will."
"Representative, do you add to the ground for divorce?"
"No, we do not add to any of the existing grounds for divorce. What we do is take the existing statua- tory grounds as they have been added to over the years including the last ground that this General Assembly added to the existing grounds ah.. and treat those grounds as a GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 122. Code of Misconduct in the Bill. So, we have the existing grounds for divorce as it's presently constituted."
"When a complaint is initiated for di- vorce, do we have the moving party, the initiator, alleging grounds as we do now?"
"Yes. The statutory ground as we now have it."
"What do you do about separate mainten- ance?"
"In the area of separate maintenance, we have made a substance of change in that area. In the area of separate maintenance, as the Law now stands on the books of our ah.. State, any party can file an action in the separate maintenance field. And to just briefly explain it to the late Members of the House, a separate maintenance action is a separation of the parties who are legally con- sidered to be married, although legally divorced. So, it is sort of an archaic kind of status. This Bill provides that in that area only.. that in that area only where there has been a separate maintenance action filed and where the party or parties have submitted to reconciliation services as a condition preceding and where after two years, the family is not united, then either party at that point, may petition the Court for a dissolutionof the marriage on the grounds that they have been able to ah.. reconcile their difference. They have not been able to respond to a recon- ciliation services that they cannot continue has a family." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Eugene F. Schlickman: "Well, Representative, you are then add- ing a new grounds for divorce, which would founded upon A. Separation. Inotherwords, filing the nature of a no- fault divorce."
"No, it's not. It is absolutely not in the heading of may Bill, this is not a no-fault divorce bill. We are not adding any grounds. Under the present statute of this State and for more than 100 years, a desertion... a desertion by either party is a constituted grounds for di- vorce. And that's a period of one year. What we are saying in the separate maintenance Section of the Law today is that if these parties have been separated, they are not legally constituted. And if this separation continues for two years and if the parties have submitted to reconciliation services to reunite themselves as a family and this has failed, then they can petition the Court and that basis."
"What your saying, Representative, is that either party, whether it be the agreed party or the party who is aggrieving for two years, may petition for divorce. And just simply the fact that they have been separ- ated for a two year period that they have undergone some reconciliation efforts.. Either party may petition for di- vorce so long as there has been a prescribed period of sep- aration, so long as there has been some attempt, whether it be bona fide or not, either of the two parties may secure a divorce. Is that correct?"
"In answer to your question, Representative GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Schlickman, I think that I ought to quote from a commentary made by James Jensen, an eminent Commentator on American Law who said 'that the limited divorce and separate main- tenance throws the parties back upon Society in the unde- fined and dangerous character of a wife without a husband and a husband without a wife'. Professor Barnere, in the same category said on American Family Laws, 'The affect of limited divorce leaves the parties in the position of un- married persons in relation to each other, deprived from the pleasures and freed from the duties incident upon co- habitation. Yet, as to the rest of the world, they are still married. Such a divorce requires a degree of chastity scarcely to be expected of an ordinary mortal and it leaves neither party free to marry again and is no defense to a criminal charge of either of bigamy or adultery'. And this proposition under our present Separate Maintenance Law was submitted to the Judiciary of this State. And there overwhelming support of this concept ah.. in the ah.. hear- ings that we took favor this kind of treatment."
"Representative Matejevich, for what purpose do you rise, Sir?".
"As I understood the question, it could be answered with a 'yes' or 'no'. And I think that we're going far afield here."
"Mr. Speaker, if I may."
"You've only got about a minute, Representative Schlickman. So, proceed, Sir." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 125.
"I have no further questions. I would simply like to make this point. I asked Representative Wolfe at the offset if there were any new grounds for di- vorce contained in this Bill. He indicated in the negative and yet upon inquiry, we find that we do have a new ground for divorce set forth in this Bill. It's in the nature of no-fault. I would suggest that, perhaps, it ought to be given more careful consideration by Members of the House be- fore being voted upon."
"The gentleman from Cook, Representa- tive Hyde."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. My name was mentioned by the distinguished Sponsor of this Bill as somehow being involved in it and my involvement was that I was appointed by the ah.. Chairman of the. Judiciary Committee in the last Session to chair a Sub-Committee to hear testimony on a comprehensive revision on the marriage and legal separation, etc., etc., etc., an Act that Mr. Wolfe has prepared. And we did have about three hearings. We heard from various people. And frankly, it was my opinion, that this Bill that was proposed was so complicated and tried to do so much about so many important things, that it just wasn't practical or feasible to make a recommendation. We never did make a recommendation back to the full Committee. Ah.. I do not know that this Bill is supported by the Matrimonial Laws Committees of any Bar Association or the Association of Matrimonial Lawyors. I GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES know thatthey're insomewhat disagreement over how the best this should be done. I want to commend the Sponsors for for ah.. laborious work and ah.. important work. But, I do believe that it does change the Law substantively on di- vorce and it tries to do much too much. Ah.. for example, mental cruelty, they add that it need not be evidence of mental or physical deterioration and the Court shall not re- quire proof that any principal party is under medical care. That seems to me to open the door to ah.. all sorts of ah.. looseness in granting a divorce. What is mental cruelty to one person may certainly not be mental cruelty to another.. Ah.. the Bill is too complicated. It tries to do too much. And I... In lacking support, by responsible experts in this field, I ah.. with regret will... am unable to support the Bill."
"The gentleman from Cook, Representa- tive Meyer."
"Mr. Speaker, when I was lucky enough to come down here in 1967; Representative Wolfe had a no-fault divorce Bill. This would be the fourth one that he's had since then and every one of them has been beaten and I sug- gest that this one be beaten also."
"The gentleman from Cook, Representa- tive Fleck."
"Well, Mr. Speaker, Ladies and Gentlemen of the House, I'm not one who is well in favor of divorces. As a matter of fact, I feel that the proper way to approach divorce is to nip it in a bud. And following that principle), GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES I never got married. However, I think a lot of you are look- ing at this Bill improperly when the question of no-fault comes up. What is really does in this particular area where you might think that it's no-fault, it forces parties who have no other grounds, who are fighting to the children's detriment, it forces them if they go into a legal separation to go to reconciliation services. The Court is saying to these feuding spouses, look you've got to go and you've got to see if you can patch this family together and keep it together. Otherwise, your not going anywhere with it. If they don't avail themselves of the reconciliation services, their not going to get a divorce on any new ground which Representative Schlickman is concerned about. That ground doesn't exist unless they avail themselves to the recon- ciliation services. Representative Hyde stated that he was a Chairman of a Sub-Committee that went over this Bill. I was too, and we spent a number of hours, I'd say twenty hours working on that Amendment. Now, the Bill is compli- cated, I agree. The Matrimonial Lawyers aren't in favor of it because they don't want any changes at all in the Law. This is probably the most practical approach to the ques- tion of divorce that I have seen.come along. And I am sure that if a lot of Members would have spent a lot of time on the Bill as the rest of us had, you would also agree. And I urge you to reconsider this great onerous and scare that you have about this no-fault. This forces the spouses to go to a marriage counselor, a psychiatrist and try and keep GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES together. I think that it help them and it helps the family and helps the family unit and the children involved. I urge you to support this Bill."
"The gentleman from Boone, Representa- tive Cunningham."
"Mr. Speaker, I move the previous question.
"The gentleman has moved the previous question. All those in favor signify by saying 'aye', the opposed 'no', the gentleman's motion prevails. And Repre- sentative B. B. Wolfe, to close the debate."
"Thank you, Mr. Speaker. I want to reinter- ate again, Ladies and Gentlemen of the House, the Bill is not complicated. It's only complicated because over a period of one hundred and twenty four years, we have added onto the present divorce Bill. And all this does, we have a fifty eight page supporting report on this Bill showing that the case history of this Law supports every revision in this Bill. This does have the support of sociologists. It has the support of Doctors. It has the support of thinking Lawyers who see the present divorce rate as destroying the family unit in this State. Now, when I started this work in 1967, the divorce rate at that time was 1 out of 3. The present statistic is 1 out of 2 and a half, and we're rapidly approaching a condition of 1 out of 2 marriages will wind up in the divorce courts in this State. And the thrust of House Bill 631 is to stop that degeneration of the family unit and attempt to bring some sanity into the ah.. courts of the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 129. whole system of the dissolution of marriages. In closing, Ladies and Gentlemen, I would just like to briefly read, 'If we are to stabilize Marital Relations so that reconcilia- tion may be had, the Laws must be so fashioned that all con- flicts are disposed of on a rational, uniform basis which removes and lessens the tensions within the Courts'. I don't know if any of you have ever sat through a divorce proceeding or had the pleasure of seeing the turmoil that goes on in the divorce court. I urgently ask. that this House support what is good legislation and what is a move forward in the twentieth century towards some sanity within the area of family relations. Thank you."
"The question is, 'shall House Bill 631 pass?'. All those in favor signify by voting 'aye', the opposed by voting 'no'. The gentleman from Livingston, Representative Hunsicker, to explain his vote."
"Mr. Speaker and Ladies and Gentlemen, I would like to explain my vote. I sat here quietly listening to the arguments both pro and con for this legislation. And I've come to the conclusion that this is an easy-out to get out of marriage. I don't remember what the Sponsor's middle verse was that he started with but he said that 'The greater will be the knowledge of knowing what to do'. Personally, I doubt this, because some have been married four, five and six times in this Country. I won't say in this House but in the Country because you read about it in the papers. This legislation is going to result, if it passes, in the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 130. breakdown the institution of marriage. And that marriage will become a farce as far as I'm concerned. The rule will be get married today and get a divorce tomorrow. This may be right in the eyes of man, but God who instituted marriage will be the judge. And this legislation will soundly be defeated."
"The gentleman from Cook, Representa- tive B. B. Wolfe."
"Unfortunately, I don't think that my col- league heard the arguments in connection with this Bill. And to say that the Bill will create conditions which are detrimental to the family is absolutely wrong and erroneous. With the existing State Law over the past decade, we have now reached more than 24,000 cases of divorce in Cook County. And I'm going to tell this House that the thrust of 631 is to reverse that trend and to bring some sanity into the family to compel reconciliation services in an area where it is much needed. To protect the children in an area where it is much needed. And yes, to protect both the husband and wife relationship in a area that we know is much needed. This Bill does nothing but lay the blueprint for a more decent type of approach to this family problem. And per- haps, for lawmakers to sit back and attempt to evaluate it on any other grounds is absolutely in error."
"Have all voted who wished? Record that Representative Maragos is voting 'present'. Take the record. On this question, the 'Ayes' are 49, the 'Nays' GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES are 52, and this Bill having failed to receive the Consti- tutional majority is hereby declared lost. Record Repre- sentative Dan O'Brien as voting 'present'. House Bill 3779. Take that out of the record. House Bill 4268."
"House Bill 4268, a bill for an Act to amend 'The School Code'. Third reading of the Bill."
"The gentleman from Cook, Representa- tive Schlickman."
"Mr. Speaker and Ladies and Gentlemen of the House, House Bill 4268 provides additional State Assistance to a public school district impacted by the closing of a private school operated by a residential care facility which has contracted with the State Department of Children and Family Services. Specifically, the Bill pro- vides that if the enrollment of a public school district is increased by 5 percent or more as a result of such a private school closure, the Governor of the State may, if he sees fit, declare that an emergency exists and the Office of the Superintendent of Public Instruction would then develop plans and specifications for additional classroom facilities to be financed and constructed through the School Building Commission. The Bill was drafted through the cooperative efforts of the Representatives of the Office of the Governor, Office of the Superintendent of Public In- struction, the School Building Commission. It was reported out with recommendation, do pass, by the Elementary and Secondary Committee of this House without a dissenting vote. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES I respectfully solicit your vote."
"Is there any discussion? The gentle- man from Cook, Representative Richard Walsh."
"Will the Sponsor yield for a question?"
"He indicates he will."
"Gene, you referred to this Bill as providing impaction aid. As I read the digest all it requires... all it provides for is the School Building Commission to acquire facilities. It ah.. doesn't provide for any ah.. any ad- ditional distributive aid, does it?"
"No."
"So, ah.. it just provides for the acquisi- tion of additional facilities ah.. in a given school dis- trict just as the School Building Commission now does. Is that correct?"
"The School Building Commission is the mechanism through which the additional classroom facilities that are deemed necessary will be provided."
"There will be no increased distributive aid, though?"
"That's right. Exactly."
"Thank you."
"Is there further discussion? The gentleman from Cook, Representative Katz."
"Ah.. Would the gentleman yield to a question?"
"He indicates he will."
"Ah.. is there a requirement that the School GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 133. that would be acquired by the School Building Commission could only be operated as a public school, thereafter, or could it continue to be operated as a private school in any form?"
"No. It's to be operated by the public school district as a public school on publicly owned proper- ty."
"Is there further discussion? Does the gentleman wish to close the debate? The question is, 'shall House Bill 4268 pass?'. All those in favor will signify by voting 'aye', and the opposed by voting'no'. Have all voted who wished? Take the record. On this question, there are 137 'Ayes', and 1 'Nay', and this Bill having received the Constitutional majority is hereby de- clared passed. House Bill 4191."
"House Bill 4191, a bill for an Act to amend the 'School Code'. Third reading of the Bill."
"The Lady from Cook, Representative Chapman."
"I'm just finishing up with my Ham Sand- wich. I'm sorry. Okay. Mr. Speaker and Members of the House, this is one of two Bills which will provide for uniformity in terms of age. When we elect people for local boards. This Bill will reduce from 21 to 18, the age at which one may be a candidate and may be a member of a High School or Elementary School Board in our State. At the present time, you may run for Sheriff of your County GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 134. if you are 18. You may run for Village Board, Park Board, Library Board, any local position except for School Board. In order to provide uniformity as well as the full benefits of citizenship to our newly enfranchised 18, 19 and 20 year old voters. I ah.. respectfully request your support for this measure."
"The gentleman from Cook, Representa- tive Hyde."
"Will the distinguished Lady yield to a ques- tion?"
"She indicates she will."
"Ah.. Miss Chapman, would you mind telling me if... would you mind telling me if your Bill excludes the City of Chicago and if so, why?"
"Ah.. as you know, Chicago is in a special Section of 'The School Code'. So, ah.. this measure, while not including Chicago, was not written to exclude it. It takes ah.. another ah.. Section to add Chicago."
"What we laughingly call a companion Bill?"
"That's right."
"And therefore, we have this little island of immunity from the 18 year old membership on a School Board that is known as Chicago? Right?"
"Ah.. Mr. Hyde, I would be happy to support your Bill which would take care of this island."
"May I be heard on the Bill, please?"
"Proceed, Sir." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 135.
"Well, I ah.. do not support ah.. permitting 18 year olds to be Members of School Boards for the single and sole reason. that it's highly discrminatory against 13 year olds."
"Is there further discussion? The gentleman from Cook, Representative Palmer."
"I should like to ask the Lady if she will yield."
"She indicates she will yield."
"Whether or not to a question."
"She'll yield to a question."
"What the age eligibility minimum is for the City of Chicago."
"I.. I'm sorry. There seem to be ah.. so much enjoyment here on the floor this afternoon, I didn't hear your question."
"Well, the age eligibility as a Member of the Board of Education of the City of Chicago... What is the.. is the ah.. floor on that?"
"Oh.. thirty. Thirty."
"Well, don't you thing that the 18 year olds should ah.. be able to serve on the School Board of the City of Chicago?"
"Ah.. Mr. Palmer, you know that we dis- cussed this at length in the House Education Committee. We have two Bills, one which ah.. Representative Jaffe intro- duced and this one which I introduced, neither one of us GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 136. realized the other was responding to this problem. And Representative Jaffe indicated that he was going to amend his Bill to include the City of Chicago. So, those of you who want to see 18, 19 and 20 year olds in the City of Chicago ah.. as well as 21 through 30 year olds ah.. in- cluded as potential candidates for School Board Membership in the City of Chicago, I suggest that you support Mr. Jaffe's Bill."
"Well, you don't have any reluctance, do you for an 18 year old Board Member in the City of Chicago."
"Well, you know, just because an 18 year old is eligible for Membership, doesn't mean that you are going to have all 18 year olds appointed or any 18 year olds appointed."
"Well, I would agree with that, but we're talking about floors, minimum age."
"No. I ah..intend to support Representa- tive Jaffe's measure when it's called."
"Well, you do believe that an 18 year old should not be discriminated against in this particular area, age eligibility."
"I ah.. believe that the Law should be uniform in this respect. I ask the Illinois Legislative Council to make a study of this matter for me, which they did. I shared with the Members of the House Education Com- mittee and the House Higher Education Committee their report. And it was clear that the only local offices which were ex- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 137. cluded were School Board Offices. So, you will be voting for uniformity ah.. when you vote for House Bill 4191."
"Is there fur... The gentleman from Macon, Representative Borchers."
"Mr. Speaker and Fellow Members of the House, I'm not interested in this particular case of uniformity. I'm interested in common sense. Now, I want you to just stop and regard for one moment, an 18 year old... whether you would trust an 18 year old young man or young woman with the decision of handling millions of dollars. Now, they just simply don't have the experience. It isn't that there not alright, that we're trying to discriminate against them. It's ordinary, common, economic horse sense to not allow an 18, 19 year old child and they are certainly children, who are immature in many ways. All you have to do is look at the campuses and the action going on to make decisions of children and millions of dollars. Now, this is just nonsense. It has no possible connection with a 18 year old vote on the rights of an 18 year old under normal consider- ation. This is a lot of money and we need responsible people to handle it. Even twenty one years of age is, per- haps, in doubt. So, I'd say vote against it."
"The gentleman from Moultrie, Repre- sentative Stone."
"Mr. Speaker, Ladies and Gentlemen of the House, I would like to point out to the House and especially to the last gentleman who spoke that I was against this Bill GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 138. too when I first read it because I thought that people should be more than 18 possibly to be on the School Board. But than, I did a little checking and I found that to be a Member of the Board of Commissioners in any County, you only need to be 18 years of age. Even the President of the Board of Commissioners need only to be 18 years old. Our County Clerks are eligible to serve if they are 18 years of age. They do.. they do have to be elected by the voters of the County just as School Board Members have to be elec- ted by the Voters of the School Board District. Ah.. Mr. Speaker, Ladies and Gentlemen of the House, the Sheriff of Cook County or my County or the County of the gentleman who just spoke need only to be 18 years of age. He does need to be elected by the electors of the County. And we can go on and on with a list of other Office Holders in the State of Illinois need only be 18 years of age. People around are saying that this includes the Trustees of the University of Illinois. And this is true. Now, if 18 year olds are qualified to serve by... under our Constitution all of these other positions, I think that we should accord them the privilege of being School Board Members."
"The gentleman from Cook, Representa- tive Scariano."
"Mr. Speaker and Ladies and Gentlemen of the House, even if you change the Law in Chicago, there wouldn't be any assurance that the Mayor would appoint an 18 year old. It's entirely up to him. Here, the people GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES pick whether or not that School Board Member is going to be 18 or over. But if you made it an Amendment to the Chicago Bill, the Mayor could still ignore it. So, I really don't think that you would really be achieving any uniformity, unless you made it elective in the City of Chicago. I think that that's a phony issue as the Representative from ah.. from ah.. Moultrie just pointed out. The fact is that al- most every responsible office in the State of Illinois you need be only 18 and he's just kicked off a list of them. So, I don't see that Representative Borchers argument holds any water at all. I would urge you to vote for this Bill.'
"The gentleman from Kane, Representa- tive Schoeberlein."
"Mr. Speaker, I move to previous ques- tion."
"The gentleman has moved to previous question. All those in favor will signify by saying 'aye', opposed 'no', the gentleman's motion prevails. And Repre- sentative Chapman is recognized to close the debate."
"Ah.. Mr. Speaker, may I say simply this. We are perfectly willing for an 18 year old to serve in the ah.. Army of the United States and we are willing to entrust him with a one million dollar tank. We are willing to let him vote for the President of the United States. And I believe that we should permit him the opportunity to be a candidate and a Member of our local School Board. Please vote 'yes'." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES
140 Rep. Arthur A. Telcser: "The question is, 'shall House Bil.1 4191 pass?'. All those in favor signify by voting 'aye', the opposed by voting 'no'. The gneltman from Cook, Mr. Fary. Have all voted who wished? The Clerk will take the record. On this question, there are ... The gentleman from Macon, Mr. Borchers."
"I'd like to point out to my ah.. good friend, Mrs. Chapman. If I wished about the Army... if I wished to have a machine gun that's taken, there would be 18, 19 year olds to do it, because they don't stop to think of the con- sequences. So, that's unfair argument. Now ah.., one other thing. As far as the voting is concerned for 18 year olds, for Circuit Clerk, for example, they merely have to handle the money. They have to do certain legal things. They do not have to make decisions. When your making decisions in relation to handling terrific sums of money, it's another matter entirely. I do think that we should not vote for this kind of Bill."
"The gentleman from Cook, Mr. Fary."
"To make an announcement, Mr. Speaker. The natives seem to be getting restless. I think that they're getting hungry. With the compliments of the Beer Nuts Company of Bloomington and Representative Bradley, we have a case of Beer Nuts to ease the hunger pains in commemora- tion that May is National Tavern Month."
"Yeah....."
"The ah.. Lady from ah.. Cook, Mrs. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Chapman."
"Mr. Speaker, I was hoping that there 141 might be a number of people who are asking to be recognized ah.. I would like to request a poll. of the absentees. Un.. Unless there are... all I need are four people."
"The gentleman from Adams, Mr. McClain votes 'aye'. The gentleman, Mr. Arrigo, 'aye'. Mr. Boyles, 'aye', Mr. Jacobs, 'aye', Mr. R. A. Carter, 'aye'. Okay. Mr. Palmer wants to explain his vote."
"Mr. Speaker, Ladies and Gentlemen of the House. With this Bill we're concerned about the rights of 18 year olds. And I don't believe that those rights should be less in the City of Chicago than they are outside the City of Chicago and the rest of the State. Therefore, on this Bill, I vote 'present'."
"The gentleman from Cook, Mr. Pierce."
"I'm sorry.. but I didn't get my nuts."
"Well, I can't help you there. Mr. D. J. O'Brien, 'aye'."
"He's already voted 'aye'."
"He's already voted 'aye'. On this question, there 91 'Ayes', and 29 'Nays', and 2 'present'. This Bill having received the Constitutional majority is hereby declared passed. 4192."
"House Bill 4192, a bill for an Act to amend 'The Public Junior College Act'. Third reading of the Bill." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES
142 Hon. W. Robert Blair: "The Lady from ah.. Cook, Mrs. Chapman.
"Mr. Speaker, Members of the House, this measure lowers the age qualification for Junior College Board Membership. I ask for your favorable vote."
"Further ah.. The gentleman from Cook, Mr. Fleck."
"Will the Sponsor yield for a question?"
"Yes, she indicates she will."
"Is it possible under the ah.., I haven't read the whole Bill, the synopsis for a Student who is in College to be elected to the School Board and become a Trustee of the College and then flunk out of the College and still serve on that Board?"
"Ah.. If he is a ah.. citizen residing in that District of 18 years or over, yes."
"Inotherwords, he can flunk out of College and still be responsible for the management and the policy decisions of that College. Yet, he hasn't had the ability to pass the Courses in that College."
"He also, I might point out, can be a candidate for Township Office, be elected and might also get public aid from the Township."
"I've heard the other joke. Thank you."
"The gentleman from Cook, Mr. William Walsh."
"Well, Mr. Speaker and Members of the House, one of the points made in favor of the last Bill and this GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 143. one is that the age requirement for any County Office and other Offices is 18. But, let me say this, this is not the conscious act of the legislature to make the age 18. This comes about ah.. because the statutes say that to be éligible to run for these Offices, you must be a registered voter. We reduced the voting age several months ago to 18 and so these ages have been dropped automatically. Now, I suggest to you that in the next Session of the Legislature, there will be many Bills to change the age for elective office, they'll be changed to 21 and in some cases more. I think that the impression has been given that did consciously re- duce the minimum age for these Offices and we did not. This is a bad Bill just as the other one was a bad Bill."
"Further discussion? The Lady from Cook care to close?"
"Ah.. I regret if ah.. the gentleman from Cook, believes that I've misrepresented. I distributed the memo from the Illinois Legislative Council to all Members of the House Education Committee, to all Members of the House Higher Education Committee and it indicated exactly what the wording was and gave the citation in the statute. So that, by looking at this memo, one can see, that if one is a voter, one can be a candidate for Supervisor, Assistant Supervisor, Clerk, Assessors, Auditors. If one is an elec- tor, one can be a candidate for Mayor, City Clerk, City Treasurer, City Comptroller, Commissioner, Village Presi- dent, Village or Town Trustee. If one is an elector, one GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES can be a candidate for University of Illinois Board of Trustees and on and on and on. And if there is anyone who would like to see this memo, I.. I have it here, so that you could check the citations themselves to see what the wording is. The fact is that when we reduced the voting age to 18, we made it possible for people from 18 to 21 to be ah.. candidate for every single local Township, County Office, except School Offices. Ah.. surely, we want to see uniformity as well as opportunity in our Laws. I ask for your support."
"The gentleman from Knox, Mr. McMaster.
"Will the Sponsor yield to a question? Ah.. Miss Chapman, could you tell me how old a person has to be to run for Congress?"
"Twenty-five. There are a number of matters as the memo points out. Where the Constitution has stated ah.. other ages, for example, for ah.. various State Offices, where a specific age is provided in our new State Constitution. However, as far as local offices are concerned, the State Constitution left out."
"Do you intend, Mrs. Chapman, to offer an Amendment to ah.. change the legal age for running for Congress from 25 to 18?"
"I was not planning at the present time. It could not be done by statute, Sir."
"No. I said offer an Amendment. What about the ah.." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 145.
"I have another Amendment that I am working on right now."
"Ah.. Thank you."
"The gentleman from Cook, Mr. Palmer."
"If the Lady will yield to a question?"
"Yes, the gentleman from St. Clair, Mr. Flinn."
"Mr. Speaker, I understand that you let the Sponsor close the debate and now your permitting questions. I raise that point of order."
"Yeah.. the previous question was moved on the other Bill but has not yet been moved on this Bill. We're not in Roll Call and the debate has not been closed. It was closed on the last Bill. Did you care to make a mo- tion, the gentleman from St. Clair, Mr. Flinn."
"Mr. Speaker, I understood that on this Bill, she was also in a closing argument. At least... you announced that, Mr. Speaker, whether that was by mistake or not."
"The gentleman from Cook, Mr. Maragos."
"Mr. Speaker and Members, enough debate. I move to previous question."
"All those in favor say 'aye', opposed 'no', the debates been closed. The Lady's closed her de- bate. Right? Alright.. All those in favor of the passage of House Bill 4192 say 'aye' or vote 'aye', the opposed 'no'. Have all voted who wished? The gentleman from Cook, Mr. Palmer." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES
146 Romie J. Palmer: "Mr. Speaker, I know that this only applies to Class I Colleges. There are, I believe, some eight in the State of Illinois. There are more than that, that is Junior Colleges. It is not uniform and a not uniform appli- cation and I suggest unless that is corrected the same in the previous Bill , it will be special legislation. And for that purpose... for that reason, I will vote 'present'.
"Take the record. The gentleman from ah.. Cook, Mr. Douglas."
"Mr. Speaker, there's one facet of the de- cision that we have to make that has not been discussed. Afterall, what we're doing here is making it possible for young people 18 or over to be one member of the Junior College Board. And this is a point which I think is rele- vant to the decision that we have to make. And I would hope that it would be possible for us to get the few ad- ditional votes that we need by recognizing that this is a segment of the Community which deserves representation on the Junior College Board. Each of these individual people will not, as some have said, be making major decisions all by themselves. They will be one member of a board of a quorum that will help to make vital community decisions. And, I submit that these people deserve to be represented and it would actually be wrong for us to exclude them, be- cause some of us feel that 18 year olds are too dumb to know what to do. I think that they should be on the Board and having even one or more of such people would add to the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 147. quality of the Board. And, I would ask that we get the few more votes to make it possible for this to happen."
"The gentleman from Cook, Mr. Yourell."
"Mr. Speaker, how am I recorded.?"
"How is the gentleman recorded?"
"The gentleman is recorded as not voting."
"Mr. Speaker, I should like to vote 'aye'."
"'Aye' for Yourell. The gentleman from Peoria, Mr. Carrigan."
"I would like to correct a statement that was made a moment ago. I believe that there is only one Class of Junior Colleges in the State of Illinois today."
"Have all voted who wished? On this question, there are 84 'Ayes', and 33 'Nays', or 85 'Ayes', and 33 'Nays', and this Bill having failed to receive the Constitional majority is hereby declared.... For what pur- pose does the Lady from Cook, Mrs. Chapman, rise?"
"Mr. Speaker, I.. I had hoped that I wouldn't need to do this, but I respectfully a poll of absentees."
"Poll the absentees."
"Bluthardt.. Boyle.. Brandt.. Burditt.. Calvo.. Capuzi.. Jimmy Carter.. Choate.. Phil Collins.. Corbett.. Cox.. Roscoe Cunningham.. DiPrima.. Dyer.. Gibbs.. Graham.. Granata.. Hanahan. Hart.. Hirschfeld.. Gene Hof- fman.. Houde.. Hyde.. Janczak... Karmazyn.. Keller.. Klozak.. Ed Madigan.. Mann.. McAvoy.. McCormick.. McDermott.. McDevitt.. Kenney Miller.. Potor Miller.. Murphy.. Palmer.. Pappas.. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Randolph.. Rayson.. Redmond.. Ropa.. Schlickman.. Sevcik.. Shaw.. Simmons.. Ike Sims.. Terzich.. Jack Thompson.. Wall.. Genoa Washington... Williams.. Zlatnik.. Mr. Speaker."
"85 'Ayes', and 36 'Nays' and 2 'Present' The Bill having failed to receive a Constitutional majority is hereby declared lost. The gentleman from Cook, Mr. Hyde."
"Mr. Speaker and Ladies and Gentlemen of the House, I have another announcement of some importance. The Capitol Way Inn Tavern received a call about 15 minutes ago from a male subject thought to be intoxicated and he said 'We got Wallace and now we will get the Capitol within the hour'. It was not known that he was referring to the Capi- tol Way Inn Tavern ah.. the Capitol in Washington D.C. or the one here in Springfield. However, we feel that ah.. the Secretary of State is evacuating the building. However, it is the disposition of the Leadership of both sides of the aisle that we not adjourn in view of this situation. And, however, to give everyone an opportunity to express them- selves, I will now move that we do not stand adjourned and ask for a voice voice vote on that."
"All those in favor of the gentleman's motion to not adjourn say 'aye', opposed 'no', the 'ayes'.. He may be officially excused... Yeah... 2545."
"House Bill 2545, An Act to amend Section 58 of an Act concerning public utilities. Third reading of the Bill."
"The gentleman from Cook, Mr. Palmer." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 149.
"Mr. Speaker and Ladies and Gentlemen of the House, presently the Illinois Commerce Commission has the power to order reconstruction, alteration, relocation and improvement of grade crossing when safety to the public employs passengers and the public are involved. The only thing that this Bill, House Bill 2545 does is to add in there when the public convenience is involved. This Bill did pass the public utilities of the Committee of the House, 13 to nothing and ah.. I urge your favorable consideration."
"Discussion? The question is, 'shall House Bill 2545 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 104 'Ayes', and 1 'Nay', and this Bill having received the Constitution- al majority if hereby declared passed. 3779."
"House Bill 3779, An Act to amend the Con- dominium Property Act'. Third reading of the Bill."
"The gentleman from Cook, Mr. Regner."
"Mr. Speaker and Ladies and Gentlemen of the House, this Bill requires that a seller before the initial sale of a Condominium Unit shows the prospective buyer of copy of the declaration, the shortages of the Association or Articles of the Corporation, the by-laws, the deed to the underlying ground, the maintenance or management contract and a projecting operating budget for the Unit. Ah.. this is a truth in selling regarding Condominium Units and ah.. and I know that it would help the buyers of any of these GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES immensely. And, I ask for a favorable vote."
"Is there discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye", and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 127 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 14..." Fredric B. Selcke: House Bill 14, An Act to amend 'The Election Code'. Third reading of the Bill."
"The gentleman from ah.. Cook, Mr. Juckett."
"Mr. Speaker and Ladies and Gentlemen of the House, House Bill 14 is a Bill to require the ah.. placing on ballot.. on machine ballot wherever possible, the retention ballot. Primarily, this would apply in Cook County. And, we have been in discussion with the County Clerk's Office. They tell me at the time, it is impossible to comply if it's a mandatory law, because we have more judges on the retention ballot than spaces on the machine. When we were before the Elections' Committee, they asked me to proceed with the Bill to use it as a vehicle in case they could make adjustments on the machine. And so, we've moved it through second and now on third. We hope that if it went over to the Senate, it would be held pending the placement of the machines for the ability to do it. We do have problems with it as far as Cook is concerned. Because unless it were permissive and unless we held it in the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 151. Senate, they would not be able to comply with it. Their many voting machines would not be able to do it. So, if there are any questions, I would be happy to answer them."
"The gentleman from Cook, Mr. Shea."
"I think that we've got the Amendment worked out, Bob. Will you hold it until tomorrow?"
"Okay."
"Take it out of the record. 4573."
"House Bill 4573, a bill for an Act to amend 'The Civil Administration Code'. Third reading of the Bill."
"The gentleman from Cook, Mr. J. J. Wolf."
"Well, Mr. Speaker and Members of the House, this Bill passed out of Committee, I believe, unanimously. This makes a continuous study of the State Communication. problems. And it was amended to ah.. reinstate the fact that the Department shall report its findings and recommen- dations annually to the General Assembly."
"Discussion? The gentleman from Cook, Mr. Lechowicz."
"Yes, Mr. Speaker. Will the Sponsor yield to a question?"
"He indicates he will.."
"According to the synopsis of the di- gest, it also says that it removes the requirement for the Department of Develo... Department of Development of Plan- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES ning to centralized services. Is that correct, Jake?"
"I didn't get that."
"Well, according to the digest... Thank you, Mr. Speaker. According to the digest, it also removes the requirement for the Department to develop a plan to centralized services. Is that correct?"
"Not that I'm aware of. It's a very short Bill. I've got it right in front of me and all we're asking for.... Previously, we had enacted a Bill to conduct a study of telephone and other communication problems and to develop a comprehensive plan. Now, the comprehensive plan to co- ordinate and centralize has been completed and the Depart- ment of General Services felt that they would just like to continue this study. There is no appropriation. There is no fiscal note required for it. I don't know of any opposi- tion to the Bill."
"The gentleman from Cook, Mr. Lechowicz."
"Mr. Speaker, ah.. is there an amendment to this Bill, Jake."
"Yes.... Amendment No. 1. Originally, we had struck out the fact that the Department would not be re- quired to report annually and by Amendment in Committee, we reinstated that paragraph. So, they are still required to report to us."
"Alright.. Thank you. That's what I'm seeing lacking in the Bill. Thank you."
"Any further discussion? The question GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVIES is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 136 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 3781."
"House Bill 3781, a bill for an Act to amend the 'Vehicle Code'. Third reading of the Bill."
"The gentleman from Winnebago, Mr. North."
"Well, Mr. Speaker, Ladies and Gentlemen of the House, House Bill 3781 increases the amount of insurance or bond which must be carried by a leasing company or a taxi cab operator. The new limits would be $50,000 as to compare with the prior limits of $15,000 for the taxi cabs or $25,000 for the leasing company. The old limits are much too low and not adequate protection for the person who is leasing the car or riding in the taxi cabs that are provided. I know of no opposition to this Bill. I urge your support."
"Further discussion? The question is, 'shall House Bill 3781 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 133 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 3697."
"House Bill 3697, a bill for an Act to amend 'The Election Code'. Third reading of the Bill."
"The gentleman from Cook, Mr. Phil GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Collins."
154 Phillip W. Collins: "Yes, Mr. Speaker and Ladies and Gentlemen of the House, House Bill 3697 is rather a simple Bill. It ah.. merely extends to any challenger or watcher in a polling place the privilege of photographing activities within that polling place. And I.. I would solicit your support of the Bill."
"The ah.. gentleman from Christian, Mr. Tipsword."
"Would the.. would the gentleman yield for a question, please?"
"He indicates he will."
"Representative Collins, does this also include the use of of ah.. flash cameras and ah.. lighting devices that might disturb the people who are counting the ballots?"
"Ah.. Representative Tipsword, the Bill would permit ah.. photographs to be taken within the polling place. Yes, not only could you photograph the ah.. the Officials, but also ah.. the Officers and visitors and voting machines within the polling place."
"Well, now, of course, it wouldn't be possible to take pictures within the polling booths?"
"No. Of course not."
"But, but there would be no restriction upon the ah.. disturbance it might cause to the ah.. judges of election." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Phillip W. Collins: 155 "There would be the same restrictions that are now upon ah.. watchers and challengers within the polling place. The only addition would be that they would have the privilege of ah.. having a camera with them and using it."
"Would this also include television?"
"No."
"The gentleman from Cook, Mr. Kosinksi."
"Mr. Speaker, will the Sponsor yield to a question?"
"He indicates he will."
"P. W."
"Yes, R. K."
"I'm not necessarily against this, but I am curious as to the reasoning behind it. Now, ah.. I have several question.. several question. To what purpose will these photographs be put?"
"Well, hopefully, they would not be put to ah.. to ah.. any use. If there is nothing going on in the polling places. As a matter of fact, they probably wouldn't even have to use the cameras unless there was some reason for photographing some activity that was considered improper or illegal. They.. if there was something improper then, of course, they would go along with towards substan- tiating any charges that may be leveled at any voting Official. Probably, this would be a great protection for any ah.. judge of election that might be unfairly accused."
"Are photographs recorded visible evidence?" GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Phillip W. Collins: "Yes, I believe they are."
"Thank you."
"The gentleman from Cook, Mr. Meyer."
"Representative Collins, a question?"
"Yes. He indicates he'll yield."
"Representative Collins, would this Bill have been... would this allow States' Attorney Hanrahan to proceed with his photographic investigation in those cer- tain City of Chicago precincts?"
"I'm not familiar with his investigation. Perhaps you should check with some....."
"With the last election irregularities."
"Well, as I say, all I know is what I read in the newspapers. I think that you would have to check with him on that point."
"The gentleman from ah.. Cook, Mr. Yourell."
"Would the gentleman yield to a question?"
"He indicates he will."
"Phil, would these people who are using the ah.. photographic equipment, would they be governed by all of the provisions of 'The Election Code', such as the pre- sentation of credentials that are ah.. asked for by the judge of elections?"
"Yes. They would have to qualified chal- lengers or watchers as defined within the present Law. You would just be adding the camera to their equipment." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 157.
"The gentleman from Cook, Mr. Arrigo."
"Will the gentleman yield for a question?"
"Yes. He says he will."
"Are you aware, Mr. Collins, that there were a group of tyrants of the Bourbon House, of the Hapsburg House (Dynasty) and they ruled according to the three 'F's' Are you adding another 'F' and may I elucidate..."
"Photography starts with 'P'."
"Ah.. Just a minute, Sir. The Bourbon.. the Bourbon.. the Bourbon Hapsburg had the rule of 'Feste', 'Farina', 'Furche' and your adding 'Foto'. It's the rule of Festivals, Flour, Hanging and now Photographs aimed at the Hapsburg Bourbon Rule according to your conception in Chicago."
"Ah.. I..I'm having enough difficulty with Rule in the State of Illinois without worrying about the Bourbons and the Hapsburgs, if that makes you happy, Victor."
"The gentleman from ah.. Macon, Mr. Borchers."
"Ah.. Mr. Speaker and Fellow Members of the House, this pains me no end to have to challenge the most noble glorious Rule of the House of Hapsburg. All they did was marry Bourbons. They did not allow the Bourbons to rule in any where in Italy. It fact, that was a fighting offense. I hate to say it.. to bring this matter up in History must be properly vindicated. The Hapsburgs were GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 158. he-men. They married the girls of Bourbon and took care of them in other ways, but they didn't bother them in relation to Ruling."
"There being no further discussion, the Chair recognizes the gentleman from Cook, Mr. Phil Collins, to close."
"Ah.. Mr. Speaker and Ladies and Gentle- men of the House, the risk of incurring the rath of the Bourbons and the Hapsburgs, I move for a favorable Roll Call."
"Have all... The question is, 'shall House Bill 3697 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Rayson.. 'aye'. Have all voted who wished? Have all voted who wished? Houlihan. 'no': The Clerk will take the record. On this question, there are.. The gentleman from Christian, Mr. Tipsword."
"Mr. Speaker, may I be recorded as 'present'?"
"Record the gentleman as 'present'. The gentleman from Cook, Mr. Collins."
"Ah..Mr. Chairman... Mr. Speaker, I'm not going to take the time of the House to poll the absentees, but since it is so close, I would ask leave to postpone consideration."
"Alright.. Does the gentleman have leave? Alright.. postponed consideration. 3698."
"House Bill 3698, a bill for an Act to amend 'The Election Code'. Third reading of the Bill." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES
159 Hon. W. Robert Blair: "The gentleman from Cook, Mr. Phil Collins."
"Mr. Speaker, Ladies and Gentlemen of the House, if you thought 3697 was a good Bill, you'll love 3698. Ah.. this would merely change the ah.. provisions ah.. regarding instruction to voters ah.. to require that instruction be given outside the polling booth.. Ah.. in ah.. deference to it being ah.. ah.. assisted within the ah.. polling booth by two election officers. Also, it strikes in the matter of a physically disabled voter where the present law revolves ah.. ah.. ah.. requires ah.. assist- This ance from a relative, friend or the election officer. Bill strikes the 'friend' and leaves the requisite at 'rela- tive' or ah.. 'election officer'. Ah.. I would solicit your favorable consideration."
"The gentleman from Cook, Mr. Shea."
"Will the Sponsor yield for a question?"
"He indicates he will."
"Phil, how do you handle of person that's blind and want to vote on a machine or a paper ballot?"
"Ah.. They ah.. still can have assistance ah.. in the booth, but ah..it must be from a relative or one of the judges of election. We're merely striking that 'friend' that you can take in with you now."
"Yes, but your also saying by instruction out- side the booth. Phillip W. Collins: Aren't you?" "That is any person ah.. who ah.. has to GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES ah..affix his signature with a mark. He cannot read the English language. We go down... if you go down to line 17, and then you get to the physical disability."
"Any further discussion?"
"The Bourbons and the Hapsburgs have been heard from again, Mr. Speaker."
"Good. The gentleman from Cook, Mr. B. B. Wolfe.."
"Will the gentleman yield for a question, please?"
"Sure."
"How does this affect the voter who has a jam in a voting machine and can't unlock a key, and wants instruction... or assistance or whatever that board may re- quire in order to continue his vote?"
"Ah.. I think that ah.. that is already covered in the ah.. Code. This is not an assistance voter as defined. This would be a malfunction in the machine and that is already taken care of. So, this doesn't make any change there."
"The gentleman from Cook, Mr. Maragos."
"Will the Sponsor yield to a question?"
"He indicates he will."
"Representative Collins, assuming for a minute that you had a woman who is 83 years old, could hardly speak the English language and ah.. the only one who could talk her language in the board would be her husband or her GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES daughter or her son. How would that Bill cover her voting privileges under this Amendment?"
"You mentioned relatives."
"Yes."
"Well, relatives are not stricken here. It's the friend that is stricken."
"Oh.. Relatives are not stricken?"
"No."
"What if she has no relatives?"
"Well than, she can still receive instruc- tion from the ah..judges of election. She can outside the booth."
"Any further discussion? The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there.... The gentleman from Cook, Mr. J. J. Wolf."
"Mr. Speaker, I just want to briefly explain my vote. I.. I can't understand the hesitancy to vote for this Bill. Ah.. it doesn't prohibit anybody from getting legitimate instruction. I think that we're all for fair odds in elections no matter what part of the State it's in. And, I think that it's no more than right for a person to be able to go in behind that curtain and cast a vote the way they which... the way they wish to cast it without any intimidation from a precinct committeeman, precinct captain or anyone else. I think that this is only more GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 162 than fair. It's sensible legislation that instruction be given outside of the curtain and allow that person to go in by themselves and pull the levers the way they see fit. And I would like to see some more green lights on the board."
"Alright. This Bill having failed to receive a Constitutional majority is hereby declared lost. With leave of the House, we'll go to Agreed Resolutions."
"House Résolution 628, Epton, et.al. House Resolution 629, Clabaugh, et.al. House Resolution 630, Wall. House Resolution 631, Hirschfeld. House Resolu- tion 632, Hirschfeld. House Resolution 633, DiPrima. House Resolution 634, Choate, et.al. House Resolution 635, Gene Hoffman, et.al. House Resolution 636, Choate, et.al. House Resolution 637,... Who's the Sponsor of that? Yeah.. House Joint Resolution 135, Rose, et.al. Who's the Sponsor of that Assassination?"
"The gentleman from ah.. Cook, Mr. Hyde."
"Ah.. the Agreed Resolutions, Mr. Speaker. House Resolution 628 bestows congratulations upon rabbis, officers and members of K.A.M. Isaiah Israel Congregation. House Resolution 629 resolves that members of school boards school administrators, teacher, college and university administrators and others be encouraged to study and be- come informed regarding mass media instruction by technology by all means available to them. House Resolution 630, the House joins family and friends in congratulating Jay GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Mamon of Troop 421, Boy Scouts of America, for becoming an Eagle Scout. House Resolution 631, congratulates Ruth Sheuring of Urbana. House Resolution 632, congratulates Mrs. Merle Patterson. House Resolution 633, ah.. congratulates Anthony Girolami on the occasion of the Mazzini-Verdi Club's Testimonial Dinner. House Resolution 634, is a death Resolution. Ah.. a Memorial to David Chesrow. House Resolution 635, congratulates Earl Whipple. House Resolu- tion 636, I will take the liberty of reading upon request. WHEREAS, Monday May 15, 1972, marks the auspicious occasion of the 70th birthday of Mayor of Chicago, the Honorable Richard J. Daley; and WHEREAS, Mayor Daley's long and most distinguished career as a public servant has included terms in the House of Repre- sentatives and the Senate of the General Assembly, he was County Comptroller of Cook County and Director of Revenue before becoming Mayor of the Great City of Chicago; and WHEREAS, Mayor Richard J. Daley's life story is one of deep and abiding personal commitment to the high calling of pub- lic servant and to the American ideals we in this body so deeply cherish; therfore, be it RESOLVED, By the House of Representatives of the Seventy-- seventh General Assembly of the State of Illinois, that we are pleased on this day to extend our most sincere best wishes to the Honorable Richard J. Daley of Chicago on the celebration of his 70th birthday; that we join with all his friends and associates in wishing him many happy returns of the day; and be it further GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 164. RESOLVED, That a suitable copy of this preamble and resolu- tion be forwarded to the Honorable Richard J. Daley, Mayor of the City of Chicago. House Joint Resolution 135, congratulates Archaeologist Stuart Struever and his co-workers. And now, Ladies and Gentlemen of the House, House Resolution 637 reads as follows: WHEREAS, Governor George C. Wallace, a candidate for the Presidency of the United States, was today shot down while exercising his right to campaign for our highest public office; and WHEREAS, this attempted assassination constituted an immoral attack on the most basic democratic right, to wit, the right of a people to choose freely the men to govern them; be it therefore RESOLVED, By the House of Representatives of the 77th General Assembly of the State of Illinois, that we strongly condemn this attempt to assassinateGovernor George C. Wallace, that we wish Governor Wallace a speedy recovery so that he may resume the exercise of his rights as he sees fit and that a suitable copy of this Resolution be transmitted immediately to the family of Governor George C. Wallace. I now move adoption of the Agreed Resolutions."
"All those in favor of the Agreed Resolutions say 'aye', opposed 'no', the 'ayes' have it and the Agreed Resolutions are adopted. Are there further Resolutions? GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES
165 Henry J. Hyde: "Ah.. Mr. Speaker, may I now move that the provisions of Rule 32 (b) and (c) ah.. have a reference to the final date for the reading and passage of non-exempt Bills be suspended so that we may have Third Reading and Passage of non-exempt Bills tomorrow."
"Well, alright. But, we're taking this by Roll call. So, all those in favor of that motion will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. 145 'Ayes', and no 'Nays', and the gentleman's motion prevails. Now, there are one or two items here before we adjourn that ah.. we need to address ourselves to. On the order of Constitution- al Amendments Second Reading appears H.J.R.C.A. *13. Woul.d the Clerk read that by title."
"House Joint Resolution Constitutional Amendment *13 ah.. Second reading of the Resolution."
"Third reading. On the order of Second Reading, there are two Bills with leave of the House. 4155."
"House Bill 4155, a bill for an Act to amend 'The Election Code'. Second reading of the Bill. No Com- mittee Amendments."
"Any Amendments from the floor? Third reading. 4208."
"House Bill 4208, a bill for an Act to amend 'The School Code'. Second reading of the Bill. No Committee Amendments."
"Any Amendments from the floor? Third GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Reading, and there is one further Bill on Third Reading we want to call back. On the order of Third Reading appears House Bill 4595 on which the gentleman from Will, Mr. O'Brien asked leave to call back to Second for purposes of Amendment. Hearing no objection, the Clerk will read the Amendment."
"House Bill 4595, George O'Brien, Amendment No. 2, amend printed House Bill 4595 on page 1...."
"The gentleman from Will, Mr. O'Brien."
"Mr. Speaker and Members of the House, the ah.. provision of this Amendment merely provides for a hearing on a master plan by the people affected by it be- fore it goes to the Governor for his approval. I would appreciate a....."
"All those in favor of the adoption of the Amendment say 'aye', opposed 'no', the 'ayes', have it and the Amendment is adopted. Third reading. Introductions."
"House Bill 4664, choate, et.al., amends 'The School Code'. First Reading of the Bill."
"The gentleman from Randolph, Mr. Springer, for one announcement."
"Mr. Speaker and Ladies and Gentlemen of the House, the organization hustle who had invited various legislatures from the Southern part of the State had scheduled a Meeting for tomorrow night and it has been postponed til May the 23rd. Thank you."
"The gentleman from Cook, Mr. Hyde." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 167.
"I now move, Mr. Speaker, that this House stand adjourned until the hour of 9:30 A.M. tomorrow morning."
"All those in favor of the gentleman's motion say 'aye', opposed 'no', the 'ayes' have it and the House stands adjourned." Adjournment at 7:30 O'Clock P.M. 5/15/72 mes GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES