Illinois House Floor Debate — May 18, 1972

HOUSE OF REPRESENTATIVES  poorkeeper: "Will you please retire to the Gallery. Thank you."

"The House will be in order. The invo- cation this morning will be by Dr. Johnson."

"We pray. God our Father, to whom belong all times and all seasons, and by whose hand all things are maintained, strengthen us this morning that we may never lose heart nor hope amid the anxious news created by the human scene. We know all too well that we live in a noisy and confused world. The noise of guns which wound and destroy, the noise of protest which often springs from shattered dreams and unfulfilled goals, the noise of machines which accompany our rush hours, the noise of the market place which often determines our values, the noise of the crowd which disturbs us most when it reflects the despair of fellow human beings. All of this reminds us, O Lord, that our hearts are restless wihin us and will not cease to be rest- less until they found temporal and eternal rest in you. Quiet even for this moment the loud din within each of us that we may again attune our hearts to your peace and reflect this inner quiet as we go about the demanding issues which confront us. Hear us, O Father, and be to each one of us our eternal Peace. Amen."

"Roll Call for attendance. The ah.. entleman from ah.. Cook, Mr. Madigan." el J. Madigan: "Mr. Speaker, would the record show that "presentative McDermott is excused because of illness?"

"The record will so show. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  3. Committee Reports."

"By Mr. Regner, from Appropriations, to which House Bill 4134, 4211, 4215, 4374, 4387, 4449 and 4528 were referred, reported the same back with Amendments thereto, with the recommendation that the Amendments be adopted and that the bills, as amended, do pass. Mr. Regner, from Appropriations, to which House Bill 4210, 4504, 4665 were referred, reported the same back with the recommendation that the Bills do pass. Mr. Moore, from Counties and Town- ships, to which Senate 851 was referred, reported the same back with the recommendation that the Bill do pass. Mr. Moore, from Counties and Townships, to which Senate Bill 662 was referred, reported the same back with the recommendation that the bill do not pass. Mr. Moore, from Counties and Townships, to which Senate Bill 659 was referred, reported the same back with Amendments thereto, with the recommenda- tion that the Amendments be adopted and that the Bill, as amended, do not pass. Mr. Moore, from Counties and Town- ships, to which Senate Bill 661 was referred, reported the same back with Amendments thereto, with the recommendation that the Amendments be adopted and that the Bill, as amended, do pass. "

"Messages from the Senate."

"Messages from the Senate by Mr. Wright, Secretary. Mr. Speaker - I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of Bills of the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  following titles together with ah.. Amendments. House Bill 810, House Bill 811, ah.. House Bill 1976, House Bill 1979 through 1999, ah.. House Bill 3082 through 3255, House Bills 3257 through 3262, House Bills 3264 through 3313, House Bills 3315 through 3373, House Bills 3375 through 3389, House Bills 3391 through 3403, House Bills 3405 through 3534 and House Bills 3738 and House Bills 3739, action taken by the Senate ah.. passed the Senate, as amended, on May 9, 1972, Kenneth Wright, Secretary."

"Introductions. First Reading.

"House Bill 4666, Schlickman, appropriation expenses to the State Land Acquisition Study Commission. First Reading of the Bill. House Bill 4667, Schlickman, appropriates $5,000,000 dollars to the Secretary of State. First Reading of the Bill. House Bill 4668, Schlickman, appropriates $100,000 dollars to State Scholarship Commis- sion. First Reading of the Bill. House Bill 4669, appro- priates $2,000,000 dollars to the Secretary of State. First Reading of the Bill."

"House Bills Third Reading. House Bill 4155."

"House Bill 4155, a Bill for an Act to amend Sections 3-1, andsoforth, of 'The Election Code'. Third Reading of the Bill."

"The gentleman from Lawrence, Mr. Cun- ningham."

"Mr. Speaker and Members of the House, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  5. this Bill is the counterpart of 4208, which you graciously passed yesterday with a hundred and five votes. It places the Election Registration... the Voters Registration require- ments in conformity with the Supreme Court decisions. We would be most grateful for an affirmative vote."

"Discussion? The question is, 'shall House Bill 4155 pass?'. All those in favor will vote 'aye' and the opposed 'no'. The gentleman from Cook, Mr. Simmons

"May I ask the Sponsor a question?"

"Yes. He indicates he'll yield."

"I have to admit that I haven't read this Bill. But, as I understand this other Bill, the resident requirements were reduced from six months to thirty days?"

"Yes, that is correct."

"Well, if that is correct, ah.. this deals with registration, how much time do they have to register?"

"Well ah., the policy is to close the polls...to close the books thirty days before the election. So, it's a practical matter. If a person goes in while the books are still open, he can register by saying that he's going to a resident in that precinct or in that County on Election Day. There's some dispute as to whether ah.. Dunn -vs- Blumstein completely eliminated any ah.. residents requirement whatever. But, the Illinois Attorney General has issued an opinion that you can do what we're doing here whether you call it a residence requirement or whether you just call it a reasonable period for the closing of the books GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  to get the papers in order for the election. That's why the thirty day period is being used."

"Thank you."

"Any further questions? Have all voted who wished. The Clerk will take the record. On this ques- tion, there are 119 'Ayes', and no 'Nays', and this Bill hav- ing received the Constitutional majority is hereby declared passed. The gentleman from Lawrence, Mr. Gibb."

"Mr. Speaker, might I ask leave..."

"Yes."

"Might I ask leave of the House to add Representatives Blades, Brummet and Keller as Sponsors of House Bill 3774?"

"Is there objection? Alright ah... Add those ah.. persons to the ah.. Bill as Sponsors."

"Would it be possible... Would it be proper, Mr. Speaker, at this time, to publicly express our appreciation for the many kindnesses and gracious leadership that you bring to this House or must that await the Resolu- tion period?"

"Well, now and then. 3796."

"House Bill 3796, an Act to regulate and control or prevent off-shore dredging, andsoforth, in waters of Lake Michigan forming a part of the State of Illinois. Third Reading of the Bill."

"The gentleman from Lake, Mr. Kleine."

"Mr. Speaker and Ladies and Gentlemen of GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  7. the House, yesterday ah.. we had received a hundred and thirty-four votes on this ah.. ah.. piece of legislation. And, Representative Shea had a good question and ah.. they took it out of the record. I think that we've reconciled this problem now and I'd like to yield to Representative Shea ah.. on the situation."

"The gentleman from Cook, Mr. Shea."

"Mr. Speaker and Ladies and Gentlemen of the House, I've talked to Representative Kleine about this Bill. Ah.. this goes back to some of the ah.. original Amendments we made with House Bill 20 in the Sixty-Seventh Session. And we have some questions about it. I've ah.. agreed that I... I think that we ought to pass it out of this House. Senator Partee has agreed to handle it over in the Senate. And, I'm sure that we'll be able to work something out.".

"Alright.. Any further discussion? The question is, 'shall House Bill 3796 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? Brenne.. 'aye'. The Clerk will take the record. On this question, there are 123 'Ayes', and no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 4322."

"House Bill 4322, a Bill for an Act to amend 'The School Code'. Third Reading of the Bill."

"The gentleman from McClain... from Adams, Mr. McClain."

"Ah.. Mr. Speaker and Ladies and Gentlemen of GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  8. the House, ah.. this is a Bill ah.. brought about by the request of the O.S.P.I. and the Regional Superintendents of Public Instruction and the State Association of Special Education. What they're asking is that if the Schools ask ah.. that the County Superintendent can take over the program or administer the program for ah.. joint educational pro- grams. In Western Illinois, we have one District where we have thirty-five different Schools in it. We've had four different School Districts be the administrator and they all went out and they'd like to have the County Superintendent do it. I'd appreciate your support. Cost nothing."

"Further discussion? The question is, 'shall House Bill 4322 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk... The Clerk will take the record. On this ques- tion, there are 136 'Ayes', no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. 2587."

"House Bill 2587, an Act to create the Central Illinois Regional Port District and to define its powers and duties. Third Reading of the Bill."

"The gentleman from Peoria, Mr. Lauter- bach."

"Well, Mr. Speaker and Members of the House, House Bill 2587, as amended, creates the Central Illinois Port District to be located on the Illinois River, East of the Village of Bartonville and Northwest of the City GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  9. of Pekin, Illinois and near the mouth of the Kickapoo Creek as it joins the Illinois River. In this area, we have an ideal location for such a port as established by this House Bill. We have hundreds of acres of waste land lying in a strategic location to our new Interstate Highway System, in particular, I 474 and Route 24. And, we have many truck facilities and rail connections and an airport. All are located close by. There's one area of over five hundred acres plus an additional one hundred acres that belongs to the City of Bartonville and 38 acres owned by the City of Pekin all of which could be utilized and are available. We would like to establish this area as a hub for freight move- ment, an exchange for Central Illinois. We could be the transfer point for containerized freight movement by rail, water, truck or by air from this heart-land Area of Illinois. They can also help to control the proper development of waterfront lands and properties and to help Illinois to continue as a leader in foreign trade with foreign markets. We, in the Bartonville-Pekin Area wish to cater to general cargo, containerizing of shipments and establish a base or distribution point for all shipping. We would promote the use of new smaller barges that will travel piggyback on many ships and move these to New Orleans or Chicago where, at these oceangoing ports, these barges will be loaded on the decks of similar oceangoing vessels so that a shipment is never touched or unloaded until it reaches its destina- tion. Sometime ago, we received a report by the Economic GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  10. Development Commission of its activities last year. This Article clearly showed that Illinois was on the verge of a new era in transportation, in the moving of freight by water on our inland waterway, the Illinois River. This Article showed that Illinois had ranked first in most all exports to foreign Countries, but recently, lost that position to Cali- fornia. Therefore, Illinois is bending over backwards to increase our movement of goods to foreign markets and we want to be ready for the newest freight movement and mini- ship or mini-vessel which will be used in our inland water- ways. Our Commission recently visited the State of Oklahoma to view, first hand, the billions of dollars they are spend- ing for new port facilities along the Arkansas River. They, too, are preparing for greater shipments of freight of all kinds by water. Illinois must keep pace or lose to these more aggressive States with this new method of transporta- tion in the immediate picture. We feel that in Bartonville and Pekin we have a need for such a port district to cater to manufactured goods, commodities and general cargo. It would provide a vast improved tax base to the creation of an Industrial Park and buy a provision of an ideal recreation area, coupled with a boat marine. All within a short dis- tance of over 300,000 combined population. The authority would be a non-taxing body and its operation is planned to be self-sustaining. Mr. Speaker and Members of the House, I sincerely solicit your support and assistance in the pas- sage of this legislation." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  11.

"Further discussion? The gentleman from Peoria, Mr. Tuerk."

"Will the Sponsor yield to a question?"

"Yes, Sir. He indicates he will."

"Representative Lauterbach, in your Amendment, you did exclude the Tri-County concept. Is that correct?"

"Include?"

"Exclude."

"I excluded the Tri-County. Right."

"Why.. Why did you do that?"

"Because there was objection in the City of Peoria and the Northern part of this District. But, no objection in the Southern part of the District."

"Well, do you feel that the Amendment improves the Bill then?"

"I do feel that the Amendment sets the picture of those who desire such a ah.. port district. And ah... I do think that it improves the position of the people that wish to ah.. build this port in this Area."

"Does the ah.. Department of Business and Eco- nomic Development, are they ah.. behind this Bill? Are they in favor of the Bill?"

"Yes, they are very much so."

"May I speak to the Bill, Mr. Speaker?"

"Proceed."

"I rise to oppose this Bill and I'm sorry to have to ah.. oppose my Colleague in the neighboring District, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  I'm compelled to do so for many reasons. Let me enumerate just a few of those. Private Enterprise is now serving the Area quite adequately and the major users of the River, those businesses and industries that depend on the services in the Peoria-Pekin Area, and feel that, and they feel quite strongly, that the present operators are doing an excellent job of handling the movement of materials. These operators are constantly upgrading their facilities and equipment and stand ready to expand their operations if the need arises to better serve the customers in the Area. The concept of the authority, although it provides no taxing authority at the present time; could evolve to that in due time. The concept has received no support in the Peoria-Pekin Area. In fact, it has been... it has prompted vehement opposition, not only from the operators, but from the users of the River moving the materials. The premise of this proposed port authority would develop additional business as been advanced by the Sponsor. If this were true, in fact, I would presume that the Department of Business and Economic Development would be promoting this concept. The Sponsor mentioned that the Department favors the concept. I have just the opposite information that they're not opposing it per se, but they're certainly not promoting this idea. The most compelling reason to defeat this Bill is that it is not necessary at the present time. And, that Government could step into an Area already being served well by the Private Enterprise and those who are moving the materials from the River. I would GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  urge you to defeat this Bill and ah.. keep the operations in the Peoria Area the way that they've been operating for many, many years to the satisfaction of those who are using the River facilities."

"The gentleman from Peoria, Mr. Day."

"Well, Mr. Speaker and Ladies and Gentlemen of the House, I too, am reluctant to ah.. oppose this Bill which has been sponsored by one of my neighbors. However, at the time that the Bill was filed, I did check into this situation very carefully and I find that in this Area, there are three very fine private concerns which are providing excellent port facilities for the needs in this Area. These individuals who are.. have their money invested in these concerns are.. have been doing business for many, many years and they pro- vide excellent service. None of the Industry in this Area wants this Bill. Now, this Bill would control the.. the River Bank for a distance of forty-five feet from the shore- line throughout the Area in the District. And, it would give the port district complete authority over this land. We have a very fine Tri-County, Local Tri-County Planning Commission, which has been very active in the development of the River Front in this Area and ah.. they have not endorsed this Bill at all. I do not think that the Bill is advisable at this time. I do not think that the Members of this House should set up a Governmental Agency where there is no need for it or no demand for it which will directly compete with three very fine ah.. port ah.. ah.. authorities. facilities GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  which are now serving this Area. And, I would sincerely ah.. suggest to you that this Bill ah.. should not pass."

"The gentleman from Peoria, Mr. Lauter- bach."

"I hate to take so much time of the House, but I'd like to justify the position and need of this Bill that is endorsed by the Mayor of Pekin, Mayor of Canton and I have another statement from the First National Realty, Mr. Heidelman, who is considered an authority on industrial activity. And, he says, 'That I feel that a port authority for this Area isan absolute necessity. Looking at it over a long range basis, such port. authority could make this Central West Area a switch transfer point between water transported commodities and rail, between heavy building materials in the Trucking Industry for Central Illinois. Third, it could have a very intelligent approach with refer- ence to the proper development of waterfront lands and pro- perties and most certainly would bring in additional freight and business for the existing operators such as Vincents Central Illinois Lock'. I further have a report from Mr. Murphy of the U.S. Corps of Engineers and he advises me that thirty million tons of shipping per year goes by the City of Peoria, but only a small portion originates in Peoria. To quote his words, he says, 'Peoria just doesn't get with it'. He further said, 'We have chosen for this port, ideal and industrial property for development which we definitely need. We have ample electric power. We have the labor and we have GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  need to coordinate the air, water and rail facilities of this Area. Much could be saved by coordinating these facilities and standardizing freight movement. Present locks on the River provide for a twelve foot channel. Authorizations that duplicate these locks to fourteen foot has been requested by the Corps of Engineers. Studies are being made on the Missis- sippi for a full twelve foot channel, all of which justifies the need for this port'. One other statement that I'd like to offer is that put out by the Tri-County Plannirj Associa- tion which says, 'In the total picture of the Riverfront, as viewed from the aspect of development, the greatest single、 need is for public access to the waterfront, a measurement taken at the time of presentation of the first publication of the Riverfront Study Group revealed a shocking low, three percent of the Tri-County waterfront in public ownership. And, equally shocking, only a fraction of which was appro- priately developed. Of the ninety-seven percent in private ownership, extensive areas are controlled by Industry, Utili- ties, Railroads and Levy District, most of which virtually forbid public access to the waterfront and police their waterfronts to maintain this condition'."

"Further discussion? What... The gentle- man from Peoria, you want... Oh.."

"Can I close?"

"Weren't you closing? You want to close now?"

"Yeah.." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Hon. W. Robert Blair: "Alright.."

"Mr. Speaker and Members of the House, we need this port in Bartonville and Pekin to improve the economic base of this District to serve Central Illinois. It would cater to the shipment of manufactured goods as opposed to both cargo. It would provide for shipment of various commodities and general cargo instead of speciali- zing. It would cater to the containerization of many pro- ducts, a field that has just now opened into its own. It would provide an improved economic base. It would provide industrial park for industrial expansion. It would provide a recreation area. It would utilize a vast wasteland of hundreds of acres and put this on the tax roll of the State and Local Government. It is endorsed by the Mayors of Pekin, Canton, Bartonville and by the Illinois Agricultural Associa- tion. Its Board would appointed by the Governor, three Members from that part of the area that lies in.. in Pekin, three Members from that portion that lies in Peoria County and one to be selected at large. Mr. Speaker and Members of the House, I solicit your support and your 'yea' vote in the passage of this legislation so that Bartonville and Pekin can move forward with a new industrial growth for their Area."

"Alright.. The question is, 'shall House Bill 2587 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? Have all voted who wished? The Clerk will take the record. The gentleman from Peoria, Mr. Lauterbach." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Wilbur H. Lauterbach: "I'd like to postpone consideration, Mr. Speaker." 17.

"Alright.. Does the gentleman have leave? Alright.. There are a number of ah.. House Bills ah.. that are on Third Reading which the Members have asked to have brought back ah.. for purposes of Amendments. So, that we can get those considered today, why I think that we'd better run those now. So, with leave, why we'll start taking these back. 1339.. ah.. bring it back from Third to Second and ah.. the Clerk will read the.. the Amendment."

"Amendment No. 3, Burditt, amend House Bill 1339 on page 1, by deleting lines 13 through 17 and inserting in lieu thereof the following: andsoforth."

"The gentleman from Cook, Mr. Burditt."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, this is a 'State Freedom of Information Act' which is modelled on the 'Federal Freedom of Information Act'. Ah.. in ah.. Committee, the Committee was kind enough to pass the Bill out with the understanding that I would sit down with Representative Shea and work out an Amendment. And, this Amendment which is before you now ah.. is that Amendment. Mr. Shea and I have discussed it at length. We are in agreement on it. Let me tell you briefly what it does. It amends the definition of 'Local agency'. It includes ah.. 'prospective' and well as 'pending' matters. It adds a pro- vision covering 'common law' as well as 'statutory' and has ah.. a few other little minor ah.. corrections, all of which GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  18 are ah.. are ah.. procedural only. And, finally, there's a new provision added which provides that 'Nothingin this Act shall be construed to limit, abridge or otherwise affect any rights or obligations created by any other State law'. Mr. Speaker and Members of the House, I move the adoption of the Amendment."

"Is there 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. 1719, back from Third to Second. The Clerk will read the Amendment."

"Ah.. House Bill ah.. 1719. Amendment No. 1, Burditt, amend House Bill 1719 on page 1, line 7, by deleting 'Scholarhips to Veterans' and inserting the follow- ing: andsoforth."

"The gentleman... The gentleman from Cook, Mr. Burditt."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, this Amendment was also suggested by the Commit- tee. The purpose is to make certain that financial assist- ance to a Veteran who goes to a private school is no more than the ah.. pri.. financial assistance he would receive if he went to a public school. I move the adoption of the Amendment."

"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 GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  further Amendments? Third Reading. Ah.. the gentleman from Champaign, Mr. Hirschfeld."

"Thank you very much, Mr. Speaker. If I might just intervene briefly in the business of the House.. Seated in the Speaker's Gallery is Senior Class from AB High School accompanied by one of their teachers and this High School ah.. now has the remarkable facility of overlapping two Districts, Representative Clabaugh, Stone's and myself and Representatives Cox, Craig and Campbell. And, they're going to be with us most of the day to watch the House in action. So, I wish that we would recognize them, please."

"The gentleman from ah.. Cook, Mr. Shea."

"I wonder if Mr. Hirschfeld could tell us how many of those students up there are registered to vote in the Districts."

"They just raised their hands."

"Ah.. 3795, ah.. bring that back to Second and read the Amendment."

"House Bill 37.... Ah.. Amenâment No. 3, Lechowicz, amend House Bill 3795 on page 2, by striking line 12 and inserting in lieu thereof the following: andsoforth."

"The ah.. gentleman from Cook, Mr. J. J. Wolf."

"Ah.. Mr. Speaker, we want to get this Bill back to Second and I would refer it to Representative Lecho- wicz....."

"Oh.. Alright.. Alright.. The gentleman GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  20. from Cook, Mr. Lechowicz."

"Thank you, Mr. Speaker. This is the Amendment that was discussed when the Bill was on Second Reading. I asked the Sponsor if the Department of Labor and the registration of the employment counsellors would defer and have the Department of Registration and Education or the Department of Personnel conduct the exams on a monthly basis. Ah.. the Sponsor was kind enough to withdraw the Bill from the record at that time and we worked out an agreeable Amendment permitting the Department of Registration And, I and Education to give this exam for this purpose. move the adoption of the Amendment."

"Further discussion? The question's on the adoption of the Amendment. All those in favor say, 'aye', opposed 'no', the 'ayes' have it and the Amendment is adopted. Are there further Amendments? Third Reading. 4111. The gentleman from Cook, Mr. Fary....."

"House Bill...."

"Read the Amendment. Bring it back to Second and read the Amendment."

"Amendment No. 3, Fary, amend House Bill 4111 on page 2, line 27, by deleting '5% of the net proceeds' and inserting in lieu thereof, '10% of the gross proceeds'."

"The gentleman from Cook, Mr. Fary."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, it appears as though either somebody is trying to scuttle this Bill or else I'm in some kind of trouble. So, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  H.B 3795- recalled to 2nd may 18, 1972  I would like for it to remain on Third Reading, Mr. Speaker, and try to pass it out instead of bringing it back to Second for Amendment. You see what I mean, Mr. Speaker? Ah.. Mr. Simmons is a hollering already that he doesn't have the Amendment on his desk. Look at his desk... How can he find anything on his desk?"

"Alright ah... Does the gentleman have leave then to pull the Amendments off the desk and put the Bill back on Third Reading? Correct?"

"I'd like to leave it Third Reading and try to pass it out today, if at all possible, Mr. Speaker...."

"Aw....

"And, see if I've got any friends in the Senate."

"Aw.. Aw.. Alright.. We'll get.. We'll take it out of the record for now while we're putting these Amendment on. The gentleman from ah.. Cook, Mr. Phil Collins."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, ah.. since you're on this order of ah.. Mr. Speaker, since you're on this order of business, you ah.. you may recall yesterday I attempted to pass House Bill 4593. But ah.. Representative Shea called my attention to an Amend- ment which I said that I would be willing to accept to the Bill. He now informs me that his staff has not had time to prepare the ah.. Amendment. And, we have an agreement that if you will call the Bill and it does pass that we will hold it in the Senate and ah.. and amend it to his.. his satis- faction over there. And, on that basis, when you're ah.. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  ready, Mr. Speaker, I would ah.. appreciate your calling House Bill 4593."

"Alright.."

22 Philip W. Collins: "Ah.. Representative Shea is right here."

"4500. Alright.. Take it back to Second for purposes of...."

"Amendment No. 3, Carroll, amend House Bill 4500 on page 1, andsoforth."

"Alright ah.. The gentleman from Cook, Mr. Carroll, asked leave to table Amendments No. 1 and No. 2. Is there objection? Hearing none, those Amendments ah.. will be tabled. Ah.. now read Amendment No. 3. 3.."

"I've already read it."

"Well, he's read it. Explain it."

"Mr. Speaker and Ladies and Gentlemen of the House, Amendment No. 3 ah.. puts the Bill in the shape that it was intended to be and clears up some of the problems ah.. that the industry had indicated that there were in the original version of the Bill. Not all, but some. I would move the adoption of the Amendment and be willing to answer any questions."

"Discussion? The gentleman from Cook, Mr. Kipley."

"Mr. Speaker and Ladies and Gentlemen of the House, I'd like a more explicit explanation of what this Amendment does. I know what 1 and 2 did and I'd like to know what 3 does." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  23.

"Ah.. Mr. Kipley, ah.. Amendment No. 3, would clarify the words as far as 'seller', 'buyer', 'lender', 'debtor', 'finance charge' and 'interest'. Parallelling the three, the two different types of concepts and bringing the language within the Bill to parallel both of those concepts. It would ah.. say that the interest as to a debtor-lender situation would be charged under 'The Interest Act'. It would say that the finance charge under a buyer-seller situa- tion would be charged under 'The Retail Installment Sales Act'. It will still provide, however, that there will be certain billing provisions, the provisions which set out basically what was in Amendment No. 1 as far as what has to be set out. The interest would be computed under 'The Inter- est Act' and the finance charges would be computed under 'The R.I.S.A.'. It would say that they must tell you what they're charging you, and then when they give you the time to pay, you should be allowed that time to make the payment and that no interest would be able to fall back to an earlier date other than that which they gave you in the statement."

"Ah.. Representative Carroll, as I under- stand it, this Bill was originally designed to amend only the 'Users Act' and your first two Amendments ah.. threw it more into the 'Illinois Retail Installment Sales Act' under the 'Revolving Charge Accounts Act', ah.. which, in my opinion, makes them not germane to the original subject of your Bill."

"No ah.." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  24. ward L. Kipley: "This Third... Does this Third Amendment still keep it within the realm of the 'Illinois Retail In- stallment Sales Act' and the 'Revolving Charge Account Sales Act'?"

"Ah.. Mr. Kipley, the original intent of the Bill was involving all three Acts. ts. This Bill also in- volves all three Acts. It says that billing will be under the 'Billing Act' and that interest will be decided under the 'Interest Act' and finance charges will be decided under the 'R.I.S.A.'. And, the basic objection on that was the finance charges seeming to be confused with interest. That has been clarified by this Amendment as I think you'll see if you read it."

"Ah.. if possible, I'd like to have a copy of that Amendment on my desk. I haven't received it yet. Thank you."

"I'll send one over right now."

"Further discussion? The question is on the adoption of Amendment No. 3. All those in favor say 'aye', opposed 'no', the 'ayes' have it and the Amendment is adopted. Are there further Amendments? Third Reading. 3749. Alright.. Bring that back from Third to Second."

"House Bill 3749. Amendment No. 2, Choate, amend House Bill 3749 on page 1, line 1, by adding after the word 'amend' the words 'Section 105 of'; and on page 1, line 4, andsoforth."

"The gentleman from Bureau, Mr. Barry." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  25.

"Mr. Speaker, I'd first like to ask leave of the House to handle this for Mr. Choate. It's a technical thing. May I have leave?"

"Does the gentleman have leave? Hearing no objection, proceed."

"I would now move that we ah.. table Amendment No. 1 and replace it with Amendment No. 2 that's on the Clerk's desk. It merely corrects typographical errors in enrolling and engrossing and ah.. possibilities and ah.. puts it in proper shape."

"Any further discussion? The question is on the adoption of the Amendment. All those in favor say 'aye', opposed 'no', the 'ayes' have it and the Amend- ment is adopted. Are there further Amendments? Third Read- ing. Alright.. There are about four Bills on consideration postponed which we've had request to move back for Amendment. Alright.. 4448. The gentleman from ah.. Lee, Mr. Shapiro."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, ah.. this Amendment being offered by Representa- tive ah.. Shea, ah.. clears up ah.. some of the objections ah.. raised the other day when we called this Bill for Third Reading. And, the Amendment ah.. allows for....."

"Ah.. Wait a minute. Let's have the Clerk read the Amendment first."

"Amendment No. 1, Shea, amend House Bill 4448 on page 1, line 10 by inserting after the word 'grant' the following 'of not less than $16.50'." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES

26 Hon. W. Robert Blair: "The gentleman from ah.. Cook, Mr. Shea, or ah.. Alright.. Go ahead."

"Mr. Speaker and Ladies and Gentlemen of the House, this is the Bill that would allow the Appropriation Bill to set the amount of grant per semester hour for Junior Colleges. The Amendment... The Amendment sets a floor of $16.50 per semester hour as the minimum that the appropriation can be so that we may make a differential between Voc.-Ed. and regular courses but in no case can the flat grant be less than $16.50 per hour. And, I move for the adoption of Amend- ment No. 1."

"Any further discussion? The question is on the adoption of the Amendment. All those in favor say 'aye', opposed 'no', the 'ayes' have it and the Amend- ment is adopted. Are there further Amendments? Third Reading. 733 on postponed consideration and the gentleman from Lake asked leave to bring that back to the order of Second Reading for purpose of considering an Amendment. 733. 773? Oh.. Okay. We bring 773 back ah.. to the order of Second Reading for the purposes of considering an Amendment. The Clerk will read the Amendment."

"House Bill 773. Amendment No. 2, Pierce, amend House Bill 773 on page 1, line 22, by deleting the words; andsoforth."

"The gentleman from Lake, Mr. Pierce."

"Ah.. Mr. Speaker, I.. I'm sorry. I think on the Amendment I put ah. 763. That should be 773. There's GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  27. an Amendment on the Clerk's desk."

"It's been read."

"Oh.. Ah.. this ah.. Amendment was worked out ah.. ah.. was worked out ah.. with the opponents of the Bill. It verifies... It clarifies the limitations on the short form probate. It makes sure that the Clerks will not lose any... lose any of their filing fees. And, Representa- tive Miller and Myself are in agreement that this Amendment proves the Bill.. improves the Bill. And, therefore, I offer ah.. First I'd better... Excuse me... First I'd better move to ah.. table Amendment No. 1 that's presently on the Bill because Amendment No. 2 which was read combines Amend- ment No. 1 and 2 into one Amendment. So, I'd to first move to table Amendment No. 1."

"Further discussion?"

"I'd like to move to table Amendment No. 1 and then I'll.."

"Al... Alright.. Does the gentleman have leave? Alright.. Hearing no objection, the gentleman has leave to table Amendment No. 1."

"Now, I'd like to offer the adoption of Amendment No. 2 which combines Committee Amendment No. 1 in- to the new material ah.. that Representative Miller and Myself have worked out."

"Alright.. Is there further discussion? The question is on the adoption of the Amendment. All those in favor will say 'aye', opposed 'no', the 'ayes' have it GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  and the Amendment is adopted. Are there further Amendments? Third Reading. The gentleman from Will, Mr. O'Brien."

"Ah.. Mr. Speaker and Members of the House, I'd like to take a moment to introduce to you in the Speaker's Gallery the Fifth Grades of the Tallala School in Park Forest in the good care of Mrs. Simpkins, Mrs. Dunkman and Mrs. Robinson and Mr. Zemullen. I might also add that they are from Speaker Blair's, Representative Houlihan's and my District. In this good School is educated children of the Speaker and Representative Houlihan. If you please rise."

"On the order of consideration postponed appears House Bill 376. The gentleman from Lake, Mr. Mati- jevich asked leave to have it brought back to the order of Second Reading for purposes of an Amendment."

"Amendment No. 2, Matijevich, amend House Bill 376 by striking everything after the enacting clause and inserting in lieu thereof the following: andsoforth."

"The gentleman from Lake, Mr. Matijevich."

"Mr. Speaker, I.. I'm only going to offer this Amendment. We're not going to go anywhere with this Bill, but I wanted it in shape where the Committee that's going to study alcoholism can study this Bill in its entirety. However, I'm going to have to reconsider the vote by which Amendment No. 1 was passed and ah.. table that one and then adopt this one."

"Well, you can ask for leave to ah..."

"I'll ask for leave to reconsider the vote GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  by...."

"Just to table it..."

"Alright.. table Amendment No. 1."

"Is there objection to the gentleman be- ing granted leave to have ah.. Amendment No. 1 tabled? Al- right.. Hearing no objection, Amendment No. 1 is tabled and..."

"And, now I offer Amendment No. 2. It's a very comprehensive Amendment which the Illinois Medical Society has worked out with me. Ah.. Representative Hirsch- feld has a Bill also. Ah.. Representative Burditt is very interested in the subject. As you know, we have ah.. adopted a Resolution to form a Committee to sol... to resolve this whole issue, hopefully, by next Session. And, I want this Bill in shape so that we can study it along with it. I move to adopt Amendment No. 2."

"All those ah... The ques... Any further discussion? The question is, 'shall the House adopt the Amendment?" All those in favor will say 'aye', opposed 'no', the 'ayes' have it and the Amendment is adopted. Are there further Amendments? Third Reading. Alright.. 1488. The gentleman from Cook, Mr. Duff asked ah.. that that Bill be brought back from the order of consideration postponed to ah.. the order of Second Reading for purposes of an Amend- ment." Fredric B. Selcke; "House Bill 1488. Amendment No. 1, amend House Bill 1488, on page 1, line 21, by inserting immediately after the period the following: andsoforth." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  30.

"The gentleman from Cook, Mr. Duff."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, Amendment No. 1, to House Bill 1488 is an Amend- ment that was worked out in agreement with the Illinois State Medical Society. Ah.. it takes the Bill which licenses clinical laboratories ah.. and Not For Service Corporations and allows... or it requires that ah.. payment for services to independent licenses be made only where the services were ordered in writing by a physician licensed to practice medi- cine in all its branches. I offer the Amendment."

"Discussion? The question is on the adoption of the Amendment. All those in favor say 'aye', opposed 'no', the 'ayes' have it and the Amendment is adopted. Are there further Amendments? Third Reading. 3752 on the order of Third Reading. And, we'll ask leave to bring that back to the order of Second for purposes of an Amendment. Mr. Sevcik is handling the.... Do you want it brought back or not? No. Alright.. Okay.. we.. We have an indication that there's an Amendment here that is to brought back for the purposes of an Amendment."

"No. The Amendment is in the Senate."

"Alright.. we'll get back to it. Ah..."

"Mr. Speaker.. Mr. Speaker.."

"Yes."

"I mean I want to move it off of Third Read- ing if you're calling that now."

"Yeah.. Well, I'm not. We're.. We're GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  31. right now in the process of taking these requested Bills back from Third to Second for Amendment and getting that out of the way. And, so, if they're adopted, they can get on the desk so that they can be considered later in the day. And, I'll get to that.. that Bill shortly. Ah.. On the order of Third Reading is ah.. House Bill 14. The gentleman from Cook, Mr. Juckett asked leave to have that brought back ah.. to Second for purposes of an Amendment."

"Ah.. Amendment No. 2, Juckett, amend House Bill 14 on Page 1, line 1, by striking everything after the word 'Section' the first time it appears on that line; and- soforth."

"The gentleman from Cook, Mr. Juckett."

"Mr. Speaker, the ah.. two Amendments are in conflict. So, I would request permission to table Amend- ment No. 1, to House Bill 14.".

"Alright.. Does the gentleman have... The gentleman from Cook, Mr. Simmons."

"Ah.. my records show that 1 and 2 were tabled in Committee and the existing one is No. 3 and this one should be No. 4."

"Well, that's not what the Clerk's re- cords indicate. But, we're checking.. Well, while that's going on, let's take that out of the record and go to 4523 on which the gentleman... You don't want to bring that back? Okay. Well, we'll stay on 14 then. The gentleman from Cook, Mr. Simmons." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Arthur E. Simmons: "I'm wrong."

"Okay. The gentleman from Cook, Mr. Juckett, proceed."

"Ah.. Mr. Speaker, House Bill 14 as original- ly amended was going to be vehicle to ah.. provide for put- ting on the names of retention judges on the machines. Amend- ment No. 1 provided part of this, but we have worked out an agreement on Amendment No. 2 which covers the entire pro- gram. So, I would, at this time, move to table Amendment No. 1."

"Alright.. The gentleman has asked leave to have the Amendment tabled. Ah.. is there objection? Hearing none, that Amendment will be tabled."

"Mr. Speaker, Amendment No. 2 provides for the ah.. conducting of the retention election and also for the counting of these ballots.. Very briefly, it would re- duce the number of judges to do this from three to two. It would provide for the counting during the day in designated segments of time of these ballots so that the judges will not be kept in the polls till three or four or five in the morning. We have reached agreement with the County Clerk of Cook County. It would basically apply to all Counties where there would be more than 15 judges on the retention ballot which limits it basically to Cook County. It would apply only to the election in 1972. And, we would hope that we would be able to ah.. change the machines to accommodate them on the machines for elections after that. And, I would GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  urge the adoption of Amendment No. 2."

"The gentleman from Madison, Repre- sentative Kennedy."

"Ah.. Mr. Speaker, would the gentleman yield to a question?"

"He indicates he will."

"Ah.. Bob, did I understand you to say that ah.., during the course of the election, like from six to six on the retention of judges, that the Officials be allowed to count ballots while the election is in process?"

"There is a procedure in there, Lee, where the polling place would be supplied either with two or four boxes for the deposit of the election ballots. And, at specified times in the Amendment, which are four periods of time during the day, the two judges, who are selected to count these ballots, would in a prescribed manner open the. open the... Well, let's start from scratch. They start with the first ballot box. They use that from the time of six in the morning until about 9:30 in the morning. After 9:30, they would then open that box in the view of the regular election judges, they would count those ballots and put them in a sealed envelope with the results of that count. At the time that they open up the first ballot box, a second ballot box would go into operation, all within the view of the judges, all within the view of the polling place. The problem that we have in Cook is that, for instance, my precinct pol- ling place finished up with all of the procedures of counting GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  the regular ballots as of 9 o'clock at night. By the time that they finished counting the regul... the judicial re- tention, it was somewhere between five and six in the next morning. In some of the elections, these ballots have not been counted for three or four or five days. So, we were looking for a procedure where it could be done under the scrutiny of all the judges, would not violate the sanctity of the ballot box, would retain the protection of secrecy in the balloting."

"It only... It only applies to the reten- tion of judges?"

"Pardon."

"It only applies to the retention of the judges?"

"Right.. It only applies to the judicial retention judges. Right.."

"The gentleman from Cook, Representa- tive Downes."

"Mr. Speaker, I'd like to ask the Sponsor of the Amendment a question."

"He indicates he'll yield."

"Bob, does your Amendment specify the time that the ballot boxes will be opened?"

"Yes, it does."

"Would you please repeat?"

"The first time would be at following 9:00 A.M. in the morning. The second time would be at 12:00 Noon. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  35. The third time would be at 3:00 P.M. And, the fourth time would be following the close of the polls in the normal opera- tion of the polls."

"Am I to understand that these ballots will be counted while people are still casting their ballots?"

"They will be ah.. They will be counted during the same time period. Yes, they will be counted un- der the supervision of the two judges which are specified for this purpose. They will be counted under the supervi- sion in the polling place of the five regular judges. The five normal judges do not participate in the count because they will be busy with the conduct of the other election."

"Is it my understand then that there are two extra judges appointed to do this job?"

"That is correct. The present Law calls for three. We'll be cutting it down to two and providing the safeguards for the conduct of this count."

"Is there further discussion? The gentleman has offered to move the adoption of Amendment No. 2, to House Bill 14. All in favor of the adoption signify by saying 'aye', the opposed 'no', the Amendment is adopted. Are there further Amendments? Third Reading. House Bill 4523. Representative Juckett, is House Bill 4523 your Bill, Sir?"

"We are having another Amendment prepared. So, if you could pull that out of the record, Mr. Speaker."

"Take that out of the record. House GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  Bill 4588." 36.

"House Bill 4588. Amendment No. 1, DiPrima, amend House Bill.4588 on line 14 by inserting after the word 'officers' the following: andsoforth."

"The gentleman from Cook, Representa- tive DiPrima."

"Ah.. Mr. Speaker, I would like to have House Bill 4588 brought back to Second Reading for the pur- pose of an Amendment."

"Are there objections? Hearing none, House Bill 4588 will be taken from the order of postponed consideration to the order of Second Reading for purposes of an Amendment. The Clerk has read the Amendment. The gentleman from Cook, Representative DiPrima is recognized to explain the Amendment and put a motion. Representative DiPrima, do you wish to have your Amendment adopted, Sir or just read and left floating somewhere?"

"I can read it here. All the Amendment says is, 'provided that they have been certified by the Illi- nois Local Governmental Law Enforcement Officers Training Board as having successfully completed an approved basic police training course'."

"The gentleman from Cook, Representa- tive Regner."

"I just want to comment. This is the Amend- ment that I had drafted and I gave to Larry this morning ah.. to take away the objections I had to the Bill yesterday." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Rep. Arthur A. Telcser: "Is there further discussion? The gentleman from Cook, Representative Simmons."

"Does this clarify whether or not these ah. employees will be merit employees or not or patronage em- ployees?"

"This ah.. clarifies that they will be trained by the.. the ah.. ah.. certified by the ah.. police training.. the Illinois Police Training Board."

"But, it does not cover whether or not they'll be ah.. Civil Service or Merit Employees?"

"This.. This was my objection to the Bill yesterday, Representative Simmons. If someone else had the other one ah.., they could go ahead on that."

"Is there further discussion? The gentleman has offered to move the adoption of Amendment No. 1, to House Bill 4588. All in favor of the adoption signify by saying 'aye', opposed 'no', the Amendment is adopted. Are there further Amendments? Third Reading. Representative Hunsicker, for what purpose do you rise, Sir?"

"Mr. Speaker and Ladies and Gentlemen of the House, I'd like to have unanimous consent to suspend Rule 32b and Rule 17 to post here and report out House Bill 4661 that was introduced yesterday morning, I believe, or day before to be heard before the Agricultural Committee next Tuesday afternoon at 4 o'clock. I cleared with the Leadership of both sides and they have no objection."

"Are there objections? Hearing none, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  38 the appropriate Rule will be suspended so that those Bills can be posted. The gentleman... For what purpose does the gentleman from DuPage, Representative Hudson, seek recogni- tion?"

"Well, Mr. Speaker and Ladies and Gentlemen of the House, I ah.. rise to ask leave to ah.. have House Rule 4la suspended so that Senate Bills 1385, 1386 and 1387 may be moved to ah.. Second Reading without reference to Commit- tee. These Bills are identical to one passed out of this House the other day, House Bill 3772, which ah.. changes Veterans Day from the fourth Monday back to ah.. November the 11th."

"Has that been cleared with the ah...."

"I've checked this with the other sides of the aisle, the Minority Leader and he sees no objection."

"Okay ah.. Hearing no objections, Rule 41 will be suspended so that these Senate Bills, after they have been read a first time, will be sent to the order of Second Reading without reference. Will the Clerk please read those Senate Bills the first time."

"Ah.. Senate Bill... Senate Bill 1385, an Act to amend 'The School Code'. First Reading of the Bill. Senate Bill 1386, an Act to designate Veterans Day as a Holi- day. First Reading of the Bill. Senate Bill 1387, an Act to provide Law in relation to promissory notes. First Read- ing of the Bill."

"Back on the order of House Bills GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  Third Reading, House Bill 4446. Is Representative Shapiro on the floor? Representative Downes, for what purpose do you rise, Sir?"

"Mr. Speaker, what did you do with the three Senate Bills just read? Did you advance them?"

"Yes. The three Senate Bills were read a first time and advanced to the order of Second Read- ing. House Bill 4446."

"House Bill 4446, a Bill for an Act to amend the 'Civil Administrative Code'. Third Reading of the Bill."

"The gentleman from Lee, Representa- tive Shapiro."

"Mr. Speaker and Ladies and Gentlemen of the House, House Bill 4446 would allow the Director of the Department of Public Health to procure for certain designa- ted employees insurance for liability arising from their employment to the extent of policy limits not exceeding one hundred thousand dollars. Now, there is precedent for this type of a Bill in Law in this State. In ah.. recent years, we have passed liability insurance for the Ohio State High- way Department, for the Law Enforcement Department. And, there is presently pending in the Senate, House Bill 2703 which allows the same limits for the Department of Conserva- tion. Now, in past years, there have been several suits filed against State Employees and when the Courts ruled against the Employees, the Employees had to pay the damages GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  the liabilities out of their own pocket. Now, the Attorney General of the State has ah.. issued an opinion that the State of Illinois has no authority or appropriation for pay- ment of any judgement that may be obtained against any Employ- ee of the State. In view of these facts that other Depart- ments of the State do have this liability insurance and that these Employees are subject to paying these liabilities out of their own pocket, if insurance is not available. I would appreciate a favorable vote on House Bill 4446."

"The gentleman from Bureau, Representa- tive Barry."

"Ah.. will the Sponsor yield to a couple of ques- tions, please?"

"He indicates he will."

"Ah.. Doc, there's two things that crossed my mind. One of them is the cost of this and I think that you indicated that it wasn't in the budget. I wanted to know if you may have learned the cost since ah.. Second Reading."

"Ah.. Representative Barry, there is a fiscal note attached to it. The cost would be in the neighborhood of 8,000 dollars, 28 dollars per person for approximately 400 Employees."

"My other question is a little more important, Doc, and that is ah.. this is limited to the Public Health Employ- ees. As you indicated, we do.. we have authority and have, in fact, purchased ah.. for people in Public Works and then another Department. I've forgotten which it is." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  41.

"Ah.. this is for the Department of Public Health, but these other Agencies now have the authority..."

"Yes, by statute... Law Enforcement..."

"Law Enforcement and the Department of Trans- portation."

"Yes. I.. I really.. I'm leading up to why we stop here. I know of an instance, for example, where I'm involved ah.. as a favor to a friend of mine to defend him as an Employee of Conservation. Ah.. he was involved in a fracas in a Park and had to pick up the tab himself so to speak. And, I wonder if.. if we're going to go this direc- tion as there is precedent for, why we aren't going all the way. And, I know that you've handled some administration ah.. stuff so to speak and I wonder why we aren't going be- yond Public Health added to the other two Departments.".

"Ah.. Representative Barry, I have to agree with you one hundred percent. Ah.. I don't why the other Departments haven't ah.. ah.. or someone has gotten together to provide ah.. a policy for all State Employees. But, this Bill was ah.. ah.. drafted for the Department of Public Health because they have had some problems in the past. Pending in the Senate is the Bill for the Conservation De- partment. Ah.. I would say that we should include the other Departments, but at the same time, I would also like to state that we shouldn't ah.. hinder the process of this Bill because ah.. the other Departments do not have it. I.. I.. I would like to make this suggestion. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES However, If there's  42. enough thought up to this point ah.. Senator Horsley is going to handle this Bill in the Senate, possibily, we could amend it to include everybody."

"Thank you."

"The gentleman from Cook, Representa- tive Palmer."

"If the Sponsor will yield for a question."

"He indicates he will."

"What is the nature of the work that is be- ing performed by the ah.. particular Member or Members of the Department of Public Health? And, what has been or what is the nature of the liability exposure?"

"Ah.. I didn't hear the last part of your question."

"What is the nature of the liability exposure? What.. How does it arise?"

"Yes.. Oh.. Okay.. The Department of Public Health employs ah.. sanitariuns, for example, who may go out and inspect a ah.. a milk facility, ah.. the facilities of a milk producer. And ah.., supposing that this producer is supplying Grade A milk, and the sanitariun ah.., because the facility is not up to standard or specification, recommends that this installation no longer be given a Grade A license. In one case, this did happen and the sanitariun ah.. was sued by the producer and the Court awarded the ah.. the producer damages against the Employee and the Employee had to pay it out of his own pocket. Now, this Employee is GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  43. acting for the State of Illinois on behalf of the people. And ah.., without this Bill ah.. or similar Bills, Employ- ees of the State of Illinois acting on behalf of the State for the people are subject to liability damage and paying those damages, if awarded."

"Is there further discussion? If not, the gentleman from Lee, Representative Shapiro, to close the debate."

"Ah.. I'd appreciate a favorable vote."

"Representative Shea, for what pur- pose do you rise, Sir?"

"May I ask the gentleman a question? I'm sorry."

"Certainly. Proceed, Sir."

"Representative Shapiro, we talked about this Bill in... I wonder why there is no requirement of bidding. The way I read this Bill is that the Department Head... or the Depart... the Director could take and place all of this insurance with, you know, his friendly insurance broker and pay any kind of premium at all on it. And, if.. if you would, you know, get something about a bid requirement in here in that he would have to take the lowest bid and there would be open biddings so that all brokers could bid on it. And, then, I think, that there's a reason for it. But, as I see it now, he could place it with anybody he wanted and ah.. nobody would ask any questions about it."

"I ah.. Representative Shea, I think that's GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  a valid point. And, if you will allow me to pass this Bill out, I will instruct Senator Horsley to ah.. have an Amend- ment drafted, possibly for this and for Representative Barry's suggestion."

"Can't you pull it back and get it done now?"

"Ahhh...."

"Is there further discussion? The question is.... The gentleman from Bureau, Representative Barry."

"Even though it is rather unusual, I think I have.... I've run across some information that might be helpful to.. to ah.. Representative Shapiro. Make a note, Doc, House Bill 2703 in the 1971 Session, LRB #4314-77 was a Bill to the same effect for the Department of Conservation. I don't know whether it was passed or it was signed by the Governor, but it might be well in the interest of passing your Bill, ah.. to look into that. Perhaps, hold this for a few minutes or at least ah.. part of the day to determine whether we might be able to get enough votes to pass this."

"Representative Barry has asked if you would hold your Bill for a few minutes while he determines if another Bill ah.. passed. If that correct, Representa- tive Barry?"

"Yes. I have some added information ah.. ah.. 2703 of 1971 is now ah.. in Senate Executive. There might be some method of tying these together for everybody's bene- fit." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  45.

"Oh.. Fine.."

"Do you wish to...."

"We'll hold it and ah.. I'll get over there and we'll discuss it..."

"Take it out of the record. House Bill 4603."

"House Bill 4603, a Bill for an Act to amend 'The School Code'. Third Reading of the Bill."

"The gentleman from Franklin, Repre- sentative Hart."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill would ah.. change the time for filing claims for orphans and it would ah.. extend the time for filing the claims, speed up the time for the claims to be paid. And, in general, would ah.. assist the School Districts to a more... a more expeditious handling of the claims for the orphans. Ah.. the Bill passed the House Education Committee unanimously. I was suggested by the Office of the Superintendent of Public Instruction. I be- lieve that it would ah.. meet with the approval of all of the School Districts in the State. And, I would ask for the support of the House in the passage of this Bill for orphan claims."

"Is there any discussion? The ques- tion is, 'shall House Bill 4603 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, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  there are 127 'Ayes' and no 'Nays'. Ike Sims.. 'aye'. And, this Bill having received the Constitutional majority is hereby declared passed. House Bill 4575."

"House Bill 4575, a Bill for an Act to amend 'The School Code'. Third Reading of the Bill."

"The gentleman from Cook, Representa- tive McPartlin."

"Ah.. Mr. Speaker and Members of the House, House Bill 4575 amends 'The School Code' to provide for compulsive retirement of Civil Service Employees of the Board of Education.. the Chicago Board. It establishes a reduced age scale. I would appreciate your support."

"Is there any discussion? The gentle- man from Cook, Representative Glass."

"Will the gentleman yield for a question?"

"He indicates he will."

"Ah.. Representative McPartlin, what is the compulsory retirement age that this Bill establishes?"

"Ah.. 68. It'll take actually ah.. ah.. because ah.. we don't want to drain the fund, it'll take ten years in order to.. to do this."

"Okay.. Thank you."

"Is there further discussion? The question is, 'shall House Bill 4575 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 question, there are 109 'Ayes', 10 'Nays', and this Bill GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  47 having received the Constitutional majority is hereby de- clared passed. House Bill 3078."

"House Bill 3078, a Bill for an Act to amend 'The School Code'. Third Reading of the Bill."

"The gentleman from DuPage, Representa- tive Hoffman."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, House Bill 3078 provides for construction of Area Vocational Centers by the School Building Commission. And, it requires that the digest indicates joint appointment of architects and engineers by the School Board of a Dis- trict and the ah.. School Building Commission. Ah.. this Bill is ah.. particularly necessary for Voc-ed Center which is being built in the Danville Area and the Area Vocational Center which is being developed in ah.. DuPage County. This has the ah.. support of the Board of Vocational ah.. Educa- tion, the ah.. School Building Commission. And, I request your support."

"Is there any discussion? The ques- tion is, 'shall House Bill 3078 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 124 'Ayes', no 'Nays', and this Bill having re- ceived the Constitutional majority is hereby declared passed. House Bill 1464."

"House Bill 1464, a Bill for an Act to amend 'The School Code'. Third Reading of the Bill," GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES

48 Rep. Arthur A. Telcser: "The gentleman from Johnson, Repre- sentative McCormick."

"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, ah.. I'm handling this Bill for Mrs. Chapman, who had to be gone today. And, I think, that we.. This is the personal leave Bill and ah.. that's what I got from wom. wom.. woman's lib the other, see. But anyway, Mr. Speaker, I think that we have ah.. the controversial part of this Bill worked out and it makes it ah.. a permissive Bill. Ah.. it clarifies the status ah.. ah.. of the Boards because some of them hesitate to give the leave. And, it also, in the Amendment, takes care of the religious holidays, I think, that was questionable. And, I believe that we have all the controversial worked out. And, I certainly would appreciate your vote."

"Is there any discussion? The gentle- man from Adams, Representative McClain." Elmo McClain: ain: "Ah.. Mr. McCormick, in regard to the religious holidays, what do you mean it's been worked out? What..."

"Well, you know, there was some controversy before about the ah.. ah.. religious holidays ah.. ah.. oc- curring during the school time. And, this Amendment says, 'However, personal leave shall be construed to include re- ligious holidays that occur on days when school is in actual session'. Now, ah.. this is subject to the Board's ah.. ah. the Board's rules and regulations. All I think it does is clarify the.. the ah. ah.. legal status of it." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Rep. Arthur A. Telcser: "Is there further discussion? The question is, 'shall House Bill 1464 pass?'. All those in favor signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. The gentle- man from Johnson, Representative McCormick."

"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, ah.. this Bill is a much weaker Bill than any Bill like this that we've ever passed before in the House. We have had some opposition to the Bill. But, I think now that all of these things are worked out, it's a good Bill. And, I think that it deserves consideration of this House."

"The gentleman from Champaign, Repre- sentative Clabaugh."

"Mr. Speaker and Members of the House, I'm going... I'm supporting this Bill. This has been a conten- tious point for many years. Ah.. School Law in Illinois does not permit a.. a teacher to be out of school except on sick leave or those parts that it covers ah.. and still be paid. Now, it is true that a good many Districts who are able financially to give sick.. to give personal leave, give it anyhow. Now, this provides two days of sick leave which is completely voluntary on the parts of the Boards. The School Problems Commission recommended such a Bill some years ago, but some of the teacher organizations got a hold of it and put the mandatory two days in. And, as a result, the Bill was beaten. But, this is, I think, a good Bill and should be enacted." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES

50 Rep. Arthur A. Telcser: "Have all voted who wished? Take the record. On this question, there are 114 'Ayes', 18 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. House Bill 4593."

"House Bill 4593, a Bill for an Act to amend 'The Election Code'. Third Reading of the Bill."

"The gentleman from Cook, Representa- tive Phil Collins."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, House Bill 4593 is.. is the Bill that I spoke about later, I mean earlier that ah.. would provide ah.. for public inspection of.. of precinct binders. Ah.. as you re- call, when I called it before, Representative Shea, ah.. ah objected to it because it only applied to Cook County and asked if I would accept an Amendment to.. to make it state- wide. I replied that I would. However, the Amendment is not yet ready and Representative Shea and I have an agreement that if the Bill passes ah.. I will ah.. ah.. insist that it be amended in the Senate to include the provisions that he suggested. Ah.. on that basis, I would ask for your support."

"Is there any discussion? The ques- tion is, 'shall House Bill 4593 pass?'. All those in favor signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Fleck.. 'aye'. Take the record. On this question, there are 143 'Ayes', no 'Nays', and this Bill having received the Constitutional majority is hereby declared passed. House Bill 4594." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Fredric B. Selcke: "House Bill 4594, a Bill for an Act to amend 'The Election Code'. Third Reading of the Bill."

"The gentleman from Cook, Representa- tive Phil Collins."

"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4594 is another Amendment to 'The Election Code'. It would provide that independent candidates for nomination to State Office would not be re.. restricted as to residence of the signers of the nominating petitions. As you know, the present Law stipulates ah.. that independent candidates require 25,000 signatures, no more than 13,000 of which may be obtained in one County. Ah.. this Bill would strike the provision for the 13,000 ah.. ah.. signatures in one County. Ah.. there is presently a case pending in.. in the Federal Court in Cook County challenging ah.. ah.. this Law. And, ah.. ob... naturally, this.. the passage of this Bill would obviate the need for ah.. such a suit. I think that this is good legislation. And, I would ah.. ask for your support."

"The gentleman from Cook, Representa- tive Shea."

"Ah.. Representative Collins, is this an Administration Bill?"

"Ah.. No.. This is a Collins Bill."

"I just thought that, in light of the polls, maybe there's something about you want a third candidate to run and make it easier for him to run." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Philip W. Collins: "Ah.. no. I.. I think that our candidate is able to run on his own without any help from anybody else."

"Well, I thought maybe that you were trying to make it easier to get a candidate on our side."

"Anthing that I can do to help you, Gerry, you know that you can count on me." Gerald W. Shea; "Ah.. I know. That's why I think that this is a terrible Bill, Phil."

"The gentleman from Madison, Repre- sentative Kennedy."

"Ah.. would the gentleman yield to a ques- tion?"

"He indicates he will."

"Phil, I heard you say that it eliminates the provision of 13,000 signatures from one County. Ah.. what does that cut it down to?"

"No.. It.. it. The requirement is still 25,000 signatures to be pla...for a name to be placed on a ballot. But, the Bill, as written, would allow for you to get the 25,000 signatures anywhere that you want. You could get all 25,000 in.. in one County, if.. if you wanted. Now, the Law says that you may not get more than 13,000 of your 25 in one County. So, if you did get 25,000 from one County, you could only count 13,000 of them towards the 25 under the present Law. The.. This would strike that pro- vision for 13,000. You still have to get 25,000 but you can get them anywhere." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES

53 Leland J. Kennedy: "You can get them from one precinct, if you wanted to, you mean?"

"Well, that would a pretty big precinct, but yes, that's right."

"May I be heard on the Bill, Mr. Speaker?"

"Proceed, Sir."

"Now, Ladies and Gentlemen of this House, I'd like to have your attention for a minute, please. I don't rise very often to speak to you but this appears to me, this is the first time I've heard of the Bill, the most ri- diculous Bill I've ever heard of. The very idea of allowing a man to get 25,000 signatures from one County yet, the State-wide candidates had to go throughout the State to get their signatures. I think that it's ridiculous that we make it easy for the independents to run. If they want to run, let them run in the primary like you and I do. That's what we have to do. And, I think that this Bill should go down with a glorious defeat."

"The gentleman from Cook, Representa- tive Douglas."

"Ah.. Mr. Speaker, just so there's no mis- understanding that there's a party stand on this Bill, I would like the Members of the House to know that there's at least one person on this side of the aisle that thinks that there is substantial merit in the concept behind this Bill. Thank you very much."

"The gentleman from Christian, Repre- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  sentative Tipsword."

"Mr. Speaker and Ladies and Gentlemen, if this trend continues such as in this Bill at the present time, may I ask you why there should ever be a party re- sponsibility or why anyone should ever run from a political party in the State of Illinois. With this Bill and the opinions that we've had from the Courts and with the changes in thestatutes that we've had, why should anyone spend the money to run in a primary? Why should anyone battle by battling all over a District in any part of the State of Illinois? Why should anyone walk the State of Illinois in running for Office from one end of the State to the other? Why should anyone go out and ask his friends to work for him so that he can be nominated and become known to the people when, if this trend continues, all you have to do is say that I'm an independent, walk in, sign his name and get on the ballot. I think that this is very bad legislation. I think that it is also bad for the independent. I think that he should be known if he's going to run for a State Office from all parts of the State of Illinois. And, consequently, he should make an effort to make himself known by getting his signatures on his petition from various parts of this State. If he runs in a District, let him be known through- out his District, don't just let him be from one small seg- ment of the State. If he's going to be a State Candidate or a District Candidate, let him be a State Candidate or a District Candidate. And, let him, if he proposes to have GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  55. some party affiliation, not run as an independent, but run in that part and convince the voters of that party that he should be the candidate. And, let him also spend the ef- fort and the money that most people who run for Office spend in the State of Illinois. Thank you."

"Is there further discussion? The gentleman from Cook, Representative Phil Collins, is recog- nized to close the debate."

"Well, Mr. Speaker, ah.. in closing, of course, the answers to the ah.. last speakers objections are obvious. The ah.. The reason why you.. you seek support in the primary is to get the support of the party of your choice. The reason that you campaign state-wide ah.. is to get known state-wide. But, the fact remains that independent candidates do ah.. ah.. run and are entitled to placement on the ballot. We've made the ah.. We've made the problem for ah.. ah.. independent very strict. And, I think, prop- erly so. But, I think that it's ridiculous to say that you can only get your signatures for your petitions in one ah.. in a certain area or so many in an area. If there's 25,000 people who think that you're qualified to run for Office, then, I say you certainly have that right that you should be allowed to run for Office no matter where you get your 25,000 signatures. Obviously, there.. there are some people who would not be able to get signatures in.. in other places other than an.. an immediate geographic area. I think that Again, I say if you do have 25,000 ah.. constituents or GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  if it appears that you think that you're qualified to run for state-wide office and you come in with petitions signed by 25,000 voters of the State of Illinois, then you have every right to be placed on that ballot. I think that this is good legislation and I would earnestly request your sup- port."

"The question is, 'shall House Bill 4594 pass?'. All those in favor will signify by voting 'aye', the opposed by voting 'no'. The gentleman from Cook, Repre- sentative Mann, to explain his vote."

"Well, Mr. Speaker and Members of the House, I rise to explain my vote. This Bill does not decrease the number of signatures required. It does not say that ah.. the candidacies of independents is approved or are approved. It passes... It does not pass on that question at all. All it would do would be to facilitate the right of any citizen of who wants to run for public office on a state-wide basis I see nothing wrong with that. If he's able, after he gets on the ballot, to get the necessary votes to secure his election, then, he would be a lawfully elected candidate. All we're trying to do is widen the opportunity for partici- pation of people in public life. Who knows? We might get a good candidate. We may get some bad ones. But, give him an opportunity to offer his qualifications to the people. That's all the Bill does. I don't think it does any harm. I think that it's a positive Bill and I'm going to vote 'aye'." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  57.

"The gentleman from Cook, Mr. Scariano.

"Mr. Speaker, on a point of personal privi- lege and on behalf of ah.. Representatives Brenne, Thompson and ah.. they're also friends of the Speaker. I have ah.. some friends from School District #169 in Chicago Heights in the Balcony. Will they please stand and ah.. take a bow, East Chicago Heights, School District #169."

"The gentleman from ah.. Cook, Mr. Phil Collins."

"Ah.. Mr. Speaker, ah.. Representative Scariano has some friends in the Gallery. I wish I had a few more on the floor."

"The gentleman from Cook, Mr. Scariano.

"In explaining my vote, I'm a friend of yours, Phil. It's on the board."

"Have all voted who wished? The Clerk will take the record. On this question, there are 47 'Ayes and 66 'Nays', and this Bill having failed to receive a Constitutional majority is hereby declared lost. 4338."

"House Bill 4338, An Act to amend Section 46.1 of the 'State Housing Act'. Third Reading of the Bill"

"The gentleman from Cook, Mr. Bluthardt"

"Ah.. Mr. Speaker and Members of the House, this Bill amends or would amend the 'State Housing Act' to provide that the Department of Local Government Affairs may expend money from the Housing Fund for the administration and operation of the Office of Housing and Buildings. It's GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  58. ah.. in the same manner as the expenditure they are now per- mitted for the operation of the Illinois Housing Development Authorities. I'd appreciate your support."

"Is there further discussion? The gentle- man from Cook, Mr. Lechowicz."

"Mr. Speaker, I believe we had ah.. Was this Bill on postponed consideration?"

"The gentleman from Cook, Mr. Bluthardt."

"It was taken out of the record a couple of days ago, Mr. Speaker."

"Oh.. I'm sorry. I thought it was ah.. post... for postponed consideration."

"No.."

"This is again that Bill that actually provides the Department of Local Government Affairs to ex- pend or withdraw monies from the Housing Fund. And, when this Bill was being discussed the other day, I asked one what was the total dollar amount within the Housing Fund. And, at that time, the Sponsor didn't have that answer. But, Representative Shea came on the floor and stated it was about $500,000,000. So, I think, that we'd better look at this Bill very closely because it doesn't.. it gives the Department of Local Government Affairs may expend or with- draw any monies from this fund. So, I think, if this Bill would pass, this would probably be the strongest Department in State Government. In fact, it could absorb State Govern- ment. I would hope that the House would look at this Bill GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  and see exactly what it does very carefully and defeat this measure."

"Further discussion? The gentleman from Cook, Mr. Bluthardt, to close."

"Well, thank you, Mr. Speaker and the last speaker. There seems to some misunderstanding as to what the Housing Fund is. The Housing Fund is that Fund that ah.. comes back from local housing authorities unex- pended funds and ah.. is in this special State Housing Fund There is, in fact, 1,400 and some thousand dollars in that Fund, not 500,000,000 dollars. And, those are unappropriate.. unappropriated funds. There are no strings attached to their expenditures. And, we're only asking now that you'll allow and spell out in a Law that some of that money can be used for the cost of administering that fund. The amount that is in the present appropriation for the Department of Local Government Affairs is.. for this purpose is 197,700 dollars. If this Bill is successful, gets through the Sen- ate, we will then agree to an Amendment to the ah.. Appropria- tion Bill of the Department of Local Government ah.. ah.. Affairs taking out 197,700 dollars. I think that ah.. it's only fair. I think that it's reasonable to ask that both the ah.. Housing.. Illinois Housing Development Authority ah..funds be ah.. be operated the same as the 'State Housing Act' and be allowed to expend monies in the administration of those offices from these funds. I would move for the... I would ask for your support of this Bill." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Hon. W. Robert Blair: "Alright.. The question is, 'shall House Bill 4338 pass?'. All those in favor will vote 'aye', and the opposed 'no'. The gentleman from Cook, Mr. Hyde."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, this is ah.. an innocuous Bill really. It per- mits the Department of Local Affairs to use money from the Housing Fund for administration. Now, the Department of Local Affairs has to have money to administer itself and it gets that money from general revenue now. Now, the unex- pended funds from the Housing Fund by Law are transfered to the general revenue. So, asix of one and a half dozen of the other is a convenience to the Department of Local Affairs and ah.. ah.. this practice is used by other Agencies. And, I see no ah..dire objections to this Bill at all. I would hope that you would support it."

"Have all voted who wished? The Clerk will take the record. On this question, there are 61 'Ayes', 27 'Nays', and this Bill having failed to receive a Consti- tutional majority is hereby declared lost. 41... 44.. 4467"

"House Bill 4467, an Act to amend The School Code'. Third Reading of the Bill."

"The gentleman from ah.. DuPage, Mr. Hoffman."

"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, ah.. this is a Bill which got ah.. confused some- what with ah.. House Bill 4466 the other day and ah.. which ah.. due to that confusion, I was forced to put on post- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  poned consideration. What House Bill ah.. 4467 does is ah. permits the.. the issuance of ah.. bonds for payments of deficits in the transportation fund. Ah.. what it provides is an option which the school boards do not have at the present time ah.. which they may do ah.. if they wish. And, it provides for a ah.. backdoor referendum. This was ah.. one of the solutions that was suggested to the ah.. trans- portation deficit problem ah.. which was brought before the School Problems Commission. And, I would appreciate your support."

"The gentleman from Cook, Mr. Berman."

"Will the Sponsor yield? Ah.. Gene ah.."

"Yes. He indicates he will."

"Are you familiar with the Bill ah.., I be- lieve ah.. the principal Sponsor is ah... I believe Repre- sentative Shea, regarding payment of these deficits out of the transportation bond issue?"

"No, I'm not."

"Well, I believe there is one pending ah.. to make...."

"I understand that there is one somewhere. I've..."

"Alright.. Ah.. on these bonds that would be allowed under 4467 would have to ah.. paid off ah.. from future ah.. real estate taxes ah.. the school districts. Is that correct?"

"This would be ah.. one of the options that GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  would be available to the school districts if they wanted to use it."

"Ah.. speakingto the Bill, Mr. Speaker, I'd merely point out that ah.. ah.. I think there are probably better ways and I know that there are cheaper ways as affects the local real estate property taxpayers to try to make up these deficits. And, I referred initially to the possibili ty of utilizing some of the money out of the transportation bond issue to be made available to these local school dis- tricts to make up these deficits. I would merely point out that the ah.. ah.. issuance of these bonds proposed under 4467 are subject to a backdoor referendum, not to an initial referendum and would have to be paid off in future years by real estate taxes."

"The gentleman from ah.. Peoria, Mr... Barry."

"Would the Sponsor yield to a question?"

"He indicates he will."

"I don't have the ah.. Amendment, Gene, ah.. I understand though that it knocks off the last three ah.. lines or the ah.. third paragraph in the Bill which ah.. subjects the the subject matter to the 5 percent constitu- tional limitation. Is that correct?"

"That is correct. Because during the last Session, the Legislature recoursed to take care of the.. of this question under the new Constitution. We provided for ah.. a limitations on the basis of 6 percent for dual dis- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  tricts and 12 percent ah.. for a unit district. Therefore, it was ah.. suggested ah.. by, I believe, the Reference Bureau or Chapman and Cutler or somebody to be taken off."

"And, the result of the Bill is to increase real estate taxes without referendum? For this additional purpose?."

"The gentleman from Adams, Mr. McClain."

"Will the Sponsor yield to a question?"

"He indicates he would."

"Ah.. Gene, for example, like in ah.. ah.. school district like where I come from, in other words, if there is no ah.. deficit, then nothing will happen. Is that correct?"

"That's absolutely correct. It's the.. It's the option of the school board. It's another option that is presented to let a local governmental body make their own judgement on the basis of their ah.. their own situation.. If there's no deficit, there's no bond issue. It's just another option."

"Well ah.. in... For example, the greatest problem with this, of course, lies with Downstate, like in schools like Waterloo and Belleville where they're running in desperate straits and they don't know what in the world to do. And, we're trying give them an out ah.. ah.. so they can make it. And I'm, for one, going to support this. It's.. It's primarily... It's a Downstate Bill and it's a Bill where we can give them an opportunity, where they're completely harassed by mounting transportation deficits, and it gives GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  them an out. And, I have one school district in my District that's in this plight and I've got to try to give them an out and I'm going to support it."

"Further discussion? The gentleman from ah.. DuPage, Mr. Hoffman, to close."

"Mr. Speaker and Ladies and Gentlemen of the House, this Bill merely provides an option for local school districts to use if they so wish. Ah.. the Bill in itself ah.. will not increase taxes. If the local school district makes that judgement, then they.. they have to make it on the local level. And, this merely gives a local governmen- tal unit ah.. more latitude to deal with the problems as they find them. In terms of the alternatives that were available ah.. which came before the School Problems Commis+ sion, ah.. this seemed to be the most reasonable. And, therefore, on that basis, I would ask for your support."

"The ah.. For what purpose does the gentleman from Cook, Mr. Simmons, rise?"

"Will the Sponsor yield to a question?"

"Well... Alright. He indicates he will

"Ah.. where in the Bill does it say that there's a backdoor referendum?"

"It says, 'that bonds which are to pay.. ah.. are to pay claims ah.. have to ah.. do this on the basis of a ah.. of another section of 'The School Code', which ah.. provides for this'. Which isn't.. Which isn't mentioned in this one." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  65.

"Thank you."

"Alright.. The question is, 'shall House Bill 4467 pass?'. All those in favor will vote 'aye', and the opposed 'no'. The gentleman from Champaign, Mr. Cla- baugh."

"Now, Ladies and Gentlemen, there's nothing to panic about about this Bill. The Law already provides in Section 19.9 that ah.. a backdoor referendum bonds can be issued for the payment of teachers wages or other claims, if there is not other way for it to be done. Now, some years ago, we allowed school districts to levy up to 12 cents to pay transportation costs and that the State would make up up to 80 percent. But, there are a few, really a very few school districts in the State that when they the 12 cents and get the 80 percent, still that 12 percent will not cover the 20 percent ah.. of cost. And, those districts can not do it. There is no way on heaven's earth for them to pay those debts. They're very small and no school district can use them, if there's any other way for them to meet the obli- gation. Now, the Legislature says that they must furnish transportation. We told them how they could raise money and still they.. it won't work. We put a Bill in to take off that 80 percent limitation so that will not happen again. But, there's a small number of districts with a very small amount of money involved. I think the total is.. well, it's just very small. And, so we're not.. we're not doing a thing except adding transportation to what has been the Law for GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  many years. My school district, about three years ago, found itself in.. impossible to pay teachers. And, so they issued... They put ah.. ah.. issued to pass a referend... or passed a ah.. resolution in the Board, let it go the length of time, no claim was filed for a ah.. a Federal petition was filed for a referendum and they issued bonds and paid the teachers. It's.. It's a way to get out of ah.. a financial position, condition in which they absolutely can't do it any other way. And, they're.. this will not happen any more in this ah.. particular field. And, so it's quite unfair when these people have followed the rules that we've laid down and still they can't ah.. do anything but carry that debt. I don't know what they're going to do, whether they're just going to have to violate the Law or we'll take it out of education or what. We said that they can't do that. There's no other place for them to get the money but this. And, nobody's going to be hurt and if they did get hurt, they're not going to be hurt very much because there's not much involved."

"Have all voted who wished? The Clerk will take the record. On this question, there are 67 'Ayes', and 28 'Nays', and this Bill having failed to receive a Constitutional majority is hereby declared passed... or lost. Oh.. I'm sorry. The gentleman from ah.. DuPage, Mr. Hoffman. Did you desire leave to postpone?"

"Ah.. yes, I did but you were very quick."

"Oh.. Well, that's alright. I can put GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  it back there where it was. You ask leave?"

"Ah.. leave."

"Oh.. Alright.. Does the gentleman have leave to have that Bill put on postponed consideration? Al- right ah.. Alright ah.. So that the record correctly re- flects this, there were 67 'Ayes', 28 'Nays' and the gentle- man has.. The Bill is not declared lost but is ah.. The gentleman on asking for leave ah.. for postponed considera- tion was granted the leave by the House to place it there. 4110."

"House Bill 4110, a Bill for an Act to amend the 'Criminal Code of 1961'. Third Reading of the Bill."

"The gentleman from ah.. Cook, Mr. Fary."

"Ah.. House Bill 4110 and 4111, Mr. Speaker, are companion Bills. I ask that they be heard together."

"Ah.. yes.. Does the gentleman have leave to have 41ll read? Alright.. Read 4111."

"House Bill 41ll, an Act relating to the conducting of raffles and chances by certain non-profit organizations. Third Reading of the Bill."

"The ah.. gentleman from Cook, Mr. Fary."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, ah.. you know and I know that there's a need for money to operate the State Government. Now, how desperate the situation is, I'm in position to say at this particular time. However, this could be a good time to pave the way, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  68. to pave the way for Acts for the future. There's talk about ah.. ah.. money being needed to replace the personal property tax. Now, here is an untapped source of revenue, raffles and chances. It's been going on for years and going around. and going on all around us. And, I doubt if there's any man in this House who doesn't have a receipt for a raffle or a chance that he purchased from some church or some veterans group or some boy scout or a cub scout group. All I'm ask- ing that we settle and harness this. And, as long as it's going to go on, why not ah.. license it and make it legal? And, as I say, being an untapped source of revenue, it will be very beneficial to our treasury. It's very successful in New Jersey and other States that have a similar Law: And, I ask for your favorable vote."

"The gentleman from ah.. Cook, Mr. Fleck."

"Will the Sponsor yield for a few questions?"

"For whom are you substituting?"

"Ah.. I just have the digest here now. Are there any institutions that would have to be Non For Profit Corporations or can anyone run a ah.. raffle game or chance?"

"No. Just charitable non-profit organizations."

"Ah.. Not For Profit Organizations..."

"Yeah.. Wait a minute here.. Issue a license for the conducting of raffles and chances to any bona fide civic, religious, charitable, social, recreational, scouting, labor, fraternal, educational or veterans organizations or for other GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  Not For Profit Organizations which has been existence con- tinually for a period of two years."

"If.. If that list was any longer, I would die of old age waiting for you to finish it... Ah.."

"Take your time."

"Now ah.. What do you mean? I'm getting gray hair. Would this possibly make pelota games which ah., a very sad commentary in some of the Spanish neighborhoods and a lot of them are in my District, legalize pelota in some situations?"

"Ah.. Ah.. absolutely not. I made a very very big mistake the last time this Bill was up and ah.. when the late cardinal's nephew, who is not here at present, asked me whether this would legalize policy. The answer is no. This would merely legalize raffles and chances. I was wrong when I said that to him. Sometimes, I talk without thinking. And, that was one of them."

"Ah.. okay.. Mr. Speaker, if I may address myself to the Bill."

"Proceed."

"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, I believe that we were all here yesterday when Representative Wolf presented his Bills regarding the con- trol of the Not For Profit Corporations and some of the ex- amples which he propounded to us at that time. Now, ah.. this particular device has been abused for the solicitation of funds. And, there's been rampages of fraud in the col- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  lection of these manies using this device. And, to open up the flood gates to permit Not For Profit Corporations which / we're having a very difficult time controlling, at this point, to raffles and chances, I think, would be a very very serious mistake. And, not really a question of raising revenue for the State of Illinois, but for some people who would put it in their pocket and the State would never see any of it. And, I urge a 'no' vote on this particular legislation."

"The gentleman from Lake, Mr. Murphy."

"Mr. Speaker and Ladies and Gentlemen of the House, I think that it's quite the opposite from what Repre- sentative Fleck said. At the moment, they all do it anyhow, like Representative Fary said. And this, they would have to licensed now and one they're licensed.. the ones who are licensed could do it, but the others would be under sur- veillance and be arrested for doing it. And so, on the con- trary, I think this would give some control over it and it would channel money into the State in the proper sources that is being lost now. And, I think a good way to correct this is to legalize it. I urge a 'yes' vote on this."

"The gentleman from Livingston, Mr. Hunsicker."

"Mr. Speaker and Ladies and Gentlemen of the House, it's always struck me as more than just a little bit critical that Illinois would once forbid gambling on moral grounds and want to go into the gambling business it- self as a political convenience. Of course, over the years, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  moral has become less and less a matter of legislative con- cern. We all know that, whether this is right or wrong. Several States have already gone into the lottery business to raise funds, New Jersey, for one has offered prizes up to a million dollars and has been making around 50,000,000 dollars a year by this means. And, it's possible, as been said, Illinois could double this figure, probably raise a hundred million. The real crux of this church question is, who's going to bear the burden of public finance? Gambling and especially lottery, with tickets selling for a dollar or less and offering big prizes, have always attracted people with low incomes. You can go anywhere where lotteries are an accepted way of public finance and you'll find that the line at the lottery windows don't look very different from the lines at the welfare offices. The customers are usually poor, generally uneducated and always looking for a quick and easy way out of their humdrum way of life. These are the people, my friends, who according to liberals should be spared the burden of having to pay any taxes at all, espe- cially a sales tax. Any tax that forces the poor to pay a greater proportion of their income or even an equal pro- portion is denouncing and regressive. If public lottery is more regressive in this respect than any sales tax could ever be. Yet, it is the backers of legislation to remove the sales tax who are always supporting a lottery in Illi- nois. I ask you in all sincerity, is it wrong to expect a person with a modest income to pay his exproportional share GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  of public expenses, but right, to luring him into paying more than his share by tempting him with a possible, and I use the word loosely, possible big prize?"

"The gentleman from Christian, Mr. Tipsword."

"Would the gentleman yield for a question, please? Ah.. Representative Fary, I regret that I don't have these Bills before me at this time. I wonder if you'd enlighten me on about ah.. three little points that I'd like to know about? I understand that this requires licens- ing ah.. to have these raffles. I would just like to know who does the licensing, what controls there are or what directions there are to the person who issues a license. And, does the Bill contain provisions which would prevent ah.. these raffles and licenses for raffles from getting into the hands of ah.. criminal elements?"

"Ah.. yes. The Department of Revenue, who ad- ministers the Bingo Law at present and the Bingo Law ah.. Bingo is very successful, and ah.. the State is making a pretty good buck and going to get a lot more. In Amendment No. 1, Willard Ice from the Department of Revenue submitted the Bill, a memorandum which provided that the purpose of it was to strengthen the enforcement and administration features of the Bill, as was done in the case of the Bill enacting the Bingo and License Tax Act. And, he is satisfied and the Governor's Administrative Office is satisfied that this Amendment will take care of any possible infiltration of any GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  shenanigans."

"Thank you."

"The gentleman from ah.. Cook, Mr. B. B. Wolfe."

"Ah.. Thank you, Mr. Speaker. Two questions, if the Sponsor will yield?"

"Yes, he indicates he will."

"Ah.. one. Will the Bill prevent the ah.. For Profit Corporations that are now utilizing the raffle systems through the newspapers, gasoline stations, andso- forth from further engaging in this practice if this Bill passes?"

"The gentleman from Cook, Mr. Fary."

"Ah.. not as long as they are not charging. If they're giving it as ah.. ah.. part of their business promotional program and not charging the individual, like you see ah.. the gas stations advertise free Bingo and free Cash, they don't charge you for it. They're volunteering it ah.. as a business promotion. But, if they are going to charge you for a chance on the ticket or something, then, of course, they will become subject to the Law and have to pay 50 dollars for a license and ah.. make a filing every three months. And, incidentally, I asked for five percent of the net to go to the State. And, our ah.. friends on the other side of the aisle ah.. by Amendment, made it 30 per- cent of the gross."

"The other question is, does this permit a GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  74 State Lottery, this Bill?"

"No. This has nothing to do with a lottery at all. This is raffles and chances only. Lottery comes un- der a different category altogether."

"Thank you."

"The gentleman from ah.. ah.. Cook, Mr. Palmer."

"Ah.. if the Sponsor will yield for a ques- tion?"

"Yes, he indicates he will."

"Ah.. the ah.. Bill uses the word 'chances'. I wonder if that could be interpreted to include ah.. poker and ah.. that game known as dice?"

"No, absolutely not. And, you know better than to ask a question like that."

"No.. No I.. No, I don't."

"A chance for a prize for a price. Now, that's the interpretation of the Supreme Court in several States. Now ah.., where.. where's the chance in a poker game? You're not buying a ticket. You're not ah.. ah.. You're maybe taking a chance, but you're not buying a ticket on a chance for a prize."

"Well, the question that I have is whether the word chance has been defined other.. in another place in the statute."

"I don't know about the statute, but I do know that the Supreme Court has held in several States, four or GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  five of them, and interpreted the word as meaning a chance for a prize for a price."

"The gentleman from Winnebago, Mr. Simms."

"I move the previous question, Mr. Speaker."

"Alright ah.. All those in favor of the previous question say 'aye', opposed 'no', the 'ayes' have it and the previous question has been moved. The gentleman from ah.. Cook, Mr. Fary, to close."

"I shall be very brief, Mr. Speaker. All I want to add is that this has been going on, is going on and will go on forever as long as there's needed money. Let's li- cense this so we can watch it. Now, they say that it is possible that tickets will be printed in the basement and sold that are not official in every respect. And, so I can only answer that by saying this. Has the counterfeiting of U.S. currency been stopped and prevented by Law? You know it hasn't. It still goes on. Ah.. originally, my Bill provided for five percent of the net to go to the State. And, our friends on the opposite side of the aisle saw fit to increase it to 30 percent of the gross. I don't like this particularly, but, Uncle Paul Powell use to say about ah.. eating at a banquet and then.settling for a sandwich. Well, I'm getting the doggie bag. That's alright. When it goes over to the Senate, we'll see what they do with this Bill. And ah.., if it works out alright and if it doesn't, I could always say that my good Republican friends scuttled it by making it very unreasonable, greedy and selfish in the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  amount being asked for the State, namely 30 percent, which is way out of line, because the race tracks... the race tracks are only paying five and a quarter percent. I got some facts and figures from the Illinois Legislative Council, from five.. up to five million dollars is five percent, from five to ten million is six percent and seven percent, and so on. So, believe me, we're fair in even charging the Bingo players ten percent when the tracks are only paying five and six percent. However, Mr. Speaker, I want to stand on what little morals I have here and eat my doggie bag while some of you fellas can watch. And, I'll ask for a favorable Roll Call."

"Any.. Alright.. The question is, 'shall these two Bills pass?'. All those in favor will vote 'aye' and the opposed 'no' and the Clerk will take two Roll Calls. Have all voted who wished? The gentleman from ah.. Cook, Mr. Fary."

"Because of the absence of some of our fine Legislators, I'm going to ask that this put on a postponed consideration."

"Does the gentleman have leave? Alright.. Place those on postponed consideration. With leave of the House, we'll go to House Bills ah.. Second Reading. The House Bill 4298."

"House Bill 4298, a Bill for an Act in rela- tion to the payment of grants to enable the elderly to acquire or retain private housing. Second Reading of the Bill." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  77.

"The gentleman from ah.. Oh.."

"One... One Committee Amendment. Amend House Bill 4298 on page 4, line 3, by striking '8%' and in- serting in lieu thereof '7%'; andsoforth."

"The gentleman from Cook, Mr. Hyde."

"Ah.. Mr. Speaker, this is Committee Amendment No. 1 that was agreed to in the ah.. ah.. Revenue Committee. And, it ah.. lowers the ah.. ah.. percentage from 8 percent ah.. to ah.. 7 percent. And ah.., it ah.. lowers ah.. really from the original 15,000 dollar maximum ah.. when someone could get a grant ah.. elderly over 65 could get a grant, ah.. lowers it down to ah.. really effectively 10,000 dollars. So, I move the adoption of Amendment No. 1... Committee Amendment No. 1, to House Bill 4298."

"The gentleman from ah.. Cook, Mr. Ber- man."

"Will the Sponsor yield?"

"Yes."

"Ah.. Henry, what was the ah.. impact of the original Bill ah.. cost-wise to the State and what's your estimate in your ah.. Amendment No... that you're pro- posing?"

"Originally, the cost was estimated at 16,000, 000. Ah.. under this Amendment, it will be between 18 and 19,000,000."

"And then, do I understand correctly? In other words, if they're..if you're over 65 and ah.. under GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  the Amendment, if the amount of money that spend for per- sonal property tax and real estate tax is over 7 percent of your income, the State pays that excess. Is.. is that the..."

"Well, no. The State will make.. will make a grant on.. on a scale, a sliding scale back to ah.. the ah. elderly person. Ah.. if you ah.. have an income of over 10,000 dollars, your grant would be zero. If.. If the max- imum is 300 dollars ah.. and the minimum ah.., like I say, is zero when you get ah.. above 10,000 dollars."

"Well, if I make 10,000 dollars a year, I'm over 65, ah.. and I pay, let's say, 800 dollars in ah.. in taxes, personal property and real estate taxes, that's a hund... well, it's over the 7 percent, how much does the State give me back? Nothing?.."

"I.. I'm sorry. Would you repeat it, please? If you make what?"

"If I make... If I make 10,000 dollars a year income, I'm over 65, and my personal property and real estate tax bills amount to 800 dollars, do I get anything back from the State under this Amendment?"

"Yeah.. It only applies to real estate, not personal property tax and you'd get back about 20 dollars."

"I see. Alright.. Thank you. Well, may I ah.. just ah.. make one comment. I think that it would be helpful. You know, we have a number of circuit breaker Bills and those of who are not in ah.. the Appropriation or Revenues Committees that these things are going through, I GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  79. know that we're interested in it. And, it might be helpful to all of us to understand if the Sponsors of these circuit breaker Bills might be able to pass out some illustrative material before the Bills are called to Third Reading."

"I agree. ee. And, when this is on Third Reading, I'll ah.. put together a ah.. an explanation with a ah.. copy of this that I have breaking down the grant ah.. ah.. depending upon income."

"Thank you."

"The gentleman... Any further discussion? Alright.. The question... The gentleman from Cook, Mr. Juckett."

"Well, Mr. Speaker and Ladies and Gentle- men of the Assembly, I think the Majority Leader is trying to do a noble act in trying to get a.. an Amendment down where it can be provided within the State Funds. But, I think, again we' re overlooking the fact that we are being very discriminatory. We're discriminating against those people who have saved their money during their lifetimes by reducing from 15,000 down to 10,000. We're knocking out a vast population area which could qualify under this Bill. I think the mere fact that it has any kind of a limitation is bad, because we're saying to the people, 'Don't save your money. Don't be thrifty. Don't be a producer. And, we, in the State are going to take care of you'. What are we trying to do? Are we trying to make everybody dependent on the State and everybody dependent on Government? And, I GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  think the effect of the Majority Leader's Amendment is going to do that. I think that the Bill shouldn't have any limi- tation on it. But, if it does, let's not reduce it so that we have the people that have paid all their lifetime for the support of everybody else, are still going to pay during their retirement age, and when they are no longer a producer, they're going to keep on paying and paying and paying. And so, Ladies and Gentlemen, I think that the Amendment is bad. I don't think it should reduce the limitations on it. And, if anything, I would implore the Majority Leader to remove the limitation altogether so that all people can be treated equally, if they are over the age of 65. And, I urge the defeat of the Amendment."

"The gentleman from Cook, Mr. Hyde."

"Well, I ah.. always find the ah.. distinguished gentleman's arguments persuasive. But, unfortunately, I do respectfully disagree with him. We're not ah.. seeking to ah.. benefit ah.. ah.. everybody that is over 65. If a per- son over 65 has income of 15,000 dollars or 12,000 dollars or a 11,000 dollars, it is our feeling that they are not in the dire straits that a ah.. ah.. an elderly couple or an elderly person who makes under that. There has to be a line drawn somewhere. Ah.. this is not a reward for reaching the age of 65. But, this is a grant to people who find themselves caught in the bind of ah.. a fixed income with ever-increasing and spiralling inflation. And, this is a effort to help the most needy ah.. who have the least pro- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  spect of increasing their income. I will agree that the figure 10,000 is arbitrary, but ah.., it is certainly much more fair and reaches that class of people ah.. that are most in need of it and is economically easier to manage since ah.., if it were raised higher than that, ah.. it would cost additional millions. So, I submit that this Amendment is a realistic Amendment designed to aid those most in need of it. And, I would urge your support for Committee Amendment No. 1."

"Alright.. The question is on the adop- tion of... More discussion on Amendment No. 1? The gentle- man from ah.. Cook or Lake, Mr. Matijevich."

"Mr. Speaker, ah.. I know that that wasn't a closing, but I wanted to commend Henry Hyde in this Amend- ment. Ah.. Representative Juckett's arguments would have been valid if this were a limitation on.. on assets. But, really, this is a limitation on income. And ah.., having been a Sponsor of one of these Bills ah.. introduced last year and the intent of it being to help those who are needy, I commend the Majority Leader in this Amendment and I would urge you to vote for it."

"The gentleman from Cook, Mr. B. B. Wolfe."

"Mr. Speaker, did I ah.. hear you say that that was a closing? I thought that he was answering Mr. Juckett's question."

"Oh.. Ah.. Henry...."

"I'd like it to be..." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Robert S. Juckett: "Henry, did you ah... Would it include a woman on social security at age 62? Your ah.. Bill?"

"No. No, it would not. At 65.."

"Thank you."

"Alright.. The gentleman from Cook, Mr. Miller, Peter Miller."

"Well, I just want to tell, Mr. Speaker, Henry Hyde that this will not be a conflict of interest on my part. I'll be affected by this two years from now and I hope that you'll all vote for him. I'm happy to vote to support this Amendment."

"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?"

"Amendment No. 2, Hall, amend House Bill 4298 on page 6, by inserting between lines 34 and 35 the following: ' (d)'...."

"Wait a minute. Where is he? The gentleman from McLean, Mr. Hall, on his Amendment No. 2."

"I'd like to have Amendment No. 2 tabled, please."

"Alright.. The gentleman asked leave to have Amendment No. 2 tabled. Is there objection? Alright. leave has been granted and Amendment No. 2... The gentleman has offered to move the adoption of Amendment No. 2 and then moves to table it and leave has been given to table it. Further Amendments?" GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Fredric B. Selcke: "Amendment No. 3, Hall, amend House Bill 4298 on...."

"The gentleman from McLean, Mr. Hall."

"Request ah.. this be tabled."

"The gentleman offers to move the adop- tion of Amendment No. 3 and then moves to table. Is there leave? Alright ah.. There is leave. Are there further Amendments?"

"Amendment No. 4, Hyde,...."

"The gentleman from Cook, Mr. Hyde."

"Well, Mr. Speaker, this Amendment was sug- gested by Representative Alsup who thought it work a ah.. an.. unfairness, inequity with regard to farm property, ah.. if the entire farm were taken into consideration other than just that portion constituting the dwelling. And so, this Amendment says, 'If the assessor has established a specific legal description for a portion of property consituting the residence, than that portion of property shall be deemed residence for the purposes of this Act'. And, I think that it's a very fair and acceptable Amendment. And, I would move its adoption."

"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?"

"Amendment No. 5, Maragos, amend House Bill 4298 on page 3, by deleting lines 29 and 30, andsoforth."

"The gentleman from Cook, Mr. Maragos." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES

84 Samuel C. Maragos: "Mr. Speaker and Members of the House, this Amendment merely changes one line and one item in this Bill of Representative Hyde's and it says that, 'before any re- lief can be given, under this Bill, that the taxpayer has to produce a paid property tax bill'. The problem that ah. concerns me and I brought it up in Committee at the time, before the Revenue Committee, is the fact that we may be giving people relief before they are entitled to it in the fact that they may not have paid their real estate tax bill. And, then, we find out that we give them the money from the State and they will still not pay the property taxes to their local County. The question is.. The fact that this may be a question brought up later on. Is there a lien on the property and all other questions? I still think may.. think it would be more efficiently run, if they bring a paid tax bill to get to be entitled to this relief. And, I ask for your support of this Amendment."

"The gentleman from Cook, Mr. Hyde."

"Mr. Speaker and Ladies and Gentlemen of the House, I would resist the adoption of this Amendment for at least two reasons. First of all, Mr. Maragos is ah.. re- quiring the elderly person, the senior citizen, to produce a paid tax bill before he gets this grant. That would de- lay ah.. for many months ah.. the ah.. realization of the ah.. grant. But, most importantly, ah.. this grant ah.. might help an elderly person who is in a financial bind. We're talking about those people in the ah.. way that we have GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  this scale worked out. Ah.. it might help him pay his taxes. Ah.. this again, is not a reward for having paid your taxes but is an assist to ah.. ah.. people, senior citizens, who are in financial straits because of fixed income and low income and the escalating cost of living. Now, to require them to present a paid tax bill ah.. ah.. might be self- defeating because this grant might assist them in paying their taxes, which, after all, is a fixed obligation. So ah.. ah.. ah.. I would ah.. submit that, if they don't pay their taxes, there are plenty of remedies for the County to avail themselves of: foreclosure, tax sale and what have you. Ah.. I would not want to confuse the two. I think you're deluding the aid that this Bill is designed to give to elder- ly people who are living fixed, low incomes by requiring them to produce a paid tax bill. This grant might go for food. It might go for clothing. It also might go to pay the taxes, which we all know, are much too high. So, I would urge defeat of this well-intentioned but respectfully an ill-advised Amendment."

"Further discussion? The gentleman from Cook, Mr. Lechowicz."

"Thank you, Mr. Speaker. Will the Sponsor of the Bill respond to a question based upon the Amendment that is being offered?"

"Yes."

"Henry, what ah.. safeguards does.. does the State have if the money is granted to the individual, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  and in turn, they don't pay their taxes, what type of re- covery do we have?"

"Well, we have no recovery either. The money. The money goes to the ah.. people ah.. for whatever purpose. It's not being earmarked to pay their taxes. However, if they do not pay their taxes, ah.. and again, we're talking about people who own their own home rather than renters, although, renters are included here and we assume when they pay their rent, that the taxes are being paid by the land- lord. Ah.. that's another confusing thing. He'd have to get a copy of the landlord's paid tax bill, I suppose, ah.. ah.. ah.. or come in with a stack of rent receipts. But, ah.. the ah.. the recovery that the County has for non- payment of taxes would remain unimpaired and ah.. I don't think the two ought to be confused. Ah.. the taxes, the amount of taxes due is the basis for ah.. computing the grant ah.. ah.. as well as the income that the people have. But, the payment or non-payment of taxes seems to me ought not be involved here. Ah.. if they don't pay their taxes, then, we can assume they used the money for food ah.. or clothing or if we ever pass a Lottery Bill, they bought lot- tery tickets with it. I don't know. But, it's designed to assist people who are in dire financial straits who are over 65. And, the amount of taxes they pay or the amount of taxes they owe plus the amount of their income are the two factors in determining the amount of the grant and the en- titlement to the grant." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  Thaddeus S. Lechowicz: 87 "I have another question of the Sponsor of the Amendment. I know that in Cook County, you have the opportunity of paying your tax bill in two payments. I don't know what the situation is in the remaining Counties in the State of Illinois, whether they have a two-payment plan or maybe one or more. But, maybe ah.. what we should do is have the first portion of the tax bill being paid and then require that receipt and then the money would be... or last year's receipt as Representative Hart mentioned. I think that ah.., when the State is in a position of not being able to recover money that's extended for whatever purpose, I think that it's an exceptionally good Bill, a Bill that ah.. we have ah.. additional circuit breakers. But, what I think that should do is also ah.. look at our responsibility and accountability on this measure, maybe the previous year's tax bill or receipt would be the answer."

"The gentleman ah.. Any further dis- cussion? The gentleman from ah.. Cook, Mr. Maragos, to close."

"Mr. Speaker and Members of the House, we are saying that these Bills and this package.. and this Bill which Representative Hyde is introducing which I'm in favor of, even though I do not think it covers all the areas it should. But, I will vote for it. It says that we would give relief, based on the fact that a person is becoming liable for his in... for his real estate taxes which are becoming prohibited. And, it's usually in the class of GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  88. people who are over 65 whose income is limited. However, by the way... the way this Bill is now written, it discrimin- ates against the man who rents because the rent-payer, the man who pays rent has to produce his rent receipt before he can get relief under this Bill. But, a man or a woman who is.. owns their home does not have to produce his paid re... his paid tax bill. The fact that he may use it for other purposes is not the reason why we're giving this circuit breaking relief. We stated it because he is so blind and so heavily taxed today in the area of real property taxes. Let's give him some relief, not to go buy himself clothing or go out and have a good time. And, the only way that we can be uniform and fair to all people who are going to be receiving this.. these tax.. this tax relief is to save those who ah.. pay rent and have to show their rent receipts. We have to say also to those who have paid their tax bills should have them paid and not be having the County or the State come after them later on ah.. to get that money back. I think that it's a fair Amendment and ah.., I think, it'll ah.. it will save both the State and County much.. many headaches later on in collecting and trying to administer this Act. And so, I ask for your support of this Amendment which is going to make it a very uniform and very easy Law to administer if this is put on the books."

"Alright.. The ques... The question is on the adoption of the gentleman's Amendment ah.. All those in favor say 'aye', opposed 'no'. Alright.. The gentleman GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  89. has asked for a Roll Call. All those in favor of the.. of the Amendment will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. On this question, there are 73 'No's' and 51 'Ayes', and this Amendment is lost. Are there further Amendments? The gentle- man from Cook, Mr. Hyde."

"Ah.. Mr. Speaker, as you advance this to Third Reading, I would like to be recognized for an announcement. Ah.."

"Alright.. Go ahead."

"Ah.."

"Third Reading."

"Ah.. Thank you. Ah.. we're advised that a lot of Bills are over in the Senate without Senate Sponsors and ah.. they have a rule over there that if a Bill remains over there three days without a Sponsor, it gets automatically tabled. So, I would urge ah.. you gentlemen and Ladies that are passing ah.. Bills out of the House to make sure that you have a Senate Sponsor and make sure he knows about it so that your Bill does not get ah.. tabled ah.. by that route. Thank you."

"Ah.. back to Third Reading. House Bill 4558."

"House Bill 4558, a Bill for an Act to amend the 'Civil Administrative Code'. Third Reading of the Bill."

"The gentleman from Cook, Mr. Shea." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  90.

"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4558 amends ah.. part of the 'Civil Ad- ministrative Code' that deals with grants to mass transporta- tion. It adds in Section 10c, 'The value of any mass trans- portation facilities or equipment transferred by a private carrier'. And, it adds, 'Municipality or County to a Muni- cipality or District'. This basically would allow a unit of Local Government either a municipality or county to transfer to a mass transportation district any facility that it had and allow that facility or that district then to use that transfer for a sought match to acquire State and Federal funds. Now, there's been some talk about this Bill. These are all discretionary and the Secretary or the Secretary of the Department of Transportation has the sole discretion of whether these grants shall be made or not. And, I read from Section II, 'Grants shall be made upon such terms and condi- tions as in the judgement of the Secretary that are necessary to ensure the proper and effective utilization'. So, this is permissive legislation and I would ask for support of the House."

"The gentleman from ah.. Cook, Mr. Hyde "

"Mr. Speaker, Ladies and Gentlemen of the House, I want to vigorously oppose the passage of House Bill 4558. And, I'd like to point out that presently matching credit is received only when the transfer is from a private carrier to a public agency. If this Bill passes, this would permit matching credits from public to public transfers. And, this GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  91. means that the affected public agencies would effectively avoid any obligation to provide matching funds for State and Federal capital grants. The result of this.. the fin- ancial condition of the private carrier is improved through the elimination of taxes on the equipment or facilities and through.. and through the removal of depreciation expenses. This results in fair stabilization. And, that's why the present Law permitting transfer of private to public trans- fers is beneficial. Also, under the present Law, which this would change, the incentive to transfer assets from private to public ownership would facilitate the eventual creation of regional transportation agencies. In addition, operating economies are possible through standardization and pooling of commuter rolling stock. But, if this Bill becomes Law, no such benefits are possible when one public entity trans- fers tax exempt public property to another public entity. The major purpose of this Bill, Ladies and Gentlemen, is to permit Chicago to transfer the subway and rapid transit facilities it owns to the C.T.A. This would give the City hundreds of millions of dollars in matching credits and would effectively remove any requirement for providing matching funds for capital grants for many years. It would also give Chicago double matching credit for these invest- ments. They are presently eligible to receive matching credits for a substantial portion of their rapid transit investments. I submit to you that this ah.. ah.. passage of this Bill would be very destructive to the mass trans- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  portation program ah.. that we passed in the last Session and ah.. would ah.. give a tremendously unfair advantage to the City of Chicago. And, I urge its defeat."

"The gentleman from Cook, Mr. Granata."

"Yield to a question, Sponsor? Gerry, As I understand, this Bill simply allows the transit authority to use the equipment and facilities, which may be donated by the City of Chicago, as a credit of obtaining matching funds from the Federal Government. As it stands now, only private facilities ah.. ah.. donations are applicable for credit as matching funds. Is that correct?"

"Yes, it is."

"Then, it's only permissive legislation."

"Absolutely permissive."

"I see nothing wrong with it, though."

"The gentleman from Cook, Mr. J. J. Wolf."

"Well, Mr. Speaker and Members of the House, as many of you know, I did vote for this Bill in Committee. And, while I'm not in complete accord with the distinguished Majority Leader's ah.. questions because I do represent a District in the City of Chicago, and, while I do admit that the help given to the C.T.A. would be at the expense of my Downstate-Suburban Colleagues. However, I've a couple of things, after restudying the Bill, that I have some very serious questions about. Now, that is with the transfer ah.. as I understand it, the City of Chicago has ah.. purchased GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  93. or ah.. various facilities along the Dan Ryan and the Ken- nedy Express Way and these could be transferred over to the C.T.A. ah.. with a sought match fund. The question is, of course, on the outstanding bonds. As I recall, if I'm correct, the City of Chicago had a bond issue, a transporta- tion bond issue some time back, and use this money to pur- chase these fa.. these facilities. Now, I don't know if the C.T.A. is going to be obligated to take over the out- standing indebtedness on these bonds or not. And then, there's another question which, I think, may be ah.. ah.. problem in the Bill and that is, I don't see anything in here to ah.. prevent a continual retransfer of something that was once tranferred. In other words, it could go from a ah.. ah.. public to another public and back and forth and I'm too sure that that is prohibited by this Bill. And, at this time, I'm going to vote against the Bill and I think it should be held for awhile."

"The gentleman from ah.. Henderson, Mr. Neff."

"May I ah.. ask the Sponsor a question, please ah.. Mr. Speaker?"

"Yes. He indicates he'll answer."

"Ah.. Gerry, can you give me any idea of what dollar amount would be involved in this ah.. on House Bill 44... 4558?"

"Well, Mr. Neff, what is the dollar amount in- volved, it would be whatever the Secretary of the Department GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  of Transportation would allow. If the Secretary said that, let's assume for a minute that the C.T. or the City of Chi- cago would transfer something to the City or the C.T.A. or ah.. the City of Joliet would transfer to that local district that they have out there, a station worth a million dollars, they, then could use that to get two million dollars of State money. And, in turn, get four million dollars in Federal Funds in sought matched money, you could end up with a seven million dollar project. But, it's all what the Secretary of Transportation will allow. This is just permissive legis- lation. There's nothing mandatory in it. If the Secretary of the Transportation Department, say you had a transfer of thirty million dollar facility, and the Secretary said, 'All we'll allow you is two million dollars for sought matched purposes', that would be all they'd allow you."

"Ah.. Mr. Speaker..."

"Yes."

"Ah.. I'd like to ask ah.. Gerry another question. Ah.. Gerry, as I read this Bill and in view of the manner in which State and Federal Mass Transit grants are funded, isn't this, in effect, that this Bill could force Downstate farmers and other people to ah.. and other taxpayers in the State to pay over and over for Chicago pro- jects?"

"No, I don't.. I don't think that's true. I think that people are looking at this like it's limited only to Chicago. Certainly it will help the C.T.A. There's no 94. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  doubt about it. But, it will help every other municipality and county in this State. And again, I go back to the fact, Mr. Neff, that it's permissive legislation, that every municipality is covered, every county is covered. If your County wants to transfer, I don't know if Galesburg has a public transportation system or not, but, assume for a min- ute they have one and your County wanted to try... ah.. transfer a parking facility to your transportation district they then, could use that for sought matched with the State if the Secretary of the Department of Transportation would allow it."

"The gentleman from Henderson, Mr. Neff "

"Ah.. Mr. Speaker, may I speak on the Bill?

"Proceed."

"It appears to me that the major intent of House Bill 4558 is to permit the City of Chicago to transfer the subway and rapid transit facilities it owns to the C.T.A. This would give the City hundreds of millions of dollars in matching credits and would give the... and, in effect, would remove any requirements for providing matching funds for a capital grant for many years. It would give the City ah.. ah.., as Mr. Hyde said, double matching credits for these investments. I think that this is real bad legislation for the State of Illinois. And, I hope that we'll defeat it."

"Further.. The gentleman from Cook, Mr. Simmons."

"Ah.. didn't the Amendment remove the word GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  'private' from the present Law?"

"No. There was an Amendment that put it back in, as I under... as I understand. it."

"Amendment No. 1 says strike the word 'pri- vate' and insert in lieu thereof the word 'private' with a line drawn through it. So, ah.. if we pass this Bill as a- mended, no longer could ah.. communities Downstate where they may still have a private ah.. transportation company ah.. transfer to a public and get any funds."

"No, Mr. Simmons. We talked to the Department about that and my understanding is that by striking the word 'private', it would allow any carrier to transfer ah.. to transfer to any carrier whether it be a private carrier or a ah.. publicly owned carrier. And so, the definition is broadened there. It's not restrictive and certainly there is no intent to take ah.. or in way change this with re- gards to the private carriers. And, the Department, from what I understand, ah.. just by having the word 'by a carrier' does include private carriers."

"Well, the way the Law was, it said, 'pri- vate carriers'. And then, you included.. You took the word 'private' out and included new language, 'municipal' or 'county'."

"The.. The new lang.. The new.. The language would then read, 'The value of any mass transportation fa- cilities or equipment transferred by a carrier, municipality or county to a municipality or a district'. In other words GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  there are some carriers that are not private companies, but they're municipal carriers."

"Ah.. does the Bill ah.. de.. define the word 'district'?"

"Ah.. in Section I, (b), the word 'carrier' is defined. It means, 'any corporation, authority, partner- ship, association, person or district authorized to provide mass transportation within the State'. That's I (b). I (e), 'district' means all of the following: (1) Any district created pursuant to the 'Local Mass Transit District Act', (2) The Authority created pursuant to the 'Metropolitan Transit Act', (3) Any authority, commission or other entity which by virtue of an interstate compact approved by Congress is authorized to provide mass transportation."

"Would the passage of this Bill permit the transfer of the skyway?"

"I was asked that question by Mr. Meyer in Committee. Absolutely not. And, if anybody thinks that there's any intention, I would be happy to accept any kind of an Amendment that would prohibit that because it can not be done."

"Well,.... Well, I was just worried about that Number 3 in the description of.. on page 4, item 3. Does any authority, commission or...."

"I'm... I'm sorry, Mr. Simmons. Where?"

"On the... On page 2 of the Bill under item number 3..." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Gerald W. Shea: "Yes.."

"I just wondered if that one included the skyway."

"Well I.. I don't know where anybody would think that the.. the skyway is included in here. But, I would be very happy to put an Amendment in any place anybody wants to prohibit that. There are now outstanding bonds on the skyway and it's like other places where there are out- standing bonds. I don't see how you could transfer any facility with an outstanding indebtedness on it."

"Is there any further discussion? Would the gentleman care to close?"

"Mr. Speaker, Ladies and Gentlemen of the House, this is good progressive legislation. It allows every muni- cipality and county in this State to participate in the mass transportation program. It's.permissive. It's all within the discretion of the Secretary of Transportation. There is nothing mandatory about this legislation at all. It is very. permissive. And, I'd appreciate a favorable Roll Call."

"Alright.. The question is, 'shall House Bill 4558 pass?'. All those in favor will vote 'aye', and the opposed 'no'. The gentleman from ah.. Lake, Mr. Pierce

"Mr. Speaker, I live outside of Cook County and Lake County in the Suburban Area. But, I realize and so do my constituents that the economic health of the Chi- cago Metropolitan Area depends on the economic health of the City of Chicago and its transportation system, including GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  99 the Chicago Transit Authority. And, anything that we can do to generate more Federal Funds, Massing Funds for the C.T.A. helps not only Chicago and the nearby Suburbs that the C.T.A. serves such as Forest Park, Oak Park and Evanston and so on, but it helps the entire Metropolitan Area because our sur- vival, we're there because of Chicago, we're suburbanarians because we're suburbs of Chicago, not of Milwaukee, not of ah.. Carbondale, but of Chicago. And, therefore, I think those of us in the Suburban Area, in order to keep our Sub- urbs healthy, should support this' Bill, if it'll help gener- ate Federal Funds for the Chicago Mass Transportation System. And, I vote 'aye'."

"Have all voted who wished? The gentle- man from Cook, Mr. Garmisa."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, I think that we should bear in mind one thing about this Bill. That as far as the funding is concerned, it still comes under the Department of Transportation and it's still discretionary on their part as to whether or not these funds would apply. There's no way that any of these sought bonds could be matched by State monies without the Department of Transportation asking for this funding. And, I think that any Member of this House should go along with this type of legislation. It is good legislation. I would hope for more 'green' lights up there."

"The Clerk will take the record. The gentleman from Cook, Mr. Sevcik. The gentleman from ah.. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  Cook, Mr. Duff." 100.

"Mr. Speaker, ah.. just for the records and if the gentleman from Lake saw fit to mention four of the com- munities in my District, I'd ah.. like to make it clear that, in my opinion, a Bill like this as respects my constituency is contrary to the concepts of good transportation planning in Northeastern Illinois."

"The gentleman ah.. from Cook, Mr. Shea."

"Mr. Speaker, could I please have a Poll of the Absentees?"

"Alright.. The Clerk will poll the ab- sentees."

"Barry.. Blades.. Bluthardt.. Borchers.. Bradley.. Brinkmeier.. Burditt.. Carrigan.. Jimmy Carter.. Phil Collins.. Conolly.. Roscoe Cunningham.. William Cunning- ham.. Dyer.. Flinn.. Gibbs.. Graham. Hamilton.. Hart.. Holloway.. Houde. Jacobs.. Janczak.. Karmazyn.. Keller.. Kennedy.. Klosak.. Lehman.. Lindberg.. Ed Madigan.. McDermott.. McDevitt.. George O'Brien.. Randolph.. Rose.. Shapiro.. Timothy Simms.. Jack Thompson.. Tipsword.. VonBoeckman."

"Wait a minute. The gentleman from Christian, Mr. Tipsword."

"May I please recorded as 'aye'?"

"Record the gentleman as 'aye'. The gentleman from Winnebago, Mr. Simms."

"Please record me as 'no'."

"Genoa Washington.. Williams.. Zlatnik.." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  101.

"The gentleman from ah.. Peoria, Mr. Carrigan."

"Record me as voting 'aye', please."

"Record the gentleman as 'aye'. Mr. ah. The gentleman from ah.. Effingham, Mr. Keller."

"How am I recorded?"

"How's he recorded?"

"The gentleman is recorded as 'not voting'."

"Record him as 'aye'. The gentleman from Cook, Mr. McLendon. How.. How's he recorded?"

"The gentleman is recorded as voting 'aye'."

"The gentleman from ah.. McLean, Mr. Bradley."

"How am I recorded, Mr. Speaker?"

"How's the gentleman recorded?"

"The gentleman is recorded as 'not voting'."

"Please vote me 'aye'."

"Record the gentleman as 'aye'. The gentleman from ah.. Cook, Mr. Palmer."

"How am I recorded?"

"How's the gentleman recorded?"

"The gentleman is recorded as voting 'aye'."

"Make that 'no'."

"Change that to 'no'. The gentleman from ah.. Cook, Mr. Fleck."

"How am I recorded?"

"How's the gentleman recorded?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  102.

"The gentleman is recorded as voting 'aye'."

"Vote me 'no'."

"Change that to 'no'. The gentleman from Madison, Mr. Calvo."

"Mr. Speaker, I would like to be recorded as 'present' on this vote."

"Alright.. Record the gentleman as 'present'. Alright.. Change him from 'aye' to 'present'. On this question, there are 83 'Ayes', 53 'Nays', 1 'Present'. The gentleman from Cook, Mr. Shea."

"With leave of the House, I would like to postpone consideration."

"Alright.. Does the gentleman have leave? We'll place this matter on postponed consideration. Do you want that next Bill?"

"Pardon me."

"Do you want.. Do you want that ah.. 4559 now or do you want to hold it for it bit?" Gerald W. Shea; "We'll hold 4559. I would like 4557."

"4557."

"House Bill 4557, an Act to amend the 'Illinois Highway Code'. Third Reading of the Bill."

"The gentleman from Cook, Mr. Shea."

"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4557 would allow Counties to use their motor fuel tax money to build parking facilities. I know of no objections to this Bill. And, I'd appreciate a favorable GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  Roll Call."

"Alright.. The.. Is there discussion? The question is, 'shall House Bill 4557 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all' voted who wished? McCormick.. 'aye'. The Clerk will take the record. On this question, there are 129 'Ayes', and 7 'Nays', and this Bill having received a Constitutional majority is hereby declared passed. For what purpose does the gentleman from Kane, Mr. Hill, rise?"

"Mr. Speaker and Ladies and Gentlemen of the House, I'd like to introduce thirty-four children from the Sheridan School in Elgin, Illinois and Mr. Cleveland is the ah.. Supervisor of the group. And, they're right out here in the audience."

"House Bill 4177."

"41.. House Bill 4177, a Bill for an Act to amend 'The Vehicle Code'. Third Reading of the Bill."

"The gentleman from Vermilion, Mr. Craig."

"Mr. Speaker and Members of the House, House Bill 4177, it increases the maximum mileage per mileage plate license. In other words, it raises the mileage plate license of the lowest license of 3,000 miles up to a maximum of five and it will be from five to seven for mileage plate licenses. Now, this has been done for the people who use these trucks in a certain time of the year. They're very low mileage trucks and they're not driven. They're more or less season- al trucks, maybe fertilizer trucks, ah.. or that haul fertili- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  104 zer in the seasons to just take out to the farms and spread, or lumber yard trucks ah.. or any type of truck that is driven a low mileage. This permits them 2,000 more miles on the mileage plates than they have now. And, I'd like.. appreciate your support."

"Is there any discussion? The ques- tion is, 'shall House Bill 4177 pass?'. All those in favor signify by voting 'aye', and the opposed by voting 'no'. Have all voted who wished? Take the record. Duff.. 'aye'. On this question, there are 132 'Ayes!, and 1 'Nay', and this Bill having received a Constitutional majority if here- by declared passed. House Bill 4167."

"House Bill 4167, an Act to amend the 'Sani- tary District Act'. Third Reading of the Bill."

"The gentleman from Cook, Representa- tive Regner."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, House Bill 4167 authorizes an election rather than appointment of trustees in any district which the voters have adopted the proposition at referendum. And, I would urge a favorable vote on this Bill."

"Is there any discussion? The ques- tion is, 'shall House Bill 4167 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 143 'Ayes', no 'Nays', and this Bill having received a Constitutional majority is hereby declared passed. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  105. House Bill 3766. Representative Hudson 'aye' in the last Roll Call."

"House Bill 3766, an Act to amend the 'Illi- nois Educational Facilities Authority Act'. Third Reading of the Bill."

"The gentleman from Cook, Representa- tive Burditt."

"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, this Bill is an Amendment to the 'Illinois Educa- tional Facilities Authority Act'. The Act that creates the authority that can sell bonds and raise money to lend it to private schools. It amends that Act to ah.. provide that ah.. money can be loaned to ah.. ah.. graduate schools which do not have an undergraduate program such as medical schools like Rush which are not affiliated with any undergraduate schools. To the best of my knowledge, there is no opposi- tion to the Bill and I'd appreciate your support."

"Is there any discussion? The ques- tion is, 'shall House Bill 3766 pass?'. All 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 136 'Ayes', no 'Nays', and this Bill having received a Constitutional majority is hereby declared passed. House Bill 3785."

"House Bill 3785, a Bill for an Act to amend Sections of the 'Economic Poison Law'. Third Reading of the Bill." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES

106 Rep. Arthur A. Telcser: "The gentleman from Cook, Representa- tive Burditt."

"Ah.. Mr. Speaker, Ladies and Gentlemen of the Act, this Legislature has passed a 'Hazardous Substances Act', which is now over in the Senate. And, that Act refers to several other Acts such as the 'Food and Drug Act', the 'Economic Poison Law' and several others. This is an Amend- ment to the 'Economic Poison Law' to make it consistent with the Hazardous Substances Act'. And, to the best of my know- ledge, there is no opposition to the Bill. It came out of Committee thirteen to nothing. I'd appreciate your support."

"Is there any discussion? The gentle- man from Christian, Representative Tipsword."

"Would the gentleman yield for a question?"

"He indicates he will."

"Ah.. you say here to make compatible with the Illinois Poison Prevention Packaging Act. Ah.. what does it do exactly?"

"The ah.. Poison Prevention Packaging Act?"

"Ya Huh."

"The Poison Prevention Packaging Act is another Bill, which you know, is already over there. So, this Bill does not directly amend the Poison Prevention Packaging Act. What that Act does is set up standards by which ah.. ah.. packages which may be hazardous, primarily to children, have to be packaged."

"Is this like the caps on the aspirin GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  bottles?" 107.

"Right.. That's exactly the kind of thing we're talking about."

"The reason I was asking. Perhaps, you heard this morning, there's a report out this morning in regard to labelling poisonous substances with the skull and crossed bones as being very attractive to children. And, I was wondering if it covers that sort of thing."

"Well, this particular Act doesn't happen to cover it. This.. That provisión is in another Act, but that's.. you're talking about the same field."

"Yes. Alright.. Thank you very much."

"The gentleman from Cook, Representa- tive Kosinski."

"Will the Sponsor yield to a question?"

"He indicates he will."

"Ah.. George, did you talk to H.E.W. with Al Lindberg or anyone in ref.. reference to this as far as Federal standards."

"Ah.. there is a Federal Hazardous Substances Act which is the basis for the Illinois Hazardous Substances Act. In most ways, it's verbatim the same as that Act."

"I see."

"This Act is.. is very similar to the 'Eco- nomic Poison Law'. It's very similar to the Federal Roden- ticide and Insecticide Act. So, they're.. they're.. They go hand in glove. There's no conflict." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Roman J. Kosinski: "No conflict?"

"No." 108.

"Thank you much."

"The gentleman from Cook, Representa- tive Maragos."

"Will the Sponsor yield to a question?"

"He indicates he will."

"George, can you define what you.. what are included in the 'Economic Poison Law'? What's ah.. child poisons and how do they differ from other poisons?"

"An Economic Poison is defined in the Act on Page 1. There's no change, of course, in there. But, an Economic Poison is defined in the Act as any substance which, I'll leave out extraneous words, prevents, destroys or repells or mitigates insects, rodents, nematodes, fungi, weeds or other forms of plants and animal.. plant or animal life or viruses, except those living on.. living in man or other animals which the Department declares to be a pest. So, it's primarily insecticides, fungicides and rodenticides."

"Is there further discussion? Does the gentleman wish to close the debate. The question is, 'shall House Bill 3785 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 138 'Ayes', no 'Nays', and this Bill having received a Constitutional majority is hereby declared passed. Houlihan... 'aye'. House Bill 1589." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES

109 Jack O'Brien: "House Bill 1589, a Bill for an Act to amend Sections for an Act relating to licensing and regulation of homes for care and nursing of persons. Third Reading of the Bill."

"The gentleman from Cook, Representa- tive Douglas."

"Mr. Speaker and Ladies and Gentlemen of the House, House Bill 1589, as amended, would clarify Chapter one hundred eleven and a half, Paragraph 3530 to establish consistency in the regulation of licensing standards between State and Local Agencies. The State Department of Public Health has the ultimate statutory responsibility for the licensure of residential care units and ascertaining whether such facilities maintain their residential care standards. This Bill, supported by the State Department of Public Health, the Illinois Nursing Home Association and the Catholic Hos- pitals' Association, more clearly establishes the balance of responsibility between Local and State Licensing Agencies and clarifies the State's right to question a municipality's inspection system. There is no question of usurpation of home rule powers in this Bill since the present Law clearly establishes the State's ultimate responsibility in the area of residential care licensure and delineates the role of certain municipalities in assisting the State in maintaining minimal standards for licensure. The Bill brings consistency into the present Law since compliance with State standards is required in the early part of Paragraph 3530, but is not GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  110 adequately spelled out later in the same paragraph. Mr. Speaker and Members of the House, this Bill passed the Execu- tive Committee without opposition. I know of no opposition to it and I would appreciate your support in passing it out of the House. Thank you."

"The gentleman from Cook, Representa- tive Juckett."

"Mr. Speaker, will the gentleman yield for a question?"

"He indicates he will."

"If this Bill passes, I take it then that it would not be mandatory for the State to issue a license, even though it were licensed by a municipality. Is that correct?"

"Representative Juckett, that's a question that's very difficult to answer. Ah.. at the present time, the.. the same.. the same statute allows the State to.. to designate to municipalities the right of granting licenses, but it is based on the assumption that licensure will only be granted if the.. as a minimum the standards established by the State Department of Public Health are met. Now, any municipality can, if it so chooses, add onto the licensure requirements that the State has. I.. I can not answer the question under the present statutory circumstances of whether the State would have the option of refusing to grant the license if the municipality so chose. What this does is not simply give the State the right to say no, but it gives GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  it the opportunity of questioning the mechanism of licensure investigation. It gives it an opportunity to work in balance with the municipalities. My impression is that if we were to seek to give the State the ultimate right of.. of over- ruling licensure by any municipality that the entire Act would have to be restructured. And, that is not the intent of this Bill."

"Well, would the State have to grant the license if the municipality granted the license?"

"No. Ah.. ah.. technically, I don't think so."

"Ah.. Okay. Now, if it has granted the license, what are the procedures for the revocation of the license or for revocation for certification of the facility?"

"Well ah.. according to the.. the history of the use of this Act and the ah.. and the balance of re- sponsibility between State and Municipal Authorities, to my knowledge, there has never been a case where in the five municipalities designated as being qualified to grant li- censes that the State has ever done this. I would suspect that this could open the question and possibly give the State authorities that it does not now have to deal with the question that you're raising. But, I'm not in a position to.. to give a legal opinion on what the State might do. I think that this is the kind of thing that would have to be asked of the.. of the Lawyers in the State Health Department."

"Well, I could give you an example which GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  occurred within the last week where the State ah.. decerti- fied a facility which, therefore, made it ineligible to re- ceive the State.. for it to receive any matching funds under medicare or medicaid if the State kept patients in an after- care facility. Now, the State then went in and removed all patients from Mental Health, the Department of Public Aid. It has now caused the Veterans Administration to remove all the patients. And, in effect, this facility now will probably go bankrupt. And, on the same day that the Department of Public Aid was removing its patients, because of the de- certification of the Department of Public Health, the De- partment of Public Health was recertifying the facility with- out knowledge to the other Agencies. It never granted any information whatsoever to the Agen... to the Facility. They did not know that they were being decertified. They did not know the reasons why. They did not have any knowledge what- soever, but our bureaucratic Agencies went about their little task and now one of the facilities on the North Side of Chi- cago no longer has any residence and is only losing about a thousand dollars a day. That's not too bad. Ah.. I under- stand that the Executive Department is now going to be ah.. putting forth a plan to help all of these ah.. Agencies and all of these Facilities. I was just wondering whether this Bill would have anything to say about it. And, if so, how? And, how can we tighten up the procedures so that private enterprise can't be destroyed by the State?"

"Ah.. my impression is that this particular GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  piece of legislation could not deal with the intricacies of the question you've raised. I'm familar with other Nursing Homes and Residential Care Facilities that have suf- fered through the years because of the breakdown in communi- cation between the Departments of Public Health, Public Aid and Mental Health here in the State. In my own District in the Uptown Area of Chicago, we have this happening constant- ly because of the problem that's created by patients being discharged from institutions under the auspices of the De- partment of Mental Health having their bills paid for by the Department of Public Aid and being certified for licensure and relicenseship by the Department of Public Health. I would suggest quite apart from this Bill that this is an is- sue that should be dealt with at an administrative level. And, even if necessary, at a legislative level to get these Departments working closer together. Now, this is compli- cated even more, of course, by the fact that funds are often paid from Federal H.E.W. Funds under either Medicaid or Medi- care. But, I don't think that this Bill, Representative Juckett, is going to help solve that problem."

"The gentleman from Cook, Representa- tive Meyer."

"A question of either the principal Sponsor."

"The gentleman indicates he'll yield."

"Representative Douglas, would this be in conflict with Representative Epton's Bill which passed out of this House two days ago giving the licensing authority to GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  a regional council?"

"No, I don't.. I don't think so."

"Under the supervision of the State of Illinois?"

"No, I don't think so, Representative Meyer. Ah.. ah.. there are, as I recall, a number of distinct dif- ferences and.. and ah.. ah.., for example, ah.. this Bill deals with present statutes which designate to the Director of the Department of Public Health the ulimate licensing power and relicensing power. Epton's ah.. Representative Epton's Bill ah.. deals in another area of governmental concern. As I recall, took away in its amending.. in its amendatory.. in its amended version the ultimate power from the Department of Public Health. I.. I must. Representative Epton is present and cares to specify otherwise, I don't think there's any direct relationship between the two."

"The gentleman from Cook, Representative Berman."

"Would the Sponsor yield to two questions?"

"He indicates he will.".

"Ah.. Bruce, how does this Act ah.. ah.. coincide with 3636 that gives the State ah.. ah.. well, with 3636? I'm not sure what it gives the State."

"This.. This Bill, Art, does not deal with the question of ah..pre-emption or home rule. The present statutory authority is clearly in the hands of the State in ultimately deciding upon licensure. Although, the five munit GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  115 cipalities which have been designated by the State also have licensure powers based on rules and regulations promulgated by the State Department of Public Health. I want to make it abundantly clear that there is in no way here any move in the direction of pre-emption or taking away of home rule responsibility."

"Well, my.. my question is more directed. You're giving the State ah.. the prerogative of not issuing a license when the municipality does issue.. or does issue the license. Now, isn't that an unnecessary Act in view of 3636 that, in my understanding, gave the State exclusive licensing or ah.. certainly exclusive determination by it- self as to whether it would issue a license? Aren't we doing... Haven't we already done this by the passage of 3636?"

"Actually ah.., Representative Berman, this.. this Bill does not do anything more than is presently the situation. Earlier in the same paragraph which is ah.. being corrected here, is the statement in reference to compliance by Nursing Homes or Residential Care Units that such com- pliance shall be determined by the Department of Public Health subject to review as provided in it and it refers to an earlier Section. At the present time, under any circum- stances, the State Department of Public Health has the ulti- mate determining power about licensure. There is no way that that can be pre-empted by a municipality. And, what this Bill does is it adds a few words later on in the same para- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  graph that simply collaborates that fact. Now, I.. I don't know that I can answer with any definitiveness the question of whether the Bill would grant to the State Department of Public Health the right to say no if a municipality should decide that a Nursing Home should be licensed. Although, it's my impression and it's the impression of others that this is already the case. The.. I might say that the speci- fic relationship of this would be to those communities where there might not be the kind of investigative arm that's needed ah.. to determine whether the Local Nursing Homes or Residential Care Facilities are eligible for licensure. And, there, the State might have the right of saying yes or no. I don't think that this does anything more than is presently the case. Ah.. I don't know of any instance to be quite specific where the State has ever said, for example, to the City of Chicago Department of Public Health, which also has licensing powers that it would.. it would or has overruled the City in any decisions its made. But, it would grant a balance of responsibility which, I think, would be healthy and important in light of the statutes as they presently stand."

"Alright.. Just one more question. Ah.. Bruce, we had ah.. a public meeting in ah..concerning a fa- cility in your District. The people complained that they were being shifted around from one Agency to another Agency from the City Government to the State Government. Isn't this kind of Bill just going to aggravate that situation by GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  giving the State ah.. the power of denying a license after the City already has issued one?"

"Actually, in.. in the reference to this specific situation you have in mind, the ah.. the residential care units to which you're referring has in its efforts to develop standards which would be acceptable both locally and to the State have gone completely ah.. along the guidelines that have been established by the State. And, I don't think this would make things any more complicated. As a matter of fact, it more clearly delineates the role of the State in working with the municipality. And, of course, I think it's awfully important to the Members of this Legislature that we recognize that there are situations in many other parts of the State that would much more clearly benefit from this balance of responsibility that this Bill would.. would bring about."

"The gentleman.. The gentleman from Cook, Representative Mike Madigan."

"Will the Sponsor yield to a question?"

"He indicates he will."

"Bruce, you state that the current state of the Law is that the licensure in this field is vested in the State of Illinois. What is the basis for that state- ment? Are you referring to the statutory language prior to the convening of this particular Session or are you re- ferring to certain statutory language enacted by this particu- lar Session of the Legislature?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  118.

"No, in Chapter one eleven and a half ah.. which is the Public Health Section of the State Statutes in Paragraph 3530, licensure of any residential care facility in the State of Illinois is ah.. clearly established as the responsibility of the State Department of Public Health and like you as a Constitutional Lawyer. If you know otherwise of ah.. of anything that's been done in this Session that changes that, I'm not aware of it nor is the Legislative Council."

"Well, when was that statute enacted?"

"Through July 1lth, 1957. That's the only date that I see in that.. in that Paragraph."

"Mr... Mr. Speaker, could I speak to the Bill?"

"Proceed, Sir."

"Mr. Speaker, I submit that, if it is true that the language which Representative Douglas is relying upon to state that the current status of licensure in this field is vested in the State of Illinois, was passed prior to this Session, then, in fact, this Bill is a pre-emption Bill. He states that if the language vested power in the State of Illinois, then, the Bill obviously purports to take it away from the.. the.. to prevent a municipality from enter- ing into the field. So, it should be clearly understood that this is a pre-emption Bill."

"The gentleman from Cook, Representa- tive Schlickman." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Eugene F. Schlickman: "Mr. Speaker and Ladies and Gentlemen of the House, I appreciate that this Bill is a great moment and I also understand that Representative Douglas has sup- port of some Catholics for it. But, it seems to me that we've had extended debate and I would move the previous question."

"The gentleman has moved the previous question. All those in favor signify by saying 'aye', opposed 'no', the gentleman's motion prevails. The gentle- man from Cook, Representative Douglas, to close the debate."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, I think that there has been adequate discussion on this Bill. And, I would ask for your support in its passage. Thank you."

"The question is, 'shall House Bill 1589 pass?'. All those in favor signify by voting 'aye', and the opposed by voting 'no'. The gentleman from Cook, Representative J. J. Wolf, to explain his vote."

"Well, Mr. Speaker, Members of the House, I'm voting for the Bill. I think there's a misunderstanding about it being a pre-emption. Ah.. we're changing under this Bill the word 'shall' is being deleted and we're in- serting 'may'. The way the Law is now that if a municipality issues a license, the Law says the State shall issue. In other words, the State can not refuse to grant a license. They must automatically issue the license. Now, if the City wants to have certain standards, the Bill also goes on, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  which is in the existing Act now, and says that the Depart- ment shall not issue a license.. that is the State, here- under, to any person that has failed to qualify for a muni- cipal license. So, the State can not issue the license if they have failed to qualify for the municipal license ac- cording to their standards. The problem exists, of course, where the City standards may not meet the State's standards. And, therefore, under the way the Law is now, the State has no record but to automatically issue a license to any Nursing Home that qualifies for a' City license. I think it's a good Bill. I don't see anything wrong with it. I don't see where it pre-empts any municipality because the statute clearly says that the State can not issue a license to any- body who has failed to qualify for a municipal license. And, I think that more Members should consider that and vote for the Bill."

"Have all voted who wished? Take the record. On this.. Maragos.. 'aye'. On this question, there are 50 'Ayes', 15 'Nays' and this Bill having failed to re- ceive a Constitutional majority is hereby declared lost. House Bill 3683. Representative Calvo, for what purpose do you rise, Sir?"

"Mr. Speaker and Ladies and Gentlemen of the House, I rise on a point of great personal privilege. I'd like to introduce to this Body the Eighth Grade Graduating Class from St. Margaret Mary's School in Granite City, Illi- nois. They're in the balcony to my left, in the upper bal- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  cony."

"House Bill 3683, a Bill for an Act to amend 'The Election Code'. Third Reading of the Bill."

"The gentleman from Cook, Representa- tive Phil Collins."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, House Bill 3683 is an Amendment to 'The Elec- tion Code'. This merely ah.. adds to the ah.. Section ah. providing for reports from lodging houses and ah.. hotels and furnished apartments. It merely adds the chairman of all public housing authorities ah.. shall make reports to ah.. the election commissioners as required in the Act ah.. for lodging houses at the present time. I would urge your support."

"The gentleman from Cook, Representa- tive Shea."

"Phil, if we add public housing, what would this require the chairman of the public housing authority to do?"

"Ah.. it. Just as the ah.. ah.. lodging houses ah.. the same thing.. They'll file with the board of election commissioners and report, under oath, ah.. the form that's required by the board of election commissioners ah.. of the names and descriptions of all the residents of the public housing."

"That means like in East St. Louis, the chairman of that public housing authority would have to file a list GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  of people. Do you have any idea how big that list might be, in say, St. Louis or Madison, down that way?"

"Ah.. I have no idea. I ah.. I'm not familar with the public housing in East St. Louis."

"What about like here in Sangamon County? How.. How much would have to be filed in Sangamon County?"

"Ah.. I have no idea. As a matter of fact, I can't give you the numbers in Chicago."

"How much would you think would have to be filed ah.. up in Winnebago County in Rockford?"

"I think you're lobbying against the Bill, Representative Shea and not really looking for answers to your questions."

"Well, I'm.. I'm trying to find out how many housing units you believe there are in the City of Chicago."

"Well, I don't... I don't think the number is really pertinent. I ah.. I think the.. the ah.. the ob- ject of the Bill is to make certain that our ah.. registra- tion lists are proper and up-to-date. And ah.. ah.. this is in the ah.. nature of good election ah.. legislation and ah.. I ah.. I really ah.. ah.. I don't see the pertinence of the numbers."

"Well, Phil, I don't know who the Chairman of the Housing Board is in Chicago, but I would imagine that he'd have to file many hundreds of thousands of names under this Bill. Is that correct?"

"Well, I don't know the numbers. But, I GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  know the election commissioners are already accepting these ah.. forms of.., which are prepared by them ah.. from ah.. hotels, lodging houses and furnished apartments. And, I ah. would imagine that there are many more of them than there are ah.. housing authorities, or, I mean, public housing."

"Mr. Speaker, may I speak to the Bill?"

"Proceed, Sir."

"Mr. Speaker, this Bill, the passage of this Bill would.. would require throughout the State of Illinois the Managers of Public Housing to file with the Board of Election Commissioners the names of the people that live in public housing. Now, what is it? All of sudden its become a disgrace to be poor. Do we have to make a special.. a special case of people that live in public housing? This is a bad piece of legislation." Rep. Arthur A. Telcser; "The gentleman from Cook, Representa- tive Lechowicz."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, the present legislation before us, I think, is one of the most discriminatory pieces of legis- lation that I've seen. Just because people, unfortunately, because of economic conditions, require living in public housing. If this Bill would become Law, the Housing Director.. the Housing Director would have to make these lists consis- tently available to the Board of Election Commissioners as far as who's residing where. The Hous... As far as the people who are living in rooming houses, I can understand GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  that requirement because these people are constantly moving And, it is difficult of keeping track of them. Public Hous- ing.. Public Housing, in my opinion, is a different vein. It's, in my opinion, a very poor piece of legislation. And I agree with Representative Shea, it should be defeated."

"The gentle an from Cook, Representa- tive Hyde."

"Mr. Speaker, Ladies and Gentlemen of the House, this is one of the best pieces of legislation to come along. And, I'm really ah.. amazed that ah.. the.. the gentleman on the other side of the aisle ah.. raised the spectre of ah.. discrimination against the poor. The head of a lodging house today has to file his list with the board of election commissioners. Now ah.. ah.., why shouldn't the head of a public housing project have to do the same? As a matter of fact, the information ought to be at his fingertips because these people are occupying tax subsidized housing. He ought to know who's there and when they move out and ah.. when they move in. Now, if you're interested in stopping election fraud, and I have heard my great good friend and mentor, the distinguished Minority Leader demand re-registration through- out the State to get an election fraud. Everybody who can read the English language knows that in the City of Chicago, public housing projects are a fertile field for ghost voting. Now, if you're sincere and if you're honest in getting an election fraud, you ought to require.. you ought to require the list of voters to be supplied from public housing pro- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  jects as you do from private. However, if you're not in- terested, if you're.. if you want more ah.. of the sort of thing that ah.. the distinguished State's Attorney of Cook County, Mr. Hanrahan, ah.. was so upset about to occur in some of the areas where public housing exist, why then, vote against this Bill? It's an excellent piece of legis- lation and deserves your enthusiastic support."

"The gentleman from Cook, Representa- tive Mike Madigan."

"Will the Sponsor yield to a question?"

"He indicates he will."

"Phil, is the intent of this Bill to provide accuracy where there's a high degree of transient residency?"

"Ah.. yes. The ah.. The ah.. ah.. intent of the Act as it's written now is to deal with transients."

"Well then ah.., does this Bill.. You say that the Bill applies to public housing projects which are obviously are large buildings with large transient levels. Would it also apply to the large housing facilities located along the Lakeshore Drive where there's also high level of transiency?"

"If they would ah... If they would be de- fined as public housing, hotels, lodging houses or furnished apartments, yes."

"Well, the private.. private housing fa- cilities located along the Lakeshore Drive, there's a high GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  degree of transiency there also. Why not make the Bill apply to them?"

"Well, I'm not aware of what ah.. transient buildings you're talking about. Ah.. Oh, your building doesn't have a lot of transients."

"The gentleman from Cook, Representa- tive Davis."

"Mr. Speaker and Ladies and Gentlemen of the House, this Bill would disfranchise more people.. dis- franchise more people in the North or in Chicago. Hear me now, and I usually go along with my distinguished friend but maybe he doesn't know that this would disfranchise more people ah.. in Chicago than the grandfather clause did in Mississippi, Georgia, Florida, Alabama, Mississippi, Louisi- ana and Texas. This would disfranchise all of the people in the Robert Taylor Homes. This would disfranchise all of the people in the Harold Ingus Homes. This would ah.., I hear some of them say it's wonderful. I know you don't mean this...."

"Representative Collins, for what purpose do you rise, Sir?".

"It would absolutely disfigure...."

"Ah.. point of order."

"State your point, Sir."

"The charges made that this Bill would disen- franchise individuals and I'd like to know how."

"That's no point of order." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  127.

"Proceed, Representative Davis."

"Twenty-two stories high, twenty-one stories high, eighteen stories high, this sort of thing, will it.. will the same Bill apply to Southshore. Drive? Will it apply to the high-rise on Sheridan Road? This just goes to show some of the things you dream up to deny the poor people their right to vote. It's ridiculous, absolutely ridiculous."

"The gentleman from Whiteside, Repre- sentative Miller."

"Mr. Speaker, I think we've discussed this long enough. I'd like to 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 Collins, is recognized to close the debate.".

"Well, Mr. Speaker, Ladies and Gentlemen of the House, obviously, this Bill would not disenfranchise anybody. And, no statement is made... has been on this floor to prove that it would. Ah.. it obviously does not ah.. discriminate against the poor. The ah.. The ah.. Act already requires reports from ah.. from hotels and people living in hotels may or may not be rich. They may or may not be poor. I think that Representative Lechowicz spoke right to the heart of the Bill and the reason for voting for this Bill. People are moving. People that live in pub- lic housing are transient. And, the purpose of the statute is that we have an accurate count in transient areas of GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  qualified and registered voters. I think that this is an excellent piece of legislation. I can't see ah.. any ah.. argument ah.. against it other than a fear of.. of clean ah.. election ah.. precinct roles. And, I would urge the support of this Bill."

"The question is, 'shall House Bill 3683 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 57 'Ayes', 45 'Nays', and this Bill having failed to receive a Consti- tutional majority is hereby de.. Mann. 'aye'. Is hereby... Proceed, Sir."

"Mr. Speaker and Members of the House, I'm voting 'aye' and I want to tell you why. I'm voting 'aye' out of my own personal experience in the last primary. When I couldn't get into a public housing project to talk to senior citizens who invited me there, right in my own District to speak about matters involving their own interests. But, every other candidate could into those public housing pro- jects. Every other candidate could get his organizational material distributed throughout those public housing projects. And, nobody can tell me that there's not discrimination in those public housing projects against candidates who may not happen to have the endorsement of the Cook County Regular Democratic Organization because I suffered it, gentlemen. I vote 'aye'."

"The gentleman from Cook, Representa- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  tive Douglas, to explain his vote."

"Mr. Speaker and Ladies and Gentlemen of this House, I can not sit back and refuse this opportunity to reiterate with the greatest of enthusiasm and sincerity what Representative Mann just said. I vote 'aye' on this Bill because of similar experiences in my District where I was also prevented from getting into buildings, public hous- ing projects, senior citizen projects because of the local precinct captains, who, through their own zealous desire to keep votes for themselves and for their own little areas and in support of the machine that they themselves felt they were representing, prevented us from having access to those buildings. And, I want to stand on the floor of this Legis- lature and be counted among those who resent the way in which those buildings are used. And, there not only used by any one party. They're used...."

"Alright, now.. Just.. Just.. Let's.. Let's see. The gentleman from ah.. ah.. Cook, Mr. Harold Washington."

"Mr. Speaker, in explaining my vote, my re- marks are not designed to draw any applause or the opposite."

"Wait.. Wait just a moment. Ah.. I didn't realize that the gentleman from Cook, ah.. Mr. Douglas, wasn't through. So, we'll go back over there and let him.. let him get through."

"I'm just finishing explaining my vote, Mr. Speaker." 129 GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  130.

"Alright.. you cert.. you cert..."

"And, you yielded to someone on a point of order..."

"I.. I don't want to shut you off. I.. Now, you proceed."

"It's rare, Mr. Speaker, that someone so much in the minority on this side of the aisle, on this particular issue, has an opportunity to stand up before the people of the State of Illinois and explor.. and explain his vote on this highly pertinent issue. Now, I've made my point as Representative Mann has made his point. We feel and I feel very strongly that this Bill is a valid Bill. It is not discriminatory against the poor or.. or any racial minority. It's a Bill that will open up the voting process which I absolutely demand. As a independent Democrat, I feel that we're entitled to this in future elections. Thank you."

"The gentleman now.. Let's see, I was at Mr. Alright, I'm with the gentleman from ah.. Cook, Mr. Harold Washington."

"Ah.. Mr. Speaker and Members of the House, the Honorable Corneal Davis has just given my speech. The is obviously manifested as discriminatory. And, any sound, clear look at it would demonstrate quite clearly that it's unconstitutional. Now, the problem elicited by the two previous speakers seemed to be in no way related to the thrust of this Bill. I can not deny that someone may have GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  not had ready access to campaigning in any particular area. But, this Bill won't cure it. I can not deny that in some particular areas of this State, DuPage County, Madison County, McHenry County, that campaigners may have had trouble getting into particular housing developments. But, this Bill won't cure it. I suggest to the two previous speakers that if they want a cure for their problem that they resort to the local police for protection. But, this Bill is obviously discriminatory. What is says simply to people in the high- rise apartments, the public housing apartments is that you are. not capable of policing your own voting rights and pro- cedures. And, I defy anybody to prove that. That's been no documentation to dist.. to.. to.. to prove that. It seems to me that every time we have an election there's a tre- mendous canard, conspiratorial, if you please, directed to- ward the people who live in housing projects. And, I resent it. There's been no documentation, only isolated instances and feelings and frustration brought about by the fact that you're unable to sway those people to vote your way."

"The gentleman from ah.. DuPage, Mr. Philip."

"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, if there is any public housing project in McHenry and Dupage County, I have yet to run across them. And, I think that my distinguished Colleague from Cook County, the City of Chicago ought to have a good strong look. Let me remind you, during the ah.. Nixon Kennedy argument here a GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  few years back when one of the precincts in the City of Chicago which ah.. had the expressway going through which tore most of the precinct down when they voted like a hun- dred and seventeen votes for Kennedy and three for Nixon, when there were about only twenty registered voters there. This continually happens in the City of Chicago. It happens in the low income area. We know it. We see it in the paper. It continually goes to the Court. And, then they pull some- thing out of the hat like this. They take a Downstate Madison or St. Clair County Judge and bring him up to be fair and what does he say? Just insufficient evidence. And, we see it continually. And, I think that this Bill is a step.. a good step in the right direction."

"The ah.. gentleman from ah.. Cook, Mr. Thompson."

"Mr. Speaker and Ladies and Gentlemen of the House, I've listened to the arguments on this Bill. And, in my humble opinion, it's a discriminatory Bill. Now, I heard the remarks made that ah.. you could not get into the.. the Chicago Housing Projects because you wasn't of a particu- lar party or organization. Now, I've been living in my Area for ah.. twenty some odd years, well before the projects were built and there was people in there that was not for me and of my party, they had no trouble of access to any of these buildings. Now, I don't know why that they had trouble getting into the buildings. And, this is why I'm going to vote 'no' on this Bill because it's a Bill that has been GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  stated, I believe, is unconstitutional. And, if you're the kind of a person that know how to approach the people, you have no trouble getting into those projects. I vote 'no'."

"The ah.. gentleman from ah.. ah.. Cook, Mr. Garmisa."

"Mr. Speaker, how am I recorded?"

"How's the gentleman recorded?"

"The gentleman is recorded as 'not voting'."

"Vote me 'no', please."

"The gentleman from ah.. ah.. Cook, Mr. Richard Walsh. For what purpose do you rise?"

"Mr. Speaker, I.. I wonder if we could have another Roll call on this Bill."

"Well,.. There ah.. There really haven't ah.. been that many ah.. additions or substractions from the existing ah.. Well, does the.. does the Membership ah.. desire?"

"Nóoo.. Nooo. Yeah.."

"For what purpose does the gentleman from Cook, Mr. Barnes, rise?"

"Mr. Speaker and Members of the House and all due respect to ah.. my Colleague from DuPage County, who spoke about not having any public housing in that particu- lar County, I'm sure you know that we've been rass ling with that problem in the City of Chicago in the County of Cook quite a bit in recent years. And, we would be happy to remedy that situation for him if that's his wish. But, to GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  explain my vote... But, to explain my vote, I happen to have a public housing facility in my District, at least it was until a couple of years ago where it was offered for sale to the people that lived in that public housing project. And, upon action by the Federal Government, they bought those houses. But, I think that it would be derelict on my part not to speak against a Bill that would.. that would have been and would be now clearly discriminatory toward those hard working people who are on the poor end of the spectrum for them to be able to be set aside from the other people that live in my District. I think that this is an era that we have built up over the years to point out the poor people and their plight. I think it's a mistake to do it. I think the intention of the Bill was inadequate, and I'm glad to see that we soundly defeated a bad piece of legislation."

"The gentleman from ah.. Cook, Mr. Jaffe."

"How am I recorded as voting?"

"The gentleman is recorded as 'not voting'."

"Would you vote me 'no'?"

"Record the gentleman 'no'. The gentle- man from ah.. Cook, Mr. R. L. Thompson says that was ah.. cut off."

"Ah.. Mr. Speaker..."

"Proceed."

"I was cut off before I had a chance to explain my vote. And, I didn't get to vote 'no'. Will you record me as 'no'?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  135. as

"Yes.. Yes.. Record the gentleman 'no'. The gentleman from ah.. ah.. Ogle, Mr. Brinkmeier."

"Mr. Speaker, how am I recorded?"

"How's the gentleman recorded?"

"The gentleman is recorded as 'not voting'."

"Record me 'no', please."

"Record the gentleman as 'no'. The gentle- man from Cook, Mr. B. B. Wolfe."

"How am I recorded, Mr. Speaker?"

"The gentleman is recorded as 'not voting'."

"May I be recorded as voting 'no'? And, a brief explanation is contained in the last line of the ah.. Digest on this Bill which says, 'It provides that it shall be the duty of the commissioners to strike the names of per- sons from registers when names are not listed on required re- ports'. And, the distinction between the housing and the lodging and hotel and motel Act is this, you have got to register on a card when you're in a lodging house which regis- tration, under the Law of this State, becomes a record of the hotel motel, etc. And, from that record, the Managers compile a list which goes to the Board of Election Commis- sioners. Now, when you rent public houses, the husband and wife that signs the lease does not include the names of their children. And, it would incumbent upon the Manager to canvass every apartment to determine who's of age eighteen and who resides in that apartment and then to submit that list. And, if he does not do it, that party will be dis- THE STATE OF GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  franchised. And, I oppose any Bill that's discriminatory on that basis."

"The gentleman from ah.. ah.. Cook, Mr. ah.. The gentleman from Lake, Mr. Pierce, are rising on a point of order?"

"Yes, Mr. Speaker. I'm trying to understand this controversy. And, I pulled House Bill 3683 out of my Bill Book and it's Mr. Collin's Bill for delegate.. for all the delegates. Is that amended to.. to his present? Is that it?"

"The gentleman from ah.. Cook, Mr. Phil Collins."

"It deals with delegates to the National Con- vention."

"Ah.. yes, it.. it did, but Amendment No. 1 struck everything after the enacting clause."

"Oh.. Thank you."

"The gentleman from Cook, Mr. Carroll."

"Thank you, Mr. Speaker. How am I recorded?"

"How's the gentleman recorded?"

"The gentleman is recorded as 'not voting'."

"Ah.. to briefly explain my vote. For the reasons stated by Representative Bernie Wolfe. And, in addi- tion, this seem to add a new power to the Bureau of Vital Statistics, it doesn't seem to appear anywhere. And, that is to determine is anything is vacant. There's nothing in that shows how they're to determine if it's vacant that they've 136 GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  had that prior power, how they're to go about doing it, if they're supposed to keep a list of what's vacant and tell that to the Board of Election Commissioners. And, for that reason and the reason stated by Representative Wolfe, please record me as voting 'no'."

"Alright. On this question, there are 59 'Ayes'... The gentleman from Cook, Mr. Phil Collins."

"Yeah, Mr. Speaker, ah.. I rise partially to explain my vote and partially on a point of personal privilege. It's ah.. been confused here that ah... or it's been stated here that ah.. the Bill is discriminatory. Well, it ah.. Well, it is certainly not discriminatory. If it's discriminatory, it's only discriminatory against ghost voting. This is a Bill that ah.. would clean up our election lists. It would ah.. require that ah.. in transient areas, we would have an accurate ah.. record of those who are entitled and those who are registered to vote. And, I do resent the ah. spectre of discrimination being thrown up again. Ah.. there was no such intention when the Bill was filed or by anybody who had anything to do with the Bill. It is, as I say, dis- criminates against illegal voting, yes. But, it does not ah.. discriminates against poor or any class of people. It's ah.. a honest effort to clean up our ah.. election rolls and make for better and honest elections. I think it's a good Bill. I'm sorry that the.. that so many on the other side of the aisle could not see fit to support the Bill. Thank you, Mr. Speaker." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Hon. W. Robert Blair: "For what purpose does the gentleman from Cook, Mr. Mann, rise?"

"A point of personal privilege, Mr. Speaker."

"Okay.. What is it?"

"Mr. Speaker, ah.. with regard to the question ah.. of discrimination, I think that my Colleagues know that.. that ah.. ah.. I'm extremely sensitive ah.. to this question. And, certainly would not vote for any Bill that I thought in any way was discriminatory against anyone, either on the basis of ah.. economics or ah.. race. I would fight that kind of a Bill. So ah.., I just want it know that ah.. I'm supporting this Bill on the grounds that it's consistent with the lodging house affidavit. I think that the point that was made by ah.. Mr. Madigan that, perhaps, we ought to ah.. add ah.. large apartment houses, is a good point. And, would certainly ah.. support it, but I surely would want to disassociate myself ah.. from any implication that I would support a Bill that had any discriminatory aspect or feature in it."

"Alright.. Burditt.. 'aye'. And, there are 60 'Ayes', and 52 'Nays', and this Bill having failed to receive a Constitutional majority is hereby declared lost. House Bill 4475."

"House Bill 4475, an Act to amend 'The Election Code'. Third Reading of the Bill."

"The gentleman from ah.. Cook, Mr. Phil Collins." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Philip W. Collins: "Mr. Speaker and Ladies and Gentlemen of the House, House Bill 4475, I think it's a Bill that every- one should support. It would take the ah.. the financial burden off.. off the candidates who feel that they have been wronged in.. in election counts and ah.. are seeking re- dress through recounts. The Bill would state that ah.. that anyone ah.. who ah.. was sustained in a recount action would have returned to the many monies that they were ah.. they were forced to post because of the.. the recount. It, furthermore, would state that.. that any respondent to such action would ah.. also have any monies that they had to.. to put forward returned to them if the election were upheld. I.. I think it ah.. it's something that's long overdue. The cost of people who feel they have been wrong in elections as often.. on large scale elections such as ah.. County- wide or State-wide election, the cost is too burdensome for an individual to carry. I think it's only just if he is sustained in his contention that he has been wrong, that the ah.. money be returned to him. Ah.. naturally, if.. if his ah.. is.. suit is ah.. is.. is.. it fails and the election is upheld, and then, he does bear the cost of his action. I think it ah..it is fair and I would ask for your support."

"The gentleman from Cook, Mr. Berman."

"Would the Sponsor yield to one question? Ah.. Phil,..."

"Yes.."

"As I understand it, the ah.. reason for GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  140 the posting of this money is because of the additional cost incurred in the recount procedure. Would you have objection if this Bill ah.. to adding an Amendment ah.. providing for the State to reimburse the County or the local lection... election board for all the costs that would be incurred in these recounts?"

"I ah.. think that we could work on that, Art. I'm not going to give you any ah.. yes or no answer. I don't that a...."

"Well, I have to know it because part of the problem is the cost involved. That's one of the reasons for the requirement of the posting now."

"Well, I think ah.. I.. I think if it were a State-wide Election, yes. But, I think ah.. if it ah.. if it were.. if it were in the County, I think that the.. the cost should be borne within the County."

"Unless there was some kind of reimbursement. What kind of cost are we talking about, Phil?"

"Well, ah.. I.. the only one that comes to memory right now is the.. the recent ah.. ah.. recount that was ah.. ah.. sought in Cook County in the Sheriff's Elec- tion. And ah.. ah.. the Superintendent or ah.. the.. the ah.. Superintendent of Public Instruction for the County, ah.. we're talking in the neighborhood of a quarter of a million dollars."

"Well, I think that's a substantial amount to impose ah.. on a County..." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Philip W. Collins: "Well, it may...."

"And, I think, if you want to be sincere in it and you want the State to reimburse them, then, I'd give ah.. serious consideration to supporting your Bill. But, without that kind of provision, I don't see how I could."

"I.. I don't think.. I don't see where shifting across from the.. from Cook County or any Counties of the State would make the.. the difference. I.. I think this will take.. is a County responsibility."

"The gentleman from ah.. Cook, Mr. Pal- mer."

"If the Sponsor will yield?"

"He indicates he will."

"Phil, was there any ah.. additional monies or persons ah.. hired in the.. in that recount by the County of Cook where a ah.. ah.. a deposit of money was necessary? What I'm talking about is ah.. normally the employees go ahead and the County Clerk or the Board of Election Commis- sioner Employees go ahead and do this. They're on a payroll anyhow. So, do you know of any additional monies that have have to expended by the County Board ah.. or the Board of Election Commissioners in this regard?"

"I don't.. I don't know of any, but I could ah.. be correct. Ah.. But to my... There are none to my knowledge."

"Well, Mr. Speaker, I'm going to support this Bill. But, it would seem to me that the expenditure of money GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  to discharge or to ah.. exercise a basic constitutional right. is wrong. There shouldn't be a man that shouldn't have to put up money in this respect. Ah.. certainly, he has a right, in certain instances, in great many instances, to see whether or not the vote was counted. And, voting is a basic constitutional right. I should hope that this As- sembly gets to this problem in the next Session of Legisla- ture. And, I don't know what the Supreme Court is going to do, but I hope that they hold that the ah.. decision of the lower Court in this respect is wrong and a violation of those rights."

"The gentleman from ah.. Cook, Mr. Shea."

"Phil, can't, under the present Law, if a per- son deposits money in a contest, can't the Court direct that that deposit be returned to him at the present time?"

"I.. I imagine so. I.. I don't have the answer to that. Ah.. can you... Do you have the answer to the question you're asking me?"

"I.. I don't know why we need the Law. That's my question."

"Well, it has.. it's become obvious in ah.. in recent years that candidates who sought.. who thought they had been wronged by the ah.. counting of the vote, ah.. were unable to secure ah.. recounts. And, merely, because they were unable to come up with money.. ah.. the financial considerations that were put upon them. Ah.. if ah.. if the Court has this power, I.. it certainly was not ah.. exercised. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  143. And ah.., I think there's a real need for this Bill."

"Well, this Bill wouldn't change any deposit requirements, would it?"

"No, it wouldn't. But, I think that it would be easier for.. for a person to secure ah.. money to.. to put up as a deposit if there was a pretty good chance that it was coming back."

"I.. I don't.. I just don't follow the import of the Bill. It says in the last line starting in 30, 'Any money deposited as security for Court cost by a petitioner in opposition to a petition contesting an election must be returned to such petitioner if the judgement of the Court is to confirm the election or to declare as elected the per- son who's election is contested'. So, what you're saying, in all cases, give them the money back."

"I'm saying to be fair with both sides. The mere fact that I file ah.. a petition for a recount and I'm assured that my money is going to be returned to me, if I'm successful, the person that I'm contesting, if he has to put money up because of my suit and his election is sus- tained, then obviously, it's only fair that his money should be returned to him. My ah.. My ah.. If the.. If he sus- tained, my money would be forfeited.."

"You mean.. Let's assume that I get elected to an Office...."

"One or the other of us is going to bear the cost. That's right." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Gerald W. Shea: "You mean, I'd not only have to go out and fight the election, but I've got to pay to make sure that I'm right?"

"I don't say that you have to. If you have to."

"Well, as I read that last sentence, both people are going to get their money back and, I guess, the County is going to pay it then."

"Well, no. You're.. You're obviously read- ing it wrong. It says, 'That if the Election is upheld, the ah.. the respondent gets it back. If it is not, the peti- tioner get his back'. But, one. If money is put up by two parties, one or the other is going to get it back..."

"Not.. Not the way you've got that last sentence written, Phil."

"I.. I ah.. beg your pardon.. Don't.."

"It says, 'That the judgement of the Court if to confirm the Election or is to declared as elected the person who's election is contested'. Either way, it looks like it goes back."

"That's right. It.. No.. No, it doesn't. If the election is confirmed, then, if you'll look on line 30, it says, 'The petitioner in opposition'."

"Well, Phil, the Court can do this right now. I don't see any need for this legislation."

"Well, since they haven't done it, I think there's a real need." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES

145 Hon. W. Robert Blair: "The gentleman from ah.. Cook, Mr. Re.. Mr. Rayson."

"Ah.. would the gentleman yield for a ques- tion?"

"He indicates he will."

"Ah.. Representative Collins, I didn't get your answer to the cost. Does this include Attorney's fees, witness' fees or we talking primarily in the area of the administrative cost of counting ballots, etc."

"We're talking administrative cost. If you'll read the Bill, starting on line 22, ah.. 'such amounts of money that the Court may require a security for cost for such additional precincts as it may deem reasonable and proper'. It's ah.. administrative cost."

"It doesn't cover Attorneys' fees?"

"This is not Attorneys' fees, no."

"The gentlman from ah.. Cook, Mr. Col- lins, care to close?"

"I.. I think we've.. we've thoroughly amined this Bill ah., Mr. Speaker. I think that it's a Bill that will do justice to candidates who may or may not be wronged. I do ah.., as Representative Palmer said, I think that this sustains ah.. a basic right of ah.. the Ameri can ah.. candidate or electorate. And, I would urge the sup- port of the entire House for this Bill."

"The question is, 'shall House Bill 4475 pass?'. All those in favor will vote 'aye', the opposed 'no'. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  The gentleman from McLean, Mr. Hall."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, in explanation of my vote, I would like to sug- gest that ah.., particularly in the case of candidates run- ning for office for the first time who are ah.. feeling that they may have won the election, the election was close, they repair to the innercircle of the organization, ah.. if they have one or to the County Clerk and they ask what they can do. Often times, they are told that ah.. they could ah.. ask for a recount, but the cost is so exorbitant that they probably wouldn't want to do that. The explanation seems to imply ah.. that they would be unwise not to ah.. file ah.. such a recourse. And, consequently, they don't. I think that this is a good. Bill. I think ah.. that they should ah.. not be discouraged or discouraged.. ah.. encour- aged or discouraged. But, I think they should ah.. be ex- plained thoroughly ah.. that, should they be successful, that their money expended would be returned to them so at least it wouldn't be discouraging, if they so wish to do this. I think it's good legislation and needed."

"Have all voted who wished? The gentle- man from ah.. Cook, Mr. Collins."

"Ah.. Mr. Speaker, this Bill is only two votes from passage and we are missing a good number of Mem- bers today. I would like to postpone consideration."

"Alright.. Does the gentleman have leave? The gentleman from Cook, Mr. Berman, for what purpose do GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  you rise?"

"'Present'."

"Oh.. 'Present'. Does the gentleman have leave? 4372."

"House Bill 4372, an Act to amend 'The School Code'. Third Reading of the Bill."

"The gentleman from ah.. Cook, Mr. William Walsh."

"Mr. Speaker and Ladies and Gentlemen of the House, in fiscal 1972, there was a hundred million dollars given by the State to some school children, not on the basis. of the need in their School Districts, on the basis of the wealth behind each student, but simply, on the basis of the way that School District was organized. Now, I submit to you that this one hundred million dollars represented dis- crimination toward these school children, discrimination toward the people who were supporting that School District in the form of additional taxes, and, unfortunately, un- equal education. The Courts in California, in Texas, in Minnesota and in North Carolina and, perhaps, other States by now have found that this kind of school financing is un- fair and they have declared it to be unconstitutional. This Bill, House Bill 4372 would minimize, or reduce that dis- crimination by sixty-six million dollars in 197.. in fiscal 1973. In doing this, it would reduce the qualifying rates for Elementary School Districts of over three-hundred and fifty enrollment from 87 cents to 60 cents. It would re- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  148 duce the qualifying rate in High School Districts from 87 cents to 70 cents. I solicit your support."

"The gentleman from Cook, Mr. Berman."

"Would the Sponsor yield? Does this.. Does this bring it down to full equality? In other words, the High School and the Grammar School equal to the Unit Dis- tricts."

"No, it does not. No, it does not. The total ah.. ah.. The Unit Districts have a qualifying rate of $1.08. This would provide for a qualifying rate of $1.32. So, there's a... There's still discrimination of about ah.. ah.. thirty-five million dollars.. thirty-four million dol- lars."

"What will this cost for fiscal ah.. fiscal '73?"

"It is estimated that this will cost sixty- six million dollars. And, I want to point out here that the Governor in his Budget Message has said that there will ninety million dollars more for education in fiscal 1973 than in fiscal 1972. This would cost sixty-six million dol- lars."

"Have all.. Any further discussion? The gentleman from ah.. LaSalle, Mr. Fennessey."

"Will the Sponsor yield to a question?"

"He indicates he would."

"Phil, this won't take anything away from the Unit Districts, will it? Won't reduce their..." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES

149 William D. Walsh: "No. No, this takes nothing away from any District at all even the very small Districts. I might point out, Joe, that this would encourage consolidation, not neces- sarily on the basis of Units, but on the basis of size which ah.. I ah.. ah.. feel is a ah.. better classification."

"Alright.. Would the gentleman care to close?"

"Well, I just request a Roll Call, Mr. Speaker."

"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 96 'Ayes', 4 'Nays', and this Bill having received a Constitutional majority is hereby declared passed. 4240."

"House Bill 4240, a Bill for an Act to amend an Act relating to marriages. Third Reading of the Bill."

"The gentleman from Cook, Mr. Caldwell."

"Thank you,. Mr. Speaker. House Bill 4240 is the same Bill that was passed last Session giving the eighteen year old men the right to get married without the parental consent. Ah.. that Bill was passed in the Senate and the Governor vetoed it ah.. giving ah.. reasons for do- ing so. Since that time, a Commission appointed by the Gov- ernor really a Coun.. the Illinois Council of Youth and the Illinois Commission on Children and they reported. And, in their report, ah.. they ah.. did not agree with the reasons GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  that the Governor had put forth for vetoing that particular measure. I ah.. believe that since the eighteen year olds now can become notary publics, they can sign and execute con- tracts, they can be the executors and administrators of their estates and of course, we didn't have anything to do with the fact that they can now, of course, vote in all elections. I think that the climate has changed and, I be- lieve that now that the eighteen year olds should be per- mitted to get married without parental consent. And, I be- lieve that the sentiment among the large segment of the pop- ulation of our State ah.. favor ah.. that particular atti- tude. And, I would hope that this House, Members of the House, would again pass this Bill out of the House and send it over to the Senate with a 'green' light. I would ap- preciate the cooperation of the Members."

"The gentleman from ah.. Livingston, Mr. Hunsicker."

"Mr. Speaker and Ladies and Gentlemen of the House, I rise in opposition to this Bill. While I realize that the eighteen year olds have been given the right to vote and other adult privileges, I'm convinced that it is wrong to allow eighteen year old males to marry without parental consent. In the first place, at least 90 percent of them are still in school. They have had no responsibility thrust upon them. They haven't been supporting themselves let alone a wife and, perhaps, a prospective family. Every- one, except probably an eighteen year old, knows that you GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  can't live on love alone, even puppy love. By the time you're twenty-one, and in many cases even before, many have tired of the responsibility they have assumed and divorce or desertion will be the ruling. Then, what happens? The public aid rolls will expand like a balloon which is being inflated. We all know that public aid is a millstone around our necks now. Why pass legislation, which in all proba- bility, will load the public up with a greater burden? Eight- een year olds think that they have all the answers. You know, once upon a time, I was also eighteen years old and I thought I knew everything. But, I found out that it's what you learn after you think you know it all that really counts. This Bill ought to be defeated."

"The gentleman from Cook, Mr. Rayson."

"Thank you, Mr. Speaker and Members of the House. I rise in support of this Bill. I listened to the words of the last gentleman. Perhaps, you might be suasive- ly making a case for every one to be married at twenty-one, twenty-two, twenty-five, nineteen because there is an ele- ment of truth in what he says. But, if you recall, last year we passed a significant Bill, which establishes adult- hood at eighteen for all purposes, except for those limited purposes not ah.. ah.. or set forth in other Sections of the Statute. That's what one of these Bills, this particular Bill is all about. It's trying to remove this impediment when it comes to marriage. When we say that we're adult and eighteen, I see no reason why they shouldn't marry at eight- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  een. Now ah.., it's awfully easy to say, you know, it's a big step and no one that age really knows what's ahead of him, that's true. I think many of us here, you know, might even regret that. But, that isn't the point. The point is we're eighteen and we're adults and it's demeaning to sug- gest that girls at eighteen can be married on their own, but boys can't. I think that this is a medieval hang-up to sug- gest that boys can't mature the same rate as girls, at least at the eighteen year old level. I think that's what this Bill is all about and should be passed."

"The gentleman from ah.. Cook, Mr. ah..

Glass.. Bradley M. Glass: "Thank you, Mr. Speaker. Ladies and Gentle+ men, very briefly, I have supported, I think, almost all of the eighteen year old Bills giving the eighteen year olds the right to vote and do other things at a earlier age. However, I think that it would be a mistake ah.. to ah.. pass this Bill and give them the right to marry without parental consent for one simple reason. And, that is the large number of ah.. ah.. those marriages, which experience has shown, end in divorce. And, I think there's nothing more tragic ah.. than to see a young couple married too early and ah.. have that marriage end in a divorce. I don't think we're doing any one a favor ah.. by lowering the age to eighteen. I think we ought to have some caution here and leave the Law as it is. And, therefore, I urge a 'no' vote."

"The gentleman from ah.. ah.. McLean, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  Bradley."

"Mr. Speaker and Ladies and Gentlemen of the House, it's not very often that I rise and have the opportunity to ah. quote the.. the disting.. the distin- guished Majority Leader. But, the other day on the issue such as this, he said, 'That it was discriminatory'. And, I think that Bill is discriminatory because it discriminates against the thirteen year olds. So ah.., I'm opposing this Bill. I think ah.. we could do something for the boys that are eighteen by defeating this measure. And, I happen to have a boy that's eighteen and I don't feel that I want to ah.. to see him get married at this time without my consent. So ah.., I'm rising and opposing this piece of legislation."

"Any further discussion? The gentleman from ah.. Cook, Mr. ah.. Caldwell, to close."

"Yes. Thank you, Mr. Speaker. I've ah. As I said before, this Bill was passed in this House before. And, one of the reasons that I'm bringing it back at this time is that, while that Bill was being debated and passed out of this House, a Commission, the Illinois Council of Youth, the Illinois Commission on Children had been appointed by the Governor. And, they made their report to the Governor in November of '71. And, on that Commission, Mr. Speaker and Ladies and Gentlemen of the House, were some of the out- standing legal scholars, outstanding educators, outstanding social workers and people in the psychiatric and psycholog- ical fields. I would be willing to go along with their GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  154. report which was compiled over a number of months and the study is very carefully put together and it is being widely used. And, I believe that their recommendation that eight- een year olds are as capable and qualified to get married as thirty and thirty-five year olds. Some of you may re- call that in the previous debate, we pointed out that we give these young people all of the responsibilities of adult- hood without giving them the legal right. And, I would like to close by reading one paragraph from this report. It says, 'The Committee believes that males require no incremental time period over females in which to prepare for marriage!. It urges period.. It urges equalization of legal ages be- tween males and females wherever possible. The Committee believes that prolonging the age in which males must seek parental consent to marry is tantamount to saying that young men at eighteen are childlike and females are not. The Com- mittee finds that eighteen year olds are fully capable of being adults. This provision goes against the grain of cur- rent change in Laws which are seeking to reflect the early maturity in young people and the equalization of age between males and females. Mr. Speaker and Ladies and Gentlemen of the House, I would appreciate your support on this very im- portant bit of legislation."

"The question is, 'shall this Bill pass?'. All those in favor will vote 'aye', and the opposed 'no'. The gentleman from ah.. Cook, Mr. Hyde."

"Well, Mr. Speaker, Ladies and Gentlemen of the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  155.. House, I never thought much of the argument that ah.. if you're old enought to fight, you ought to be old enough to vote. But, I do think that the argument makes sense that if you're old enough to fight, you're old. enough to get married."

"Have all voted who wished? The gentle- man from Champaign, Mr. Hirschfeld."

"Very briefly ah.., Mr. Speaker and Ladies and Gentlemen of the House. It ah.. seems rather anomalous that ah.., after some of the votes I've made on eighteen year old votes, to vote for this. But, I have to say as an Attorney who, unfortunately does a great deal of divorce work, in Champaign County 58 percent of all the marriages end in divorce. And, I read the Governor's Veto Message where he said that he was vetoing the eighteen year old marriage Bill because there were so many divorces. But, unfortunately, Ladies and Gentlemen, the divorce rate is 58 percent for those under twenty-five and it's 58 percent for those under 32 and it's 58 percent for those under 40. So, I see no reason ah.. We've given the eighteen year olds the right to contract for everything else. I think we ought to give them the right to contract to make their life mis- erable."

"The gentleman from Cook, Representative B. B. Wolfe."

"Ah.. Mr. Ah.. Mr. Speaker, ah.. I opposed this Bill the last time it was up. And, everybody in the House knows my record concerning the rights of eighteen year GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  olds. Ah.. I think that I was one of the first in 1965 to attempt the Bill to reduce the voting age at that time and I don't think we got enough votes to pass it across the aisle. In all other areas of eighteen year old legislation, I have consistently and firmly supported it. But, I think we've got to realize that there is a difference ah.. in the marriage contract in which the State has a vital interest in which you're creating a family unit and the normal areas of.. of Law and.. and rights that we talk about for eighteen year olds. When the divorce rate for teenages is reduced from a four out of seven, then, I will support reducing the marriage age to eighteen without parental consent. I think it's a break that the.. the young fellas need. I think that other legislation in this area is more important and that the preservation of the family unit. The only.. The Com- mission that studied this four years ago, the only recom- mendation they could make with respect to the marriage age is that we compel the instruction in school of premarital courses to train our young people and to educate them on family responsibilities. And, I still oppose this. I think the Governor was right in his veto. And, I'll oppose it at this time."

"The gentleman from Cook, Mr. Fleck, to explain his vote."

"Well, Mr. Speaker and Ladies and Gentlemen of the House, I act on the sentiments of Representative Wolfe on this matter wholeheartedly. I personally feel that GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  that the eighteen year olds emotionally aren't ready for marriage. They're still changing physically and their minds are changing. They're in a plastic age of life. Secondly, I think financially they aren't ready to deal with the mar- riage problem. Our younsters of eighteen years and older are usually in College at this point and getting married will emancipate them. Who's going to pay the bills when they're married? They're going to be living in apartments. They're going to have to pay for the necessaries of life. The only people who are going to be probably paying for them are the parents. And, I suggest you parents consider this matter when you thrust your children into a situation where they might be completely dependent upon you for their live- lihoods if they're in College or out of College. For these reasons, I think that this is very bad and we should look at it again."

"The gentleman from Cook, Representa- tive Peter Miller."

"Mr. Speaker, you ought to talk to a fella that had five daughters. Went through it four times. I can speak through experience. The anguish, the anxiety, the worry, the care a parent goes through. And, they get up there, and especially in this day and age, you talk about parent responsibility. A true parent who takes his children into their.. into his confidence never have a problem about it. They won't. It's those who are lax and those who don't worry about the best interests of their daughters through GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  the years. I never had any of the daughters give me any worry. If they confide in you and they.. I don't find any of them or the four have never said, 'I'll do it without your permission'. They had our permission. And, I think they should. The courtesy, the love to a parent is that they do ask for the permission. And, that is when there's love in the family and love with the children and you pro- vide for them, you're not going to have problems with them. But, it's when you don't worry about them and you don't show the love and the consideration that the youngsters need in those tender years when they're growing up. This is a problem that much can do about nothing because in those kind of families, you don't have that worry. However, I'm still going to vote 'no'."

"Have all voted who wished? Take the record. On this question, there are 86 'Ayes', 33 'Nays'. Representative Caldwell, for what purpose do you rise, Sir?"

"Mr. Speaker, ah.. would you kindly poll the absentees?"

"Yes, I will. And, Representative McCormick wishes to be recorded as voting 'aye'. The gentle- man has requested a poll of the absentees. McCormick.. C. L. McCormick.."

"Arrigo.. Bartulis.. Borchers.. Calvo.. Capuzi... Carrigan.. Jimmy Carter.. Chapman.. Colitz.. Conolly.. Corbett.. William Cunningham.. Day.. Dyer.. Epton.. Ewell.. Fary.. Flinn.. Granata.. Hamilton.. Henss.. Gene Hoffman.. Ron Hoffman.. Houde. Jacobs. Karmazyn.. Keller.. Kleine.. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  Klosak.. Laurino.. Lauterbach.. Lindberg.. Londrigan.. McDermott.. McLendon.. Meyer.."

"Record Representative McLendon as voting 'aye'."

"O'Hallaren.. Pappas.. Regner.. Ropa.. Rose.. Schisler.. Schlickman.. Schoeberlein.. Simms, Timothy.. Springer.. Telcser.. Jack Thompson.. Tuerk.. VonBoeckman.. Richard Walsh.."

"Record R. Walsh as voting 'no'."

"Washburn.. Genoa Washington.. Williams.. Zlatnik."

"Representative Schlickman, did you seek recognition, Sir?"

"Mr. Speaker and Ladies and Gentlemen of the House, having two sons, ages 19 and 20, I think I have a conflict of interest. And, I, therefore, would like to be recorded as voting 'present'."

"Record the gentleman as voting 'present'. Representative Schisler, for what purpose do you rise, Sir?"

"How am I recorded, Mr. Speaker?"

"How's the gentleman recorded?"

"The gentleman is recorded as 'not voting'."

"Please vote me 'aye'."

"Record the gentleman as voting 'aye'. Representative Philip, for what purpose do you rise, Sir?"

"Mr. Speaker, how am I recorded?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  160.

"How's the gentleman recorded?"

"The gentleman is recorded as voting 'aye'."

"Record me 'no'."

"Record the gentleman as voting 'no'. Representative Calvo, for what purpose... Record Representa- tive Calvo as voting 'aye'. Von Boeckman.. 'aye'. Fary.. How's Representative Fary recorded?"

"The gentleman was recorded as 'not voting'."

"Vote me 'aye', please."

"Record the gentleman as voting 'aye'. O'Hallaren.. 'aye'. Representative Fleck, for what purpose do you rise, Sir? The current Roll Call stands at 92 'Ayes', and 35 'Nays'."

"I respectfully request a verification, Mr. Speaker."

"Noooo. Noooo."

"The gentleman has requested a verifi- cation of the affirmative Roll Call. Will the Members please be in their seats? Will the Clerk please read the affirma- tive Roll call?"

"Alsup.. Anderson.. Barnes.. Barry.. Berman.. Bluthardt.. Boyle.. Brandt.. Brenne.. Brinkmeier.. Brummet.. Caldwell.. Calvo.. Carroll.. Richard Carter.. Choate.. Otis Collins.. Phil Collins. Craig.. Roscoe Cunningham.. Davis.. DiPrima.. Doulgas.. Downes.. Fary.. Fennessey.. Garmisa.. Gibbs.. Giorgi.. Graham. Hanahan.. Hart.. Hill.. Hirschfeld.. Holloway.." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  161.

"Would you go a little slower, Mr. Clerk, please?"

"Houlihan.. Hyde.. Jaffe.. Janczak.. Jones.. Kahoun.. Kennedy.. Krause.. Lechowicz.. Lehman.. Lenard.. Leon.. Ed Madigan.. M. Madigan.. Mann.. Maragos.. Markert.. Matijevich.. McAvoy.. McCormick.. McGah.. McLendon.. McPartlin.. Merlo.. Kenney Miller.. Moore.. Murphy.. North.. Nowlan.. D. O'Brien.. G. O'Brien.. O'Hallaren.. Pierce.. Randolph.. Rayson.. Redmond.. Scariano.. Schisler.. Schneider.. Sevcik.. Shapiro.. Shea.. Ike Sims.. Smith.. Soderstrom.. Stedelin.. Stone.. Taylor.. Terzich.. R. Thompson.. Von Boeckman.. Wall.. Harold Washington.. Welsh.. Frank Wolf.. Yourell.. Mr. Speaker.."

"Are there questions of the affirmative Roll call? Representative Carrigan, for what purpose do you rise, Sir?"

"How am I recorded?"

"How's the gentleman recorded?"

"The gentleman is recorded as 'not voting'."

"Vote me 'aye', please;"

"Record him as voting 'aye'. Repre- sentative Rose, for what purpose do you rise?"

"How am I recorded?"

"How's the gentleman recorded?"

"'Not voting'."

"'Aye', please."

"Record him as voting 'aye'. Repre- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  sentative Fleck, do you seek recognition?"

"Where's Representative Calvo?"

"Representative Calvo? He's here."

"Representative Barry?"

"Is Representative Barry on the floor? Yes, he is. He's right there." Charles J. Fleck: Representative Yourell?"

"Is Representative Yourell on the floor? I don't see him. Take him off the Roll Call."

"Representative Terzich?"

"He's in his seat."

"Representative Kahoun?"

"Here he is, up here in the front."

"Representative Janczak?"

"Take him off the Roll Call."

"Representative Edward Madigan?"

"He's in his seat."

"Representative McGah?" Rep. Arthur A. Telcser: He's in his seat."

"Representative Murphy?"

"He's standing in the back. And, put Yourell back on the Roll call."

"Representative Randolph?"

"Is Representative Randolph on the floor? Take him off the Roll call."

"Representative Kenneth Miller?"

"Is Representative Miller on the floor? GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  Take him off the Roll Call."

"Representative DiPrima?"

"Is Representative DiPrima on the floor? Take him off the Roll Call."

"Representative Lehman?"

"Is Representative Lehman on the floor? Take him off of the Roll call."

"Representative Bluthardt?"

"Is Representative Bluthardt on the floor? Take him off of the Roll Call if he's recorded 'aye'."

"Representative George O'Brien?"

"Is Representative O'Brien on the floor? Take him off of the Roll Call."

"Representative Redmond?"

"He's on the floor. He's in his seat."

"Representative Timothy Simms?"

"Is Representative Simms on the floor? He's not voting."

"Representative Ike Sims?"

"Is Representative Ike Si... Take him off of the Roll call."

"Representative Shapiro?"

"He's in his seat."

"Representative McDermott?"

"He's not voting. Are there further questions?"

"Representative Moore?" GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Rep. Arthur A. Telcser: "Is Representative Moore on the floor? Take him.. Did you say Moore or North?"

"Moore."

"Take Representative Moore off of the Roll call."

"Representative Hart?"

"He's in his seat. Are there further question, Sir?"

"I think that should be enough, Mr. Speaker."

"On this question, there are 85 'Ayes', 35 'Nays', 1 answering 'Present', and this Bill having failed to receive a Constitutional majority is hereby declared.. Representative Caldwell, for what purpose do you rise, Sir?"

"Mr. Speaker, I'd like leave to place this Bill on postponed consideration."

"Does the gentleman have leave? Hear- ing no objection, this Bill will be put on the order of post- poned consideration. House Bill 4194."

"House Bill 4194, a Bill for an Act to amend 'The Election Code'. Third Reading of the Bill."

"The gentleman from Cook, Representa- tive Sevcik."

"Ah.. Mr. Speaker and Ladies and Gentlemen of the House, ah.. House Bill 4194 amends 'The Election Code' and provides that the corporate authority of any city, vil- lage or town which has.. which is under the Board of Election Commissioners may, by resolution, ah.. remove itself from GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  under the Board of Election Commissioners. 165 Now, this only applies to Cook County and there is an Amendment that has ah.. been placed on this Bill. It's an agreed Amendment between Repre.. Senator Shea and myself. And ah.., I ask for your favorable support."

"Is there any discussion? The question is, 'shall House Bill 4194 pass?'. All those in favor signi- fy.. Representative Shea, do you seek recognition, Sir? All those in favor signify by voting 'aye', and the opposed by voting 'no'. Have all voted who wished? Barnes.. 'aye'. Take the record. On this question, there are 114 'Ayes', and no 'Nays', and this Bill having received a Constitutional majority is hereby declared passed. do you seek recognition, Sir?" Representative Sevcik,

"Ah.. yes. House Bill 3752, which I want to handle for ah.. Representative Lindberg. Would you please call that next while I'm standing on my feet?"

"Well, we'll try and get to it, Sir. House Bill 4075."

"House Bill 4075, a Bill for an Act to amend the 'Environmental Protection Act'. Bill."

Third Reading of the Rep. Arthur A. Telcser: "The gentleman from Cook, Representa- tive Katz."

"House Bill 4075 would provide Illinois an equivalent of the.. of the provision that exist in Federal Law ah.. under which, when State Agencies seek to undertake GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  166 major programs with environmental impact, ah.. they will so advise the Environmental Institute of the State of Illinois so that that Agency might make suggestions to them ah.. which would tend to ah.. enable them to do the same thing with less detrimental effect on the ah.. resources of the nature of the State. Ah.. the Bill came out of the Environment Committee and included some ah.. Amendments on it which make clear that, if Illinois is undertaking a program which would be covered under the Federal Law, that the filing of the necessary Federal Form would exempt that ah.. Agency of the State from having to file the equivalent State Form. I would urge the adoption and the passage of House Bill 4075."

"The gentleman from Cook, Representa- tive Meyer."

"Having no pride in authorship, but I'd just like to point out to the House that Representative Katz's Bill is now amended in such a fashion that it is a duplicate of House Bill 4591, which I'm the chief Sponsor, which ah.. was included in the Governor's Environmental Package."

"Is there further discussion? The gentleman from Franklin, Representative Hart."

"Ah.. Representative Katz, ah.. what scope ah.. ah..of.. of improvements would this cover? Would this... If a County wanted to widen a road or something like that, would they have to get an Environmental Impact Statement?"

"I believe that the ah.. Bill would probably not cover the kind of project that you're talking about. The GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  167. language of it ah.. is that it is limited to major actions significantly affecting the quality of the environment. I'm very certain that it's not conceivable that the kind of thing that you're talking about would be a major action."

"Well ah.., is there any ah.. time limit on when the ah.. report from the Environmental Agency has to be forthcoming? We've had a lot of problems ah.. with Federal Impact Statements because of the number of desks that they have to go across before they're approved and the delays that are ah.. necessarily followed with that kind of ah.. ah.. requirement. And, I.. I think that there ought to be, as there ought to be in any case where the Agency has the right of approval, there ought to be some kind of ah.. time limit on it so that things won't be unduly delayed because people are on vacations or other reasons which ah.. may not be as near as important as the project itself."

"Well, the provision of the Law is that they will ah.. file their report ah.. by December 1 of each year. I don't believe that there would be any problem with somebody being away. These are only major kinds of projects which, in the nature of a major project, would be a long-term kind of project that would ah.., obviously, be many, many months or years in the planning. It is not intended to cover ah.. just casual thought of activity that State Agencies engage in all the time. It is limited to major actions significantly affecting the quality of the environment."

"Well, could you give me a few examples?" GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Harold A. Katz: "Ah.. yes, I would say ah.. that, for example, if it were the ah.. intention of.. of undertaking ah.. a major kind of ah.. building project, let us say. I would think that if it were going to be ah.. ah.. major project of locating ah.. a highway that there might be some alternative methods of.. of doing it that this would probably be reported ah.. by the Department of Transportation. They would file a report with the Environmental Institute. If the State were going to undertake some kind of program, let's say, they were going to build ah.. something that would ah.. or might cause wide spread pollution of the atmosphere ah.. this might be reported. I.. I think it would limited and has been limited at the Federal level to major kinds of activities that would ah.. significantly affect the environment ah.., it would be long-termed kinds of projects which the State would engage in what is called ah.. ah.. a long-term com- mitment of resources of the State of Illinois."

"Is there further discussion? Does the gentleman wish to close the debate? The gentleman from Cook, Representative Katz."

"Ah.. yes. I only want to point out to ah.. in response to the comment of my dear and good friend, Repre- sentative Meyer, ah.. who was indicating about his Bill and the Governor's Message. I know that he does not want any pride of authorship and neither do I. However, I would want to point out, since he chose to rise on the matter, that his Bill's number is House Bill 4591, the Bill that you are GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  169. listening to now is House Bill 4075. This Bill was filed before the filing of that Bill and also before the filing of the report and recommendation of our Governor. However, we're all working together on it and there's no pride of authorship involved in my reporting the simple mathematical facts as to the Bill numbers."

"The question is, 'shall House Bill 4075 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 70 'Ayes', 6 'Nays'. Representative Katz, for what purpose do you rise, Sir?"

"Ah.. ah.. only to explain my vote and to in- dicate that this kind of legislation, which is bipartisan in its nature and which is supported ah.. by the Governor in his Message, is something that would involve protection of our environment with no real cost to the State of Illinois. I think that.. We've already set up an Environmental Quality Institute and that Institute ah.. will enable us to use their expertise to save State money. Ah.. I.. "

"Simmons.. 'aye'. Did.."

"I wonder if you might poll the absentees, ah.. Mr. Speaker?"

"Okay. Will the Clerk please read the names of the absentees?"

"Arrigo.. Barnes. Bartulis.."

"Barnes.. 'aye'. Proceed, Sir." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Jack O'Brien: "Bartulis.. Blades.." 170.

"Blades.. 'aye'."

"Bluthardt.. Borchers.. Boyle.. Bradley.. Brinkmeier.. Brummet.. Caldwell.. Calvo.. Capuzi.. J. Y. Carter.. R. A. Carter.. Chapman.. Choate.. Colitz.. O. G. Collins.. P. W. Collins.. Conolly.. Craig.. L. Cunningham.. W. Cunningham.. Davis.."

"Davis.. 'aye'. Boyle.. 'aye'. Caldwell.. 'aye'. Record R. Hoffman as voting 'aye'. Who is that?"

"Day.. DiPrima.. Downes.. Dyer.. Fennessey.. Flinn.. Friedland.. Graham.. Granata.."

"Graham.. 'aye'."

"Granata.."

"Philip.. 'aye'. Matijevich.. 'aye'. Bill Cunningham.. 'aye'. Harold Washington.. 'aye'. Al- right.. The Clerk would like another Roll call. The ques- tion is, 'shall House Bill 4075 pass?'. All those in favor signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Lechowicz.. 'aye'. Let's get on those switches, fellas. Have all voted who wished? Take the record. On this question, there are 111 'Ayes', 4 'Nays', and this Bill having received a Constitutional majority is hereby declared passed. House Bill 4591."

"House Bill 4591, a Bill for an Act to create the 'Illinois Environmental Policy Act'. Third Reading of the Bill." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Rep. Arthur A. Telcser: "The gentleman from Cook, Representa- tive Meyer."

"Mr. Speaker, President Nixon, as his first offical act of the new.. of the new decade in 1970, signed the 'National Environmental Policy Act'. And, I think, that it's particularly significant that these two Bills, and I might add that Representative Katz's Bill was amended to comply with my Bill. It.. It's being enacted at a time when the entire State of Illinois is facing an air pollution crisis. I might add that this is the first time that this has happened and this is significant legislation which will,、 hopefully, eliminate this. Thank you."

"Is there any discussion? The ques- tion is, 'shall House Bill 4591 pass?'. All those in favor signify by voting 'aye', and the opposed by voting 'no'. Have all voted who wished? Take the record. Representative Fleck, for what purpose do you rise, Sir?"

"Since I handled Mr. Katz's Bill in Commit- tee, I would like to be voted as 'present'."

"On this question, there are 108 'Ayes', 4 'Nays', and this Bill having received a Constitutional majority is hereby declared passed. Ed Madigan.. 'aye'. House Bill 4510. Take that out of the record. House Bill 2412. He's not on the floor. Take that out of the record. House Bill 3784."

"House Bill 3784, a Bill for an Act to amend an Act relating to private employment agencies. Third Reading GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  of the Bill."

"The gentleman from Cook, Representa- tive J. J. Wolf."

"Mr. Speaker and Members of the House, House Bill 3784 was designed to seek job.. designed to protect job seekers from misrepresentation and mistreatment by employ- ment agencies. Ah.. the Law now requires, for example, there must be a valid job existing before an employment agency can place an ad in the news media. And, the employment agency must have a copy of the job order in their files to show that there has been such a request for the job advertised. This Bill, among other things, will prevent agencies from using stale job orders as a come-on by requiring that the job orders be renewed every thirty days so they are current. Other things contained in this Bill that the name of the person authorizing the renewal of the job order must appear on the records so that the Department of Labor Inspectors were able to.. would be able to ascertain whether or not such a job actually exists. The ah.. It further requires that the employment agency to furnish the applicant with a copy of any contract or form he signs, defines the term 'acceptance' so there can be no misunderstanding. It also requires that in the ah.. referral slip that it must clearly state who is to pay the fee, whether the applicant is to pay the fee or the employer or if it will be a split-fee, the percentage to be paid by each. Ah.. it defines ah.. 'con- sulting firms' and 'resume services' and any place in the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  N. B. 3784 3rd R may 18, 72  173. contract ah.. the 'acceptance' must be printed in 10 point type so that the job applicant is fully aware of.. of whether he's expected to pay or not. This Bill was worked out with the Department of Labor and with representatives of the Em- ployment Agency ah.. Industry. And, I was very happy to see a very favorable ah.. Article in the A.F.L. - C.I.O. Labor News in support of this particular Bill. It's not uncommon for Agencies to charge fees of 600 or 800 dollars or a 1,000 dollars to an applicant. And, I think, if they pay out that kind of money, they ought to be entitled to get a fair shake."

"The gentleman from ah.. Cook, Repre- sentative Lechowicz."

"Inquiry to the Chair, Mr. Speaker."

"Yes, Sir."

"I'm wondering if there are any Members on this side of the aisle that have requested to have their Bills called?"

"Yes, they have and they're being called, Sir. I just finished Representative Katz's Bill, in fact, who happens to be on your side of the aisle."

"Well, you know, one out of twenty-five, I don't think is very fair."

"Your Members' Bills are being called in the same order that we.. that Mr. Glauberman could possi- bly get them to us. Representative Hill, for what purpose do you rise, Sir?"

"I'd like to make a statement on that too. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  I have..."

"Proceed."

"I have had four Bills up there now for three days. In fact, it's more than three days. I've been trying to get them called. I sit here patiently and I don't care if they vote up or down. But, at least, I'd like to have a vote on them. And, what's happening now, the Member- ship is leaving and the Bills that I have are controversial Bills. And, I've been down here long enough to understand, when I present a controversial Bill and the Membership leaves, I have that much less chance of passing a piece of legisla- tion. And, I think you're taking advantage of people like me who sit here day after day after day. And, on top of that, I resent it."

"Is there further discussion? Repre- sentative Lechowicz, for what purpose do you rise, Sir?"

"Well, Mr. Speaker, I'd like to hear the agenda, if there is an agenda as far as ah.."

"We're on the order of...."

"Representative Hill's request."

"We're on the order of House Bills Third Reading, Representative Lechowicz. The Bills will be called on Third Reading. And, I'm hopeful that the Member- ship will stay to vote on them. Representative Scariano, for what purpose do you rise, Sir?"

"Mr. Speaker, I want to say, on your behalf, that it really isn't your fault. You're locked in up there GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  175 I've with ah.. a script that's given to you by the Speaker. had Bills on there for weeks that I've asked for and haven't been called yet. But, I think, you should use your influence with the Speaker and find out why these Bills aren't called."

"Representative Hanahan, for what pur- pose do you rise, Sir?"

"Mr. Speaker, I'd like to speak on this same issue or are we out of order?"

"Well, are you rising on a point of per- sonal privilege, Sir?"

"I have no point of personal privilege be- cause... You recognized my name. Except, that I do believe, Mr. Speaker, in fairness to all of us that with Representa- tive Hill is a fact of life. And, as far as I'm concerned, that if.. if this is the route that we're going to go, maybe we should start debating every Bill, have verifications of every Roll call, offering all sorts of dilatory tactics in order to slow the whole process down so that a few Republican Bills don't get passed here today too. Now, in good con- science, Sir, I'm asking you to know the script that's be- fore you. I'm tired of going up asking when I'm going to be called. I haven't eaten lunch because I've been waiting for my Bill to be called. And, I'm tired of it. I don't care if we're going to be here all night and tomorrow, I'm willing to stay. But, I tell you, Sir, no other Bills are going to start moving either."

"Is there further discussion relative GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  176. to House Bill 3784? Does the gentleman wish to close the debate?"

"All I want to say, Mr. Speaker, is that I've been asking for about seven or eight days to have this one called. And, I've waited all this time. And, I'm sure that we'll get to all of them and I'll stay here as long as anybody has Bills on the calendar."

"Did you close the debate on your Bill, Sir? The question is, 'shall House Bill 3784 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 62 'Ayes', and no 'Nays', and this Bill having failed to receive a Constitutional majority is hereby declared lost. House Bill 3741. Record Repre- sentative Mann as voting 'aye'."

"House Bill 3741, a Bill for an Act to amend an Act to convey certain real estate in DuPage County. Third Reading of the Bill."

"The gentleman from DuPage, Repre- sentative Schneider."

"Thank you, Mr. Speaker. This is a Demo- cratic Bill. At a very sensitive time, I'd like to present ah.. the merits of 3741 which has broad nonpartisan support from DuPage County which also had that same kind of support in Judiciary I and passed out at a.. a ah.. thirteen to nothing ah.. score. It is a Bill which deals with the pro- blem of maintaining a Forest Preserve in DuPage County which GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  was donated to the ah.. Forest Preserve by the State of Illinois. But, in our passing a piece of legislation last year, we circumvented what was at that time a covenant in the title which prohibited roads going through the Forest Preserve. Now, what I ask is that we ah.. repeal that pass Law, restore the covenant..... Mr. Speaker, ah.. judging from the temperament of the crowd, might this be taken out of the record for awhile, please?"

"Well ah.. the gentleman has ah.. asked leave to have the Bill taken out of the record. Is there objection? Okay. We'll take the Bill out of the record. The gentleman from ah.. Union, Mr. Choate."

"I want to clarify one point, Mr. Speaker. Ah.. in the conversations that we have had, we've been as- sured that all Members would have an opportunity to have a call on a particular piece of legislation that they might be interested in. This Bill of Representative Schneider's would still fall in that category, I assume, that it would be called before we get out of this part of the cutoff date. Would it not?"

"Well, as it now stands, the ah.. unless there's a further suspension of Rule, all non-exempt Bills will be dead at 12:00 o'clock tonight. And, I.. I.."

"He would have an opportunity to have this Bill through?"

"Well, alright.. We're.. We're trying to call these Bills as fast as we can. And, you know, it's GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  178. been the policy of the Chair ah.. that once matters have gone onto postponed consideration or have been taken out of the record, I usually give everybody else a shot to start their Bills on Third Reading before I go to Bills that have been taken out of the record or are on postponed consideration. Then, I go to those matters and bring them up. So, it might be at some later point tonight ah.. when..."

"The only thing that I was suggesting so that Representative Schneider would be absolutely certain is that he would have an opportunity to have a Roll Call on the.. on the Bill."

"I don't think that I can... I don't think that I can, you know, make the Chair's position any clearer than I just have. I do intend to ah.. to go to all of these Bills that the Members have asked to ah.. to be selected, I mean ah.., to be called ah.. for a vote. The gentleman from Cook, Mr. Hyde.".

"Well, Mr. Speaker, Ladies and Gentlemen of the House, I just want to comment that one of the least attrac- tive features of this Body is the ah.. ah.. tactic that occurs ah.. once in awhile and I've seen it happen more than I'd like to see it happen where ah.. because of a pique at the Speaker or someone else, ah.. a Member, who has worked very hard to get a Bill up, and a Bill that ought to pass on its merits is victimized ah.. because of the anger and dismay that some of the Members have against the Speaker. Now ah... if you have a quarrel ah.. or a complaint, I think, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  the complaint ought to be directed to the party ah.. against whom the complaint is lodged. But, good Bills ought not to be lost because it's self-defeating and it works both ways. And, the result is a total frustration of ah.. the legisla- tive process and ah.. if your complaint is that the Members have gone home, that again, is no one'sfault. Every one is paid the same salary to be here and to be in your seat and to vote. And, I think, that is ah.. very unfortunate. But, to take out your spleen on a Member's Bill ah.., to me, is ah.. beneath the dignity of ah.. of ah.. an elected Re- presentative to ah.. to this House. Now, Representative Wolf's Bill was an excellent Bill. But, because tempers flared, ah.. he was punished. And now, the disposition is, obviously, to punish Representative Schneider. And, this could go on and on and all it does is degrade the processes of this House. And, I ah.. ah.. I regret it and I don't want to be a part of it."

"Alright.. The gentleman from ah.. Du- Page, Mr. Schneider has asked ah.. now that the Bill be left ah.. on.. on the call. And, it is on the Board. So, do you want to continue with your explanation of the ah.. of the.. For what purpose does the gentleman from Cook, Mr. Duff, rise?"

"Parliamentary inquiry, Mr. Speaker."

"Yes."

"Ah.. haven't.. It was my intention ah.. to ah... if Representative Wolf wanted, to ask ah.. that that vote GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  180. taken on his Bill be reconsidered. And, at this particular point in time, since ah.. since Representative ah.. Schneider had asked ah.. leave to take his Bill out of the record and no business having been conducted since ah.. Representative Wolf's Bill ah.. was called, I was going ah.. to ask if it were out of the record and not postponed, we were then still right on the tail of Representative Wolf's Bill, and if I could, would make a move to reconsider that vote."

"Well ah.. under the provisions of Rule 73a, a Member who voted on the prevailing side on a recorded vote on a Bill still within the control of the House may on the same day move to reconsider the vote. So, I'd suggest that we do have another matter that, at this time, is ah.. pending before the House. And, that is 3741. I think we ought to dispose of that before we ah.. go back to the gentleman's motion to reconsider. Well, now wait a minute. The gentleman from ah.. Cook, Mr. Schneider, was ah.. ex- plaining his vote when he asked that it be taken out of the record. So, if you want.. You have ah.. any further ah.. remarks? Alright.. Proceed."

"Ah.. very briefly then after ah.. having, I think, explained ah.. the ethnics of the Bill. Ah.. final- ly, I would like to point out that the Forest Preserve in- volved is eighty acres of ah.. virgin ah.. forest and ah.. shrubbery and plant life andsoforth which ah.. a road that the County would build would destroy a portion of it. And, connect that road to route 56 which is twenty-second street GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  that goes into Chicago. But, it appears to me that there is already a road there which is a parallel road to it and I don't think it's an essential road. So, what we're doing, in effect, is trying to preserve the forest area ah.. and not allow roads to be built through there. Indeed, it is in violation of the Company in which.. in which the land was obtained in the first place. So, I do solicit your support ah.. for 3741."

"The ah.. gentleman from ah.. DuPage, Mr. Philip."

"Yeah, Mr. Speaker and Ladies and Gentlemen of the House, I'm going to get up and speak against the House Bill 3741. Because, unforunately, some peoples emotions have overcome their good judgement. And, what this boils down to is that there is a road between Belleau Wood and Cantigny. Cantigny is a tributary and Belleau Wood is one of our Forest Preserve Districts. Now, what they want to do is relocate this road. Now, both Belleau Wood and the Board of Directors of Cantigny are for this. We feel it would be good to have one continuous so called Forest Preserve Property. Also St Francis Catholic School which is on the, if I remember cor- rectly, the East Side, now exits. and enters on Roosevelt Road which is a very heavy traffic highway. And, they would like to have their exit and entrance on the new road. Now, the Forest Preserve has come up with three Plans at the first crack, now, they have five Plans. Of these five Plans, Plan D is the Plan that they want at this point which takes the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  least amount of property, 1.2 acres, takes the least amount of trees, I think they're going to take between twelve and fourteen trees. When they tear up the old road, they're going to replace it with in the area of seventy-five to a hundred new trees. The cost on Plan D is in the area of $309,000. The other Plans were in the area of ah.. $600 to $700,000. This Plan or Proposition on Plan D has been en- dorsed by the City of Winfield, by the City of Naperville, by the Nottingham Road Commissioners and it just... it is a ridiculous situation and has gotten way out of hand. As I say, some of these people, when you take down eight, ten, twelve trees, you're creating a national disaster. Well, I'm not for taking down trees either. But, with that position, you'd never take down another tree and never build another house. You'd never have any kind of progress. And, as I said once before, this is peoples emotion overcoming their good judgement. And, I certainly would suggest and hope that the people involved in DuPage County will know what's going on. I ask for your 'no' vote."

"The ah.. gentleman from ah.. DuPage, Mr. Schneider."

"I'd like to respond ah.. in part for the need of the road. Once again, it's going to take a little patience on the part of the Members because DuPage County is not, of course, an area that you're all familar with. The road which is County Farm Road, which if it ran directly South, would, of course, split the Forest Preserve. That is GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  now, of course, one of the Plans. However, let me explain to you that Winfield Road which is West, one mile West of Belleau Woods which runs South parallelling Cantigny and exits.. and exits at Warrenville Road, ah.. is adequate roadway for the needs that ah.. the County Board has not yet explained. If you were to run a road as any of those Plans are described, what happens is that the road would come through the woods in some portion of it and it would exit on Warrenville Road exactly one mile East. So, what you're doing is running a road through the Forest Preserve that you don't need and saving one mile which you could make up for on a road that already exists at Winfield Road and Roose- velt. Now, what I'm suggesting is that it's an unnecessary road. And, I think that we are talking about saving money. The County is willing to spend a quarter of a million dol- lars to build a road it doesn't need. And, it is also in- volving St. Francis by ah.. promoting an issue of safety. Well, to that effect, I've already contacted the Highway De- partment about the access of Roosevelt Road and St. Francis. They have agreed to look into the matter immediately. In fact, I could say if you would call Mr. Handley at the High- way Department, he would confirm that. And, he is already in contact with Elgin, the Central Office for DuPage. So, I think that safety issue is a red herring, of course. The ne- cessity for the road is not need... is not there. Ah.. the people who rose up in opposition to the Bill ah.. in opposi- tion to running a road through Belleau Wood seemed to me to GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  be a group that was not promoted. It was a spontaneous ef- fort. Thousands of people gathered in the woods to protest their ah.. the valuable trees which, in some cases, are two hundred and three hundred years old. They have been described as a member of the Moore Arboretum as irreplaceable ah.. for DuPage County if, indeed, not in the Midwest. And, I think those are worth preserving. So, I don't think that we ought to discourage people from donating their property for public purposes. I don't think that we ought to blatantly run a highway through there. And, I think what was said yesterday in support of 4396, that pretty soon DuPage County is going to be all concrete and cement. Now, all of a sudden, he's willing to be in a position to support concrete and cement in place of open spaces in DuPage County. I think that in order to ensure some open spaces, some valuable trees, save some money and ah.. meet the responses of the State Legis- lature ah.., we ought to respond to the people of the County and support this legislation. So, I solicit your 'aye' vote."

"Ah.. any further discussion? Huh.. The gentleman from DuPage, Mr. Hudson."

"Well, Mr. Speaker and Ladies and Gentlemen of the House, it's very seldom that I rise to particularly to take any exception to my County Chairman. But, it does seem to me that there may be a matter of principle involved here. In 1965, the State of Illinois did deed over this land. You have a Bill before you but, it conveys in quit claims to the Forest Preserve District of DuPage County all its rights, 184. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  185 title and interest in the following and the was the piece of land that we're talking about. But, it goes on to say, 'that when this was done that the said parcel of real estate shall be preserved substantially in its present natural state for recreational and park purposes. And, no improve- ments of any kind shall be placed upon said parcel'. And, this held until last year when we made one exception and that was we could build roads through it. Well, I would sub- mit that if we can do this, if a Forest Preserve District can do it in this case, it can do it in other Forest Pre- serve Districts in DuPage County. Now, I did not vote for a Bill yesterday that came before here.. that came before us to raise the bonding power of Counties below 300,000 in population from one and a half percent to one percent to purchase more Forest Preserve land and to do this without referendum. On the basis of principle, I could not support that Bill because I don't think that's what the people back home would want me to do. But, the Bill passed. But, my point here is that if we're going to do this, I think that the people are being taxed, bonding powers are being raised and they're being taxed ah.. subsequently with the under- standing that these lands purchased for Forest Preserve Dis- tricts are being purchased for that purpose. That's what they think they're doing. And, I'm wondering if we don't have a moral obligation to.. to honor this understanding. Otherwise, we'd better tell the people, when they're taxed for Forest Preserve lands, that we really don't mean it. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  186 What we mean is, if we want to build roads through them, we'll build roads through them and put houses in them or whatever. So, I am supporting ah.. Representative Schneider in this case."

"Ah.. the gentleman from Cook, Mr. Carroll."

"Thank you, Mr. Speaker, Not being from DuPage County, but ah.. being a Member of the Judiciary Committee, this Bill had ah.. several hours appearing on several different occasions, probably one of the most com- plete hearings that had occurred in that Committee in ah.. the last Session. And, we had both the opponents and pro- ponents come in and give their sides in very great detail. I think two things are.. are important here. Not only the fact that there is other Forest Preserve Land which would make it the type of Bill that we should be supporting but we did have a question of a covenant in the deed when this land was originally given to the State and then given to a Forest Preserve District. I don't think that we should be taking a position of discouraging anyone from giving a gift to the State and of having an open land used type policy. I think that would... It should be cleared by this Body's action in supporting this Bill that we are going to give good faith to those people who are kind enough to us as to give land to the State and give land to the Counties and give land to the Forest Preserve Districts. I think we all should be supporting a Bill like this." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Hon. W. Robert Blair: "Alright.. The gentleman from Cook, Mr. Yourell."

"Ah.. would the gentleman respond to ah.. a question?"

"Yes, he indicates he will."

"Ah.. Representative Schneider, how many Repre- sentatives from DuPage County are presently sitting in this House?"

"I think we have ah.. six."

"How many of the six are in support of this Bill?"

"I'm counting on five."

"Thank you."

"The gentleman from ah.. DuPage, Mr. Philip, for what purpose do you rise?"

"And, I'm going to tell you why I'm the only one because I'm not a coward. I've received a lot of mimeographed mail that's passed out and people mail it to me. They sign their name, you know, that typical mail out stuff. They don't know the facts. And, everybody has been bombarded and I've been bombarded. But, I'll tell you one thing, I'm right and I know I'm right. And, everybody that's been there. The.. The priests at St. Francis want it. Naperville wants it. Warrenville want it. Everybody wants it. But, these guys have got one issue, we're cutting down twelve cotton-pickin trees. But, we're going to be planting about a hundred trees to make up for it. The old road that we're tearing GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  down is going to replace more property to the Forest Preserve than the acre and a half that we're taking. And, I'm not a coward and I'm going to vote. And, I hope that the thing gets defeated."

"Okay. Would the gentleman from DuPage, Mr. Schneider, care to close?"

"Ah.."

"Wait a minute.. Wait a minute.. The gentleman from DuPage, Mr. Hoffman."

"Mr. Speaker and Ladies and Gentlemen of the House, ah.. I just rise to indicate that ah.. I'm in support of this legislation. The last speaker made some reference to the fact that he is not a coward. I don't think anyone ever questioned that. I hope that there was no implicit direction in that remark that those people who were supporting this Bill from that County were."

"Alright.. Now, does the gentleman care to close?"

"A favorable Roll call, Mr. Speaker."

"Alright.. The question is, 'shall House Bill 3741 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will call the record. Roll... The gentleman from ah.. DuPage, Mr. Schneider."

"Poll the Absentees, Mr. Speaker."

"Poll the Absentees."

"Anderson.. Bluthardt. Borchers.. Brenne.. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  189. Brinkmeier.. Burditt.. Calvo.. Capuzi.. J. Y. Carter.. Chap- man.. Colitz.. P. W. Collins.. Conolly.. R. D. Cunningham.. W. Cunningham.. Day.. DiPrima.. Dyer.. Fleck.. Flinn.. Gibbs.. Graham.. Granata.. Hamilton.. Hanahan.. Harpstrite.. Hart.. Hirschfeld.. Houde.. Jacobs.. Jones.. Juckett.. Kahoun.. Karmazyn.. Kleine.. Klosak.. Laurino.. Lauterbach.. Lehman.. Lindberg.. M. J. Madigan.. McAvoy.. McCormick.. McDermott.. McDevitt.. McGah.. Meyer.. K. W. Miller.. Moore.. Murphy.. G. M. O'Brien.. Palmer.. Pappas.. Randolph.. Regner.. Ropa.. Rose.. Schoeberlein.. Sevcik.. Shapiro.. Simmons.."

"Simmons.. 'no'."

"W. T. Simms.. I. R. Sims.. Springer.. Stone.. Taylor.. Telcser.. J. W. Thompson.. R. L. Thompson.. Tuerk.. Wall.. R. A. Walsh.. Walters.. Washburn.. Williams.. Zlatnik.. Mr. Speaker.."

"The gentleman from Madison, Mr. Calvo."

"Mr. Speaker, I believe that my name was called in the absentees. I'd like to vote 'aye'."

"Record the gentleman as 'aye'. The gentleman from ah.. Cook, Mr. Fleck.. How's the gentleman recorded?"

"The gentleman is recorded 'not voting'."

"Record the gentleman as 'aye'. The gentleman from ah.. Sangamon ah.., Mr. Gibbs.. How's he re- corded?"

"The gentlman is recorded as 'not voting'."

"Record the gentleman as 'aye'. Have all.. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  Have all voted who wished? On this question, there are 89 'Ayes', 13 'Nays'. Alright.. For what purpose does the gentleman from ah.. DuPage, ah.. Mr. Philip, rise?"

"Verification."

"Alright ah.. The Members will.. The Members will be in their seats and the ah.. Clerk will pro- ceed to verify starting with the affirmative Roll Call."

"Alsup.. Arrigo.. Barnes.. Barry.. Berman.. Boyle.. Bradley.. Brandt.. Brummet.. Caldwell.. calvo.. Campbell.. Capparelli.. Carrigan.. Carroll.. R. A. Carter.. Choate.. Clabaugh. 0. G. Collins.. Corbett.. Craig.. Davis.. Douglas.. Downes.. Duff.. Epton.. Ewell.. Fary.. Fennessey. Fleck.. Friedland.. Garmisa.. Gibbs.. Giorgi.. Glass.. Hall.. Henss.. Hill.. G. L. Hoffman.. Holloway.. Houlihan.. Hudson.. Hunsicker. Jaffe.. Janczak.. Katz.. Keller.. Kennedy.. Kipley.. Kosinski.. Krause.. Lechowicz. Lenard.. Leon.. Londrigan.. E. R. Madigan.. Mann.. Maragos.. Markert.. Matijevich.. McClain.. McLendon.. McPartlin.. Merlo. Nowlan.. D. J. O'Brien.. O'Hallaren.. Pierce.. Rayson.. Redmond.. Scariano.. Schisler.. Schlickman.. Schneider.. Shea.. Smith. Soderstrom.. Stedelin.. Terzich.. Tipsword.. Von Boeckman.. Waddell.. W. D. Walsh.. G. Washington.. H. Washington.. R. J. Welsh.. F. C. Wolf.. B. B. Wolfe. Yourell.."

"The gentleman from DuPage, Mr. Philip."

"Representative Krause?"

"He's there."

"E. R. Madigan?" GENERAL ASSEMBLY STATE.OF ILLINOIS

HOUSE OF REPRESENTATIVES  Hon. W. Robert Blair: "He's there."

"Scariano?"

"He's here."

"Lee Rayson?"

"How's the gentleman recorded?"

"The gentleman is recorded as voting 'yea'."

"Well, he's not in his seat and I don't see him on the floor. So, take him off the record."

"Von Boeckman?"

"Von Boeckman.. How's the gentleman re- corded?"

"The gentleman is recorded as voting 'yea'."

"Well, he doesn't seem to be in his seat. So, take him off the record."

"DiPrima?"

"How's the gentleman recorded?"

"The gentleman is recorded as 'not voting'."

"Brinkmeier?"

"He's there."

"Bartulis?"

"How's the gentleman recorded?"

"The gentleman is recorded as voting 'nay'."

"Leave him there. O. G. Collins?"

"How's the gentleman recorded?"

"The gentleman is recorded as voting 'yea'."

"Take him off the record."

"Representative Barry?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES

192 James Philip: "Representative Caldwell?"

"Wait a minute ah.. You're.."

"R. A Carter?"

"Now, wait a minute. How is Barry re- corded?"

"The gentleman is recorded as voting 'yea'."

"Well, he's not in his seat and he's not on the floor. So, take him out of the record."

"Representative Ewell?"

"How's the gentleman recorded?"

"The gentleman is recorded as voting 'yea'."

"Put Toby back. Put Barry back on. And, take Ewell off."

"Representative Ike Sims?"

"How's the gentleman recorded?"

"The gentleman is recorded as'not voting'."

"Representative Holloway?"

"He's there." The gentleman from DuPage Mr. Schneider."

"Looks like the fallout is heavy, Mr. Speaker. I'd like to postpone consideration with leave of the House."

"Alright.. Does the gentleman have leave? Postponed consideration. Alright. Placed on postponed con- sideration. The gentleman from Cook, Mr. Yourell."

"In attempt, Mr. Speaker, to restore some sta- bility, a sense of stability to the House proceedings and GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  193 having voted on the prevailing side, I would now move to reconsider the vote by.. by which the ah.. which House Bill 3784 failed to pass."

"Alright ah... The gentleman has moved to reconsider the vote by... Alright ah.. You didn't vote on the prevailing side, so you ah.. under the rules, can't make that motion. The gentleman from ah.. Cook, Mr. Juckett."

"Mr. Speaker, having voted on the prevailing side, I move that the vote by which this Bill was defeated be reconsidered."

"Alright.. The gentleman has moved that the vote by which ah.. House Bill 3784 lost be reconsidered. All those in favor will vote 'aye', and the ah.. opposed 'nay'. Alright.. The Clerk will take the record. On this question, there are 110 'Ayes', and no 'Nays', and the Bill having received the required number of votes is hereby de- clared reconsidered. Alright now, we're back on the... The gentleman from ah.. Cook, Mr. J. J. Wolf."

"I was wondering if I could have leave for the same Roll Call on the Bill?"

"Alright now.. The gentleman ah.. Well, we're out of Roll Call sheets, Jake. I'm sorry. Alright.. We'll be at ease here for just a minute here while they re- load the machine. For what purpose does the ah.. gentleman from ah.. Cook, ah.. Mr. Scariano, rise?"

"This is just a joke to reload the House."

"The gentleman from ah.. Cook, Mr. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  Schlickman."

"Mr. Speaker, if I may, while we have time, on the Calendar at the order of motions is a motion with regards to House Bill 1.. 1205, 1206 and 1207. This motion was filed in January, but since then, two of the Bills were reported out of Committee. At this time, Mr. Speaker and Ladies and Gentlemen of the House, I would ask leave to have that motion withdrawn."

"Alright.. Does the gentlman have leave ah.. the motion with respect to 1205, 1206 and 1207. Okay.. Hearing no objection, those.. that.. the motions with re- spect to those Bills will be withdrawn. The gentleman from Cook, Mr. Palmer."

"Mr. Speaker, under the order of.. under the.. on the Calendar under motions, appears ah.. ah.. some mo- tions, House Bill 2536 and 22 or through 2546. I would like to ask leave of the House to.. to withdraw those motions."

"Alright.. Is there objection? Hearing none, the gentleman ah.. withdraws his motions with respect to House Bills 2536 through 2546. The gentleman from Cook, Mr. Fary, for what purpose do you rise?"

"Under considerations postponed, third reading, this House Bill 3671 and 3672, which I am the Chief Sponsor, I'd like to table them both because we have substitute Bills for them."

"Alright.. Does the gentleman have leave to table those two Bills. Hearing no objection, they'll GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  be tabled. The gentleman from Cook, Mr. Berman, for what purpose do you rise?"

"Ah.. Mr. Speaker, I would like to ask for leave to table House Bills 2510 and 3728, two Bill of which I am the principal Sponsor."

"Alright.. Does the gentleman have leave? Alright.. Those Bills will be tabled. The gentleman from Cook, Mr. Hyde."

"Mr. Speaker, I would ask leave to table ah.. House Bill 4494, which is ah.. on the order of Third Reading. I am the Chief Sponsor."

"The gentleman from ah.. Alright.. Does the gentleman have leave? Alright.. Those Bills will be tabled. The gentleman from Cook, Mr. Burditt."

"Ah.. Mr. Speaker, may I have leave to table House Bill 1973 and House Bill 2854 of which I am Chief Sponsor?"

"The gentleman from ah.. Alright.. Does the gentleman have leave? Alright.. That Bill will be tabled. The gentleman from Cook, Mr. Palmer."

"Mr. Speaker, I'd like.. ask leave to table House Bill 2407 under consideration postponed and also 2218 on the order of Third Reading today."

"Alright.. Is there any ah.. Leave granted.. Okay. We'll table those. The gentleman from ah.. Cook, Mr. Rayson."

"Mr. Speaker, I would ask leave of the House GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  196. to ah.. table House Bill 765 and House Bill 1161 on post- poned consideration of which I am the Chief Sponsor."

"Alright.. Is there leave? Those Bills will be tabled. The gentleman from Cook, Mr. Scariano."

"Mr. Speaker, I seek leave to withdraw as a Sponsor to House Bill 767. I've notified the Sponsor."

"Alright.. Does the gentleman have leave? Take him off the Sponsor.... The gentleman from ah.. Cook, Mr. Duff."

"Mr. Speaker, ah.. as a Sponsor of House Bill 1587 on consideration postponed, I move to table."

"Alright.. The gentleman have leave? Alright.. Those Bills will be tabled. The gentleman from Marion, Mr. Stedelin."

"Mr. Speaker, I would like to have permis- sion to table 2909 and 2910 which I am the principal Sponsor."

"Does the gentleman have leave? Alright.. Those will be tabled. Alright.. Now, we're.. For what pur- pose does the gentleman from McHenry, Mr. Hanahan, rise?"

"Mr. Speaker, I was going to ask a parlia- mentary inquiry that what procedure do we have if we could send my seat-mate here, Ivan, out to rustle up some of the absentee legislators? Maybe.. Maybe they'd know that this House is still in Session. Ivan has a free moment or two here."

"The gentleman from ah.. Cook now ah.., Mr. J. J. Wolf, ah.. we're on his Bill now, the vote by which GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  197. it lost having been reconsidered. So, the question before the House is, 'shall House Bill 3784 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. Houlihan.. Terzich and Kosinski.. 'aye'. Douglas.. 'aye. On this ques- tion, there are 113 'Ayes' and no 'Nays'. Ron Hoffman.. 'aye'. 114. And, this Bill having received a Constitution- al majority is hereby declared passed. House Bill 4.. 4550."

"House Bill 4550, a Bill for an Act to amend 'The School Code'. Third Reading of the Bill."

"The gentleman from ah.. Cook, Mr. Mara- gos."

"Mr. Speaker and Members of the House, this, I hope, is going to be a non-controversial Bill. And, be- cause it only affects the City of Chicago and what is does will not increase anybody's taxes Downstate. And, it only.. It's a permissive Bill to the Board of Education of the City to have a supplementary budget, if the availability of a later assessment by virtue of additions to the tax rolls or increase in assessments made by the County Assessor take place. 'The School Code' now permits the Board of Education to adopt a supplemental budget to provide for the utiliza- tion of additional tax revenues that can accrue to Chicago after the adoption of its regular budget in January. When a new multiplieris established by the Department of Local Government Affairs which will produce additional revenues with supplemental budget. However, sometimes, there's also GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  increases in assessments and assessed evaluations. And, because the Chicago Board of Education differs from other School Districts in that they have a calendar year, fiscal year instead of the July 1, it would put them in the same position that most of the other School Districts are in the State of Illinois. This will not cost anything Downstate. And, I would like.. ask for your favorable vote."

"The gentleman from Cook, Mr. Juckett."

"Mr. Speaker, will the Sponsor yield to a question or two?"

"He indicates he will."

"Could this Bill result in additional real estate taxes for the residents of Chicago?"

"That is a 'if' question. It could in a sense that any taxes.. when they.. when the assessed evalu- ation would be up, would, but not necessarily because of this Bill."

"Well, if they're asking for a supplemental budget, then, it would mean that they were asking for more money to spend. Isn't that correct?"

"That's right. If they have more money to spend, that's true."

"And, is the..."

"It's only for the citizens of the City of Chicago, you understand."

"Right... And, if they were asking.. if they were able to pass a higher budget, which is, what I think GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  you're after here, to take advantage of either higher assess- ments or a higher multiple. Wouldn't this, in fact, mean higher real estate taxes?"

"Depending on the rate and the assessment. But, Mr. Shea wants to ah.. say something in that regard, then I, at this time, yield the floor to Mr. Shea, Mr. Speaker."

"The gentleman from ah.. Cook, Mr. Shea."

"Ah.. Mr. Juckett, I.. maybe I'm a little con- fused. But, what has happened is that, through the policy of the Assessors Office, there's been some reassessment and some additional assessed evaluation added. And, all the Board is asking to do is to open up its budget and have use of the amount that it will raise and the additional assessed evaluation. They make their budget based on the old.. Their budget estimate is based on the old assessed evaluation and the current rate. Now, the rate doesn't change and it will produce more money. But, the only way that they can get to utilize those funds is if they open up the budget and amend it to include the additional income they will receive."

"Well, thank you. I think that you've answered the question that it will result in higher taxes overall, not necessarily to an individual taxpayer, but high- er income to the Board of Education."

"It.. It will increase the income to the Board of Education. And, whether we act or not, the additional income will be there. But, this Bill will allow them to GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  utilize this additional income in this fiscal year."

"Well,. Mr. Speaker and Ladies and Gentlemen of the House, the increase of an assessment in real estate property, if the same rate applies overall and the School Board is allowed to go back and reopen, all it means is that that higher increase in assessment will not, at any way, aid the small homeowner or the small business owner. But, what the School Board of Chicago wants to do is open it up so that they can get every single penny available and who are not willing to pass it on to the small homeowner. Be- case if an additional tax or tax base comes on, this could reduce the overall tax burden to the little guy. But, I guess they just want to soak it to the little guy, the big guy and everybody else along the way. And, I think that they ought to be satisfied with one budget and figure out what's best for the kids on a program basis and not what's best for them on an assessment basis. And, I think you should vote 'no'."

"Further discussion? Would the gentle- man care to close? The gentleman from Cook, Mr. Maragos."

"Mr. Speaker, Members of the House, this does not necessarily mean that there will be an increased tax bill. What it means, the fact that they can.. because of the assessed evaluation changes and the Board of Educa- tion of Chicago, and you listen very carefully, has to have its budget around January of each year. The assessed evalua- tions and the multipliers do not come into effect til April GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  or May of the year following.. the few months following. Whereas, most other School Districts through the State are on the fiscal July 1 - June 30th, therefore, they've had an opportunity to know what their assessed evaluation is. They can place and set up a budget which is concomitant with that assessed evaluation. We are hoping, eventually, that the Board of Education of Chicago will also have an assessed evalua.. a calendar year, a fiscal year rather on July 1. But, because we do not have that, because we have an anach- ronistic budget, a fiscal budget year, we have to, therefore, add these supplementary budgets. This, by the way, will give and prevent the school kids, for many of them, of get- ting some of the things that they are missing now. We need it desperately. We need nine and half to ten million dol- lars what this is going to raise by the ability for this.. the.. this Board to be able to borrow the money and tax anticipation warrants are helpless in September and.keep those schools open. We have dire stress and dire problems. And, I ask your support. And, it will not necessarily in- crease any ah.. ah.. budget or any tax bills because that depends on the rate and other factors which will come into effect the following year. So, I ask your favorable vote."

"Alright.. The question is, 'shall House Bill 4550 pass?'. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? The Clerk will take the record. Does the gentleman have leave to postpone? Alright.. Placed on the order of postponed con- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  sideration. Alright.. With leave of the House, we'll go back to Second Reading. Read House Bill 4455."

"House Bill 4455, a Bill for an Act to amend Section of the 'Illinois Insurance Code'. Third Reading of the Bill."

"The gentleman from ah.. Cook, Mr. Miller."

"Want to ah.. have it ah.. advanced to Third Reading, Mr. Speaker. No Amendments."

"The Calendar shows. The Calendar shows an Amendment."

"The Amendment was passed.. was voted upon. Move for the adoption of the Amendment then if.. Committee Amendment."

"A Bill for an Act to amend the 'Insurance Code'. Second Reading of the Bill. One Committee Amendment. Amend House Bill 4455 on page 1, line 1 by deleting the word 'Sec- tion' and insertin in lieu thereof 'Sections 409 and'; and- soforth."

"Move the adoption. Committee Amendment."

"The gentleman from.. Yeah.. Alright.. Any 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. With leave now, we'll go to Resolutions. Agreed Resolutions."

"House Resolution 638, Bradley. House Resolu- tion 639, Meyer. House Resolution 640, Rose, et.al. 641, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  203 Holloway, et.al. 642, Fary, et.al. 643, Laurino, et.al. 635, Bradley. 645 rather. 646, Timothy Simms, et.al. 647, Hirschfeld. 648, Williams, et.al. 649, Tuerk and Day. 650, Tuerk and Day. 652, D. J. O'Brien, et.al. 653, Sim- mons, et.al. 654, Hirschfeld. 655, J. J. Wolf. 656, Gar- misa, et.al. 657, Downes, et.al. 658, Springer." Hon. W. Robert Blair: 'The gentleman from Cook, Mr. Hyde."

"Mr. Speaker, the Agreed Resolutions are as follows: House Resolution 638, congratulates Miss Kathleen Jarrett on her forty-two years of achievement in the field of Education. House Resolution 639, congratulate Miss Mary V. Segina of Chicago of her being crowned 'Miss Croatia'. House Resolution 640, is a memorial ah.. to Orville N. Fore- man of ah.. of Jacksonville, Illinois. House Resolution 641, ah.. congratulates S. R. Faris of Winchester, Illinois. House Resolution 642, congratulates Sister Mary ah.. Juventia, a member of the Order of Felician Sisters. House Resolution 643, congratulates and commends Jeffery Yourell upon his completion of a one year tour of active military duty in Viet Nam and returned home to his family just this week. House Resolution 645, congratulates sportswriter, Fred Young for his fifty years of outstanding service on the Bloomington Pantagraph. House Resolution 646, is a memorial to Herman W. Rosander, the father of ah.. Senator Bertil Rosander. House Resolution 647, congratulates Father Williams and wishes him well, the Pastor of St. Malachy's Church in Rantoul. House Resolution 648, ah.. asked The GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  204. Historic Sites Survey to be undertaken to study the.. and evaluate the significance of Woodlawn Cemetery and to make a report as to whether or not it shall be placed in the National Register ah.. of the National Park Service. House Resolution 649, congratulates Mrs. Emma Sieben on the.. on her retirement after forty-three years as a teacher. House Resolution 650, congratulates Miss Beulah Rock on the ah.. on her retirement as a teacher. House Resolution 652, con- gratulates Kenneth W. Sain upon his appointment of Deputy Mayor of the City of Chicago. House Resolution 653, is a memorial upon the death of James H. Rolston. House Resolu- tion ah.. 654, congratulates the Immanuel Lutheran Church of Tuscola upon its seventy-fifth anniversary. House Resolu- tion 655, supports the people of the captive nations in their ah.. unending quest for liberation. House Resolution 656, extends best wishes to House attendants, Angelo Digiacomo and Lythia Whitlow and ah.. for a speedy and complete re- covery. House Resolution 657, commends Maurice F. Radrizzi for his distinguished record as a public servant. And, House Resolution 658, is a memorial upon the death of John A. File. I move the adoption of the Agreed Resolutions."

"Alright.. The ah.. The question is on the adoption of the Agreed Resolutions. All those in favor say 'aye', opposed 'no', the 'ayes' have it and the Agreed Resolutions ah.. are adopted. Are there further Resolutions?"

"House Resolution 644, Cunningham. House Resolu- tion 651, Mann, et.al." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  205.

"Alright ah.. Put those to Executive Committee. Ah.. with leave of the House, we'll go back to Introduction and First Reading."

"House Bill 4670, a Bill for an Act to amend the 'Illinois Horse Racing Act'. First Reading of the Bill. House Bill 4671, a Bill for an Act to amend Sections of the 'Fair and Exposition Authority Reconstruction Act'. First Reading of the Bill. House Bill 4672, a Bill for an Act to amend Section 2 of the 'Cigarette Tax Act'. First Reading of the Bill. House Bill 4673, a Bill for an Act to amend an Act in relation to State finance. First Reading of the Bill."

"Ah.. yes. 4670 through 4673 I'll assign now to Revenue. The gentleman from ah.. Cook, Mr. Juckett.

"Ah.. Mr... Mr. Speaker and Ladies and Gentlemen of the House, I ask leave of the House to be able to post.. to suspend Rule 17 for the purpose of posting House Bills 4656, 57, 58, 59 and 60, which have to do with the new Comptroller's Office. And, also House Resolution 619 and House Resolution 651, which have to do with the Southeast Asian activities for the Executive Committee which will be meeting on Tuesday rather than Wednesday. Tuesday at 2:00 o'clock in Room M5."

"The gentleman from Union, Mr. Choate."

"I.. I believe I understood the gentleman to read a series of Bills that had to do with the ah.. imple- mentation of the new Comptroller's Office." GENERAL ASSEMBLY STATE OF ILLINOIS

HOUSE OF REPRESENTATIVES  Robert S. Juckett: "Well, it has to do with the policy for the Comptroller's Office."

"Is.. Is that not ah.. ah.. to be heard in Executive Committee, the request you made?"

"The Executive Committee, yes."

"It appears to me, Mr. Speaker, as ah.. one of the exempt statuses, the new Comptroller's implementation, I would think would go to the Constitutional Implementation Committee."

"Well, Mr. Speaker, they are.. Mr. Minority Leader, they were assigned to the Executive Committee and, if we don't hear them this time, we won't have time to get them out of the House and over to the Senate."

"I.. I realize that. I.. I'm simply saying, Mr. Chairman, that.. that it appears to me that they should be assigned to the Constitutional Implementation Committee, simply because they are Implementation Bills as far as the new Office of the Comptroller is concerned."

"Well, maybe I could clear the air on that since I assigned them to the Exec. Ah.. they are ah.. Bills that implement the Constitution, as far as being exempt is concerned. But, insofar as where I thought those Bills should be heard, since they do concern a State Policy, ah.. that they should be in Executive Committee. And, I ah.. have previously referred the ah.. Bills that came in from Mr. Lindberg on the same subject to the Executive Committee. So, I guess that they would all be heard in the same Commit- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  tee at the same time."

"Well, the Constitutional Implementation Com- mittee does not, then, have an opportunity to review the Bills other than as a individual Member of the House?"

"Right.. They are exempt as ah.. those Bill that implement the Constitution."

"I.. I.. I understand that, Sir."

"Okay. But, I did because of Policy..."

"But, I was only questioning ah.. our wisdom in not having the Constitutional Implementation Committee have an opportunity to review them as.. It appears to me that the Constitutional Implementation Committee is the one that was created to study all pieces of legislation that implements the New Constitution."

"Well,.. Well, I.. I think your point is well taken. But, I did put them in Exec. and..."

"And, I do believe that that's your preroga- tive."

"Does the gentleman have leave then to have all those heard? Okay. Read those Bills."

"House Bill 4674, a Bill for an Act to.. in re- lation to the State Comptroller. First Reading of the Bill. House Bill 4675, a Bill for an Act transferring functions of the Auditor of Public Accounts to State Comptroller. First Reading of the Bill."

"Alright. Those Bills are in Exec. and will be heard Tuesday. The gentleman from Union, Mr. Choate." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  208.

"Then ah.. did I understand you to assign House Bills 4674 and 75 to the Executive Committee?"

"Yes."

"And that, you have given us leave that those Bills will be heard next Tuesday also?"

"Yeap. We got leave from the floor. Those are the Bills that Pete asked that Rule 17 be suspended so that could be posted for hearing."

"Right.."

"So, they will be heard. Read these Messages. Alright.. We do have one request that the Members take a look at any of those Senate Bills that are on First Reading and. ah.. tomorrow in.. in perfunct ah.. why we'll have those read a first time that ah.. have a Sponsor put on them and ah.. and put into Committee. Alright.. the gentleman from ah.. Cook, Mr. Hyde, on the ah.. ad..on the House concurrence in the ah.. Senate adjournment ah..resolu- tion. Ah.. the Clerk will read the ah.."

"A message from the Senate by Mr. Wright, Secre- tary. Mr. Speaker I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint resolution, in the adoption of which I am in- structed to ask the concurrence of the House of Representa- tives, to-wit: Senate Joint Resolution 71."

"Ah.. Mr. Speaker, ah.. Ladies and Gentlemen of the House, this is the Adjournment Resolution ah.. and I'm going.. I'm going to move ah.. its adoption, as amended. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  209. And ah.., the ah.. important part of this Resolution for our purposes is that we will be back in Session at 11:00 Α.Μ. on Monday, May 21, 1972. Well, it says May.. Monday, May 21. Is it May 22? Alright.. Then, I'll change my copy and I assume yours is being changed. Now, it's really amended. Ah.. Alright, it's Monday, May 22nd, 1972, at 11:00 Α.Μ. Ah.. so I move adoption of the Senate Joint Resolution 71, as amended."

"Alright.. Did the gentleman from Union, Mr. Choate ah.. ah.. desire to ah.. have any ah.. suspension of the Rule which ah.. shuts off the ah.. non-exempt Bills today or shall we go ahead and adjourn?"

"I did think we did that."

"Did we? Well ah.. No.. To answer your question, no we have not. And, I thought maybe you just wanted to ah.. forget that."

"No. Lord, no."

"Alright.. The gentleman from Cook, Mr. Hyde will hold his ah.. motion on the ah.. ah.. con- currence, as amended, on the adjournment and ah.. move now to ah.."

"I move that we ah... that the provisions of Rule 32 (b), (c) and (d) ah.. ah.. be suspended to permit the hearing of non-exempt Bills on Third Reading on Monday."

"Alright ah.. All those in favor will vote 'aye', and the opposed 'no'. And ah.., we'll take a Roll Call vote. Have all voted who wished? The Clerk will GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES  take the record. On this question, there are 121 'Ayes', and 3 'Nays', and that motion ah.. to.. to suspend ah.. is.. is carried. Now, the gentleman from ah.. Cook, Mr. Hyde, renews his motion that the House concur in the Senate Joint Resolution for adjournment, as amended, so that we will be back here perfunct tomorrow at 9:30, regular Session at 11:00 A.M. on.. on Monday. And, you might mention what the Minority Leader ah.. and ah.. the Majority have agreed to ah.. with regard to Monday."

"Well, Mr. Speaker and Ladies and Gentlemen of the House, it has been agreed between the leadership of both sides that Monday is it. It will be the final day for ah.. hearing non-exempt Bills and ah.., when we do adjourn on Monday, there will be no more suspension of the Rules. This has been agreed to. So, if you have a Bill Monday ah.. or a Bill left over you want to have heard, stick it out Monday and it will be heard."

"Alright.. Alright.. All those in favor of the Adjournment Resolution say 'aye', the opposed 'no', the House stands adjourned until next Monday at 11:00 A.M. for regular Session tomorrow perfunct at 9:30 A.M." ADJOURNMENT AT 5:42 O'CLOCK P.M. 5/18/72 mes GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES