"The invocation this morning will be by Dr. Johnson."
"We Pray. Almight and eternal God, thank you first of all for going with us in our busy lives today. Give us your spirit to remind us that we are to fix our attention upon the things that are pleasing in your sight. Help us to be more concerned for the well-being of people than for personal gain or fame. Give us that spiritual nudge which will move us to be faithful to the trust which has been made ours, as we have sought political life. Make us a blessing to all whose lives we touch this day, and make our legislature a truly effective form of government, because we happen to be numbered among those chosen to sit in this Assembly. Restrain all evil and violence in our world, andlet people everywhere seek to live in Godliness and peace. We Pray, in the name of Christ. Amen."
"Roll Call for attendence. Messages from the Senate."
"Message from the Senate by Mr. Wright, Secretary Mr. Speaker - I am directed to inform the House of Representa- tives that the Senate has concurred with the House in the passage of the bill with the following title; House Bill 4084, 4090, 4103, 4133, 4197, 4247, 4433, 4468, and 4606. Pased The Senate June 26, 1972. Kenneth Wright, Secretary. Mr. Speaker - I am directed to inform the House of Representatives GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 2. The Senate has concurred with the House to pass the bill with the following title; House Bill 4614, passed the Senate June 26, 1972. Kenneth Wright, Secretary. Mr. Speaker - I am directed to inform the House of Representatives that the Senate has concurred with the House to pass the bill with the following title; House Bill 4615, 4616, 4617, 4678, 4779, 4683 passed the Senate June 26, 1972. Kenneth Wright, Secretary. Mr. Speaker - I am directed to inform the House of Representatives the Senate has concurred with the House in the induction of House amendment number one to a bill with the following title: Senate Bill 1475. Concurred in by the Senate June 26, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives the Senate has concurred with the House in the adoption of the following joint resolution, HJR 119. Concurred in by the Senate June 26, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives the Senate has refused to recede from their amendments the bill of the following title; House Bill 4427. I am further directed to inform the House of Representatives the Senate requests a committee conference to consist of five members of each House. Action taken by the Senate, June 26, 1972. Kenneth Wright, Secretary. No further messages."
"Conference Committee Reports. Conference Committee Reports, with respect to House Bill 4445. The Chair recognizes the gentleman from McLean, Mr. Hall." Harber H. Hall. "Ah...Mr. Speaker, ladies and gentlemen of the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 3. House, House Bill 4445 is a blood labeling bill. Ah...in the Senate a lengthy amendment was placed on this bill. We leave that as change should be included in the Senate amendment and ali...the conference committee did meet, and did prepare a small change to the ah...bill. And signed the conference committee report. And I move for adoption by the House." Hon. W. Robert Blair "Is there discussion? Question is; shall the House adopt the Conference Committee Report with respect to House Bill 4445. All those in favor will vote 'aye' and the opposed 'no'/ This is final action and requires 89 votes. Have all voted who wished? Clerk will take the record. On this question there are 118 'ayes', 1 'nay'. And the House adopts the Conference Committee Report, with respect to House Bill 3619, the Chair recognizes the Gentleman from cook, Mr. Glass." Bradley M. Glass. "Thank you Mr. Speaker. Ladies and gentlemen the conference committee, report to House Bill 3619 merely corrects three technical errors wherein a word was omitted! and there was one misspelling and one section number corrected. So I now move for approval of the conference committee report." "Is there discussion? Question is shall Hon. W. Robert Blair: the House adopt the conference committee report with respect to House Bill 3619? All those in favor will vote 'aye', and the opposed 'no. It requires 89 votes. All voted who wished? Clerk will take the record. On this question there are 111 ayes', no 'nays'. And the House adopts the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 4. conference committee report. Alright, concurrences. Ah... House Bill 2723. On which the Chair recognizes the gentleman from cook, Mr. Richard Walsh."
"Mr. Speaker, ladies and gentlemen of the House, as the members may recall, House Bill 2723 was passed last year in the House, and it was done to provide for ah... investement of state funds ah...on a more stable basis. So as to avoid peaks and valleys in the availability of state funds, the Treasurer is permitted to invest over a period during which he's know when funds were available, So state aid is to go to school districts on or before the 15th of the months unders amendment no. 1, adopted by the Senate. The ah..original House Bill would have provided state aid to go to school districts at any time during the month. Ah... Mr. Speaker, if I may ah...amendment no. 2....Ah....Mr. Speaker, Mr. Speaker, may I consider amendments no. 1 and 2 at the same time?"
"No, there's objection, so...."
"Alright, to get back to amendment no. 1. Ah... the amendment no. 1 provides the original bill, the bill as passed provided that state aid would be distributed as soon as may be after the first day of each month. Ah... amendment no. 1, in a sense, restricts that, provides that state aid be distributed on or before the 15th day of each month. The original bill was passed with the support of the ah...state Treasurer and the Governor. I would move the adoption or concurrence of amendment no. 1." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 5.
"Is there discussion? Question is shall the House concur in Senate Amendment no. 1 to House Bill 2723. All those in favor will vote 'aye', and the opposed no'. Requires 89 votes, for passage. Have all voted who wished? Clerk will take the record. On this question there are. 102 'ayes', no 'nays'. And the House concurs in Senate amendment no. 1. J. J. Wolf, 'aye'. Peter Miller 'aye'. Now with respect to amendme it no. 2 Gentleman from ah... cook, Mr. Richard Walsh."
"Mr. Speaker, ladies and gentlemen of the House, ah...amendment no. 2 was adopted in the Senate last week, and amendment no. 2 is in response to the situation which exists throughout the state as a result of the quadrennial reassessement, and delayed issuance of property tax bills. It would permit the Governor to issue...or to ah...to award state aid to pay state aid one month in advance. He can send state aid to the various school districts one month in advance and in that way, school districts can avoid the ah...issuance of tax anticipation warrants. This ah...the original bill was passed last year, amendment no. 2 was put on the bill in the Senate one week ago, and the bill passed the Senate without a negative vote. I would urege the concurrence of the House in Senate Amendment no. 2 to House Bill 2723."
"Any discussion? Gentleman from cook, Mr. Lechowicz."
"Thank you Mr. Speaker, will the sponsor of the amendment yield to a question?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 6.
"He indicates he will."
"Does this amendment give the discretion to the Governor as far as tranferring the school funds?"
"Ah...no it does not. The requirement for transfer is still there, Jiowever, it does permit the ah... Govem or to ah...the way it reads: 'The Governor may notify the Treasurer and the Auditor or the Auditor's successor, the Comptroller, to transfer one additional month.' In other words, he can payrone month in advance. You don't get any more than your entitled to, but rather than get it over ah... it would be an eleven month period, you always get two payments in September, you can get an extra payment, becauseof the fact of late issuance of tax bills, in some counties, McHenry, for example, the tax bills haven't been issued and ah... there just late throughout the state. So he's just permitted to give one additional month. A month in advance."
"Which month do they make the adjustment then?""
"Well, if you get...say you get the month of February, ah...in January, then you would get the month of March in February, and etc. You don't get any more than your entitled to, you compute the amount to which your entitled over the full year, and you just are not entitled to get...it would allocate, it would come out at the end of the year. The way it works out is that your entitled to ah...they divide it into twelvths, and you get two twelfth in September, and then one twelfths in each of the other ten months, except GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 7. August. So ah...which ever month you get in advance, you wouldn't get the next one."
"Alright, thank you."
"Further discussion? Question is on the adoption of Senate Amendment no. 1 to House Bill 2723. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? Clerk will take the record. On this question there are 120 'ayes', and 3 'nays'. And the House concurs in Senate Amendment no. 2, to House Bill 2723. Ah... House Bill 1464, on which the Chair recognizes the Lady from cook, Mr. Chapman. On your concurrence. Mr. Chap....I guess your mike is dead.
"Mr. Speaker, I move that we do not concur to Senate amendment 1, to House Bill 1464. The amendment ah...defeats the purpose of the bill."
"Alright, the Lady moves to non-concur in Senate Amendment no. 1 to House Bill 1464. All those in favor of the ladies motion say 'aye', opposed 'no'. The 'ayes' have it and the House does not concur. House Bill 3747, for which the Chair recognizes the gentleman from cook, Mr. Barnes."
"Mr. Speaker, members of the House, ah...House Bill ah...Senate amendment no. 1 to House Bill 3747 is agreed amendment which was drafted by the Secretary of State's office, and in conjunction with the Governor's office and I move that this House do concur with Senate amendment no. 1 to House Bill 3747." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 8.
"Is there ah.. further discussion? The question is shall the House concur in Senate amendment no. 1 to House Bill 3747. All those in favor will vote 'aye' andthe opposed 'no'. Have all voted who wished? Clerk will take the record. On this question there are 125 'ayes', no 'nays'. And the House concurs in the amendment. 3781, Gentleman from cook, Mr. James Carter."
"Mr. Speaker, and ladies and gentlemen of the House, This amendment, which has been added in the Senate is one which returns the bill to its original form, in so far as the Department that will carry out its work is concerned. Ah...it was original import of the original bill to transfer ah... these duties to the Department of Insurance, and it was found out that the Department of Insurance wanted additional $200,000 to do it, so therefore, this amendment merely. transfer's it back to the Secretary of State, where it has been done all these years, without any additional costs. I therefore, move concurrence in the Senate amendment."
"Alright, is there further discussion? Question is shall the House concur in the Senate Amendment? All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wish? Clerk will take the record. On this question there are 129 'ayes', no 'nays'. And the House concurs in the amendment. Concurrence on House Bill 3779. Gentleman from cook, Mr. Regner."
"Mr. Speaker, ladies and gentlemen of the House this is a bill that was the truth in selling bill on ah... sales of condominiums. Senate amendment just deleted a couple GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 9. of the items necessary to be given to the perspective buyer, and I am in agreement with this amendment. I would move to concur in Senate Amendment number 1 to House Bill 3779."
"Alright the....is there discussion? Alright, the question is, shall the House concur in Senate amendment number one to House Bill 3779. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? Clerk will take the record. On this question there are 120 'ayes', no 'nays'. And the House concurs in Senate amendment no. 1. House Bills third reading. House Bill 4664."
"House Bill 4664. An act to amend the School code. Third reading of the bill."
"Alright, the gentleman from Union has asked leave to have it returned to the order of second reading for purposes of offering an amendment. The clerk will read the amendment."
"Ah...amendment number one, Choate, Amend House Bill 4664 on page 5....."
"Gentleman from Union, Mr. Choate."
"Mr. Speaker, ladies and gentlemen of the House, this is an amendment that was agreed upon by the two chief sponsor, the Speaker and myself, as well as other people who have looked at the bill and made suggestions to us. The first thing the amendment does, it changes the date the Board assumes its full powers and duties, from August the 1st, of '74, to January of '75. This is to make sure that there is no five month period of conflicting rules and regulations. One is GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 10. set issued by Dr. Bikalis and the other by the new board. And it redefines the common schools to insure that the present area is covered by OSPI, and the Board of Vocation Technical Education are both covered. It changes inspect records of educational service regions to require records. This accomplish es the same purpose without making the board sound likeit doesn't know what its doing. And If somebody's standing behind them and looking over their shoulders. And it incorporates the functions of the board of Vocation and Technical Education into the new board. The Vocation Board will apparently not object to this merger and there are a few problems in combining the functions, but many sound administrative reasons why it should be done. Mr. Speaker, I would move for adoption of agreed amendment number one."
"Discussion? Gentleman from cook, Mr. Simmons."
"Would the Sponsor yield to a question?"
"He indicates he will."
"Ah...I don't notice any appropriation in this bill to administer it. Is there anything in the amendment to appropriate any money to ah...to administer this act?"
"Well, in as much as the...in as much as the board does not assume its full powers and duties, Representa- tive Simmons, until 1975, it was our feeling that we could fund it at a later date if so needed, because actually its not going to take its position until that time."
"Further discussion? Question is on the adoption of the amendment. All those in favor say 'aye', GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 11. opposed 'no'. The 'ayes' have it, the amendment is adopted. Are there further amendments?"
"Amerd ment number two, Choate, Amend House Bill 4664 on page 10, line 18 by inserting after the period the following: 'No jurisdiction andsoforth."
"Gentleman from Union, Mr. Choate."
"Now, Mr. Speaker, this is an amendment that. well I have mixed feelings about it. But its an amendment that attempts to completely erase politics out of the office of education. Because it simply says that the employees under the new board, or under the new OSPI chief will be of a bipartisan nature such as the merit system created under Governor Stevenson under the State Police. It simply says that they shall be coded employees, however, there shall not be more employees than 50% of one political party. And I think, Mr. Speaker, that this is an amendment that does remove all phases of politics from this educational office, and I would move for the adoption of this amendment. Amendment number two."
"Is there a discussion? All those in favor of the adoption of the amendment say 'aye', opposed 'no'. The 'ayes' have it. The amendmentis adopted. Are there further amendments? Third reading. Ah....Senate Bills third reading. Senate Bill 485."
"Senate Bill 485. Bill for an act to amend the Township Act. Third reading of the bill."
"Gentleman from cook, Mr. Moore." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 12.
"Thank you Mr. Speaker, ladies and gentlemen of the House. Senate Bill 485, Mr. Speaker, is a bill which does several things; one it grants to the county boards, on petition of three fourths of the voters in the area effected, specific authority to consolidate townships. The...it increases the minimum size of such changes to thirty six square miles, or at least a $6,000,000 assessed valuation. The new sections added to the bill require the county board, and I want to make it specific, this bill does not apply to the county of cook, it has not effect there whatsoever, to redistrict townships so that they will have, if there is a city or village of 25000 population or more, it must be a coterminous township. The Township must have at least $6,000,000 in assessed valuation, and contain not more than 126 square miles. The purpose of this bill, Mr. Speaker, is to ah... strengthen township government to the extent that a township will have an adequate tax base in which to perform their functions. It is estimated that there may be about 500 townships involved in the state. The county board, by the November election in 1974, where there are townships of this nature the small fractional townships, shall redraw the township lines and submit it to a referendum of the ah... of the people. This bill has the endorsement of the township officials of Illinois, the taxpayers federation and the Illinoi agricultural association. I would appreciate a favorable vote"
"The gentleman from cook, Mr.Jaffe."
"Would the gentleman yield to a question? Don?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 13. Hon. W. Robert Blair. "He indicates he will."
"Ah...you said that this was not applied to cook county?"
"That is correct."
"Ah...why does it not apply to cook county?"
"For the simple reason that any municipality in cook county with a population of 25000 or more would be a coterminous township. And it was the feeling of some of the members of your side of the aisle, in the Senate and in the House, that the thirty townships we have in cook county are sufficient and they did not desire to have this bill apply to the county of cook."
"Well, wouldn't it be true that if you made it coterminous with the villages in Skokie, then the township government would in effect be killed off in cook county?"
"That township government would what?"
"Would be killed off, because then you would have the village coming in and you would have them taking over. many of the township functions and all you would have is an assesor and a collector, wouldn't that be true?"
"Well, you would still retian the principle duties, or all of the duties or all of the duties of the supervisor of general assistence.."
"Well, in other words, the reason why it isn't in cook county, I think, is because your trying to keep township government going in cook county, where in fact, it shouldn't be going at all." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 14.
"Well, that is a matter of opinion. The reason for this bill is to give townships an adequate tax base of $6,000,000 dollars or more of which there are 500 that presentl have less than $5,000,000 assessed valuation, so they haven't a sufficient tax base, in order to perform the duties and the functions of the downstate functions, in the small down- state townships."
"Could you tell me what the attitude of the townships in cook county were?" :
"I would imagine that the townships in cook county, and this is my own opinion, I haven't talk to the cook county township officials, they would have been in favor of the bill ah...if cook county were not excluded from it."
"In other words, what your saying is that the township. in cook county actually want to be exempt, and they want to perpetuate themselves. Is that what your actually telling us?"
"No, that's not what I'm telling you. What I'm saying is that the.... I think there would be very little objection if there were another twenty or thirty townships created in the suburban part of cook county."
"Well, I think your really misleading, because when you say an additional twenty or thirty they wouldn't if they were coterminous with actual villages or cities, because then their duties would be cut down. And therfore, I think this is a bad bill because it does not include cook county and really what your doing in essence is your trying to build up township government in downstate, while keeping it in tact in cook county. And your trying to get the best possible GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES world on this particular bill, in both areas. that this bill should go down to defeat." 15.
And I think Hon. W. Robert Blair: "The gentleman from Christian, Mr. Tipsword."
"Would the gentleman yield for a couple of questions please? Representative Moore, now do I understand this correctly, that once the county board has made a proposal or reorganizing the townships or whatever you might call it, it is then submitted necessarily to a referendum. Is that true?"
"That is correct, by November of 1974."
"Now to home, is it submitted to a referendum, what group votes in the referendum? Is it the people only within the boundaries of the new proposed townships? Or does it also include the people that were in the former town- ships that are left out of this new proposal?"
"Those who would be effected by such alteration or change, would be the ones that would vote on it."
"Now who does that mean?"
"Well, the people that would be effected by the new one and the old one both."
"Now, does it have to carry in both areas?"
"The bill reads that the county board of each county shall, subject to referendum in the townships effected as here and after provided in this section, adopt not later than January 1, 1974 planned for ordering the boundaries for the town andsoforth.. No such alteration or change in boundaries shall be effected unless approved by referendum submitted to those voters residing in the area, comprising the new township.'' GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 16.
"Then it is not voted on by those in the area that comprise the old township, but not included in the new township. Is that correct?"
"Well the...reading the act again; the county board shall submit to such voters of each township effected at a regular or a special election, the question of approving the alterations. The alterations are changes, if approved by such voters, shall take effect on the date of the township. By that language, Representative Tipsword, I believe you would have to have the approval of both areas for it to be come effective."
"Thank you."
"Further discussion? Gentleman from St. clair, Mr. Krause."
"Thank you Mr. Speaker. Mr. Speaker and ladies and gentlemen of the House, this bill was worked out with the township officials in downstate at their request. All this bill is doing is to allow some smaller townships to consolidate so they can have a little better tax base. We worked a long time getting the bill ready and determining the size of the townships that should be consolidated. There's only about five townships effected in this bill, and I would appreciate a yes vote on it."
"Further discussion? Question is shall Senate Bill 485 pass? All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wish?Clerk will take the record. On this question there are.....Gentleman GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 17. from cook, Mr. Scariano."
"Please vote me present."
"Record the gentleman as present. The gentleman from Vermillion, Mr. Craig."
"Mr. Speaker and members of the House, this looks to me like a bill that I wish you would take a little thought of, especially downstate gentlemen that are in...maybe some sparcly populated areas. We have a township here, and here's the county boards anymore, now this one man one vote rule and they can designate a town that's got quite a bit of popula- tion in it and a township, and here's a small rural township that can be taken in with this other township by a vote of the people. Now if the small township wants to merge and be a part of them, that's one thing, but to be taken when they don't want to be taken just because this other area has the vote and they say your coming in with us, I think that's something else. And I'd like to see a few more present or red lights up there because I don't think its treating the rural areas right by being taken in to the other areas when they don't want to be taken in. I think they should have some say about keeping the township lines as they want them as long as they are financially sound and able to do so. I urge some no vote."
"On this question there are 99 'ayes', and 17 'nays'. And one present. And this bill having received a constitutional majority is hereby declared passed. Ah... B. B. Wolfe, present. Senate Bill 890." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 18.
"Senate Bill 890. Bill for an act to create the Joint Computor Operation Study Commission. Third reading of the bill."
"The ah...gentleman from ah...ah...cook, Mr. Sevcik asks leave to have that bill returned to the order of second reading for purposes of considering an amendment. Is there objection? Hearing none, the bill will be brought back to the order of second reading, and the clerk will read the amendment."
"Ah...amendment number one, Sevcik, Amend Senate Bill 890 in the House, on page 1, line 1, by striking everything after the word The and by striking lines 2 and 3 and inserting in lieu thereof the following' Commission on salaries for state officials....."
"Gentleman from cook, Mr. Sevcik."
"Well, Mr. Speaker and ladies and gentlemen of the House the...ah...this amendment sets up the blue ribbon commission for ah..determining the salaries of all state ah...and elected officials. I ask for your favorable support."
"Alright, any discussion? All those in favor of the adoption of the amendment say 'aye', opposed 'no'. The 'ayes' have it, the amendment is adopted. Further amendments? Third reading. House Bill 970. Take it out of the record. 1373."
"Senate Hill 1373. An act authorizing the sale and advance of certain state owned land situated in Lake county. Third reading of the bill." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 19.
"Gentleman from Lake, Mr. Murphy."
"Mr. Speaker, and ladies and gentlemen of the House, This bill merely authorizes the Department of Transportation to sell a small parcel of land up in the Chain of Lakes in Lake county. I solicit your support."
"Gentleman.Ah... Discussion? Question is shall this bill pass? All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? Clerk will take the record. On this question there are 114 'ayes', no 'nays'. And this bill having received a constitutional majority is hereby declared passed. On the Speaker's table on the order of concurrences, appears House Bill 4096, with respect to Senate Amendment number one, the Chair recognizes the Gentleman from cook, Mr. Sevcik." Joseph G. Sevcik "Ah...Mr. Speaker, ladies and gentlemen of the House I asked the House to non-concur in Senate amendment number one to House Bill 4096. This was a reduction put on by the Senate, but I understand from Senator Bruce, that he would like to have this brought back and a conference committee reported. So I ask that you non-concur."
"Discussion? All those in favor of the gentleman's motion to non-concur say 'aye', opposed 'no'. The 'ayes' have it. The gentleman's motion to non-concur prevails. On concurrences appears ah... House Bill 4488, Which the Chair recognizes the gentleman from cook, Mr. Phil Collins, with respect to Senate amendment number one.
"Mr. Speaker, ladies and gentlemen of the House GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 20. ah...I would move that the House concur in Senate amendment to House Bill 4488. This amendment merely adds the provision that no money may be expended without the approval of the Governor."
"Discussion? Question is shall the House concur? Gentleman from cook, Mr. Shea."
"What bill is this Phil, is this your bridge bill?"
"Ah...I'd like to refer to it as our bridge bill."
"Well, is this the one that we appropriate 8.2 million dollars for it, and....?"
"Yes, there's no change in the figure."
"And it just...the Senate amendment merely says that its up to the Governor to release the funds?"
"Yes, its the typical amendment on appropriation bills of this type, but no contracts may be entered, or money expended without the Governors approval. There's nothing unusual about this."
"Gentleman from cook, Mr. Maragos."
"Mr. Speaker, members of the House, as a co- sponsor of this bill with Representative Lenard and ah... Mr. Collins, I'm in favor of the concurrence with the amendment, excepting that I would have like to had that amendment not put on and had that bridge put up this year. But being as it may, we said still giving the support and hope that the Governor, in his good wisdom, will find the money to build that bridge."
"Any furthur discussion? Question is shall the House concur in the Senate amendment. All those in favor GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 21. will vote 'aye', and the opposed 'no'. Have all voted who wished? The clerk will take the record. On this question there are 137 'ayes', no 'nays'. And the House concurs in the amendment. 4135, on which the chair recognizes the gentleman from cook, Mr. Wall."
"Mr. Speaker, ladies and gentlemen of the House, I would move that the House do not concur in Senate amendment number one to House Bill 4135. The Department feels that the sufficient funds were appropriated for, and this amendment is not necessary, so I then request that we do not concur."
"Alright, the...discussion? The question is shall the House non-concur. All those in favor say 'aye', opposed 'no'. The 'ayes; have it, and the House non-concurs."
"On the order of concurrences appears House Bill 4552, for which the gentleman from cook, Representa- tive Frank Wolf, is recognized."
"Mr. Speaker, Mr. Speaker and ladies and gentlemen of the House ah...I would like to have leave of the House to concur in the three amendments to House bill 4552. Ah... may I have the concurrence, that is the leave of the House to hear the three amendments to the House bill?"
"You may hear the three amendments, sir."
"Mr. Speaker and ladies and gentlemen of the House, Senate ah... Senate ah...that is the Senat amendments to House Bill 4552 is the corrective measure. It would restore certain language of the investement section of the Chicago Fireman's Pension Fund, which the bill amends, which language has been omitted during the progress of the typing of the bill. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 22. Senate Bill amendment two, relates to a section to the State Universities retirement system for those transfering to this system from other governmental systems, decreases the contribu- tion from 10% now 12% of his annual basic compensation on the date that he became a participating employee. And the third amendment, Senate Amendment, relates to the section of the Policeman's annuity and benefits fund in Chicago, providing the widow's innuity shall not exceed four hundred dollars, where a debt results in a non-service cause. Its also revises the child's annuity, it has an effective date of July 1st, 1972, or upon its becoming a law whichever is later. I ask that this House concur Senates amendments one two and three."
"Is there any discussion? Gentleman has moved that the House concur with Senate Amendments number one, two and three to House Bill 4552. All in favor of concurrence signify by voting 'aye', the opposed by voting 'no'. Have all voted who wish? Pete Miller 'aye', Take the record. On this question there are 141 'ayes', and no 'nays'. And the House concurs with Senate amendments one, two and three to House Bill 4552. On the order of concurrence appears House Bill 4504, for which purpose the gentleman from Lee, Representative Shapiro, is recognized."
"Mr. Speaker, ladies and gentlemen of the House, ah...Senate amendment number one to House Bill 4504 states the following and adds after line one section 5 the amount of $200,000 or so much thereof as may be necessary appropriate. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 23. from the General Revenue Fund to the Illinois State Scholarship Commission for the payment of language grants to teachers who are not certified but are bi-lingual for the payment of scholarships awarded to individuals who do not speak english as a primary language. The money is taken from House Bill 4422 and placed in House Bill 4504, and I move that the House concur with Senate amendment number'one to House Bill 4504."
"Is there any discussion? Gentleman has moved that the House concur with Senate amendment number "one to House Bill 4504. All in favor of concurrence signify by voting 'aye', the opposed by voting 'no'. Have all voted who wish? Take the record. On this question there are 127 'ayes' s', 2 'nays'. And the House concurs in Senate amendment number one to House Bill 4504. On the order of concurrences appears House Bill 4182, for which purpose the gentleman from cook, Representative J. J. Wolf is recognized. Take it out of the record, he's not on the floor. On the order of concurr- ences appears House Bill 4159 for which purpose the gentleman from cook, Representative Regner is recognized."
"Mr. Speaker, ladies and gentlemen of the House, ah... Senate amendment number two to the Department of Law Enforcement bill is a reduction of $64,000, $28,400 in the management division, $10,900 in the identification division, and $25,000 in Capitol movement improvements. And I move that the House do concur in Senate amendment number two to House Bill 4159."
"Is there any discussion? Gentleman has moved that the House concur with Senate amendment number two GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 24. to House Bill 4159. All in favor of concurrence signify by voting'aye', the opposed by voting 'no'. Have all voted who wish? Take the record. On this question there are 144 'ayes', no 'nays'. And the House concurs in Senate amendment number one to House Bill 4159. On the order of concurrences appears House Bill 4677, for which purpose the gentleman from cook, Representative Regner is recognized." David J. Regner. "Ah...Mr. Speaker, ladies and gentlemen of the House, ah...Senate amendment number one to House Bill 4677 does not change the total appropriation, it divides the appropriation for expenditures equally between the members of the 77 and 78 General Assembly ah..which will be provided $3,000 each. And I move that the House do concur in Senate amendment number one to House Bill 4677."
"Is there any discussion? Gentleman has moved that the House concur in Senate Amendment number one to House Bill 4577. All in favor of concurrence signify by voting 'aye', the opposed by voting 'no'. Have all voted who wish? Take the record. On this question there are 130 'ayes', no 'nays'. And the House concurs with Senate amendment number one to House Bill 4677. On the order of Concurrences appears House Bill 4396, for which purpose the lady from DuPage, Representative Dyer....."
"Ah...Mr. Speaker and ladies and gentlemen of the House, I would like to move to non-concur with The Senate amendment to House Bill 4396. The House Staff advises us that the amendment expanded the rights guaranteed in the bill, ah...I have the Senate sponsors agreement that they will GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 25. receed. So this will bring the bill right back into the shape we passed it. ah... I urge your affirmative vote on this motion to non-concur."
"The lady has moved that the House non- concur in Senate amendment number one to House Bill 4396. All in favor of non-concurrence signify by saying 'aye', the opposed 'no'. And the House non-concurs with Senate amendment number one to House Bill 4396. On the order of concurrences appears House B1 4423, for which purpose the gentleman from Kankakee, Representative Houde, is recognized."
"Mr. Speaker, ladies and gentlemen of the House, this amendment, by the Senate is one that was agreed on, and we ageed that we would put it on in the Senate. Ah...it reduces, as far as townships, ah...just one line item, and it effects only two townships throughout the State as far as assess is concerned. I move your concurrence with the Senate amendment.
"Is there....Gentleman from cook, Represen- tative Jaffe."
"Will the gentleman yield to a question?"
"He indicates he will."
"Now, the only job of the township assesor is not only to asess personal property, is that correct? Thomas R. Houde. "No." Aaron Jaffe. "What does he do?'
"He assesses both real and personal."
"Now, with the coming in the of constitution, we're going to be doing away with the assessment of personal property, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 26. are we not?"
"No."
"Well, the constitution mandates us to do away with personal property, and what in essence we are doing is, we are giving a raise to people who are going to have less work." Thomas R. Houde. "Well, we kept the same floor, with those of more work ah...yes, we will allow them to get raises."
"Well, but come 1979, by constitution, we are no longer going to have personal property taxes. So I don't see how we can justify a raise to people who's jobs are either going out or whose jobs are going to be decreases. They're not going to have to assess personal property taxes."
"Well, we still assess real estate downstate."
"But not personal property tax, is that the constitu- tion goes into effect in 1979." Thomas R. Houde. "That's true."
"Gentleman from cook, Representative Rayson."
"Ah...would the gentleman answer another question?"
"He indicates he will.:
"Ah...this bill has general applicability. Its just not for downstate assessors, is it not?' Thomas R. Houde "That's right." Leland 1. Rayson: "Well, ah... to persue what Representative Jaffe said about the personal property taxes, in cook county, as you know, the county assesor really does the real estate assessments, certainly as to cook county, there should be GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES no need for township assessoring increases. 27. Is that true?"
"It must be uniform, and its by population." LelanduH. Rayson "Well, Mr. Speaker, just to comment further on this. I'm very concerned about this kind of operation ah...ah...although we must have uniformity, that's true, we have great disparities in assessment practices in cook county as compared to downstate. Now I for one, and having been a township assessor myself, realize that the work load of the townshin assessor in cook county is virtually phases out. As a matter of fact, the former township assessor of Bremen township, is just dying to come down and testify that not only did he not do any work, for the large salary that he earned, but that he could testify that township assessors in the thirty townships in cook county virtually don't do any work. And they are commanding these very high salaries, and I suggest that the interest of better government should suggest that we should not support this legislation." Rep. ArthurA Telcser; Scariano." ; "Gentleman from cook, Representative Anthony Scariano "I wonder if the gentleman would answer the question...." Rep. Arthur A. Telcser: Anthony Scariano real estate. "He indicates he will." "The assessors in cook county do not assess Now in downstate, they assess both real estate and personal property. Are you giving the same kind of a salary to people in cook county as you are in downstate dispite the fact that there is less work to do incook county?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 28. Thomas R. Houde "Well, its by population.....they must be answerabl : to the people....."
"Yea, alright, then that answers my question, because you are giving just as much money in cook county, where the assessor does alot less ah... than the ah...assessors are getting downstate, where they assess both real and personal property. Now Mr. Chairman...ah. Mr. Speaker, I want to address myself one moment to the fact that incook county during all of the twenty three years that I've practiced law, and the sixteen years that I've been a state representative..." Rep. Arthur A. Telcser "Representative Cunningham, for what purpose do you rise, Sir?" "A point of procedure, Mr. Speaker. Lester Cunningham: It seems like to me that this is action on a motion by Representative Houde on amendment one, senate amendment to a House bill. We're Now we're discussing the bill and the merits of the bill and have been for ten minutes. Let this man put his bill in the form in which he wants to present it for third reading. not hear to vote this bill up or down on its merits now, we're only here to adopt an amendment." Anthony Scariano "Mr Speaker, I'm addressing myself to the amendment. During long years in the House of Representatives and as an attorney with all the people who have come to me with personal property tax matters, nobody has every seen an assessor in cook county with respect to personal property tax matters, absolutely nobody. These people pick these figures out of the air, and they just put it down as your GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 29. assessment, unless you file a schedule, and I would urge a defeat of this motion."" Rep. Arthur A. Telcser. "Is there further discussion? If not the gentleman from Kankakee, Representative Houde to close the debate."
"I'm not closing any debate, because we've already passed this bill out, this is merely concurrence from the Senate. Concurring their action outting an amendment on it. It has passed both Houses. And we're concurring in one amendment that reduces ah... the number for the salary in two townships in the whole entire state. I can't understanc what your talking about. We're concurring in one Senate amendment. Take a roll call, Mr......" Rep. Arthur A. Telcser. "The gentleman has moved that the House concur in Senate amendment number one to House Bill 4423. All those in favor of concurrence signify by voting'aye', the opposed by voting 'no'. Have all voted who wish? Take the record. On this question......Phil Collins, 'aye'. Gentleman from cook, Mr. Moore, to explain his vote." Don A. Moore "Just very briefly, Mr. Speaker. All this bill does is reduces the population from 40,000 to 39,000 in the bill in so far as the pay schedule is concerned. It does not effect any of the townships in the county of cook. I believe there are two townships down in Madison and St. Clair County that it does effect, that have just over 39,000 population and a little bit under 40,000. And its for this reason that its the request of the Representatives and GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 30. Senators that the 40,000 population figure be reduced to 39,000. I think there should be a few more votes up there to help out those two townships down in the south end of the state, and I appreciate seeing 89 up there so that this bill can go, if it doesn't why it will stay at 40,000 and that will be it. So I think I would like to see a few more green lights up there to help out some of our friends downstate.
"Gentleman from Madison, Representative Walters."
"Thank you Mr. Speaker. I want to see what you've got up there. This is a good bill, and thank you very much." Rep. Arthur A Telcser. "Gentleman from cook, Representative Scariano."
"Mr. Speaker, in explaining my vote, I want to say that what we should do is to vote no and send it back to the Senate because its the easiest way to kill this bill. I repeat that what your doing is giving more money to more people for doing less, and what seems to me to be incongruous is the fact that people voted for the tax freeze, they are the people who are raising the salaries of the people who aren't doing anything to begin with. And your reducing even that work load. So I think that your acting in a most congruous fashion here, and your going to have to do alot of explaining back home when your rasing of the pay of pelitical appointees, and at the same time you claim to be in favor of a tax freeze, and a limit on expendures of local government." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 31.
"Gentleman from Lake, Representative Pierce " Daniel M. Pierce "Mr. Speaker, outside of cook county, these assessors are working, at least in my township, full time. He receives $10,000 a year at present. They are not appointed political officials, anyone in this house should know that township assessors are elected officials, elected by the people, and not appointed officials. I thought we all knew that. Now secondly, the personal property tax assessments are still on. They still have to assess personal property until 1979. As to real estate, its more complicated each and every year assessing real estate. I know, my township and the assessor is not of my party, the assessor is working full time, he's been in there for eight years, he's receiving only $10,000 a year and I think for a position of that responsibility its a shame. All this bill does is raise it from 10 to 12 thousand. All this amendment does it lower one of the categories from 30 to 39 thousand instead from 30 to 40 population. By concurring in this amendment your not killing the bill, because the Senate will receed from the amendment, and the payraises will go throught. The amendment we're concurring in is nothing here, its only a favor to the sponsor of the bill. It doesn't mean a darn thing, the amendment, so your not killing the bill. And I'll support concurrence and I can vote for this honestly and I can explain to anyone in my area that these township assessors are underpay Reo. Arthur A Telcser "Gentleman from Madison, Representative Kennedy. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 32.
"Mr. Speaker, ladies and gentlemen of the House I'd like to clear up one matter. As I understand it, we're voting on an amendment that effects the city of Alton, the city of Granite City, and gives our assessors a chance to get a reasonably good salary. He's not appointed, he's elected. And I would appreciate some of you gentlemen who may owe Walters, and I a favor that won't upset your indiges- tion to give us a green vote. Thank you kindly." Rep. Arthur A. Telcser "Gentleman from ah...cook, Representative Ewell." Raymond L. Ewell. "Mr. Speaker, ladies and gentlemen its been pointed out that this is an elected office and I think as long as we have the number of officials applying, there's got to be something good about the office. And I agree with the people who say lets look at the matters the way they are, the amount of work that has to be done and ah...for God's sake, let's look at a little economy once and a while."
"Have all voted who wish? Take the redord. On this question there are 93 'ayes', 23 'nays'. And the House concurs with Senate amendment number one to .... Record Representative Palmer as voting present. Concur with Senate amendment number one to House Bill 4423. On the order of concurrences appears House Bill 4522: For which purpose the gentlema from Logan, Representative Madigan is recognized."
"Mr. Speaker and ladies and gentlemen of the House, House Bill 4522 is the appropriation for the Department of Finance, which was amended in the Senate and reduced in the amount of $100,100. The reduction, the Senate amendment has GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 33 been agreed to by the Department of Finance, and I move that the House concur with Senate amendment number one to House Bill 4522." Rep. Arthur A. Telcser "Is there any discussion? Gentleman has moved to concur with Senate amendment number one to House Bill 4522. All those in favor of concurrence signify by voting 'aye', the opposed by voting "no'. Have all voted who wish? Take the record. On this question there are 114 'ayes', no nays'. And the House concurs with Senate amendment number one to House Bill 4522. On the order of concurrences appears House Bill 4452, for which purpose the gentlemen from Henderson, Representative Neff, is recognized."
"Ah. Mr Speaker, I move that we not concur with Senate amendment to House Bill 4452. And the House appropriation committee gave this ah...appropriation a thorough. going over and reduced the total appropriation about $1,600,000. Now the Senate has taken it and reduced it another approximatel $4,000,000 and some of these I think we can live with and several of them almost impossible to live with. For example, under the local government cut which makes very little sense, this is only an authority to pay local government Federal reimbursement to projects at the local fund. This is only a past due account that the locals pay off. Federal reimbursemen to the fund is 50%. The fund pays the local by its money. This has been cut, local government has been cut, $2,500,000."
"Gentleman has moved that the House do not concur with Senate amendment number one to House Bill 4. Gentleman from Bureau, Representative Barry." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES
34 Tobias Barry: "Will the sponsor yield to a question, please?"
"He indicates he will."
"Is the bill in the present form, got any money in it for breathalizer's use or acquisitions?"
"Pardon me. I didn't get your question."
"Has it any money in it, for now in the bill as amended for Breathalizer use?"
"Ah...yes, I'm sure there's money left in for that, yes."
"Do you know how much?="
"Ah...."
"Yousee, the reason I asked the question is that I understand that their not going to be available until about ah. another two or three months or four months.
"Ah...Toby, as I recall it, I don't have that figure, but as I recall it its about $400,000. It was originally."
"Would you take it out of the record until we get an answer to that please?"
"Yea."
"Thank you "
"Take that out of the record. On the order of concurrences appears House Bill 1440, for which purpose the gentleman from McHenry, Representative Lindberg is recognized Take thatout of the record. On the order of concurrences appears' House Bill 4121, for which purpose the gentleman from cook, Representative Shea, is recognized." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 35.
"Would you take that one out of the record for a minute?"
"Take it out of the record. On the order of concurrences appears House Bill 4208, for which purpose the gentleman from Lawrence, Representative Cunningham is recognized "
"Mr. Speaker, and members of the House, 4208 is a good bill, it was made better by the Senate's amendment. You'll remember that we reduced the time for voting registratio. to 30 days residence, and the Senate correctly perceived the Supreme Court decision that had reduced it to no time, so they put it in at 28 days, which is the time that the voting list closed. Accordingly I would urge that we concur in the amendment and I would publicly thank David Epstein for his splendid effort for ressurecting the bill over in the Senate, and hope him similar success with 4155." Rep. Arthur A. Telcser "Is there any discussion? The gentleman from cook, Representative Berman."
"Would the sponsor yield?"
"fe indicates he will."
"Roscoe, in one form of this bill there was a descrepency between ah... the number of days on line 12 which referred to thirty....twenty-eight days and in the second paragraph ah...it referred to thirty days. Has that been corrected?"
"Yes, its now as to both times, it shows 28 in place of 30. I spoke with one of your poeple about that, but the amendment, as they prepared it, we both misread it. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 36. but its corrected, as its now standing. 28 days in each instance."
"Thank you.: Rep. Arthur A. Telcser: Is there further discussion? Gentleman from cook, Representative Juckett."
"Mr. Speaker, would the sponsor yield?"
"He indicates he will."
"Does the....now is this a United States Supreme Court Case, or an Illinois Supreme Court Case?"
"It was the United States Supreme Court Case, Dunne Vs. Epstein. And it held that there is no residency requirement. The Attorney General subsequently issued an opinion that you could call it a residency requirement, or you could call it a period in which the polls were closed, it didn't make any difference which one you called it. The 30 days was approximately the same time the poll books are closed, and the Senate decided it should be precice and make it 28 which is the statutory period for the books to be closed."
"Now, was Illinois a party to this suit?"
"No, the case came out of Tennessee, but we're all in the union together."
"So, Illinois was not a party to this suit, and I believe that ah...isn't it a fact that the election authorities on their election code, have left it to the same time as presently, because they were not a party to the suit? And it did not rule specifically on the Illinois matter?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 37. R. D. Cunningham "Representative Juckett, that s an unusual contention that we're not bound by cases that are decided in the Supreme Court, if we're not a party to that case. If that were true, every state would be named in the party of every case. And the new electoral code makes no decision on the matter, and leaves it to six months, which is clearly unenforceable in view of the Dunne decision." Robert S. Juckett: Well, Mr. Speaker, and ladies and gentlemen of the House, I believe that all of the election authorities in all the county and all the townships and the commissions etc., are of the opinion that Illinois was not effected by the ah...suit other than stating that the six month residency as was in the case of that ah...distinguished gentlemen referred to, was applicable. And I think that to move this to 28 days is an uncontientable effort on the part of the sponsor and anyone else to drastically change all of the election laws of the state of Illinois. As he so well knows, we are one of fifty soveriegn states of the union, and I think that to move it to 28 days would be making such a tremendous burden on all of the election authorities, that we would be causing more havoc than we would be causing good. I know his intentions are good, I know that he wants everybody possible to be able to vote, and vote for him, but ah...I think that to move it to the 28 days, would be wrong, and the court did not state the 28 days is the proper one. The court did not state that the 30 days was the proper one, the court only stated that six months was too long a period in their judgement. And I think that the proper resting place GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 38. is with the legislature and with the state, and I think that to change this, just on the basis of one decision which did not apply to Illinois, did not apply to the basis which he is trying to have it apply to, would be making bad legislative law on bad judicial law. And I would urge that we do not concur." Rep. Arthur A. Telcser. "Is there further discussion? If not the gentleman from Lawrence, Representative Cunningham to close."
"Members of the House, I have the highest regard for the last speaker, but on legal matters he seems singularly uninformed. It is absolutely unthinkable that any member of this House, who has a law degree would countless for a moment in the proposition that you could fly in the face of the Suprem: Court. It does not good to beat your head against the wall so it will feel good when you quit. The Supreme Court has spoken in this matter. The Senate has corrected it so that its precisely in agreement with the Supreme Court. Those of you who have a law degree have an obligation to vote 'aye, in accordance with the principles of their decision. And the rest of you should follow along the way the law should be. We're moving forward, there's no requirement that people have to be a life long resident of the community to be entitled to vote there."
"Gentleman has moved that the House concur with Senate amendment number one to House Bill 4208. All in favor of concurrence signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 39, On this question there are 107 'ayes', 9 'nays'. And the House concurs in Senate amendment number one to House Bill 4208. On the order of.... On the order of concurrences appears House Bill 4219, for which purpose the gentleman from union. representative choate, is recognized."
"Take that out of the record, please."
"Take that out of the record. On the order of concurrences appears House Bill 4261, for which purpose the gentleman from DuPage, Representative Hoffman is recognized." G. L Hoffman. "Mr. Speaker, ladies and gentlemen of the House, ah... House Bill 4261 was submitted in the Senate to ah...correct one error, and to make one addition. House Bill 4261 is the School Problems Commission Bill in reference to the ah..sale of bonds for life safety code work. We added that the president and the secretary and the treasurer of the school district, would ah...signthe issuance of the bonds And we changed the effective date to... from December 1, 1972 or upon its becoming law, which everis later to read that this act will take effect upon becoming law. That is the Senate amendment, and I move that we concur in Senate amendment number one to House Bill 4261."
"Discussion? Gentleman has moved that the House concur in Senate amendment number one to House Bill 4261. All in favor of concurrence signify by voting 'aye', the opposed by voting 'no'. Have all voted who wish? Take the record. On this question there are 123' ayes', no 'nays'. And the House concurs in Senate amendment number GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 40. one to House Bill 4261. On the order of concurrences appears House Bill 4457, for which purpose the gentleman from cook, Representative Hyde, is recognized."
"Mr. Speaker, ladies and gentlemen of the House, ah... I move that the House concur in Senate amendment number one to House Bill 4457. Ah...this bill is the ah...grant of appropriation of $200,000,000 ah...to the Environmental Protection agency for grants to local government, used for planning, financing and construction of municipal sewerage treatment works. Now Senate amendment number one creates a seperate line item for the planning and the cost of the preparation of Metro-regional waste and water plants. And these costs amount to $2,000,000. This amendment does not change the total amount appropriated, and therefore I move that we concur with Senate amendment number one."
"Discussion? Gentleman from Bureau, Representative Barry."
"Henry, it didn't disturb my amendment to you bill does it?"
"not at all. Not at all."
"Gentleman has moved that the House concur in Senate amendment number one to House Bill 4457. All those in favor signify by voting 'aye', the opposed by voting'no'. Have all voted who wish? Take the record. On this question there are 137 'aye', no 'nays'. And the House concurs in Senate amendment number one to House Bill 4457. On the order of concurrences appears House Bill 3626, for which purpose the Gentleman from cook, Representative Carroll is recognized." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 41.
"Thank you Mr. Speaker, ladies and gentlemen of the House, the Senate amenemdnet to House bill 3626 is to delay the effective date for six months to July 1, 1973. This is a bill dealing with bicycle safety. The manufacturers advised us that they will be conforming by July 1 anyway, but would need the six months in order to get the supplies out of the stores. I would move for concurrence to this Senate amendment." Rep. Arthur A. Telcser. "Is there any discussiON? Gentleman from cook, Representative Palmer."
"Does this have to....if the sponsor would yeild to a question?"
"He indicates he will."
"What does this do with implied consents?"
"This does nothing with implied consents. This is a bicycle safety, this is the bicycle reflectors." Rep. Arthur A. Telcser. "Gentleman has moved that the House concur with Senate amendment number one to House Bill 3626. All in favor of concurrence signify by voting 'aye', the opposed by voting 'no'. Have all voted who wish? Take the record. And the On this question there are 129 'ayes', 2 'nays'. House concurs with Senate amendment number one to House Bill 3626. On the order of concurrences appears House Bill 4293, for which purpose the gentleman from Randolph, Representative Springer is recognized." Norbert G. Springer. "Mr. Speaker and ladies and gentlemen of the House, House Bill 4293 is the apprpriation for the Department GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 42. of Conservation, which we here in the House reduced their budget by a little better then $10,000,000. The Senate amendment number one has reduced it further to the tune of about $21,000,000. Therefore, this is a total cut on their budget of better than $31,000,000, which the Department cannot operate efficiently, therefore, I move to non-concur with Senate amendment one to House Bill 4293." Rep. Arthur A. Telcser. "Gentleman from cook, Representative Shea H Gerald W. Shea "Doc, could you tell us exactly where the cuts were, that the Senate made, and what they did?"
"Ah...in the General Office, Senate amendment one cuts General Office $160,550. $64,000 for memorials. General Revenue $1,078,000. In the Capitol Developement Bond, $20,000,000 and also....."
"You want to non-concur with it?" Norbert G. Springer "Yes."
"Alright."
"Gentleman has moved to non-concur in Senate amendment number one to House Bill 4293. All in favor of non-concurrence say 'aye', opposed 'no'. And the House does not concur with Senate amendment number one to House Bill 4293. Representative Springer, for what purpose do you rise, Sir?
"Mr. Speaker, and ladies and gentlemen of the House, Senate amendment two to House Bill 4293 restores $25.000 from the General Revenue for the public shooting area of shelby county. I'm not against this, although since the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 43. Senate did make drastic reductions with Senate amendment number one, I move to non-concur with Senate amendment two and I think this can be worked out in a conference committee."
"Gentleman from Christian, Representative Tipsword."
"Mr. Speaker, and ladies and gentlemen, Senate amendment number two relates as Representative Springer told you, to the Shelby County hunting areas located near Cowdon Illinois, that has existed for quite some time. This was left off for the reason that they were proposing to eventually to establish a hunting area on land that the state owned down in the Rammed Lake Area and they proposed to proceed with that to try to get it established, and we have no objection to that. However they have concurred that this will not serve ah..the same area that are served presently by the Shelby County Hunting Area. Now they proposed to now maintain and in the future maintain the Shelby County Hunting Area, although it might be moved on to the land that the state owns near the Shelby Reservoir, just similar to what they propose to establish in the Rand Lake, Area. So I would urge that we concur with this amendment, that we vote no on the motion of Representative Springer to non-concur in this matter. Ah.. and I would request a roll call vote upon the concur. the motion to non-concur with Senate amendment number two. This has been proposed, by the way, by the Department of Conservation and not just by the Senate."
"Gentleman from Randolph, Representative Springer." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 44.
"Mr. Speaker, and ladies and gentlemen of the House in ah...my motion of non-concurrence I am not against, it I was just thinking possibly that it could be worked out in the conference committee ah...in regard to the cut that the Senate reduced the budget in Senate amendment number one. I still will move to non-concur with Senate amendment two."
"O-k. Representative Tipsword, are you putting a substitute motion that we concur, is that your attempt sir?" Rolland F, Tipsword: "I'm suggesting that we do not conc-cur with the motion that was made that we vote no on his motion to non-concur. Or which ever is the way to go. I'd like to have this Senate amendment concurred in." Rep. Arthur A. Telcser "Yes, but you realize, of course, that in a conference committee that it's subject to change, of cours.
"I realize that.... I would like to suggest to him that we would like to have this portion left in, if possible." Rep. Arthur A. Telcser "Representative Walsh, for what purpos e do you rise, Sir?"
"Well, Mr Speaker, I understand that there is one amendment, is that right?". Rep. Arthur A. Telcsér. "Two amendments, Representative Walsh. The House did not concur with amendment number one...and now we are on number two."
"Well, I think that the roll call should be on the motion to concur, and if there are 89 votes, then we've concur in that amendmentENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 45. Rep. Arthur A. Telcser: This is what I... why I had asked Represen- tative Tipsword if he would put in a substitute motion."
"And if the Speaker feels that that is the proper means of proceding I would make the motion that we do concur in Senate amendment.....I make the substitute motion that we do concur with Senate amendment number two.
"Question is on the substitute motion that the House do concur with Senate amendment number two to House Bill 4293 All in favor of concurrence signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. On this question there are 60 'ayes', 56 'nays'. And the House does not concur with Senate amendment number two to House Bill 4293. On the order of concurrences appears House Bill 4219, for which purpose the gentleman from Union, Representative Choate is recognized."
"Mr. Speaker I would move that the House concur in Senate amendments to House Bill 4219. There's three amendments; the first one includes the spouse of the missing serviceman, as well as his children in the eligible category. Amendment number two insures that the benefits of higher education are made available to the beneficiaries of this bill in private institutiona, through scholarships administered by the Illinois State scholarship commission. Number three, makes the benefits available for the equivilent of a four year college course, removing four calendar year restriction, and I would say, Mr. Speaker, that the amendments improve this GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 46. legislation designed to help the returning ah...veterens and their spouse and their children. I would move that the House concur in these three Senate amendments." Rep. ArthurA, Telcser. "Is there any discussion? Gentleman has moved that the House concur in Senate amendments one, two and three to House Bill 4219. All in favor of concurrence signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. On this question there are 141 'ayes', nó 'nays . And the House concurs in Senate amendments number one, two and three to House Bill 4219 Pete Miller 'aye'. On the order of concurrences appears House Bill 4466, for which purpose the gentleman from DuPage, Representative Hoffman is recognized."
"Mr. Speaker, ladies and gentlemen of the House, I move we concur in Senate amendment number one to House bill 4466. This is a School Problems Commission Recommendation for change in the tranportation formular. The Senate amendment actually tightens the original bill up to provide that any school district, which will meet for more than four fifths of the cost, ah...will have their state claim reduced by the amount of the difference between the twelfth and maximum levy without referendum, and a 7 cent minimum by which they must qualify. And what this means is that, any school district who would be in this category, and these are school districts which are poor, that if they don't make a minimum local effort, in the sense that they don't meet the maximum non-referendum rate that they will be... their claim will be reduced the difference between the 7 cents and the twelve cents in the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 47. proportion of the amount above eighty percent. Its a little complicated, but its a very reasonable amendment, and I would move your concurrence in Senate amendment number one to House bill 4466." Rep. ArthurA. Telcser "Is there any discussion? Gentleman has moved that the House concur with Senate amendment number one to House Bill 4466. All in favor of concurrence signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. On this question there are 141 'ayes', no 'nays'. And the House concurs with Senate amendment number one to House Bill 4466. On the order of concurrences appears House Bill 3031, for which purpose the gentleman from Rock Island, Representative Henss, is recognizeć. Donald A Henas "Mr. Speaker, and ladies and gentlemen of the House.
11 Rep. Arthur A. Telcser: "Is there further discussion? If not the gentleman from Rock Island, Representative Henss to close the debate."
"Mr. Speaker and ladies and gentlemen of the House, you can see where the opposition is taking us, ah.. the opposition would like to strike the position that the auditor General be a CPA, and strike the provision for his salary. In other words, a purely political approach to this office, which was conceived, under the new constitution as a professional office one which will be of assistance to the members of the General Assembly. Its true that in most states the legislature must relay upon a member of the executive, in order to check upon audits of the various agencies. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES We 48. are fortunate in the State of Illinois, to have this new office provided. The members of the General Assembly by a three fifths vote, will actually be the ones to appoint the auditor genéral and he will be their man in the fiscal arena. This should be a professional person. It should not be a political office, and the person who holds it should have technical qualifications. If audit is his business he should have the background and experience. He shouldbe a CPA. Now I agree with Toby Barry, that this is not a constitutional requirement, but its a good idea, and I think we can, in perhaps our resolution which will ah..be forthcomin directing the legislative audit commission to ah...get into this area and find us a man who will probably be appointed next spring by the next General Assembly, I think that we can validly make that requirement. This should be a non political professional prson. As far as the salary is concerned, asgain, getting into the area of politics. Here's what the constitution provides, with reference to this office, The general assembly shall provide by law for the audit of the obligation received in use of public funds of the state. The general Assembly by a vote of three fifths of the members elected to each house shall appoint an auditer general, and may remove him from cause by a similar vote. The auditor general shall serve for a term of 10 years. His compensation shall be established by law, and shall not be diminished but may be increased to take effect during his term. Now I simpathize with the gentleman in his idea of a salary increase for legislatures, hopefully that would help maintain and GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 49. improve the qaulity of the legislature. And would help us in the discharge of our duties, but the day that all of the meneuvering of a salary increase interferes with performace of our duties, then you can turn me off. We have a constitu- tional duty, we are mandated. You will earn your salary increase by performing your duties, not by progress in this area. And certainly not by ignoring the constitutional mandate It would appeal to you to go through these maneuvers to increase salaries, legislative salaries, rather than except the duty which is mandated by the constitution, and establish an office which is designed to help us professionally, then go ahead and nonconcurr: We can send this to conference committee and perhaps it won't even be passed this year, as we're getting late in the session and you see what some of the opposition is. But if on the other hand, you would prefer a competent professional approach to the problems of the General Assembly, and if you would prefer to put the duties of our office ahead of the gamesmanship and the political maneuverings over the legislative salaries, then please vote with me to concur, I would certainly appreciate your support." Rep. Arthur A. Telcser. "Gentleman has moved the House concur with Senate amendment number one to House Bill 3031. All in fawr of concurrence signify by voting 'aye', the opposed by voting'no'. Have all voted who wish....gentleman from Bureau, Representative Barry to explain his vote."
"Mr. Speaker. ladies and gentlemen of the House, Don Henss well knows that I have no interest in salary...." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Rep. Arthur A Telcser "excuse me, Representative Simmons, for what purpose do you rise, Sir?"
"A parlaimentary inquiry?" Rep. Arthur A Telcser "State your point sir." Arthur E Simmons "How many votes will it take to adopt this?:" Rep. Arthur A. Telcser. "Is will take 89 votes to concur, that will be on final action sir."
"I thought that this would take three fifths. Well, ah...the gentleman just read the constitution, it said the legislature shall, by a three fifths vote, establish the office and create a salary, as I understood him."
"Gentleman from Union, Representative Choate, for what purpose. do you rise. Sir?" Clyde 1. Choate: "I... I believe, that if you will look at the person that Representative Simmons is talking about, and read that portion of the constitution which applies, you'll find that it means on the appointment, three fifths would be necessary." Not on this particular peice of legislation."
"O-K, this will take 89 votes for final action. Have all voted who wished.... Representative Barry."
"As I was saying, I'm sure that Don Henss didn't refer to me when he was talking about salaries, because I usually vote against my own interests, even when its against judges increases. And that isn't my interest here, my interest is in writing a good bill and naturally we can't do anything as has been reiterated here, without being non-political. We need three fifths vote of this House and the other House in order to do anything on this kind of legislation finally. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 51. So I respectully suggest that the red stay red, and we not give the 89 votes on this bill. And we'll get into a conference committee and clean it up. And I don't care about any salary considerations whatsoever, and I ah...if I'm part of that conference committee, I so state."
"Gentleman from Rock Island, Representative Henss."
"Of course, I did not refer to Toby Barry when I was referring to the salary, this was a matter that was brought into the discussion originally by the gentleman from McHenry, who has been a leader in the charge on ah...these matters, and my rebuttle was in opposition to his ah...remarks. I see where the board has taken us, Mr. Speaker, ah...if this fails, I take it that we would automatically go to ah...a non-concurrence, Is that true.""
"If the 89 votes fail, sir, the House will then non-concur the Senate amendment number one." Donald A. Henns "And if that is the case I will also move to non-concur in Senate amendments two and three, so I suggest we take the record." i Rep. ArthurA Telcger "O-K, have all voted who wish? Take the record. On this question' there are 51 'ayes', 51 'nays'. And the House refuses to concur with Senate amendment number one to House Bill 3031. The gentleman now moved that the House non-concur with Senate amendments numbers two and three to Youse Bill 3031. All those in favor to non-concur signify by saying 'aye', opposed 'no'. And the House does not concur in Senate amendments number two and three to House GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 52. Bill 3031. On the order of conference committee reports appears House Bill 4149, for which purpose the gentleman from Winnebago, Representative North, is recognized. Frank D. North "Mr. Speaker, ladies and gentlemen of the House, The conference committee on House Bill 4149 deleted out of Senate amendment number one the provision for discharge of bankruptcy which was highly controversial. Otherwise, the bill is substantially in the same form that passed out of the House 123 to nothing, and I would move for the adoption of the conference committee report."
"Is there any discussion? If not the gentleman has moved that the House adopt the conference committee report, relative to House Bill 4149. All in favor of adoption signify by voting'aye', the opposed by voting 'no'. Have all voted who wish? Take the record. On this question there are 124 'ayes', no 'nays'. And the House adopts the conference committee report relative to House bill 4149. Senate Bills third reading. Senate Bill 1492.1
"Senate Bill 1492. Bill for an act to create non public state frontal grant act. Third reading of the bill."
"Gentleman from cook, Representative Schlickman." Eugene E. Schlickman. "Mr. Speaker and ladies and gentlemen of the House, for the purpose of discussion, may I have leave to have read for a third time, at this time, Senate Bill 1498, Senate Bill 1489, Senate Bill 1497, Senate Bill 1499 and Senate Bill 1496. They are companion bills?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 53.
"Do you wish to have them just discussed now, Sir. And then we will take individual roll calls?" Eugene E. Schlickman. "No, I wouldn't ask that they be voted on as a unit, rather they be read for a third time so that they may be discussed as a package."
"Does the gentleman have leave? Hearing no objections, will the clerk please read those bills a third time." Fredric B. Selcke "Senate Bill 1489. An act to promote the education of children of this state, andsoforth. Third reading of the bill. Senate Bill 1496, an act to make an appropriation to the Superintendent of Public Instruction. Third reading of the bill. Senate Bill 1497. An act to make an appropria- tion to the Superintendent of public instruction. Third reading of the bill. Senate Bill 1498, an act to make an appropriation to the Superintendent of Public instruction. Third reading of the bill. Senate Bill 1499. An act creating the Illinois Education Development Board, defining its powers and duties. Third reading of the bill."
"The gentleman from cook, Representative Schlickman."
"Mr. Spek er, and ladies and gentlemen of the House Senate Bill 1492 is entitled the non public state parental grant act of 1972. It provides for the payment of state grants to the parents of children attending non public elementary and secondary schools for text books and auxiliary services. Senate Bill 1498 appropriates $20,500,000 for the purposes of this act. Senate Bill 1489 is entitled a non GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 54. public state parental grant plan for children of low income families act of 1972. It provides for the payment of state grants to the parents of children attending non public schools whose family income is less than $3000 dollars per year. Senate Bill 1497 appropriates $4,500,000 for the purposes of this act. Senate Bill 1499 is entitled the Illinois Educational Developement Board Act of 1972. It provides for the creation of the Illinois Educational Development Board, defines the duties and powers of this board. Senate Bill 1496 appropriates $5,000,000 for the purposes of this act. This is the second consecutive year in which the Governor has budgeted the sum of $30,000,000 for state aid to non public schools. The elementary and secondary non public school study commmission, created by the legislature in 1969, found, among other things, that the enrolllment in non public schools had declined by 20% in four years; This decrease in non public school enrollmer resulted in the increase of the cost of public education by over 105 million dollars per year. The commission also found that the quality of secular education in non-public schools was equal to if not greater than the quality of secular education in public schools. Furthermore, there are more inovative, exemplary programs in effective non public schools, which public schools increasingly are adopting without the burden of trial and error. The commission also found that even with the discounting of teachers salaries, the cost of operating non public schools is substantially less than the cost of operating public schools. The commission GENERAL ASSEMBLY STATE OF ILLINO15 HOUSE OF REPRESENTATIVES 55. concluded, Mr. Speaker and members of the House, that the well being of education in Illinois is dependent upon a healthy and a sound system of non public schools. The commissic further found that parental rights in education are inhibited by increased costs. You will recall in the Spring of 1971 the commission caused to be introduced a set of three bills providing for grants to parents with children attending non public schools and establishing the educational development board for funding of cooperative public and non public schol programs that are invoative and exemplary. These bills were passed by the legislature but before the governor could approve them, the United State Supreme Court handed down its landmark decision in which it amplified its doctorin of excessive entanglement. Since details of the bills passed by this legislature smacked of eccessive entanglement, and at the request of the Senate Sponsor and myself, the Governor returned the bills to the legislature with this specific recommendation for change. A week or so ago there was distributed to each of you a tabular comparison showing these changes. The legislature last fall excepted the Govemor's recommendation for change and the Governor thereafter, approved the bills. In january of this year, the Illinois Supreme Court reduced the bills, and decided that they were not effecti until July 1, 1972. Indictim, the court commented that in its opinion, the Governor had exceeded the constitutional scope of his amendatory veto authority. Wanting to avoid this technical issue, the bills had been reintroduced and are now GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 56. awaiting your consideration. The six bills are identical to the bills that we passed last fall, with two exceptions; the appropriations have been placed in seperate bills to avoid any question that may arise regarding the new constitu- tional provision that appropriation bills be restricted to appropriations. Furthermore, there is a section in each of the three programs bills repealing the existing state aid to non public schools laws, effective July 1, 1972. Since the United State Supreme Court decision of June 1971, there has been other décisions concerning state aid to non public schools. A week or so ago, I prepared and distributed to each of you a memorandum, distinguishing these decisions from the Illinois Program of State Aid to Non Public Schools contained in the six bills now under consideration. Mr. Speaker, and ladies and gentlemen of the House, in conclusion I should like to think that all who are interested in the subject of state aid to non public schools, whether pro or con, are anxious to have a definative and a conclusive decision by the Illinois Supreme Court. The passage of these bills will bring this about. Furthermore, these bills upon being sustained by the court will insure the preservation of our system of non public schools and sustain education generally. I earnestly solicit your support, and the passage of these bill. Rep. Arthur A Telcser. "Gentleman from cook, Representative Douglas." Bruce L. Douglas. "Mr. Speaker, and membersof the House, the enormous significance of these bills and the economic, or potential economic impact of these bills and the relationship GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 57. that they would have in the future budget of this state , I feel required that one specific aspect of this problem be included in the record of this House. I do not delude myself into expecting, after previous votes on this issue, that we're going to have any change at this time, however, one of the major issues that has been brought constantly to the attention of the people of this state has been the question of what the economic impact will. be of the closing of the parochial schools on the public educational system. And I would like, for the record Mr. Speaker and members of this House, to include the following facts for the people of Illinois to have before them, if and when this bill should pass this House. It is state constantly by the supporters of non public educational ah...support from the state that its important to do this, to get this money, because of the fact that the public schools will suffer if and when large numbers of parochial schools close down. Now what are the real facts? It is stated, and these facts are used frequently by proponants of this legislation, that the tax payers would have to pay $742.00 for ever parochial school child that transfers to the public school. On this basis the Illinois Catholic Conference has stated that it would cost the taxpayers $371,000,000 if all the private schools closed. Also, thatif all the private schools closed the public schools would be hopelessly slumped and then in addition it is stated that the parents presently do not have freedom of choice, etc. But what are the real facts? The seven hundred forty two dollar figure represents GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 58. an average per cap of the share of our educational budget in Illinois, not the actual cost. It is like a family of five with an income of $10,000. The per capita share for each member of that family would be $2000. But this does not mean that every additional child would cost that family another $2000. There would be some increase in cost if large numbers of new students transfer to the public schools. But nothing like $742.00 per child. Many public schools could absorb large numbers of students without adding class rooms or hiring new teachers. Only last week, there was an article in the Chicago Sun Times, and I quote from that article Public schools are having little difficulty absorbing substantial numbers of children from parochial schools that are closing at one a day rate, quoting United State Education Commission, Sidny Marlon, Jr. And again quoting him; There appears not to be a drastic a problem effecting an accomodation of such tranfers in the public schools, simply because there is a leveling off of growth in the public school population, and this was in response to a considerable reductior in the birth rate, Mr. Marlon said. And he also said in response to increase from President Nixon, who has taken a hypocrytical and controversial stand on this issue, that physically and legistically there is no evidence that there is any great new problem. Now I submit further, that there are other alternative ways that this matter of transfer of students if it became a large numberical problem, could be handled. Senate Bill 831, passed last year, provides for a GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 59. school acquisition authority. The State Housing Authority could advance funds to any imfracted districted that has reached its bonding limit. There is also, and there would be the 32 or approximate 30 million dollars that is allocated to this purpose, which would be more than enough to take care of those public schools which might be in destress. There is also Federal Legislation, the Perkins' bills, which would provide federal funds, if passed, to any public school in the nation which need emergency relief. Mr. Speaker and members of this House, its not necessary for me to go on on this issue because I know that most peoples minds are clearly made up, but for the record I believe it is immensly important that we recognize that the issue of the inandation of the public school from the parochial school is not a valid reason for funding the non public schools. I will not debate the constitutional issue here, the courts will resolve that problem But I ask you to recognize, as you vote on this bill, there is not valid evidence in any way whatsoever, to indicate that even if all the parochial schools closed down, which I hope certainly would not happen, that there would be inendation that people are complaining about, would occur in the public schools. And I would like to state publicly, since all three of my own children would benefit if this bill passed, that I will not except the 60 or the 90 dollars that would be coming to my family that if and when this bill should pass, that I will take those chekcs that are send to me, and I will endorse them over the public school on the corner of my block, as a constribution of the parent teachers association of that GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 60. school. Thank you."
"Gentleman from Lawrence, Representative R. D. Cunningham."
"Mr. Speaker, and members of the House, my comments are in the nature of a parlaimentary inquiry. My inquiry is: is it possible to suspend the state constitution and the Federal constitution. I have carefully checked the rule book from ah...cover to cover, and I find no provision for such suspension. But if it were possible to suspend it for this six bills, I'm sure that we would all vote unanimously for these bills. I admire greatly the excellence of these parochial schools, and I admire more the spirit of sacrifice by all of those parents who over the years have made possible these systems of superior education. But if my opinion, based upon the numberous Supreme Court decisions, there isn't the slightest chance on earth that they can be held constitutionall excéptable, under the rules that presently exist. Accordingly Mr. Speaker, I would ask you at this time, is there any provisions in the rules whereby we can suspend the Illinois constitution and the Federal Constitution for these six bills, in order that we might vote for these bills without violating our oath of office, which requires us to vote for bills that are constitutional? May I have a ruling, Mr. Speaker?" Rep. Arthur A Telcser "Just a minute. Representative J. J. Wolf, for what purpose do you rise, Sir?" J. J. Wolf "I think we already done that when we considered the so called equal right's amendment before this House." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Rep. Arthur A. Telcser: "Representative Cunningham, the Chair 'is not aware of any rules that permit this body to suspend the state or federal constitution. Gentleman from Kane, Representa- tive Waddell, for what purpose do you rise, Sir?" R Bruce Waddell "Mr. Speaker, I move the previous question."
"Alright, gentleman has moved the previous question. All those in favor signify by saying 'aye', opposed 'no'. The previous question is moved And the gentleman from cook, Representative Schlickman to close." Eugene E. Schlickman "Mr. Speaker and ladies and gentlemen of the House twice last year we voted on the subject of state aid to non public schools. The third time now it is presented to us, the bills before you are identical to what we voted on last fall. For the purpose of expediency, I at this time, Mr. would say nothing further, but solicit your support. Speaker, I would request' that at this time, we vote on Senate Bill 1492, creating the state Parental grant act, and Senate Bill 1498, which is the appropriation for implementation of that program and bill."! Rep. Arthur A. Telcser Are you asking for leave of one roll call on both of those bills, Sir? Are there any objections? Hearing none, the question is shall Senate Bills 1492, and 1498 pass? All those in favor will signify by voting 'aye and the opposed by voting 'no'. And the clerk will take Gentleman from cook, Representative Rayson to explain his vote." two roll call.
"Mr. Speaker and members of the House, I rise to explain my vote, because I ve always been a strong advocate GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 62. of this kind of legislative reproach to our non public schools, need diversity pluralism, what have you suggest that we, as this legislative responsibility. But as has been said before, I'm rather pained by the kinds of decisions which so forcefully suggest that virtually our roods are blocks constitutionally on this issue. I might say that the courts have spelled down three tasks that the...one that the statute must have a secular legislative purpose and two its princple or primary effect must be one that neither advanced or enhances religion, and three the stature must not falser and excessively governme: entanglement with religion. And I think its this third task where we're having the natty problem that we're having today. Now I recall when these bills came up, we had bills that the ah...county superintendent of schools suported to suggest minimal standards for non public schools, we heard word that this was unconstitutional. Just the other day there was some amendment attemtp to suggest that these bills were unconstitutional. We could use these one for our state aid. And I have a feeling that we're in trouble. The sponsor of this bill last fall when the Governor made his amendatory vetoes he said, Oh no, this is o-k and constitutional. The Illinois Supreme Court Said it wasn't. And I feel also the fact the we have a constitutional prohibition in our new constitution, not withstanding that we could rationalize the prohibition in the old constitution do to some other court cases, suggesting it conflicts with the 14th amendment, but the fact that we have reintroduced it suggestes a new, maybe this is kind of a legislative picutre of I linois. So with GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 63. great restraint and reluctance, I must vote no on. this legislation.". Rep. Arthur A. Telcser "Gentleman from cook, Representative Glass." Bradley M. Glass "Thank you Mr. Speaker. Ladies and gentlemen I was hoping to have an opportunity to ask the sponsor what would happen if the applications for grants for the school books and other services exceeded the ah..20.5 million dollar appropriation and ah...if he is inclined to anser in the explaination of vote, I would appreciate in knowing that."
"The gentleman from cook, Representative Mann "
"Well, Mr. Speaker and members of the House, I would like to articulate why I am voting 'no'. During my ten years in the House, I have consistently opposed this kind of legislation. I oppose it not because I think that parochial education, or parochiad, per say is evil or pernisious or that I don't recognize that many young people get a good education. But because I fear, and I always have feared, that the logical result of this legislation will be to destroy qur common schools. Will be to turn them into a part time institu- tion. Especially in the inner cities, where only black children will be in attendence and only poor children will be in attendence. And the public support that is so necessary for getting the kind of appropriations and the kind of creative programs necessary for public education will not be present, because the affluent in out society, and the near GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 4. 65. affluent will have their steaks elsewhere, in non public schools. I invision also a pliferation of many sex, religious sex, and idiological sex which will all try to take advantage which the bonus of this bill provides. I think this is going to move us in the direction of further polarizing our society. What I like about the public schools is that is creates the kind of mix that brings people together, not takes them apart. So I felt compelled to state my grounds for my refusal. Its not some kind of irrational liberal oposition, its based on my own overriding concern of public schools as the principle vehicle for public education in a democracy. That's where our stakes ought to be, and until we can provide our public schools with all the funding they need, with all of the teachers they need, with all of the classrooms they need, with all the creative programs they need, I think we're setting up a competive school system which will eventually spell the dume of the public schools." Rep. Arthur A Telcser. Gentleman from cook, Representative Hyde."
"Mr. Speaker, ladies and gentlemen of the House, just one comment in response to the last distinguished speaker. I have always thought that the school systems exist for children, not the children for the school sytem, and I think if you will think in terms of educating children rather than preserving one particular school system, you'll see the wisdom of this bill. Competition is healthy in business, its healthy in athletics, its healthy in politics, why shouldn't it be GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 65. healthy in education. Thank you."
"Gentleman from cook, Representative B. B Wolfe" B. B. Wolfe. "Briefly Mr. Speaker and ladies and gentlemen of the House, Senate Bill 1492 is appropriatly numberd because we're going to discover that this bill, and its companion will not save any needy public school of non public school of the eleven hundred seventeen private schools in the state of Illinois. And I'm amazed at the sponsors of this legislatio did not, in the rewriting of these bills consider that one factor. These bills, this particular bill will not provide the assistance required by the non public schools and particula the parochical schools that all of the surveys showed were in the red because of the heavy budget in the instructional area, or the teacher area, and these bills are limited to services and medical care, guidance and counselling, etc. not needed by these non public schools, and collect entirely the teaching staff area that is so much needed. And for us to vote....I have supported in concept the ah...non public schools support in the areas of need and that's evident by House Bill 5092 that's presently in committee and never got out of committee. And I would urge that we vote against this bill and its companion because it does not do the job that the sponsors indicate must be done in this area."
"Gentleman from cook, Representative Juckett."
"Mr. Speaker, its unfortunate that we did not GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 66. It discuss the bill. I think the ah...presumption that the school facilities are being out moted and are filled to capacity is wrong. It also requires that the text books that are available must e listed on a list by the superintendent. It indicates There you get the control of the private school. It also that every public school' must provide the books. indicates that the textbooks are sold to the children in the public school district, they do not have to be provided to the private school children. That is the case in my district, the kids are going to the public high school will not....on private high schools will not be benefited by this bill. It also indicates that the cost is a factor and if the private school has a certain text book and it cost more than the public school, that's tough, you can't get it It also indicated that the cost of administering the program will be born by the public school, the rentals go to the Superintendent of Public Instruction, so the public schools will bear the cost. In essense, ladies and gentlemen, its a hoax, it will not do the job that it is intended to do, and I'm just sorry that we couldn't disect the bill section by section and you's really learn what the bill is about and I would urge you to vote no."
"have all voted who wish? Take the record. Taking two records. On these questions there are 104 'ayes' 51 'nays'. And these bills having received a constitutional majority are hereby declared passed. Question is shall Senate Bill 1489 pass? All those in favor... Represen tative Schlickman do you wish to put any other motions or GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 67. ask for leave for any purposes? Or do you wish to take every bill on a single roll call?" Eugene E. Schlickman Mr. Speaker, and ladies and genlemen of the House, the next bill which I would appreciate you calling, which has already been read is Senate Bill 1489, the companion bill to Senate Bill 1497. It contains the appropriations for the implementation of the Senate Bill 1489, and I would ask for leave for one roll call on those two bills."
"Does the gentleman have leave? Question shall Senate Bill 1489 and ..... Representative Schlickman for what purpose do you rise, Sir?"
" Mr. Speaker, if I may I would simply like to briefly describe the bills? Thank you Mr. Speaker, I solicit your support."
"Question is shell Senate Bills 1489 and 1497 pass? All those in favor signify by voting 'aye' the opposed by voting 'no'. Have all voted who wished? Take the record. Representative Juckett, for what purpose do you rise, Sir?"
"Well, Mr. Speaker, the question was called for and we did not get a chance to ask questions. But I think its very interesting that in section seven of this bill, it says that the amount of the grant shall be determined by the average daily attendence of each applicants child. And I just for the life of me cannot understand how we can have an average daily attendence of one child. And It would be interesting of the sponsor could explain how you could have an average, when your only dealing with one item." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 68. Rep. Arthur A. : elcser: "Record Representative R. Walsh as voting 'no'. Hart 'no'. Representative Scariano, for what purpose do you rise, Sir?"
"Parlaimentary inquiry.".
"State your point sir."
"Are we on 1489, 1497 or both?"
"We're on both sir."
"Well, vote me no then."
"Record, Representative Scariano as voting no. Murphy 'no'. Representative Blades, for what purpose do you rise, Sir?"
"I want to talk to you. My switch was on green and I want it no."
"I'll listen to you Ben. Record the. gentleman his vote is 'no!. On this question there are 100 'ayes'. 54 'nays'. And these bills having received a constitutional majority are hereby declared passed. you wish to have the other bills..... Representative Schlickman for what purpose do you rise, Sir?"
Do Eugene E. Schlickman: "Mr. Speaker, I would ask leave of the House to have considered together Senate Bill 1499, and Senate Bill 1496. 1496 contains the appropriations for implementation of 1499." Rep. Arthur A. Telcser: do you rise Sir?" "Representative Simmons, for what purpose
"Well, Mr. Speaker, debate was cut off pretty quickly, but this 1499 creates the Illinois Educational Developement Fund...or Board Act, which is an appointed board GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 69. and in section seven of that ah...board it states that the actual administration and implementation of the decisions of the board shall be performed subject to the boards direction, by the office of the Superintendent of Public Instruction. Now, as I understand the office of the Superintendent of Public Instruction, at least for the next four years, is a constitutional office and elected. And according to this section an appointed board will be telling him what he must do. And I wanted to ask the sponsor ah...if he felt that was the proper way to approach a situation by having an appointed board telling an elected constitutional officer what to do. And I'm going to vote no on this bill."
"Mr. Speaker, in response to the question of the gentleman from cook, section seven as its contained in Senate Bill 1496 is identical as how it has existed from the outset and this section was developed following consultatio with the office of the Superintendent of Public Instruction."
"Question is shall Senate Bills 1499 and 1496 pass? All those in favor signify by voting'aye', the opposed by voting 'no'. And the clerk will take two roll calls. Have all voted who wished? Take the record. On these questions there are 103 'ayes', 47 'nays'. And these bill having received a constitutional majority are hereby declared passed. Record Representative Scariano as voting 'aye'. Record Representative J. J. Wolf as voting 'aye'. Senate Bills second reading. Senate Bill 851."
"Senate Bill 851. An act to amend sections 1, 2, 3, 4 and 5 of an act to provide for the distribution GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 70. of township funds etc. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. Senate Bill 857."
"Senate Bill 857. Bill for an act to amend the pension code. Second reading of the bill. No committe amendments."
"Are there amendments from the floor? Third reading. Senate Bill 1157."
"Senate Bill 1157. Bill for an act to amend the highway code. Second reading of the bill. One committee amendment. Amend Senate Bill 1157 in the House on page 1 by striking lines 12 and inserting in lieu thereof the following; 'the department made by written contract with the consent of both of the tranferal and transferee highway authority and subject to the approval of."
"Gentleman from Johnson, Representative McCormick."
"Mr. Speaker, I would move the adoption of the committee amendment ah..."
"Is there any discussion? Gentleman from cook, Representative Shea."
"C.L. as I understand this bill, and this amendment. the state departmant could transfer to a unit of local govern- ment either a county or a municipality, a highway for them to maintain. Is that correct?"
"You mean with the amendment? or what? "
"What does the amendment do?" GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES C.L. McCormick: "The "amendment, if you remember representative Shea, it was put on by your people you presented it to me in the committee, it simply made that they can contract for maintainence construction or ah...highway, any highway obligatic: before it was with the county or the township or the city. But you wanted to tie it down to where the governing body of the county, like the county board, or the city counsel, would have the authority to do it."
"Well, what I wanted to do...what I wanted to do and I'll look at it and I think this is my amendment. But I wanted to make it perfectly clear that the highway department couldn't do this unless it was concurred in by the local unit of government."
"That was the purpose of excepting your amendment. Because I wouldn't be for the bill if it doesn't haveyour amendment either." C
"Is ther fur...Gentleman from christian Representative Tipsword." Rolland F. Tipsword, "Will the gentleman yield to a question?"
"If I can answer it."
"I'll bet you can.. actually what this amendment does here really amounts to nothing, because actually the department can come in and say to this local unit of govermanent well if you don't agree to except this highway or this street or this road to maintain then this other highway over here where your wanting curb and guttering put in, or where your wanting a bipass around the city, or where your wanting the surface of the highway upgraded, this GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 72. simply won't happen."
"Well, at the present time, under the present law you know that if the impor vement comes through Vienna, they come in meet with the city counsel and say your going to have to provide X number of dollars for the city's share, and a contract like that. At the present time they can do that, now I can't tell you whether the highway department or any other arm of state government would surely ever want to twist anybody's arm, but now I'm not going to tell' you they wouldn't do it either, and to be perfectly honest with you, I feel an obligation because of Senator Vidalabene's bill and it is supported by the county superintendent of highways ah...in the state of Illinois to advance it to third reading. And I would have no objection to you voting no if you don't like it tomorrow or the next day."
"Thank you, I'm real glad to have your permission."
"Further discussion. Question is on the adoption of the amendment, all those in favor will say 'aye', opposed 'no'. The 'ayes' have it, the amendment is adopted. Further amendments? Third reading. senate Bill 1332." Fredric B. Selcke: Senate Bill 1332. Bill for an act to amend the Public Aid code. Second reading of the bill. No committee amendments."
"Are there any amendments from the floor? Third reading. 1364."
"Senate Bill 1364. Bill for an act to amend the aeronautics Act. Second reading of the bill. No committee GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES amendments." 73.
"Any amendments from the floor? Third reading. Gentleman from cook, Mr. Ron Hoffman.".
"Mr. Speaker, would you be kind enough to hold that on second reading please?"
"You want me to hold 1364 on second? Alright. No its been raad a second time, but leave it on second reading. 1371."
"Senate Bill 1371. House Bill...or Senate Bill 1371. Bill for an act to make an appropriation for the ordinary and contingent expenses of the Office Of leutendent Governor. Scond reading of the bill. No committee amendments.
"Any amendments from the floor?"
"Amendment number one, Nowlan. Amend Senate Bill 1371 on Line 10 by striking $119,950 and so forth."
"Gentleman from ah... Stark, Mr. Nowlan."
"Mr. Speaker, and members of the House, this is a matter of lesser significance but non the less important. I propose in this floor amendment to reduce by about $20,000 the appropriation for the office of Leutenant Governor in the upcoming fiscal year. As was poimted out a couple of days ago, when we discussed this amendment proposal briefly, this is a political year, and yet at the same time, I would make it clear that many people have asked me ah..about the roll and functions of the Leutenant Governor and so I have given substantial thought to this new office under the 1970 constitution. As Representative Lechowicz pointed out a couple GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 74. of days ago, the appropriation which Representative Hart is handling is ah...the same as that for the last fiscal year, even though the functions of the new office of Leutenant Govenor will be different from that of the present office. And I content that there can be reductions in the personnell line item in that office, without in any way crippling, what I hope will become, regardless of who holds the office, an effective and vital arm of the executive branch. For example, there will no longer be a need for a parlaimentarian to assist the Leutenant Governor in as much as the new officer will no longer have the duty of presiding over the Senate. And so, in some this proposal would reduce, by about $20,000 the appropriation request for the office of leutenant Governor. It would not in any sense effect the remaining six months operation of Governor Simons' office, but is drawn in such a way as to ah...effect the first six months of operation of the what would be the new office of Leutenant Governor.. Offer this proposal to you sincerely as a result of my study of the office. I wouldn't think we would spend a great deal of time on it. I think that we would discuss it and vote on it and move on to ah... further matters."
"Gentleman from Franklin, Mr. Hart." Richard 0. Hart: "Thank you Mr. Speaker, I oppose this amendment I appreciate the gentleman's economical venture here, but we've taken this amendment to the Leutenant Governor Paul Simon, who's had four years experience in the office. Ah. he recommends that we do not make these cuts for several reasons. One ah... that ah... for instance, ah...regardless of GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 75. of who the Leutenant Governor is, and the Governor come next year, this will give, in his opinion, the Leutenant Governor a little more maneuverability and be less reliant upon the Governor, whomever that may be, and ah...whator however they may get along. And ah...I would only suggest to the gentleman that in the event that the amendment is adopted, I would ask the Senate to make a contingent upon the election of the gentleman who offers the amendment."
"Gentleman from cook, Mr. Caldwell."
"Mr. Speaker, may I ask the sponsor of the amendment a question?"
"Ah...He indicates he'll yield."
"Representative Nowlan, in the event you are the Leutenant Governor next year, this $20,000 that this amendment deals with in the event you conducted your office in the manner that you have indicated, and you would have this left and the end of your term, or at the end of the year, couldn't you make anote of that and have it indicated as savings and turn it back into the General Treasurer?"
"There is a percedure, where we may lapse money, but I contend that is amrrible tool of public management if every appropriation were twenty percent greater than that which would be necessary to operate an office. There would be no way of this legislature to give an overview as to how best the money should be allocated and spent within State Government, and so I contend we should, just as Representative Regner and Lechowicz and the other members of the appropriatio: committee have been doing in other appropriations requests, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 76. look to exactly what it needed to operate an office, and appropriate only that amount so you will know what other recourses can be directed to ah... the needs of people in this state . I would point out that in my amendment proposal I actually seek to increase certain line items to reflect the expenditures in the office of Leutenent Govemor, in the past year. I think, although I have no quarrel with Leutenant Governor Simon at all, that if that office, which apparently generated this proposal, were to have done a third job they would have made a proposal based on their expenditure level for this year, rather than on the basis of simply taking last years bill and having it zeroxed and introducing it."
"I just want to say I marvel at your nievity and I would hope that ah... Government in fact, at some future date, would ah...be as realistic as you seem to visualize. "
"Gentileman from cook, Mr. Lechowicz/"
"Thank you Mr. Speaker, ladies and gentlemen of the House. If you recall we had Senate Bill 1371 before us approximately a week ago. At that time I spoke against the proposed amendment that was being offered by Representative Nowlan, and in turn it was withdrawn from the record, so we could check and so we could dialogue what the predent Leutenant Governor Paul Simon and his idea's as far as this amendment was concerned. In the appropriations committee he stated quite adequately as far as the justificatio for his budget, and in turn I think we all can look back at the record that Paul Simon has had, not only in this General GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 77. Assembly and this House and in the Senate, but also as a Leutenant Governor of this state, constantly being responsible to the taxpayers of Illinois. For this reason I think this amendment should be defeated, the man who is offering the amendment is running for this office, and in turn I don't believe he has the expertise, no other background to justify this amendment. I hope you do not support this amendment. Vote no."
"Gentleman from Stark, Mr. Nowlan to close."
"Mr. Speaker and members it takes no expertise to read the new state constitution and realize that there will no longer be a parlaimentarian assigned to the Leutenant Governor, because he no longer presides over that office. That is one of the simple criteria on which I based this proposal. I have no quarrel with Leutenant Governor Simon, he has done a relatively effective job as an Independent Officer of State Government. But I would further point out that as an independent officer, Seperate from the executive Branch, his appropriation has grown dramatically in the past three years. The new Leutenant Governer, regardless of who he shall be, will be a part of the executive Branch working with the Governor, and therefore, that person will have the resources of the executive Branch, with which to work. I further to not believe the Leutenant Governor should continue to fill the roll of ombudsman, or as in difference to Represen- tative Arrigo, a Tribune ex Populai, because the concept of the ombudsman is one who is an adversary roll representing an individual who has the complaint against the governmental GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 73. structure. And that ah...person representing the individual should not be someone who is within that executive branch as the new leutenant governor will be. And therefore, as one who feels the need to look at the new office of leutenant governor, and who has developed a statement on roll and function, I simply look to the appropriation and felt that these amendments on certain lines would be responsible, and that. is why as a legislator, I am offering them to the rest of the members of this House, and I stand by them as being highly responsible and that this reduction, in the appropriation is something that any new leutenant governor can live with and operate effectively with. And so I ask that we support this amendment."
"Alright, ah...question is on the adoption of the amendment. All those in favor say 'aye', opposed. 'no'. All those in favor vote 'aye', and the opposed 'no'. Have all voted who wished? Have all voted who wished? The clerk will take the record. On this question there are 86 'ayes', 63 'nays'. And the amendment is adopted. Are there further amendments? Third reading. 1380."
"Senate Bill 1380. An act to amend section 1 of an act that declares certain building projects and facilitie in the public interst. andsoforth. Second reading of the bill. No committee amendments."
"Any amendments from the floor? Third reading. 1392."
"Senate Bill 1392. An act to amend the Ill. Highway code. Second reading. No committee amendments." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 79.
Third Hon. W. Robert Blair: "Any amendments from the floor? reading. 1411."
"Senate Bill 1411. An act to amend an act in relation to water supply draining, sewerage, polution and flood control in certain counties. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. 1413."
"Senate Bill 1413. An act to amend the Illinois Pension Code. Second reading of the bill. No committee amendments?"
"Any amendments from the floor? Third reading. 1422."
"Senate Bill 1422. Bill for an act to amend the school code. Second reading of the bill. No committee amendments." Hon. W. Robert Blair: 'Are there amendments from the floor? Third reading. 1424.:"
"Senate Bill 1424. An act to amend the Revenue Act. Second reading of the bill. No committee amendments?"
"Any amendments from the floor? Third reading..."
"Amendment number one, Hall. Amend Senate Bill 1424 on page 2, line 8 by deleting the word reimbursement and inserting in lieu thereof: 'Pay.' And on page 2 etc."
"Gentleman from McLean, Mr. Hall." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 80.
"Mr. Speaker, this amendment on this bill of which I am co sponsor provides that ah...the pay of ah..the ah... supervisor of assessments in all of the counties of the state, will be paid six months at a time, rather than monthly. This will reduce the paper work to the state, and it makes for a more efficient operation. They will pay them six months in advance, each six months. I move for adoption of this amendment
"Discussion? All thosein favor of the adoption of amendment say 'aye', opposed 'no'. the 'ayes; have it, the amendment is adopted. Further amendments? Third reading. 1420."
"Senate Bill 1420. An act to authorize the Director of Conservation and Conveying to quick claim deeds certain state owned land in Sangamon county. Second reading of the bill. No committee amendments."
"Any amendments from the floor? Third reading. 1409."
"Senate Bill 1409. Bill for an act to amend the election code. Second reading of the bill. No committee amendments."
"Are there any amendments from the floor? Third reading. 1428.".
"Senate Bill 1428. A Bill for an act to amend The School code. Second reading of the bill. No committee amendments."
"Are there any from the floor? Third reading. 1431." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE. OF REPRESENTATIVES .81.
"Senate Bill 1431. A Bill to amend the school code. Second reading of the bill.. No committee amendments."
"Are there any from the floor? Third reading. 1449."
"Senate Bill 1449. A Bill for an act to amend an act to provide for the establishment of water authorities. Second reading of the bill. No committe amendments."
"Any amendments from the floor? r. Gentleman from Effingham, Mr. Keller."
"Mr. Speaker, would you take this bill out of the record for the time being?"
"Surely. 1450.[
"Senate Bill 1450. A Bill for an act to amend sections of the Illinois Highway code. Second readingof the bill. No committee amendments."
"Are there any from the floor? Third reading. 1458."
"Senate Bill 1458. A Bill for an act to amend the Pension Code. Second reading of the bill. No committee amendments."
"Are there any from the floor? Third reading. 1487."
"Senate Bill 1487. A Bill for an act to amend an act of the Medical practice Act. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. 1494." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 82.
"Senate Bill 1494. A Bill for an act to amend the Illinois Public Aid Codes. Second reading of the bill. One committee amendments. Amend Senate Bill 1494 on page 1, by striking line 33 and inserting in lie thereof the following ' increase to; ' to the minimum extent to required, and two to the maximum extent permitted by federal law or regulation in effect as of the date that this amentatory act becomes law."
"Gentleman from cook, Mr. Ron Hoffman."
"Thank you Mr. Speaker, ladies and gentlemen of the House. This amendment was recommended by the Department. Its clarifying language in effect, and I move for its adoption.
"1319...... Oh, I'm sorry. Alright, the question is on the adoption of the amendment. All those in favor say 'aye', opposed 'no'. The 'ayes' have it, the. amendment is adopted. Are there further amendments? Third reading. Now, 1319."
"Senate Bill 1319. A Bill for an act to provide for the ordinary and contingent expenses, of the Department of Agriculture. Second reading of the bill. Two committee amendments. Amend number one...... Amend Senate Bill 1319 on page 2, section 1...."
"Alright, the gentleman....wait a minute now...the gentleman from cook, Mr. Simmons, for what purpose do you rise?"
"I believe we adopted number one and two to this bill ah...on the 26th, yesterday." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 83.
"Gentleman from cook, Mr. Shea."
"Mr. Speaker, and ladies and gentlemen of the House, I don't know if those amendments were adopted. There were a series of discussions about this bill on the floor. I believe Representative Brumitt's got some amendments that are exceptable to Representative Hunsicker, that will put this bill in exceptable shape."
"Gentleman from Franklin, Mr. Hart." Richard 0. Hart: "Well, to clear up any confusion, I move that we table committee amendments one and two."
"Well, what about the gentleman from Livingston, Mr. Hunsicker?"
"These committee amendments were put on in committee, ladies and gentlemen of the House and Mr. Speaker, and I move their adoption."
"Alright, now, we've got a problem. Gentlema from Franklin, Mr. Hart." Richard 0. Hart: "Well, I believe my motion takes presidence."
"Ah...alright, wait a minute, the clerks' office defines it now, in checking, that ah...the bill was taken out of the record, before there was action with respect to the two amendments." Richard 0. Hart: "Well, I'll still make the same motion...."
"Alright, he's going to offer to move for the adoption of those amendments."
"I move that tabeling, that the amendments be not tabled." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 84.
"Alright, now ah...I think, in order to ah...have it set up properly ah...your motion should be that you move to adopt ah...committee amendment number one. Now on that question ah...is there...wait a minute....is there discussion on the gentleman's motion to adopt committee amendmen number one? Discussion? Gentleman from Franklin, Mr. Hart" Richard 0. Hart: "Ah...yes, Thank you Mr. Speaker, ah...this amendment should not be adopted because representative Brummet has another amendmen, which I think will be number three, which will be in conflict with this one, and which is much broader and which I understand, from the discussion here, is exceptable to the sponsor. So if we adopt this motion ah... it should be only for the purpose of him moving to table it, because it will be unexceptable in a later point in this same proceeding."
"Further discussion? Gentleman from cook Mr. Ewell."
"I wonder if the sponsor wouldyield to a question? Ah...Representative Hunsicker, the one think that concerns me, I wondered why we didn't take the total approp- riation for this bill out of Agricultural Premium Fund ah.. instead of taking ah...half of it from the ah... General Revenue. Is there any reason for that?"
"I cannot give you the answer to that, all know is that it has never all been taken out of Agricultural Premium Fund.""
"Would it be...I mean consistent with the Premium GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 85. Fund, wouldn't it be sort of consistent if we took ah...the Agricultural fund budget out of the Agricultural Premium Fund, which is specially set aside, and then have a little more General Revenue to take care of other expenses?"
"I can't give you that answer, Representative, I don't know how they handle their books out at the Department.'
"Well, can you refer me to anyone who might know how they handle the books?"
"I imagine the director would know."
"Oh. Alright. Thank you."
"Any further discussion? Question then is on the adoption. Gentleman from cook, Mr. Regner."
"Mr. Speaker, Representative Hart made a comment that they have another amendment which is broader than the two amendments from the committee, and I think probably to extradite the whole matter, ah... the Judicial serves to call upon Representative Hart to explain this other amendment that ah...someone has on the other side over there."
"Gentleman from Franklin, Mr. Hart." Richard 0. Hart: "I'm afriad ah...at this point that the amendments number one and the number three would be in conflict, and I think there are portions of number one that we want, and not the whole thing. So I would suggest that may be we ought to take this out of the record until we can get this straightened out."
"Alright, the....... The gentleman from Livingston, Mr. Hunsicker." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 86.
"My understanding was we were going to adopt all three amendments, let it go to conference committee and iron out our difficulties."
I think Hon. W. Robert Blair: "Gentleman from Franklin, Mr. Hart." Richard 0. Hart: "That would be satisfactory with me if the Speaker, would rule that they are not in conflict. you're going to have to look at number three, because it would amend the bill as amended, and I'm not sure that the figures are correct. It might be able.... you might be able to cure it by interlineation."
"Alright, the gentleman from ah... Livingston, Mr. Hunsicker."
"Mr. Speaker, I will take it out of the record for the time being. I have been informed that the amendments are in conflict, I didnt know they were. So we'll take it out of the record for the time being."
"O-K. 1436."
"Senate Bill 1436. A Bill for an act to amend the Criminal Code. Second reading of the bill. One committee amendment. Amend Senate Bill 1436 in the House, by striking lines 11 and 12, inserting in lieu thereof the following; 'Upon writen petition of the Chief Executive Office of the Campus or any credited institution etc."
"Gentleman from Champaign, Mr. Clabaugh."
"Ah...Mr. Speaker, Members of the House, this is the bill that we had up some two weeks ago when the motion was made to table all Senate bills. We were right in the midst GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 87. of consideration of this bill. This is the bill that declares it to be against the public policy of this state to sell and offer to sell etc..academic papers. Now the Judiciary Committee I adopted the amendment that the clerk was just reading. We learned in consultation with the Reference Bureau that this bill had to be taken from the ah... Criminal Code, and put in the Civil Administrative Code, and when we did that, Mr.Speaker, we incorporated the amendment that the committee had adopted. And so I move, Now Mr. Speaker, that this committee amendment number one be tabled."
"Alright, ah...gentleman has offered to move the adoption and now moves it to table that amendment. Gentleman from cook, Mr. Shea on that."
"Now, I just asked the Sponsor a question. Was amendment number one, the amendment that would have switched this from the Criminal Code to the Civil Administrative Code?"
"No Sir. It was one that took...that made another change in the bill that change being that it referred the Chief Campus Officer would refer it to the State's Attorney or the Attorney General, rather than moving directly to the court. That was what that amendment was. But now that amendment has been incorporated in the amendment that Mr. Bobbit drew, so that we don't need this amendment and the second, amendment number two, striking everything after the enactingj clause and just putting it in the other code is amendment number two, and it has this included in it."
"Alright, I've got a parlaimentary inquiry. When GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 88. you offer amendment number two."
"Alright, all thosein favor to table say 'aye'. opposed 'no'.. On the motion to table, Mr. Simmons?"
"On an committee amendment, doesn't it have to be adopted before its tabled?"
"I offered to move its adoption and then moved to table. I consolidated those. Ah...so that's whats happened. I offered to move the adoption, and then moved to table. And the motion to table prevails. And now further amendments."
"Amendment number two, Clabaugh. Amend Senate Bill...
"Gentleman from Champaign, Mr. Clabaugh."
"This amendment ah..simply incorporates thất amendment ah...and just shifts the entire bill from the Criminal Code to the Civil Administrative Code, Mr. Speaker."
"Is there any discussion? Gentleman from cook, Representative Shea."
"Mr. Speaker, ladies and gentlemen of the House, This amendment would, in effect, change the entire proport of this legislation. As it came over from the Senate, it went through three readings in the Senate and a reading in the House as an amendment to the Criminal Code. Now the... I ask if the amendment is germane in the respect that now it knocks everything out of the Criminal Code and proports to set up a new act in the Civil Administrative Section of our Statutes?"" Rep. Arthur A. Telcser: ser: "Representative B. B. Wolfe, for what purpose do you rise, Sir?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 89.
"On the same point, Mr. Speaker, if you will note in our digest its chapter 38, paragraph 38.4. I haven't seen the amendment, but apparently from the discussion on the floor, we are now moving this amendment in another Chapter and section of the Illinois Revised Statutes and I would think that that procedure is improper and not consistent with the rules of this House."
"Gentleman from Champaign, Representative Clabaugh."
"When what the gentleman, Representative Wolfe said is exactly true, but the bill is word for word with what it was before in the Criminal code, with the change of the amendment that was adopted in the committee and just ah...tabled. Now the gentleman from cook, Mr. Shea raised this same question ah...as I took it was a question on informa- tion and not one of opposition at all ah...to the bill. I had already anticipated that question, Mr. Speaker. And had asked Mr. Bobbitt what his feeling was, and he toldme that it was correct to do it this way. When the Speaker then asked me, after we had the bill up at hearing the last time, to give him some documentation, and I got a memo from Mr. Bobbitt, and gave it to the Speaker, and he told me this morning, I'm sorry he just now left the podium, but he told me two weeks ago and again this morning that he would rule that the procedur was correct, it was germane in that it merely transfers this bill from one code to the other and did not change the meaning of it at all." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 90.
"Well, Representative Shea, the Speaker did inform me of his conversation with the Reference Bureau and the ruling of the Chair will be that the amendment is Germane. Representative Shea, for what purpose do you rise, Sir?"
"Well, I just want to be perfectly clear of where we stand with germainess now. What you just told me is that I can stay within the same subject matter and go from either an attempted amendment to a bill to a new act, and still be germane, so in effect your saying that any amendment within an act is germane?"
"Representative Shea, the Chair has ruled on this amendment...this bill, and nothing beyond that sir."
"Would you, for the purposes of the record, clarify for me, how an amendment to a section of the Criminal Code can strike in effect everything after the enacting clause and create a new act and be germane."
"I don't think that's necessary Representa- tive Shea, particularly in view of the fact that Representative Clabaugh discussed this just prior to the Chair's ruling."
"Well, I know, and I...like I said, I have no opposition to the bill, but I would, as you as a temporary speaker of the House like to make it perfectly clear, cause as you realize we have a record of this, and that for future references, I certainly want to be chrystal clear where we stand on this point."
"Is there further discussion. Gentleman from Champaign, Representative Clabaugh." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 91.
"I move adoption of amendment number two Mr. Speaker."
"Gentleman has.... Gentleman from cook, Representative Rayson.".
"Ah...a couple of questions to the sponsor of the amendment?"
"He indicates he'll yield."
"Mr. Clabaugh, what act in the code now would this amendment would fall into; the Administrative Reveiw act or what?"
"The amendment reads after the enacting clause. An act in relation to the sale or use of academic papers."
"It doesn't refer to any chapter, section in the statute then."
"That's correct."
"Alright, the next question then; does the amendment then make the procedure civil only for application for injunctive relief for this kind of...."
"Ah..its civil only with injunctive relief"
"O-K. The next question is; in order to get injunctive relief in our courts, there must be a showing of irreperable injury or something dier. Now is this kind of legislative interest that sufficient that the courts would entertain injunctive relief for?"
"Oh..I would have no opinion, I would suppose it would. I suppose an injunction would be an injunction."
"Alright, the last question, and that is I just GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 92. heard the other day....I just heard the other day that there's a computor service in the city of Chicago that, if you ask for this service for anything, they will give you, for a fee, anything you want, one of which is themes and reports and so on, for college material. Does it strike at this problem at all, or does it have built in limitations for students who seek sales?"
"I don't think I understand your question, it simply the bill sets up that it is against public policy to sell to offer to sell to advertise for sale, academic papers. And quite frankly the bill was drawn by the reference bureau, it was amended by the reference bureau, I think they would have taken into consideration all of those things, and the main thing that I am interested in that this House go on record of against the nuferious practice of selling ah... academic papers that are used to be the ah..proported to be the paper of the student itself. Naturally I can't answer all of these legalistic questions on court procedures at all."
"Well, yea, but does it say that these academic papers cannot be used in school purposes for the student. mean, is that part of the bill?".
"That's right."
"In other words, if I wanted some academic papers myself, ah...no application under your amendment, is that right?"
"Why of course not."
"Gentleman from Cook, Representative Meyer." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 93.
"Question to the sponsor, Mr. Speaker?" Rep. Arthur A. Telcser: He indicates he'll yield."
"In your explaination of the amendment your made reference to the fact that there were certain penalties attached for the use of these papers? Is this true."
"I didn't get one word you said, What...."
"Is there a penalty of the student if he used these?"
"There's no penalty to the student, the penalty is..that's for the University to handle themselves, this is against the offering to sell, the advertising for sale of those papers. There are certain centers where that is done."
"Yea, but it does not relate to the use of these."
"It doesn't relate to the use of it as a penalty to the student, no Sir."
"Is there further discussion? Gentleman has offerd to move the adoption of amendment number two to Senate Bill 1436. All in favor of the adoption signify by sahing 'aye', opposed 'no'. The amendment is adopted. Are there further amendments. Third reading. Senate Bill 1446."
"Senate Bill 1446. A Bill for an act to convey land in Addams County. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. Senate Bill 1447." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 94.
"Senate Bill 1447. A Bill for an act to amend the Game Code. Second reading of the bill. No committee amendments.
"Are there amendments from the floor? Third reading. Senate Bill 1448."
"Senate Bill 1448. A Bill for an act to amend sections of the Fish Code of 1971. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. Senate Bill 1449."
"Senate Bill 1449. A Bill for an act to amend sections of an act to revise the establishment of water authorities. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Representative Shea, for what purpose do you rise, Sir?"
"The sponsor of that legislation, isn't that Representative Keller? He asked to have that held before, and I don't see him on the floor and I don't know thepurpose of it."
"Oh, I'm sorry, would you take that out of the record please? Senate Bill 1455."
"Senate Bill 1455. A Bill for an act to amend sections of the school code. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. Senate Bill 1428."
"SenateBill 1428. We've done this." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 95.
"Senate Bill 1456."
"Senate Bill 1456. A Bill for an act to amend sections of the act in relation to the prevention of certain communicable diseases. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. Senate Bill 1460."
"Senate Bill 1460. A Bill for an act to amend sections of the Illinois Insurance Code. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third readng. Senate Bill 1461."
"Senate Bill 1461. A Bill for an act to amend the Pension Code. Second reading of the bill. One. committee amendment. Amend Senate Bill 1461 in the House by adding immediately after section 1 the following' Section 2, this act takes effect upon it becoming a law." Rep. Arthur Á. Telcser: "Gentleman from Randolph, Representative Springer."
"Mr. Speaker, and ladies and gentlemen of the House, I move the adoption of committee amendment number one to Senate Bill 1461."
"Gentlman from gook, Representative Shea."
"Yea, Representative Springer, this bill was taken from the table yesterday, placed on the order of first reading and then moved to second reading today, now or when was it taken....." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 96.
"it was on second reading when it was tabled."
"Alright, it was on second reading, at the time it was tabled? Alright, now this bill has gone to committee?"
"Alright, yes it has."
"This is a committee amendment."
"All this does, the amendment is the date of ah...signiture, July the 1st." Rep. Arthur A. Telcsér: "Alright, is there any further discussion? If not the gentleman has offered to move the adoption of committee, amendment number one to Senate Bill 1461. All in favor of the adoption signify by saying aye', opposed 'no'. The amendment is adopted. Are there further amendments? Third reading. Senate Bill 1485."
"Senate Bill 1485. A Bill. for an act to amend the Illinois Purchasing Act. Second reading of the bill. NO committee amendments."
"Are there any from the floor? Third reading. Senate Bill 1501."
"Senate Bill 1501. A Bill for an act to amend the Rabis control Act. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. Senate Bill 1504."
"Senate Bill 1504. A Bill for an act to amend the School Code. Second reading of the bill. One committee amendments. Amend Senate Bill 1504 by deleting lines 25 through 33 on page 1, and line 1 through 12 on page 2 and GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 97. inserting in lieu thereof the following; and so forth."
"Gentleman from cook, Representative Palmer."
"Ah..I ask the committee amendment be adopted."
"Is there any discussion? Gentleman has offered to move the adoption of amendment number one to.... Gentleman from Franklin, Representative Hart." Richard 0. Hart: "Out of the record."
"You want that out of the record? He wants that out of the record. Senate bill 1512."
"Senate Bill 1512. A Bill for an act to amend sections of an act in relation to Air Port Authorities. Second reading of the bill. No committee amendmens."
"Are there amendments from the floor? Third reading. Senate Bill 1524."
"Senate Bill 1524. A Bill for an act to amend the Cigarette Tax Act. Scond reading of the bill. No committee amendments."
"Are there amendments from the floor? Is Representative Hall on the floor? Take that out of the record: Senate Bill 1529."
"Senate Bill 1529. A Bill for an act to amend an act relating to Real Estate Brokers. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. Senate....O-K, Representative Hall has returned, let's go back to Senate Bill 1524. It has been read a third time, there is one amendment. Senate Bill 1524." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 98.
"Amendment number one, Hall, amends printed Senate Bill 1524 on page 2, section 4 on line 18 by striking 1% and by inserting in lieu thereof 5%."
"Gentlman from McLean, Representative Hall.""
"Mr. Speaker and ladies and gentlemen of the House, this bill is the Cigarette Tax Act ah...whereby the Department will issue ah...licenses and ah...refused to issue licenses under certain conditions. One of the conditions provides that someone of unsavory character ah...who owns 1% of the stock of a corporation ah...could be denied ah... this distributorship ah...authorization. This amendment changes that 1% and makes it 5% ah...keeping it in conformance with the Liquor control act in this respect. I move adoption of this amendment."
"Representative Simmons, for what purpose do you rise, Sir?"
"What is the number of this amendment?"
"Amendment number one."
"Well, ah..the digest says that there was an amendment number one that was tabled."
"Representative Hall, for what purpose do you rise, Sir?"
"Well, Mr. Speaker, maybe ah...the amendment wasn't tabled ah...actually these bills were tabled, and the amendment that has been discussed in the committee ah...has never been offered to my knowledge, and so...until this time. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES But the bills were tabled." 99.
"Is that O-k? Alright. Is there further discussion? Gentleman has offered to move the adoption of amendment number one to Senate Bill 1524. All those in favor of adoption signify by saying 'aye', opposed 'no'. The amendment is adopted. Are there further amendments? Third reading. Senate Bill 1525."
"Senate Bill 1525. A Bill for an act to amend the Cigarette Use Tax Act. Second reading of the bill. No committee amendments."
"The gentleman from McLean, Representative Hall."
"Mr. Speaker, this bill is identical in respect to the Cigarette Tax Use Act as the previous bill applied to the Cigarette Tax act. The amendment is also identical changing from one percent to five percent the stock ownership of the corporations involved. I move fore the adoption."
"O_k, Will the clerk read the amendment."
"Floor amendment number one, Hall, amdn Senate Bill...
"The gentlman has offered to move the adoption of amendment number one to Senate Bill 1525. All those in favor of the adoption signify by saying 'aye', opposed 'no'. The amendment is adopted. Are there further amendments? Third reading. Representative Hart, for what purpose do you rise, Sir?"
"I would like the Journal for my no vote on both of those amendments to be Journalized." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 100.
"O-K, does the gentleman have leave to have his votes journalized. If there is no objections the Journal will show that Representative Hart has voted no on amendment number one to Senate Bill 1524 and also amendment number one on Senate Bill 1525. Senate Bill 1530. "
"Senate Bill 1530. A bill for an act to amend the Medical Practices Act. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. Senate Bill 1532."
"Senate Bill 1532. A Bill for an act to amend sections of an act concerning conveyances. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. Senate Bill 1534."
"Senate Bill 1534. A Bill for an act to create the Joliet Marquette Tri-Centennial Commission. reading of the bill. No committee amendments."
Second Rep. Arthur A. Telcser: "Are there amendments from the floor?"
"Amendment number one, Juckett, Amend Senate Bill 1534 by deleting Joliet and inserting in lieu thereof, Joliet..."
"Representative Juckett."
"Mr. Speaker, and ladies and gentlemen of the House, all this amendment does, is because it is important to Joliet, it does correct the spelling of Joliet. So that the spelling would now be correct."
"Is there further discussion? Gentleman GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 101. has offered to move the adoption of Amendment number one to Senate Bill 1534. All those in favor of the adoption signify by saying; aye', opposed 'no'. The 'ayes' have it, and the amendment is adopted. Are there further amendments? Third reading. Senate Bill 1535."
"Senate Bill 1535. A Bill for an act making an appropriation to the ordinary and contingent expenses of the Department of Corrections. Second reading of the bill.. Two committee amendments. Amendment number one' Amend Senate Bill 1535 on page 1, line 11, by deleting $1,864,300 and inserting in lieu thereof; '$1,914,300....."
"Gentleman from cook, Representative Regner."
"Mr. Speaker, ladies and gentlemen of the House, Committee amendment number one to 1535 results in a total reduction of $1,324,500 to the appropriation to the Department of Corrections. I'd move for the adoption of committee a mendment Number one.":
"Is there any discussion? Gentleman has offerd to move the adoption of committee amendment number one to Senate Bill 1535. All in favor of adoption signify by saying 'aye'. Opposed.'no'. The amendment is adopted. Are there further amendments?"
"Amendment nfumber two, amend Senate Bill 1535 on page 16 by....."
"Gentleman from cook, Representative Regner." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 102.
"Mr. Speaker, ladies and gentlemen of the House, Committee amendment number two puts in $15,700,000 of Capitol money for ah...correctional units that were cut in the Senate, and I would move for the adoption of committee amendment number two to Senate Bill 1535."
"Is there any discussion? Gentleman has offered to move the adoption of amendment number two to Senate Bill 1535. All those in favor of the adoption signify by saying 'aye', opposed 'no'. The amendment is adopted. Are there further amendments? Third reading. Senate Bill 1554."
"Senate Bill 1554. A Bill for an act making an appropriation in connection with Transportation of school children. Second reading of the bill. No committee amendments.
"Are there amendments from the floor? Third reading. Senate Bill 1561.".
"Senate Bill 1561. A Bill for an act to amend the school code. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. Senate Bill ......O-k, let's take that out of the record, there's a missing amendment somewhere. Senate Bill 1574."
"Senate Bill 1574. A Bill for an act to amend sections of an act relating to Civil Service in Park Systems. Second reading of the bill. No committee amendments."
"Are there amendments from the floor? Third reading. Senate Bill 1561." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 103.
"Senate Bill 1561, Amend Senate Bill 1561, Nowlan on page 2, by striking by lines 2 and inserting in lieu thereof.
"Gentleman from Will, Representative Houlihan."
"I move for adoption of amendment, number one, to SEnate Bill 1561."
"Is there any discussion? Gentleman from cook, Representative Simmons."
"What does the amendment do."
"Oh, here's Representative Nowlan, he's come to the floor. Gentleman from Stark, Representative Nowlan."
"Representative Simmons, this is the same amendmen as number three adopted to a similar bill sponsored by Represe: tive Choate. It simply amends that section of the school code related to veteren's scholarships to clarify an ambiguity and change from an award which shall last for four years, to language which states the award shall be for the equivilent of four years full time enrollment at a public college or University. Some administrators were taking the award from the date at which the Veteren first applied for it, and simply letting it run for four, Calendar years, even though a Veteren may have dropped out of school for a couple of years and then returned to find that he actually had only one year of his scholarship remaining, when what was meant for all was that they would have the scholarship for the equivilent for four years fulltime enrollment." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Rep. Arthur A. Telcser: 104. "Is there further discussion? Gentleman has offered to move the adoption of amendment number one to Senate Bill 1561. All those in favor snigy by saying 'aye' opposed 'no'. The amendment is adopted. Are there further amendments? Third reading.".
"1550."
"Senate Bill 1550. A Bill for an act to provide for the ordinary and contingent expenses of the Department of Public Aid. Second reading of the bill. Four committee amendments. Amendment number one, Amend Senate Bill 1550 in the House....."
"Gentleman from cook, Mr. Telcser."
"Mr. Speaker, and ladies and gentlemen of the House, committee amendment number was in essence an agreed amendment, it put back into Senate Bill 1550 the transferabilit power that Governors office would have in the Department of Public aid, and I now move that amendment number one to Senate Bill 1550 be adopted." Hon. W. Robert Blair: adoption of the amendment say 'aye', opposed 'no', the 'ayes haveit, the amendment is adopted. Further amendments." "Discussion? All those in favor of the
"Amendment number two, Amend Senate Bill 1550 on page 2, section 2, lines 17 by striking $579,085,700 and inserting inlieu thereof, $572,885,700."
"Gentleman from cook, Mr. Telcser."
"Mr. Speaker and ladies and gentlemen of the House, amendment number two returns a medicheck program, in essence, back to the Department of Public Health, where it GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 105. appeared originally. This amendment also, ah...was a somewhat a greed amendment, I don't recall, that it received any decending votes in the appropriations committee, and I now move Mr. Speak that amendment number two to Senate Bill 1550 be adopted."
"Discussion? All those in favor of the adopted of the amendment... Discussion? Gentleman from cook, Mr. Kosinski."
"Only to agree with Art, that it was an agreed amendment, and I would concur with adding the amendment to the bill."
"Alright, all those in favor of the adoption of the amendment say 'aye', opposed 'no'. The 'ayes have it the amendments adopted, further amendments."
"Amendment number three. Amend Senate Bill 1550 in the House, on page 2 section three by striking lines 28 through 31 and inserting in lieu thereof the following; Section three and so forth."
"Gentleman from cook, Mr. Telcser: "
"Mr. Speaker, and ladies and gentlemen of the House, amendment number three to Senate Bill 1550 is the amendment which restores to this Department's appropriation the institute for social policy. And the original appropriatio. $2,300,000 was the request. The amendment which we offered in the appropriations committee, and was adopted, is in the amount of $1,900,000. And I now move, Mr. Speaker, that amendment number three to Senate Bill 1550 be adopted."
"Gentleman from Peoria, Mr. Lauterbach." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 106.
"Well, Mr. Speaker and members of the House, amendment number three, in my opinion, is certainly a place where we could save some badly needed funds. There's been reported to me that this agency has seriously interfered with the regular affairs of the Department of Public Aid, in Tazwell and Peoria counties. They have created a mass of appeals and kept the public aid rolls costs far greater than they need be. I've received many calls on this issue, since last week, all of whom advise me that this is a wasteful expenditure of tax money. In the beginning I was informed the purpose of this agency was to check into all aid cases to justify the aid given the recipient. Instead they have increased the aid rolls by seeing that all receivers of aid are getting everythi they need, or more. Now they make sure they are comfortable. In my opinion, Members of the House, this amendment should be soundly defeated."
"Gentleman from cook, Mr. Kosinski."
"Ah..Mr. Speaker, ladies and gentlemen of the House, while it is true that this amendment carried in appropriations commitee, it carried over much protest. It was the feeling of members of this committee that while the theory of the institute for social policy was an excellent one, we were not able to justify this expense to the taxpayers money in our minds, with results provided by that institute. The director was given an opportunity to provide such results, but not to our satisfaction, I'm afriad, and I would oppose the amendment and the return of these funds." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 107.
"Gentleman from cook, Mr. Telcser: "
"Mr. Speaker, in closing, I can only ah... assume that my colleague on this side of the aisle, the distinguished gentleman ah...is somewhat mistaken. The newspapers from his district, in fact, have editorialized in favor ah...of this amendment, simply because the agency is a very fine, program in what I believe to be ah...that part of the State. I recognize that that may be a false assumption but Mr. Speaker, I submit to you and the members of the House that this is a sound amendment, that's important, and I now move that amendment number three to Senate Bill 1550 be adopte
"Gentleman from cook, Mr. Shea."
"I might have missed something in the sponsor's explaination, I'd like to know exactly what this million nine is for."
"Representative Shea, the million nine is to fund the Agencies on Social ah...planning. This agency, as you know, has a couple of programs which have been quite effective this year. One of which is in a tri-county area of the state. The agency also works to plan innovative methods and review of the entire public aid program. By having this agency available to us in this Department, it can be, and we hope it will be the hope for a renovation and a revamping of the Welfare system in our state. Needless to say, we've had problems in the past, but the agency is coming aroung quite well, and I hope that you will join with me in having amendment. number three adopted." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 108.
"Gentleman from cook, Mr. Juckett."
"Mr. Speaker, and ladies and gentlemen of the House in the Monday ah....yesterday's edition of the Chicago Sun Times, it has a story about the institute ah...for social policy. And in this case it was a three million dollar creation. of the present administration two years ago, and since its spent only a small portion of its appropriation that year. Its held at 2.3 million last year, and this year of course they're only asking for 1.9 million. It indicates that it was suppose to be the research and planning arm of the Public' Aid Department, in fact, in quotes that its a virtual multi- million dollar contingency fund. And as examples, it quotes that the health Department survey in Senator Bruces district where the technical assistant team acknowledged, it wasn't on the Health Departments payroll but on the institute's payrol In Chicago, they indicated that auditors found payments to the University of Chicago for repair work and remodeling of a new oven, as well as for pay of security guards. It also detailed a 100,000 transfer of funds to the Governor's Office of human resources, which is a seperate appropriation and ah...Senator Bruce indicates that in his opinion it would be clearly unconstitutional and illegal. So it would appear that maybe there's a little bit more than meets the eye for this so called institute for social policy, and maybe it would be a good idea that we here in the House, do not adopt this amendment, and let the Department of Public Aid strugle along with their one billion, four hundred million or six hundred millions dollars, and maybe they themselves can figure out ways GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES of ah...curing some of the problems, but it appears that from what was printed in the Sun Times, this particular institute is absolutely unecessary, and my understanding is that in the original bill, as it passed the Senate, and it was carried by the Chairman of the Legislative Advisory Committee, that no part of the appropriations for public aid, at all, were supposed to go to this institute for social policy. And with this kind of a background, I think that we would be rather foolish if we adopted this amendment, and let's save the state some two million dollars and then we don't have to worry about ways of raising new monies."
"Further ah....the gentleman from cook, Mr. Yourell."
"Thank you Mr. Speaker, ladies and gentlemen of the House on five different occasions this morning members have indicated and presented so called facts from our news media, and I say to you and caution you thatif your going to rely on the facts, so called, that you read in the news media you can't possibly make a responsible legislative decision. I say there are Departments of State Government that will provide you with the facts, rather than reading what you consider, or think to be the facts in the news. media. So I wouldn't make any legislative decisions, at least any important ones on what you read in the newspapers. Thank you."
"Alright, the question is on the gentleman's motion to adopt amendment number three. All those in favor..... roll call? All those in favor will vote 'aye', and the oppose GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 'no'. Gentleman from Peoria, Mr. Day." 110.
"Well, Mr. Speaker and ladies and gentlemen of the House, I too have received many letters from my area and my district in favor of this amendment. Now, as long as I have been a member of this House, I have heard from both sides of the aisle continual complaints, and I've been one of them, on the welfare system in this state, and the way that it operates. I think its a matter of common knowledge that there are many deficiencies in the welfare program and that's the very purpose of this agency, is to do some indepth research and study as to the causes and the roots and the cures of the welfare problem. And with the tremendous amount of money, the tremendous amount of taxpayers money that we appropriaté each year for the welfare program, it seems to me like its good business, and it makes good sense to appropriate a sum of money to really study this problem and try to get at the causes and the roots of the problem. Because this is the only way that we're going to come up with any real answers so far as welfare is concerned. Now its true that this program has not worked out in the past, as well as many people had hoped that it would, but that's no reason to turn our backs on the problem. We should continue to study this, we should continue to try to find out some of the real causes and the real cures for our welfare program. And I ernestly urge you to ah...support this amendment so that this important work can continue."
"Further? The gentleman from cookć, Mr. Mann. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 111.
"Well, Mr. Speaker and members of the House I do speak with some knowledge about the institute, because it has functioned in the Woodlawn community, which is within my legislative district. And I should be and try to be candid with the House at all times. I have been critical of the institute, and I have said so, ah...however, ah..in the ineram we do have a new Director, ah... I have talked to the new Director, and I think they are doing some things and trying to formulate some plans and policies that would very strongly meet with some of the ah...concerne that have been expressed here. In other words, I do not perceive this institute as one which is designed to increase the cost of welfare or the cost of the welfare rolls. I perceive it as an agency which is trying to work out some viable ways of working out a state program which will both be more human, but also more considere with regard to the taxpayer. I think they're trying to hire people indiginous to the Woodlawn Community, ah...they are not political Republican Patronage Employees, I know this for a fact. I've checked it out. So I would say to you as someone in who's district this agency is operating, that i think that its turned around and I think its pointed in the right direction. Now let me just say the other thing in response to ah... Representative Juckett with regard to the roll of the University. I think part of this can be explained because ah... the institute initially had rented ah...premises from the University ah..from which ah...its operation was. being conducted. That may explain ah... the presence of some GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES payments to the University. But I do not believe that anything underhanded was involved. So I would say on that, to the members of the House that this is an agency that has great possibilities, and considering the total amount of our public aid budget and considering the projection for public aid in the future, I don't think its an unwarrented gamble to take if we can come up with an agency that will be really adding something positive to the public aid program here in Illinois. And I would urge an 'aye', vote."
"Gentleman from cook, Mr. Kosinski."
"Mr. Speaker and ladies and gentlemen of the House, this project had a full hearing in the appropriations committee. None of the members of that committee took exceptic to the intent of this program. But I'm questioning the Direct... admitted that the one completed assignment in the south end of Chicago, and I repeat he admitted, was a flop. The other assignments which are in progress now, he could not validify by showing any success of method. It was on that basis that many of us, in this period of critical money, to spending taxpayers funds for a good idea, that wasn't working out, I would suggest your no vote."
"Have all voted who wished? Gentleman from Peoria, Mr. Tuerk."
"Mr. Speaker, members of the House, just briefly in support of this amendment, ah...in answer to the previous s peaker, there may have been some problems in some areas but let me address myself to what has been accomplished in the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 113. Its ah.. Peoria area where this institute has worked well. had some quantitative results, and is just about to embark on some qualitative results, and experiments which I think are addressing itself to the problem of public aid, and I think we ought to give this agency an opportunity to work and give them the money in which to further its work in this direction. I solicit your support for the amendment."
"All voted who wished? The clerk will take the record. On this question there are 79 'ayes', and 61 'nays'. And the amendment is adopted. Further amendments."
"Amendment number four. Amend Senate Bill 1550 in the House on page 1, section 2, line 12 by striking $70,758,600 and inserting in lieu thereof; '$70,358,600. And on page 2 section 2, line 11 by striking $100,187,800 and inserting in lieu thereof; '$99,787,800."
"Gentleman from cook, Mr. Telcser: "
"Mr. Speaker and ladies and gentlemen of the House, amendment number four was an agreed amendment, its a reduction of $400,000, and I now move the adoption of amendment number four to Senate Bill 1550."
"Discussion? Question is on the adoption of the amendment. All those in favor will say 'aye', opposed 'no'. The 'ayes' have it, the amendment is adopted. Further amendments? Third reading. 889."
"Senate Bill 889. A Bill for an act creating the Office of State Appellate Defender, second reading of the bill. No committee amendments." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 114.
"Are there any from the floor?"
"Amendment number one, George O'Brien. Amend Senate Bill 889 on page. 1, by deleting line 19 through 32 and inserting in lieu thereof the following; 'etc."
"Gentleman from Sangamon, Mr. Gibbs."
"Mr. Speaker, and ladies and gentlemen of the House, I believe there are two amendments. The first amendment was an amendment that was brought up in the committee, ah.. in the House committee, this was in reference to the act creating the office of the State Appellate Defender. And the amendment does three things, amendment number one does three things; 'number one, it changed the commission appoint- ments to meet the requirements as set forth by the committee. Ah...before the eleven member committee was changed, that was the original bill, now it is nine members and ah...before it had one member to be, appointed by the House, one by the Senate, ah...this is deleted to take it as much as we can out out of politics. Also, the bill had one member to be appointed by the Illinois State Bar Association, and one member by the Illinois Public Defender's Association. A constitutional question came up as to whether or not we have the legal authority or they have the legal authority to make these appointments, so that was changed so that they would....these two associations would recommend three people, and from these three people, one member would be appointed by the Supreme Court and one by the ah... Governor of the State of Illinois The other ah...section portion of it was that the terms of GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 115. the commission members were staggered and the ah...third was that the only member may serve only one term, which is for a period of six years. And I move for its adoption."
"Discussion? Alright, the question is on the Gentleman's motion to adopt. All those in favor say 'aye', opposed 'no'. The 'ayes' have it, and the amendment number one is adopted. Are there further amendments?'
"Amendment number two, Shea, amend Senate Bill 889...'
"Gentleman from cook, Mr. Shea."
"Mr. Speaker, ladies and gentlemen of the House, this is an amendment, it was agreed upon between Mr. O'Brien and myself changing the appointing authority to the Supreme Court. I move for the adoption of the amendments."
"Gentleman from Sangamon, Mr. Gibbs."
"Representative Shea, is this the exact amendment which you gave me earlier today?".
"Yes it is."
"And its my understanding that if the appointments are made this way then you are in support of this bill?"
"I told Representative O'Brien, I would support it."
"Thank you."
"Alright, all those in favor of the adoption of the amendment say 'aye', opposed 'no'. The 'ayes' have it, the amendment is adopted. Are there further amendments? Third reading. 1370. Wait a minute, take that out of the record. Alright, before we get to that we'll go to Senate Bill GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 116. in order to ah...ask leave to bring Senate Bill 1056 back to the order of second reading for purposes of considering an amendment. Does the gentleman from Sangamon, Mr. Jones, have leave for that purpose. Alright. Bring it back to second and read the amendment."
"Amendment number one, Jones, amend Senate Bill 1056 on page 1, line 1, by deleting section four and inserting in lieu thereof sections 4 and 5 etc."
"Gentleman from ah... cook, or Sangamon, Mr. Jones."
"This is an amendment to Senate Bill 1056, which will permit the Springfield community to qualify under the Civic Center Support Act. And I move its adoption."
"The gentleman from Christian, Mr. Tipsword."
"Would the gentleman yield for a question, please? Does this limit the application of this to the city of Springfield, or does it include the rest of Sangamon County?"
"This amendment ah...applies to the...only to Springfield....its the Springfield Auditorium Authority."
"Does the bill then only apply to Springfield?"
"Not presently sir."
"It doesn't. it applies to the entire county, of....."
"it applies to the entire county, yes."
"Well, does this amendment then limit it to Springfield?"
"No it does not." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 117.
"Thank you."
"Further discussion? Question is on the adoption of the amendment. All those in favor of the adoption say 'aye', opposed 'no'. The 'ayes' have it, the amendment is adopted. Are there further amendments? Third reading. Ah...1394...yea, alright, Gentleman from cook, Mr. Richard Walsh, asked leave of the House to Have Senate Bill 1394 brought back to the order of second reading, for purposes of an amendment. Is there leave? Hearing no objection the bill will be placed on the order of second, and the clerk will read the amendment."
"Amendment number one, Richard Walsh. Amend Senate Bill 1394 on line 1, by deleting the word appropriation and inserting in lieu thereof the word appropriations. and on...."
"Gentleman from cook, Mr. Richard Walsh."
"Mr. Speaker, ladies and gentlemen of the House, this amendment has been discussed with the leadership on both sides of the aisle. It simply provides for a reappropriation of $700,000 for the installation of new boilers in the ah.. power plant out here on the North end of town. I don't know of any objection. I would move for the adoption of amendment number one to Senate Bill 1394."
"Discussion? Alright, all those in favor of the adoption of the amendment say 'aye', opposed 'no'. the 'ayes' have it, the amendment is adopted. Further amendmen. Third reading. Ah..1504."
"Senate Bill 1504. A Bill for an act to amend the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 118. school codes. Second reading of the bill. One committee amendment. Amend Senate Bill 1504....."
"Gentleman from cook, Mr. Palmer."
"Mr. Speaker and ladies and gentlemen of the House, the committee amendment on this ah...ah...enlarged the group of people that could suspend the student, and limited or reduced the time of suspension from 10 to 7 days. It did not require the mandatory feature of the present law, a hearing and ah...but it did provide for written notice. In some discussion involving this particular matter, and it does involve some due process, it was felt that perhaps the minimum requirements would not be met, and then the discussion with in that discussion it was felt that perhaps we would...that committee amendment number one should be tabled, and I'll move now that committee amendment number one be tabled."
"Does the gentleman have leave to table. Alright, the amendment will be tabled. Further amendments?"
"Amendment number two, Palmer, Amend Senate Bill 1504 on page 1, line 24 by inserting immediately after principal. the following: 'Dean of students or other official responsible for student discipline."
"Gentleman from cook, Mr. Palmer."
"Mr. Speaker and ladies and gentlemen of the House, amendment number two leaves the bill substantially as it exists, as it is now, but adds...but gives the authority to the school board ah..to the power to suspend or direct' the power to suspend, in the Dean of students or other official responsible for student discipline. Thereby enlarging the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 119. class of people who can suspend, other than the...or in additic to the principal and the superintendent. I ask that committee amendment number two be adopted."
"Discussion? Alright, the gentleman moves the adoption of the amendment. All those in favor of the adoption' say 'aye', opposed 'no'. The 'ayes' have it, the amendment is adopted. Are there further amendments? Third reading. 1126."
"Senate Bill 1126. A Bill for an act to amend the Illinois Pension Code. Second reading of the bill. No committee amendments."
"Ah... Any amendments from the floor? Third reading. 1127."
"Senate Bill 1127. A Bill for an act to amend the Illinois Pension Code. Second reading of the bill. No committee amendments."
"Any amendments from the floor? Third reading. 1318."
"Senate Bill 1318. A Bill for an act relating to the accomodation of multiple forms of laws passed by the 77th General Assembly. Second reading of the bill. No committee amendments."
"Ah...Gentleman from cook, Mr.Shea."
"I'm wondering if I might ask the clerk how many pages that bill is, I just wondered if he wanted to read it at full and at large."
"Those are not synonimous terms. At large doesn't mean in full." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 120.
"Why, I'm waiting for a minute we have a very distinguished guest with us today, the Treasurer of the State of Illinois, the Honerable Allan Dixon a former member of this Chamber.
"Alright, ah...third reading. Senate Bills first reading. Senate Bill 1396."
"Senate Bill 1396. A Bill for an act to make an appropriation to the Secretary of State for phase II and III. in the rehabilitation of the State Capitol Building. First reading of the bill."
"1402."
"Senate Bil1 1402. A Bill for an act to make an appropriation to the Secretary of State for the Cafeteria in the Capitol Building. First reading of the bill."
"Senate Bills third reading. 858."
"Senate Bill 858. A Bill for an act to amend..."
"Oh...take it out of the record? You want 859? No, neither one of them, alright. 970. Take it out of the record. 1290, no? Take it out of the record. 1353?"
"Senate Bill 1353. A Bill for an act to amend an act relating to certain revenue bonds. Third reading of the bill."
"Gentleman from cook, Mr. Carroll."
"Thank you Mr. Speaker, ladies and gentlemen of the House, Senate Bill 1353 deals with the State Treasurers Office, and deals with information concerning certain revenue bonds. The present law requires a ah...report to be published, and the manpower necessary to make up that report, the Treasure. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 121. advises us that there are only 13 requests for that report, the information will still be available and under the versions of a new comptrollers bill, that type of information will be published monthly by the compotroller. It would be a savings of money to the Department and a savings of manpower to the State Treasurers office, and I would ask for a favorable vote, and I think the Treasurer would be available to answer any questions."
"Discussion? Question is shall Senate Bill 1353 pass? All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? Clerk will take the record. On this question there are 130 'ayes,' no 'nays'. And this bill having received a constitutional majority is hereby declared passed. 890."
"Senate Bill 890. An act creating the Joint Computor Operations Study Commission, defining its powers and duties. Third reading of the bill."
"Gentleman from cook, Mr. Shea."
"Mr. Speaker, ladies and gentlemen of the House Senate Bill 890 was amended on Second reading to provide for a commission to study the salary funding of all state officers, all state departments ah...and all members of commissions and boards. Its almost identical to a bill that left here some few months ago, and I'd appreciate the support of the House."
"Gentleman from Kane, Mr. Waddell."
"Mr. Speaker, would the sponsor yield to a questio:. Ah...Gerry, do you see anything in conflict with this, in regards to what is already set up under the data information systems?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 122.
"The bill was amended on second reading to take what your digest says out of the bill, and has provided a salary study commission."
"Oh, yea, its not in conflict now. All.... The question is shall Senate Bill 890 pass? All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? Clerk.....clerk will take the recond. On this question there are 133 'ayes', 2 'nays'. And this bill having received a constitutional majority is hereby declared passed. 1566."
"Senate Bill 1566. An act making an appropria- tion to the pay of certain officers of state government, and officers and members of the General Assembly. Third reading of the bill."
"The gentleman from Wayne, Mr. Blades." Bën C. Blades: "Mr. Speaker, ladies and gentlemen of the House, Senate Bill 1566 appropriates the amounts for the state officers salary for the fiscal year ending December 31. I would appreciate the support of the bill."
"Discussion? Alright, the question is shall Senate bill 1566 pass? All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? Clerk will take the record. On this question there are 139 "ayes', no 'nays'. And this bill having received a constitutional majority is hereby declared passed. 139 'ayes', no 'nays' and this bill having received a constuttional majority is hereby declared passed. 1357." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 123.
"Senate Bill 1357. Bill for an act to make an appropriation for the expense of the Office of State Treasurer. Third reading of the bill."
"Gentleman from St. Clair, Mr. Flinn."
"Thank you Mr. Speaker, Senate Bill 1357 is the regular operating appropriation request from the Treasurer's office, it is for the amount of $1,141,000. This amounts to an increase over fiscal '72 of $6,440. And all of this increase is due to the ah...increase state's share of the employees restirement system, and for social security costs. Over which, of course, the Treasurer has no control. I'm move for its adoption."
"Discussion? Question is shall this bill pass? All those in favor will vote 'aye', and the opposed' no'. Have all voted who wished? Bartulis 'aye'.. The clerk will take the record. Laurino 'aye'. Tim Simms 'aye'. On this question there are 145 'ayes'. No 'nays'. And the bill having received a constuttional majority is hereby declared. passed. 1555."
"Senate Bill 1555. An act to make an appropria- tion to the Superintendent of Public Instruction for disbursement of certain monies. Third reading of the bill."
"Gentleman from ah...cook, Mr. Frank Wolf."
"Mr. Speaker, and ladies and gentlemen of the House Senate Bill 1555 appropriates approximately 125 million from the common school fund to the office of the Superintendent of Public Instruction for the following purposes; Data to State GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 124. of Illinois Teacher's Retirement System, $90,000,000. City of Chicago Teachers; 26.7 hundred million. Compensation of Superintendent of Educational Service Regions Assistants; four million. Supervisory expense 102 thousand. Orphanage and tuition claims two million eight. State owned housing claims; $570,000, and the tax equivilent grants of $257,000 making it a total of approximately $125,000,000. This particul. appropriation must be enacted before the monies from the common school fund may be utilized for the purpose of state aid to public school districts. This figure has been satisfying to that of the Superintendent of Public Instruction. Its an agreed amendment to the Appropriation bill, I ask that this House adopt and pass Senate ill 1555."
"Discussion? Question is shall... Senate Bill 1555. All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? Bartulis 'aye', clerk will take the record. Hall 'aye'. On this question there are 151'ayes', no 'nays'. And this bill having recieved a constitutional majority is hereby declared passed. 1542."
"Senate Bill 1542. A Bill for an act to make an appropriation for the expenses of the Department of Mental Health. Third reading of the bill."
"Gentleman from Morgan, Mr. Rose."
"Mr. Speaker, ladies and gentlemen of the House, this is annual appropriation bill for the Department of Mental Health. You'll recall that it has two amendments. The total appropriation now provided for is approximately GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 125. $374,000,000. I move its adoption."
"Discussion? Question is shall Senate Bill 1542 Pass? All those in favor will vote 'aye', and the opposed 'no'. Have all voted who wished? Clerk will take the record. On this question there are 153 'ayes', and 3 'nays'. And this bill having received a constitutional majority is hereby declared passed. 1563."
"Senate Bill 1563. Bill for an act to make an appropriation for the Judicial System. Third reading of the bill."
"Gentleman from Franklin, Representative Hart."
"Thank you Mr. Speaker, ladies and gentlemen of the House, this bill appropriates the salaries for all of the judges in the state of Illinois, figures on the basis of ah... their pay times the number of judges. I would appreciat the support of the House."
"Is there any discussion? Question is shall Senate Bill 1563 pass? All thosein favor signify by voting 'aye', the opposed by voting'no'. Have all voted who wish? Take the record. On this question there are 149 'ayes', 2 'nays'. And this bill having received a constitutional majority is hereby declared passed. Senate Bill 1564."
"Senate Bill 1564. Bill for an act to make an appropriation to the Expenses of the Judicial System. Third reading of the bill."
"Gentleman from Franklin, Representative Hart." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 126. Richard 0. Hart: "Thank you Mr. Speaker, Ladies and Gentlemen of the House, this bill makes the appropriation for the administrative expenses, salaries and so forth, to run the court system in Illinois. It represents approximately the same appropriations as last year. I would appreciate the support of the House."
"Is there any discussion? Question is shall Senate Bill 1564 pass? All those in favor signify by voting 'aye', the opposed by voting 'no'. Have all voted who wish? Take the record. On this question there are 147 'ayes', Philip 'aye', one 'nay'. And this bill having received a constitutional majority is hereby declared passed. Senate Bill 1572."
"Senate Bill 1572. Bill for an act to make an appropriation to the Secretary of State. Third reading of the bill."
"Gentleman from cook, Representative Dan O'Brien."
"Thank you Mr. Speaker, ladies and gentlemen of the House Senate Bill 1572 appropriates $40,000 to the Secretary of State to study the feasibility of requiring photographs on Drivers licenses. The necessity for the appropriation has resulted from testimony which indicated that there are many systems which do not prohibit duplication or alteration of the license. It will be necessary to appropriate this money to find a system whereby a photograph can be placed on the driver's license, it can not be altered or changed. I would. appreciate an affirmative vote." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 127.
"Is there any dicussion? Gentleman from cook, Representative Duff."
"Would the sponsor answer a question, please?"
"He indicates he will." Brian B. Duff: Was there any reference to the fact that this ah...in proposing this bill through the Senate, was there any reference to the fact that the feasibility of this is already been acted on, in effect, by this House relative to another bill?"
"...I wasn't aware that this House conducted any feasibility study or indicated that this was a feasibly... ah...it was feasible to put drivers license on ah...or a photograph on a drivers license, that could not be altered or changed, I wasn't aware of that."
"Wouldn't you say that a vote on a previous bill of approximately 135 to nothing was an indication that this House felt that it was already feasible?"
"As I understand that bill that was voted on, that. bill prescribed a method that could only be provided by one manufacturer of the particular license. It also came to my attention, or was indicated to me that this drivers license that was...ah...would have been required by this bill, was alterable and could be changed. And therefore, the Secretary of State felt that, instead of going ahead and manufacturing an authorized Ticenses that could be changed, that they would conduct a study and find a method that could not be altered or changed." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 128.
"Your not aware of the fact then that that bill was amended to handle more than one process?"
"No, I'm not."
"Ah...was there any committee hearing in the Senate on this bill?"
"Ah...I'm not aware of that."
"Was there any committee hearing in the House on this bill?"
"Yes, there was."
"I didn't hear the answer to that question."
"Yes, there was. And it was passed out of committee unanimously."
"I'd like to speak on the bill, Mr. Speaker."
"Proceed, sir."
"This House has acted on this subject this year with an overwhelming vote, saying, in effect, that it was in fact feasible to put a photograph on the drivers license by either a wet or a dry process. This bill passed, in fact, through the Senate Committee, with a very strong vote supporting the same thing. Because there was an individual ah...in the other side of the rotunda who was opposed to the idea, that bill did not make it through the Senate. This bill asks for $40,000 for the Secretary of State's Office, $40,000 to conduct a study on a subject that this House has already expressed itself on overwhelmingly. If ever there was a waste of the taxpayers dollars, or an effort by any part of government to get some money to conduct a study that was entirely unecessary, it would be true in this bill. And as a matter of fact, in GENERAL ASSEMBLY STATE. OF ILLINOIS HOUSE OF REPRESENTATIVES 129. my opinion, for the Senate to send this bill back to us under the circumstances, its the question of validity of the House being able to make a substantial decision. This , gentlemen in my opinion, is an absolute waste of taxpayers dollars."
"Gentleman from Rock, Island, Representative Pappas."
"Mr. Speaker and ladies and gentlemen of the House, I would like to speak in favor of this bill. When these other bills were going through the House and the Senate, statements had been made that these could not be altered. Well, I know for a fact that they can be, because I altered one, and I asked the people in the Secretary's office if they could tell which card had been altered and they couldn't. So I think that if we're going to go in for an identification card, with pictures on drivers licenses, let's spend a little extra money and make sure we have the right card, so that the people of the state of Illinois will be safe in using the cards. I would ah...ask for your favorable support."
"Is there further discussion? Gentleman from cook, Representative O'Brien to close."
The D. J. O'Brien: "Well, in closing Mr. Speaker and ladies and gentlemen of the House, let me just say that there was a bill introduced that would provide for photographs on a drivers license. Senate saw fit not to pass that bill, it later came to the attention of the committee and the people concerned about this issue that the proposal in that bill allowed for the manufacturing of a license that could be altered. And I submit that if we are talking about exorbent waste of money, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 130. the institution of a process and a program on photographs on a drivers license, that can be altered and changed would be the greatest waste of money that we could indulge in. And that a study to determine what is the most feasible method, the best method of safeguarding a photograph on a drivers license against alteration, is well worth $40,000 and I ask for an affirmative vote."
2 Rep. Arthur A. Telcser: "Question is shall Senate Bill 1573 pass? All those in favor signify by voting 'aye', the opposed by voting 'no'. Have all voted who wish? Take the record. On this question 102 'ayes', 18 'nays'. And this bill having received a constitutional majority is hereby declared passed. Record J. J. Wolf as voting 'no'. Senate Bill 1279."
"Senate Bill 1279. Bill for an act to amend an act relating to railroad rates. Third reading of the bill."
"Gentleman from Lawrence, Representative
"
"Mr. Speaker and members of the House, this is a bill that I'm handling for our friend Representative Schoeber- lein, who has been incapacitated with an automobile wreck. Its a Senate Bill that addresses itself to a problem that we should consider more often, and that is the removal of laws that have become obsolete through changes of time. In 1873 the legislature adopted a rule that the commerce commission should annually post the lift of maximum rates for hauling passengers and freight on the railroad. And now the commerce regulation is such that to continue that is an unecessary GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 131. burden on the commerce commission. So the purpose of the bill is to repeal that prior statute. We urge an affirmative vote."
"Gentleman from cook, Representative Mann."
"Ah...because you usually speak in such clear lucid terms, I would, you know hesitate to ask you, Representa- tive Cunningham, to elaborate further on the bill, but I'm not sure what the bill does. Could you, would you please elaborate further? Can you elaborate further on the bill?"
"I'm sorry if I mumbled. The constitution, in 1870 required the adoption of some statute by which the commerce commission would publish these rates. Pusuant to the constitution in 1873, the General Assembly provided the section 125 of chapter 114 that the commerce commission would annually do so. But the new constitution in 1970 said that in view of the extreme regulation by the commerce commission, that it was no longer proper or necessary that there be a seperate annual statement as to the maximum rate. The argument for it is that individual cases have rates that are fixed proportionate to the problem that is resented. I'm aware of your commutor rates there in Chicago, but those are considered momentarily by the commerce commission when there are any complaints from the commutors, and I'm sure adjusted to the satisfaction of all concerned. So I would be unecessary to persist in this archiacle law that represents an additional expense, an additional burden to the commerce commission, and it should be stricken from the books. And as I have indicated, we should be spending half of each legislative GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES session finding which laws can be eliminated without a manifest harm to the people."
"Proceed, Representative Mann."
"Would the gentleman yield to one other question?"
"He indicates he will."
"Ah...what is the cost, Roscoe, for publishing these rates?"
"Neither the commerce commission, nor Representa- tive Schoeberlein told me that. They just said it was an excessive burden that they felt was unwarrented by the public good that resulted from it, and it seemed to me that that conclusion would almost be inevidable. Because this dates back 99 years to a time in which the free exchange of public information was not available to all the citizenry as true today."
"Well, Mr. Speaker, may I address myself briefly to the bill?"
"Proceed, Sir?"
"Alright. Mr. Speaker and members of the House I start out by saying that I'm not an expert on railroad rates, and maybe this is a very good bill, but it just strikes me, in view of the manner in which the commerce commission operates, at least with regard to commutor rates, IE everytime a commutor train comes in, Harold Katz tells me not IE, IC, comes in for a rate request, ah... they get it. So it would just seem to me that we ought to take a long look at this bill. It seems to me part ah...of the public's right to know is what are the published rates of railroads. Now the gentleman GENERAL ASSEMBLY STATE OF ILLINOIS 133. has not indicated to us what it costs the commerce commission to publish this. I don't know how we would find out otherwise, and I'm just against the general principle of secrecy in Government. I would admit it's not a major issue, but I do think that the members ought to take a long hard look at any bill which is depriving the public of information concern- ing government regulated ah..utilities or industries, and until we get that information, I would urge a no vote."
"Gentleman from cook, Representative Mike Madigan."
"Mr. Speaker, and members of the House, I'd like to speak in favor of the bill. I think we must all realize that the 1860 constitution of the state of Illinois, 1870 constitution of the state of Illinois was drafted in the back drop of a great deal of railroad scandal. And consequently there was an overreaction on the part of that constitutional convention to regulate railroads and other utilities. The situation has changed drastically in the interviening years and as Representative Cunningham stated, there really is no need for many of the regulations which are so imposed upon the railroads and other utilities under the old constitution and the implementing statutes to the constitution. In this particular instance, which we have been discussing, it is my understanding that the railroads will post their rates every thirty to sixty to ninety days, without regard to an annual posting, and I therefore, support the bill."
"Gentleman from cook, Representative Gene Barnes." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Eugene M. Barnes: "Would the ah...sponsor yield to a question?"
"He indicates he will."
"Roscoe, ah...what is the ah...reason for opposi- tion...what is the reason for the opposition of the railroads to post these rates on an annual basis, if as what was said before, they generally post them thirty to sixty days anyway, what difference does it make?"
"As I understand it, the railroads have no opposition at all. And if any of you had any though to vote against this bill because of any doubts about the public dedication of railroads, you should perish the thought. The purpose of this act is to repeal an uncessary effort on the part of the Commerce Commission, and thereby effectuate a savings for the taxpayers. The railroads themselves are just an interested and amused onlookers."
"Well, ah..ah..in all due respect to that, ah... exactly what is the amount of savings? What are we talking about here, what's involved?"
"What we're talking about is the annual publishing of a statement that nobody reads, as to what are the maximum rates for passengers and freight on each of the railroads that operates in Illinois. With the view of governmental expense, and the cost of doing this sort of thing, why we must assume that its an appreciable item. And if we're dedicated to economy in government, this is a chance to get a plus mark with a minimum of effort."
"Well, ah... Mr. Speaker, in all due respect to that, and I know that many of us are dedicated to economy in GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 135. in government, but I must say I know that there are many people in my district that pay close attention to what rates are, since we have the commutor trains coming through our district. Now I'm deeply concerned about the ability to know what is going on with rates. Now, if its a case where the ability to get public information is concerned, I would prefer to go with those people in my district, that to go with the item that ah...you haven't cleared up my mind yet on exactly what the cost is involved here. The cost may be neglegable. If that's the fact, I don't see what all the hoopla is about."
"Gentleman from Kane, Representative Hill."
"Mr. Speaker, and ladies and gentlemen of the House, I can see why the cost is so high in regards to printing this. Because the Illinois Commerce Commission, on a very consistent basis, increases the rates everytime the railroads want it. So consequently the additional printing that takes place, I can certainly see the expense involved. This is an organization that started out to protect the consumer and regulate the railroads. And we find ourselves in the predicament where the railroads are regulating the commerce commission and I think this is a piece of legislation that we should defeat. Thank you."
"Is there further discussion? If not, the gentleman from Lawrence, Representative Cunningham to close."
"Mr. Speaker, and members of the House, its regretable that so much misunderstanding has arrisen. The GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 136. railroads are not the issue there. I, like the rest of you run against the railroads at every opportunity. But what is involved here is the need to remove an archiac statute from the books. I sympathize with the positions expressed by Representative Mann, Representative Barnes, Representative Hill, about the need for regulation of the railroads. You do not in any manner, weaken the regulation of those public utilities by voting for this common sense statute. I am discouraged that a bill that should stand and pass with ease on its own merits should encounter such obstinate and determined opposition I am indebted to Representative Madigan for his splendid explaination. If you do not believe my account, I beseech you to believe his, let's all pull together and win this one for Al Schoeberlien on his Hospital bed. I urge you vote 'aye'.
"The question is shall Senate Bill 1279 pass? All those in favor signify by voting 'aye', the opposed by voting 'no'. Gentleman from cook, Representative Maragos."
"Mr. Speaker and members of this House my first intention was to vote for this bill, but since its such an important bill, it surprises me that the man that's carrying the water pail today, could not give us any figures as to what extent the commission is being burdened. And since, he is trying to carry it for another man who is hospitalized, and whom I have a high regard for, Mr. Shoeber= lein, I think it should have taken time out to find out what monies we are saving or not saving in this particular case. And until I know these facts particularly, I have to vote no on this bill, and that's the explaination of my vote." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 137.
"Gentleman from Lawrence, Representative Cunningham to explain his vote."
"Mr. Speaker, explaining my 'aye' vote, I have great confidence in the Senate, it passed the Senate 44 to nothing with absolutely no opposition whatever there. I am informed by Representative Bill Cox that the savings is $8,012 by each year, I don't know whether that is right or wrong, but that's Bill Cox's figures. We do need a few more green lights."
"Have all voted who wish? Take the record. On this question there are 108 'ayes', 17 'nays'. And this bill having received a constitutional majority is hereby declared passed."
"Messages from the Senate."
"Message from the Senate by Mr. Wright, Secretary. Mr. Speaker I am directed to inform the House of Representa- tives that the Senate has concurred with the House in the adoption of House Amendment number one to the bill with the following title; Senate Bill 1560. Action taken by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of House Amendment number one to a bill with the following title: Senate Bill 1581. Action taken by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives the Senate has refused to concur with the House in the adoption of amendments from the House of Representatives to the bill with the following title GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 138. Senate Bill 1484. Action taken by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker - I am directed to inform the House of Representatives the Senate has refused to concur with the House in the adoption of amendments in the. House of Representatives to the bill with the following title: Senate Bill 1439. Action taken by the Senate, June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker - I am directed to inform the House of Representatives the Senate has refused to concur with the House in the adoption of amendments in the House to a bill with the following title; Senate Bill 1369. Action taken by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker - I am directed to inform the House of Representatives the Senate has refused to concur with the House in the adoption of the amendments from the House to a bill with the following title; Senate Bill 1329. Action taken by the Senate, June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker - I am directed to inform the House of Representatives the Senate has refused to concur with the House in the adoption of the amendments in the House of Representatives to a bill with the following title; Senate Bill 1320. Action taken by the Senate, June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker - I am directed to inform the House of Representatives the Senate has refused to concur in the House in the adoption of amendments in the House to a bill with the following title: Senate Bill 1558. Action taken by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker - I am directed to inform the House of Representa- tives the Senate has concurred with the House in the adoption GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 139. of the following Joint Resolution, House Joint Resolution 146. Concurred in by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives the Senate has concurred with the House in the adoption of House amendment number one to a bill with the following title: Senate Bill 1323. Concurred in by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of the House amendment number one to the Bill with the following title; Senate Bill 691. Concurred in by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives the Senate has concurred with the House in the adoption of House amendment number one to a bill with the following title: Senate Bill 1327. Concurred in by the Senate, June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives the Senate has concurred with the House in the adoption of House amendment number one to a bill with the following title; Senate Bill 1328. Concurred in by the Senate, June 27. 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representa- tives the Senate has concurred with the Housein the adoption of house amendment number one to a bill with the following title; Senate Bill 1330. concurred in by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Mr Speaker I am directed to inform the House of Representatives the Senate has concurred with the House in the adoption of House amendment GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES number one to a bill with the following title; 1355. 140 Senate Bill Concurred in by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives the Senate has concurred in the House in the adoption of House amendment number one to a bill with the following title; Senate Bill 1356. Concurred in by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives the Senate has concurred with the Houe in the adoption of House amendments number one and two to the bill with the following title; Senate Bill 1562. Concurred in by the Senate June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives the Senate has concurred with the House in the adoption of House amendment number one to a bill with the following title; Senate Bill 1597. Concurred in by the Senate June 27, 1972. Kenneth Wright, Secretary. "
"Committee Reports."
"Mr. Juckett from executive to which House resolution 739 was offered, reported the same back with the recommendation that the resolution be adopted as amended. Mr. Regner from appropriations to which Senate Bill 1404 i was referred, reported the same back with amendments thereto, with the recommendation the amendments be adopted and the bills as amended do pass. Mr. Regner from appropriations to which Senate Bill 1395 and 1399 were referred, reported the same back with recommendation the bills do pass. Mr. Juckett from executive, to which Senate Bills 1467, 1468 were GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 141. referred, reported the same back with the recommendation the bills do pass."
"O-K, ah... House Bills third reading. House Bill 4163."
"House Bill 4163. An act to make an appropria- tion for the ordinary and contingent expenses of the certain legislative agencies. Third reading of the bill."
"Gentleman from ah.. McLean, Mr. Hall."
"Mr. Speaker, and ladies and gentlemen of the House, House Bill 4163 makes appropriations for the ordinary and contingent expenses for the various legislative agencies. This is a bill that combines all the commissions ah...that need funding for fiscal '73. It totals $858,000. I respectfull request your support."
"Discussion? The gentleman from ah...cook, Mr. Maragos."
"Mr. Speaker will the sponsor, or acting sponsor yield to a question? Could you please tell me what the appropriation is for the Atomic Energy Commission in that bill?"
"That's $25,000."
"Thank you.:
"Any further discussion? Question is shall House Bill 4163 pass? All those in favor will vote aye and the opposed 'no'. Have all voted who wished? Clerk will take the record. On this question there are 142 'ayes', no 'nays'. And this bill having received a constitutional majority is hereby declared passed. 3768." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 142.
"House Bill 3768. An act creating the Illinois Municipal Financing Agency and defining its powers and duties. Third reading of the bill."
"Gentleman from cook, Mr. Shea."
"Mr. Speaker, ladies and gentlemen of the House, with leave of the House, I would at the same time like to hear House Bill 4576. This is a companion measure. Representatives Randolph and I are chief sponsors of both measures, and I would like to have them heard together, and I'll explain their import."
"Does the gentleman have leave? Alright, read the other."
"Ah...House Bill 4576. An act to provide for the alternative authorization for the issuance and sale of General Obligation Bonds by certain local governmental units. Third reading of the bill."
"Mr. Speaker, these bills were heard very thoroughly yesterday. Ah...my understanding is, its the ruling of the Chair, since these might or could be the obligation of money at state debt, that the Chair would rule that it requires 107 votes to pass these measures. Is that correct?"
"That is correct."
"Well, Mr. Speaker, ladies and gentlemen of the House, I would certainly appreciate the support and help of the House on these two measures. I think that these two bills would allow local governments an opportunity to save some tax dollars by utilizing a state agency for which to GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 143. sell their bonds, and in turn let the state agency use the General Obligation of this state. I would certainly be willing to answer any questions, and I would ask for a favorable roll call."
"Discusion? Gentleman from cook, Mr. Bluthardt."
"Mr. Speaker and members of the House, its true that yesterday we went into this rather thoroughly and the bill failed to receive the necessary vote to pass this House. I pointed out yesterday that there has been no showing, and there is absolutely no need of such a financing agency in the state of Illinois. I know of no local government that has had any trouble in selling marketable bonds. In fact, my information there are over five billion dollars worth of bonds issued by local governments in the Stafe of Illinois, and that their interest rates are among the lowest in the nation for municipals. If there were such a need, I certainly would be one of the first to endorse this program and suggest the adoption of the bill. But there absolutely is no such need, but there is certainly this danger; and that is that the proliferation of bonds, the sale of bonds by various agencies of this state may well reduce the triple A credit rating that this state now enjoys. I don't see any necessity of taking that chance, especially when there has been no showing whatsoever that a need exists for this...for creating a new agency. I would, again urge that the bill be defeated." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 144.
"Further discussion? Gentleman from Boone, Mr. Cunningham.:
"Mr. Speaker, ladies and gentlemen of the House, yesterday I asked the sponsor if it was not true that the City of Chicago, just the three units of government in cook county, if they could not take the three hundred million dollars. Now, after reading this bill a little more thoroughly, I find on page 19 starting on line 25, priority as to the time of purchase by the agency of municipal bonds of the various governmental units making applications therefore, shall be determined solely on the basis of time of application by the respect governmental units, the earliest application receiving first priority. Now, I'm not going to say, or even think or hint that any maneuvering might be able to go on as to when the applications are mailed, or what priority and who handles the applications. I would not even think about that. But I'm saying this to you, that it could be that this is just another way for cook county to get three hundred million dollars. Now, another thing that I question is ah. the constitutionality of this bill as a layman, in the new constitution, the question should be raised whether the State Treasurer should act as the director and chairman of the state agency board, taking on new duties. I think that should be outlawed. So I just think its another hoax and I just reiterate what I said to you yesterday about it look like nothing but a political bill. The Treasurer goes up and down the state telling we're broke, and here he's creating an agency, and I showed you yesterday read from the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 145. fiscal note, there's no way the amount of money its going to cost the state of Illinois. I therefore, ask for a no vote on this bill. Thank you."
"Further discussion? Gentleman from cook, Mr. Shea to close."
"Well, Mr. Speaker, ladies and gentlemen of the House, I think this is a good way to us to help local government save some money. So I'd appreciate the support of the House."
"The question is shall...... The Chair's Ruling has indicated yersterday, was with regard to 3768. Requiring 107. There's has not been a similar ruling with regard to 4576. And so I would suggest that there should be a seperate roll call on the first bill, and then.....Of course, there is compatibility, but there is no, indebtedness in that second one, on the part of the state, as I see it. Alright, the question is shall House Bill 3768, pass. All those in favor will vote 'aye', and the opposed 'no'. Gentleman from McLean, Mr. Hall."
"Mr. Speaker, by way of explaining my vote, I would just like to say that borrowing of money, whether its private or in the public sector, does and should reflect the risk involved in theloan, whether its cash loan or bonding money, or what it is. In this case, we are trying to group together local taxing bodies, bonds, and the state underwriting ah...the risk ah...with the possible inclusion of a reduction in cost. Ah...this does not properly reflect the individual risks involved, and it is pledging the faith in credit of the state of Illinois for risks that do not involve the state of GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 146. Illinois, and I think particularly the downstate legislators should be wary of this. I have had not only single area of municipality or other taxing body request my support of this measure, therefore, I am not in favor of it and I hope it can be defeated."
"Gentleman from Winnebago, Mr. North."
"Mr. Speaker, ladies and gentlemen of the House, I think this is a good bill, and the reason for it is that throughout the last several years, we have been interviewing village presidents, mayors, city officials up and down the width and breadth of Illinois, in the municipal problems commission, and invariably in their testimony, they need such help as this bill would provide in marketing bonds. I certainly would think that some of these communities, and especially those that are low in population do need this help. I think it is incumbent upon the state to help provide an outlet, if they so desire, for marketing these bonds that might come up from time to time. I would solicit your favorable vote on this particular bill."
"Gentleman from cook, Mr. Shea."
"Well, Mr. Speaker, ladies and gentlemen of the House, I think these are the kind of bills that have been requested by our units of local government. They're the samll units that many times cannot get the support that's needed to fund them and they end up paying exorbent rates of interest. This will allow the state to help them and could reduce their interest 1 or 2 percent. Now, there's been some talk that the three units of government up in Chicago GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES would be the ones that eat up these funds. That's absolutely not true. There was a question of that raised in committee and at the suggestion and request of Representative Bluthardt, he talked ah...to State Treasurer Dixon about this, and there was an amendment prepared limiting the amount of funds that could be borrowed by any one unit of government. Now with regards to whether the state should help units of local govern- ment, after all that's what we're here fore, if we can some how help out our people hack home safe some money, I think its incumbent upon us, and I'd appreciate those extra five votes up there, I sincerely would."
"Gentleman from cook, Mr. Bluthardt."
"Mr. Speaker members of the House, I think we ought to get the record straight about ah...units of local government coming before the municipal problems commission and crying that they're unable to sell their bonds. I've served on that municipal problems commission for the last four years and I can only recall one year where there was some difficulty, that was four years ago, in the sale of bonds, and thatwas due to the unrealistic statutory feeling placed upon the sale of bonds by this Genral Assembly. When we removed the 5% limitation and raised it to 6 and later to 7 there was no difficulty. whatsoever in the sale of those bonds. This is not going to solve that problem, this has ah...an opposite affect. It removes feelings of those bonds, ' those statutory feelings of any bonds sold by local government.s to this agency. This agency could charge as much as 8, 10 percent any amount they wanted to local government for the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 148. purchase of those bonds. The Agency then, in turn, would issue there own bonds and sell them and would have as the security behind those, the various bonds of local governments that they purchased at a higher rate. I don't see how in the world its going to save local government any interest rate whatsoever. The experience of Vermont indicates that the cost of servicing these bonds by a bond bank such as proposed here, is 16 dollars per thousand dollars. In Illinois the cost of local government is 10 dollars per thousand dollars. There is absolutely no need for this. Again I tell you there is no need for this type of agency in the state of Illinois. When and if that need ever arises, then we should get down to considering something like this. This bill had a very devious route through committee, let me point out. This bill started out, went into a sub-committee, we held full hearing. The vast majority of those who have appeared before the committee, opposed the bill. Then all of a sudden after an agreement that it would remain in sub-committee, it came out on this floor a half hours notice to me, that the movement was going to take place to take it away from committee, and now here we are moving on it again. I urge you not to vote in favor of this bill."
"The gentleman from cook, Mr. Kipling."
"Mr. Speaker andladies and gentlemen of the House during my 12 years of experience as a municipal official I have many occasions to handle thesale of bonds of those of riverdale, and I also notice the experience of our neighbor- ing villages. Now we had good sound fiscal policies in our GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 149 municipalities. We had a good fiscal agent. And at no time did we have any trouble selling General Obligation Bonds, Revenue Bonds, or Special Assessment bonds. Now I submit to you ladies and gentlemen that the only ones' other than the city of chicago that are going to benefit from this, are those whose municipalities are fiscally unsound. Because they can't peddle the bonds. And what's the going to do to the credit rating of the state of Illinois. I say to you that that's going to lower the credit rating of the stateof Illinois and in no way will they get the benefit of any lower rates of interest in the sale of those bonds through this agency. I think this is bad legislation, and it should be defeated."
"Have all voted who wished? The clerk will take the record. On this question there are 117 'ayes', and 32 'nays'. The gentleman from Boone, Mr. Cunningham:
"Mr. Speaker, would you give me that total again please?"
"117 'ayes', and 32 'nays'. Gentleman from cook, Mr. Bluthardt."
"I would move, Mr. Speaker, after a poll of the absentees, that there be a verification of the affirmativ、 roll."
"Campbell, 'aye'. Alright, poll the absentees has been requested. The clerk will proceed to poll the .absentees.: GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 150.
"Anderson, Bartulis, Burditt, Phil Collins, Conolly, Glass, Henss, Hill, G. Hoffman, Kahoun, Katz, Klos...."
"Katz 'aye'."
"Mosak, Ed Madigan, McDermott..."
"One moment, Gentleman from cook, Mr. Bluthardt."
"What are we doing now?"
"We're polling the absentees."
"McMaster, Meyer, Kenny Miller, G. O'Brien, Regner, Shoeblerlien, Jack Thompson, Washburn, Genoa Washington, Williams."
"119 'ayes', 32 'nays'. Now the clerk will proceed to verify the affirmative."
"Alsup,...."
"Wait a minute, Gentleman from cook, Mr. Bluthardt."
"I withdraw the request for a verification, Mr. Speaker."
"On this question there are 119 'ayes', 38 'nays'. And this bill having received a constitutional majority, 3/5 vote, is hereby declared passed. Gentleman from cook, Mr.Carroll."
"Mr. Speaker, having voting on the prevailing side, I move that we now reconsider the vote by which House Bill 4576...."
"Gentleman from Perry, Mr. Cunningham."
"I move thatmotion lie upon the table." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 151.
"All thosein favor say 'aye', opposed 'no'. the 'ayes' have it. That was 3768. Alright, Now...the question is shall House Bill 4576 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 113 'ayes', and 17 'nays'. And this bill having received a constitutional majority is hereby declared passed. McAvoy 'aye', Mann 'aye'. For what purpose the gentleman from cook, Mr. Carroll?"
"Having voted on theprevailing side, I now move that the bill 4576 be reconsidered."
"The gentleman from Perry, Mr.Cunningham."
"Mr. Speaker, I move that motion lie uponthe table."
"All those in favor say 'aye'. opposed 'no'. The 'ayes' have it, and the ah...motion to reconsider is tabled. 4664. Gentleman from cook, Mr. Bluthardt."
"I pushed the wrong button, I voted yes on the last bill and I'd like to be recorded as no."
"Alright, does the gentleman have leave to have his vote recorded as no.? Alright, on House Bill....."
"House Bill 4664. Bill for an act to amend the school code. Third reading of the bill."
"Gentleman from Union, Mr. Choate."
"Well, Mr. Speaker, as required by the 1970 constitution this bill sponsored by myself and the Speaker is designed to create a board which will be an independent and completely, as I think, non partisan governing body. The GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 152. bill is also designed to insure that the board is responsive to the people of the state, and certainly to the changing educational needs of our great state. The board will be compris of eight persons serving single staggered eight year terms. The members of the Board would be appointed by the four legislative leaders acting jointly. Agreement by three of the four leaders must be required for any appointment to be made. The members should be appointed from a district comprised of three contiguous congessional districts within the confines of the state of Illinas. The board will appoint a Superintenden of Public Instruction for a term of four years. Now, the bill gives the board the power to determine the educational policies of the state, and the power to make rules. Regulation: The Appoint- and to set guidlines. The Superintendent would have the administrative authority. The necessity, I feel, for a by- partisan agreement among the legislative leaders insures that the board appointments will be completely non partisan. appointments will not reflect the opinions of any one single man, nor will they be dominated by any one single man. ment will make it possible to recruit the very best qualified individuals that we could possible find. Now, in recent years, I feel that both the state and Federal levels we have witnessed a continuing concentration of power in the executive branch. Our nation, however, was founded on the princple that responsive. government can be best insured by preventing a concentration of power. This bill seeks to protect that traditional balance of power. Now, I think that it should be noted that the constitution required, requires or mandates the legislature to GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 153. make policy. This appointment process will help to insure that legislative intent is carried out in the administation of the law. And I feel, Mr. Speakerand members of this House, that the single eight year term provided in the bill will insure the independence of the board members. Continuity in policy and the developement of sufficient expertise and experience, and I think that by limiting that membership to one full term, that it provides for the infusion of new ideas and the maximum responsiveness of the board to changing needs and the demands of our education requirements within the state. I say, Mr. Speaker, that this is an attempt this is an attempt to bring about a board that is going to watch for the demands, is going to warch for the changing needs as far as our education requirements are concerned, and its going to be a non-partisan board that will administer the educational requiements as setforth by the legislature of this state in the very best way possible. I think that this is a good bill, Mr. Speaker, I feel that we should have the necessary votes to make it become law."
"Gentleman from DuPage, Mr. Hoffman."
"Mr. Speaker, will the sponsor yield to a few questions?"
"He indicates he will."
"How many other states have this type of arrangement, to the best of your knowledge?"
"I don't have any knowledge at all. Ah... Represen- tative Hoffman, I did not ah...in my research of this, and putting the bill together, did not ah...request that informatio GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 154.
"How, ah...do you know... I notice you have eight year...eight members, was any thought given to the ah..problem of a dead lock. What if you have a full four four vote?"
"It certainly was, and to guarantee that there would not be political overtones, in the decisions that might be made as far as administering this act is concerned, it was intentionally brought about, intentionally,...it was the intention, rather, of the sponsor of this bill to bring about an even numbered board, so that they must set down and decide education policy on a complete bi-partisan basis."
"How, ah..are ah...is there any way for members to be removed, after their appointment. I notice its for eight years ah...that is a considerable length of time, what provisions do you have for removal for sinility or other reasons?"
"Well, its always been my opinion that a board that has the authority to make an appointment would certainly have the authority to recend that appointment in the same manner in which it was made. I'm glad that you brought that point out because I'm not sure that it is covered explicitly in this bill, however, if it isn't it certainly will be, but I will still maintain that the bi-partisan approach as far as the appointment is concerned where leadership must agree on the appointments and certainly they must agree on the unappointment."
"Is there any limitation of age?"
"I don't think that there's any age limitation on the knowledge of the people of the state of Illinois, and GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 155. if I was one who was going to make an appointment, I'm not positive, in my mind that age would be a criteria. Age, as far as I'm concerned, is been bandied about maybe too much. As far as the action of government and the industrial life of this state and nation is concerned. I would say to you that that would not be the prime consideration, I would say to you the consideration would be one who is able to bring about a feasible operation as far as our education requirements are concerned."
"Then there is no age limitation. The Superintendent is to be appointed for a four year term by the board, is that correct? How, what if during this four years the board and the Superintendent ah...have a serious falling out, what can the board do."
"Well, I say to you again, just like I responded to your other question, that I cannot see possibly this happening however, if the appointing powers agree on the appointment, I assume that they can agree on an unappointment."
"Why...why did you not put in the bill then to serve at the pleasure of the board as opposed to a length, a four year term?"
"I didn't understand that question?"
"My question was if, on the basis of your explainatior. of the four year terms, then why did you not put in the bill that at the pleasure of the board, as opposed to a length of term, four year term?"
"Well, Representative Hoffman, maybe your a little more knowledgeable as far as creating something of that nature GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 156. is concemed, I would say to you that if the bills been on the calendar long enough that if this was a prime consideration of yours that you should have brought it to my attention prior to the nineth hour here, however, if you will look on page 9 line 25 I will quote to you that the board may, by the affirmative vote of at least five members thereof, terminate the appointment of any superintendent of public instruction appointed under the provisions of this act. So evidently you haven't read the bill in detail."
"You'd have a five to three vote, then and that would terminate the Superintendent. Alright, on page 3, while your referring to pages, does the Chairman need approval of three members to call a special meeting, or does that imply that three members can call...page 3 line 24, 25 and 26 in reference to special meetings."
"Its quite explicit there, I don't know why you need a question to ah...determine that it says there, it says simply that three members may call a meeting."
"It says special meetings may be called by the chairman, and shall be called at the written request of at lest three members of the board. This would mean then that the Chairman would not have the authority to calla special meeting....."
"This would mean, Sir, as I interpret it, that if three members made a written request to the Chairman for a special meeting, that the Chairman then, under the provisions. of the act, must call a meeting, very simple, I thought." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 157.
"Fine, Thank you very much. Mr. Ah...Mr. Speaker, I'd like to make some closing comments in reference to this particular bill. There are only two other states in the union which have anything which is in any way similar to this method of appointment. Certainly I believe this method of appointment is contrary to common practice in this particular state, I think part of the problem that has been faced in the state of New York where they've had the board of regents upon which the entire legislature votes, not just leaders of that particular body. And in Carolina, South Carolina ah...they have a delegation which deals with this. To say that this hoard will be non-partisan, I think, is a misnomer if the appointments are to be made by legislative leaders. I think it would be more accurate to say it is bi-partisan. And that in fact, it will not do what I believe the sponsor seriously intends that it do do, and that is to remove politics from ah...the board of education. I believe the appointed board will do this, but I think the method of appointment should be one which we've had common practice and experience here in the state of Illinois, and that is appointment by the Governor, and confirmation of the Senate. I think this will protect the integrity and will protect the parrogatives of the legislative branch much more than this particular approach will do. I concur with the sponsor when he says the executive branch has overshadowed the legislature for ah...many years in the states across this nation. However, if we want to strengthen the legislature, which I personally would like to do, I do not believe that this is the way to go about it, and as we move forward in the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 158. the next session of the legislature, I 'm hopeful that ah... we will be able to deal with this particular question. It seems to me that this is an important enough question that the legislature, as a body, should determine what the districts are, what the state board districts will be, not for members of the legislature at the particular time that this bill is put into effect, or at a particular time in which ah...it will be redesignated after ah....reapportionment. I think this is a responsibility that no four people should have. And actually could break down to three if you had to have a three to four vote. I think, this bill presents a interesting and novel approach to a problem which we must constitutionally resolve, however, in my judgement, we should incorporate some of the thinking of this bill into the ongoing discussion on this topic and comeforth with a bill during the next session of the legislature to incorporate a variety of other approached. I won't go into the question of dual staffing, perhaps somebody else will bring that up, but ah...on the basis of the answers to the questions and my own observations of the bill, I will have to oppose it.".
"Gentleman from cook, Representative Hyde."
"Well, Mr. Speaker, ladies and gentlemen of the House, its with extreme reluctance that I do oppose this bill because this bill is an important feature of this legislative session and its a subject matter that we have to come to grips with, but regretfully, I just think this bill has so many problems with it that I really hope that it does not pass. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 159. Ah...one of the main problems is that these members of this board are going to be appointed by the four legislative leaders in the House and the Senate, that's the Speaker, the Minority leader, the Pro-tem and the Minority leader in the Senate. Now I think that we should realize that these are executive positions and frankly, I don't feel that the legislative leaders should be appointing executive officers. After all, legislative leaders are not so because they were elected by the people of the state, or even of their own district, but they were picked by party caucus, and they are really political leaders rather than elected leaders in their respective posts. It just seems to me that for the legislature to appoint execu- tive people is improper. I would rather see the Governor appoint these ah...executive officers and have them subject to the advice and consent of the Senate, as we have with agency heads and that sort of thing. In addition I'm unhappy with the fact that we could very well have a tie on this very important board. You'll have four Democrats and four Republicans and we should have an odd number, there should be a tie breaker. If government is to function at all, it can't salemate and there's no real mechanism here to ah... obviate that very serious problem. In addition, there is no compensation provided for these board members. Now this service on this board will require enormous time and enormous ah...intelligence and energy and dedication, and all these board members are going to get are expenses. Ah...it seems to me that ah...since this is going to be no part time job. the people that will be eligible and competent to serve may GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 160. well be deterred from serving since they will have to make a considerable financial sacrifice, not to mention dedication of their time. So I think that is a major fault with this. I'm not sure whether this bill will control private schools, non-public schools. That's very unclear in the language, it talks about the common schools of Illinois, but there's no real clear definition of what the common schools means. Teacher qualifications are very obscure in this bill, section 2A-17 grants the standard making power to the board and 2B-12 permits the Superintendent to enforce them, but the bill also retains the state teachers certification board. Thus, both the school board and certification board are empowered to set standards. This is a serious problem. Ah...there are many aspects of this that I think deserve greater study and greater thought, and while I in no way demean the effort and the motives of the people who put this forward, I just think that it is a mistake and I would hope that this bill should be held and studied over the summer and perhaps in the fall session, amend- ments be presented to make it a much more workable and except- able bill. Thank you."
"Gentleman from Ogle, Representative Brinkmeier." Robert E. Brinkemeir" "Mr. Speaker, would the sponsor yield?"
"He indicates he will."
"Ah...Clyde, I know thebill calls for at least three of the four leadership on agreeing, but lets suppose there is a stalemate and they can't agree, is there any provision on what is done under those circumstances?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 161.
"Well, Representative Brinkmeier, I would say this to you that those of us, and I include you certainly, ah...who have been interested in removing the field of education from the field of politics ah...I feel that ah... you would agree with me that if one man is going to make appoin ments he's not.... he is not string haltered one iota as far as having political motivations if he desires to do so. NOW its my feeling, having been in the legislative process like yourself for many years, that you would fine eventually the amongst four reasonable men, that they would arrive at appoint- ments that would be completely ah..qualified, completely full of integrity, completely with one idea in mind, is to further the educational needs of this state, and I feel that these four reasonable men could sit down and bring about this appointment."
"Mr. Speaker, may I address myself to the bill?"
"Proceed, sir."
"Its with a great deal of reluctance ah.. considering the sponsorship of this bill, that I find myself in a position, or one of the few times that I take this microphone that I have to speak out against the bill. I'd like to point out as the two previous speakers have said, that this...it may be non-partisan to an extent, but it certainly is not going to be non-political. I'd like to point out that this will probably be one of the most powerful, most influential boards in the entire state. And I think a great deal of consideration and thought should go into the make-up of this GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES of this board, and certainly it shouldn't be decided by four men. We come down here on a two year period of time and one of the arguments, one of the reasons people advance that we should serve for only two years, and I have to support that, is that we're more responsive to our constituency. And I'd like to point out that these people are going to serve for eight years. And certainly, I don't think they are going to be too responsive to the wishes of the people of the stateof Illinois. I think this is a very bad bill as it is presently drawn, I hope, as our majority leader, Henry Hyde, has said, I hope this could be held over, alot more thought given to this and maybe come back in the fall or next session and do something constructive. Thank you."
"Gentleman from cook, Representative Scariano."
"Mr. Speaker, I wonder if I could ask my fearless leader a question?"
"He indicates he'll yield."
"Mr. Minority leader, isn't it possible under this bill that whoever the legislative leaders are, that they can appoint their own legislative aids?"
"Well, I wouldn't think so Tony, its possible."
"Its possible, that's all I wanted to know."
"Yes, alright."
"Gentleman from Stark, Representative Nowlan."
"Mr. Speaker, and members in analyzing this bill, it seems to me in an effort to avoid politics in education GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 163. the sponsor has engaged in some faulty zero sum analysis. That is two Republican's and two Democrats, which will give you zero politics, instead, what it will give you is four political leaders involved in a political process. The first board of eight members would be created at one time, and I think we can all see that that first board would be comprised of four democrats and four republicans which could create grave problems in the development of a board of education for this state. Subsequently, one member would be appointed each year, and I contend that this process would simply elevate mediocraty to our highest board for education. In that, in attempting to agree the members from both parties would not agree to anyone who was offensive to either side, and then we would end up with one member appointed each year who would be a mediocre member for such a board, when what is needed is membership from all types of philosophical persuasion. James Madison, in the federalists papers, especially number 39, talked about the strength of the legislative branch and pointed out that it would be and could be strong so long as it served as a check upon the other branches of government. And thus, I contend that in the guis of strengthening our legislative branch through involving it in the appointment process, we would in fact, be destroying the independence of this branch, and thus, I contend this legislation should be defeated."
"Gentleman from cook, Representative Katz." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 164.
"Mr. Speaker and ladies and gentlemen of the House I rise in opposition to this bill. It seems to me that this bill truly represents the shattering of a dream that existed here in Illinois for a long time. We had a Superintendent of Public Instruction, the argument was made that the Superintendent. of public instruction, who had to run for election, was involved in politics and that the field of education should be removed from the field of politics and insulated insofar as possible from political influences. And so, the constitution provided for a board, a state board of education that would preceed to select, in some manner, the state Superintendent of Public instruction. And now, we see here in this bill ah. the enacranizm of the process that began to take the Superintendent of Public Instruction out of politics in with the entire board of education of the state, put into politics. It represents a very real, in a very real sense, and unfortunate attempt, I know not intended, but will not withstanding, repre- sent a réal move toward infusing political encronism into the field of public education. Under our constitution, I would point out, that it is specifically says, 'the general assembly shall have no power to elect or appoint officers of the executive branch. And that appears section 9 of article 5 of our constitution. To say that we should have an active legislature or that our legislative leaders should be more active, which I believe that they should, in determining all that goes into government, does not mean that they should play aloud into other areas that are better done in another branch of government. Now the largest expenditure of public GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 165. funds in the state of Illinois is the field of education. We should maintain under the seperation of the powers of our government, an independence of the education establishment so that when they come to us for appropriations we should be able to look at them with an unfettered look and without fear of favor to try to see if, in our independent view they are wise or unwise. Under the situation that this bill would create the very people who would be coming here from the field of education would be the people that we ourselves appointed. It seems to me that this would represent, really, not a resurgent of legislative power, it represents an advocation of legislative power in which all we will do will be to rubber stamp the decision and the appropriations needs by the people that our leaders appointed in the field of, education. That we should better look at a discharging fully our tasks in the legislative branch and not try to move into the field of the exectuve branch. There is nothing in our recent experience to indicate that legislative leaders are able to disociate themselves from the very essence of legislative leadership. Alot of the qualities that make a fine legislative leader are not the qualities that would select individuals who might be both controversial, which we need in the field of education, and also non-partisan. And so, without any reflection on who may be our present leadership, it seems to me to be a very unwise thing for the legislative branch to try to move and usurp the functions of the executive branch. It is a most unfortunate developement for us to attempt to infuse into the state board of education those political considerations that GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 166. very rightly place such a real role here in the general assembly, and should indeed play such a role. And I would hope that we should step back, and that we would not move forward here to shatter the great dream of an independent field of education in the state that resulted in the constitu- tional change and that should result in further study here. I would urge the members of the general assembly to reject this bill, as an inadequate response to the tremendous challenge that could be presented under our new constitution for a non-political, independent and excellent board of education in the state."
"Gentleman from Christian, Representative Tipsword."
"Mr. Speaker and ladies and gentlemen, I would like to urge that we support this proposal that is. before the House at this time. I agree that this is novel, this is different that we've been used to, we've usually been used to most of the appointments made by the executive and then concurred in by the Senate, but why must we follow the same time worn, shop worn pattern. Each time that there is a new proposal such as this, that comes before any legislative body. I have known the members of this House and the members of the Senate, I have lived under several governors. I have found the Governors to certainly be no better in their selection nor in their actions than any members of the General Assembly, be it the Senate or the House. I find them no more trustworthy than any member of the House or any member of the Senate.: GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 167. I would suggest that some new and different approach might be tried. They say it must be kept out of politics, let me ask you of one single appointment in government any place, that is out of politics. There isn't one, and I dare you to point to anyone that is completely divoid of politics. Let's look at one in just exactly this field. The board of Higher Education. The Board of Higher Education appointed by the Governor. Non-political, supposedly, and how non-politic is it? Well if you want to know how non political it is all you have to do is look at the number of bills that have been filed in this house, capcizing that board because of its lack of non-....being non-political. It is absolutely political. It follows the lead of the Governor and in what ever he may wish to say and whatever he may wish to do. It is not independe in its actions. Consequently when we speak of independence regretebly, that independence is and independent as the thought of the man who is the appointee of that board of that commissic. or of that agency. And I suggest to you that perhaps for once the legislature should have the opportunity of this appointment and review. Thank you."
"Gentleman from Perry, Representative Cunningham."
"Mr. Speaker, non-politically I move the previous question."
"Gentleman has moved the previous question. All those in favor signify by saying 'aye', opposed 'no'. The gentleman's motion prevails. The gentleman from Union, Mr. Choate to close." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 168.
"Well, Mr. Speaker, I...and members of this House, I kind of felt over the last few days that this bill would provoke a good deal of debate, and rightfully so. But there's one thing that does amaze me, that some of the questions which have been asked by some of the members, that they did not use their legislative parrogative of bringing about an amendment of bringing about inequities that they feel exist in this piece of legislation, or that they did not talk to the sponsors and say, why don't you attempt to amend it in this manner? Now, I believe the majority leader say a moment ago, and I believe that a member on this side then agreed with him, that it should be held and studied. Well if you will look at the effective date of this act, that's exactly what its doing, the only change being is that your making the appointment and using the expertise at the advice and consent and the knowledge of the appointments to make the study before it becomes effective in '74. Now, sombody else said, one of my colleagues on this side, and I think it was said on the other side also, that they was afraid of politics being involved in the selection of candidates for this board by four men. Well this amazes me that evidently they do not think, as Representative Tipsword said, that one man can be involved in politics also and that would be the Cheif Executive of this State. You will never convince me, and you will never. convince yourself in your hearts but what each and every "appointment made by any chief executive of this state has political consideration, you knowit and I know it and let's admit it. Now, we're going to shatter a dream. Well if GENERAL ASSEMBLY STATE OF ILLINO15 HOUSE OF REPRESENTATIVES. 169. certain dreams, and certain presidence of this land ours hadn't have been shattered in the past we wouldn't have the great country that we do today. Because Americans are always able to come up with new inovations, new ideas, new ways to perfect our system. And I'm saying to you this is a sincere attempt to bring about a board that will be responsive to the education requirements and needs of this state, and let me remind you all of one other thing you go back into the record when you talk about removing education from politics and you'll find that I was one of the very first in this legislature under a democratic governor, under a democratic governor, and attempted to remove the Superintendent of Education from the field of politics because I introduced a constitution mendment and in this legislature many years ago, asking that the Superintendent be appointed rather than elected and it was defeated. But don't nobody ever tell me that I'm trying to be political about this matter, because I've got a record of being non-political in the field of education. I say to you, Mr. Speaker, that this is a bill, certainly its new, certainly its apart from the time worn tradition of the way of appointments, but I'm saying to you if you'll read it in content, if you'll read it in depth, and if you'll read each and every portion of it, you'll find that it is an approach to put education above the field of politics, and I solicit the vote of the members of this House."
"Question is, shall House Bill 4664 pass? All those in favor signify by voting 'aye', the opposed 'no'. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 170. The gentleman from Champaign, Representative Hirschfeld to explain his vote."
"Thank you Mr. Speaker and ladies and gentlemen of the House. I think the reason nobody has proposed any amendments for this bill, and with all due respect to the two sponsors, its probably one of the worst bills that's come before the legislture this year. I don't believe it is amendable in its current condition. If you read the constitu- tion, the constitution says that a fundamental goal of the people of the state, and in the education article is says that the state shall provide, and it further states that the state has the primary responsibility. Now in attempting to answer the distinguished minority leader's comments about the governor let me say this; what this bill would do is put in the hands of four men the total control over the state board of education and despite their titles of Speaker of the House, and Minority leader and Minority leader in the Senate and President Pro-Tem, ladies and gentlemen of the House, these four men or women Represent only four districts in the stateof Illinois, and theGovernor is the elected official of all the people in the state of Illinois, and there is a vast difference. This is an executive function, it should remain an executive function and frankly, speaking personally, those of us that were not very happy with the reapportionment do not feel that we should intrust one more item into the hands of the legislative leaders. And I vote no."
"Gentleman from Lake, Representative Pierce." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 171. Daniel M. Piercé: ! Mr. Speaker, in explaining my vote, I do not agree with the last speaker that this is a bad bill, much work went into this bill, it has many good aspects. But I would ask that this bill be held for further study, because there are some problems with it. One is the appointive power, as the last speaker, the gentleman from Champaign indicated, the four legislative leaders come from four relatively small. legislative districts. In my first session in 1965 in the 74th General Assembly all four leaders were from Chicago. One was from Evanston and three from Chicago. The Speaker of the House was from Chicago, the Minority leader of the House was from Chicago, the President Pro-Tem from the Senate was from Evanston, and the Minority leader of the Senate was from Chicago. Those four men would be appointing Southern Illinois Men from the Board, Central Illinois, Northern Illinois men to this state board of education coming from the small districts that they do, I don't think that they would necessaril understand the problems of downstate. The same could happen in the future, we could have four legislative leaders from downstate who would be appointing the Chicago members. Another fault I see is that the General Assembly itself cannot draw the districts here. The districts are drawn by the four leaders and what do they base it on? They base it on these abomidable congressional districts. They were not drawn by this General Assembly, they weren't drawn by our four leaders, as the gentleman from Champaign indicated, they were drawn by the U.S. district court at the suggestion of the gentlemen from Logan. Our gentleman in this body from the county of Logan. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 172. He suggested to the U.S. District Court 24 very very republican districts, and the U.S. district courts came up with those 24 congressional districts, and now we're being locked in by this bill to districts with the state board of education based on the mal-apportioned 24 congressional districts. They can be drawn in any way. Thus, the 9th district on the north side of Chicago can be put in with the 10th on the North shore and the 12th in Lake county. And so someone from the near north side of Chicago and the 9th district could represent Lake Zurich and Libertyville in Lake county on the state board of education because we can go out from the outlining districts of Chicago into DuPage and to Kane and to Will and to Lake county and appoint the member from the Congressional district in Chicago. This is agood bill, alot of work has gone into it, but it needs more work and therefore I will vote present today in the hopes that the sponsors will postpone the bill until November and we can work further on it."
"Record the gentleman as voting 'present.' Gentleman from Lake, Representative Murphy."
"Mr. Speaker and ladies and gentlemen of the House I'm absolutely amazed at some of the remarks I've heard, especia lly about the legislative leaders appointing. It said ahead of our bills it is enacted for the people of the state of Illinois, and who is the mouthpiece of the people more than the state Representatives. And who is more responsible to the entire state than the leaders of our respective bodies They speak for us. And I commend the distinguished minority leader, and the distinguished speaker for making a completely GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 173. fair, for the first time in my many years in the legislature I see a completely fair non-partisan committee. Someone said they're making executive appointments and they cannot do that. This is not true, they are appointing men to do the job to make the executive appointment. And I certainly think that is more non-political than having a Governor appoint or having a Senate advise and consent because that is always political. I think this is one of the fair most non-partisan ah...commissic or committee that's ever been appointed, and I certainly commend the bill and I hope it gets enough votes to pass."
"Gentleman from cook, Representative Rayson."
"Well, Mr. Speaker and members of the House to explain my vote I would like to say this; the fearless leader, the sponsor of this bill who gave his approach, and needed approach and we must face this problem and to that I commend him for, and in committee he was certainly open as to the complaints raises there which have been heard on the floor here today. And he mentioned and rightfully so, where were these people in these last two weeks to amend this bill? And I think that this is sort of symptomatic of what we're doing in the legislature. We're wearing ourselves down, we're unproductive, were worn out and I guess I'm guilty of this inaction too because most of us in committee, even though I reported this spill out, were to the fact that the appointment powers expressed in this bill is not simply adequate for the needs of the state in the future. So I for one suggest that ah...the Sponcos of this bill has been plyable and workable GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 174. and that we've been failing in that regards, so I must vote 'no'. On this approach, but I hope that this bill is saved and I hope that we've got enough gumption to come back right now, with an amendment and still pass it out."
"Gentleman from cook, Representative Leon."
"Mr. Speaker, ladies and gentlemen of the House, I want to speak in favor of this bill. I've heard some remarks made about executive appointments and executive office. The constitutional convention removed the Superintendent of Public Instruction as an executive officer, and it did so for the purpose of having a possibility of appointments made in some other way than by the Governor. The school.... the school committee in the constitutional convention handled all the arguments I've heard on this floor in opposition to this bill. They decided that they did not want the Governor to make the appointments. They decided that they did not want an election for school board members. They decided that we wanted regional appointments. This bill does all of them. I think its a very good bill, it leads the way to a new facet of education in Illinois. And I strongly urge a yes vote on this bill."
"Have all voted who wish? Take the record. Oh... Representative Mann, for what purpose do you rise, Sir?"
"Well, Mr. Speaker, I would just like to reiterate a request that's been made of Representative Choate that this bill be held. What, my objection to the bill is that I think GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 175. That if a state board of education is going to have any value its got to be the kind of board that will ride herd over the Chicago Board of education. And in order to do that, I think it has to have appointees who come from people who are not going to be necessarily party affiliated people. They can be but not necessarily. Now i think that we shouldn't over. look the fact that a bill has been come up....has been produced by Representative Choate, I think that's significant. But I think the bill has to be redone, worked in such a way that you have a strong board which is going to make the Chiago Board accountable to the state board. And I don't believe that this bill will accomplish that."
"Representative Regner, for what purpose do you rise...do you wish to explain your vote sir?".
"Yes, sir just a short explaination of my vote and that is that in the choice of our legislative leaders. I'd like to say I trust ourselves and our selection of legislativ leaders, and urge a yes vote on the bill."
"O-K, Record Representative Duff as voting 'present.' On this question there are 69 'ayes', 74 'nays' 2 'present'. And this bill, having failed to receive a constitutional majority, is hereby declared lost. Representative Collins, for what purpose do you rise, Sir?"
"Ah...Mr. Speaker, and ladies and gentlemen of the House, if I may break in for just a moment. I'd like to direct your attention to the rear gallery where our colleague Representative Charles Fleck is seated with Mrs. Fleck." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 176.
"Phil... Representative Collins, I think you must be mistaken, that's his daughter. Representative Hart, for what purpose do you rise, Sir?" Richard 0. Hart: "Ah...Mr. Speaker, as the unofficial page helper committee chairman, I have miss Ballard here a young republican page and she has a copy of House Bill 2555 which some legislator requested here to obtain for him, and she can't find him. I would appreciate if that legislator would raise his hand so that miss Ballard may carry out her duty."
"Representative Nowlan, for what purpose do you rise, Sir?"
"Mr. Speaker, I rise for the good of the House. I want to correct the records. The lovely lady in the Gallery ah...with the...with Representative Fleck is a constituent of Representative Shapiro's and mine, she is Miss Cindy Newman of Kiwani who was last year selected the Miss all American Cheerleader when she was a Senior at Bradley University."
"House Bill 4688."
"House Bill 4688. An act to make an appropriation to the committee to study and produce a collective bargaining bill for public school educators. Third reading of the bill."
"Gentleman from Kane, Representative Hill."
"This is an appropriation for $15,000 to ah... finance a commission to study and produce a collective bargaining bill for public school educators. And I'd appreciate your support."
"Is there any discussion? Question is shall House Bill 4688, pass? All those in favor signify by GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 177. voting 'aye', the opposed by voting 'no' Have all voted who wish? Take the record. On this question there are 132 'ayes', 4 'nays'. And this bill having received a constitutional majority is hereby declared passed. House Bill 4689."
"House Bill 4689. An act creating the commission to study and produce a collective bargaining bill for public school educators. Third reading of the bill."
"Gentleman from Kane, Representative Hill."
"Mr. Speaker, ladies and gentlemen of the House ah...the previous bill was the appropriation bill for this commission. House Bill 4689 is the bill that sets the commission up. I'd appreciate your support."
"Is there any discussion? Question is shall House Bill 4689 pass? All those in favor signify by voting 'aye', the opposed by voting'no' Have all voted who wish? Take the record. On this question there are 127 'ayes! 12 'nays'. And this bill, having recieved a constitutional majority is hereby declared passed. House Bill 4608."
"Hous e Bill 4608. Bill for an act to make an appropriation for Transportation Bond Funds etc. Third reading of the bill."
"Gentleman from cook, Representative Scariano."
"Mr. Speaker and ladies and gentlemen of the House, these are the bills which we discussed at length GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES and I would not want to take any more time of the House. I understand that there was a conference yesterday with. respect to how many votes ah....the legal authorities have ah...agreed that you need 107 votes. And I wouldn't want to take any more time of the House just to refresh your memories these bills provide for about $6,500,000 to go to the Superintendent of Public Instruction to make up ah... deficit in the transportation fund because every legislative district in this state has school, districts which have experienc. shortages in their transportation funds. And if your interested in your own legislative district as to how much its short, I'll be glad to give you that information on request. I would ask your favorable support. This money comes out of the ah... Transportation Bond Fund, $6,400,000 and some dollars."
"Gentleman from Effingham, Representative Keller."
"Will the gentleman respond ah...to a question?"
"He indicates he will."
"Representative Scariano, does this money, ah... these bonds will they be paid back with Motor Fueld Tax fund that is being used for roads right now?"
"Ah..that was my understanding with respect to ah...when this bond issue came up last year this is the $900,000,000 bond fund that we passed last year, I under stand its motor fuel tax money."
"A certain part of it though is being paid back with motor fuel taxes and a certain part by General Revenue. That's what I want to_know." STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Anthony Scariano: "Yes that's right. Well you know that bond issue was not only for highways but for mass transit and for aviation as well."
"Yea, but is thisparticular money coming from the motor fuel tax fund? That would be my question."
"Part of it is coming from motor fuel tax fund."
"And the other thing is this is just an emergency appropriation, is that correct?"
"Well, its an appropriation to make up a deficit of six and a half million dollars which shools have already incurred in the state of Illinois."
"How have they been reimbursed before, I mean."
"The state has reimbursed them, but they dont have the money to reimburse them, this kind of money, and if we don't give them this kind of money the money is going to have to come from the education fund, which is the fund out of which teachers are paid and books are bought, supplies purchased and other bills paid."
"Well, from what I'm trying to get at, though, is how have they been reimbursed before, I mean from what fund. Has it been from motor fuel tax money, or has it been from the educational fund?"
"No, its been local tax money and state money out of General Revenue."
"Out of General Revenue? Do you have any objections of amending this bill over in the Senate to come from General Revenue?" GENERAL ASSEMBLY STATE OF ILLINOIS 180.
"We don't have the money, its in the highway bond fund. We don't have it in General Revenue."
"O-K, thank you. In that case, Mr. Speaker, and ladies and gentlemen of the House, I would have to oppose these bills because ah... I think that these series of bills are going to take vital money away from the districts in the Southern half of the state and also the city of Chicago that they need for their roads, and I feel that we do need this money and they do need to make up this deficit, but they take it from the proper funds and not deprive the people of the city of Chicago and the people of my area, of the roads that they need. So therefore, as long as this money is motor fuel tax money and being used for other purposes, I'd have to oppose these bill."
"Gentleman from cook, Representative Bill Walsh."
"Well, Mr. Speaker and ladies and gentlemen of the House, as I understand this bill this takes bond proceeds from the Transportation bond issue and its just another step that the 77th General Assembly is taking in the ah...direction towards fiscal irresponsibility. Now, ifyou recall, about a year ago we passed a bond issue, or we permitted the Chicago Board of Education to issue bonds for $250,000,000, not for capitol improvement but for maintenance. And then a few weeks ago we took $35,000,000 of this bond issue and permitted its use for operations. Thus we're issuing bonds that have a maturity over many years for current expenses. Now, this GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 181. bill, or these bills goes a step further and permits us to issue bonds to pay expenses that have already occured. Thus, for many years we'll be paying off bonds for expenses already ......I'm back on.... I submit that this is poor practice, and that the delegates to the constitutional convention, I'm afraid, underestimated our fiscal responsibility. We ought to change our direction and certainly vote no on these bills."
"The gentleman from Dupage, Representative Hoffman."
"Mr. Speaker, will the sponsor yeild to a question or two?"
"He indicates he will."
"Mr. Sponsor, how was the dollar figure arrived at?"
"The dollar figure was arrived at by taking all of the shortages in the various school districts and. adding it up and it comes to exactly $6,416,782. As Chairman of the School Problems commission, you ought to know that."
"This figure that your using is to...is the figure as of July 1, 1971?"
"That's the latest figure I've got."
"How was ah...this particular is....."
"Its for fiscal year '71. By legislative district, I've got it. What's your district, I'll tell you what the shortage is in your district."
"You mentioned ah...you mentioned that this...if it didn't come from the bond issue it had to come from the education fund. Is that correct?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 182.
"That's the only way you can pay for a deficit. These local school districts don't have the money in their transporation fund, and they don't get it from the state.. The only place they're going to have to get it is from the E Fund, or raise their taxes."
"Isn't that against the law?"
"What's against the law?"
"To take money from the education law to pay for...."
"It is not, when your short in one fund, you go to the E Fund, the E fund is responsible.....Alright."
"The transportation formular that we're now operating under was passed on 80% funding basis, included in this was a provisal that you could no longer supplement your transporta- tion fund from the education fund."
"You can borrow from the education fund."
"You can borrow from it but you cannot take from it as before..."
"Well, you know, some school districts are doing this on a rather perennial basis by making it a bookkeeping transaction year after year after year.".
"The figure that you are using...." Anthony Scariaño: "And they never pay the money back." G. L. Hoffman. "The figure that you are using is the figure which establishes the...or identifies the deficit prior to payment ah...by the state for that years claim. Is that correct?"
"No...No."
"The payment for the '70, '71 claim which totaled $25,061,000 was made in September of 1971. As you well know, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 183. Tony, we pay this claim after the fact. If I may speak on the bill, Mr. Speaker. Let me just make two or three observatic. One, House Bill 4466 and 4468. provided an amendment to our present transportation formular to provide for those districts whose assessed valuation was so low and that they could not make up with their partici-....with the minimum or maximum from the 7 cent or 12 cent non-referendum tax rate to pay for transportation expenditures which are allowable by the state. The deficits which some of the school districts run are now in ther transporation formular have come about for a variety of reasons. One; a number of school districts did not make the final transfer from the education fund to the transporation fund when we moved to this new formular three years ago. Another way the deficit has been incurred is becaus.. local schools..ah...boards have been unable or unwilling to resist a certain type of demands for transportation that people wanted and on the other hand, were unwilling to ask the people to pay for them. The state's cost for transportation of school children across this state has increased by 200% since the introduction of this formular. We were at 9 million and we are now appropriating for this last year in this fiscal year and excess of 30 million dollars. House Bill 4468 appropriated $500,000 to pay back into those deficits, or pay back into those districts that have been incurring deficits because they didn't have the assessed valuation. Ah...Mr. Speaker, ladies and gentlemen of the House I'm not sure what the solution is to the transporation problems in these district who have run up these deficits, except to say that I'm sure GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 184. that this isn't it. And therefore, I would encourage a no vote on this bill."
"Gentleman from Rock Island, Representative Pappas."
"I move the previous question."
"Gentleman has moved the previous question All thosein favor signify by saying 'aye', opposed 'no'. The gentleman's motion prevails and Representative Scariano to close the debate." :
"Mr. Speaker and ladies and gentlemn of the House the attitude I have heard of some of the speakers who have spoken against this bill further strengthen my firm belief that one of these days in Illinois We're going to have some of the finest highways for our illiterate kids to drive to their distressed schools on because we're placing transportation funds....we're placing motor fuel tax money ahead of the eduction of our kids. We've given, not too long ago, $30,000,000 out of motor fuel tax money to the CTA in Chicago. Most of the money that's required to make up this deficit is for downstate school district. Let me give you some of the districts and these are firmly established amounts that are already asertained as being short in these various school districts and I'd like to give them to you by legislative districts for instance in the 35th districts its short $141,000. In the 37th $167,000, 36th $144,000, 33th, $119,000, 31st $78,000, 39th $63,000, 42nd $504,000, 38th $280,000, 45th $257,000, the gentleman from Effingham ought to know that in his district they're short $429,000, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 185. 59th $351,000, 58th, $608,000, 55th $402,000, and so on. All of these districts, most of these districts downstate, have the heaviest shortages in the transportation fund and as the gentleman from DuPage, Mr. Hoffman indicates, we fell far short of the mark in enacting the new formular and the shortages have come to life in fiscal year '71. These claims are always paid one year in arears. We're always one year behind in making these reimbursements to the school districts. And I repeat Mr. Speaker, and ladies and gentlemen of the House that if your going to place the needs of highways and truckers and the oil lobby the highway lobby before the needs of the school children of this state, then I don't envy you your conscience. But I would firmly urge you, before you hear from the rathful people in your districts with respect to this new formular that has caused these shortages, I should think that you'd give serious consideration of passing thiese bills, and never mind what the road lobby urges you to do. I would urge your favorable vote for the six and one half million dollars which is there in the road transportation fund, the road and highway bond act, under the highway bond act. We've done it for the city of Chicago, we can do it for the suburban and downstate districts. Chicago, doesn't have the problem because they don't transport their kids by school buses, they reimburse the CTA. At least its supposed to be a reimbursement. This is for suburban and downstate districts which are terribly in arears with respect to the money that they need to make up their shortages in the transportation fund. I urge your favorable vote FENIRAegialazi Poth bills, Mr. Speaker, I STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 186. think are being considered at one time, in accordance with the permission and leave granted yesterday."
"O-K, would the clerk please read, to be on the safe side, House Bill 4609:.""
"House Bill 4609. An act to amend sections 5.1 of the transportations bond act. Third reading of the bill."
"Question is shall House Bills 4608, and 4609 pass? All those in favor-signify by voting 'aye', and the opposed by voting 'no'. The clerk will take two roll calls and 107 votes are required. Gentleman from cook, Represer tative B. B. Wolfe: "
"Briefly to explain my vote. Mr. Speaker and ladies and gentlemen I don't think taking the six million dollars from the motor fuel tax fund ah...is a departure from what I have experienced as a member of this law making body. In fact, it is being used in an area in which the purpose is related to the motor fuel tax fund, so that makes it doubly worthwhile. I think if we get 107 votes on that board we'll be doing the school children of this state a great favor."
"Gentleman from Lee, Representative Shapiro."
"Mr. Speaker, ladies and gentlemen of the House I wish to briefly explain my vote. I think if you were all listening to the sponsor of the bills you may have noted that he listed the figures for the 37th legislative district which. happens to be the new district which I now occupy, and he quoted a deficit, a so called deficit for all the school distric GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 187. of $167,230. I wish to go one point further and tell you that approximately $80,000 of that money is a so called deficit for my home school distrct, amboy unit 272, and I submit to you that that doesn't make these bills good bills. They set a very dangerous presidence. they are taking bond transportation money that was designed for capitol improvements and attempting to make the use of the money for operating expenses incurred in the fiscal year of /71. And furthermore I want to point out to this assembly that approximately one third of these school districts do not levy the maximum 12 cent tax rate that they can, without referendum. I urge a no vote on these bills, and a sound defeat for the both of them."
"Have all voted who wish? Take the record. On these questions there are 77 'ayes', 52 'nays' And these bills having.... Lindberg, 'no'... Ewell 'aye'... And these bills having failed to receive constitutional 3/5 majority are hereby declared lost. On the order of considera- tion postponed appears House Bill. 4510, for which purpose the gentleman from cook, Representative McDevitt, is recognized."
"Its o-k, my light isn't on. Mr. Speaker and members of the House, House bill 4510 received, I'm sure, a very fine explaination recently, the one that was before you. So I won't burden you with a lengthy explaination. Suffice it to say that you allknow that the court of claims consists of the three judges who hear claims against the state of Illinois, and what this would do, it would give to each of the three judges an increase in compensation from GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 188. $9000 to $16000 a year. In addition to that one of the matters of jurisdiction with a exercise is a matter of hearing claims by prisoners who claimed to have been wrongfully imprisoned due to their innocence and would require the pardon of the Governor that's presented to the court of claims the innocence of the prisoner. The third element would be the ah...they would have jurisdiction in any ah...case against the state of illinois where such an action would lie against the private person. The final change in the act increases the jurisdiction from $25,000 per claim to $100,000 per claim. This is a needed bit of legislation and I would respectfully request your support. It fell short, I understand about six or seven votes on the last hearing."
"Is there any discussion? Question is shall House Bill 4510 pass? All those in favor signify by voting'aye', the opposed by voting 'no'. Have all voted who wish? Take the record. On this question there are 106' 'ayes', 15 'nays'. And this bill having received a constitutional majority is hereby declared passed. On the order of consider- ation postponed appears House Bill 4310, for which purpose the gentleman from cook, Representative Schlickman is recognize:
"Mr. Speaker, ladies and gentlemen of the House I would ask leave for the House to have considered with House Bill 4310, House Bill 4667 which is the companion bill."
"Does the gentleman have leave? Hearing no objections.....O-K, 4667 have been read a third time, Representative Schlickman, so would you proceed on the two bills." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 189.
"Mr. Speaker and ladies and gentlemen of the House, House Bill 4310 authorizes the Secretary of State to construct an additional motor vehicle facility in the. northern part of the state, specifically in cook county. The encumbent Secretary of State ah,..has concurred with the conclusion of his predecesor that because of the tremendous population growth in the metropolitan area of cook county, that there is a need for an additional motor vehicle facility. This facility will promote highway safety, it will also provide for a more efficient collection of taxes. I would move, Mr. Speaker and solicit support of passage of House Bill 4310 and the companion bill 4667."
"Is there any discussion? Gentleman from cook, Representative Berman."
"Would the sponsor yield?"
"He indicates he will."
"Ah...4667 Gene, does that appropriate $5,000,000.
"House Bill 4667 would appropriate $5,000,000 from the road fund." Arthur L. Berman: 'Is that in the Governor's budget?"
"I don't know that the Governor has any budget with regard to the distribution of road funds. I've looked at the budget there is no breakout of the money."
"I]m sorry, I didn't hear you."
"I'm saying that I have look at the Governor's budget and there is no breakdown of the distribution of the road fund." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 190.
"Is the five million coming out of the road fund?"
"I'm sorry, what is that?"
"Is this five million coming from the road fund?"
"from the road fund, that's right. I do understand, Mr. Berman, that the Secretary has discussed this matter with the Governor himself, and there was concurrence with this project."
"Thank you."
"Is there further discussion? The Gentleman from cook, Representative Richard Walsh."
"Will the gentleman yield for a question?"
"He indicates he will."
"Gene, looking at House Bill 4667 it doesn't specifica say the road fund, ah...and I don't have the bill infront of me, but I do presume it does say that in thebill itself?"
"4667 specifically prescribes the road fund."
"Alright, and 4667 in the digest refers to a building outside of sangamon county, ah...is the county specified, that is is it to be constructed in cook county."
"There is no specific prescription as to the locality, my understanding is that the practice is to provide for an additional facility outside of sangamon county which is the location of the capitol seat, and this is the customary way of making provision for this."
"Is that the way it was done when the facilities in Chicago were constructed, or do you know?"
"That's my understanding." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 191.
"Thank you."
"Gentleman from Effingham, Representative Keller." Charles F. Keller: :" would the sponsor answer a question?" Rep. Arthur A. Telcser: He indicates he will."
"Gene would you have any objections of this bill, I know its suppose to come from the road fund and I have no objections from it because this is where they've come from before, but this is a capitol improvement and somethin. that's gang to be there for years, would you have any objection to amending this after it reaches the Senate over there to take this from the ah...bond fund, transportation bond fund that we had last year."
"I understand that that cannot be done, because this is a facilaity that is related to highways and therefore, it should come from the road fund, the proceeds of which are from the motor fueld tax."
"Well, its true, these proceeds do come from motor fuel tax, but I just thought that maybe since this is a capitol improvement, that's gang to be there for years to come that ah...maybe it could be amended over there and the bond fund is going to be paid back by motor fuel: tax funds and I thought that it might better come from that fund rather than this here particular fund."
"The funding of this proposed project is identical to the funding of the motor vehicle facility that's presently underconstruction here in Sangamon county and a couple of days ago ago we reappropriated approximately 3.3 million GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 192. dollars for the completion of that project from the road fund."
"Is there further discussion? Does the gentleman wish to close the debate? Question is shall House Bill 4310 and 4667 pass? All those in favor signify by voting 'aye', the opposed by voting'no'. And the clerk will take two roll calls. Have all voted who wish? Take the record. On this question there are 117 'ayes', 15 'nays'. And these bills having received a constitutional majority are hereby declared passed. Record Representative Boyle as voting 'aye', Houde 'aye'."
"For what purpose does the gentleman from Union, Mr. Choate, desire recognition?"
"Well, Mr. Speaker, I would like to ask unanimous consent of the House for the suspension of rule #73 for the purpose of reviving a bill to use as a vehicle, which 1 talked to the sponsor about doing this. And let me first explain the reason that I would like to have this vehicle. Yesterday, in conversation with Representative Hill on the floor of the House, I suddenly realized that possibly all of the cities in the downstate portion of the state of Illinois was not being able to avail themselves of the monies that had been set forth as far as mass transit is concerned. At that time, the leadership, Speaker Blair and Representatives Hyde, Shea and myself have been talking about a way to empliment the plan that was brought about by conversation with Represen- tative Hill and we've talked to other members about helping GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 193. the downstate transit districts in the manner in which the Chicago Transit Authority is asking for help on a soft match basis as far as funding is concerned. We have arrived at a plan that would provide up to twenty.millions of dollars in unmatched state grants for eligible transportation districts. The Transit districts would not have to put up any local matching money to qualify for state aid. The Secretary of Transportation would be empowered to award up to 10% of the available state mass transit money in any year in these un- matched grants. And by providing these grants, which do not require local matching funds, we hope to reduce the reliance of downstate mass transit systems on property tax revenues. There would be some 17 transporation systems eligible for these special grants. They are; Springfield, Rock Island, East Aurora, Greater Peoria, Champaign-Urbana, Joliet, DesPlaines, Rockford, Northwest Suburban, West Suburban, Skokie, North Suburban, Chicago South, East St. Louis, Decatur, Aurora, And pekin. I would hope, Mr. Speaker, that it would be the sentement of the members of this House to approve...ah...to approve the efforts of providing this special grant in aid to the transit system in downstate Illinois."
"Gentleman from cook, Mr. Hyde."
"Ah..Mr. Speaker, ladies and gentlemen of the House I wish to join in the distinguish majority leaders motion. I think this ah..process will result in the sharing of the downstate transportation systems which are in dyer financial straights and find themselves without either hard or soft match to participate in the ah...transportation funds. This GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 194. devise will enable them to share in these funds which are greatly needed down state. And so, I do join in the distinguish minority leader's motion to suspend the rule so that this legislation may be put in proper shape to pass."
"Alright, ah...is there consent...Gentleman from cook, Mr. Richard Walsh."
"Mr. Speaker, I didn't intend to object, but I wonder if the sponsor might yield for a question?"
"Sure, he will."
"Clyde, before this matter is to be voted on, I wonder if you could have someone prepare for us a list of these districts and the amount of money that would be made available to them. And also, a copy of the bill, which I presume would be made available, and an indication as to which is...as to whether these districts are publically owned or privately owned, and which is which."
"Let me read the amendment very quickly, if you don't mind, Representative Walsh...."
"It doesn't matter to me now, just so we can have it tomorrow."
"Well, its a House bill, and it was the thought of the ah...ones who have worked on this that if we were going to attempt to get the legislative session over with, and the days in which I know that we would like to, was to revive this bill, amend it and pass it over to the Senate, yet today in this session. I would say this to you, that ah... after it got over there that ifyou have any ideas as far as amendments are concerned, that we would be glad to hold GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 195. it in abiance until that time. But, let me read this amendment because its very short. Grants in excess of the limitations of section 6, 7 and 8 may be made to mass Transportation Systems owned by municipalities and to districts other than those created pursuant to the "Metropolitan Transit Authority Act" approved April 12, 1945 as amended, or the "Urban Transportation District Act" approved July 31, 1945 as amended. Upon a determination by the secretary that an emergency or failure of revenues exist, that the district or carrier is unable to provide funds forthe remaining portion of the project cost, or obtain such funds from the municipalitie or counties within the region in which it operates, or that execution of the project is essential for the maintenance of a sound Mass transportation system provided that the total amounts of grants made pursuant to this section, in excess of the limitations of sub section 6, 7 and 8 shall not exceed 10% of the grants made in any fiscal year. So I would hope that would answer your question."
"Well, it doesn't because I don't know what those definitions are. Ah...you can't tell me...I know one you mentioned the West Suburban is privately owned, ah... I don't know about the others but ah...some may be municipally owned some privately owned and we have no way of knowing how much goes to whom and ah...when."
"Well, the amount to whom and to when would be by application by the individual involved and then approved by the secretary." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 196.
"Was there ah... you mentioned some..what did you mention 1.1 or 15, I forget how many different districts, 17 districts are they going to have a race to the wire for this money or ah...how are we going to determine who's going to get it and which is....":
"As I read in the contents of the bill, its at the descretion of. the secretary, however, we've doubled the amount available to the downstate districts in this provision. In the past, in the original bill they were allowed only 5%, and now we're doubling it to 10% and in thepast they had not even availed themselves to the maximum amount of the 5% as I understand it, however, the reason for doubling was simply because we're taking away the hard match. No, I don't know whether this will be enough or too much or anything else, but its a step in the right direction, and you only learn by trial and error. We certainly don't have the time to go to each and every district and ask them exactly how much money they need, but I do know that its a step in the right direction to alleviate some of the problems that do exist in the down state areas."
"Well, my only thought, Clyde, and I understand the Speaker may be able to ah...amplify on this, is they all need as much as they can get. And ah...if there aren't any standards involved, your going to allow privately owned systems to compet.c with ah... publically owned systems ah...I think your just going to end up with ah...."
"Well, I might point out also, Representative Walsh, that it is not a new appropriation. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Its only amending 197. an act that we passed in the last session of the General Assembly and doubling the amount that would be available to the downstate districts covered by that act and saying to those downstate districts that instead of a hard match on application and then ratification of the secretary, the money shall be available."
"Gentleman from Will, Speaker Blair."
"Mr. Speaker, ah...perhaps I can shed a little more light on the situation ah... It came to the attention of ah...the leadership that ah...with the understandings that have been reached here last week, ah...one of which involved this bill ah... för mass transit districts that would primarily avail itself to the Chicago Transit Authority, that that bill provides that public transfers may be made to mass transit districts and under that bill the Chicago Transit Authority is going to be able to receive substantial amounts of equipment etc. from ah..public entities. For example, the City of Chicago, and they would be able to use that for a soft match in order to obtain the bond funds. And if you recall ah... of the nine hundred million dollars of the transportation funds, two hundred million dollars were for mass transportation. Ah...this so called CTA bill also has general applicability to all the transit districts in the state, however, as a practical matter, they just don't simply have the soft match in other words, they don't have public entities to transfer them any more so that they could use that as soft match. So as a practical matter they didn't have hard match, they didn't have soft match and we felt that the downstate transit districts GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 198. including suburban transit districts ah... ought to have an opportunity ah...to make application for part, at least, of this two hundred millions of dollars of which I think there's about 187 million dollars that have not been expended. Ah.. so this is a vehicle whereby ah..we can accomplish that ah... and as the minority leader has pointed out, there's no addition- al appropriation of bonds at all, it simply allows out down state districts to be placed in a competitive position with the Chicago Transit Authority on the applications to the Secretary of Transportation's where these moniės are available."
"Gentleman from Johnson, Representative McCormick."
"I would just like to ask one question and ah... in order to clear the air, I'm going to vote for the bills because they're part of the deal and we all made the deal. But I want to ask one question in the organization of the Urban Transportation District in the city of Chicago what was the tax rate that the people voted?"
"Well, let me tell you this, Representative McCormick, I don't know anything about the tax rate. But I don't like to inuendoes that you cast at the front, because this is not part of any deal, for your information. Now, wait a minute let me finish. I told you that this was brought about by a conversation with Representative Hill, sitting right here on the floor of this house yesterday, where he pointed out to me that in all instances down state transit districts was not able to qualify for the funds available to them, simply because they did not have the finances available GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 199. to make a hard match, at which time I brought this=problem to the attention of Representative Shea, Hyde, and Blair, we have talked about it, and we thought, at least, we were attempting to alleviate some of the problems of the downstate mass transit districts and to answer your question further, I don't know an; thing about the tax base, the rates or anything else in the area of which you ask, but I didn't like the inuendo that you cast at the front."
"Ah... Mr. Speaker, I would like to ask the Speaker, because we passed the bill in the General Assembly, given the authority to set up the urban transportation district and I'm simply wanting to know if the urban transportation district, when they were organized, did have a tax rate authorized for the people, that's all. There's nothing wrong with asking that question is there?"
"Gentleman from cook, Representative Garmisa." Benedict Garmisa:: "Well, Mr. Speaker, I could answer that question if all if the sponsor of this bill would give me leave to answer for him. C.L. Mccormick, the ah... the formular calls for 5% tax levy. Does that answer your question?" Rép. Arthur A. Telcser: "Gentleman from Union, Representative Choate."
"Well, I was just advised by staff that if you were asking about a couple of organizations that was going to tear down some of the transit lines in the CTA geographical area, or the urban area that is concerned, that they are specifically excluded from this amendment. And no, C.L., I GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 200. didn't resent you asking the question, it was the inuendo at the front of the question. Because there is no deal."
"The gentleman from Lake, Representative Matijevich."
"Mr. Speaker, I'd like to commend those who are trying to work this out. Although, my minority leader didn't mention the greater lake county mass transit district, he assured me that they are included in this. Frankly, I was reluctantly going to oppose the CTA soft match bill, but I really feel that mass transit, if we are going to go into real mass transit transportation, those areas that have the urban population must be covered and we've got to realize the great population in the city of Chicago. However, until this effort was made in behalf of other communities, especially those rimming the Chicago area, I was going to oppose the CTA bill. I feel now that I can vote for that bill too, and I commend those who have worked this out."
"Gentleman from Lake, Representative Murphy."
"Mr. Speaker, a question to the sponsor."
"He indicates he'll yield."
"Ah...did you say the Lake county Mass Transportation I mean I want to hear you say it, sir."
"Did I say what?"
"Did you include the Lake County Mass Transportation District?"
"I said, I just answered that question to Represen- tative Matijevich, not on the microphone, incidentally, that GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 201 as far as I knew, as far as I was knowledgeable of, the Lake County Mass Transit District is included. If it is not by some means, it will be rectified in the Senate as soon as we get it over there, because that is one of the one's that we are attempting to take care of."
"From out where I live, about the only thing you could give to us would be some shoes for our horses, I believe."
"Say, I've got a few horses myself, if you run out of shoes you can use mine."
"Gentleman from Macon, Representative Borchers."
"Mr. Speaker and fellow members of the House, now Decatur was mentioned as one of the areas of involved in this mass transit or this funding idea. And of course I am from Decatur and Macon County, but I honestly can say that I do not feel that I have a right to ah...put on the people of shelbyville, of pana of Taylorville and the other areas in my three districts, the burden of helping support decatur. Now we've just had a referendum which we've just passed that that gave us money to operate our ah...with some matching funds its true...operate our bus sytems. But there's more than Decatur, there's a whole area that I have to think of and I couldn't look at the people in Pana and say you are helping support Decatur and in turn, the CTA in Chicago. So I feel its a matter of honor and proper legislative position of mine to protect the people of my area and vote no."
"Gentleman from cook, Representative J. J. Wolf." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 202.
"Just one or two questions of the sponsor, if he would yield?"
"He indicates he will."
"I'm having some difficulty following this. Is this going to add more money to the Capitol Grant portion of the comprehensive transportation bond act? Is that going to add additional dollars to it?"
"No way, this is the money that was appropriated out of the transportation bond authority, as I understand it, and the last session of the General Assembly. Its only increasing the amount of that amount to be made available to downstate districts and it does the other thing that I mentioned, relieves and withdraws the ah..provisions where they must have a hard match. In other words, it is a grant in aid now, rather than a hard match propositions. And to answer Representative Borcher's while I got the phone, I don't know how much money would be involved in the aid to Decatur, Representative Borchers, under this thing, but it isn't the only thing that your area and other areas of downstate is getting as far as transportation bond issue is concerned. I know that in several areas there is several new highways being constructed also."
"But there is, as I understand it now, there is about 168 million dollars now, roughtly, in capitol grants now."
"There's about 187 million.:"
"Is that going to come out of that particular money?"
"This comes out of that money." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 203.
"Gentleman from cook, Representative Shea."
"Mr. Speaker, ladies and gentlemen of the House, I'd like to re-emphasize what two series of bills are doing here. There's abill that Representative Garmisa is sponsoring in the House and this bill in its hopefully amended form. Neither one of these bills have any money in it or call for any appropriation. They just change the ground rules on how you apply for your matching funds from the state. Both these bills allow methods of helping communities. The bill that Representative Choate is now amending specifically allows downstate transportation districts to acquire matching funds from the state in the discretion of the Secretary, without the required match. The other bill allows for soft match purposes. Any items that municipal governments, either. counties or cities, will donate to the transportation districts to be allowed to be used for soft match purposes. Neither one of these bills require the expenditure of one penny of state's money: Any money to be taken out of the transportation bond money has to be appropriated by this General Assembly."
"Gentleman from cook, Representative Duff."
"Will the sponsor yield to a question?"
"He indicates he will."
"Representative Choate, ah...you indicated that there would be some opportunity for us to ah...view the specifics of this before its acted upon by the Senate. It is unfortunate that we are not able to seek copies of this now, or really assess the effect of it in theparticular GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES areas of the state. Ah...can you give us some assurance today, we can get this information, or that it will not be acted on in the Senate tomorrow until we have copies to look at and an opportunity to evaluate it?"
"As far as I'm concerned, Representative Duff, I will have copies run off on the copying machine. There will be a multitude of them in my office, and any one who desires to do so, can walk in the outer office there and get as many copies as they like. Now as far as rushing the bill through the House into the Senate, I want to remind you and other members of what I said when we went into this abbreviated session, that I was prepared to stay here as long as it took. Days weeks or months to complete an orderly process as far as this legislation is concerned. I'm still of that mind. However, the way that we're going today, if we're going to take this act and make it applicable in the manner in which we mean for it to be fore the downstate areas, we're going to have to attempt to do something on it today, and get it over to the Senate. And I would suppose that before final action is taken over there, that any member who picks up one....after all its only a half a page in length, can pick one up in my office this afternoon, and if they don't know what they think about it by the morning, then they haven't looked at it."
"Well, the question is, and I would agree with you I think many of us are willing to work as long as we need to in order to get the session completed properly, but the point is not simply that we may agree with half a page, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 205. but that we may have somebody to whom we may speak, in order to evaluate the effect of this change on the different areas of the state. And ah...is there somebody availalbe to can answer those question?"
"As I said, in a previous statement, if this piece of legislation does not do explicitly what I have Representedit to do, and others have represented it to do, here this afternoon you know and I know that we're going to attempt to amend it on the floor of the Senate too, to make it explicitly what we've meant it to do. You know and I know that if those amendments do, and are adopted that the House will have an opportunity to discuss it again in full on the concurrence motion. I think that we're getting alarmed here about a lot that is basically very simple as far as the meaninful part of this legislation is concerned. Its only to remove the hard mateh as far as these downstate districts are concerned and make this money available to them double the amount that we passed in the last session on a grant and aid basis. Its just that simple."
"Mr. Speaker, may I address myself to the bill?"
"Well, We're not discussing the bill, sir. The gentleman has put a motion to.....proceed sir."
"Its only that it seems to me Mr. Speaker....Its only that it seems to me Mr. Speaker, that, and I understand the effort, the great effort on the part of the leadership and the different members of the House who are trying to solve this very difficult problem, and I don't want to be against the motion, but I do want to point out as I did last GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 206. year when our transportation package, came along, that it still seems to me that we're approaching these matters as a patchwork quilt fashion, and we are not by these methods, solving the very serious and real comprehensive masstransportation problems of Illinois."
"O-K, let's see where we are for a moment. The gentleman, as I recall, asked leave to suspend rule 73, obviously there will be objections made, I assume that the gentleman will put the motion, will that be correct? tative Choate, there are obviously objections to leaves to suspend rule 73, I imagine then you will put the motion, is that correct sir?"
Represen- Clyde L. Choate: "I thought I made that explicitly clear when I asked for unanimous consent. If not then...if unanimous consent is not given then I do put the motion to suspend the provisions of rule 73 for the purposes of which I've been talking about and discussing here for the last few minutes."
"Alright, does the gentleman have leave? O-K, Hearing no objections rule 73 will be suspended. Representative Shea, for what purpose do you rise?"
"I assume the posture now that House Bill 4558 is now alive and on third reading?"
"Not yet, Sir, rule 73 has been suspended the rule deals with a member voting on the prevailing side of a recorded vote now. I came up on the podium in the middle of this now, let's just see where we are. Now, I would assume that the gentleman would now move to reconsider the vote by GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 207. which House Bill 4558...."
"In as much as the provisions of rule 73 have been ah...suspended, I would not move, Mr. Speaker, that the vote by which House Bill 4558 was rejected, be reconsidered."
"All those in favor.... Representative Simmons, for what purpose do you rise, Sir?"
"Did the gentleman actually vote on the prevailing side?"
"I don't know if he did not not, Represen- tative Simmons, but the point is that we've just suspended rule 73 which deals with that question, and in view of the fact..."
"Well, I thought that the rule required to be done within a certain time limit?"
"Well, we've suspended the rule, Represen- tative Simmons. The rule has now been suspended."
"I know, as far as time, now its timely to suspend the rules, I would think."
"Well, he just recieved leave, to do so. Representative Choate, for what purpose do you rise, Sir?"
"Ah..the questions that Representative Simmons raises would have been germane, as I understand it, if we had not had received unanimous consent to suspend the provisions of rule 73. Now that rule 73 has been unanimously suspended ah...his questions are not germane, it doesn't really matter how I voted and I don't really know how I voted."
"O-K, the gentleman has now moved to reconsider the vote by which House Bill 4558 failed. Allthose GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 208. in favor of the Gentleman's motion signify by saying 'aye', opposed 'no'. And House Bill 4558 will now be reconsidered it is in effect on the order of third reading. Representative Murphy, for what purpose do you rise, Sir?"
"According to the digest that motion we're voting on was a further consideration of the bill to postpone for further consideration was lost. That was the motion we were voting on on 4558."
"No, there was a motion, Representative Murphy, was to ah...suspend rule 73 and move to reconsider the vote by which....."
"On May 22, motion for further consideration to postpone was lost."
"And then the bill was lost."
"The motion was on further postponement. I'm. just saying that to correct the records thata all."
"And that motion lost, therefore the bill lost. And so now that we have reconsidered that vote, the bill in effect is on the order of postponed consideration which is third reading. And the next motion would be to move that to the order of second. Representative Shea, for what purpose do you rise, Sir?"
"Well, Mr. Speaker, I handled these bills in the absence of Representative Carter with leave of this House, so now I would ask that this bill be brought back from third to second reading, leave of the House to bring it back from third to second reading for the purposes of an amendment." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 209.
"Does the gentleman have leave? Hearing no objections House Bill 4558 willnow be on the order of second reading, will the clerk please read the amendment."
"Amendment number two, Choate, et. al. Amend House Bill 4558 on page 4, by deleting lines 12 throught 23 and inserting in lieu thereof; '9, grants in excessive limita- tion of sub-sections 6,7 and 8 may be made to mass transporta- tion systems owned by municipalities and to districts other than those created pursuant to a metropolitan transit authority act proved april 12,1945 as amended, or the urban transportation district act, approved July 31, 1969 as amended, upon a determination by the Secretary that an emergency or failure of revenues exist, that the district or carrier is unable to provide funds for the remaining portion of the project cost. Or obtain such funds from the municipalities or counties from the region in which it operates, or that execution of the project is essential for the maintenance of a sound mass transportation system provided that the total amount of grants made pursusant to this sub-section nine, in exessive limitations of sub-section 6,7 and 8 shall not exceed 10% of the grants made in any fiscal year."
"Gentleman from cook, Representative.... or Gentleman from Union, Representative Choate."
"Well, Mr. Speaker, I think that everyone knows the content of the amendment. I think that everyone knows the intent and full import of the amendment, so therefore, I would urge that we adopted amendment number two to House Bill 4558." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 210.
"Gentleman from Christian, Representative Tipsword."
"Would the gentleman yield for a question, please?"
"He indicates he will."
"Representative Choate, do I understand this bill corectly, that this does not strike any part of the bill as we originally knew it....as it was originally presented on the floor of the House, but merely adds an amendatory language thereto, is that correct? Does it strike the entire bill? I don't know, I want to know."
"It deletes, on page four by deleting lines 12 through 23 and inserting in lieu thereof the following."
"I don't have the bill, I don't know what it deletes."
"Rolly, I'm going to say this to you, I thought it struck the whole bill. I'm going to have to look at it myself now to see the portions that is left in it, and if you will come down here with me we'll go through it."
"Well, I've got another question I'd like to know first of all. now do I understand that the provision that are amended into it, make no requiement that 10% of the monies be alloted to the downstate districts, but only gives permision that up to 10% ah...can be given to them?"
"In the original amendment we drafted, there was a set aside of twnety millions of dollars which would be an absolute ah...requirement that ah... the money be set aside. Now the way I understand the amendment at the present time, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 211. that yes, there is a requirement that twenty millions of dollars which is ten percent of the original 200 thousand, is to be used explicitly for downstate mass transit districts however, it will not be just completely set aside, it will be in the full fund, in other words, the bureau of the budget told me that they didn't want the set aside thing, but it is a mandatory thing, as I understand it, as twenty million dollars be availalbe for downstate districts."
"Well, I was looking here at the press statement that was put out, and ah...requirement is marked out and set aside 10% is marked out and it is written in in red that the Secretary would be empowered to award up to 10% of availalbe mass transit money in any area in these un- matched grants to these ah...seventeen districts that are set forth." Clyde L. Choate, "Well, as I said, it is my understanding on the one's who drafted the amendment, and the burea of the Budget that they would....there would be a mandatory ah...power as far as the Secretary is concened to keep these twenty million dollars available for downstate districts. If that isn't so you can bet that I'm going to try to put an amendent on in the senate to try to correct it."
"That's what I wanted to be sure about, then what about that other thing I wanted to know...this is the same bill is it now, that several of us tried to help in getting the CTA the Authority for self mass...ah...self- match funds. Well, all municipalities, yes, but we know what this is aimed for its really aimed for the CTA, be cause GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 212. everything over and above, that ten percent is apparently going to go somewhere, and 10% covers only the rest of the districts in the state. Ah...I presume that this is the same bill therefore, with the same soft match, yet left for CTA that we tried to helpat the time we were trying to be helpful and before we were shot down by Chicago and the Tax freeze."
"Ah...rolly, I found out that ah... there is portior of what your talking about left in this bill. And I was advised by the Legal Young Man on my left here, that for what we're attempting to do, to be legally done, those portions of the bill did have to be left in. And to be quite frank with you it is a soft match for municipalities in the state, and I tell you this, I was completely unaware of it, however, I'll also tell you that I was going to vote for the soft match thing that is still on the calendar as far as Senate bills are concerned."
"Well, as you recall, I was too until ah. tax freeze came along, in fact I tried to get us some help. but we couldn't get any reciporcal help. Thank you."
"Gentleman from cook, Representative. Schlickman."
"Mr. Speaker, will the sponsor yield for a question?"
"He indicates he will."
"Representative as I see the amendment, and I have it out of context not having a copy of the bill here, but as I see the amendment, what we're doing here bill is opening up the NEWAL PSIEMial benefits to Mass transpor- potential. ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 213. tation systems owned by municipalities and to public districts, and by district I assume we're referring to Mass Transit Districts, is that correct?"
"I didn't hear the last part of your question, somebody was talking to me."
"Well, as I understand it, by this amendment, and that's all that I have before me, I don't have the bill itself, so I can't evaluate this amendment within a context, but as I understand it from reading this and from the discussion that has taken place on the floor, what you propose to do here is to provide for a no match....."
"I've said that repeatedly, that the bill does simply two things......"
"For mass transportation systems owned by Is that municipalities, and to mass transit districts. correct?"
"That's what it says in the amendment."
"And then you have an increase from 5 to 10%....."
"Exactly right, your reading it correctly."
"Thank you...that's the maximum that can be provided from this fund for the transportation systems owned by municipalities, and mass transit districts...."
"That's absolutely right, until we, as I said by trial and error, find out whether they need more or not. And if they need more, its only six months untilthe next session. You can't in this short period of time go to all of the mass transit districts down state, Lake county mass GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 214. transit district, Decatur, Champaign, or wherever it might be and say how much money do you need to really get your show on the road. We doubled the amount that was available hoping that it would suffice."
"Well, Mr. Choate, within metropolitan Chicago area we have a very fragmented transportation system, in fact, I think by using the word system, I'd be lieing of the actual situation. But we do have a system up there, an unfragmented sytem that has two vital components; public transportation and private transportation. Now what are we doing for the private transportation element?"
"Well, the way I understand it, and I don't know the exact dollar amount, the private transportation systems in the area of which you are speaking was pretty doggone well taken care of under the last act. The only one that was not taken care of are these districts and these municipally owned areas downstate where they could not physically come up with the hard match, and that's what I intend and the other that brought about this amendment intends to try to help. The one's that your talking about Representative Schlickman, if you'll check the amount they received, were pretty doggone well taken care of....."
"A vital part of the transportation system unfragmented or fragmented transportation in the metropolitan cook...."
"And incidentally, I might not to interrupt you but to tell you one other thing, that they can continue getting GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 215. getting the aid they want as long as they have the soft match which they've been able to do in the past and which they have done. And I know by conversation that's been said to me, not necessarily was always, I would think, advisibly spent when they went out and junked some old cars that was completely serviceable, and bought some new cars. I'm talking about some of the privately owned ones.".
"Representative, a vital part of that fragmented transportation system that wehave and a part that is critical to the suburbanites of cook county and all of metropolitan chicago are the commuter railroads, and where are they being benefited by this proposal or the proposal of last year."
"Well, now that you brought it up.....". Eugene E. Schlickman: Specifically, Mr. Choate, if I may the private railroads, most of which are in desperate financial straight are claiming that the soft match that you would provide to the CTA is going to kill them. In their own words is going to result in systematic distruction. Now how do you respond to that?"
"Well, let me tell you that now that you've brought the names out in the open, I'll tell you that they've benefited pretty doggone good, and I'm going to call on one who is more familiar than that of myself, I'm going to ask Representative Shea to explain to you some of the things that has happened to some of the carriers that your talking about that's privately owned." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Rep. Arthur A. Telcser: "Gentleman from Cook, Representative Shea."
"Well, Mr. Speaker, the ah.. to the best of my knowledge and Gene I may be wrong just a few pennies one way or another. The I.C. Mass Transportation District or whatever its called out there took.... The I.C. Railroad donated six million dollars in used railroad cars to the District. The District then went to the State and got twelve million dollars in soft or in soft match funds. They then went to the Federal Government and picked up another eighteen million dollars or whatever it was something in a ah.. ah.. number like this. And, in turn, have gotten thirty million dollars worth of new cars that they turned around and rented to the I.C. at a reasonable rate. Now ah.., if you can take six million dollars worth of used cars and parlay them into thirty million dollars worth of new ones, I don't think, you got hurt too bad on it. The Burlington is doing the same thing. The Northwestern is working on the 'same type of a System with two Mass Transportation Districts, one going West and one going North. And, I understand that now they are separated from Northwest Industries and that they are a separate rolling stock railroad that they're going to be in a position to do this."
"Gentleman from Peoria, Representative Day."
"Would the Sponsor yield for a question?"
"He indicates he will." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 217.
"Clyde, as I read this, these funds, this ten million dollars, would be dispersed at the sole discretion of one man."
"Twenty million dollars."
"Twenty million dollars would be dispersed at the ah.. sole discretion of one person, namely, the Secretary of the Department of Transportation."
"Representative Day, that's the way the present Act reads that this Legislature in its often misguided wis- dom passed in the last Session."
"So, that....."
"The only thing, Representative Day, that is new about this at all, and let me repeat one more time; is the fact that we're doubling the amount available for these Downstate Districts and that as far as I'm concerned, and I'm going to just bring it out as plain now as I possibly can, it's nothing more than a give-a-way program to the Downstate Areas because they don't have to have any matching funds. They don't have to have a soft match. They don't have to do anything except to make an application to the Secretary of Transportation."
"Well, my point is that under the present Law, they do have to have some matching funds. Isn't that correct?"
"Absolutely."
"The gentleman from Winnebago, Repre- sentative North." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 218.
"Well, Mr. Speaker, Ladies and Gentlemen of the House, one of the things that ah.. disturbed me in this Amendment, it says 'upon determination by the Secretary that emergency or failure revenue exists in these Systems'. Now, based upon task performance of building roads, I don't think, the Secretary has compassion, especially for the Northern Illinois Area. And, I'm quite concerned about what determination he might make about the Rockford Transit Authority. As you probably know, we can't within twenty miles of the City of Rockford on a freeway. The only thing we have is the happy opportunity of paying a toll on the tollroad. Now, if the same type of determination, and I quote and unquote in this Amendment, is going to be made in our Rockford Transit System, this brings great concern to me as far as trying to back this Bill. It will be very interesting to find out what these determinations are based upon."
"Is there further discussion? If not, the gentleman from Union, Representative Choate, to close the debate."
"I've got to answer Representative North because again he's under misconception. That portion of the Statute is not being changed at all. In fact, it's making it much more liberal for the Secretary to give you money in the amounts which your people might request because it's striking out the word, 'and' where ah.. ah... they have to ratify an application on two basis and saying 'or'. So, they are only GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES going to have one thing to come up with. And, inasmuch as you asked a question, I'd like for you to listen to the answer."
"Is there further discussion? If not, the gentleman has offered to move the adoption of Amendment No. 2, to House Bill 4558. All in favor of the adoption signify by saying 'aye', opposed 'no', the Amendment is adopted. Are there further Amendments? Third Reading. Senate Bills Third Reading. Senate 1056."
"Senate Bill 1056, a Bill for an Act to amend the 'Metropolitan Civic Center Support Act'. Third Reading of the Bill."
"Gentleman from Sangamon, Representative Jones."
"Mr. Speaker, Ladies and Gentlemen of the House, "Senate Bill 1056 spells the State participation in the 'Civic Center Support Act'. Its passage would permit Springfield to qualify for State Matching Funds with this proposed Convention Hall with Funds that the City already has on hand. It provides for no new taxing powers or levies. And, I would solicit your favorable support. This is sponsored by the Springfield entire Delegation on both sides of the aisle."
"Is there any discussion? The ques- tion is, 'shall Senate Bill..... The gentleman from Winne- bago, Representative Giorgi."
"Ah.. can I ask ah.. Representative Jones a GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES question?" 220.
"He indicates he'll yield."
"Representative Jones, where is the State's share of the money going to come from?"
"From the... the Legislation that your Rockford people passed from the Race Track ah.. Funds that were pro- vided in that Act."
"Thank you. Ah.. I'd like to speak to the Bill just for a minute."
"Proceed, Sir."
"I know the ah.. concern that Springfield has shown, Rockford has shown and Peoria has shown for the Civic Centers. And, I can understand going to the Race Track Taxes for money. But, I resent the Senator from Springfield on the floor of the Senate, when the Lottery Bill came up for passage, talking beautiful platitudes and talking about morality about that he didn't want any part of the gambling dollar. But here, making a grab with both hands and both feet for gambling funds to benefit Springfield. There was also a Senator from Edwardsville who was the last voter and said that he had two Race Tracks in his District, he wanted to do with gambling funds, but he wants to intro- duce a series of Bills to ah... a series of Bills to build little McCormick Places for the entire State of Illinois from Racing Track Taxes. Now, I don't want to call anybody hypocrites or ah.. I don't want to call anybody phonies, but let the record speak for itself." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Rep. Arthur A. Telcser: "Gentleman from Sangamon, Representa- tive Gibbs. Representative Simmons, for what purpose do you arise, Sir?"
"Parliamentary inquiry."
"State your point, Sir."
"Ah.. we amended this Bill today. And, before we can vote on it, I believe on Third Reading, we have to suspend the Rule that requires the Amendments to be on the desk today."
"Oh! You're right. I didn't realize that, Representative Simmons. Ah.. Representative Jones, do you wish to ah.. have leave to have Rule 47a suspended?"
"I guess so."
"Are there any. objections? Hearing none, the provision of Rule 47a will be suspended. The gentleman from Sangamon, Representative Gibbs."
"Well, Mr. Speaker and Ladies and Gentlemen of the House, I.. I.. I agree with esteemed Legislator, Giorgi, one hundred percent in what he says about the Senate. But, of course, this Bill here has nothing to do ah.. with that problem. Ah.. I agree with you. There isn't any ques- tion about that. But, what this Bill does, it permits the Downstate ah.. Communities to build Or.... to build Auditori- ums or provisions such as ah.. so that we can pick up Organi- zations like the Illinois State Bar Association and the Illi- nois Savings and Loan Association that in the past have gone over and down to St. Louis and Missouri. And ah.., they GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 222 in turn, have gotten the Sales Tax, the Hotel Tax, the Liquor Taxes and the Income Taxes that we should have here in Illinois. And, that's why I'm asking for your support today. Now, I've been sitting here since 1971 saying very little and ah.. voting for loans to the Chicago Schools, monies for the Chicago Transit Authority, Tax Moratoriums for Southern Illinois. And, in the words of the esteemed Legislator, Roscoe Cunningham, your time has come. I'm asking for your support today. Thank you."
"Is there further discussion? The gentleman from Peoria, Representative Tuerk."
"Mr. Speaker, will the Sponsor yield for a ques- tion?"
"He indicates he will."
"Dave, how.. how does this Bill now affect the other Civic ah... Center Legislation ah.. or those Cities in which ah.. are wishing to build a Civic Center? Does that have any affect on them?"
"Basically, 1056 improves the manner and firms up the State's participation which was rather loose in the previous Legislation. And, the... As amended, it ah.. it has a particular affect on Springfield only."
"It has affect only on Springfield?"
"No, the Amended part of it, Sir."
"Why is that?"
"Because Springfield has on hand a million dol- lars of funds that can be used for matching purposes that ah.. GENERAL ASSEMBLY STATE OF ILLINOI15 HOUSE OF REPRESENTATIVES 223. can not be used under the present Act without this new Legis- lation."
"Thank you."
"Gentleman from Lake, Representative Murphy."
"Ah.. Mr. Speaker, don't we have a parliamentary inquiry before the House on the Amendment?" Rep: Arthur A. Telcser: "Well, we ah.. Representative Simmons, made a parliamentary inquiry. And then, not realizing that the Bill had been amended, ah.. we went to Representative Jones, who asked leave to have the provisions of Rule 47a suspended. He was granted leave, Sir. Gentleman from Sanga- mon, Representative Londrigan."
"Mr. Speaker and Ladies and Gentlemen of the House, I rise to support this Legislation. Springfield has an opportunity here to become, not only Convention Center one of them for the State but also the Nation. People from around the Country are anxious to come here to visit our Lincoln Shrines. We have something to offer here with a Civic Center that will be unmatched in the Country. Not only that, but it will give our Conventions, our Democratic and Republican Conventions a logical meeting place in Springfield which we do not have now. It will completely revitalize our Downtown Area and make it a better place with Restaurants and Motels to serve the Legislature and the Lobbyists and others who have business in Springfield. All this Amendment does is guarantee that there will be matching funds there. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 224. We built McCormick Place with a hundred percent funds from the Race Track Fund. This is only asks for fifty percent in matching money locally. We have already raised a million... over a million dollars locally and we have prospects for raising the rest. We have Centers in Rockford, Peoria who will join them. This is our opportunity to have our Civic Center. And, I'm asking all of my friends for their support."
"The gentleman from Cook, Representa- tive Downes." J. P. Downės: "Mr. Speaker, Ladies and Gentlemen of the House, I move the previous question."
"The gentleman has moved the previous question. All those in favor signify by saying 'aye', opposed 'no', the previous question has been moved. And, the gentleman from Sangamon, Representative Jones, to close."
"We would all appreciate your affirmative vote."
"The question is, 'shall Senate Bill 1056 pass?'. All those in favor signify by voting 'aye', the ah... the... the opposed by voting 'no'. The gentle- man from Bureau, Representative Barry."
"Mr. Speaker and Ladies and Gentlemen of the House, had I of been recognized to ask a couple of questions, they would have been these. Firstly, how much money is in the fund? And, after Springfield gets its matching fund from the State, should this Bill become Law, how much is left for the rest of the communities and specifically, I think, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 225. of communities like Rockford and Peoria and others that are comparable. The next question that I would have asked is how many communities ah.. have complied with the last ah.. five lines of Page 1 of this Bill, that is, that the voters have already constituted an authority that has been approved by referendum or that the duly constituted Board of Authority has already leveled... levied a tax. In other words, I think, this is special Legislation because, I think, this is the only community that can request and obtain these funds. So, I think, that the other communities of our State, that are comparable in population and that might want to compete for this money, is shut out by passing this Bill or are shut out by passing this Bill."
"Gentleman from Macoupin, Representa- tive Boyle."
"Well, thank you, Mr. Speaker. I intended to ask a few questions before they closed the debate. But, as I un- derstand this money ah.. ah.. is Race Track Funds which ah.. as I understand the situation, would go into an Agricultural Premium Fund. And, I'd ask the people, who are interested in the County Fairs throughout the State, to think seriously about this Bill because the Agricultural Premium Fund, as you know, is what supports the County Fairs. And, if we're going to permit rates on this Fund, ah.. I might suggest that we're going a little bit too far here. And, I urge those, who support ah.. the County Fairs, to vote 'no'."
"The gentleman from Cook, Representa- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES tive Meyer." 226.
"Mr. Speaker, had I been not denied the opportunity to ask a question and I might have pointed out that McCormick Place was financed by Revenue Bonds. And, what sort of Bonds are these? Are they general obligation bonds for the State of Illinois?"
"The gentleman from Sangamon, Repre- sentative Jones, perhaps, could respond to some of the ques- tions."
"Maybe there's some more. Let... Let them and then. I'll respond."
"Gentleman from.... Gentleman from Cook, Representative Katz,"
"And, I would have asked the gentleman how much money it's going to cost ah.. for this entire project."
"Gentleman from Christian, Representa- tive Tipsword."
"I don't have a question, Mr. Speaker. I just ah... I hope in the future to have the opportunity to represent a portion of Sangamon County which this includes. There had been some problem. I understand it is worked out, although the people in that Area of the County have not in- formed me. And, until then, I just wish ah.. to be recorded as 'present' on this Bill."
"Record. Representative Tipsword as voting 'present'. The gentleman from Cook, Representative Bill Walsh.". GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES
227 W. D. Walsh: "Mr. Speaker, on a point of order, I wonder if ah.. we could start all over again. Apparently, this Bill has not been debated sufficiently and there's considerable doubt in a lot of people's minds. I wonder if we could dump the Roll Call and ah.. have the people ask the Sponsor in the normal course?"
"If it's the wish of the House, I.. I see no reason why not."
"Leave...."
"Is that the wish of the Sponsor? The Bill is in his control."
"Let me try to answer the questions on the explana- tion of my vote, if that would be satisfactory. And, if not, we'll take some other procedure."
"Okay... Let's do that... Let's do that, Representative Jones and see where we wind up."
"Ah.. the first question that was asked was the amount of the money that's raised is put aside in this 'Civic Center Support Act' is from the Race Track. It does not affect the County Fairs. It is approximately a million and a half a year. This was sponsored by the Rockford people when they created the 'Civic Center Support Act' for matching funds to local communities. And, that extra half cent of the Race Track Funds is being set aside. And, each year, a million and a half approximately has been raised. The debt retirement, if Springfield would provide this full project, would be approximately 275,000 dollars a year. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 228. And ah.. so, this is ah.. an answer to that... that question. Now, what were the others that anybody has? The debt re- tirement would be approximately 275,000 dollars, if Spring- field processes this entire project as it plans."
"Representative Jones, it's quite obvious that you haven't answered the questions. Do you wish to ah....."
"What's the next question?"
"Well, if you take that procedure, Sir, we may as well revert back to the opening debate..." J. D. Jones: Alright... Let's dump the Roll Call."
"Okay now, we're right back on Senate Bill 1056. Who wishes to be recognized for questions? The gentleman from Cook, Repre.... The gentleman from Bureau, Representative Barry."
"My two questions were: One, how much money is in the fund? And, the other is, what other communities can comply with the last five lines of Page 1 of the Bill to the affect that they had already prepared themselves, the community in question, for this Bill?"
"Alright.. The Fund raises approximately a mil- lion and a half a year which up to now, no one has ah.. put in any claims because nobody is qualified. And so, July 1 is dumped into the General Treasury. The other question is that the Amendment applies to the Springfield's Case. It does not disturb the rest of the Bill or the rest of the Act in that Springfield has on hand a million, hundred and GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 229. fifty thousand dollars which was raised by taxes prior to enactment of this Act today. And, that the... that proposal in the original Act, it says 'the matching funds are for local funds raised by a referendum'. Those funds were not raised by a referendum. And so, they're on hand. And, this will allow us to match those funds."
"I think, I have to repeat the question. Ah.. the second question, that is, what other communities can comply with this Bill? And, I call your special attention to the last five lines on Page 1 that suggests that the communities have already.... the community question is already prepared for this Legislation. I might comment, and I'll quite now, ah.. that apparently, we're talking about a match of a mil- lion dollars for a million dollars on hand and the fund is only a million and a half. So, therefore, most of the fund is taken by this Bill for Springfield."
"No. It's for debt retirement, Mr. Barry, not for the outright grant, twenty years. And, the Amendment further says that this will be over a twenty year period. It's for the debt retirement on a million dollars not... not a million dollar grant."
"Page 2, Line 21 says, 'fifty percent'."
"Fifty-fifty. A million dollars match but on a debt retirement over a twenty year period."
"The gentleman from Cook, Representa- tive Meyer."
"Mr. Speaker, if.... am I mistaken, McCormick GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Place is not funded this way, that there is....."
"No matching funds in the McCormick Place to my knowledge. We passed in this Legislature funds to pay the whole thing."
"No. It wasn't the whole thing."
"Who else?"
"Is there further discussion? The gentleman from Peoria, Representative Day."
"Well, Dave, referring to the last five lines on ah.. Page 1 again, I note that the local funds must be raised in one of two ways, either the voters of the Metropolitan Area constituting the authority must have approved a referen- dum for the issuance of general obligation bonds or there must have been a tax levied by the authority. Now, do I understand it, that if you had a local drive, say to raise some local funds by public subscription or by donations, they would not qualify for matching funds under this Bill?"
"Yes, they would."
"Well, from the ah... from... from the way ah... ah... the last five lines on Page 1 read, it would indicate that one of those two qualifications must be met before you'd be eligible. Doesn't ah... Doesn't say anything about ah. being eligible, if you raise your.. your money than one of those two."
"Well, in the local money, that has been raised, was raised by a tax levy in which the referendum was not exercised." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 231.
"Is there further discussion? The gentleman from Winnebago, Representative North."
"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, ah.. being somewhat conversant with this ah.. Act at the time that it was passed, I think, what ah.. Repre- sentative Jones and his Springfield people are trying to do is two things. One, to take advantage of private donations ah.. as part of the fifty percent matching on the fund that was set up in a prior: Bill. The other is to take advantage of a tax levy that was passed by Referendum on the City of Springfield. However, it was passed prior to the enactment of the.. of this fund from the Race Track. Now, what they're trying to do is to take advantage of that tax rate so they can apply it on the Bill that was passed after their rate was approved by the voters. And ah.., I.. I can see nothing wrong. It doesn't affect the County Fairs. It doesn't affect debt funds whatsoever. It doesn't affect any of the other ah.. potential civic centers authorities through- out the State. The Bill still reads that for those people to participate in this fund for building, they must pass. a referendum in their communities to provide ah.. for the matching that might come up. It's spread over a twenty year period and ah.. it's for the ah.. the main object is to take advantage of this referendum that was ah.. passed prior to the enactment of this Legislation."
"The gentleman from Cook, Representa- tive Hyde." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 232.
"Mr. Speaker and Ladies and Gentlemen of the House, in support of this Bill; I'm informed that Springfield is the only community that voted a tax levy for this purpose. Ah.. I think, that Springfield is unique and is to be distinguis from other communities in that it is the State Capitol. And, Springfield ought to have a modern large ah.. Convention facility. I think, it would make this town a much better town. It would help it economically and it would make it a better place for we, Legislators, really to serve in. If more Conventions were attracted here, ah.. more Industry could come into the State Capitol. Ah.. I think, that it would help ah.. Springfield and ah.. make the State Capitol certainly a more vibrant place. And, anything that would make Springfield a little more exciting place to live in, I'm for it. I hope this Bill passes."
"Gentleman from Madison, Representa- tive Walters."
"Thank you, Mr. Speaker. Dave, I'm confused about the referendum. Wasn't ah.. a referendum held about a year ago by the citizens of Springfield for a Civic Center? And, wasn't that defeated?"
"That was for the Capitol improvements and it certainly was. But, in the meantime, there's a tax levy that has been running for four years raising a million dol- lars ah.. which is on hand. And, under the present Law, can not be matched. So, we're just asking here that the 'Civic Center Support Act' be amended so that we can match GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 233. the funds that we have on hand."
"Well, wouldn't you take by that vote by the citizens of the City of Springfield that they were not in favor of this?"
"Ah.. for the tax levy, they were not in favor of a new tax levy. And, this does not provide for any, Sir."
"Is there further discussion? Gentle- man from.. Well, Members are seeking recognition, Ladies and Gentlemen. And, the hour is getting late, but if they wish to ah.. discuss the issue, we'll have to stay. The gentleman... Representative Giorgi, are you seeking re- cognition?"
"Yes, Sir."
"Gentleman from Winnebago, Representa- tive Giorgi."
"This money was accumulated from a Bill intro- duced by Senator Rosander for the Downstate Exposition Halls. And, this Bill also provided for a half cent take of the Race Track Taxes. And, it provided for communities to avail themselves. of this money once a year and once in twenty years. And, if they didn't avail themselves of the money in this fund, the money would revert to the general fund. All that Springfield is trying to do is to match the money that they have in their Treasury now with some of this money that's going to revert to the General Fund. But, my remarks about the hypocritical Senators still goes." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 234.
"The gentleman from Effingham, Repre- sentative Keller."
"Mr. Speaker, ah.. I'm just wondering, we're... I'm from Downstate in Effingham and we're right in the cross- roads of the State. We're very broad minded people and everything. And, I just wonder ah... if Representative Giorgi has some money in the Lottery Fund. And, I voted for the Lottery Fund ah.. to build a Convention Center in Effingham."
"Gentleman from Macoupin, Representa- tive Boyle."
"Well, Mr. Speaker and Ladies and Gentlemen of the House, since we've had some elucidation on the Bill and since I've now ah.. satisfied myself and found out that the... there is a special tax to cover these funds and the surplus if any, goes into the General Fund and that there won't be money taken away from the County Fairs and out of the Agricultural Premium Fund, I'm very happy that I can now change my vote and vote 'aye'."
"Is there further discussion? The question is, 'shall Senate Bill 1056 pass?'. All those in favor signify by voting 'aye', the opposed by voting 'no'. Have all voted who wished? Take the record. On this ques- tion, there are 128 'Ayes', and no 'Nays' and this Bill hav- ing received the Constitutional majority is hereby declared passed. Record Representative Tipsword as voting 'present' as we did in the prior Roll Call. House Bills Third Reading. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 235. House Bill 4558."
"House Bill 4558, a Bill for an Act to amend 'Civil Administrative Code'. Third Reading ofthe Bill."
"The gentleman from Cook, Representa- tive Shea."
"Roll Call."
"Representative Shea, do you wish.... I think, you ought to first ah.. "
"Mr. Speaker, I ask suspension of Rul 47a. I want a suspension of the Rule requiring the Amendments to be on the desks twenty-four hours. They have been out and they are on the desks."
"Does the gentleman have leave? Hear- ing no objection, the Rule will be suspended."
"Roll Call."
"Roll Call? The question is, 'shall House Bill 4558 pass?'. All those in favor.... The gentle- man from Cook, Represent... The Question is, 'shall House Bill 4558 pass?'. All those in favor will signify by voting 'aye', the opposed by voting 'no': The gentleman from Cook Representative Bill Walsh, to explain his vote."
"Well, Mr. Speaker and Ladies and Gentlemen of the House, quite apart from the unorthodoxy of this procedure, I can't in good conscience vote 'yes' for this... this Bill What we're doing on a piecemeal basis in the closing hours of this Session should be held over until the new Session GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 236. so that we can go in properly to the matter of Mass Trans- portation. As Representative Schlickman pointed out earlier, Suburban Cook County, and indeed, the Metropolitan Chicago Area is a hodgepodge of Transportation Districts some of which may be taken care of, some of which may be not. But, a great many of the transportation services in Suburban Cook County are not a part of any District at all, and therefore, will not get any of these funds. Mr. Speaker and Members of the House, until we can have one single Metro- politan Transit Authority embracing the five or six Counties of Metropolitan Cook County and we can attack this problem ah.. intelligently, I vote 'no'."
"The gentleman from Christian, Repre- sentative Tipsword."
"Mr. Speaker and Ladies and Gentlemen, I re- gret to stand and oppose a Bill which my Leader has amended -a nd brought back on the floor of the House, but I feel that I have to. I wonder how many of you have actually looked at this Amendment that is going on this Bill? And, especial- ly those of you who are from Districts who ah... which em- brace some of these mass transit districts that were described as would be included. in this Bill. If you look at the language of the Bill, the language is so restrictive upon the determination that the Secretary makes that very few of them could possibly qualify for any funds. It is not, as I understand it, required that at least ten percent of the funds be used. It just gives the Secretary the discre- GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 237. tion to use up to ten percent of those funds for the local Downstate Transit System. It's just a possibility and not a mandatory thing. I would hope that, especially those of you who are in Downstate Illinois, can ah.. consider what' this Bill is actually for and what we all know it is for and what it is actually doing to Downstate Illinois before you can vote for this Bill. I would hope that there would be more 'red' lights or at least more abstentions on that Board. Thank you."
"Gentleman from Cook, Representative Schlickman."
"Mr. Speaker and Ladies and Gentlemen of the House, on June 15th, 1972, the Regional Representative of the United State Department of Transportation and the Regional Administrator of the United States Department of Housing and Urban Development wrote to the Governor of this State, wrote to the Mayor of the City of Chicago and wrote to the Governor of the State of Indiana and advised all three of them that come July 1, 1972, the Metropolitan Area of Cook County is in jeopardy of not being recertified for Federal Funds. Now, the lack of recertification is due to inadequacy of comprehensive planning in the Chicago Metro- politan Area. And, a part of the lack involves a compre- hensive transportation system for the Metropolitan Area. Now that at stake, Ladies and Gentlemen, are Federal Grants for Mass Rapid Transit including the C.T.A. Subway Expansion Plans, Sewage Plan Constructions, Sewer and Water System GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Projects and Park and Open Space Land Acquisition. Now, the gentlemen, who are in support of this Bill, are the same gentlemen who refused to sit down and participate in the development of a Mass Transportation System for the Metro- politan Area of Cook County, who refused to sit down and establish priorities for the benefit of all citizens in the Metropolitan Area of the City of Chicago. They don't want priorities. They want to benefit the C.T.A. to the detri- ment of the remainder of the transportation... of the frag- mented transportation system. I vehemently oppose this Bill because it is not for the benefit of all the people of the Metropolitan Area of Chicago."
"Have all voted who wished? The gentle- man from Union, Representative Choate."
"I take a little bit of resentment to your state- ment, Mr. Schlickman. When you say that all of the gentle- men in... in favor of this plan are the ones who refused to sit down with you or whoever it was that you mentioned about reorganizing something because I'm supporting this Plan. I was not asked to sit down and do anything in the manner of which you were speaking. I wouldn't have known how if I had of been asked to, but I wouldn't objected to and I resent your statement."
"Have all voted who wished? Take the record. On this question, there are 100 'Ayes', 42 'Nays' and this Bill having received a Constitutional majority is hereby declared passed. And, Representative Schlickman, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES for what purpose do you arise, Sir?"
"Mr. Speaker and Ladies and Gentlemen, I sincerely rise on a point of personal privilege. Now, earlier in the debate at Second Reading, I tried to make inquiries of the Minority Leader. He cut me off frequently in an attempt on my part to engage in serious dialogue on a very serious matter. Now, when I arose just a few minutes ago, I directed nothing ah.. to that Gentleman. Ah.. if he takes offense, then I... I apologize for it, but nothing was intended there. If he would have listened to my re- marks, they were directed to the people who are behind this Bill. And, I don't suggest you are. But, there are people in the Metropolitan Chicago Area who have refused to sit down and work for the development of a comprehensive plan- ning, work for the development of a systematic transporta- tion system for the benefit of all people in the Chicago Metropolitan Area. And, when I say that, Mr. Choate, I refer to a letter which supports it, a letter from the Re- gional Administrator of the U.S. Department of Transportation and the Regional Administrator of United States Hou... ah.. Department of Housing and Urban Development. And, that's the basis for it."
"Messages from the Senate."
"A Message 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 a Bill of the GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 240. following title: House Bill 3599, together with the follow- ing Amendment. Passed the Senate, as amended, June 27, 1972. Kenneth 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 a Bill of the following title: "House Bill 4102, together with the following Amendments. Passed the Senate, as amended, June 27, 1972. Kenneth 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 a Bill of the following title: House Bill 4392, together with the following Amendments. Passed the Senate, as amended, June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker - I am directed to inform the House of Repre- sentatives that the Senate has concurred with the House of Representatives in the passage of a Bill of the following title: House Bill 4420, together with the following Amend- ments. Passed the Senate, as amended, June 27, 1972. Ken- neth Wright, Secretary. Mr. Speaker - I am directed to in- form the House of Representatives that the Senate has con- curred with the House of Representatives in the passage of a Bill of the following title: House Bill 4422, together with the following Amendments. Passed the Senate, as amended, June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker - I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of House Amendment No. 2 to a Bill of the following title: GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 241. Senate Bill 1508. Action taken by the Senate, June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am dir- ected to inform the House of Representatives that the Senate has adopted the following Conference Committee Report on House Bill 4445. Adopted by the Senate, June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker am directed to inform the House of Representatives that the Senate has adopted the following Conference Committee Report: House Bill 3190. Adopted by the Senate, June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives that the Senate has adopted the following Conference Committee Report: House Bill 4260. Adopted by the Senate, June 27, 1972. Kenneth Wright, Secretary. No further Messages."
"Well now, Resolutions. Agreed Resolu- tions. Oh! Wait! One moment. The gentleman from ah.. Winnebago, Mr. Simms, is recognized with regard...."
"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, I ask unanimous consent that Rule 38 be waived. And it's Senate Bill 1590 be referred to the order of Second Reading without reference to Committee. I've checked with the Leadership on both sides of the aisle and ah.. they have given agreement."
"Is there objection? Hearing none, then the Bill will be placed on the order of Second Reading- Second Day. The gentleman ah.. from ah.. Lawrence, Mr. Cunningham, for what purpose do you arise?" GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 242.
"I filed a motion to discharge Committee on Senate Bill 1462. Request unanimous consent that the motion be heard without appearing on the Calendar."
"Alright.. The gentleman is ah.. asking for consent to ah.. suspend ah.. the provisions of the Rule regarding discharging a Committee ah.. Is there ob- jection? The gentleman from St. Clair, Mr. Krause."
"Ah.. I wonder if the gentleman would yield to a question?"
"Surely."
"I.. I... What happened to ah.. Wait a minute What happened to Simm's."
"Well, Simm's was ah... Leave was given on it."
"No.."
"Well, yeah it was. Well, that was not handled with great dispatch. Ah.. he ask ah.. if there... if consent. could be given and I asked if there was objection. And, there was no objection at all. And, I said that it would be placed on the order of Second Reading - Second Day. And, that's an accomplished thing. The gentleman from Cook, Mr. Lechowicz."
"Point of clarification, Mr. Speaker, I be- lieve, Representative Simms stated that it was cleared on both sides of the aisle. And, this is the bone of conten- tion."
"Time out? Okay. Time out. We've got GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES a huddle. Well, okay. Gentleman from Cook, Mr. Shea."
"Now, as I understand it, 1590 was placed on the order of Second Reading - Second Day. And, at this point, Representative Cunningham is asking for leave to discharge the Committee on House... or on Senate Bill 1462. Is that correct?"
"He's asking to suspend the provisions of the Rules that require that such a motion be placed on the Calendar."
"Object to that, Bud. He's our spokesman on In- surance."
"Alright.. There's been objections from the Spokesman. Alright.. The gentleman from Lawrence, Mr. Cunningham, now care to move ah.. to suspend?"
"Yes, we so move, Mr. Speaker."
"Alright.. The gentleman from Cook, Mr. Shea."
"Well, Mr. Speaker, Ladies and Gentlemen of the House, this is again I say a complicated Insurance Bill. I talked to the Director of the Department of Insurance to- day and he said that it is not essential that this Bill be passed at this time."
"Alright.. The... Alright.. No.. It's 89. Alright.. The gentleman ah.. from Lawrence, ah.. has moved to suspend the Rules ah.. so that ah.. this Bill may be placed... the Committee may be discharged. It requires 89 votes. All those in favor will vote 'aye', and the opposed GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 'no'. The gentleman from Lawrence, Mr. Cunningham."
"Mr. Speaker, I was merely curious as to what happened to all of those Independent votes that we heard about from Chicago a couple of days ago in regard to the freeze on real estate taxes. We ought to abandon block voting and vote your conscience in the matter. And, let's see some more 'green' lights up here. It isn't a question of personal likes or dislikes. This is a question of sup- porting good Legislation. The Bill in question, 1462, would have made it possible to avoid several of the recent failures in the Insurance Companies because it would have required the Director to insist the Shareholders make good when the financial condition of an Insurance Company was impaired. You all have checked the Bill. You know it's worthwhile. This isn't an issue between Shea and Cunningham. It's be- tween you and your own conscience. Vote 'green'. You'll be glad tomorrow that you voted that way. Thank you."
"Gentleman from ah.. Gentleman from Christian, Mr. Tipsword."
"Mr. Speaker and Ladies and Gentlemen of the House, ah.. I will tell you why I'm voting against this and it .... and I regret that I must oppose the... the ah.. proposer of this motion. The reason that I'm voting against it is because this is not just limited ah.. to the ah.. what kind of Insurance Companies this will apply to, but it also applies to the mutual insurance companies. And, you can assess the Shareholders in mutuals. And, as the members GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 245. in mutuals die off, the assessment against those that re- mains grows larger, larger and larger. And, those poor people, who put their money in great faith and trust many years ago, suddenly find that by mandatory order of the Director of Insurance, they're having to pay off claim after claim after claim and having to come up with vast monies that they never ever dreamed they would be obligated for. We just got rid of this practice just a few years ago. And, I... We had some very ah.. difficult personal experience with it with Shareholders in just the little town where I live where two mutuals were located and had existedly un fortunately for many years. Ah.. I would hope that this would not pass unless there were some Amendments to this that would certainly take those people out from under the provisions of this Bill."
"For what purpose does the gentleman from Lawrence, Mr. Cunningham, arise?"
"I wanted to clear up an obvious misunder- standing by Representative Tipsword. This does not, and I underscore, does not in any way increase the liability that presently exists of every Shareholder in Illinois in an Insurance Company. The Code requires that their shares be accessible. This doesn't increase their liability in any way. After you've examined it tomorrow, you'll find that you wronged us in this matter. All it does is to make more safe and secure all Insurance Companies. It's the right move." GENERAL ASSEMBLY STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES Hon. W. Robert Blair: "Yeah.. Alright.. You're only allowed one explanation of vote. The gentleman from Cook, Mr. Fleck."
"Well, Mr. Speaker, I'm having a very difficult time trying to understand the complexity of this Bill in view of the fact that I sponsored House Bill 1151 which was a similar Bill and it passed out of this House. Now, if anyone had any questions, they should have asked them at that time. But yet, they voted on that Bill. And, I think, it was a normal overwhelming vote with maybe about three 'no' votes on that particular measure at that time. And, I see no reason why Representative Cunningham shouldn't at least be given the opportunity to bring his Bill out on the floor for debate. We talk about complex Bill. We just a left foot shuffle on Downstate Transit. And, that was a pretty complex Bill. Now, I think, it would be very proper to just him an opportunity to have his Bill called on Third."
"Have all voted who wished? The Clerk will take the record. On this question, there are 62 'Ayes and 47 'Nays' and the gentleman's motion fails. Ah.. Con- ference Committees ah.. 2416, Roscoe Cunningham, ah.. Mc- Master, Lehman, Calvo, Flinn. 1954, Day, Bluthardt, Moore, Taylor, Krause. 4427, Hyde, Palmer, Lindberg, Kennedy and Krause. 3648, William Cunningham, Rose, Moore, Yourell and Krause. Agreed Resolutions. The gentleman from Cook, Mr. Hyde." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 247.
"House Resolution 766, Colitz, et.al. House Resolution 767, Krause, et.al. 768, Clabaugh, et.al. 769, Clabaugh, et.al. 770, Clabaugh, et.al. 771, Clabaugh, et.al. 772, Pappas, et.al. 773, Blair, et.al. 774, Tuerk, et.al. 776, Jones, et.al. 777, Hoffman, et.al. 778, Brinkmeier, et.al. 779, Otis Collins, et.al."
"Gentleman ah.. from Cook, Mr. Hyde."
"Ah.. Mr. Speaker, Ladies and Gentlemen of the House, the Agreed Resolution 776 ah.. memorializes the death of Nat Flescher, the ah.. Editor of Ring Magazine. 767, is ah.. commends Mr. Ray Garner ah.. and his trained dogs. He's of East St. Louis and his dogs have ah.. ah.. tracked down murderers, found lost children and ah.. flood victims in South Dakota. House Resolution 768 ah.. commends Mr. Thomas Garretson of Urbana upon his recent election as Governor of Illinois Boys State. Ah.. House Resolution 769 commends Rusty Hunt upon his election as Auditor of Public Accounts of Illinois Boys State. House Resolution 770 congratulates Rick Carr on his sparkling career in High School Athletics. House Resolution 771 ah.. is a death Resolution ah.. memorializing the death of our friend and former Colleague, Senator Everett R. Peters. Ah.. House Resolution 772 congratulates Jim Jameson of Moline who is the seventy-fifth Western ah.. Annual ah.. ah.. Western Golf Association Champion. House Resolution 773 commends Mrs. Lucille Ramshaw for her services as a Nurse for the Legislature of the State of Illinois. House Resolution 774 GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 248. is a death Resolution memorializing the death of Richard L. 'Dick' Pendleton of Peoria. House Resolution 776 congratulates Ray and Mary Beth Ballard upon their Silver Wedding Anni- versary. House Resolution 777 congratulates Wesley Johnson for its contributions to education. House Resolution 778 memorializes the passing of Miss Mary Johnson of Freeport, Illinois. House Resolution 779 ah.. commends Levi Nelson for his many years of service to the citizens of Lawndale. I move adoption of the Agreed Resolutions."
"All those in favor say 'aye', opposed 'no'. The gentleman from Cook, Mr. Juckett."
"Well, Mr. Speaker, a few days ago ah.. we passed a Resolution, House Resolution 735, and I've talked with the Leadership on both sides. And, I'd like to have that vote reconsidered and then recommitted to the Executive Committee for a hearing tomorrow along with ah.. five other Resolutions. And, I was wondering if I could have leave of the House......"
"Oh! Well, let's wait a minute. I was on the order of getting the Agreed Resolutions adopted. All those in favor say 'aye', opposed 'no', the 'ayes' have and the Agreed Resolutions are adopted. Now,.... Well now wait a minute. We've got this intervening piece of business. You're going to have to suspend ah.. that Rule that provided ah.. that on reconsideration ah.. of a... of a matter, that was suspended earlier."
"Well, I would so move then, Mr. Speaker." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 249.
"Alright... Is there objection to ah.. The gentleman from Cook, Mr. Maragos.":
"Would the ah.. Move..... Mover of the... the Maker of the Motion explain what that Resolution is about because I don't recall......"
"A copy, yeah.. Well, let me get it straight now. What he's ah... This... This is a Resolu- tion which passed ah.. this House. Now, the gentleman is moving to have the vote by which it passed reconsidered. and having it set in his committee for hearing."
"But, Mr. Speaker, before we can vote whether we should allow him to do it... leave to do that, we would like to know what it's about."
"Right.. I... I just wanted to bring us up to where we were procedurally. And ah.. now, the gentleman ah.. from Cook, Mr. Juckett wants to....."
"Well, Mr. Speaker and Ladies and Gentlemen of the House, this is the Resolution on the Shell Credit Card problem of which I was the Chief Sponsor of the Resolu- tion. And, I introduced it and it was put on the Agreed List. And ah.., I think, it would be ah.. for the better- ment of all people, the Company, the Dealers and the General Public if it were given a hearing so that the ah... informa- tion from both sides would be available to all. And, that's why I've made the request."
"The gentleman from ah.. Cook, Mr. Simmons." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 250.
"Ah... I wonder if the Sponsor could tell me when it passed and if it passed long enough ago so that ah.. a copy has been sent to them?"
"The gentleman from Cook, Mr. Juckett."
"There was no request in the copy of the Resolu- tion, but the Company is aware of it. The Dealers. are. aware of it and the Public is aware of it."
"Alright.. The... Is there objection to the gentleman's request to suspend the Rules so that the vote by which that Resolution passed could be recon- sidered? Hearing no objection, ah.. that Rule.... There is objection? Alright.. Ah.. Mr. Caldwell is objecting and. Mr. Rayson. Well, you're going to have to take a vote if you... You want to take a vote? Alright.. All those in favor of suspending, the Rule will vote 'aye', and the opposed 'no'. The gentleman from Cook, Mr. Kahoun."
"Mr. Speaker, I want to explain my vote. The reason that I'm going to vote 'no' is because we can't get any reports back from that Committee."
"The gentleman from Effingham, Mr. Keller."
"Ah.. Mr. Speaker, I think, we can straighten this whole thing out here. What has happened is ah.. this was put on the Agreed Resolutions and ah.. there was some misinformation posted by the Press. It was poor public re- lations on the part of Shell Oil Company. And ah.., this Bill or ah.. this Resolution went right on through the House GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 251. on the Agreed List. And, I think, he's trying to clarify himself now and put it back in Committee where it belongs."
"Have all voted who wished? The Clerk will take the record. Alright.. Ah.. the vote on this matter is 73 'Ayes', and 1 'Nay' and that's two-thirds of those voting or 89. And ah.. the two-thirds ah.. prevails so the Rule is suspended. Now, what do you want to do?"
"Now, Mr......"
"Now, you've got to move to reconsider."
"Now, I would like to move to reconsider the vote by which the Bill pass... the Resolution passed."
"Alright.. All those in favor say 'aye', opposed 'no', the 'ayes' have it and the... that is accomplished. And now, the Resolution is ah.. back ah.. on the order of the Speaker's Table from which I ship it to the Executive Committee. The gentleman from Cook, Mr. Juckett."
"Well now, Mr. Speaker, I would like to announce to the House that the Executive Committee will meet at 9:00 A.M. tomorrow morning in Room M-5 for the purpose of hearing House Resolution 735, 744, 745, 759, 761 and 758."
"Further Resolutions?"
"House Resolution 775, Katz. House Joint Resolution 148, Henss."
"Messages from the Senate. We've got to read these."
"A Message from the Senate by Mr. Wright, GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES Secretary. 252. Mr. Speaker I am directed to inform the House of Representatives that the Senate concurs with the House of Representatives in the passage of a Bill of the following Title: House Bill 1569, together with the following Amend- ment. Passed the Senate, as amended, June 27, 1972. Ken- neth Wright, Secretary. Mr. Speaker I am directed to in- form the House of Representatives that the Senate has con- curred with the House of Representatives in the passage of a Bill of the following Title: House Bill 2363, together with the following Amendments. Passed the Senate, as amended, June 27, 1972, Kenneth 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 a Bill of the following Title: House Bill 4348, together with the following Amendments. Passed the Senate, as amended, June 27, 1972. Kenneth Wright, Secre- tary. Mr. Speaker I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of the following Joint Resolution: House Joint Resolution 34. Concurred in by the Senate, June 27, 1972. Kenneth Wright, Secretary. Mr. Speaker I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of Bills of the fol- lowing Titles: "House Bills 333, 2460, 4083, 4387, 4621, 4668, 4684. Passed the Senate, June 27, 1972. Kenneth Wright, Secretary. No further Messages."
"Alright.. There is one Resolution which GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 253. the gentleman from Franklin, Mr. Hart, asked me to ah.. take from the Speaker's Table for consideration. And, that's H.J.R. *145 which has been through Committee. The gentleman from Franklin, Mr. Hart."
"Ah.. thank you very much, Mr. Speaker. I'll try to be brief about this. House Joint Resolution *145 would establish a joint sub-committee of the House Judiciary Committee and the Senate Judiciary Committee to study ah.. recent Supreme Court Cases and how they affect the Adoption Law and the Paternity Law in Illinois. The United States Supreme Court has recently declared that an unwed father was denied. equal protection by a State Statute that de- prived him of the custody of his illegitimate children with- out a hearing. The Illinois Supreme Court has declared that the provisions of our Adoption Act and Faternity Act are.. unconstitutional insofar as they conflict with the United States Supreme Court decisions. All this does is just set up a joint sub-committee to study this matter and to report back when we come into Session next January. Illinois Law, in its regard is in a crisis at this point and we need to get some action on it. I would appreciate ah.. the support of this Resolution."
"Alright.. Discussion? All those in favor of the adoption of the Resolution say 'aye', opposed 'nay', the 'ayes' have it and the Resolution is adopted. Are there further Resolutions? The gentleman from Cook, Mr. Hyde." GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF REPRESENTATIVES 254.
"Mr. Speaker, Ladies and Gentlemen of the House, it gives me great pleasure to move that this House stand in adjournment until the hour of 11:00 o'clock tomorrow morning."
"All those in favor say 'aye', the opposed 'no', the 'ayes' have it and we are adjourned until the hour of 11:00 A.M. tomorrow." ADJOURNMENT AT 7:43 O'CLOCK Р.М. June 27, 1972 mes. GENERAL ASSEMBLY STATE OF ILLINOIS HOUSE OF FREPRESENTATIVES