Illinois House Floor Debate — April 22, 1981

"The House will please come to order and the Members will be in their seats. Reverend Hook will lead the chamber in prayer. Reverend Hook."

"Shall we pray? Oh, Lord, we come to You once again this day to thank You for Your gracious hand of love and care upon our lives. We thank You, Lord, that You said within Your Holy Script, that You said, if Your people which are called by Your Name, would humble themselves and pray, then they would hear from Heaven. Lord, let us to speak to You today and hear from Heaven through your gracious love and kindness not only the gifts of the fruits of the Holy Spirit, but, Lord, allow us today to have love and joy and peace and gentleness, meakness, temperance, all these things come with Your Spirit. Lord, let us to be as Elijah of old that followed after the Man of God that sought for a double portion of Your Spirit. Lord, in days and times like these we need a Saviour and we need a friend that we can lean upon and trust in. I ask You to bless the Legislative Session today, give us the leadership and the counsel of Your Spirit because we know that You are the bread of life. You said that we are.. You are the vine and we are the branches. Let us to realize that we must depend upon You so strongly by Your might and by Your power. But Lord, we know that in these times, that You are that rock of ages, that friend that we can trust upon. Lord, give us the leadership now. Bless the Speaker and every part of this Session today. Lord we'll ever thank You and ever praise You for it. In the mighty Name of Jesus Christ, we pray. Amen and amen."

"Thank you, Reverend. Colonel...er.. Representative DiPrima, will lead the Pledge."

"Thank you, Mr. Speaker. I pledge allegiance to the 1  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 flag of the United States of America and to the Republic for which it stands one nation, under God, indivisible, with liberty and justice for all."

"Roll Call for attendance. Representative Vinson, for what purpose do you arise?"

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Before we get deeply into business, I would just like to introduce a Chester East Lincoln Grade School class represented by Representative Bradley, Representative Ropp, who is in the gallery over here and this great class which has come down here."

"Take the record, Mr. Clerk. There being 158 Members present, in answering the Roll, a Quorum of the House is present. Messages from the Senate. Committee reports."

"Representative Huskey, Chairman from the Committee on Motor Vehicles, to which the following Bills were referred, action taken April 21st, 1981. Reported the same back with the following recommendations: 'Do pass' House Bills 669 and 715. 'Do not pass as amended' House Bill 518. 'Do pass as amended Consent Calendar' House Bills 67 and 410. Representative Wikoff, Chairman from the Committee on Cities and Villages to which the following Bills were referred, action taken April 21st, 1981 and reported the same back with the following recommendations: 'Do pass' House Bills 146, 663, 1041. 'Do pass as amended' House Bill 868 and 933. 'Do pass Consent Calendar' House Bills 721 and 1036. Representative Macdonald, Chairman from the Committee on Conservation of Natural Resources to which the following Bills were referred, action taken April: 21st, 1981 and reported the same back with the following recommendations: 'Do pass' House Bill 520. 'Do pass Consent Calendar' House Bill 870. 'Do pass as amended' 2  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Consent Calendar' House Bill 871. Representative Rigney, Chairman from the Committee on Agriculture to which the following Bills were referred, action taken April 21st, 1981 and reported the same back with the following recommendations: 'Do pass' House Bill 628. Representative Catania, Chairman from the Committee on Public Institutions and Social Services to which the following Bills were referred, action taken April 21st, 1981 and reported the same back with the following recommendations: 'Do pass' House Bills 357, 358, 359, 360 and 361. 'Do pass as amended' House Bill 520. 'Do pass as amended Consent Calendar' House Bill 626."

"Change of vote."

"Representative Klemm requests to vote 'aye' on House Bill 83."

"Change of vote. Are there any objections? Hearing no objections, leave is granted.. Reading of the Journal."

"House Journal, 24th Legislative Day, Wednesday, April 1st, 1981, the House met pursuant to adjournment. The Speaker in the Chair. The Reverend by...the prayer by Reverend Hall Fleshner of the Grace Lutheran Church, Springfield, Illinois. Representative Epton led the House in the Pledge of allegiance. By direction of the Speaker the Roll Call was taken to ascertain the attendance of the Membership as follows: 173 'present'. By unanimous consent Representative Carey was excused from absence because of illness and Representative Oblinger was excused because of official business. Correction of the Journal, the Quorum Roll Call of Journal #19 of March 27th and #20 of March 28th, 1981 are corrected to show Representative Ewing...."

"The Gentleman from Cook, Representative Telcser."

"Mr. Speaker, would the Clerk speak a little louder? I 3  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day can't hear him." April 22, 1981

"Would you read a little louder, Mr. Clerk?"

"We were trying to take notes. Mr. Speaker, I move that we dispense with the reading of the Journal and that Journal #24 of April 1st and #25 of April 2nd be approved as read."

"You've heard the Gentleman's Motion. All in favor will signify by saying 'aye, all opposed 'no'. And the 'ayes' have it. On page two of the Calendar under the Order of House Bills, Second Reading, appears House Bill 33. Representative Neff. Is the Gentleman in the chamber? Out of the record. House Bill 43. Representative Stanley. Out of the record. House Bill McAuliffe. Read the Bill."

"House Bill ..."

"Wait just a minute. 57, Representative Representative McAuliffe, It's on Second Reading. House Bill 57. Do you want to move it today? Out of the record. House Bill 97, Representative Bowman. The Gentleman is not in the chamber. Out of the record. House Bill 101, Representative Abramson. Out of the record. House Bill 143, Representative McAuliffe. Read the Bill, Mr. Clerk."

"House Bill 143, a Bill for an Act to amend the Vehicle Code. Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."

"Are there any Motions filed with respect to Amendments 1 or 22"

"No Motions filed." "Further Amendments?"

"Floor Amendment #3, Koehler, amends House Bill..."

"Just a minute, Mr. Clerk. For what purpose does the Gentleman from McClain, Representative Bradley, arise?"

"Mr. Speaker, I wonder if the Gentleman might hold this 4  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Bill for a few minutes? I think that we've found a technical Amendment...or a technical problem with the Bill and if we could talk to him for a few minutes and then if you'd go back to it when...after we resolve it we'd certainly appreciate it."

"He indicates he's willing to do that. Out of the record. House Bill 154, Stearney. Out of the record. House Bill 196, Ropp. Out of the record. House Bill 210, Schuneman. Out of the record. 228, Representative Schuneman. House Bill...Out of the record. House Bill 270, Beatty. Out of the record. House Bill 274, Huskey. Out of the record. House Bill 284, Stiehl. Out of the record. 285. Read the Bill."

"House Bill 285, a Bill for an Act to provide for the Belleville Metropolitan Exposition Auditorium and Office Building Authority in St. Clair County. Second Reading of the Bill. Amendment #1 was adopted in Committee."

"Are there any Motions filed with respect to Amendment #1?"

"No Motions filed."

"Any Amendments from the Floor?"

"No Floor Amendments."

"Third Reading. House Bill...301, Representative Topinka. Out of the record. House Bill 305, Swanstrom. Out of the record. House Bill 325, Hallock. Read the Bill."

"House Bill 325, a Bill for an Act to amend the Local Mass Transit District Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."

"Are there any Motions filed with respect to Amendment #1?"

"No Notions filed." 5  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day

"Amendments from the Floor?"

"None."

"Third Reading. House Bill 342, April 22, 1981 Representative Balanoff. Out of the record. House Bill 366, Greiman. Out of the record. House Bill 393, Catania. Out of the record. House Bill 396, Hallock. Representative Hallock? 396, you want that Bill called? Read the Bill."

"House Bill 396, a Bill for an Act to amend the Unified Code of Corrections and an Act to revise the law in relationship to the Secretary of State, Second Reading of the Bill. Amendment #1 was adopted in Committee."

"Are there any Motions filed with respect to Amendment #1?"

"No Motions filed."

"Amendments from the Floor?"

"None."

"Third Reading. House Bill 438. Read the Bill."

"House Bill 438, a Bill for an Act to amend Acts in relationship to regulation of lending practices, Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."

"Any Motions filed with respect to 1 or 2?"

"None."

"Amendments from the Floor?"

"None."

"Third Reading. House Bill 441, Representative McGrew. Out of the record. House Bill 455, Vinson. Out of the record. House Bill 496, Schneider. Out of the record. House Bill 497, Hoffman. Out of the record. House Bill 525, Peters. Out of the record. House Bill 534, Catania. House Bill 534, Catania. 534, out of the record. House Bill 561, Yourell. Out of the record. House Bill 625, Huff. Out of the record. House Bill 636. Out 6  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 27th Legislative Day of the record. House Bill 672, Schuneman. Out of the record. House Bill 681, Macdonald. Read the Bill."

"House Bill 681, a Bill for an Act to amend the Illinois Finance Act, the Illinois Income Tax Act and creates the Illinois Non-game Wildlife Protection Act, Second Reading of the Bill. No Committee Amendments."

"Any Amendments from the Floor?"

"None."

"Third Reading. On the Calendar on page two, under the Order of House Bills, Second Reading, Short Debate Calendar, appears House Bill 405. Representative Wolf. (J.J.) Out of the record. House Bill 523, Bartulis. Out of the record. House Bill 544, Wolf. Out of the record. House Bill 600, Satterthwaite. House Bill 600, Representative? Do you want it called? Read the Bill."

"House Bill 600, a Bill for an Act to revise the law in relationship to counties, Second Reading of the Bill. No Committee Amendments."

"Are there any Amendments from the Floor?"

"Floor Amendment #1, Representative Satterthwaite, amends House Bill 600 on page four, line ..."

"The Lady from Champaign, Representative Satterthwaite, on House... Amendment #1 to House Bill 600."

"Mr. Speaker and Members of the House, Amendment #1 is purely a technical Amendment recommended by Enrolling and Engrossing. It seems that in a previous piece of legislation three words were omitted unintentionally. And this Amendment simply reinserts them. It has nothing to do with the effect of the Bill other than to put it back in the form in which this Section of the Chapter originally existed."

"Is there any discussion on Amendment #1 to House Bill 600? The Lady has moved the adoption of Amendment #1 7  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 27th Legislative Day to House Bill 600. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Further Amendments?"

"No further Amendments."

"Third Reading..."

"Mr. Speaker..."

"Just a minute..."

"Mr. Speaker..."

"Just a minute. Representative?"

"I've been asked to hold the Bill because the Department on Aging has an Amendment. Just leave it on Second, please."

"I'll be done. Leave the Bill on Second, Mr. Clerk. On page four, under the Order of House Bills, Third Reading, appears House Bill 28. Representative Cullerton. Ready to hear the Bill, Representative? Read the Bill, Mr. Clerk."

"House Bill 28, a Bill for an Act in relationship to possession and use of firearms by convicted fellons, Third Reading of the Bill."

"Representative Cullerton, on House Bill 28."

"Mr. Speaker, Representative Stearney and Kosinski have asked me to bring this Bill back to Second Reading for the purposes of an Amendment. I don't know if Mr. Stearney is on the floor."

"The Gentleman asks leave to have House Bill 28 returned to the Order of Second Reading..."

"If Mr. Stearney is not on the floor we cannot proceed with the Amendments."

"What's your pleasure, Representative?"

"I can't... Is he on the floor? I can't see from here."

"Representative Stearney in the chamber?" 8  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"I'd like to leave it on Third Reading then. Take it out of the record."

"Out of the record. Representative Cullerton, is it your desire to leave that Bill on Third Reading? Alright, leave the Bill on Third Reading. House Bill 38, Representative Donovan. Out of the record. House Bill 45, Terzich. Out of the record. House Bill 64, Matijevich. Out of the record. House Bill 89, Deuster. Out of the record. House Bill 103, Abramson. Out of the record. 104, Representative Abramson? 104, out of the record. House Bill 109, Ronan. Out of the record. 115, House Bill 115, Representative Bikoff. Out of the record. House Bill 116, Representative Vinson. Out of the record. House Bill 138, Wikoff. Out of the record. 139. Out of the record. 140, out of the record. House Bill 145, Representative Terzich. Out of the record. 159, Representative Ronan. Call the Bill. Read the Bill."

"House Bill 159, a Bill for an Act to amend an Act creating the Data Information Systems Commission, Third Reading of the Bill."

"The Gentleman from Cook, Representative Ronan, on House Bill 159."

"Thank you, Mr. Speaker, Members of the House. Representative Stanley has an Amendment to this Bill. Is he on the floor?"

"Is Representative Stanley on the floor? No, he's not."

"Well, he wants an Amendment to put on the Bill. So I'll just wait until he comes on the floor. Thank you."

"Out of the record. House Bill 174, Pierce. Out of the record. House Bill 179, Wikoff. Out of the record. House Bill 189, Collins. Read the Bill."

"House Bill 189, a Bill for an Act to amend the 9  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Environmental Protection Act. Third Reading of the Bill."

"The Gentleman from Cook, Representative Collins, on House Bill 189."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 189 is a Bill that was introduced by myself along with Representatives Giglio and Balanoff from our districts in response to a serious problem that exists in our district, but I'm sure in many districts throughout the state. And this is, the proliferation of sanitary landfills. We, in our district, have within a mile and a half of each other four landfills and an additional four in the districts surrounding us. It is not a Bill that would do anything to cause any difficulty for existing landfills, but would merely limit the number of landfills that can be initiated in areas to say that no new landfills can be introduced within five miles of an existing one. Now, granted the problem is greater in Cook County than it might be in other areas of the state, SO in response to objections that I've been...from downstate, we did amend the Bill to say that it would apply only to Cook County. And I want to stress that to downstate Members. It now applies to only Cook County. We even shortened the distance from ten miles to five miles. I think we have satisfied all objections to this Bill and I would ask for the House to give favorable consideration to House Bill 189."

"Is there any discussion with respect to House Bill 189? The Gentleman from Cook, Representative Lechowicz?"

"Mr. Speaker, will the Sponsor take the Bill out of the record for a moment, please?"

"Indicates he will do that, Representative."

"Thank you."

"House Bill 195, Representative Darrow. Out of the 10  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day record. April 22, 1981 House Bill 203, Representative Hallock. Representative Hallock on the floor? Out of the record. House Bill 223, Representative Pullen. What did that mean? Out of the record. House Bill 229, Representative Huskey. Out of the record. House Bill 237, Ebbesen. Out of the record. House Bill 238, Beatty. Read the Bill."

"House Bill 238, a Bill for an Act to amend the Probate Act, Third Reading of the Bill."

"The Gentleman from Cook, Representative Beatty."

"Mr. Speaker, this is a Bill that's recommended by the Illinois State Bar Association dealing with the way certain things that are now in the law, dealing with partnerships, that the surviving partnership as a result of this Bill will not have to file the partnership inventory nor an appraisal by the surviving partner. It allows the surviving partner to continue possession of the partnership estate, pay debts, settle the business and account to the estate representative. The reason for this being that the jurisdiction of the Probate Court has become more limited in the last few terms through the laws passed here, through the legislation. If, of course, the partner requires more information, he can go into court and obtain it. It's felt that this requirement of filing the inventory should be no longer necessary. In other estates under certain conditions inventories are no longer filed either."

"Is there any discussion with respect to House Bill 238? The question is, 'Shall House Bill 238 pass?' All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 147 voting 'aye', 1 voting 'no' and 5 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 276, Kelly. Out of the 11  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 record. House Bill 289, Representative Stuffle. Out of the record. 295, Representative... Out of the record. House Bill 309, Representative Jaffe. Want the Bill heard, Representative? Run that.. Read the Bill."

"House Bill 309, a Bill for an Act to amend the Illinois Insurance Code, Third Reading of the Bill."

"The Gentleman from Cook, Representative Jaffe, on House Bill 309."

"Yes, Mr. Speaker, this is a simple Bill that came out of Committee 13 to nothing. It was the implementation of a Supreme Court recommendation and what it does is it tolls the period of limitation...."

"Just a minute, Representative. All right. We're on Third Reading here, Ladies and Gentlemen. Would you please be in your seats? Mr. Doorkeeper, take all extra ..extra people that don't belong here off the floor, would you, please?"

"And basically, what it does is it provides that whenever any policy or contract for insurance except life, accident, health, fidelity, insurity (sic, insurability) and OSHA marine policies contain a provision limiting the period within which the insured may bring suit. The running of such period is told from the date of proof of losses filed in whatever form is required by the policy until the date the claim is denied in whole or in part. That was put in as a result...the Amendment was put in as a result of Mr. Cadagin who represents the insurance interests and it passed out of Committee 13 to nothing and I would urge an 'aye' vote on it."

"Any questions? The Gentleman from Whiteside, Representative Schuneman."

"A question of the Sponsor, Mr. Speaker."

"Indicates he'll yield." 12  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day

"Representative, April 22, 1981 this Bill which amends the Insurance Code, I see, did not go to the Insurance Committee, but rather went to Judiciary. Would this Bill allow a longer period during which time lawsuits could be brought against insurance companies? Is that basically what you're doing here? I apologize..." well.

"Well, yes that's right. I think you understand it very Basically, what happens is that an individual has a policy. He makes a claim against his insurance company and the insurance company just sits on the policy...on that proof of loss and doesn't do anything. And that person believes that at that particular point that he is in fact protected by the insurance company. What really turns out is that while he has filed that thing with the proof of loss, the insurance company has not moved on, the statute of limitations runs and therefore, the person is out in making his claim in court. So, basically, this is a consumer protection and as I indicated to you, it went to the Judiciary Committee because it was a Supreme Court recommendation and has been for a number of years and they really think that that might be the law anyway. But they want the Legislature to codify it. I really don't see any problems with it and it passed out of Committee 13 to nothing."

"Did the Insurance Department take a position on the Bill, Representative?"

"They did not take a position on the Bill."

"Okay. Thank you very much."

"Any further discussion? The Gentleman from Cook, Representative Jaffe, to close."

"Mr. Speaker, I merely solicit an 'aye' vote on the Bill."

"The question is, 'Shall House Bill 309 pass? All in favor will signify by voting 'aye', all opposed by 13  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day voting 'no'. April 22, 1981 Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 148 voting 'no', 4 voting 'present'. received a Constitutional Majority, passed. House Bill 319, Leverenz. voting 'aye', 2 And the Bill, having is hereby declared Read the Bill."

"House Bill 319, a Bill for an Act to amend an Act in relationship to Fire Protection Districts, Third Reading of the Bill."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 319 would provide that a municipality where it annexes into a Fire Protection District could not have a tax levy unless they went through with the disannexation of the Fire Protection District. It would prevent the Fire Protection District and the municipality from both levying a tax for the same service. It would really provide a rules of the road, so to speak, so that we did not end up with dual taxation from two different districts and I would ask for your favorable vote."

"Is there any discussion? The Gentleman from Cook, Representative Conti."

"Mr. Speaker and Ladies and Gentlemen of the House, I wonder if he'll yield for a question?"

"Indicates he will."

"Representative, is there any pending litigation on this now? I just don't want to be passing Bills here that might adjudicate some pending litigation."

"NO, Sir. You're talking about, I believe, the Leyden Fire Protection District and I held the Bill specifically until the litigation was solved and now the money has been released with regard to the Leyden Fire Protection District. This would provide however, that that type of situation would not exist again."

"Is there any further discussion on House Bill 319? 14  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day The Gentleman from Cook, Representative close." Leverenz: April 22, 1981 Leverenz, to "Thank you, Mr. Speaker. The Bill, again, would simply provide that a municipality in a Fire Protection District would not levy the same tax for the same service providing dual taxes on the citizenry of the state where they overlap. I'd ask for your favorable vote."

"The question is, 'Shall House Bill 319 pass?' All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 158 voting 'aye', 3 voting 'present' and this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 333, Representative Stiehl. Out of the record. The Gentleman from Cook, Representative Cullerton, for what purpose do you arise?"

"Mr. Speaker, I wonder if we could go back to House Bill 28 which is on Third Reading now that Representative Stearney has made a guest appearance?"

"Read House Bill 28, would you, Mr. Clerk?"

"House Bill 28, a Bill for an Act ...to possession and use of firearms by convicted fellons..."

"The Gentleman from Cook, Representative Cullerton."

"Mr. Speaker, Ladies and Gentlemen of the House, I would ask leave to have this Bill returned to Second Reading for the purposes of two Amendments."

"The Gentleman asks leave to have House Bill 28 returned to the Order of Second Reading. Are there objections? Hearing none, leave is granted. The Bill is now on Second Reading. Mr. Cullerton on... Any Amendments, Mr. Clerk?"

"Floor Amendment #2, Kosinski, amends House Bill 28 15  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 on page three, line ten and so forth."

"The Gentleman from Cook, Representative Kosinski, on Amendment #2 to House Bill 28."

"Amendment #2 is contained in Amendment #4. I wish to table Amendment #2."

"Withdraw. Would you withdraw the Amendment?"

"I withdraw Amendment #2."

"The Representative withdraws Amendment #2. Further Amendments?"

"Floor Amendment #3, Stearney, amends House Bill 28 on page nine and so forth."

"The Gentleman from Cook, Representative Stearney, on Amendment #3 to House Bill 28."

"Well, Mr. Speaker and Ladies and Gentlemen of the House, Amendment #3 would do the following to Section 24, that is The Unlawful Use of Weapons, Section of the Criminal Code. It would provide that an individual who has been convicted of a felony would be allowed....would not be allowed to possess or obtain a firearm's owner's identification card, which would allow him to purchase or possess a handgun at all. As it is under the present existing law, after five years from the date of conviction or five years from the release of the penitentiary he would be allowed to obtain a firearm owner's identification card in which he could have any type of firearm. This here Amendment would restrict it to provide that he could never possess or obtain a handgun unless he gets a special dispensation from the Director of Law Enforcement in the Federal Government and also a dispensation from the Director of Law Enforcement in the State of Illinois. If there are any questions I'd be glad to answer them."

"Is there any further debate on Amendment #3? The Gentleman moves the adoption of Amendment #3 to House Bill 16  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 28. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments?"

"Floor Amendment #4, Kosinski, amends House Bill 28 on page three and so forth."

"The Gentleman from Cook, Representative Kosinski, on Amendment #4 to House Bill 28."

"Amendment #4 confines the action of this Bill to forcible felonies. The people we're worried about are the people who cry...commit crimes against people, not 18 year old offenders who stole $150 somewhere in life and then later want to buy a gun. This confines it to forcible fellons and I move for its adoption."

"Is there any discussion on Amendment #4? The Gentleman from Cook, Representative Stearney."

"Would the Gentleman yield?"

"Indicates he will."

"As on page one of the Amendment, lines eight through eleven, what would that do, Mr. Kosinski?"

"What are the numbers of the lines?"

"Eight...Number.. Lines eight through eleven on page one."

"Are you looking at #4?"

"Yes, Amendment #4. Doesn't this Amendment...?"

"That provides that it only applies to forcible fellons."

"Well, what about the other language? 'Who would at any time violate'..."

"All of it is directed towards forcible felony, Mr. Stearney."

"Well, what I'm trying to do is find out what the intent of this Amendment is. Doesn't it also say that if a subsequent violation or a person convicted under forcible 17  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 felony, who violates any Subsection of this Act commits a Class 3 felony? What is the purpose of that?"

"Would you repeat that question?"

"Well, doesn't the Act read on lines eight through eleven, 'A person convicted of a forcible felony under laws of this or any other jurisdiction who, at any time, violates any Subsection of this Section commits a Class 3 felony'?"

"And your question is whether it's a Class 3 felony?"

"No. What is the purpose of this? What Subsection...?"

"...Well, that's the limiting factor of this, to limit it to forcible felonies, Ron. If you have a specific question, staff is standing next to me here. He'll come over there."

"Well, what Subsection are you referring to? Is that Section 24?"

"Twenty-four-1A."

"Okay. In other words, you're trying to say anyone who's convicted of Section 24, who has in the past been convicted of a forcible felony would now be charged with a Class 3 felony for possession of a gun."

"That's correct."

"Okay. I didn't know that was your intent originally by the Amendment here. I knew you wanted to restrict it to forcible felonies, but you've expanded on it, Mr. Kosinski. Okay, I'll talk to you about it later."

"Thank you. I move for its adoption."

"Any further discussion? The Gentleman from Lake, Representative Deuster."

"Well, Mr. Speaker, unfortunately it's quite noisy and this is a very serious..."

"Just a minute, Representative. All right..." 18  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 27th Legislative Day

"...Very, very serious subject we're dealing with ...."

"...Bring the House to order, if you would please."

"And as I understand the Bill in its present posture, Representative Kosinski, before your Amendment, this is a Bill that would provide that if a person is convicted of any kind of a felony that he can never again ever get a firearm owner's identification card unless he gets approval from the Director of Law Enforcement."

"That is correct and what I'm attempting to do is limit it to those felonies which are forcible felonies. I repeat what I said earlier. The people we, in the General Assembly, are concerned about are the people who commit crimes against people. We're not concerned with a man, say, who works for a grain elevator and steals $151 when he's 19 and then at 55 wants to protect his home. That is not our concern. Our concern is the threat to our society, the forcible felony... fellon and I'm limiting it to that."

"Of course, the subject of gun control is a very hot one and we've debated for many, many years and I want to ask you this question, perhaps it pertains to the Bill as well as your Amendment. Is there any problem of Constitutionally denying a citizen's right to bear arms if you..if we have legislation that says that they can never..."

"There might very well be in terms of you and me and the rest of us who have clean records. But in a situation where a felony is once...a forcible felony is once on record, I think we're within the confines."

"Now, with the Bill or your Amendment are there any standards or criteria for ..any standards or criteria...Suppose a citizen is convicted of a felony, he then applies for...the forcible felony with your Amendment, he then applies for a firearm owner's identification card. 19  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Is there anything set forth in the legislation as to what he must prove? Can the Director capriciously deny it, you know?"

"The original Bill stated that he must apply also to the federal authorities of the Department of Law Enforcement for special permission for such ownership."

"But no criteria particularly. Well, fine. I think your Amendment is a good one and I support it and I appreciate your answers."

"Thank you very much. I move..."

"Is there any further discussion? Representative Kosinski to close on Amendment #4."

"Forcible felonies are my concern and I suggest we adopt this Amendment."

"The Gentleman moves the adoption of Amendment #4 to House Bill 28. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments?"

"No further Amendments."

"Third Reading. House Bill 334, Representative Tate. Out of the record. House Bill 354, Representative Sandquist. Out of the record. House Bill 368, Representative Robbins. Read the Bill."

"House Bill 368, a Bill for an ..."

"Just a minute, Mr. Clerk. The Gentleman from Kankakee, Representative McBroom, for what purpose do you seek recognition?"

"Yes, Mr. Speaker. Thank you very much. Mr. Speaker, Members of the House, I would like to introduce the Momence Chamber of Commerce which is behind me in the gallery. Momence is in Representative Christensen's, the Speaker's District and my district. Will you arise and be recognized? Thank you." 20  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981.

"House Bill 368, Representative Robbins."

"House Bill 368, a Bill for an Act to amend the Nursing Home Care Reform Act, Third Reading of the Bill."

"The Gentleman from Wayne, Representative Robbins."

"House Bill 368 is an Act to help on the Nursing Home Reform Care Act to allow members of a family to sign the contract without having to go through court to get a guardianship or a power of attorney. This Bill is supported by the Illinois Health Care Association, the Illinois Association of Homes for the Aging, the Illinois Hospital Association, the Department of Public Health, the Department of Public Aid and the Guardianship of Advocacy Commission. This Bill should make most of the nursing home administrators and most of the families that have people in the nursing home in your district a little more content to get along with the Act."

"Is there any discussion? The question is, 'Shall House Bill 368 pass?' All those in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? sh? Take the record, Mr. Clerk. On this issue there are 162 voting 'aye' and this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 370, Flinn. Out of the record. House Bil1 378, Lechowicz. Out of the record. 379, out of the record. 380, out of the record. 385, Representative Schraeder. Out of the record. House Bill1 386, Representative Davis. Read the Bill, Mr. Clerk."

"House Bill 386, a Bill for an Act to amend the Illinois Insurance Code, Third Reading of the Bill."

"The Gentleman from Will, Representative Davis, on House Bill 386."

"Mr. Speaker, thank you very much. I'm not sure the Clerk read the title of the Bill correctly. The Bill amends the 21  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Veterinary Practices Act, regulatory. It's not a Department of Insurance Bill. I don't want to mislead anybody to start. Mr. Clerk?"

"Well, that's the way it's indicated on the Calendar also, amends the Illinois Insurance Code."

"The Calendar is in error. The Bill itself is a Bill for an Act to amend the Veterinary Medicine and Surgical Practice Act, Third Reading of the Bill."

"Thank you, Mr. Clerk. Ladies and Gentlemen of the House and Mr. Speaker, it's a very simple Bill that was requested by the Department of Registration and Regulation and by the veterinarian practitioners themselves to help police their own agency and to give the benefit of the Department of Registration some help in licensing and restriction easements for the universities. It's supported by the Department of Registration Education and a number of other groups. I don't think there's any opposition to it. It's a very simple Bill. I'll be glad to answer your questions."

"Is there any discussion on House Bill 386? The question is, 'Shall House Bill 386 pass?' All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 150 voting 'aye' and none voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 394, Representative Flinn. Out of the record. House Bill 412, Representative Grossi. Out of the record. House Bill 415, out of the record. House Bill 419, Lechowicz. Out of the record. House Bill 435, Frederick, Representative Virginia Frederick. Read the Bill."

"House Bill 435, a Bill for an Act to amend the Inheritance and Transfer Tax Law, Third Reading of the 22  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day Bill." April 22, 1981

"The Lady from Lake, Representative Frederick."

"Mr. Speaker, I would like to take this Bill out of the record."

"Out of the record. House Bill 449, Representative Telcser. Out of the record. House Bill 462, Barnes. Out of the record. House Bill 498, Mulcahey. Read the Bill."

"House Bill 498, a Bill for an Act to amend the School Code, Third Reading of the Bill."

"The Gentleman from Winnebago, Representative Mulcahey, on House Bill 498."

"Okay, thank you, Mr. Speaker and Members of the House. House Bill 498 is a Bill that was recommended..a change recommended by the Illinois Office of Education which simply allows a School District to make application to the State Superintendent of Education for an exemption from the general state aid penalty if they fail to meet the minimum school term when that failure is caused by conditions which is beyond the control of the School District and one that poses a hazardous threat to the safety of the students. Now, we do have five days a year whereby students..or the schools have emergency days and we also have the Act of God provision. This simply will say if indeed those five school days, the emergency days, have been used up and a condition does arise that creates a situation whereby the students...the conditions of the students becomes hazardous, then they can be excused after a one hour period, apply for reimbursement of State Aid to the Regional Superintendent and to the State Superintendent. If it's okayed, of course, then they are not penalized their State Aid. And I would move for the adoption of ..the passage of House Bill 498."

"Is there any discussion on House Bill 498? The 23  STATE OF ILLINOIS 82ND GENERAL ASSENBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 question is, 'Shall House Bill 498 pass?' All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 143 voting 'aye', 9 voting 'no' and 6 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 500, Representative Hallstrom. Read the Bill."

"House Bill 500, a Bill for an Act to amend the School Code, Third Reading of the Bill."

"The Lady from Cook, Representative Hallstrom, on House Bill 500."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 500 passed this House almost unanimously last Session, but was caught in the Senate Rules Committee. The Bill simply allows that all children who are in hospital or homebound for more than two weeks are eligible for help from the local district. The Bill.. The Statute now says physically handicapped children, but we have to comply with the legislation, federal legislation, for all handicapped children SO that this Bill would now allow for every handicapped child who has this particular circumstance, whether he's physically handicapped or mentally handicapped. He has to be home or in a hospital for over two weeks. Then he is allowed instruction paid through the District of the Superintendent."

"Is there any discussion? The Gentleman from Rock Island, Representative Darrow."

"Thank you, Mr. Speaker. Will the Sponsor yield? Does this legislation mean that a student who is now permitted to go to school may now stay home and be taught at home?"

"Thank you for asking that, Representative Darrow. 24  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 No, it does not. You will notice in the legislation that it says that the children, the handicapped youngsters, must go through the regular evaluation system. We're concerned about that also and did not want School Districts to use this as an excuse to take care of youngsters at home instead of where they rightfully should be, in the schools."

"Thank you."

"Thank you."

"The Gentleman from Hardin, Representative Winchester."

"Would the Sponsor yield?"

"Indicates she will."

"Representative Hallstrom, is there any Fiscal impact on the General Revenue Fund with this legislation?"

"Representative Winchester, they estimated the cost, this is the State Board of Education Bill, at $250,000 but it will not come into effect this year as the special education programs are paid for a year and a half afterwards. Thank you."

"Is there any further discussion? The Lady from Cook, Representative Hallstrom, to close."

"Thank you, Ladies and Gentlemen. I would just ask for your support please of House Bill 500."

"The question is, 'Shall House Bill 500 pass?' All in favor will signify by voting 'yes', all opposed by voting 'no'. Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 160 voting 'aye' and none voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 501, Representative Hallstrom? Read the Bill."

"House Bill 501, a Bill for an Act to amend the School Code, Third Reading of the Bill." 25  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"The Lady from Cook, Representative Hallstrom."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. May I have leave please to return this from Third to Second Reading for the purposes of tabling my 1st Amendment and adding another Amendment?"

"The Lady asks leave to bring House Bill 501 back to the Order of Second Reading. Are there any objections? Hearing none, leave is granted. House Bill 501 is now on Second Reading."

"Thank you, Mr. Speaker. We..I put an Amendment..."

"Would you like to table Amendment #1? Is that it, Representative?"

"Yes, please."

"All right. The Lady asks leave to table Amendment #1. The Gentleman from DuPage, Representative Schneider."

"Would the Sponsor mind explaining the reason for tabling Amendment #1?"

"I'd be glad to explain. Thank you, Representative Schneider. What we're really trying to do is make it an easier...to do this in an easier, less costly way to include that the Regional Superintendent does get a copy of the plans, the comprehensive plans, that are being sent to the State Board of Education by the local joint agreements. Now, what we're saying now is the copy of the comprehensive plans or modifications thereto shall be forwarded by the Regional Superintendent to the State Board of Education. The original shall be retained by the Regional Superintendent and shall be available for public inspection during regular business hours. The original...the original Amendment indicated that copies of comprehensive plans or modifications thereto shall be forwarded by the Regional Superintendent. Regional Superintendents who provide special education services shall submit comprehensive plans 26  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 or modifications thereto directly to the State Board of Education. My understanding is that the State Board of Education is only saying that the local School District will send to the Regional Superintendent and from there on it's the Regional Superintendent's responsibility to send that on to the State."

"That won't involve any approval. It's just a matter of making it available to the public, is that right? The ESR's are not going to approve..."

"No, Sir."

"Okay. Thank you."

"Thank you."

"Leave to table Amendment #1 to House Bill 501? Are there any objections? Hearing none, the Amendment is tabled. Further Amendments?"

"Floor Amendment #2, Hallstrom, amends House Bill 501 on page three, line..."

"The Lady from Cook, Representative Hallstrom, on Amendment #2."

"Thank you, Mr. Speaker. I think I just really explained the whole thing as a result of Representative Schneider's answer...er..question of me. And all we're doing is making it easier for the local School District. They will send to the Regional Superintendent and then it will be the responsibility of the Regional Superintendent to send on to the State Board of Education the plans that have been submitted to them by the local districts. And to reemphasize in answer to Representative Schneider's question, this is not in any way to say that the Regional Superintendents are going to approve these plans. They just want to be aware of what's going on in relationship to special ed within their own district."

"Is there any discussion on Amendment #2? The 27  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Motion is the adoption of Amendment #2 to House Bill 501. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it. And the Amendment's adopted. Further Amendments?"

"No further Amendments."

"Third Reading. House Bill 512, Greiman. Out of the record on 512? House Bill 514, read the Bill."

"House Bill 514, a Bill for an Act to amend the Illinois Marriage and Dissolution of Marriage Act, Third Reading of the Bill."

"The Gentleman from Cook, Representative Greiman."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 514 is a Bill that comes from the long study of the Bar Association's on the impact of the 1977 Divorce Act and it makes some changes and some clarifications with respect to that Act. It also is essentially a Bill that passed out of this House by a wide margin in the last term only to end in the Senate. Firstly, it provides that nonmarital property transferred into joint tenancy is presumed to be marital property since we can't really trace it. Secondly, it provides that the inchoate lien which is impressed on marital property is only effective during the time that the divorce is filed so that people can freely transfer their property except during the actual proceedings. Thirdly, it allows people to enter into stipulations within the first two years after a hearing dealing with child custody. And finally it deals..it makes...It returns to the traditional language of child custody cases in determining that the best interests of the child shall be the real and only consideration of a court in determining custody. It is ..It has gone through all of the Committees of the Bar. It's gone through the Domestic Relations Subcommittee in the last Session and 28  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 this year's Judiciary Committee and I would ask for a favorable Roll Call."

"Is there any discussion on House Bill 514? The Gentleman from Cook, Representative Beatty."

"Will the Sponsor yield?"

"Indicates he will."

"Mr. Sponsor, if one of the marriage partners has a piece of property that they owned before they were married in their own name, then this would not become joint tenancy automatically, would it?"

"Right. It would not become joint tenancy. Right."

"Thank you."

"Further discussion? The Gentleman from Rock Island, Representative Darrow."

"Will the Sponsor yield?"

"Indicates he will."

"If an individual owns a residence prior to his marriage, then becomes married and the spouse begins making house payments, although the house is not in joint tenancy, will the person making the payments have any interest in that it will become marital property?"

"Well, let me say that this Bill doesn't relate to that issue. My guess as a lawyer is that it probably would. Under the.. There would have to be an equitable division among the parties. This Bill doesn't in fact relate to that problem."

"It's my understanding that under current law if it's not...if the person owns a residence or say he owns a savings account, once he becomes married and either allows his wife or his spouse to deposit money in the savings account or makes house payments that then becomes marital property as opposed to nonmarital property."

"Well, that's what the law presently is..." 29  27th Legislative Day

"Right.." STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981

"This doesn't change that."

"This would not affect it inasmuch as the house not being in joint tenancy..would not be nonmarital property?"

"Well, this deals with the situation where in fact makes a conveyance which is a very singular act of intention, certainly to convey some interest to the spouse. So that the question that you raise is one that the cases have approached, but not one that this Bill touches upon."

"Okay. Thank you."

"Is there any further discussion? The Gentleman from Lake, Representative Barkhausen."

"Will the Sponsor yield?"

"Indicates he will."

"Representative Greiman, I wonder if you can ask me...I think it's important to establish for the legislative record what the..what your intent is here. And are you satisfied that the language of your Bill would result in a corporate...a court interpretation similar to that in 'Emil vs. United States', a District Court decision in Colorado..."

"..In Colorado.."

"Yes, which treated a division of property at the time of dissolution as a division rather than a taxable transfer for capital gains purposes."

"It's...This is an effort to allow Illinois litigants to have the same kind of benefits that the Colorado taxpayers had on that case. And it is precisely with that in mind. Yes."

"Thank you. It's a good concept. I wholeheartedly support your Bill."

"Is there any further discussion? The Gentleman from Madison, Representative Wolf (Sam)." 30  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Wolf, Sam: "Thank you, Mr. Speaker. Would the Sponsor yield?"

"Indicates he will." Wolf, Sam: "Yes. Representative Greiman, a question from a layman. In effect, does this do away with the dollar interests as we presently know it?"

"I beg your pardon?" Wolf, Sam: "I say, in effect, does this do away with the dollar interests as we presently know it?"

"No. This doesn't really affect that at all. In fact, we have done away with dollar already... four..er..six years ago, I think, so that this doesn't affect that, Sam." Wolf, Sam: "Well, in effect, the dollar was, as you say done away with, but isn't it true that most attorneys will still require the signature of the spouse in any real estate transaction?"

"Well, that's because firstly there is still the homestead right which has not been done away with so that's one reason why it's a residence. And, thirdly..secondly because lawyers are just slow to change and often don't even follow the law unfortunately." Wolf, Sam: "Thank you very much."

"The Lady from Cook, Representative Currie."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I support many parts of this good Bill, but there is one that I'm very uncomfortable with and that is the change in the custodial relationship between the children and...between child and parents in a dissolved marriage such that the relevant standard for changing custody would be not the present standard under the present Statute, but the best interests of the child. It sounds like a good proposal. It sounds as if we should all be in favor of deciding custody on the basis of the best interests of the child, but in a situation of a dissolved marriage once the 31  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 custodial decision has been made, this proposal to change the standard from one in which there is physical or mental or emotional harm to the child involved in staying where that child is, or of course, in a situation in which both divorced parents agree to a change, the change to this particular language I'm afraid opens the door to a floodgate of litigation which is not going to be in the best interests of the child. I would suggest that this particular provision is one that may well be in the best interests of the divorce lawyers, but I don't think it is at all in the best interests of the children who are the apparent concern of the language. So, I will have to oppose this Bill, not because the other Sections of it I think are not fine Sections, but that I'm concerned that with this proposed change in language we in fact are not going to serve the best interests of the children of divorced parents in the State of Illinois fighting over custody questions, dragging those children into court, requiring a new judicial disposition every time a lawyer suggests to either the Father or the Mother, 'Maybe you've got grounds for a change,', bringing up questions about the character and the morals of each of those parents anytime a parent choses to make some kind of quarrel about custody. And I think that what we would do with this language is actually prepare the children for what would be in their very worst interests, not their best. And for that reason, I will have to oppose the Bill."

"Is there any further discussion? The Gentleman from Cook, Representative Greiman, to close."

"Thank you, Mr. Speaker. The Bill has had a number of questions and I think I've responded to them. With respect to the last speaker, we have used the phrase in Illinois courts, 'the best interests of the child', for 150 years or 32  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 So. In 1977 the Legislature adopted a new Act and imposed in Section 610 a rather impossible standard. Now, as a parent, one ought not to necessarily have to wait until the child is off the wall, until it's mental, physical, moral or emotional health is being destroyed. There are points before that where ..where they ..a parent would want to intervene and have a right to intervene and should have a right if he or she is a concerned parent. I don't believe that there would be any increase in litigation, but that the standard of that litigation since this is always costly both emotionally and costly in an economic sense, I don't believe there would be any more cases. But I think that the courts would be able to handle them in an intelligent way and not wait until there's a crisis in a child...in the raising of a child. I therefore ask you to vote affirmatively for this."

"The question is, 'Shall House Bill 514 pass?' All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 114 voting 'yes', 27 voting 'no', and 16 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Would Representatives Murphy, Hastert and Deuchler, escort the guests to the podium please? Could we have your attention please? And the Members please be in their seats, put their eyes back in their sockets. Mr. Clerk, would you read House Resolution 215, please?"

"House Resolution 215: Whereas, the 1981 Miss Illinois U.S.A. Pageant was held at Hemmens Auditorium in Elgin, Illinois, on March 3-7, 1981; and whereas, Leslie K. Renfrow, a petite brunette from Chicago, was chosen from 104 contestants to reign as Miss Illinois-USA 1981; and 33  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 whereas, Leslie K. Renfrow was a resident of Springfield, Illinois, until she completed the fourth grade at Laketown Elementary School and moved with her parents, Leo and Harriett Renfrow, to Naperville, Illinois, where she graduated from Naperville High School; and whereas, Leslie K. Renfrow attended the University of Illinois at Chicago Circle Campus, and has distinguished herself as a professional model; and whereas, Leslie K. Renfrow was the First Runner-Up, Miss Photogenic and Best-in-Evening Gown competition in the 1980 Miss Illinois-USA Pageant; Fourth Runner-Up and Best-in-Swim Suit competition in the 1980 Miss Oktoberfest Pageant in Canada; and whereas, Leslie K. Renfrow will compete in the 1981 Miss USA Pageant to be held at Biloxi, Mississippi, on May 21st, 1981; therefore be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE EIGHTY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Leslie K. Renfrow on the occasion of her being crowned with the title of Miss Illinois-USA for 1981, and that we wish her success in her competition for the title of Miss USA 1981 at Biloxi, Mississippi, on May 21st, 1981; and be it further RESOLVED, that a suitable copy of this Preamble and Resolution be presented to Leslie K. Renfrow as a token of our appreciation for the honor she has brought to herself and the State of Illinois."

"The question is, 'Shall House Resolution 215 pass?' All in favor will signify by saying 'aye', all opposed 'no'. And the 'ayes have it and the Resolution is passed. Miss Renfrow would like to address this group if you would all be in your seats and pay some attention. Why, she probably got some words of wisdom for you. She's wearing an outfit that has almost 2,000 Lincoln head pennies on it and as the Resolution stated she's going to represent the State of Illinois in Biloxi, Mississippi in 34  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 the Miss USA contest. Miss Renfrow."

"Thank you, Mr. Speaker. Ladies and Gentlemen, now that we've had our fun I think it's time to get down to business. I am definitely in favor of Bill #961 in support of friends of mine from Aurora, the Park Bill vote.' Anyway... Each year I'm told you're kind enough to interrupt your busy day for a visit from the reigning Miss Illinois and I appreciate that. Thank you very much. Unfortunately she's never been able to return for another visit, so this year I decided or my pageant directors and I decided that it would be nice to give you a little taste of the USA Pageant SO I am appearing in the costume that was worn by Debbie 'Nikol' of Oak Lawn in the 1979 Miss USA Pageant. Debbie was Third Runner-Up that year and she also won first place for her state costume which is this Land of Lincoln Costume. This costume is a little bit different than the one that Abraham Lincoln wore. There are two small differences. One being that it is a little less formal and two being that is decorated with about 1800 shiny copper Lincoln pennies and it weighs almost 15 pounds. This year through the cooperation of Dr. Leon Letterman at 'Firmee Lab', which is the Firmee National Accelerator and Laboratory in Batavia, a costume has been designed which depicts the profound research being done at 'Firmee Lab'. It is our hope to show the 70,000,000 people that will be watching the USA Pageant that Illinois through 'Firmee Lab' is a world leader in scientific research. So please be sure and watch, Thursday night, May 21st at 8:00 p.m. on CBS and watch the pageant. Thank you very much."

"Thank you very much, Leslie. And good luck to you in Biloxi. Thank you very much. Am I dead? That's the best attention we've had all day. Back to the real world, House Bill 529, Representative Woodyard. Read the Bill." 35  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day

April 22, 1981 "House Bill 529, a Bill for an Act relating to the nomination of multitownship assessors, Third Reading of the Bill."

"The Gentleman from Edgar, Representative Woodyard."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. After an act like that I hope that portends the good passage of this Bill. House Bill 529 is a Bill that puts back into compatibility the nomination process of the multitownship District assessor candidates. Inadvertently when we created the multitownship assessor we left out the method of selection and it was done..it is done now by Precinct Committeemen on a weighted vote basis. What this Bill does is put this back into the same context as the selection of other township candidates. It is supported by the Township Officials Association. I'd be happy to answer any questions."

"Is there any discussion? The question is, 'Shall House Bill 529 pass?' All in favor will signify by voting 'aye', all opposed... Pardon me, Mr. Brummer. I didn't see you. Representative Brummer."

"Yes, will the Sponsor yield?"

"Indicates he will."

"You indicated this would change the nomination process, but I don't think you indicated how they would be nominated under this Bill."

"There would be a caucus held just as the other township candidates except that it would be on a different night due to the fact that there could be two or three or more townships involved in the selection of these candidates. But it would at a regular caucus."

"So it would be a separate..."

"...It'd be a separate party caucus.." 36  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981

"..Township area on a different night than the other township caucuses."

"Right."

"Okay. Thank you."

"Is there any further discussion? Representative Woodyard, to close."

"I'd just ask for a favorable Roll Call, Mr. Speaker."

"The question is, 'Shall House Bill 529 pass?' All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 159 voting 'aye', 2 voting 'no' and this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 566, Representative Yourell. Out of the record. House Bill 579, Representative McMaster. Read the Bill."

"House Bill 579, a Bill for an Act to amend an Act in relationship to county zoning, Third Reading of the Bill."

"Representative McMaster."

"Thank you, Mr. Speaker. The intent of House Bill 579 is to lower the penalty for violation of a county zoning ordinance from a Class B misdemeanor to a petty offense, punishable by a fine of not more than $500 with each day of the violation remains uncorrected constituting a separate offense. This Bill was brought to me by the county zoning administrators and they felt that a possibility of a jail term under current law of six months was a little bit too strong for violating a county zoning ordinance. And they wish to make it just a petty offense."

"Is there any discussion? The question is, 'Shall House Bill 579 pass?' All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who 37  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 wish? Take the record, Mr. Clerk. On this issue there are 149 voting 'aye and 4 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declare passed. House Bill 633, Representative Yourell. Out of the record. House Bill 654, Representative. Alstat. Out of the record. House Bill 722, Yourell. Out of the record. Anybody that would like to have their Bill called on Third Reading before we move on? Representative Ronan, for what purpose do you arise?"

"Yes, Mr. Speaker. Representative Stanley is on the floor now. I'd like to call his Bill back to Second Reading for the Amendment."

"Which Bill, Representative?"

"House Bill 159."

"Read House Bill 159, Mr. Clerk. You want leave to take this Bill back to Second?"

"Yes."

"The Gentleman asks leave to take House Bill 159 back to the Order of Second Reading. Are there objections? Hearing none, leave is granted and House Bill 159 is now on Second Reading. Are there any Amendments, Mr. Clerk?"

"Floor Amendment #1, Stanley, amends House Bill 159 on page one by inserting after line 20 the following."

"The Gentleman from Cook, Mr. Stanley."

"Thank you, Speaker and Ladies and Gentlemen of the House. This is a technical Amendment which was just really to help clean it up and talks about the need to establish a written security plan to protect data and confidentiality of information. I'd appreciate its adoption. Thank you."

"Is there any discussion? Representative Ronan, did you care to speak on the Amendment?"

"Yes, Mr. Speaker. Thank you. I have no opposition to the Amendment." 38  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day

"The April 22, 1981 question is,....The Gentleman has moved for the adoption of Amendment #1 to House Bill 159. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it. And the Amendment's adopted. Further Amendments?"

"No further Amendments."

"Third Reading. Anyone else care to have any Bills called on the Order of Third Reading or Second Reading? Representative Beatty?"

"House Bill 270, I'd like to ..."

"What Order of Reading is that on? Second Reading?"

"It's on Second Reading..."

"Page three of the Calendar, House Bill 270. Representative Beatty."

"This is merely a technical Amendment that the staff provided. It makes no change in substance and I'd ask for approval."

"Would you read the Bill, Mr. Clerk, on House Bill 270?"

"House Bill 270, a Bill for an Act to amend an Act relating to compulsory retirement of judges, Second Reading of the Bill. Amendment #1 was adopted in Committee."

"Are there any Motions filed with regard ..with respect to Amendment #1?"

"No Motions filed."

"Further Amendments?"

"Floor Amendment #2, Beatty, amends House Bill 270 on page one and so forth."

"Representative Beatty on Amendment #2."

"Yes, this is a technical Amendment. It doesn't in substance change what has already been put in in Amendment #1, but Amendment #1 was a little defective." 39  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day

"The Gentleman from Will, April 22, 1981 Representative Leinenweber, on Amendment #2."

"If I recall correctly, Amendment #1 removed the limitation on the number of judges that this Bill would apply to. Is that correct?"

"Well, this Amendment does the...applies... This Amendment is the same actually. It makes age 75, the judges can be judges till they're 75. It applies to Supreme Court, Appellate Court, Circuit and Associate Judges. It's just that...the manner in which it's set out, but it's the same Amendment."

"What is the difference between Amendment 1 and 2?"

"I don't have a staff person with me, but in substance there is no difference. It's just technically, the way it is recited in the Amendment as far as I'm told."

"All right."

"Is there any further discussion on Amendment #2? The Motion is, 'Shall Amendment #2 to House Bill 270 be adopted?' All in favor will signify by saying 'aye', all opposed "no". The 'ayes' have it and the Amendment #2 is adopted. Further Amendments?"

"No further Amendments."

"Third Reading. The Gentleman Representative Stearney. from Cook, Did you care to have a Bill called? What's the Bill number, Representative?"

"154."

"154? On the Order of Second Reading on page two of the Calendar, House Bills, Second Reading. 154.

Representative Stearney." House Bill "House Bill 154, a Bill for an Act to amend the Code of Criminal Procedure, Second Reading of the Bill. Amendment #1 was adopted in Committee."

"Are there any Motions filed with respect to 40  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Amendment #1?"

"No Motions filed."

"Further Amendments?"

"Floor Amendment #2, Henry, et al, amends House Bill 154 on page one, line two and so forth."

"The Gentleman from Cook, Representative Henry, on Amendment #2 to House Bill 154."

"Thank you, Mr. Speaker..."

"Representative Stearney, for what purpose do you seek recognition?"

"A point of Order, Mr. Speaker.."

"State your point."

"I'm raising the question of germaneness of this Amendment being filed as against House Bill 154 simply because it amends a separate Section of the Criminal Code and is not germane to the Bill as introduced, namely affecting search and seizures."

"You're questioning the germaneness of Amendment ...."

"Yes, I am, Mr. Speaker."

"Hang on. Your point is well taken, Representative Stearney. The Parliamentarian tells me that the Amendment is not germane. Further Amendments?"

"No further Amendments."

"Just a minute, Mr. Clerk. Representative Henry?"

"Mr. Speaker, on the ruling by the Parliamentarian, I'd just like to point out that we're amending the same Code, amending the same procedure and I'd like to know why it's not germane."

"Well, Representative Henry, as the Parliamentarian tells me Representative Stearney's Bill deals with search warrants and yours deals with gun control, firearm sales and so forth and for that reason it's not germane. Further 41  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day Amendments?"

"No further Amendments."

"Third ...Third Reading. announcements? Representative McAuliffe." McAuliffe: Iu April 22, 1981 Are there any want to have House Bill 143 advanced to the Order of Third Reading today."

"On page two of the Calendar House Bills, Second Reading appears House Bill 143. Representative McAuliffe. Read the Bill."

"House Bill 143, a Bill for an Act to amend the Illinois Vehicle Code, Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."

"Are there any Motions filed with respect Amendments 1 or 2?"

"No Motions filed."

"Are there any Floor Amendments?" to

"Floor Amendment #3, Koehler, amends House Bill 143 as amended in the title by inserting after it and SO forth." to

"The Lady from Marshall, Representative Koehler."

"Ladies and Gentlemen of the House, House Bill 143 is a commendable attempt stiffen our driving while intoxicated laws. I have introduced two Amendments: #1, an Amendment to provide that upon three convictions of driving while intoxicated, one would automatically lose their driver's license for life; #2, Amendment to increase the penalty for refusing the breathalizer test from the current three months to one year. I intended these...I introduced these Amendments because I strongly believe ye need to get drunk drivers off the road. I further the belief that until our penalties for drunk driving mean something, drunk driving laws will have only a limited effect. However, the Secretary of State has expressed his 42  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 concern that my Amendments would make this Bill too tough to give it a realistic chance for passage. So, out of deference for the Secretary of State, I withdraw my two Amendments and will introduce them later as a House Bill. Thank you very much."

"Is there any further discussion? The Gentleman from Johnson, Representative McCormick."

"Mr. Speaker, Ladies and Gentlemen of the House, yesterday being a freshman Member of this House I made a stupid error. I tabled my maiden Bill. And I would like, Mr. Speaker, to have either unanimous consent or 107 or eight or 150 votes to get that Bill back where it belongs in the Committee that's supposed to hear it tomorrow. I don't... I've checked it with the Leadership on both sides. I don't think there's any controversy on it, but I apologize. But being new ought to give me some excuse."

"Well, Representative, can you hold your request until we complete the action that we've got here?"

"Yes, I can."

"All right. The Lady requests leave to withdraw Amendments #3 and 4. Are there objections? Hearing none, the Amendments 3 and 4 are withdrawn. Further Amendments?"

"No further Amendments."

"Third Reading. Now, Representative McCormick, would you run through that again for us, please?"

"Mr. Speaker, Ladies and Gentlemen of the House, I don't think I need to run through it again. I think everyone heard it. I apologize for being 'green' and it's my first Bill and I made a mistake and had it tabled. I'd appreciate very much if the House would either by unanimous consent or 107 or eight or 150 votes, let me get it back to Committee where it belongs."

"What's the Bill number, Representative?" 43  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"823. It's a real good Bill. There's no real opposition to it I don't think. No RTA involvement, Sir."

"The Gentleman from Lake, Representative Matijevich."

"As a first-termer he's probably not aware. We usually ask the Sponsor when he does something like that what's the Bill all about? I know you're a greenhorn, and first-termers never pull one over on us. But...what's it all about?"

"Representative, the Bill is a Bill to take care of people that cash bad checks. You know, we're trying to stop that..."

"Oh, yeah..."

"And I think it is universally agreed that it is a bipartisan Bill."

"How would you like to be a coaching Sponsor of that?"

"I would be glad to...I'll sign your slip. I'll sign your slip. But whatever kind of a motion, Mr. Speaker, I need to make, I want to make it."

"The Gentleman asks leave to take House Bill 823 from the table. Are there objections? Hearing none, leave is granted. House Bill 823 is now restored to the Order from which it was previously...before it was tabled."

"Thank you."

"Jake, Consent Calendar, Third Reading. Read the Bills, Mr. Clerk."

"Consent Calendar House Bills 241, a Bill for an Act to authorize the conveyance of certain state real property to Will County. House Bill 381, A Bill for an Act in relationship to annual payments received by the State of Illinois from the Tennessee Valley Authority. House Bill 397, a Bill for an Act to amend the River Conservancy 44  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Districts Act. House Bill 471, a Bill for an Act to amend the Administrative Review Act. House Bill 499, a Bill for an Act to amend the School Code. House Bill 502, a Bill for an Act to create the State Council on Nutrition, Third Reading of these Bills."

"The question is 'Shall these Bills pass?'. All in favor will signify by voting 'aye", all opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On these Bills there are 130 voting 'aye', and two voting 'no', and 10 voting 'present', and these Bills having received the Constitutional Majority are hereby declared passed. Are there any announcements? Representative Conti... Agreed Resolutions."

"House Joint Resolution #24, C.B. Stiehl; House Resolution 200, Daniels; House Resolution 201, Farley-Ronan-Abramson; House Resolution 202, Polk; House Resolution 203, Jane Barnes; House Resolution 204, Kulas; Resolution 205, Ewing-Hoxsey-Breslin; House Resolution 206, Madigan-Beatty-Kucharski; House Resolution 207, Rea; House Resolution 208, Rea; House Resolution 209, Bower; House Resolution 213, Lechowicz-et al; House Resolution 214, DiPrima-et al; House Resolution 216, DiPrima-et al; House Resolution 217, Levin-et al; House Resolution 218,... House Resolution 218, Topinka; House Resolution 219, DiPrima-et al."

"The Gentleman from Cook, Representative Conti."

"Mr. Speaker, Ladies and Gentlemen of the House, House Joint Resolution... House Joint Resolution 24 is a proclamation proclaiming the week of June 7th through the 14th for Air Force Appreciation Week. House Resolution 200, Daniels, join with DuPage in recognizing and observing the Third Annual DuPage County Anti-Vandalism Conference held on April 22 as Private Property Week. House 45  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 Resolution 201 by Farley-et al, congratulating Ed Kelly for being awarded the new four year contract. House Resolution 202, Polk, retirement to William Bowling, Director of Illinois Department of Labor retired on that position on March 22. House Resolution 203 by Barnes is another retirement of Sergeant Dave Erickson recently retired from the Oak Lawn police department after 20 years of service. House Resolution 204 is an anniversary, Father Alfred P. Corbo, Pastor of Holy Rosary Roman Catholic Church of Chicago celebrating his 25th year of priestly service. House Resolution 205 awarding B. E.. 'Bill' Clapp. He is the recipient of the Illinois Retail Merchant Associations' Year of the award. House Resolution 206 acknowledges the Holy Name Society of St. Nicholas' Tolentine Church of Chicago to name Victor Yanz 'Man of the Year Award'. House Resolution 207, Rea, a recognition where the Cairo High School Basketball Pilots captured third place in the Class A Championship Tournament of the Illinois Athletic Association. House Resolution 208, Rea, the Eldorado Lady Eagles of Illinois finished the season in fourth place in the Illinois Class A Girls' Basketball Championship. House Resolution 209 by Bower, the Flaming Hearts of the Effingham High School on an outstanding season. Ended up with the Illinois High School Association Class AA Basketball Championship. House Resolution 213 is a silver wedding anniversary of Harry and Shirley Ann Kudesh celebrated their 25th wedding anniversary. A proclamation by DiPrima-et al, House Resolution 214, officially proclaims April 26, 1981 as Vietnam Veterans' Recognition Day in the State of Illinois. House Resolution 216, a nev assignment goes to Reverend LeRoy J. Calkins in his new response assignment at the Veterans' Administration Medical Center, San Diego, California. House Resolution 217, 46  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 accomodation...that we commend the Edgewater Community Council for 20 years of fine and dedicated work for the people of its community. House Resolution 218, Topinka, Florence K... Raphael Labak and August Klich were joined in Holy Matrimony more than 50 years ago. House Resolution 219, DiPrima-et al, another 50 year marriage, Mr. George Petlick... Mr. and Mrs. George Petlick will renew their wedding vows in celebration of their 50th wedding anniversary. Mr. Speaker, I move for the adoption of the Resolutions."

"You've heard the Gentleman's motion for the adoption of the Agreed Resolutions. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes have it, and the Agreed Resolutions are adopted. Death Resolutions."

"Death Resolutions."

"Wait a minute, Mr. Clerk. The Gentleman from Hill, Mr. Davis, for what purpose do you arise?"

"Well, thank you, Mr. Speaker. Before the schedule was announced the Subcommittee on the Illinois Building Authority had scheduled a meeting for 6:00 this evening. By leave of the House I would like permission to continue that meeting while the House is in Session and the Members can come and go from the floor as they are needed."

"What's the Commission, Representative?"

"It is the Sub...Appropriations Subcommittee on the Illinois Building Authority."

"The Gentleman asks leave for the Subcommittee to meet while the House is in Session. Are there objections? Leave being granted, you can meet, Representative."

"Thank you, Mr. Speaker."

"Representative Winchester."

"Thank you, Mr. Speaker. I would ask leave to 47  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 suspend Rule 18K to suspend the posting requirements in Rule 18 in relation to House Bill 1105 and House Bill 1111 so that they may be heard in Committee. They involve ..they're all Bills on primary date change, and we have a Subcommittee on Tuesday. I would ask for leave."

"The Gentleman asks leave to suspend the posting rules on 1105 and 1111. Are there objections? The Gentleman from Sangamon, Representative Kane."

"Would the Gentleman yield for a question?"

"He indicates he will."

"Are you saying that there are other Bills that have already been posted on this same subject?"

"Representative Winchester."

"Yes, that is correct, Representative Kane. We have a Subcommittee scheduled to meet on Tuesday. These Bills just came in recently. I would like to have leave to suspend so that in Committee today I can move to put them in the Subcommittee so that they can be heard on Tuesday."

"Along with Bills that cover the same subject?"

"That is correct."

"I have no objection."

"The Gentleman asks leave. Are there objections? Hearing none, leave is granted. Representative NcMaster."

"Thank you, Mr. Speaker. I want to remind all of the Members of the Counties and Townships Committee whether Republicans or Democrats to be over to Committee room D1 immediately after adjournment. We have 20 Bills, and we only have two hours to hear them in. And we need to get them out because we've got a load coming up next week."

"Death Resolutions."

"House Resolution 210, Leinenweber, in respect to the memory of Edwin Nelson. House Resolution 212, Bradley-et al, in respect...pardon me, House Resolution 48  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 211, McCormick, in respect to the memory of Jack Dunn, and House Resolution 220, Bullock, in respect to the memory of Archibald Carey."

"The Gentleman from Cook, Representative Conti."

"Mr. Speaker, I move for the adoption of the Death Resolutions."

"You've heard the Gentleman's Motion. All in favor signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the Motion is adopted. Further Resolutions?"

"House Resolution 212 Bradley-Ropp."

"Committee on Assignment. For what purpose does the Gentleman from McClain, Representative Bradley, arise?"

"Mr. Speaker, would the Clerk read the Sponsors of that last Resolution, please?"

"Mr. Clerk, would you read the Sponsors of the last Resolution?"

"Representatives Bradley and Ropp."

"Fine, thank you. I thought I heard you say...didn't want to be on there. Thank you."

"Mr. Speaker..."

"Representative Conti."

"Mr. Speaker, I don't mind but we've far exceeded the five Resolutions per Member. The previous speaker has gone through a lot of expense in getting these certificates, and they are beautiful linen certificates, and if the Members would please see the Speaker and go through with these certificates we could save an awful lot of printing. We could save an awful lot of time and money if they go in and get these awards and certificate awards of recognition instead of adopting all of these Resolutions every day."

"Your point is well taken, Representative. Are there further announcements? Representative Telcser for an announcement." 49  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"Mr. Speaker and Members of the House, pursuant to the introduction of Miss Illinois today and the first four months of the Session coming to a close, I want to announce that tomorrow from 10 a.m. to 2:30 p.m. breathing tests will be given in the first aid station of the Capitol Building. And that is...is that today? The tests will be given from 10 a.m. to 2:30. That's for you from the Lung Association. You can have your capacity to breathe properly tested."

"Representative Telscer for the recess Motion."

"Mr. Speaker and Members, I move the House stand in recess until 6 p.m. this evening."

"You heard the Gentleman's Motion. All in favor signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the House stands in recess until 6 p.m. this evening. Ten minute perfunctory for the Clerk to read some Bills."

"Introduction and First Reading of Constitutional Amendments. House Joint Resolution Constitutional Amendment #23, Yourell, whereas Title IV of the Civil Rights Act of 1964 provides that in legal proceedings instituted by the United States Attorney General for relief in class action cases where minor children are being deprived of the equal protection of the laws, no court of the United States may issue an order seeking to acheive racial balance in any school by requiring the transportation of pupils from one school to another in order to acheive such racial balance; and whereas Title VIII of the Education Amendments of 1972 prohibits the use of Federal Funds to aid in any program for the transportation of students if the design of the program is to overcome racial imbalance or to carry out a plan of racial desegregation; and whereas notwithstanding the 50  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 limiting provisions of the Acts specified, school districts throughout the nation are regularly involved in both federal and state court litigation in which pupil transportation for racial reasons is a central issue, and whereas pupil transportation is neither an appropriate nor an effective remedy for correcting racial imbalances or eliminating the blight of racial segregation; and whereas pupil transportation for such purposes ignores the economic and political realities of urban America and tends to perpetrate rather than eradicate limited educational opportunites for children of minority races; and whereas pupil transportation in the context of racial balance and racial desegregation programs is non-remedial and counter productive, severely impinges on the educational process, endangers the health and safety of public school pupils, promotes the inefficient use of finite revenues available for the support of public education, encourages overcrowding and ineffective utilization of public school facilities, faculties and facilities, and effectively undermines the ability of school districts to maximize educational opportunities for the youth of this nation; and whereas Article V of the Constitution of the United States provides that the application of the legislatures of two-thirds of the several states the Congress shall call a Constitutional Convention for the purpose of proposing Amendments; therefore, be it resolved by the House of Representatives of the 82nd General Assembly of the State of Illinois the Senate concurring herein, that this Body makes application to the Congress of the United States to call a Constitutional Convention for the sole purpose of considering a Constitutional Amendment to prohibit pupil transportation for the purpose of achieving a racial balance or implementing or carrying out a plan of racial 51  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 desegregation in any school district; and be it further resolved that the application to Congress made by this Resolution is contingent upon the establishment by Congress, within one year after the time two-thirds of the states have made applications on this issue and prior to the convening of such Constitution of rules and procedures for such a limited convention, and be it further resolved that this Body also urges the Legislatures of each of the several states comprising the United States to apply to the Congress requesting the proposing of an Amendment to the federal Constitution or the calling of a Constitutional Convention for the purpose set forth in this Resolution, and be it further resolved that a copy of this Resolution be transmitted by the Secretary of State to the presiding officers of the Senate and the House of Representatives of Congress, and to the Members of the Constitutional Celegation from the State of Illinois, and to the presiding officers of each House of the various state Legislatures, First Reading of the Constitutional Amendment. House Joint Resolution Constitutional Amendment #24, Bianco-et al, resolved by the House of Representatives of the 82nd General Assembly of the State of Illinois, the Senate concurring herein, that there shall be submitted to the electors of this state for adoption or rejection at the general election next occurring at least six months after the adoption of this Resolution, a proposition to amend Section 2 of Article I of the Illinois Constitution to read as follows: Article I Bill of Rights. Section 2 Due Process and Equal Protection. No person shall be deprived of life, liberty and pursuit without due process of law nor be denied the equal protection of the laws: provided that nothing contained herein or elsewhere in this Constitution imposes upon the State of Illinois, its political 52  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 subdivisions, agencies or instrumentalities, nor upon any unit of local government or school district, nor upon any Board, Commission or official thereof any obligations or responsibilities which exceed those imposed by the Equal Protection Clause of the 14th Amendment to the United States Constitution with respect to the use of pupil school assignment or pupil transportation. In enforcing this Section or any other provision of this Constitution, no court of this state may impose upon the State of Illinois, its political subdivisions, agencies, or instrumentalities, nor upon any unit of local government or school district, nor upon any Board, Commission or official thereof any obligation or responsibility with respect to the use of pupil school assignment or pupil transportation 1) except to remedy a specific violation by such party that would also constitute a violation of the Equal Protection Clause of the 14th Amendment to the United States Constitution, and 2) unless a federal court would be permitted under federal decisional law to impose that obligation or responsibility upon such party to remedy the specific violation of the Equal Protection Clause of the 14th Amendment of the United States Constitution. Except as may be preluded by the Constitution of the United States, every existing judgment, decree, writ, or other order of a court of this state, whenever rendered, which includes provisions regarding pupil school assignment or pupil transportation, or which requires a plan including any such provisions shall, upon application to a court having jurisdiction by any interested person, be modified to conform to the provisions of this Section as amended, as applied to the facts which exist at the time of such modification. In any actions or proceedings arising under or seeking application of the Amendment to this Section, all courts wherein such 53  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 actions or proceedings are or may hereafter be pending, shall give such actions or proceedings first precedence over all other civil actions therein. Nothing herein shall prohibit a school district from voluntarily continuing to commencing a school integration plan under the effective date of this Amendment to this Section. In amending this Section, the General Assembly and People of the State of Illinois find and declare that this Amendment is necessary to serve compelling public interests including those of making the most effective use of the limited financial resources now and prospectively available to support school education, maximizing the educational opportunities and protecting the health and safety of all public school pupils, enhancing the ability of parents to participate in the educational process, preserving harmony and tranquility in this state and its public schools preventing the waste of scarce fuel resources and protecting the environment. Transition Schedule. This Amendment to Article I of the Constitution of the State of Illinois takes effect upon its approval by the electors of this state, First Reading of the Constitutional Amendment. SenateBills First Reading. Senate Bill 228, Bowman, a Bill for an Act to amend the Revenue Act, First Reading of the Bill. Introduction and First Reading of House Bills. House Bill 1693, Braun-Reilly, a Bill for an Act to amend the Municipal Code, First Reading of the Bill. House Bill 1694, Stuffle-Wolf, a Bill for an Act to amend the Pension Code, First Reading of the Bill. House Bill 1695, Birkinbine, a Bill for an Act to amend the Insurance Code, First Reading of the Bill. House Bill 1696, Steczo, a Bill for an Act to amend the School Code, First Reading of the Bill. House Bill 1697, Dick Kelly, a Bill for an Act to amend the Pension Code, First Reading of the Bill. House Bill 1698, 54  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Catania-Bowman, a Bill for an Act to making appropriations to the State Comptroller, First Reading of the Bill. House Bill 1699, Daniels, a Bill for an Act to amend the Code of Criminal Procedure, First Reading of the Bill. House Bill 1700, Cullerton, a Bill for an Act to amend the Code of Criminal Procedure, First Reading of the Bill. House Bill 1701, Cullerton, a Bill for an Act to amend the Code of Criminal Procedure, First Reading of the Bill. House Bill 1702, Bianco, a Bill for an Act to provide for the submission to the electors of this state the certain question of public policy, First Reading of the Bill. Senate Bill...House Bill 1703, Birkinbine, a Bill for an Act to amend the Illinois Lottery Law, First Reading of the Bill. House Bill 1704, Schraeder, a Bill for an Act to amend the School Code, First Reading of the Bill. House Bill 1705, Polk, a Bill for an Act to amend the Vehicle Code, First Reading of the Bill. House Bill 1706, Breslin, a Bill for an Act to amend the County Laws and the Environmental Protection Act, First Reading of the Bill. Senate (sic) Bill 1707, Cullerton, a Bill for an Act to amend the Code of Criminal Procedure, First Reading of the Bill. Senate (sic) Bill 1708...08, Cullerton, a Bill for an Act to amend the Juvenile Court Act, First Reading of the Bill. Senate (sic) Bill 1709, Ronan-Stanley, a Bill for an Act to amend the Data Information Systems Commission Act, First Reading of the Bill. House Bill that vas. House Bill 1710, Ronan-Stanley, a Bill for an Act to amend the Data Information Systems Commission Act, First Reading of the Bill. House Bill 1711, Yourell, a Bill for an Act to amend the Fish Code, First Reading of the Bill. House Bill 1712, Yourell, a Bill for an Act to amend the School Code, First Reading of the Bill. House Bill 1713, Pechous-Topinka-et al, a Bill for an Act to amend the Bingo 55  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 License and Tax Act, First Reading of the Bill. House Bill 1714, Kulas, a Bill for an Act to amend the Illinois Barber Law, First Reading of the Bill. House Bill 1715, Tuerk, a Bill for an Act concerning the election of County Boards, First Reading of the Bill. House Bill 1716, Sam Wolf, a Bill for an Act to amend the Revenue Act, First Reading of the Bill. House Bill 1717, Vinson-Ryan, a Bill for an Act to amend the Mental Health Department Powers Act, First Reading of the Bill. House Bill 1718, Barnes-Jaffe, a Bill for an Act to amend the Rape Victims' Emergency Treatment Act, First Reading of the Bill. House Bill 1719, McGrew, a Bill for an Act to amend the School Code, First Reading of the Bill. House Bill 1720, Jaffe, a Bill for an Act to amend the General Assembly Officers' Act, First Reading of the Bill. House Bill 1721, Younge, a Bill for an Act to require 10% of the contracts awarded under Small Business Purchasing and Small Business Construction Act be awarded to minority businesses, First Reading of the Bill. House Bill 1722, Younge, a Bill for an Act to amend the Lottery Law, First Reading of the Bill. House Bill 1723, Younge, a Bill for an Act to create the Illinois State Bank, First Reading of the Bill. House Bill 1724, Currie-Jaffe-Barnes, a Bill for an Act to amend the Code of Criminal Procedure, First Reading of the Bill. House Bill 1725, Matijevich, a Bill for an Act to create an Act to provide occupational safeguards for operators of video display terminals, First Reading of the Bill. House Bill 1726, Matijevich, a Bill for an Act to create the Artist Resale Royalties Act, First Reading of the Bill. House Bill 1727, Matijevich, a Bill for an Act to amend the Highway Advertising Control Act, First Reading of the Bill. House Bill 1728, Matijevich, a Bill for an Act to create...creating the Citizens Utility Board Act, First Reading of the Bill. House Bill 1729, 56  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Hannig, a Bill for an Act to amend the Service Use and Occupation Tax Act, First Reading of the Bill. House Bill 1730, Schraeder-Van Duyne, a Bill for an Act to amend the School Code, First Reading of the Bill. House Bill 1731, Rigney, a Bill for an Act to amend the Child Care Act, First Reading of the Bill. House Bill 1732, O'Connell, a Bill for an Act to amend Sections of an Act to provide for the creation and management of Forrest Preserve Districts, First Reading of the Bill. House Bill 1733, Hallock, a Bill for an Act to amend the School Code, First Reading of the Bill. House Bill 1734, Stewart-Jaffe-Barnes, a Bill for an Act to amend the Rape Victims' Emergency Treatment Act, First Reading of the Bill. House Bill 1735, Stewart-Jaffe-Barnes, a Bill for an Act to amend the Rape Victims' Emergency Treatment Act, First Reading of the Bill. House Bill 1736, Jaffe, a Bill for an Act to amend the downstate and Chicago teachers' Articles of the Pension Code, First Reading of the Bill. House Bill 1737, Capparelli-McAuliffe, a Bill for an Act...to amend an Act to revise the law in relation to counties, First Reading of the Bill. Senate Bill 228, a Bill for an Act to amend the Revenue Act. First Reading of the Bill."

"Committee Reports. Representative Barnes, Chairman from the Committee on Health and Family Services, to which the following Bills were referred, action taken April 21, 1981 and reported the same back with the following recommendations: 'Do pass' House Bill 985. Representative Barnes, Chairman from the Committee on Health and Family Services, to which the following Bills were referred, action taken April 21, 1981 and reported the same back with the following recommendations: 'Do pass' House Bills 986 and 988; 'Do not pass' House Bill 724; 'Do pass as amended' House Bill 723; 'Do pass Consent Calendar' House Bill 671; 57  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Do pass as amended Consent Calendar' House Bill 815; 'Interim Study Calendar' House Bill 351 and 662. No further business, the House will now stand in recess until 6:00 this evening."

"Attention House of Representatives, Ladies and Gentlemen, this House will meet in fifteen minutes. Will you please be on time? Thank you. Attention, the House of Representatives will meet in five minutes. Will you please be on time? All are not entitled to this House. Will you please retire to the gallery? Thank you."

"The House has been graced by the presence of Senator Berman here in the front of the chamber. Senator Berman. On the Calendar on page two under the Order of House Bills, Second Reading appears House Bills, Second Reading. House Bill 33, Representative Neff. Read the Bill, Mr. Clerk."

"House Bill 33, a Bill for an Act to amend the Unified Commercial Code, Second Reading of the Bill. Amendment #1.... Amendment #2 was adopted in Committee."

"Are there any Motions filed with respect to Amendment #2?"

"No Motions filed."

"Any Amendments from the floor?"

"No further Amendments."

"Third Reading. House Bill 43, Representative Stanley. Out of the record. House Bill 57, Representative McAuliffe. Out of the record. House Bill 97, Representative Bowman. Representative Bowman, do you care to have House Bill 97 called on Second Reading? Read the Bill."

"House Bill 97, a Bill for an Act to amend the Senior Citizens and Disabled Persons Property Tax Relief Act, Second Reading of the Bill. Amendment #1 was adopted 58  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day in Committee." April 22, 1981

"Are there any Motions filed with respect to Amendment #1?"

"No Motions filed."

"Further Amendments?"

"No further Amendments."

"Third Reading... House Bill 101, Representative Abramson. Out of the record. Representative Kane, for what purpose do you rise?"

"I don't think there's 89 Members here and I would question the quorum."

"Question the quorum?"

"Yes."

"Roll Call for Attendance. Representative Kane."

"There are a number of people going around pushing buttons So I would ask for a verification unless you want to dump this."

"That's certainly your privilege, Representative. ... record, will you, Mr. Clerk? 127 Members of the House answering the Roll. There is a quorum present. Representative McGrew, do you seek recognition?"

"How about being 'present' instead of 'yes', Mr. Speaker."

"You're counted in the 127, Representative. On page two on the Calendar on the Order of House Bills, Second Reading appears House Bill 57, Representative McAuliffe. Out of the record. House Bill 196, Ropp. Representative Ropp on the floor? Out of the record. House Bill 210, Representative Schuneman... Out of the record. 238, Schuneman. Out of the record. 274, Huskey. Out of the record. 206, Steele. Out of the record. 305, Swanstrom. Out of the record. 342, Balanoff. Out of the record. 366, Greiman. Do you want the Bill called, 59  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES. TRANSCRIPTION DEBATE April 22, 1981 Representative? Read the Bill, Mr. Clerk. 366."

"House Bill 366, a Bill for an Act concerning abuse between family and household members, Second Reading of the Bill. Amendments #1, 2, and 3 were adopted in Committee."

"Mr. Speaker..."

"Are there any Notions filed with respect to Amendment #1, 2, or 3?"

"No Motions filed."

"Further.... Amendments from the floor?"

"Floor Amendment #4, Vinson. Amends House Bill 366 on page 22 and so forth."

"The Gentleman from DeWitt, Representative Vinson, on Amendment #4 to House Bill 366."

"Would the Clerk read the Amendment, Mr. Speaker. I've got three Amendments filed on the Bill and I'm not sure which one it is. I've got so much paper here I'm not sure."

"Read the Amendment."

"Amendment #4 amends House Bill 366 on page 22 by adding the following line 3, Article V, Section 501, 'This action will become effective on July 1, 1982..'"

"Representative Vinson.""

"I withdraw the Amendment, Mr. Speaker."

"Withdraw Amendment #4. Further Amendments?"

"Floor Amendment #5 amends House Bill 366 on page 22 by adding the following line... following after line 3, Article V, Section 501, 'This Act shall become effective on July 1, 1982..'"

"I withdraw the Amendment, Mr. Speaker."

"Withdraw Amendment #5. Further Amendments?"

"Floor Amendment #6, Greiman. Amends House Bill 366 on page two, line ten and...."

"I understand that Mr. Greiman, Amendment #6 has 60  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 not been printed. That's what the Clerk just told me. Out of the record on 366. House Bill 393, Catania."

"Mr. Speaker?"

"Representative Vinson."

"Amendment #7 has been printed and distributed and it could be adopted. I think it's in agreement with the Sponsor and we could get that out of the way."

"House Bill 366, Amendment #7. Representative Vinson, on Amendment #7 to House Bill 366."

"Thank you, Mr. Speaker and Members of the House. Amendment #7 is a simple agreed Amendment to have the effective date on this Bill be March 1, 1982. I had started off with the position it should be July 1. Mr. Greiman had started off of a position that it should be earlier. We agreed to split the difference, have a compromise and I believe that it's an appropriate Amendment to make things much easier on the working bar in dealing with this Bill."

"Is there any discussion on Amendment #7? Gentleman made the Motion for the adoption of Amendment #7 to House Bill 366. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments."

"No further Amendments."

"Hold the Bill on Second Reading, Representative? Greiman, you want to hold this on Second Reading? Hold it on Second Reading."

"Yes, for Amendment #6."

"Hold the Bill on Second Reading. House Bill 393, Catania. Read the Bill."

"House Bill 393, a Bill for an Act to amend the Illinois Insurance Code, Second Reading of the Bill. Amendment #1 was adopted in Committee." 61  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981

"The Lady from Cook, Representative Catania, on House Bill 393."

"Mr. Speaker, I think it's Representative Huff's Amendment."

"Are there Motions filed with respect to Amendment #1?"

"No Motions filed."

"Further Amendments."

"Floor Amendment #2, Huff. Amends House Bill 393 on page one, line two and so forth."

"Gentleman from Cook, Representative Huff, on Amendment 2 to House Bill 393."

"Thank you, Mr. Speaker. Amendment #2 to House Bill 393. It's my understanding it's an agreed Amendment. I talked with the Sponsor about it. What it does is that it mandates that the insurance companies when they are intending not to renew. that they send a notice to the mortgagee or the lien holder, and also to state the reasons for the non-renewal."

"Any discussion on the Amendment? Gentleman moves the adoption of Amendment #2 to House Bill 393. All in favor will signify by saying 'aye', all opposed 'no', and the Amendment's adopted. Further Amendments."

"No further Amendment."

"Third Reading. House Bill 441, Representative McGrew. Out of the record. House Bill 455, Vinson. Want the Bill called, Representative? Read the Bill."

"House Bill 455, a Bill for an Act to amend an Act in regard to judgements in relationship to real estate, Second Reading of the Bill. No Committee Amendments."

"Any Amendments from the floor?"

"None."

"Third Reading. House Bill 496, Schneider. Out of 62  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 the record. House Bill 497, Hoffman. Out of the record. House Bill 525, Peters. Want the Bill read, Representative Peters? House Bill 525. Read the Bill, Mr. Clerk."

"House Bill 525, a Bill for an Act to amend the Child Care Act, Second Reading of the Bill. Amendments #1, 2, and 3 were adopted in Committee."

"Are there any Motions filed with respect to Amendments 1, 2, or 3?"

"No Motions filed."

"Further Amendments?"

"Floor Amendment #4, Bowman. Amends House Bill 525 on page one, line five and so forth."

"The Gentleman from Cook, Representative Bowman on Amendment #4. What's your pleasure, Representative Peters? The Gentleman's not on the floor."

"Mr. Speaker, I would not want to be accused of unfairness to Representative Bowman. Maybe we could just take this out for a bit. Would it be the intention of the Chair to try and get back to these at some point today? Alright, you don't know."

"I don't know but I wouldn't hold a lot of hope for that, Representative."

"Take it out, Mr. Chairman (sic). Thank you."

"Out of the record. House Bill 534, Representative Catania. Read it."

"House Bill 534, a Bill for an Act to amend the Illinois Marriage and Dissolution of Marriage Act, Second Reading of the Bill. No Committee Amendments."

"Amendments from the floor?"

"None."

"Third Reading. The Gentleman from Kankakee, Representative McBroom, for what purpose do you rise?"

"Yes, Nr. Speaker and Members of the House, making two 63  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 introductions in one day is kind of a record for me but I'm a very personal friend here. He's not from anybody's district. It's his third time to the United States. He's from Sidney, Australia. Mr. Vince Reynolds. Vince, will you stand up and be recognized? He's seeing the Lincoln sites today for the first time. Thank you."

"House Bill 561, Representative Yourell. Out of the record. House Bill 625, Representative Huff. Want your Bill called, Representative? Out of the record. House Bill 636, Representative Vinson. Representative Vinson on the floor? Want your Bill called? Read the Bill, Mr. Clerk."

"House Bill 636, a Bill for an Act to amend the School Code, Second Reading of the Bill. No Committee Amendments."

"Amendments from the floor?"

"None."

"Third Reading. House Bill 672, Representative Schuneman. Out of the record. On page two of the Calendar under the Order of House Bills, Second Reading, Short Debate Calendar appears House Bill 405, Representative Wolf. Read the Bill."

"House Bill 405, a Bill for an Act to amend the Game Code, Second Reading of the Bill. No Committee Amendments."

"Amendments from the floor?"

"Floor Amendment #1, J. J. Wolf, amends House Bill..."

"Gentleman from Cook, Representative Wolf."

"Thank you, Mr. Speaker, Members of the House. This Amendment would authorize the Director and employees of the Department of Conservation to expend certain sums of money to purchase species of bird or animal or parts thereof 64  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 protected by the Act for evidence. There was, as you read in the paper, quite an arrest made on the poachers. This would enable the Department to expend money to make the purchase of this illegal fish and game or game birds or non-game birds as the case may be. The second portion of this would authorize or allow the establishment at a non-commercial, non-profit game breeding and shooting preserve area. Currently there are only commercial types allowed and this would establish a non-commercial, non-profit cooperative game breeding and shooting preserve area, and I would move the adoption of the Amendment."

"The Gentleman from Kane, Representative.... The Gentleman from Sangamon, Representative Kane, for what purpose do you rise?"

"Question of the Sponsor."

"Indicates he'll yield."

"Would the expenditure of this fund still have to be by appropriation?"

"Yes, that would come out of their budget."

"It would still have to be appropriated though for this specific purpose on this separate line item?"

"It shall be made from the contractural services appropriation."

"It would come under contractur..."

"Contractural service appropriation."

"It would not require a separate line item then."

"No."

"Thank you."

"Is there any further discussion? Gentleman moves for the adoption of Amendment #1 to House Bill 405. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments." 65  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day

"No further Amendments."

"Third Reading. Bartulis. Read the Bill." April 22, 1981 House Bill 523, Representative

"House Bill 523, a Bill for an Act to amend Sections of the Illinois Vehicle Code, Second Reading of the Bill. Amendment #1 was adopted in Commitee.".

"Any Motions filed with respect to Amendment #1?"

"No Motions filed."

"Any Amendments from the floor?"

"Floor Amendment #2, Huskey. Amends House Bill 523 on page two, line two, 15, 32 and so forth."

"Representative Bartulis, Representative Huskey has been excused because of illness. What's you pleasure on this Amendment? Do you want to call the Bill ог wait a while?"

"Well...."

"Pardon."

"Mr. Speaker, on Huskey's Amendment #2 was a clean up Amendment for Amendment 1 and they had made some mistakes on that and that's why I had put Amendment #3 in. And it's on the Clerk's table."

"What's your pleasure on Amendment #2?"

"I would just like to drop Amendment #2."

"Is... Well, it's not your Bartulis: Amendment✓ Representative. It's Representative Huskey's Amendment." "Well, that's alright. I will wait till he gets back. He was suppose to withdraw the Amendment."

"Representative, how about is we go ahead with your Amendment #3 and then with the understanding that you'll bring it back to Second Reading if Representative Huskey wants to present his Amendment."

"Alright, amendment #3, all it does..."

"Read the Amendment, Mr. Clerk." 66  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day

"Floor Amendment #3, Bartulis. April 22, 1981. Amends House Bill 523 on page two, lines two and so forth."

"For what purpose does the Gentleman from Sangamon, Mr. Kane rise?"

"Parliamentary inquiry."

"Speak."

"There seems to be a change of practice in terms of skipping over an Amendment, and I'm wondering if we can handle an Amendment that way when the Member isn't on the floor."

"I would.... As I understand it, Representative Bartulis has some kind of an arrangement with Representative Huskey and I'm not one to question his integrity on that. If you want the Bill taken out of the record, I'm sure Representative Bartulis will go along with that."

"If he would."

"You want the Bill out of the record?"

"Yes."

"Representative Bartulis, Representative Kane requests that you take the Bill out of the record."

"It's alright with me."

"Out of the record. The Gentleman from Winnebago, Representative Kelly, for what purpose do you rise?" Kelly (Jim): "Mr. Speaker, I would like to introduce 50, 55, 60 women from the 34th District, Rockford, Illinois and they're friendly, Mr. Speaker. Would you please stand up."

"Representative... or Senator Simms is with the ladies. Welcome to the House chamber ladies and Representative.... Senator Simms. House Bill 544, Representative Wolf. Representative Wolf?" Wolf (J.J.): "There was an Amendment filed, Mr. Speaker. Was it printed yet and distributed?" 67  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"It's being distributed right now. Read the Bill, Mr. Clerk."

"House Bill 544, a Bill for an Act to amend the Fish Code, Second Read of the Bill. No Committee Amendments."

"Any Amendments from the floor?"

"Floor Amendment #1, J. J. Wolf. Amends House Bill 544 and so forth."

"Gentleman from Cook, Representative Wolf, On Amendment #1."

"Thank you, Mr.. Speaker, Members of the House. Representative Yourell and I had some similar legislation so to cut down the number of Bills, Representative Yourell has joined me as a Joint Hyphenated Cosponsor of House Bill 544. We had separate Bills. 544 currently amends the Fish Code. The Amendment #1 adds the Wildlife and Fish Fund... Salmon Fund so it makes it a more comprehensive Bill rather than having two Bills, and I would move the adoption."

"Gentleman moves the adoption. Any discussion? Gentleman moves the adoption of Amendment #1 to House Bill 544. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the Amendment's adopted. Further Amendments."

"No further Amendment."

"Third Reading. Representative Collins in the Chair."

"Third Reading. House Bill 28. Gentleman from Cook, Representative Greiman, for what purpose do you rise?"

"I had a Bill that was on Second Reading that was... we took part of it and we passed over it and so the Amendment was passed out. It's now passed out and I wondered if you wanted to just pick that Bill up."

"We'll return to Second Reading for that Bill. 68  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day What's the number?"

"House Bill 366."

"House Bill 366 on Second Reading."

"It's been read already."

"Are there further Amendments?" April 22, 1981

"Floor Amendment #6, Greiman. Amends House Bill 366 on page two..."

"Gentleman from Cook, Representative Greiman."

"Thank you, Mr. Speaker and Ladies and Gentlemen fo the House. Amendment 6 is a thorough checking and clean up Amendment of gramatical errors or the requirements to make the petition for the order of protection more definite and complete. It lessens to some degree the responsibilities of police officers at the request of the Police Chiefs' Association and they now approve the Bill. It responds to some of the issues that some of the sheriffs raised and to the Sheriffs Association now, with the rather slight Amendment, approves the Bill. And, basically, it makes the language clearer and that's what it does. A number of items, none of which change the substance of the Act as originally drafted."

"The Gentleman from Cook offers Amendment #6 to House Bill 366. Is there any discussion? All those in favor of the Amendment will signify by saying 'aye', opposed 'nay", and the Amendment is adopted. Are there further Amendments?"

"No further Amendments."

"Third Reading. Third Reading. House Bill 28. Gentleman from Cook, Representative Cullerton. Read the Bill, Mr. Clerk."

"House Bill 28..."

"Just a minute, Mr. Clerk. Representative Cullerton." 69  STATE OF ILLINOIS. 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"Mr. Speaker, I believe that Bill was amended today. I brought it back to Second so I have to wait till tomorrow to consider it."

"Alright. Thank you. Take it out of the record. House Bill 38. Is Representative Donovan on...Out of the record. House Bill 45. Is Representative Terzich on the floor? Take it out of the record. House Bill 64, Representative Matijevich. Take it out of the record. House Bill 89, Representative Deuster. Take it out of the record. House Bill 103. Representative Abramson. Is the Gentleman on the floor? Take it out of the record. House Bill 104, Representative Abramson. Out of the record. House Bill 109. Is Representative Ronan on the floor? Take it out of the record. House Bill 115, Representative Wikoff. Out of the record. House Bill 116, Representative Vinson. Out of the record. House Bill 138, Representative Wikoff. Out of the record. House Bill 139, out of the record. 140, out of the record. House Bill 145. Is Representative Terzich on the floor? Take it out of the record. House Bill 159, Representative Ronan. Out of the record. House Bill 174. Is Representative Pierce on the floor? Out of the record. House Bill 179, out of the record. Representative Wikoff. House Bill 189, Representative Collins. Out of the record. House Bill 195, Representative Darrow. Is the Gentleman on the floor? Take it out of the record. House Bill 203, Representative Hallock. Out of the record. House Bill 223, Representative Pullen. Read the Bill, Mr. Clerk."

"House Bill 223, a Bill for an Act to repeal an Act to define the nature of all transactions relating to procurring, furnishing, donating, processing, distributing, or using human blood, Third Reading of the Bill."

"The Lady from Cook, Representative Pullen." 70  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day

"...House. Excuse me. Mr. Speaker, Ladies and Gentlemen of the House, House Bill 223 would remove the self-repealing clause from a law that this General Assembly enacted several years ago with a limited time on it that has since been extended two or three times. The law relates to the transfusion of blood which has been declared by a court decision a product rather than a service and thus subject to liability regardless of negligence. The law that has been repeatedly enacted by the General Assembly would say that blood transfusion and tissue transplant is, in fact, a service and ,therefore; not subject to tort liability although there would still be liability in cases where negligence is involved. The fact that this law has a self-repealer on it every four years has required the Legislature to act upon it over and over again. And every time that it is about to expire it endangers the insurance of hospitals and other medical providers around the state, anyone that is involved in the stream of blood transfusions, and it endangers the entire future of the blood transfusion, blood donation system in Illinois. I am presenting, therefore; House Bill 223 so that the law would stand and this situation causing instability and concern about its future would be removed. It came out of Committee on a very strong vote and I urge favorable consideration in the House.

"The Lady has move passage of House Bill 223. Is there any discussion? The Gentleman from Will, Representative Leinenweber."

"Will the Sponsor yield to a question?"

"Lady indicates she'll yield."

"Representative Pullen, the purpose of the repealer was the recognition of the time the law was starting over again. The purpose of the law, as I recall it, was to 71  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 protect people in firms from liability from certain types of hepatitis and other deseases which, at the time the law vas passed, vere undetectable. As I recall, the repealer was put on because there was a feeling in the medical paternity that there would be, in the future, hopefully in the not too distant future an increasing ability on the part of the medical paternity to detect these types of hepatitis and other ailments. I can recall, I think this is the third time a Bill to extend the repealer has been called since I've been in the General Assembly, but this is the first time that the repealer was attempted to be eliminated completely. Is it your understanding that the medical people no longer feel that it is possible for them to detect to derive at techniques to detect these types of hepatitis?"

"Sir, they have been uncomfortable with the self-repealer all along, but have felt that they had to yield to that as a reality. They, however; are very concerned about the unstable situation that this creates every four years and during the time that this law has been on the books efforts have been made to find a fool-proof test to detect hepatitis in blood on the shelf and efforts have progressed successfully with some strains of hepatitis although not to a fool-proof state. And, while they have been testing and developing tests, they've actually discovered more strains of hepatitis so the state of the art of hepatitis testing is that ve are still a very, very long way from a fool-proof test for all types of hepatitis. And, as you know, this law refers only to a no-fault type of liability."

"Yes, I understand that and, but it vas... We are treating this particular type of product separately from virtually all other types of products which are in the... 72  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 in Commerce. Now, Section IV, which you are repealing was a recognition that we were dealing in a different way with this particular product and was there, I suppose, for two reasons. One is that they did not want this to become an absolute law and secondly, it was my understanding, that it was to provide some perhaps additional incentive to come up with detecting techniques. By eliminating the repealer, it seems to me that we are reducing although I would be the last one to suggest that this would eliminate attempts to find detectability. But it seems we are eliminating an incentive for the medical laboratory people to come up with detectability."

"Actually, Sir, that is not the case because the efforts of the medical and laboratory profession to find a test for hepatitis has been taking place across the United States. It is a nationwide effort that has nothing to do with the Illinois law. We are a rather isolated situation here and there is strong feeling that it would not remove any incentive because the incentive involved is to cure the problem and be able to prevent hepatitis which is a much stronger incentive than this law."

"If detectability was perfected, would you agree that this law ought to be repealed?"

"Well, Sir, since I don't think that this is a product, I think it is a service, I would not go so far as to say that, but I will tell you that there is a law on the books which requires the Department of Public Health to report to the General Assembly on the state of the art of hepatitis testing so that we are able to monitor what that state is so that if, in the future, a fool-proof test were developed you would be able to find that out and bring in a Bill to go along with the foolish court decision."

"It would seem to me it would be easier just to let 73  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 it expire under its own terms."

"The Gentleman from Cook, Representative. Jaffe."

"Yes, would the Lady yield for a question?"

"She indicates she'll yield."

"Yes, Penny, you know, the problem has been I think this thing has been around since I have been in the General Assembly at least. We've always had this... We've always come in and we've always extended it for a couple of years. Why in the world now would you want to repeal it completely? I just don't comprehend that."

"Sir, as I indicated in my presentation, every time this law is about to expire it causes a great deal of consternation in the health care professions and in the insurance industry that is so critical to the health care professions in terms of malpractice and liability insurance for health care providers, and the fact that there is a self-repealing clause on it endangers the blood donation system every time that clock begins to run. And that's why."

"Yes, but basically, Penny, you know we've run into situations where you have been picking Madison Street bums and taking their blood and actually you're giving those outfits immunity forever. Isn't that correct?"

"Absolutely not, Sir. The Bloof Labeling Act prohibits the selling and buying of blood and that was where the Madison Street bums were making their money and that is not a problem anymore. The problem is it is impossible to detect the presence of hepatitis in blood on the shelf and blood can be transfused with no negligence whatsoever. If there is blood drawn from a source that is suspect, there would be negligence involved. But this is in no fault negli... in no fault liability cases not negligent liability." 74  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981

"Well, if I could speak to the Bill, Mr. Speaker."

"Proceed."

"I have supported Bills right along when which we have gone along and said "Okay we're going to have this repealer come in every couple of years". But the medical community has always told us year in and year out that we're going to perfect this things, don't worry about it. We're going to come along and we're going to be able to perfect this thing and we're not going to have any problems with this. Now, all of a sudden, here comes in a Bill that says we're going to have this repealer forever which means that no matter what anybody does with regard to giving blood, no matter how negligent they are, no matter how careless they are, forever and ever they will not be liable. I think that when the Bill first came up we had to do something. I think we had to do something because of the fact that there was a crunch on that you had the Madison Street bums and so on and so forth that... who were selling their blood, and that's the situation that we were in at the time this Bill really started. Now we're actually in an era where, as the Sponsor indicates, we've eliminated the selling of blood and I think we're in the situation wherein we should not be giving just a total repealer forever and ever to the medical profession just because they're medical profession. I think that if people are negligent in giving blood, they really should be held liable and I don't feel that we should just sit back forever and say that we're going to give absolute immunity when it comes to blood transfer and it's to one particular profession."

"Gentleman from DeWitt, Representative Vinson."

"Thank you, Mr. Speaker and Members of the House. I think there's been some misleading criticism on this Bill and I think the criticism has been misleading because 75  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 people may not be aware of the state of the technology involved. The problem with the... with blood that we currently have and that we're going to continue to have is technology is just gradually beginning to grasp the problems, the strains of virus that can be involved in the blood. The problem that... What Miss Pullen is trying to do is to pass a Bill that will grant continuing immunity to people who perform blood transfusions. That continuing immunity is designed to protect them against automatic tort liability, not negligence, not malpractice, nothing of that sort but automatic liability in the event that that blood is tainted. The problem is that with tainted blood we're just beginning to discover all of the forms of taint, and if we want to come back here next year and if we want to come back here in 1983 and 1984 and 1985 and every year try to continue for another year this grant of immunity we can do that. But I think it's a unnecessary imposition on the whole Legislature and on the people and on the people who perform these blood transfusions. Why don't we just solve the problem once and for all when it is very clear from the state of the technology. the state of art, the state of science that we cannot ever absolutely guarantee the safety of blood and we can't do that because we're learning more about it. Now if somebody performs blood negligently after Miss Pullen's Bill... transfusion negligently after Miss Pullen's Bill passes, they're still liable. If they perform malpractice, they're still liable. What they're not liable for is for the kind of liability that an auto company gets if somebody automatically gets hurt by their car. It's not... It's automatic liability that she is trying to immunize against. It's not malpractice. It's not negligence, and I would strongly urge support of her measure." 76  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 27th Legislative Day

"The Gentleman from Cook, Representative Jack Dunn,"

"Mr. Speaker, I-Motion to move the previous question."

"The Gentleman has moved the previous question. The question is, 'Shall the main question be put?' All those in favor will indicate by saying 'aye', opposed 'no'. The Motion prevails. The Lady from Cook, Representative Pullen, to close."

"Mr. Speaker and Ladies and Gentlemen of the House, I appreciate the consideration that the House has given to this Bill. It is a very necessary Bill to insure the continued blood donation system in Illinois, and I urge your favorable support."

"The question is, 'Shall this Bill pass?' All those in favor will indicate by voting 'aye', those opposed by voting 'nay'. The Gentleman from Cook, Representative Katz, to explain his vote."

"Mr. Speaker..."

"One minute."

"Yes, I am voting 'no' because I believe that the present law that we passed, the Bill that we sent over, House Bill 55 extends for not one year as had been represented but four years, the period for the repealer. Mr. Leinenweber's point is an excellent point. We've got four years in which the medical science can work on it. It makes no difference in the next four years. The law will be the same but then if they have developed something, then we will not let people get away with tainted blood which they should not be able to do if medical science is in the state. We hope it will be and I vote 'no'."

"Representative... Gentleman from Cook, Representative Jack Dunn."

"Mr. Speaker and Ladies and Gentlemen of the House, it 77  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 occurs to me that we have a cure for hepatitis but we don't have a cure for lack of blood and I would urge support of this Bill."

"Have all voted who wish? The Gentleman from Cook, Representative Holf. J. J. Wolf. Have all voted who wish? Have all voted who wish? The Gentleman... The Gentleman from Sangamon, Representative Kane."

"är. Speaker and Ladies and Gentlemen of the House, I'd urge a 'no' vote on this Bill. If you're going to get blood and it is tainted with hepatitis, you're going to be the innocent victim of that and you're going to have to pay for it. I think that we ought to keep the pressure on the medical and scientific community to come up with a way of checking on the presence of hepatitis, and there are four years in which to work at it and to grant this kind of immunity and I think that we ought to vote 'no' at this point."

"Have all voted who wish? Take the record, Μг. Clerk. On this question there are 93 voting 'aye', 55 voting 'nay', 5 voting 'present'. The Represen... The Gentleman from Cook, Representative Jaffe."

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

"The Gentleman requests a verification of the Roll Call. The Lady from Cook, Representative Pullen, requests a poll of the absentees."

"Poll of the absentees. Beatty.. Bowman. Davis. DiPrima. Epton. Getty. Henry. Huff. Huskey. Johnson. Jones. Kosinski. Kucharski. Laurino. Leverenz. Levin. Macdonald. Pierce. Satterthwaite. Schneider. Schraeder. Younge. Yourell. And Mr. Speaker."

"The... Representative Flinn asks leave to be verified. Are there any objections? He'll be verified. Mr. Clerk, proceed with the verification. I beg your 78  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day pardon. The Lady from Champaign, Satterthwaite." April 22, 1981

Representative Satterthwaite: "May I be recorded as 'no', please?"

"Record the Lady as voting "no". The Gentleman from Cook, Representative Griffin, asks leave to be voted 'aye'. Proceed, Mr. Clerk. Verify the Affirmative Roll Call."

"Poll of the Affirmative. Alstat. Barkhausen. Barnes. Bartulis. Bell. Birkinbine. Bluthardt. Boucek. Bower. Bullock. Collins. Conti. Daniels. Deuchler. Deuster. Donovan. Jack Dunn. Ralph Dunn. Ebbesen. Ewell. Ewing. Farley. Fawell. Findley. Flinn. Virginia Frederick. Dwight Freidrich. Giglio."

"Change Representative Giorgi from 'aye to 'no'. Representative Macdonald from "no' to 'aye'."

"Continuing with the Poll of the Affirmative. Griffin. Grossi. Hallstrom. Hannig. Hastert. Hoffman. Hoxsey. Hudson. Jackson. Karpiel. Keane. Jim Kelley. Dick Kelly. Klemm. Kociolko. Kustra. Macdonald. Margalus. Hatire. Mays. McBroom. McClain. McCourt. McCormick. McGrew. McMaster. Ted Meyer. Roland Meyer. Hiller. Neff. Nelson. Oblinger. O'Connell. Peters. Piel."

"Mr. Clerk. Through an inadvertency, the Roll Call was dumped. We'll have to vote over again. All those in favor will indicate by voting "aye, those opposed by voting 'no'. The Gentleman from Cook, Representative Conti."

"Mr. Speaker, there vere several that wanted to be verified as voting 'yes' on this. I hope you have the record on it."

"We do. The only one that asked leave to be 79  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 27th Legislative Day verified as voting 'yes' was Representative Monroe Plinn and he shall be so recorded. Would somebody hit Representative Flinn's switch? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. There are currently 91 voting 'yes', 59 voting 'no', 3 voting 'present' and now we'll proceed with the verification. Representative Pullen, do you want the absentees polled again? The Lady makes that request."

"Poll of the absentees. Beatty. Bowman. Breslin. Cullerton. Davis. DiPrima. Epton. Getty. Giglio. Huff. Huskey. Koehler. Kosinski. Levin. McAuliffe. McGrew. Neff. Pierce. Richmond. Schneider. Schraeder. E. G. Steele. Younge, and Zito."

"The Representative, Gentleman from Henderson, Representative Neff."

"Mr. Speaker, I'd like to vote 'aye' on this good Bill."

"Vote the Gentleman 'aye'. The Gentleman from Madison, Representative Everett Steele wants to vote 'aye'. Representative McGrew wants to vote 'present'. Are there any addition... further additions or deletions? Mr. Clerk, proceed with the verification."

"Poll of the Affirmative. Abramson. Ackerman. Alstat. Barkhausen. Barnes. Bartulis. Bell. Birkinbine. Bluthardt. Boucek. Bower. Bullock. Collins. Conti. Daniels. Deuchler. Deuster. Donovan. Jack Dunn. Ralph Dunn. Ebbesen. Ewell. Ewing. Farley. Fawell. Findley. Flinn. Virginia Frederick. Dwight Friedrich. Griffin. Grossi. Hallstrom. Hannig. Hastert. Hoffman. Hoxsey. Hudson. Jackson. Johnson. Karpiel. Keane. Jim Kelley. Dick Kelly. Klemm. Kociolko. Kucharski. Kustra. Macdonald. Margalus. Hartire. Hays. McBroom. McClain. McCormick. McMaster. Ted Meyer. Roland Meyer. Miller. Neff. Nelson. 80  27th Legislative Day Oblinger. STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE O'Connell. Peters. April 22, 1981 Piel. Polk. Preston. Robbins. Ronan. Pullen. Rea. Reed. Reilly. Rigney. Ropp. Schuneman. Slape.. Irv Smith. B. G. Steele. C. M. Stiehl. Swanstrom... Tate.. Telcser. Topinka. Tuerk. Vinson. Watson. White. Wikoff. Winchester. J. J. Wolf. Sam Wolf. Woodyard and Mr. Speaker."

"The Gentleman from Cook, Representative White."

"Mr. Speaker, I'd like to change my vote from 'aye to "no"." Call? The

"Change the Gentleman from "aye" to "no". Are there questions of the Affirmative Roll Gentleman from Cook, Representative Jaffe."

"What are we starting with, Mr. Speaker?"

"We're starting at 92 'aye' 'present'.

"Okay.. Donovan."

"Just a minute. Representative 'present' to 'aye'. NOW we're at 93. question? Donovan? Representative and 60 'no', 3 Stanley from What was your Donovan. Is the Gentleman in the chamber? In the aisle in back of you."

"Hannig."

"Representative Hannig. Is the Gentleman in the Jaffe: chamber? In the aisle in back of you." "Nelson."

"I didn't hear you."

"Pardon?"

"I didn't hear you."

"Nelson."

"Representative Nelson.. Is the Lady in the Jaffe: chamber? Right here." "Kucharski."

"Representative Kucharski. Is the Gentleman in the chamber? How is the Gentleman voting?" 81  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"Gentleman's recorded as voting 'aye'."

"Remove him from the Roll Call. Further questions?"

"Abramson."

"Representative Abramson. Is the Gentleman in the cham... He'sin his seat."

"Alstat."

"Representative Alstat. He's in his seat."

"Is the Speaker here?"

"The Speaker's in his office. You want me to get him? The real Speaker."

"The real Speaker. Fawell."

"Representative Fawell. The Lady's in her seat."

"Farley."

"Representative Farley. In the aisle."

"McBroom."

"Representative McBroom. Right here."

"Griffin."

"Representative Griffin. In the aisle to my left."

"Hastert."

"I didn't hear you."

"H-A-S-T-E-R-T."

"Oh, Representative Hastert. He's in his seat."

"Hoffman."

"Representative Hoffman is in his seat. Representative Bianco is seeking recognition."

"Mr. Speaker, would you change my vote from 'no' to 'aye'."

"Change the Gentleman from 'no to 'aye'. Representative McAuliffe."

"Mr. Speaker, I'd like to be recorded as voting 'aye' 82  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day on this." April 22, 1981

"Record the Gentleman as voting 'aye'. Further questions." Jaffe; "J. J. Wolf."

"Representative J. J. Wolf. He's in his seat."

"Hudson."

"Representative Hudson. Representative Hudson? He's in his seat."

"Martire."

"Representative Martire is in his seat."

"Piel."

"Representative Piel is in the center aisle."

"Polk."

"Representative Polk. Representative Polk is in the rear of the chamber."

"Rea."

"Representative Rea is in his seat."

"Reilly."

"I didn't hear that one."

"Reilly."

"Oh, Representative Reilly is in the aisle to my left."

"Slape."

"Representative Slape. Representative Slape. I don't see him. Oh, I see him in his seat."

"Reed."

"Who?"

"Reed."

"Representative Reed. The Lady is in the rear of the chamber."

"Swanstrom."

"Representative Swanstrom is in his seat."

"Tuerk." 83  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES. TRANSCRIPTION DEBATE 27th Legislative Day

April 22, 1981 "Representative Tuerk. Representative Tuerk is right behind you."

"I have no further questions."

"Representative Breslin."

"I wish to be recorded as voting 'aye..."

"I didn't hear you."

"I wish to be recorded as voting 'aye'."

Speaker Collins: "Record the Lady as voting 'aye'. Representative Cullerton. 'no'. Representative Representative Breslin." Record the Gentleman as voting Breslin made an error.

"I wish to be recorded as voting 'no'."

"You wish to be recorded as voting 'no'. Does that mean that Representative Cullerton wants to vote 'aye'?"

"No."

Speaker Collins: "I understand. Representative Barnes. Representative Kucharski is back. Return the Gentleman to the Roll Call. Are there any other changes in the vote, additions, deletions? What's the count, Mr. Clerk? The Gentleman from Cook, Representative Bowman wishes to be recorded as voting "no". Let me have the count, Mr. Clerk. On this question there are 95 'aye', 62 "no", 3 voting 'present', and this Bill having received the Constitutional Majority is hereby declared passed. House Bill 229, out of the record.. House Bill 237, Representative Ebbesen. Out of the record. House Bill 333, Representative Steele. Out of the record. Representative... 334, Representative Tate. Out of Representative Out the record. Representative... 354, Sandquist. of the record. Representative... 370, Representative Flinn... Out of the...I'm sorry. House Bill 378, Representative Lechowicz.. Out of the record. Representative... Lechowicz, 379. 380, 84  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day out of the record. House Bill 385, Schraeder. Out of the record. Representative Flinn. Out of the record. April 22, 1981 Representative House Bill 394, House Bill 412, Representative Grossi. Out of the record. House Bill 415, out of the record. House Bill 419, Representative Lechowicz. Out of the record. House Bill 435, Representative Virginia Frederick. Out of the record. House Bill 449, Representative Telcser. Out of the record. House Bill 462, Representative Barnes, out of the record. House Bill 501, Representative Hallstrom. Out of the record. House Bill 501, Representative. We've adopted an Amendment to that Bill today. We can't call it. House Bill 512, Representative Greiman. Out of the record. House Bill 566, Representative Yourell. Out of the record. House Bill 633, Representative Yourell. Out of the record. House Bill 654, Representative Alstat. Out of the record. House Bill 722, Representative Yourell. Out of the record. Consent Calendar, Second Reading. Mr. Clerk, would you read the Bills?"

"House Bill 131, a Bill for an Act to amend the Election Code. House Bill 346, a Bill for an Act in relationship to forms of acknowledgement of conveyances. House Bill 348, a Bill for an Act to amend the Illinois Insurance Code. House Bill 377, a Bill for an Act to eliminate obsolete references to junior colleges in various Acts. House Bill 431, a Bill for an Act to amend the Illinois Marriage and Dissolution of Marriage Act. House Bill 472, a Bill for an Act to amend an Act to permit the City of East St. Louis to establish, operate and maintain and lease foreign trade zones and sub-zones within the corporate limits. House Bill 475, a Bill for an Act to amend the Illinois Insurance Code. House Bill 559, a Bill for an Act to create the Commission to survey and study 85  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 problems pertaining to public schools in the state and define powers and duties and to make appropriation thereof. House Bill 706, a Bill for an Act creating the Illinois Insurance Law Study Commissions together with the attached Amendments, Second Reading of these Bills."

"Third Reading. On page eight on the Order of Concurrence, House Bill 605, Representative McMaster."

"Thank you, Mr. Speaker. This is a Bill that we passed on an emergency basis when we were in Session before our Easter break. It was caused by the fact that the Bill in regard to consolidation of elections did not provide an opportunity for the townships to get a proposition on the ballot in regard to adopting their highway levies. It did not involve a tax increase. We passed it out of the House without any trouble. It went over to the Senate and passed out of their 53 to nothing with one Amendment on it. We had forgotten to put an effective date on and so I am concurring in the Senate Amendment to put the effective date on this Bill."

"The Gentleman has moved that the House concur in Senate Amendment #1 to House Bill 605. Is there any discussion? This is final action. The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 605?' All those in favor will indicate by voting 'aye', those opposed voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 149 voting 'yes', 2 voting 'no', 1 voting 'present', and this Bill having received the Constitutional Majority is hereby declared passed. Change of votes."

"Representative Zwick requests to vote 'aye' House Bill 238. Representative Koehler requests to vote 'no' on House Bill 498. Representative Margalus requests to vote 86  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 'aye' on House Bill 500. Representatives Dunn, Koehler, and Nelson request to vote 'aye on House Bill 502."

"Is there leave that the Motions of change of vote? Hearing no objections, they shall be SO recorded. Committee Reports."

"Representative Macdonald, Chairman from the Committee on Conservation and Natural Resources to which the following Bills were referred, action taken April 21, 1981 and reported the same back with the following recommendations: Interim Study Calendar, House Bill 121. Representative Davis, Chairman from the Committee on State Governmental Organization to which the following Bills were referred, action taken April 21, 1981 and reported the same back with the following recommendations: 'Do pass' as amended House Bill 604. Representative Leinenweber, Chairman from the Committee on Judiciary I to which the following Bills were referred, action taken April 21, 1981 and reported the same back with the following recommendations: 'Do pass' House Bills 541, 554, 622, 705, 863, 937, and 1006. 'Do pass' as amended House Bills 142, 185, 513, 515, and 780. Representative Abramson, Chairman from the Committee on Public Utilities to which the following Bills were referred, action taken April 22, 1981 and reported the same back with the following recommendations: 'Do pass' House Bill 778. 'Do not pass' House Bill 642. Representative Reilly, Chairman from the Committee on Elementary and Secondary Education to which the following Bills were referred, action taken April 22, 1981 and reported the same back with the following recommendations: 'Do pass' House Bills 695, 814, 975. Do not pass House Bill 86. 'Do pass' as amended House Bill 694. 'Do pass' Consent Calendar House Bill 799. 'Do pass' as amended Consent Calendar 858, 874, 934. Representative 87  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Winchester, Chairman from the Committee on Elections to which the following Bills were referred, action taken April 22, 1981 and reported the same back with the following recommendations: 'Do pass' House Bills 616, 643, 651. 'Do pass' Consent Calendar House Bills 647 and 718."

"I'd like to inform the Members that the TV lights are on and the cameras will be filming. Page nine. On the Speaker's Table there appears House Resolution 69, Representative Telcser. The Chair recognizes Representative Telcser."

"Mr. Speaker and Members of the House, House Resolution 69 is an Amendment to the temporary Rule 50A which provides that if a Member wishes to change his or her vote they may do so orally if it is requested on the same day that the Roll Call was taken. This is as opposed to the mandated system we have now of having to fill out the form and having the Speaker go through an Order of business of change of votes. If you with to change your vote on the same day only that the Roll Call was taken, you can stand up and ask for leave to get that accomplished. If you should wish to change your vote on another day, you..."

"Representative Telcser, just a moment, please. For what purpose does the Gentleman from Cook, Representative Greiman rise?"

"Mr. Speaker, a parliamentary inquiry. Were Amendments offered to House Resolution 69?"

"Are there Amendments offered to the Resolution, Mr. Clerk? The Clerk says, 'Yes, there are'."

"Well, wouldn't it be appropriate to take those Amendments before we took the Bill... before we took the Resolution. Isn't that our normal procedure?"

"Well, I think it would be proper for the Gentleman to explain the Resolution and then we would 88  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 consider any Amendments or Motions on the Resolution."

"Well, that's not the usual procedure as long as we will have a vote, I assume, on the Amendments. Is that right?"

"We'll take the Amendment as it's offered but I was giving the Gentleman the opportunity to explain his Resolution before we did anything. I didn't hear you."

"And then you will revert to Amendments on the Resolution. Is that correct?"

"That's correct."

"Okay. Thank you."

"Representative Telcser, please proceed."

"Mr. Speaker and Members of the House..."

"Just a minute. Representative Kane, the Gentleman from Sangamon."

"Isn't this kind of backwards because by the time we get through the Amendments, the Resolution might be substantially different and then he would be in the position of explaining something entirely different. I think that our usual procedure has always been to take the Amendments up first and then the Sponsor of the Resolution would explain the Resolution to us as it has been amended."

"Well, I really don't think it's any matter for concern. The Gentleman's explaining the Resolution. If it should be amended, he could explain it as amended, but I think it quite proper that he would explain what anybody is trying to amend before we proceed any further. The Gentleman... Representative Matijevich, are you seeking recognition?"

"Yes, Mr. Speaker, for the purpose under the temporary rules and I'm joined by a flock of Democratic Members to insert into the record that I object to this proceeding. And for the record I object that in all of the time that I've served in the General Assembly, I have never 89  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 seen that we individual Members have not given... been given the opportunity to amend a Resolution whereby we can then determine what the permanent rule of this biennium are going to be. What we're really doing today, Ladies and Gentlemen of the House, is something that takes away every individual right of every single Member of this Body. The way we have done it before when we are going to operate under permanent rules, we come in with one Resolution which is going to be..."

"Pardon me, Sir. The Gentleman from DeWitt, Representative Vinson, for what purpose do you rise?"

"Mr. Speaker, I believe the Gentleman is out of order. He's making a protest over something we haven't even heard yet. All you've asked is that the Majority Leader have the opportunity to present his Resolution. No other ruling has been made and I believe that his questions are out of order at this point."

"I believe your point's well taken. Repre.... Representative Matijevich, your objection will be duly noted. I believe the Gentleman's point is well taken. Representative Vinson's point is well taken. The Gentleman from Cook, Representative Bowman. Representative Bowman. Representative Bowman. We've already ruled Representative Vinson's point. Representative Bowman."

"I have another parliamentary inquiry related to your ruling, Sir. Can we be assured that if we are offering Amendments or if we have Bills that we may debate the Bills instead of the Amendments on Second Reading? It seems to me that the logical implication of your ruling is that the Bill (sic) is subject to debate on Second Reading."

"I believe I'll defer to the Majority Leader, Representative Telcser, who I think is going to agree with you. Representative Telcser." 90  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY

TRANSCRIPTION DEBATE 27th Legislative Day

"Mr. Speaker and Members of the House, April 22, 1981 frankly, Mr. Speaker, I believe you were correct in your remarks. I don't think you actually made a ruling. You merely made a suggestion. However, if it will help expedite the debate on these Resolutions and make the Members who have risen in expressing their consternation, I'd be delighted, Mr. Speaker, if we take up their Amendments first to see whether or not they're adopted and then explain the Resolution when it comes to passage stage."

"Representative Madigan. Representative Madigan, were you seeking recognition? Alright, Mr. Clerk, we'll proceed on the Order of Amendments to..."

"Amendment #1, Currie. Amends House Resolution 69 by inserting after the last line of the Resolution the following."

"The Lady from Cook, Representative Currie. Just a moment, please. The Gentleman from... Representative Currie."

"Thank you Mr. Speaker and Members of the House. Amendment #1 to House Resolution 69 would change the temporary rules by requiring a Constitutional Majority vote for ratification of Federal Constitutional Amendments, not State Constitutional Amendments rather than the the present 107. I urge your support for Amendment 1 to House Resolution 69."

"The Lady has moved the adoption of Amendment #1 to House Resolution 69. The Gentleman from DeWitt, Representative Vinson."

"Mr. Speaker, House Resolution 69 amends one rule in the rules. It amends Rule 50 which is the rule that deals with final Roll Call votes. Amendment #1 which the gentle Lady from Cook has offered would deal with something totally different contained in other parts of the rules and, 91  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 therefore; I would move that... I would ask that the Chair rule that her Amendment is non-germane to House Resolution 69."

"Just a minute. Let us take a look at it. House Resolution 69 proports to amend Rule 42D... no... I've got it backwards. House Resolution 69 proports to Rule... amend Rule 50A of the temporary rules. The Amendment #1 proports to Amendment Rule 42D and so I would rule that the Amendment is not germane and the Gentleman's point is well taken. The Gentleman from Cook, Representative Katz."

"Mr. Speaker, what makes your ruling so totally unfair is that you have carefully manipulated the situation so that there is no way that Representative Currie can get a ruling on a critical issue. You have set the matter up so that if she files her Amendment with regard to every rule that you have parceled out on the floor, that you're going to make the same ruling. And, Mr. Speaker, I have been here a long time. I have seen Speakers come and go, but I've seen Speakers willing to let the House Members vote on a proposition. This is a matter, whatever you may personally feel about it, that is of enormous public and national interest. If this Motion of yours is allowed and your ruling is allowed to stand, there will be no opportunity for Representative Currie to amend these House Rules that we're going to be operating on and I appeal your ruling, Mr. Speaker."

"For what purpose does the Gentleman from DeWitt, Representative Vinson, rise?"

"Mr. Speaker, the Gentleman has a simple remedy. He can't debate the issue. He just has to resort to a simple remedy and I believe that we should proceed to whatever he wants to do. He is... debate." 92  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day Speaker Collins: be overruled. April 22, 1981 "He has just asked that the ruling of the Chair For what purpose does the Gentleman from Champaign, Representative Johnson rise?"

"Well I was only rising to make the point of Order that Representative Vinson did after Representative Katz's formented speech finally made the Motion. So let's just call the Motion."

Katz Speaker Collins: "The Gentleman from Cook, Representative has moved that the ruling of the Chair be overruled. The question is, 'Shall the ruling of the Chair be overruled?' All those in favor will indicate by voting 'aye', those opposed by voting. 'no'. Explanation of vote. The Gentleman from Lake, Representative Matijevich."

"Harold Katz..."

"The Gentleman from Cook, Representative Katz."

"Yes, är. Speaker, the Sponsor has asked me to withdraw the Motion and I will withdraw the Motion so we can proceed to other matters. There will be a verification otherwise. We'll go through a lot of time and I've been requested to withdraw it which I do. I withdraw my Motion, Mr. Speaker."

"Gentleman withdraws his motion. I'd like to remind our friends in the media that there's no filming allowed during explanation of votes. The Gentleman from Lake, Representative Natjevich.".

"Although he has withdraw that repeal of the ruling of the Chair, Mr. Speaker, I do wish under the present temporary Rule 69.. I'm joined by my seating colleague, Giorgi under House Rule 69. Any two Members may decend repectfully from any action of the House. They consider injurious to any individual or the public and may have their dissent entered upon the Journal upon their request. I do want to record that dissent and have recorded on the 93  STATE OF ILLINOIS 82ND GENERAL ASSENBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 record that the reason for my dissent is I feel this injurious to me as an individual Member.. I really feel it's injurious to every Member of the General Assembly. Every Member of the House because this procedure, and how we know what the procedure is. This takes away every right of every single Nember. I know that Members evidently are going to vote by party but I've said it befre when you are talking about rules you are not talking about political parties, you are talking about the rights of individual Members. You are injuring yourself by this procedure. I don't think any of us really know what we are doing to precedent when ve do this. You are establishing a dangerous precedence for future General Assemblies to operate in this fashion. What you are saying that from now on evidently that the procedure is going to be that you're going to adopt permanent rules by not allowing a simple Majority on the...on the floor to adopt an Amendment. I don't think that is what any of you really want to do. You are letting your political Party really dominate when you shouldn't. I realize that most things are political in nature. Many things are political, but not the rules of the House, and that...I'll ascend now because I've made my point. I want that into the record. I think it is dangerous. Even Elmer Conti is nodding his head yes. He agrees with me."

"The Gentleman's dissent shall be so recorded. The Ninority Leader, the Gentleman from Cook, Representative Madigan, for what purpose do you seek recognition?"

"To request that my name be added to those entering a dissent."

"Add the Gentleman's name. If there are further additions, why don't we just give them to the Clerk in the 94  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 well. They will all be added. The Gentleman from Sangamon, Representative Kane, for what purpose do you seek recognition?"

"To explain my non-vote or my vote."

"I believe that is out of order. Are there further Amendments?"

"Floor Amendment..."

"Just a minute. The Lady from Cook, Representative Chapman, for what purpose do you rise?"

"A point of inquiry. I would like some information please, Sir. I would like to ask the Sponsor of House Resolution 69 what his plans are since he is the Sponsor of a whole string of Resolutions that provide for us on the floor the chance to vote 'yes' or 'no' on the decisions that the Rules Committee has made for changing the temporary rules. I would like to inquire of the Sponsor of this Resolution when the Members of this House will have an opportunity to offer their own Amendments to the rules of this House and do what we have done in every one of the other Sessions at which I have been seated in this House, to have an opportunity to amend and vote on permanent rules whether we're beaten or not to have an opportunity to amend the rules of this House. Each one of us is a Member. We are not all Members of the Rules Committee, but each one of us is a Member and many of us have fought hard over the years for Members to be heard, for Members to be involved, and I would like to ask the Sponsor of this Resolution how he plans to give or whether he plans to give the Members of this House an opportunity to offer Amendments to the rules and have them voted up or down as the case may be."

"Personally I think the Lady's question is rhetorical and untimely, but the Majority Leader indicates he would like to respond. Representative Telcser." 95  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"Well, Hr. Speaker and Members of the House, to answer the Lady's question... I see her smiling. Representative, it is a serious matter, don't laugh and smile. I reflect back upon the last four or six years in the Assembly. Speaker Redmond presided, was a fine Speaker, a fine Gentleman, and a Member of many years service for whom we all had a great deal of regard. I recall a couple of the Sessions, and one of the Sessions ve adopted permanent rules in June of the even numbered year of that two-year Session. Perhaps we can look at an old Journal and ascertain just when that was done. In another one of the Sessions that the Gentleman from DuPage presided as Speaker in a distinguished fashion we adopted permanent rules in Nay or June of the odd-numbered year. So if we're going to follow the Gentleman's pattern from one Session to the other, I must admit to you that I am going to quandary to follow the pattern of your leader. And your Speaker who was elected from your side of the aisle at what point in time in the Session to have so-called permanent rules adopted. Let me simply say to the Lady from Cook that the temporary rules are in effect permanent rules. Our Rules Committee met early in the Session, I think earlier than any other Session, to take suggestions from Members so that ve can at least change a temporary rules, which are really permanent rules, I might add, so Members could participate early in the Session. We've done that. I can't answer your question at the moment, Representative, because we want to reflect some more on Speaker Redmond's tenure to establish some sort of a pattern, but I would say that this evening opportunities are being offered to vote up or down Amendments to Resolutions or Resolutions themselves to alter the rules we're functioning with right now SO the Session can proceed. Thanks for your question." 96  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"Are there further Amendments, Mr. Clerk?"

"Amendment #2, Currie, amends House Bill... House Resolution 69 by inserting after the last line of the Resolution the following."

"Representative Currie offers the Amendment. Representative Madigan, the Minority Leader, is seeking recognition."

"Mr. Speaker, simply to implore upon you to deviate from the tactics that we've seen displayed from that chair from the beginning of this Session, I just saw you look at Mr. Kane who was seeking recognition. You looked away and moved on to further business. The Gentleman is a Member of this House. He occupies the same status that you do. If he seeks recognition, he should be recognized. You know that."

"The Gentleman has already..."

"You all know that whenever I sat in that chair, and you sought recognition, you were recognized."

"The Gentleman has already been recognized twice in this debate. He will be recognized on this Resolution. We were in an extraneous dialogue that I thought was out of Order, and we should move on to the next Amendment. The Gentleman... the Gentleman will be recognized on the Amendment and on the Resolution in due course. He was not being ignored. The Lady...the Lady from Cook, Representative Currie, offers Amendment #2 to House Resolution 69."

"Thank you, Mr. Speaker and Members of the House. Amendment #2 to House Resolution 69 would lift the ban on the introduction of a Constitutional Amendments more than once per Session. Although the Parliamentarian ruled that the first Amendment was not germane, I would urge him to reconsider on the grounds that what we are doing tonight is 97  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 dealing with Amendments to the temporary rules. Amendment #2 to House Resolution 69 is an Amendment to the temporary rules. And it seems to be unacceptable for this House to decide that that is not an. appropriate procedure. Representative Telcser suggested that these are really permanent rules. He only wants to call them tempoгагу rules. The effect of calling them temporary rules is only to keep individual Members from the opportunity to offer Amendments on the floor. He is telling us that indeed we're absolutely right, those of us who are complaining about his procedures and his practices. We are absolutely right that he is trying to make substantial substantive changes in the rules under which this House operates. Every single time in the past that this House has made those substantive and substantial changes each of us as individual Members has had an opportunity to offer on Second Reading subtantive substantial changes of our own. The objections that we're raising to the practice of tonight, a practice which I will hope the Parliamentarian will reconsider is to recognize both substantively that what we're dealing with tonight are permanent rules for this House and to recognize that to the extent you want to call them temporary, then any Amendment to the tempoгагу rules should be held germane to any other Amendment to the temporary rules."

"The Gentleman from Cook (sic), Representative Vinson."

"DeWitt, Mr. Speaker."

"It's a long way. DeWitt." Vinson: to House "I would object that the Lady's Amendment Resolution 69 is non-germane. Her Amendment purports to amend Rule 42 and House Resolution 69 only deals with Rule 50, and I believe that that is grounds for ruling that the 98  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 27th Legislative Day Amendment is non-germane."

"Mr. Clerk, let us see that. The Gentleman from Sangamon, Representative Kane, for what purpose do you seek recognition?"

"Before you make that ruling I would...or rule on that question I would draw your attention to House Resolution 5 which we adopted on the first day of the Session which made last Session's permanent rules this Session's temporary rules, and it is clear from that Resolution that any rule can be inserted as long as we're dealing with the rules, and I think that if you look at the structure of House Resolution 5 you'll see that any Resolution dealing with the rules, that any Amendment to any other rule is germane."

"Well, first of all, I want to rule on the Amendment #2. The Gentleman's point is well taken, and the Amendment is not germane for the reasons previously stated on the...on Amendment #1. Representative Katz has been seeking recognition and Representative Greiman, and I see the Assistant Minority Leader, Representative Lechowicz. Who would like to go first? Representative Lechowicz."

"Well, Mr. Speaker, how in the world can you make that ruling when Doug Kane pointed out to you that the Amendment was adopted...the Resolution was adopted stating the fact that temporary rules are in order and that in every previous Session when an Amendment was offered to the rules, it was given because it was an Amendment to the rules. Now I believe in order...before you could make a ruling on the previous question you would have to address yourself to Doug Kane's remarks and also his statement on Resolution #5."

"Well, we would thank the Gentleman for a suggested course of action and rule that his point was not 99  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 well taken. Representative Greiman, the Gentleman from Cook."

"Thank you, Mr. Speaker. The ruling of germaneness is a difficult one for chairs generally, and we all respectfully sympathize with the agony that you must be going through in determining germaneness. However, there are some guidelines and the Rules Committee this very year adopted them. One of the Republican Members of this House offered an Amendment to the rules in the Rules Committee that germaneness be limited to the Section of the...of the revised statutes so that if you offered a Bill which amended something other than the revised statute Section, that that would not be germane. That might have been a guideline for germaneness for this House. The Rules Committee which you control, your Party controls, rejected that suggestion. Therefore, if you are to follow the intent of the Rules Committee you must not rule merely because the Sections are different, that one cannot amend a rule. You are going contrary, Sir, to the very intent of the Rules Committee, and I would respectfully request that you revise your...your ruling."

"The ruling of the chair is that Amendment #2 to House Resolution 69 is not germane. Representative Bowman, the Gentleman from Cook."

"Thank you, Hr. Speaker, Ladies and Gentlemen of the House. On this...on your ruling, I, too, would object. Rules are designed to expedite business, not to impede it. The practical effect of the Resolutions offered by Representative Telcser is to break the rules up, call them temporary or permanent, I don't care, but break the rules up into little tiny pieces obviously for the purpose of trying to fight off Amendments that are not pleasing to the Representative simply because he doesn't happen to like 100  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 them. He doesn't want to have a Roll Call on them. The net result, the logical implication of your ruling if you persist, Mr. Speaker, is that this will simply be an encouragement to anybody else here in the Assembly to offer their legislation and their Resolutions in tiny little bits and pieces, and we'll have 15 times the number of Roll Calls that we really should have on any issue. I urge you to reconsider your position. It just leads to a state of collective idiocy."

"The Gentleman from Marion, Representative Friedrich."

"Mr. Speaker, I believe you've ruled, and I think the recourse available to the people who object is to appeal the ruling of the chair."

"Your point is well taken. The Gentleman from Sangamon, Representative Kane, once again."

"Mr. Speaker and Members of the House, it is obvious that the Speaker and the Republican leadership is not going to allow the Membership to vote on the rules, and I would suggest that there are going to be a number of occasions between now and the end of the Session when various Members are going to ask for unanimous consent to do this or that, and I apologize to the Members of the House at this point, but I and several other Members who have joined with me will not grant unanimous consent to anything until everyone is treated fairly. As long as some of us are not being treated fairly, I don't think... I think that we will all have to suffer under the tyranny of the present Speaker. And for those of you who will be asking for unanimous consent in the future, that consent will be denied."

"The Gentleman from Cook, Representative Katz."

"Mr. Speaker, the House of Representatives has become the House of demogoguery. The Speaker is not up there. What 101  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 is taking place is that the ancient rule that 89 people can do whatever they want to in this House is being flawed by the chair. For some reason the Speaker seems unwilling or afraid to let 89 Members of this House vote on any rule that they want to. And why everyone sits by while some of my colleagues on the other side are so little addicted to the Democratic process that they will see it go this way and on the basis of some Party loyalty go after democracy and go after representative government, I am not able to see. But I want this record to reflect that I am not only ashamed of the Speaker, I am ashamed of my colleagues on the other side who are not really willing to stand up for Democratic government, whatever they may feel about the particular issue that Representative Currie has raised."

"The Lady from Cook, Representative Catania."

"Thank you, Mr. Speaker and Members of the House. I do feel like something of a Minority in the Majority over here. I think it is becoming quite clear to everybody what is happening. The reality is that the opportunity that has been given every Member, every Session in the memory of everybody here, including the Speaker and me since we were elected in 1972, is being denied us this Session. And it appears to those of us who've been going to all the Rules Committee meetings very faithfully, that it is being denied us for one reason. The reason that our voters are being disenfranchised and our rights as Members to represent them and vote on our own rules which are, as was just pointed out, to expedite business not to hinder business is that we don't want the Equal Rights Amendment to have a chance to get ratified this year in this House. And so we don't want to let the Members have a chance to vote on the rule which is unlike any rule on any other Legislature in the United States of America which says that we will require a 102  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day three-fifths vote to ratify Federal Constitutional Amendments. We're not going to get a chance to vote on whether we want to do that or not. I happen to have the privilege this year of being the principle Sponsor of the Equal Rights Amendment, and my rights are being trampled. And your rights can be trampled in the same tyrannical fashion any time if you support this kind of tyranny which is exactly the kind of tyranny that this country was established to escape. I plead with you to realize that you can be the Minority any time. And this country was established to defend the rights of all people whether they happen to find themselves in the Minority on any given day or not, and I ask you to stand up for that. These rules are the carefully picked rules selected by the Majority in the Rules Committee to be moved out for our consideration. If you want to abrogate your rights and the rights of all the people who voted for you, then roll over and play dead and vote for these rules. If you want to stand up for America and the rights of all the people in America, then don't vote for these carefully hand-picked rules. I hope you'll all vote 'no' or 'present' on the whole package."

"The Gentleman from Marion, Representative Friedrich."

"I just wanted to ask you a question. What is the Order of business before the House? I thought you had made a ruling. What else is before the House?"

"I have made the ruling, and that is the Order that we are on. There have been a number of Members that wish to express themselves, and the chair has been recognizing them. The Lady from Kane, Representative Zwick."

"Thank you, Mr. Speaker. I...as a freshman and proabably not as familiar with all of the intricacies of 103  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 parliamentary procedure and the rules that we seem to be going through, but when I was running for office I thought that I was going to be able to come here and take part in voting the principle of a Majority rule. And I am personally upset that we're not going to have...well, it appears that we're not going to have an opportunity to vote on an issue that is really of national significance. It is not just the State of Illinois House of Representatives at this point in history, and I would just like to go on record stating that I think on this particular issue that has been brought up, I don't know how it can be done but I think that it is very important that we have a vote on the Majority issue for Constitutional Amendments on this floor. And I don't know exactly how we can achieve it. Perhaps there are some here who do, but I would like to urge this House to consider that proposition. Thank you."

"The... the Gentleman from Cook, Representative Ewell."

"Mr. Speaker, somtimes we learn by our folly. I think it is utter folly for the Hajority Party to beat the Minority Party without even letting them play in the game. It's sort of a tradition in the American way of life that at least you play a team. You know you've got the troops. You know you've got the horses, but at least you play them and you beat them. Now your failure and your shortsidedness to try to understand that at least the people on this side of the aisle and the people on the other side of the aisle who might have similar preferences on an issue at least ought to have the right to be heard. To deny them the right to be heard will be utter and sheer folly. We as Democrats on this side of the aisle and those of you who have independent philosophies on the other side of the aisle, we live in a bicameral Legislature. There 104  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 are two Houses, and if the Democrats in the Senate turned a hardened heart to your pleas and to your Bills, and should they turn a hardened heart in Committee as you have turned your hardened heart to us, we will all perish. And, Gentlemen, that is not a very pleasant sight. I'd say to you we'll be here on the 29th of June, and we'll have one massive Conference Committee report. It will probably exceed the height of the Bills that have already passed your desks, and on that occasion none of us will have a right to be heard or much less even know what is going to be in the Bills. I think that we ought to have a Democratic process, a free and open debate. If we lose, we lose, but at least give us a day in court. For if your hearts harden today and you bring upon us your rath, we say to you that there will be rath that comes from the other side of the aisle. There will rath that comes from the Senate for they will not be so kindly disposed to look at your malificant deeds. And I suggest to you that you hear us now and let us sit down and try to reason together. Let us try to meet upon the field of honor and do those things which honorable men would do. And I plead with you. Mr. Speaker, could I have a little attention?"

"A little Order. Give the Gentleman a little Order."

"And so as I said, plead with you. Try to understand that the things you do today, the stones you fling into the air will come back upon your glass houses tomorrow. And so I ask in a sense of reasonableness and fair play, why not join with us and at least give us a day in court? And I plead with you for once more and perhaps a final time because the day of reckoning is not far."

"The Gentleman from DeWitt, Representative... Representative Vinson, for what purpose do 105  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 27th Legislative Day you rise?"

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. What is being discussed here is a ruling that you have made on the question of germaneness. Nothing more, nothing less than that. The subject of germaneness and the reason why in parliamentary law that we have recognized germaneness is because if you don't recognize germaneness as a method of overruling a proposed Amendment, you then get a situation that is chaos. You get a situation where, for instance, in the Federal Congress, debt limitation ceilings can have every other issue attached to them, and in fact a small group can attach to that debt ceiling a loaded gun - blackmail. Now, Mr. Speaker, the germaneness...their germaneness issue is something that there is a remedy for. If the chair...if the chair makes a ruling on germaneness, there is a remedy for that. That remedy is available to every Member of the chamber. Any Member of the chamber, bad Mr. Katz, bad Mr. Ewell, bad Mr. Greiman, bad Mr. Matijevich, bad Mr. Madigan has a...an appeal. They can appeal the ruling of the chair, and there is a simple Majority vote on that issue. Now if they wish to do that, we can proceed in a thoroughly Democratic fashion and have a vote. What they have chosen to do is withdraw and refuse their redress. If they are willing to do that, it is because they recognize that the Majority rules in this House now as it always has. There is no tyranny in this House. There never has been because there is always that redress. And what they are doing is failing to exercise their right of redress because they know they don't have the votes because the Majority is in favor of these rules as we have proposed them. And I say to you, Mr. Speaker, that I appreciate your ruling, and I hope we can get on with this business so that we can adopt rules of 106  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 efficiency and put that issue behind us."

"I have Members on your side of the aisle seeking recognition, but Representative Matijevich, the Gentleman from Lake, on a point of Order."

"My point of Order is because I thought after that explanation he has really told us that his point of Order as to germaneness really refers to legislation, even by his explanation. So I make the point of Order, Mr. Vinson, that you tell this House under what rule you are making the point of Order of germaneness and..."

"Mr. Matijevich, if you will, it is not for Mr. Vinson to discuss a point of Order with you on the floor. If you have a point of Order, you raise it with the chair."

"Alright, I make the point of Order that he did not...he did not state a rule under which point of Order he put before the Body, and I now make the point of Order that all he said was germaneness. He did not cite a rule, and that is my point of Order. I now am going to question that because I think I've got a right to say if you're going to make a point of Order, I mean, many of us don't state under what rule, but I've got the right to ask under what rule are you making that point of Order? And I think I've got a right to ask that it be read because I think if it is read I think this Membership will find that those who are appealing have a legitimate cause. And I think, you know, even if this isn't timely, if we're really operating fairly, why don't you just ask Sam Vinson. Under what rule are you...are you...questioning germaneness?"

"I made no ruling on Mr. Vinson's point, and I don't understand your point of Order. If you want to ask Mr. Vinson a question why don't you walk over here and ask him...your point is not well taken."

"Well the hell it isn't." 107  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"The Gentleman from St. Clair, Representative Flinn."

"Mr. Speaker, I don't know what Motion we're talking on or what the Order of business is. I would like to move the previous question if I wouldn't be out of order."

"I want to recognize Representative Braun who has been waiting quite patiently and..."

"Well, did you hear my Motion?"

"I did not hear you."

"Well, I don't know what Motion or what Order of business we're under, and I wonder if I would be out of Order if I moved the previous question?"

"There...there is no question before us, Representative Flinn."

"What are we talking about then?"

"I have...I have ruled Amendment #2 is not germane, and there has been a lot of discussion on it which may or may not be in Order."

"Well, I would like to move that the chair be overruled, and I am going to vote against my own Motion."

"Alright, the Gentleman has moved that the ruling of the chair be overruled. Does Representative Braun, the Lady from Cook,...do you seek recognition?"

"Yes, thank you, Mr. Speaker. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This appears to be a night for cowardice in the Illinois General Assembly. It is a night for cowardice because for one thing the elected Speaker of this House is not in the chair as we take up on of the more important issues of this Session. It is a night of cowardice because we are not given an opportunity to consider the Motion which would bring to the attention of this House the requirements for passage of Federal Constitutional Amendments. It is a night of cowardice 108  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 because we're not going to have an opportunity to vote on the issue of those Amendments, and by virtue of a procedural trick, by virtue of a ruling on germaneness, or whatever else you want to call it, those of us who are concerned about this issue are being denied our opportunity to have the issue brought to this floor and discussed and vote on in a Roll Call vote that the public can see. We will not stand by, Mr. Speaker, and watch this kind of procedural cowardice to avoid the substance of the issue of the Equal Rights Amendment. We will not sit idley by while this House slinks away under cover of night to avoid addressing what our rules should be regarding the passage of Federal Constitutional Amendments, an issue which has gripped the attention of this entire nation. And, Mr. Speaker, I would like to share with the Members the word that Francis *Gremke* speaking to the issue of procedural fairness in a Democratic system. It is our duty to keep up the aggitation of our rights not only for our sakes but also for the sake of the nation at large. It would not only be against our own interests not to do so, but it would be unpatriotic for us to quietly acquiesce in the present condition of things for it is the wrong condition of things. If justice sleeps in this land, let it not be because we have helped lull it to sleep by our silence, by our indifference. Let it not be from lack of effort on our part to arouse it from its slumbers. Mr. Speaker, Ladies and Gentlemen of the House, I think that the ruling that this chair has made tonight, the Motion coming from the Majority in this Legislature is probably one of the most cowardly things that I have seen happen in this Illinois General Assembly. I am ashamed by it. I think the people of the State of Illinois will be ashamed by it. I think we will be held up to ridicule in this entire country by our 109  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 refusal to face up to an issue which is our responsibility and our duty to all of the people of this country to consider. And, Mr. Speaker, with that, I would like that this vote be an Verified Oral Roll Call vote so that we can have something to take back to the people in the State of Illinois who are concerned about this issue to at least hold up and sa y some of us were not afraid. Some of us were not afraid to face the issue of the rules of this Legislature under which Federal Constitutional Amendments will be considered. Thank you."

"Por what purpose does the Gentleman from Cook, Representative McAuliffe, arise?"

"Well, Mr. Speaker, I think you've been more than fair and more than patient with all these people. Why don't you set the clock...put the time clock on so we don't have to listen to this all night long. I assure you, I have more important things to do than sit and listen to this all night long. They are just not going to quit. They'll be talking here all night long. You've got the time clock up there. Put the timer on them."

"Your point is very well taken and, Roger, we'd like to know what those things are. The Gentleman from Wayne, Representative Robbins, for what purose do you arise?"

"I guess...I guess you'd call it a point of personal privilege. I lost out..."

"State your point."

"...The television cameras are gone. The press is asleep. These are the rules that we lived the whole last General Assembly with under which the Party which is objecting helped vote in. Now let's get down and vote on the things, up or down. If they are germane, that is fine. If they are not, let's have it overrule the chair. Let's 110  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 get down to business."

"The Gentleman from Champaign, Representative Wikoff."

"Thank you, Mr. Speaker. I believe we have a Motion on the floor. Isn't it Order of Business to vote that Motion up or down? I don't believe it is debatable."

"Representative Flinn, the Gentleman from St. Clair, do you persist in your Motion?"

"Well, either I could withdraw it or I could move the previous question. It would stop the debate, wouldn't it? I'm trying to stop the debate because we're not accomplishing one single thing here. You know, every time one of us get up we borrow 176 pairs of ears."

"Well, Representative Flinn, would you..."

"I'm getting tired of loaning mine out."

"If you would wait just one moment I think there is only one other Member seeking recognition, and that is the Lady from Cook, Representative Stewart. And then we can see where we're going from there."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Perhaps there are some of those...perhaps there are some of us in this chamber who have more important things to do. Those...and for those of us who do, I suggest that we don't stand for re-election next time. The question before this House is whether or not the individual Members here have a right to vote on the floor the rules under which this House shall operate. I think that we are all doing ourselves an injustice if we can't see this picture, and I would suggest that we pay...pay close attention to what has happened and that we understand that for...on this particular issue that we are in the position of doing something very dangerous, and I would suggest that we think about the larger overall picture. Thank you." 111  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"Alright, the chair has ruled that Amendment #2 to House Resolution 69 is not germane. Is there any Motion pertaining to that ruling? Are there further Amendments to the Resolution?"

"No further Amendments."

"The Gentleman from Cook, Representative Telcser, to close."

"Mr. Speaker, Members of the House, I think House Resolution 69 has been debated well. We explained the Resolution, and I now offer and move the adoption of House Resolution 69."

"The question is 'Shall House Resolution 69 be adopted?'. Those in favor will indicate by voting 'aye', those opposed by voting 'no'. The Lady from Cook, Representative Braun, to explain her vote. One minute."

"No, Sir. I think I called for an Oral Verified Roll Call on this, and I would like to be joined in that request."

"You may...you may request a Verified Roll Call. That is your right."

"An Oral Verified Roll Call, Sir."

"The Gentleman from Marion, Representative Friedrich."

"Mr. Speaker, I would just like to suggest to the Members that unless we change these rules any Bill you've got that isn't out of Committee next week is dead. Now I don't believe that many of you want that. If you do, then just keep on dragging your feet, and we'll be out of here by about May 1 because all of the business of the House will be over with. But you may not be very happy with your constituents. CTA included."

"The Lady from LaSalle, Representative Breslin, to explain her vote."

"Mr. Speaker, I am voting 'no' on this Resolution 112  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 because quite frankly I don't think the vast Majority of the Membership even knows what the actual Resolution deals with. What we are voting on is whether or not we will take permanent rules or whether or not we will allow the Speaker of this House to bully us into operating with tempoгary rules and only those rules that he has decided we shall discuss. I quite frankly don't think that the Speaker who is in the chair really holds that view. This view is the view held by Speaker Ryan. George Ryan was elected by you and I. There is no reason why he should have more authority than you and I and be able not to take the heat on this issue. He should be in that chair. My question of this Speaker is where is the real Speaker? Why isn't he here, and why is he afraid to discuss this issue and every other issue that will be confronted here tonight? It is his program. Where is he?"

"The Gentleman from Livingston, Representative Ewing."

"Mr. Speaker, I would like to check the voting record. I doubt that the last speaker ever voted for George Ryan for Speaker."

"The Gentleman from Cook, the Minority Leader, Representative Madigan. Your light was on, Representative Madigan. The Gentleman from Cook, Representative Vitek."

"Mr. Speaker, I've been listening to all this political...speeches that our...both sides of the aisle are making, but looking at my memorandums here from the Democratic House staff, House Resolution 69 Rule 50A, change of votes. What in the world has Amendments got do with change of votes. I agree with the other memorandum here that it provides that after a recorded roll vote which explains this. That's what we're talking about. We're not talking about any Amendments or anything. We're talking 113  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 about Rule 50A, change of votes. Why are you people all making these political speeches and for what purpose? I am voting 'present'."

"The...the Lady from Sangamon, Representative Oblinger. The Gentleman...the Gentleman from Cook, Representative Kelley."

"Yes, Mr. Speaker and Members of the House, I certainly concur with Representative Vitek. What we're talking about, and I have never been a supporter of the Equal Rights Amendment, and I am voting against this issue because I belive that you should have an opportunity to change your vote the following day. Many times you may not be available or you have a second thought, and it might...several times a colleague may vote your switch the wrong way. This would only give you the opportunity to change your vote the day of the issue, not the following day. I think the rule should stay the way it is. That is why I am voting 'no'."

"The Gentleman from Will, Representative Leinenweber."

"Thank you, Mr. Speaker. After hearing Representative Friedrich's statement in explaining his vote I wonder whether I am voting right. If, by killing these Resolutions, we can reimpose the Bill debt line so that all these Bills that are still in Committee will go down the tubes next week. If you take a look at your Bill synopsis and see the amount of bad Bills you people have put in...I think that is the best reason to vote 'no' on this thing that I can think of."

"The Gentleman from Cook, the Minority Leader, Representative Madigan."

"Mr. Speaker, Ladies and Gentlemen of the House, I rise to explain my 'no' vote. But first, let me offer to the 114  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Body the information that this particular Resolution... Resolution 69 does not deal with the question of deadlines. The question of dealines will be treated by House Resolution 77 which is further down the list. My 'no' vote is a vote of protest against the tactics and the method of operation by the other side of this aisle from the very beginning of this Session. What we are observing tonight is the final product in a process which was developed and engineered by a small clique of individuals on the Republican side of the aisle. This was engineered earlier in the Session. It was designed to preclude participation by a significant group of people in this Body, preclude those people from participating in the normal process of debate, discussion, and Amendment. All through the legislative process whether it be a Resolution OF a Bill, every Member has a right to offer Amendments, but in this instance because of the clique on the other side of the aisle, there will be no effort, there will be no opportunity to offer Amendments on one critical issue. My opinion is that that is not fair, that it is completely contrary to the process that should be followed in this House. And because of the method by which it was done and because of the exclusion that it represents, I will vote 'no' on this particular Resolution."

"The Gentleman from Lake, Representative Matijevich, to explain his vote. One minute."

"Yes, I would explain my vote because I like this rule change. It is an improvement. However, I would rather vote for one where you can't change your vote at all like they do in the Senate. However, I, too, am voting as a protest because of the process. I would like to tell Representative Robbins you have a bad memory. I recall last Session that you voted for that Pledge of Allegiance 115  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 change. That came from your side of the aisle. That was by a Majority vote on your side of the aisle. All we want to do is keep that same procedure. We were fair to you by a Majority vote. That is all we're talking about is fairness."

"Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. The Gentleman from Cook, Representative Telcser."

"Mr. Speaker, can I have this on Postponed Consideration?"

"The Gentleman asks to put this on Postponed Consideration. Postponed is right. House Resolution #70. The Gentleman from Cook, Representative Telcser, is the Sponsor of the Resolution. Are there Amendments to the Resolution?"

"Floor Amendment #1, Greiman, amends House Resolution 70 by deleting Subsections B and C and so forth."

"The Gentleman from Cook, Representative Greiman, moves the adoption of Amendment #1 to House Resolution 70, Representative Greiman."

"Thank you, Mr. Speaker. I think that Resolution 70 is totally ill-advised. However, in an effort to...because I fear it may well pass, I have an Amendment to offer. As I read Resolution 70 there is an effort to set up Subcommittees that could keep your Bills locked up in Subcommittee. It imposes the...70 imposes the same rules for voting in Subcommittees that are voted in the Committees themselves. That would mean that a Majority of the Members of that Subcommittee would have to approve your Bill for that Bill to get out of Subcommittee. How many times have we come to a Subcommittee meeting and been all alone? How many times have there been one Member, perhaps 116  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 two Members? So rare is it that we have a Majority that no Bill...no Bill would ever get out. Moreover, we have the question of discharging a Bill from a Subcommittee so that you might have to have an extraordinary vote in the Committee itself to get a Bill out of Subcommittee. Now our Subcommittees are...are part of a thoughtful process. We don't have ourselves so organized and so institutionalized that we require only the Subcommittee can deal with the Bill before the Committee can deal with the Bill. What you would do is give an incredible amount of power to people who don't come to Subcommittee meetings. People who aren't interested in the process. And your Bills and my Bills, and that is whether you're Republican or Democrat doesn't make any difference, would end up on the floor of the Subcommittee - no way to get out. Now this Amendment tries, tries to help a little bit anyhow, and it says that at least it gets a favorable recommendation. If a Majority of the Members of the Subcommittee present and voting approve it, that would be enough to give it a favorable recommendation out of the Subcommittee. Moreover it provides that a Majority of those present and voting on the issue of a Committee itself can discharge a Bill from a Subcommittee. Frankly I hope that...whether the Amendment is adopted or not Resolution #70 will be defeated simply because it is ill-advised. I...I...the Amendment...Amendment #1 tries to help what is a bad Resolution. It helps it only a little bit. I hope we will defeat this Resolution. Not for partisan reasons, but because it is a bad thing for all of the Members who have Bills. Thank you."

"The Gentleman has moved the adoption of Amendment #1. Is there discussion? The Gentleman from DuPage, Representative Hoffman." 117  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 27th Legislative Day

"Thank you very much, Mr. . Speaker and Ladies and Gentlemen of the House. If my memory serves me correctly, the...Rule 70 is a suggestion that I made to the...to the Rules Committee. It seemed to me that the decision in the Subcommittee should be consistent procedurally with the Committee function. By that I mean that in order for a Bill to pass out of the Committee under our present rules you need a Majority of those people appointed to that Committee to vote in favor of moving that issue. My suggestion was that the same thing be true in the Subcommittee that a Majority of those people appointed to that Subcommittee would have to vote favorably to get it out of the Subcommittee. On the other hand it provided that...that the Committee could, by a Majority vote of those people appointed to the Committee the same as moving a Bill out of the Committee, could take a Bill that had not been reported out favorably by the Subcommittee for consideration of the Committee as a whole. Ladies and Gentlemen, it seems to me that we ought to be consistent on that issue. And by that I mean that we ought to treat Bills in the Subcommittee procedurally the same way that we treat Bills in Committee. For that reason I oppose the suggestion made by the Gentleman from Cook to amend House Resolution 70. I believe it should be passed as it has been submitted to you."

"Is there further debate? The Gentleman from Cook, Representative Greiman, to close."

"Well, consistency is a wonderful word, and if we had 435 Members like the Congress, and a Judiciary Committee had 51 Members, and the Subcommittees had 18 Members, I might agree. I might think that was sensible. But that is not the case. The Judiciary Committee, for example, in this Body has what, 15 Members I think. Subcommittees are 118  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 27th Legislative Day three Hembers. If somebody isn't there, if a couple of people aren't there, that is it. That is the end of your Bill. It dies in Subcommittee. Now, it just seems to me that that stifles debate. That stifles thoughtful Committee work, and to require the same number, the full number of Majority of a Committee before that Committee could even discuss the Bill seems absolutely to be a mindless kind of suggestion. My friends, it seems to me that if we are to have any kind of system that protects not the Majority, not the Minority, but just Members so their Bill gets a hearing in Committee, we must at minimum adopt this Amendment and at maximum ultimately defeat this Resolution 70."

"The question is 'Shall Amendment #1 to House Resolution 70 be adopted?'. All those in favor will indicate by saying 'aye', those opposed by saying 'no'. In the opinion of the chair the 'nos' have it. Amendment #... In the opinion of the chair the 'ayes' have it, and the Amendment #1 is lost. Are there further Amendments?..."

"Amendment #2..."

"Mr. Clerk, Mr. Clerk, all those in favor of the Amendment will indicate by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question...on this question there are 75 'ayes', 76 'nos', three voting 'present', and the Gentleman asks for a poll of the absentees. I hear you. Poll the absentees, Mr. Clerk."

"Poll of the absentees. Alstat, Bluthardt, Epton, Pawell, Flinn,..."

"Fawell, 'no'."

"...Hallstrom, Huskey, Jackson, Dick Kelley, Koehler..." 119  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"Kelley, 'aye'."

"Kosinski, Kucharski, Laurino, Macdonald, Preston, Redmond,..."

"Redmond, 'aye'."

"Sandquist..."

"Mr. Clerk, we didn't hear Representative Koehler. She desires to be recorded as voting 'no'. Representative Macdonald wishes to be recorded as voting 'no'."

"Continuing with a poll of the absentees. Sandquist, Schraeder, Irv Smith,...

"Representative Hallstrom, 'no'. Representative Alstat, 'no'."

"Vitek, Younge, and Zito."

"What is the count, Mr. Clerk? 77 'aye', 81 'no', three voting 'present', and the... Representative O'Connell wishes to be recorded as voting 'aye'. Any other absentee? Representative Vitek wishes to be recorded as voting 'aye'. Representative Smith... Representative Smith desires to be changed from 'aye' to 'no'. Representative Mulcahey, 'aye'. Representative Preston, 'aye'. There are 80 voting 'aye,... Mulcahey vas voting 'aye', yes. The count right now is 80 'aye', 82 'no', and the Gentleman has asked for a verification of the prevailing side, the negative. Proceed with the verification. Representative Wolf. The Gentleman from Cook, Representative Wolf, what purpose do you rise?"

"Well, Mr. Speaker, I just wanted to compliment you on your fairness in allowing the Minority Party Caucus Chairman to occupy the observer's seat on the podium. He gets the TV first. I think it is very fair."

"Thank you. Proceed with a verification of the negative, Mr. Clerk." 120  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981

"Poll of the negative. Abramson, Ackerman, Alstat, Barkhausen, Barnes, Bartulis, Bell, Bianco, Birkinbine, Boucek, Bower, Collins, Conti, Daniels, Davis, Deuchler, Deuster, Jack Dunn, Ralph Dunn, Ebbesen, Ewing, Fawell, Findley, Virginia Frederick, Dwight Friedrich, Griffin, Hallock, Hallstrom, Hastert, Hoffman, Hoxsey, Hudson, Johnson, Karpiel, Jim Kelly, Klemm, Kociolko, Koehler, Kustra, Leinenweber, Macdonald, Margulas, Martire, Mays, McAuliffe, McBroom, McCormick, McCourt, McMaster, Ted Meyer, R. J. Meyer, Miller, Neff, Nelson, Oblinger, Peters, Piel, Polk, Pullen, Reed, Reilly, Rigney, Robbins, Ropp, Schuneman, Irv Smith, Stanley, Stearney, E. G. Steele, C. M. Stiehl, Swanstrom, Tate, Telcser, Topinka, Tuerk, Vinson, Watson, Wikoff, Winchester, J. J. Wolf, Woodyard, and Mr. Speaker. That concludes the poll of the negative."

"Are there questions of the negative? I guess Representative Greiman left his seat so he must have dropped his request for the verification. Alan, that's as fast as you've move since you left Hyde Park."

"South Shore, South Shore. I thank you, Mr. Speaker, for the courtesy of using the office there. Mr. Davis."

"Representative Davis. Is he on the...is the Gentleman on the floor? He's in his seat."

"Representative Karpiel."

"Representative Karpiel is standing in the aisle."

"Representative McAuliffe."

"Representative McAuliffe...is the Gentleman on the floor? Well, whatever it was that was more important... How is the Gentleman recorded?"

"The Gentleman is recorded as voting 'no'."

"Remove him, Mr. Clerk."

"Representative Meyer. Oh, I see him. I see him, never 121  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 27th Legislative Day mind. Representative Ropp."

"Representative Ropp is in his chair."

"Representative Stanley."

"Representative Stanley...is the Gentleman on the floor? There he is in the back of the chamber."

"Representative Stearney."

"Representative Stearney... Representative Stearney is standing in the center aisle."

"Representative Conti, is he with us?"

"Representative Conti is in the center aisle."

"Okay. And by popular demand, the Speaker. And there has been some question whether he is in the environ, so if we could just see his corporial self."

"Remove the Speaker from the Roll Call for the time being, Mr. Clerk."

"Called your bluff."

"Are there further questions to the negative?"

"No further questions."

"What is the count now, Mr. Clerk? Currently the vote is 80 'aye' and 80 'no', and we're waiting for the Speaker, but the.... Speaker has just returned to the chamber. There are now 80 voting 'aye', 81 voting 'no'."

"I was glad he wasn't with Representative McAuliffe. Thank you."

"And the Gentleman's Motion is lost... Amendment is lost. Are there further Amendments, Mr. Clerk?"

"Floor Amendment #2, Madigan, amends House Resolution 70 on page one by inserting after line 25 the following."

"The Gentleman from Cook, Representative Greiman, is going to handle this. Is that correct?"

"Thank you, Mr. Speaker. Because of my success, I am asked to handle this. This Amendment addresses in some 122  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 degree the problem that we have just debated. I think it is extremely reasonable to consider. The Resolution as it stands seems to impose some kind of limitation...voting limitation. So the question one asks is what happens if a Subcommittee votes 'do not pass' on a Bill? What will...what kind of vote will you need then for the full Committee to hear that Bill remembering that a Subcommittee often have...often has a very small number of people. If you follow the rules with Mr....with Representative Hoffman's consistency, then it will appear that for the full Committee to even hear this Bill you will need to have a three-fifths Majority of that full Committee deciding to hear the Bill. That's not to vote for it, just to hear the Bill - a three-fifths Majority of that Committee. I don't think we want to give it that kind of power to a Subcommittee. Accordingly, Amendment #2 provides that...that a Subcommittee's 'do not pass' is not binding on the full Committee. The Subcommittees are often used as investigative arms, as working...mark up sessions, and not for the purpose of ultimately depriving the full Committee from its job of considering and voting upon legislation. Accordingly, I would ask that we adopt Representative Madigan's Amendment #2 to House Resolution 70."

"The Gentleman has moved the adoption of Amendment #2 to House Resolution 70. Is there any discussion? The Gentleman from DuPage, Representative Hoffman."

"I have a request of the Sponsor of the Amendment. The...the wording of the Amendment indicates that the recommendation of the Subcommittee is advisory only. Do you intend, by this Amendment, to negate with this additional language intend to negate the roll of the Subcommittee and the idea that you need a Majority vote in 123  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 the Subcommittee and...in order for it to be considered by the full Committee? Does that mean if a Subcommittee heard a Bill it wouldn't mean anything?"

"The Gentleman indicates he'll yield for your question."

"You are asking, Representative Hoffman, whether I think it is advisory? It has always been advisory. It is House Resolution 70 that will seemingly make it no longer advisory. The Subcommittee's decisions will keep those Bills in the Subcommittee. All of a sudden we'll have motions to discharge. The Subcommittee will have motions. You'll need a Majority of those. You'll need the same count so that if you have a...if you have a Committee, and that Subcommittee votes 'do not pass', in order for that Committee to hear the Bill you're going to need.. have a three-fifths Majority of the Committee vote to discharge that Bill.. Now, we are turning over the power of this General Assembly to Subcommittees that have two people."

"Thank you very much. With that explanation, Mr. Speaker, I rise in opposition to this Amendment also. The purpose of the...of the proposed rule change is to provide that that Subcommittee will have more than just an advisory function. It will be able to...to do what...what I think Subcommittees ought to do, and that is to hear...to hear Bills in it and to make a report back to the Committee that...that means something more than just advising the Committee of where...however many people on that Subcommittee stand on it. As the rule is...is drafted noy in its original form it would say it would take a Majority of those Members who were appointed to the Committee to take a Bill out of Subcommittee. There is nothing wrong with that. If a Majority of those people want to take that Bill away from that Subcommittee, then...then that is fine. 124  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 But that rule ought to apply evenly. And if you're going to say by adding this language that it is going to be advisory, you might as well not adopt the rule at all. And for that reason, Mr. Speaker and Ladies and Gentlemen of the House, I rise in opposition to this Amendment to this rule also."

"The Gentleman from Cook, Representative Telcser, were you seeking recognition? Is there any further debate? The Gentleman from Cook, Representative Greiman, to close."

"Well, I certainly agree with Representative Hoffman that you shouldn't adopt House Resolution 70 at all. I think that makes sense. What you will be doing if you adopt House Resolution 70 without Amendment, you will be sitting there. You will have drafted a Bill. You will have talked to people. You will have prepared it. You will have done research. You will have done all the things that we hope we do when we file a Bill. Then it will go to a Subcommittee....a Committee, and then a Subcommittee, and then two people, two people perhaps will decide the...the decision on your Bill whether it lives or dies. Two people, maybe three people, but that is it. Then you will go with your Bill and you will say, 'I want a hearing before this Committee'. And the Committee will say, 'Sorry, sorry, your Bill is in Subcommittee forever lost because the Subcommittee has two or three people'. Not two or three people who are against it, just two or three people period. I say as a Member who has put in Bills, I want to have my Bills at least discussed...at least discussed by the Committee. And let the Committee at least hear the Bill. Let the Committee hear my witnesses. I have served on Subcommittees where three Subcommittees met at the same time. There is no way I could have been in 125  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY. HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 three places at one time, and yet I would be voting 'no' by not showing up at those Subcommittees. It is a...it is a foolish, foolish thing. And I notice that there is a loss of Democrats or Republicans on that last Roll Call. This isn't a partisan thing. This isn't a Republican versus Democrat thing. This just makes sense if you've been here for one term. If you've been here for the last three months you've seen Subcommittees don't operate in a very grand and serious manner. They are somewhat cavalier. Sometimes they are very thoughtful. Sometimes they are non-existent. I ask that you would at least adopt Amendment #2 to at least...to at least make the work product that you and I are working on not end up on the Subcommittee floor because two people didn't like it."

"The Gentleman has moved the adoption of Amendment #2 to House Resolution 70. All... the Gentleman requests a Roll Call. All those in favor will indicate by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 73 'ayes', 82 'nays', and the Gentleman has requested a poll of the absentees."

"Poll of the absentees. Bluthardt, Bradley, Brummer, Domico, Epton, Flinn,..."

"Flinn, 'aye'."

"Getty, Giglio, Hanahan, Huskey, Jackson, Kosinski, Kucharski, Laurino, Lechowicz, McClain, McCourt, McGrew, Sandquist, Schraeder, Stuffle, and Younge."

"Representative McCormick, were you seeking recognition? Lechowicz, 'aye'. Representative McCormick desires to be recorded as voting 'no'. What is the total, Mr. Clerk? On this question there are 75 'aye', 83 voting 'no', and Amendment #2 is declared lost. Are there further 126  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day Amendments?"

"No further Amendments." April 22, 1981

"On House Resolution 70 the chair recognizes the Gentleman from Cook, Representative Telcser."

"Mr. Speaker and Members of the House, I offer and move the adoption of House Resolution #70."

"Is there discussion? The Gentleman from Madison, Representative McPike."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I am sure that the veteran Members on the Republican side of the aisle are aware of what is happening on this vote and on previous votes, and so I would try to address myself to the Republican freshman Members. This is called power politics. I am beginning to regret that over the last four years the Democratic Party did not play power politics."

"Excuse me, Sir. The Gentleman from DeWitt, Representative Vinson, for what purpose do you rise?"

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. There is not a question before the House. The Gentleman is not addressing his remarks to the question. And I would urge you to cease to recognize him."

"Your point is very well taken. I would ask the Gentleman to keep his remarks to the Amendment at hand. Representative McPike."

"Thank you, Mr. Speaker. I believe that I have 10 minutes under our rules to address this Motion, and my remarks will addrtess this Notion. And I am speaking again to the Republican freshman Hembers so they will understand exactly what is happening tonight. Under the rules as they exist now and under the rules that..."

"Representative McPike, you are not addressing the Amendment. You are making a political speech of some 127  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 sort, and I do rule the Gentleman's point is well taken."

"Alright, I will try to be as specific as I can. This Amendment or this Resolution says that you can only have a hearing before a Subcommittee. Now, I don't know how embarrassing you think it would be to prepare a Bill, introduce a Bill, have people from your district who supported you and voted for you come all the way to Springfield to testify on your Bill, and then to take those people to a Subcommittee of three people, one of whom will probably be absent, and explain to the Members...explain to your constituents that this is a hearing on your Bill. A hearing before two Members of the House of Representative, and that is it. Two people are going to determine whether or not your Bill will even be heard. Now, this is really unheard of as we have practiced politics in the last four years. It simply was every Member whether it vas a Democrat or Republican, whether you thought it was a good Bill or a bad Bill, every Member has had the right to have his or her Bill heard before a Committee. That is why you were elected. That is what your constituents expect, and that is what you are entitled to. But this change says that no that doesn't apply anymore. You don't get a Committee hearing. Our Committees range anywhere from 15 to 23 people. Roughly 10 or 15% of the Membership of the House. But now 2% of the Nembers of the House will determine the fate of your Bill. You might not think that that is embarrassing to bring people from your district up here and explain to them that that is how the House of Representatives in the State of Illinois operates, but I and a number of my colleagues would find that extremely embarrassing to admit that that is democracy in this state. It is not. It is power politics. It has not been practiced in the past four years, and if you think that the 128  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day Republican Party will always be in control, This is a bad April 22, 1981 you're wrong. proposal be it Democrats in charge or be Republicans in charge. Our constituents expect democracy to operate in this state, and you should allow it to operate in this state and not make a joke of it."

"The Gentleman from Cook, Representative Wolf."

"Mr. Speaker and Members of the House, I believe the previous Gentleman who spoke has misinterpretted this rule. Now in...I can speak from experience in the House Appropriations Committee where we have five and seven Member Subcommittees respectably. What this rule says is each Committee shall consider the Bills and Resolutions referred to it, and they can only be referred to the Subcommittee by the Committee. It takes a Majority of the Committee to send any kind of a Bill to a Subcommittee. And then they report back to the full Committee in which case the full Committee may accept or reject the report of the Subcommittee. And furthermore, I think Section C of this is a good idea in the event that a Subcommittee does not discharge its duties by taking a vote on the Bill, then it can be taken away. Further consideration can be taken away by the full Committee. And I would think this is an excellent rule, and I would urge the Members on both sides of the aisle to support it."

"The Gentleman from Bond, Representative Slape."

"Thank you, Mr. Speaker. Would the Sponsor please yield?"

"The Gentleman... Representative Telcser, the Gentleman wishes to ask you a question. The Gentleman indicates he'll yield."

"Sure."

"Thanks, Art. I've got some...I've got a memorandum here and it attempts to analyze your thing. I want to make sure that it is correct. I want to make sure that I understand 129  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 your Resolution and the proposed Amendment. As I read the synopsis here it says, 'Requires Subcommittee to report to their full Committee and use full Committee voting and reporting requirements. Well, I have a question. Does that mean that we are now giving where Subcommittees now recommend to the full Committee, does that mean now that the Subcommittee will vote and just report that voting...the results of that vote to the full Committee?"

"No, Representative. What it means is that the Subcommittee operates with the same rules as the full Committee. That is a 'do pass' Motion, 'do notpass', 'do pass as amended', and additionally in order for a Bill to be reported out of a Subcommittee just as the rule is applicable to a full Committee it will require an affirmative number of votes of a Majority of the Members appointed to the Subcommittee."

"A Subcommittee can vote now, is that what you're saying?"

"The Subcommittee would vote 'do pass', or 'do not pass', or 'do pass as amended', or you know, just as a full Committee does."

"But, on the procedure of reporting back to the Committee, now the Subcommittee makes a recommendation of 'do not pass' or 'do pass'. And I am asking you under this Resolution are we now saying that the Subcommittee will not...will no longer make a recommendation, but they will come back and say, 'Mr. Chairman, the Subcommittee has met and the result is 'do not pass'."

"Representative, if a Subcommittee hears a Bill and votes it out of the Subcommittee 'do pass' to the full Committee, that is a recommendation to the full Committee. The full Committee would still have to vote with the Majority of the Members appointed to that Committee a 'do pass' Motion to get out on the floor." 130  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981

"And that is in...and that language is in the Resolution and is in the rule changes. Correct?"

"Right."

"Okay. What about...what if the Subcommittee reports back 'do not pass'?"

"Again, that would be a recommendation from the Subcommittee to the full Committee. The full Committee upon the vote of a Majority of the Members on the Committee can still vote on a Bill 'do pass' or with the required number of votes 'do not pass', 'do pass as amended', 'do not pass as amended'."

"Now you really got me confused, because that's the procedure right now, and according to this Resolution to the change to Rule 20, as I read it, we are conveying to the Subcommittee the voting rules and procedures and the reporting procedures that are in the rules now that apply to a full Committee so what are we actually doing?"

"You're getting a Subcommittee system to function so that Members can take more time to look into an agency or a Bill, something which I think perhaps your side is extremely interested in."

"Okay, if the Motion is 'do not pass' by the Subcommittee to the full Committee, what is the Committee vote that will be needed to pass that Bill out of the Committee?"

"A Majority... the number of votes required to pass that Bill out from a full Committee would be a majority of the Members appointed to the Committee to vote affirmatively."

"Okay, then are we amending the Committee voting and reporting requirements because that is not the voting..."

"No, we're just dealing with the Subcommittee."

"Yes, but you're transferring the voting...Committee voting and reporting requirements to the Subcommittee."

"No, we're not, no we're only saying the Subcommittees 131  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 should function pursuant to the same rules that the full Committee function...abides by."

"So, what you're saying, it... we're not changing at all the requirements of a full Committee vote?"

"That's correct."

"Thank you."

"Because not every Bill goes through a Subcommittee so.."

"I'm sorry, I didn't hear that."

"Not every Bill goes to a Subcommittee. We are not changing the vote, the procedure from the full Committee."

"Okay, thank you."

"The Gentleman from DeKalb, Representative Ebbesen."

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

"The Gentleman from DeKalb has moved the previous question, the question is 'Shall the main question be put? All those in favor will indicate by saying 'aye', opposed 'no'. The 'ayes' have it, Representative Telcser, to close."

"Well, Mr. Speaker, Members of the House, House Resolution 70 is really quite simple, and it simply establishes a uniform procedure by which Subcommittees can function just as our full standing Committees do. There is really nothing unusual about House Resolution 70 but what it does, is let every Member, Minority party Members, Majority party Members know before hand just what to expect when their Bill or a Bill in which they have got interest goes to a Subcommittee. This is really quite simple, I think everyone should vote for it. Mr. Speaker, I now offer to move the adoption of House Resolution 70."

"The question is 'Shall House Resolution 70 be adopted? All those in favor will indicate by voting 'aye', 132  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 those opposed by voting 'no'. Representative Greiman, the Gentleman from Cook, to explain his vote."

"Thank you. Mr. Speaker, I'm really at a loss now. Representative Hoffman said one thing, Representative Telcser said exactly the opposite. Representative Telcser says, oh it's advisory, you get the same hearing. Representative Hoffman says, oh no, this is going to give teeth to this whole process, real teeth to it, no more, no more namby-pamby stuff. Now, one of them is misinterpreting, I'm afraid to say, and I think we should all be concerned about it, and you know there's a word, it's a greek word called nudnick. We are all just plain dodos if we vote our rights to a Subcommittee. If we just give our rights away, it makes no sense. It's like falling on your own spear. Democrats vote against you, Republicans vote against the other side. This is a matter for Members, not Democrats or Republicans just Members. Vote your own interest in this thing. You're going to have Bills and you don't want them to die on the Subcommittee floor."

"The Lady from Champaign, Representative Satterthwaite."

"Mr. Speaker and Members of the House, I'm sorry the debate was stopped on this issue. I had some questions to address to the Sponsor, one of my concerns is that we have had rules about scheduling of Committees so that Members were not scheduled to serve on two Committees that were meeting at the same time, by going to a process of being more and more reliant upon Subcommittees, we have totally bypassed that guarantee. There is no guarantee that you will not be assigned to more than one Subcommittee that may be meeting at the same time as another Subcommittee, and so in fact as Members we do not even under this process have any guarantee that we will be able 133  27th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 22, 1981 to meet with our own Subcommittee assignments. Put that on top..."

"The Gentleman from Marion, Representative Friedrich."

"Mr. Speaker, Members of the House, I swear I can't figure out what all the objections are being raised for. You can't get a Bill out of Committee now unless a majority of those appointed to that Committee vote for it. This merely says that it takes a majority of the Members of that Committee to put it in Subcommittee, a majority of the Members appointed to that Committee can take it out of the Subcommittee, a majority of the Members can pass a Bill. Now, what's the big problem, I don't understand."

"The Gentleman from Lake, Representative Matijevich."

"Mr. Speaker and Ladies and Gentleman of the House, in addition to what I think have been legitimate arguments against this proposed change, there is one other, I think which is very legitimate. Do we really want to have on the daily order of business an addition which would be Subcommittee reports? I think we got enough garbage up there now, and I don't think any of us really want that additional reporting because it also says that it..it have the reporting requirements of the full Committee. These are not, all of these Subcommittees are not standing Subcommittees and what we have now on the calendar is a report of standing Committees. You will also, and by the way, don't amend that to have a report of standing Subcommittees, so really what you're doing you're adding additional garbage to the work of the House which I don't think we need. The Subcommittees are only advisory..."

"The Gentleman from Sangamon, Representative Kane, he turned his light off. The Gentleman from Cook, 134  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day April 22, 1981 Representative Greiman was seeking recognition, does he still? You did say you wanted to explain your vote but I see your light's out now. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. Record Representative Bartulis, 'aye'. On this question there are 81 'ayes', 72 'nos', 4 voting 'present'. The Gentleman from Cook, Representative Telcser."

"Postponed Consideration."

"The Gentleman moves to postpone consideration. Matter will be on 'Postponed Consideration. House...the Gentleman from Cook, the Majority Leader, Representative Telcser."

"Mr. Speaker, Members of the House, we were scheduled to work tonight from six o'clock to nine. It's 9:30 right now, I went to House Resolution 69 really a simple Resolution, only dealt with changing of votes on a day a Roll Call was or was not taken. Admittedly, House Resolution is a little more to discuss, in my view it's quite simple. The Minority Leader stood up on my Motion for House Resolution 69, made some allusions to our side of the aisle not doing something right or wrong or whatever he really meant, I'm not quite sure. I remember there were times when there were 101 Democrats in this Chamber and the rules were the same. Mr. Speaker, I'm not sure the Members are serious on the other side of the aisle to work tonight. I'm going to take the rest of these Motions out of the record for tonight, Mr. Speaker."

"Gentleman has moved to take the Resolutions out of the record. The Gentleman from Cook, Majority Leader, Representative Telcser."

"Twelve. Mr. Speaker, I move the House stand adjourned until tomorrow, 12:00, noon." 135  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 27th Legislative Day

April 22, 1981 "The Gentleman moves that the House stand adjourned. All those in favor will say 'aye', opposed *no". The House stands in adjournment with the five minutes for perfunctory for the Clerk."

"Committee Reports. Representative McMaster, Chairman from the Committee on Counties and Townships to which the following Bills were referred, action taken April 22, 1981 and reported the same back with the following recommendations; 'do pass' House Bills 457, 571, 639, 649, 762, and 860. 'Do not pass' House Bill 693. 'Do pass as amended' House Bill 709. 'Do pass' Consent Calendar, House Bill 785, 895. 'Do pass as amended' Consent Calendar, House Bill 702. Representative Sandquist, Chairman from the Committee on Registration and Regulation to which the following Bills were referred, action taken April 22, 1981 and reported the same back with the following recommendation; 'Do pass' House Bills 390, 581, 800, 910, 1030. 'Do pass as amended' House Bills 698 and 835. 'Do pass' Consent Calendar, House Bills 606, 774, 775 and 776. Representative Schuneman, Chairman from the Committee on Labor and Commerce, to which the following Bills were referred, action taken April 22, 1981 and reported the same back with the following recommendations; 'Do pass' House Bill 831. 'Do pass as amended' House Bill 521. Being no further business, the House now stands adjourned until 12:00, noon tomorrow." 136