Illinois House Floor Debate — May 4, 1981

"The House will come to Order and the Members will be in their seats. That worked pretty good. The Chaplain for today is Reverend Joe Smith from the Calvary Bible Church in Springfield, Illinois. Reverend Smith."

"Will you bow your heads for prayer? Heavenly Father, we count it a priviledge to come before you in prayer and we would ask, Father, that Your spirit would be felt in this place as these law makers make decisions that will literally affect millions and millions of lives. Father, we would ask that they would have the mind of God as they make the decisions, that they would feel the presence of God as they make these decisions and we would ask God that when they leave this place that they would know that they've done the best thing that they can possibly do to serve the people of Illinois. And we thank You for them, Father that they have given of their lives to serve this state and the people. And in the name of Jesus we ask it. Amen."

"Thank you, Reverend. We'll be led with the pledge today by Representative Nelson."

"I pledge allegiance to the 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. Take the record, Mr. Clerk. 153 Members answering the Roll. A quorum of the House is present. Representative Madigan, do you seek recognition?"

"Mr. Speaker, will the record show that Representative McGrew is excused because of a death in the family?"

"Representative Collins."

"Mr. Speaker, may the records show that Representatives 1  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Conti and Margalus are excused because of illness?"

"The record will so indicate. I might add that I spoke with Representative Conti this afternoon. He's out of the hospital and will be here attending to business tomorrow. It's the intention of the chair to go to the calendar on the Order of Motions, call all of the Motions pertaining to rule 66A which there are discharge Motions. If everybody cooperates and we hold down the debate, the discussion, we should be out of here by somewhere around 7:30 or 8:00. We're going to take them in order. Representative Friedrich, do you seek recognition?" Friedrich, D.: "Yes, Mr. Speaker, I want to report to the House that Harold 'Stedlin', a long time Member of this Body died over the weekend. The funeral is in Centralia tomorrow. I think some of you would remember Harold having been here ten years."

"On the calendar on page 32 under the Order of Motions appears House Bill 8, Representative Pechous. Is the Gentleman on the floor? Out of the record. House Bill 9, Representative Laurino. Representative Laurino on the floor? Out of the record. House Bill 87, Representative Deuster. Did you want to call your Motion, Representative? Read the Motion, Mr. Clerk."

"Motion I move pursuant to rule 66A to discharge Committee on Elementary and Secondary Education for further consideration of House Bill 87. Advance to the Order of Second Reading, first Legislative Day."

"Representative Deuster."

"Mr. Speaker and Ladies and Gentlemen of the House, House Bill 87 has to do with an educational mandate. I am a Member of the Education Committee. This Bill was heard before the Committee. I had a full and fair hearing. However, we did not get enough votes and I think this is an 2  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 important enough subject that I'd like to have this Bill brought to the floor and on the Order of Second Reading if any of you have any better ideas for how to relax or soften the daily physical education mandate I would be delighted to let you offer your Amendments. The way House Bill 87 reads now as amended, it says that a local school in Illinois may, may exempt a student from daily physical education is that student is participating for an average of two hours a day in some athletic endeavor or organized amateur or professional athletic endeavor. Let's say a football player who spends two hours a day playing football, or in my district..."

"Representative Schneider, do you seek recognition?"

"I think there's always a problem with the Membership. If we're going to go through Motions he ought to address the Motion and not the issue."

"I think your point is well taken, Representative Schneider, and I might add that it's the intention of the chair to call on the Chairman of the Committee and the Spokesman of the Committee in each instance. And you should confine your remarks to the Motion. Representative Deuster."

"Yes, I'll try to be brief. It's always been a tradition since the Members quite often want to know what they're voting on to have a brief reference to the substance. I have briefly described the substance. This allows our local schools to exempt a student from daily physical education where that student is spending two hours a day in athletic endeavors such as a football team or a hockey team or something else. I think it is a subject that needs to get to the floor of the House and I would appreciate your affirmative vote so that House Bill 87 can 3  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 get to the floor and we can deal with this mandate. I might briefly say that forty percent of our schools are under waiver so the law is unworkable and unreasonable. Something needs to be done and I would appreciate your affirmative vote to bring this Bill to the floor. Thank you."

"The Gentleman from Morgan, Chairman Reilly."

"Thank you, Mr. Speaker. Just briefly I would oppose the Motion to discharge Committee. We did have a hearing on this Bill. It is an important subject and it is before the Mandate Subcommittee of the Education Committee which has, a matter of fact, recommended a Bill of 'Do pass' on this subject in which we will be trying to bring to the floor of the House. There's no question that Representative Deuster agrees there was a fair hearing. I respect his right to make this Motion but I would hope as part of the Committee process that we would leave this Bill in Committee and work through that process. Thank you."

"Alright, the House will be in Order and the Members will be in their seats. We'll now hear from the Minority Spokesman on the Committee, Representative Schneider."

"Thank you, Mr. Speaker and Members of the House. Representative Reilly has been a decent and generous chairman in regard to issues that come before us in various kinds of forms. Physical education is one of those, driver's education is still another. Special Ed mandates is still a third. All of those require substantial hearings. This particular Bill, 87, received adequate full blown testimony early in the Session when we didn't have the Committee pinch. I don't see any reason why this Bill ought to be discharged had it received passage on the merits, I think, we would of course have had it on the 4  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 floor. It lacked the merit, it does not fall into the category of those Bills that did not receive substantial hearings. I would ask that we defeat the Motion."

"Representative Mulcahey, did you want to speak on this issue?"

"Yes."

"Well, it was my intention, Representative, to only have the chairman and the Minority Spokesman of the Committee speak but if you insist I'll... The question is,... the question is, shall House Bill 87 be discharged from the Committee on Elementary and Secondary Education? All those in favor will signify by voting 'aye, all opposed by voting 'no'. Have all voted who wish? Representative Deuster."

"I have an inquiry. How many votes does this need? It's my impression we need 89 votes."

"You're absolutely right, Representative."

"Thank you. It did not receive a 'do not pass' in Committee." Speaker Ryan: "Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 51 voting 'aye', 72 voting 'no' and 4 voting 'present' and the Gentleman's Motion fails. House Bill 90, Representative Deuster. Do you want to go on with your Motion on House Bill 90, Representative?"

"Mr. Speaker, are we going to get to this Order again?"

"No, I don't believe we are. I think that today is the deadline for all of this."

"Representative Hoffman says I take punishment very well. I think this is an important Bill and I will present it if you are not going to get to the Order again even though it's...here we are."

"Would you present the Motion?"

"I will present the Motion, Mr. Speaker." 5  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Mr. Clerk, would you read the Motion?"

"I move to discharge the Committee of Elementary and Secondary Education from further consideration to suspend rule 66B relating to the calendar requirements and advance to the Order of Second Reading, first Legislative Day."

"Representative Deuster, on the Motion on House Bill 90."

"Mr. Speaker, once again as a Member of the House Committee on Elementary and Secondary Education this Bill deals with the same subject but has a slightly different approach and I believe the approach is one that is more generally supported by the educational community. This deals with the physical education mandate. As you know we have no requirement in Illinois law that children have reading, writing, arithmetic, mathematics but we do have a requirement that they have physical education every day. This must be relaxed. House Bill 90 provides that every local school in Illinois may exempt students from physical education or adopt a physical education program consistent only with guidelines set forth by the Illinois Office of Education. This Bill respects our philosophy of local control of the schools and yet it guarantees that the State Office of Education will set forth some reasonable guidelines for the local schools to follow. This means that perhaps a local school, an elementary school might offer physical education three days a week for longer hours or it might be that the local school will do as some in my district have done to adopt some policies for exempting a football player for those days that he's playing football or for the ladies who are playing tennis for any of the students. I think this is a good Bill that reflects the concept of local control of the school and also relaxes a mandate. Everybody is talking about mandates. This is an 6  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 opportunity for us to do something. I would appreciate your affirmative vote so our local schools may adopt their own policies of physical education just as they do with other academic subjects. Thank you."

"Representative Reilly, do you seek recognition on this issue?"

"Yes, it's briefly to oppose the Motion again. There seems to be some kind of assumption that the process we're going through with the Mandate Subcommittee, headed by Representative Kustra, is not going to work in favor of those who want to reduce the mandate. The record is that the one and only specific mandate reduction Bill that they considered they reported favorably and we're going to try to get that to the floor of the House. I would ask that this Motion be defeated so that we can go on with that process which is working."

"Representative Schneider."

"Thank you, Mr. Speaker. The same opposition as earlier. The Mandate Subcommittee as well as the full Committee will, well the full Committee already addressed this measure. The Mandate Subcommittee will address it later. I see no need again to pursue so brusquely an issue that needs so much in depth study. I would again ask for a 'no' vote."

"The question is, shall House Bill 90 be discharged from the Committee on Elementary and Secondary Education advance to the Order of Second Reading? All those in favor will signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 39 voting 'yes', 87 voting 'no' and 4 voting 'present' and the Gentleman's Motion fails. House Bill 113, Representative Kosinski." 7  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Motion, I move to discharge from Committee on Judiciary II from further consideration and advance to the Order of Second Reading, first Legislative Day."

"The Gentleman from Cook, Representative Kosinski."

"Mr. Speaker and Ladies and Gentlemen of the House, House Bill 113 was around for some time as is obvious by the number. Unfortunately it was not heard in Committee. I repeat, it was not heard in Committee due a number of circumstances. The Bill deals with notification of our local law enforcement agencies prior to the release of certain prisoners from the Department of Corrections and the Department of Mental Health that we might be aware of their coming back into society. This is particularly needed in view of the fact that we have an early release program and some of these people are being dumped back on us without our knowledge of our coming out. I ask that we remove this Bill from Committee so that it could be heard on the House floor."

"Is there any discussion? The Gentleman from DeWitt, Representative Vinson."

"Thank you very much, Mr. Speaker. It's not unusual to find Representative Kosinski to be right about a Bill. In this case he's absolutely right. The Bill should be discharged. It's a good Bill and I would further say, Mr. Speaker, that this would solve a problem that you and I have in a Bill that we have that's in Committee and wasn't heard in time. This Bill would be a perfect vehicle for that matter and I would urge that we vote 'yes' on the discharge Motion."

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

"Speaker, only in the interest of fairness, I presume from now on you're going to only call on the Committee 8  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Chairman and the ranking Minority Member on all of these Bills. Is that correct?"

"Well, Representative Deuster, neither the Committee Chairman or the Spokesman, the Minority Spokesman are present. Representative Mulcahey, did you care to speak?"

"Well, that may be the case, Mr. Speaker, but do people have an opportunity to explain their vote?"

"Always."

"Thank you."

"Unless you're Representative Madigan. Representative Kosinski."

"Mr. Speaker, I have no quarrel with the Committee or the Committee Chairman. I'm a Member of that Committee. Just circumstances prevented us from hearing House Bill 113 but this is so necessary to law enforcement agencies throughout the entire State of Illinois that we know when prisoners are being released especially in view of the early release program that it's imperative this Bill be heard on the House floor. The Committee adjourned prior to our assembling all the witnesses and the Department of Corrections. I think it important we hear it."

"The question is, shall House Bill 113 be discharged from the Committee on Judiciary II and advanced to the Order of Second Reading. 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 140 voting 'aye', none voting 'no', and one voting 'present' and the Gentleman's Motion prevails. House Bill 163, Representative Greiman. Do you want your Motion called, Representative? Read the Motion, Mr. Clerk."

"House Bill 163, I move to discharge Committee on 9  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Judiciary I from further consideration and advance to the Order of Second Reading, first Legislative Day."

"The Gentleman from Cook, Representative Greiman."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I first would like to say that I come to a Motion discharge very, very with great trepidation. I do not favor Motions to discharge as a rule. I have only once before in eight years of service in this House asked for this for the House to discharge a Bill from Committee. Only once. At this, this Bill 163 represents a response to the Bill that we opted out in the Bankruptcy Act last year. You will recall that the Governor of Illinois said in signing the opt out provision under the Bankruptcy Exemption Bill that it was his intention that we would work on exemptions, a series of modern exemptions for bankruptcy and for judgments in Illinois. As we stand now we have no modern exemptions in Illinois. Bills have been filed in the Senate and another Bill in the House by Members across the aisle that I would, that I joined in, as a matter of fact. Representative Watson has a Bill. However, the Bill did not get called and as a consequence the Governor's committment to deliver modern bankruptcy exemptions will be frustrated if we do not discharge this Bill. I have taken essentially the Watson-Weaver Bill and amended it to my House Bill 163. I'm not interested in who gets the credit or anything like that but I think that this House must debate modern bankruptcy exemptions. Exemptions which we all acknowledged two years ago that the prison exemption are out of line that they must be changed. They must be modernized. So that we must, if we are to at all bring the Governor's committment into being we must discharge House Bill 163. I had a hearing, a short hearing in Committee and received eight votes and then one of the Members 10  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 changed their mind so it got seven votes just one short of getting out. There were about five Members that were absent who would have supported it and as a consequence I would ask that we discharge House Bill 163 in order to give us an opportunity to consider modern bankruptcy exemptions and to fulfill the mandate in agreement of the Governor when he signed the opt out Bill last year."

"The Gentleman from Will, Representative Leinenweber."

"Thank you, Mr. Speaker. House Bill 163 was assigned to the Judiciary Committee on February 26, 1981. It was called for hearing by the or requested to be called for hearing by the Sponsor during the last hectic week of Committee hearings. In spite of the lateness of calling the Bill for hearing there was excellent attendance of the entire Judiciary I Committee at the time the Bill was heard. There was a full hearing giving the Gentleman the Committee Members pondered his arguments full and well. They pondered the comments and questions of the Committee Members and decided not to give sufficient votes to put this Bill out on the floor. I would say that the Committee process as regard to the House Bill 163 did work. The Gentleman had a fair and complete hearing. It was the opinion of the Committee Members that the Bill was not at this particular point in time either needed, desired, or good for the economy for the State of Illinois and accordingly the Committee Members did not give sufficient votes to the Gentleman to get the Bill out. It was not in good shape. It would require much attendance on Second Reading. It has been the considered judgment of the Committee that no Bill should go to the floor unless the Committee Members could recommend that it pass in the form that it arrived on the floor. We cannot and could not 11  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 assure this House that the Bill was in such shape. I would urge the Members of the House to back the Committee system of this House as the Speaker has called upon us to do time and time again and defeat the Gentleman's Motion."

"Representative Jaffe, did you care to speak on this issue?"

"Mr. Speaker, thank you very much. Mr. Speaker, I think this is a subject matter that we talked about for a long period of time in the last Session of the General Assembly. If you recall the Governor's message on this particular subject matter. He said that we should be doing stuff with this particular subject matter at this particular time. I really think it would be a folly of the General Assembly not to act upon the Gentleman's Motion. I think it would be a sure act of folly not to move ahead and put it on Second Reading. It's something that everyone in the state realizes that we need. The Governor realizes that we need it and in his message he said we should act on this subject matter. I would therefore, urge an 'aye' vote."

"The question, is shall House Bill 163 be discharged from the Committee on Judiciary I? Representative Greiman."

"Closing, Mr. Speaker?"

"Well, you'll be the only one but if you want to close go ahead, Representative."

"Well, I want to close only because of certain statements that the chairman made as to the bringing the Bill promptly. I did not bring this Bill before the Committee initially because Representative Watson had filed a Bill of similar subject matter and I certainly understood that he was more likely to pass his. His Bill, however, got assigned to Revenue Committee which was the wrong subject matter and he did not get it reversed into 12  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Judiciary so that this was the only Bill that was around to address this subject and I took his Bill and amended my Bill totally, deleted everything after the enacting clause and basically put his Bill on my Bill. Accordingly, this is much closer to the Watson Bill than it is to the Greiman Bill but the subject matter, we have a commitment that we made last year, and that subject matter should be addressed. This Bill will allow us to do that on Second Reading. Whatever Amendments come, they come and I'm not afraid of that at all. This Bill should be discharged."

"The question is, shall House Bill 163 be discharged from the Committee on Judiciary I and moved to the Order of Second Reading? All in favor will signify by voting 'aye', all 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 issue there are 74 voting 'aye', 72 voting 'no' and none voting 'present' and the Gentleman's Motion fails. House Bill 225, Representative Kelly. Richard Kelly. Read the Motion."

"Motion, pursuant to rule 66A I move to discharge Committee on Education from further consideration and advance to the Order of Second Reading, first Legislative Day."

"The Gentleman from Cook, Representative Kelly."

"Thank you, Mr. Speaker and Members of the House. This indication on the Motion is that it is with the Education Committee that is not a fact. I did check up at the Clerk's desk. It's with the Executive Committee of which Penny Pullen is chairman. House Bill 225 is a Bill that was caught also in the log jam because it was supposed to be heard during the last week and we did not have that opportunity. The Bill, Ladies and Gentlemen, in the form that it is right now causes some problems to the banks and 13  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 savings and loans. After introducing the Bill I had met and this is one of the reasons for the delay with the Treasurer's office because the Treasurer did not want the Bill in its existing stage but they did want what is known as a public contract compliance number of which I have the Amendment here. It deletes all of the opposition. At least all that I know that relates to any banks and savings and loans and what it is is, a Bill which makes it more convenient for the Treasurer's office. There is a confusion now because this contract compliance number is with the Department of Human Rights and also should be listed with the Treasurer's Department. This is not the biggest Bill to come before this Body but I would like to consider your favorable support for the Motion to discharge."

"Representative Pullen."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Actually House Bill 225 was posted many, many weeks ago for hearing at the Sponsor's request and then I'm afraid when we had our Committee hearing that day he decided he didn't want to go with it. We even had an abbreviated hearing that day because of his decision not to move with this Bill. We had plenty of time that we could have heard it but he didn't want to go with it. I guess he hadn't made preparations for the people who are interested in red lining Bills to come down or something of the sort. I would oppose the Motion to discharge the Committee on Executive. I think that we were ready to take action on his Bill when he had requested me to post it and that is all that we are responsible to do and I would hope that the House would not support this Motion to take this Bill out of the Committee."

"Any further discussion? The question is, shall 14  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 House Bill 225 be discharged from the Committee, the Committee on Executive for further consideration and advance to the Order of Second Reading? 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 54 voting 'aye', 67 voting 'no' and 4 voting 'present' and the Gentleman's Motion fails. House Bill 239, Representative Davis. Read the Motion, Mr. Clerk."

"Motion, pursuant to rule 66A I move to discharge the Committee on Judiciary II from further consideration of House Bill 239."

"The Gentleman from Will, Representative Davis."

"Thank you, Mr. Speaker. Representative Martire and Representative Lechowicz have just asked to be joined as Cosponsors on House Bill 239 bringing the total to 47 Cosponsors. I'm not here to tell you that House Bill 239 did not ultimately have a fair hearing in Judiciary II a week and a half ago. What I am here to tell is it received a seven to six affirmative vote and the two other votes that were committed to 239 one was out of town, one arrived late because of a replacement and was unaware of the Committee hearing at that time. I tried early on to have the Bill heard and because of scheduling the Committee didn't meet for a few weeks and because the scheduling could not meet. To remind all of you 47 Cosponsors, the Bill deals with a very sensitive subject of the death penalty and the Bill would simply allow the death penalty to be cut into aggravation and mitigation for prolonged child abuse murder. And that's simply what it does. I think this issue needs to be brought to the floor. I think it needs to be discussed and even though I had a fair hearing with the seven to six vote, I think this is an 15  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 overwhelming interest to the public and to this Body and to the 47 Cosponsors and I certainly encourage your 'aye' vote."

"Representative Kosinski."

"Mr. Speaker and Ladies and Gentlemen of the House, it is true this Bill did get a fair hearing in our Committee and the vote was seven to six against the Bill. However, I feel guilty that possibly some of the recommendation for Amendments that I requested had not been added to the Bill at that time. My concern was, we have a death penalty statute on the books now. It is presently being considered in the Supreme Court. I did not want this Bill, a justified Bill. I did not want this Bill to in any way confuse the issue of our present statute. In consequence I ask the Sponsor, Jack Davis, to put on a severability clause and postdate the Bill in such a way that it would not in any way interfere with our present statute. He has promised me that. On that basis it is entirely feasible that the House consider this Bill on the floor. Thank you."

"Any further discussion? The Gentleman from Cook, Representative O'Brien."

"Mr. Speaker, I'll just rise to explain my vote."

"Representative Davis."

"Not to close so much, Sir, I solicit an 'aye' vote but to correct Representative Kosinski, the vote was seven to six for the Bill and the other two committed votes didn't show up on that particular day and it was unable to be heard on the second vote. Please your 'aye' vote."

"The question is, shall House Bill 239 be discharged from the Committee on Judiciary II and advanced to the Order of Second Reading? All in favor will signify by voting 'aye', all opposed by voting 'no'. 16  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Representative O'Brien, to explain his vote."

"Yes, Mr. Speaker, I rise to explain my 'aye' vote. I think the severity of the topic certainly ought to give each and every Member the opportunity to discuss capital punishment and just exactly where we're going with it in this state and I see that the Bill does have enough votes. Thank you very much."

"Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 125 voting 'aye', 15 voting 'no' and one voting 'present' and the Gentleman's Motion prevails. House Bill 248, Representative Yourell. Out of the record. House Bill 225(sic), Representative Darrow. Want your Motion called, Representative? 255. House Bill 255, Representative Darrow. Read the Motion, Mr. Clerk."

"Motion, pursuant to rule 66A I move to discharge the Committee on Revenue from further consideration of House Bill 255."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, what this Bill does is reduce the sales tax on food and drugs by another percentage. If you would recall for the last two years we reduced that sales tax a percentage a year. This Bill was assigned to the Revenue Committee on February 19. I appeared before that Committee and the chairman indicated that it would be assigned to a Subcommittee and that they would work on that legislation and that I would get an opportunity to have it heard in Subcommittee and passed out. I'm still waiting for the Subcommittee to meet. I'm still waiting to hear from the Committee Chairman. I've not received any other hearing and therefore, I file this Motion. It's my intention if we act favorably on this Motion tonight to amend the Bill on Second Reading to put an effective clause in stating that this percentage should come off July 1, 1982. The reason 17  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 for that is at the present time the State of Illinois cannot afford to lose this Revenue. However, if we put a new effective date in the Governor can plan in his budget for next year this removal of the sales tax on food and drugs. I feel it's well thought out. We're fulfilling our commitment to the people of the State of Illinois that we made about two or three years ago when we said we would remove this tax. Therefore, I'd solicit an 'aye' vote."

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

"Mr. Speaker and Members of the House, without even attempting to get to the substance of the Gentleman's Motion I would simply want to point out to the Members of this House what all of us know no matter what side of the aisle we're sitting on. The facts are indisputable. The debate which took place some months ago on this very issue are truer today than those many, many weeks and months ago when I and others and many fine Democrats and Democratic Minority Leader stood on the floor of this House and opposed this type of irresponsible fiscal action. To discharge Committee from this Bill, to place it on the floor and then to pass it would simply be opening the door and inviting and laying out a red, carpet if you will, to fiscal disaster. Mr. Speaker and Members of the House, I believe it is incumbent upon every Member of this Assembly who understands and grasps the dire, precarious, financial situation we find ourselves in today not only in Illinois but up and down the length and breadth of these United States, you would have to vote 'no' for the Gentleman's Motion to discharge House Bill 255. So, Mr. Speaker and Members of the House, I implore every responsible Member of this House and I believe that every Member is, in fact, responsible to vote 'no' on the Gentleman's Motion to 18  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 discharge House Bill 255. The state does not have the money. The current fiscal situation in Illinois is adding to the list of people who are looking to state government for relief. We must have whatever dollars are available to help those citizens. This Bill, if discharged and passed, would deny help to thousands of Illinois citizens who find themselves in terrible financial straits because of the national economic situation. Please vote 'no'."

"Who would like to speak on behalf of the Minority? Representative Schraeder, you're a Member of the Committee."

"Thank you, Mr. Speaker. Ladies and Gentlemen, I think the question on this Motion is whether or not a Member of the House of Representatives has a right to have his Bill heard in Committee. The chairman of the Revenue Committee told Representative Darrow that this Bill would be sent to a Subcommittee with other Bills of similar nature and would be heard there and action taken in a Subcommittee. A Subcommittee hearing was denied to this, to the Sponsor of this piece of legislation and I don't know whether or not to support the concept of the Bill, but that's immaterial. The material thing is, a Representative introduced legislation was denied the right to a hearing on his piece of legislation. And if you're opposed to the legislation when it is heard on the House floor, then vote against it there, but allow the man to present his Bill which was denied by the very fact that a Subcommittee was not appointed and a Subcommittee did not meet. I think that's the travesty if we wouldn't let him hear his Bill. And I think under all Committees in the past we've allowed this to happen where the control of the Bill was not in the hands of the Sponsor but was in the hands of circumstances and I think the chairman of the Revenue Committee and the 19  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 previous Speaker should grant that right to Representative Darrow and give him a hearing at least now on the House floor, the only possible place where he can be heard."

"Representative Mulcahey."

"...vote."

"Representative Preston."

"Thank you, Mr. Speaker. Ladies and Gentlemen, the Sponsor of this legislation has assured me that he will amend the Bill to be effective in 1982 so that the 1982 budget is the budget that would be considered in reference to this Bill. Surely the Executive Branch and the Legislative Branch of the State of Illinois are clever enough to be able to find means of raising revenues without indeed taxing the very items that are necessary to sustain life. The food the people put in their mouths and the drugs that are necessary for many people throughout this state to live on or without which they could not survive. I don't think this is a great issue here. We're only talking about letting it come to the floor and let the Legislative Body, the deliberate Body of the State of Illinois consider the issue and vote it up or vote it down. We're only talking about a fair hearing. We're not here talking about the substance of this measure. So I encourage people to consider that carefully and to give this Motion an 'aye' vote."

"The Gentleman from Cook, Representative Piel."

"Thank you, Mr. Speaker. A couple speakers ago made the remark the Subcommittee was not formed. Well, I beg to differ with them. There was a Subcommittee formed. I sat down with the chairman of the Committee and said that we had about six Bills all dealing with the same subject matter. I was appointed chairman of the Subcommittee. At that time the Governor came out with more and more dire 20  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 forecasts as far as our budget. I told the chairman at that time that if any Member pursued the subject I would be more than happy to call a Subcommittee meeting. I would like to report that not one Member whose Bill was assigned to the Subcommittee asked to have a Subcommittee held. So it was my impression at that time that the Members realized that dire, financial straits the state was in and that we could not afford it at this time. Mr. Darrow, at no time has come up to me and asked for a Subcommittee because I told the chairman that if that were to be the case that I would call a Subcommittee meeting to hold or to hear that specific piece of legislation. And so when he says that he talked to the people that were responsible for the Subcommittees and dire he's direly mistaken on that point. And so I would ask everybody to vote 'no' on House Bill 255."

"The Gentleman from Rock Island, Representative Darrow, to close."

"Thank you, Mr. Speaker. In response to the last speaker, let me state that I had no knowledge, direct knowledge that he was the chairman of the Subcommittee and I don't feel is my responsibility to chase around and try to find who's the chairman of the Subcommittee after they tell me it's going to be a working Subcommittee and that they'll get back to me. I think the burden is on the chairman of that Committee. I was not told who the chairman of the Subcommittee was. I had no knowledge of why it did not meet. Sure, we heard the Governor come out here and speak to us and tell us that we could not afford this but at that time the Governor was premature in his statements. Sure we can look at it today and we can say the state cannot afford this money today, and I'm not arguing with the Governor on that point. If today this 21  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 legislation was in effect I would be voting against it also. The State of Illinois cannot afford on this date in history to remove this percentive sales tax. However, this does not take effect today. This will be taking effect at a later date. I will amend it on the House floor so that it takes effect July 1, 1982. Surely the economic situation will clear up by then. Our Republican President of whom many on the other side of the aisle have the utmost faith will no doubt have the economy back in step and we will not have a recession going. If they have any faith in the Chief Executive of the United States they should support this legislation. Again, this does not take, will not take effect until later in the year. Any discussion of it not being the time that this state is premature we cannot forecast what it will be. I would ask for a favorable vote."

"The question is, shall House Bill 255 be discharged from the Committee on Revenue and advanced to the Order of Second Reading? All in favor will signify by voting 'aye', all opposed by voting 'no'. Representative Mulcahey to explain his vote."

"Well, Mr. Speaker and Members of the House, I heard two times in the last five minutes, the people from the other side of the aisle saying that this would be fiscally irresponsible to have a Motion like this heard and have a Bill like this heard on the House floor. Nothing could be farther from the truth. We've gone through the Appropriation Committee now for the last three weeks. We've cut back on conservation and we've cut back in transportation. We've cut back in public aid. We've cut back in public health but by the same token here is an opportunity right now to give the people of this state an honest break. And that is a break where they need it the 22  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 most. I would suggest an 'aye' vote. This is a chance right here, this is a chance right here to give true, honest, genuine tax relief to the people of this state. And again, to reiterate what Representative Darrow said, it does not take effect until 1982. It's not going to hurt anybody. It's going to give it an adjustment period."

"Have all voted who wish? Representative Darrow, for what purpose do you seek recognition?"

"At the appropriate time, I'd ask for a poll of the absentees."

"Have all voted who wish? Representative Bullock, did you want to explain your vote? Representative Bullock, to explain his vote."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I think the Sponsor of the Motion has stated clearly the substance of the Bill but I think over and beyond the substance of this Bill that the vote on this measure represents, I think, a fundamental difference between the two parties in this chamber. We understand that some type of tax relief will be proposed this Session by the Thompson administration. But I think this represents the real relief that the people of our state deserve at all economic levels. And I think that the Roll Call that Representative Darrow is getting on this Bill is certainly not deserving of the substance of the Bill. I would hope that those of you who sit on the Republican side of the aisle would seriously contemplate supporting this Motion, because this Motion will for once and for all allow us to make a decision with the absence of duress of either the Thompson administration or the Byrd administration on real tax relief. This represents real tax relief and there's no way you can get around it and I think that you will certainly remember in the last election that many of 23  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 you told the constituents of your district that you support tax relief. This measure represents that, and I say shame, shame, shame on you if you can't help this individual get his Motion on the floor so that you can fulfill your campaign promises to your people in your districts who are watching us on this crucial vote."

"Mr. Collins, do you seek recognition?"

"I'm a little late, Mr. Speaker. I wish you'd remind the Gentlemen in the entire Body that there's a one minute restriction on explanation of vote."

"One minute restriction on explanation of vote, Representative Bullock. Have all voted who wish? Representative McClain, did you want to explain your vote? Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 86 voting 'aye', 69 voting 'no', five voting 'present' and the Gentleman has requested a poll of the absentees. Would you read the absentees, Mr. Clerk?"

"Poll of the absentees. Beatty. Bluthardt. Conti. DiPrima. Domico. Garmisa. Getty. Giorgi. Griffin. Katz. Margalus. McCourt. Ted Meyer. Oblinger. Sandquist. Stanley. Stearney. No further."

"On this issue there are 86 voting 'aye', 69 voting 'no', and five voting 'present' and the Gentleman's Motion fails. House Bill 258, Representative Pechous. Read the Motion, Mr. Clerk."

"Motion, I move pursuant to rule 66A to discharge the Committee on Revenue from further consideration of House Bill 258."

"The Gentleman from Cook, Representative Pechous."

"Yes, thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 258 proposes to provide an offset for the rising cost of heating and electric costs for elderly and disabled citizens of Illinois. The Bill was 24  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 referred to the Revenue Committee and in conversation with the chairman at that time, Representative Ewing, it was referred to Subcommittee at which time I had an opportunity to listen to the testimony of the various opponents and proponents. Hopefully, by listening to that, I tailored some Amendments which brought about certain changes. I bring the Bill to the House floor because I'm concerned that this entire 82nd General Assembly may be so concentrated on the matter of reduction of taxes and economy in all forms that we overlook a very vital segment of our State of Illinois. And that's the senior and disabled citizens. And I bring the Bill now, 258, for purposes of a motion, hopefully obtaining the 89 votes which will put it on the Second Legislative Day. Amendments will thereafter be offered which will make House Bill 258 palatable to all Members on both sides of the aisle. Mr. Speaker, Ladies and Gentlemen of the House, I would ask for a favorable vote on 258. Thank you."

"The Gentleman from Livingston, Representative Ewing."

"Mr. Speaker and Ladies and Gentlemen of the House, I reluctantly oppose this Motion. This Bill was fully heard in Subcommittee. The Sponsor had the opportunity to present his witnesses. The Subcommittee heard witnesses on both sides and at the conclusion of a full Subcommittee hearing, the Sponsor requested that this Bill stay in Committee. Exactly where it rests today and I think it should stay there. Thank you."

"Any further discussion? Representative Pechous, to close."

"I agree with the chairman of the Revenue Committee as he had just announced, however, the testimony which came forth in that Subcommittee was of such a sort that it 25  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 presented to me the real opportunity to re-present to this entire Body a chance to look at one of the rising and most perplexing problems in our modern day society and that is the senior citizens and disabled persons who are looking desperately for some relief from the rising energy costs. I believe that this Bill will be such that the cost will be more than capable to realize from the rising revenues flowing into the State Treasury by virtue of the increased revenue derived from utilities. And so I say, this Bill is affordable, it is required, and I think it would be in the best interest of the entire citizenry of Illinois that discussion ensue and on Third Reading after the Amendment's been offered, if anyone here chooses not to support it because of the various considerations that enter into it that is most understandable. But I think it begs hearing. I beg you in turn to give me a favorable vote and I thank you now."

"The question is, shall House Bill 258 be discharged from the Committee on Revenue and advanced to the Order of Second Reading. 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 78 voting 'aye', 58 voting 'no', one voting 'present'. Mr. Pechous."

"Most reluctantly, not wishing to take the time of the Body, I would now have to compel to ask for a poll of the absentees."

"Well, that's certainly your privilege, Mr. Pechous and we're going to do that for you. Poll of the absentees. I might add that we're not doing too well on our time table. We've still got only four more pages of Motions to go through and it's now 7:20."

"Poll of the absentees. Ackerman. Bluthardt. 26  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Catania. Conti. Davis. Deuchler. DiPrima. Domico. Flinn. Dwight Friedrich. Garmisa. Getty. Giorgi. Greiman."

"Representative Greiman votes 'aye'."

"Griffin. Huff. Jackson. Karpiel. Katz."

"Karpiel, 'no'."

Clerk O'Brien: "Kociolko. Laurino. Macdonald. Margalus. McClain. McCourt. McGrew. McPike. Ted Meyer. Peters. Polk. Redmond. Reed. Reilly. Richmond. Robbins. Ropp. Sandquist. Stearney. Wikoff, and J.J. Wolf."

Speaker Ryan: "What's the count, Mr. Clerk? On this issue there are 79 voting 'aye', 59 voting 'no', one voting 'present' and the Gentleman's Motion fails. House Bill 316, Representative Stuffle. Read the Motion, Mr. Clerk."

"Pursuant to rule 66A I move to discharge the Committee on Executive from further consideration of House Bill 316."

"The Gentleman from Coles, Representative Stuffle."

"Yes, Mr. Speaker, I filed this Motion on my behalf and hyphenated with Representative O'Brien and it's his Bill and I would at this time yield to Representative O'Brien to present the Motion."

"The Gentleman from Cook, Representative O'Brien."

"Yes, Mr. Speaker, before I speak on the Motion, I wonder if it might not be possible since this Bill deals with utility companies to have this Bill at this time referred back to the Rules Committee and then perhaps assigned to the appropriate Committee for a hearing at a later date? We'll go with it. Fine. House Bill 316 is a Bill that I was not able to get to the Executive Committee to have heard because of the busy schedule that we all found ourselves involved in last week. It is an important Bill dealing with the Commerce Commission and I would ask 27  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 for a 'aye' vote to take this Bill and put it on the Calendar."

"Representative Pullen."

"Mr. Speaker, before I say anything, the Gentleman was asking you a question and didn't really present the Motion yet. I thought."

"No, he has completed his plea, Representative. It's your turn."

"Okay, fine. Mr. Speaker and Ladies and Gentlemen of the House, House Bill 316 was posted at least twice in the Executive Committee and the Sponsor chose not to attend. On the second occasion that it was posted, it was posted as one of four Bills that are virtually identical and I was informed that the Sponsors of those four Bills had agreed that a particular date would be their day in the Executive Committee. They would all come in with their witnesses and hear all four of the Bills at once since they were so similar and then they would take the will of the Executive Committee. Two of those Bills, two of the Sponsors of those Bills did have the courtesy to keep their appointment with the Executive Committee and heard their Bills, and their Bills were defeated on Motions of fifteen to six with two voting 'present', 'do not pass' Motions. The Gentleman sponsoring this Bill did not come into Executive after having asked me to post the Bill for that day along with the others and did not attempt to have it heard again considering the fate of the other Bills. The Bills that are virtually identical to this one did receive a full hearing in the Executive Committee and were soundly defeated. And I would urge the Members of this House to concur with the Committee's action on those Bills and not remove this Bill from the Committee where it could well have been heard if the Sponsor had so chosen." 28  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Is there any further discussion? The question is, 'Shall House Bill 316 be discharged from the Committee on Executive and moved to the Order of Second Reading?' Representative O'Brien."

"Yes, Mr. Speaker, I might respond to Representative Pullen's comments. I'm glad that the Bill was finally posted in the Executive Committee since it was the position of the Executive Committee not to post Bills unless that they were requested individually by the Sponsor. I'd also like to point out that I did spend about five hours in the Executive Committee, about four hours and fifty-eight minutes waiting for several Bills to be called and at that time the Spokesperson for the Committee I don't believe was even in the State of Illinois to conduct the Sessions of the Executive Committee. It is true that there were two other Bills that were filed that were somewhat similar to this Bill and that they did in the Committee by an overwhelming vote of fifteen to six. However, Mr. Speaker and Members of the Committee, these Bills deal with the election of Commerce Commission officers and I think that is a topic that is of such magnitude that it ought to be discussed by all of the Members of this General Assembly on the House floor here. An elected Commission in my estimation would be in a more accountable commission and I think that Illinois ought to be able to discuss this issue among all of its Representatives to determine the direction that we're going to take in the 1980's. For that reason, Mr. Speaker, I request an 'aye' vote on the Motion."

"The question is, 'Shall House Bill 316 be discharged from the Committee on Executive and advance to the Order of Second Reading?' All in favor will signify by voting 'aye', all opposed by voting 'no'. Representative Stuffle, to explain his vote." 29  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Yes, just to, I think, to clarify a difference of opinion between Representative Pullen and Representative O'Brien. Representative O'Brien was not a party to our agreement, Representative Pullen, to hear those Bills on the same day, in fact, could not be there on that particular day despite the fact it was posted that day. We did call our Bills and as you will recall I did not ask even for a hearing because my Bill was so similar to Representative Matijevich's at that time. Only, I rise to indicate my support for the Motion because of the magnitude of the issue, because I too believe it should have been heard in the Public Utilities Committee, the Committee which has the overall expertise and handles most of these matters. I think it should have gone there. I think it deserves a hearing because of its magnitude on the floor of the House before each and every one of the 177 Members."

"Have all voted who wish? Take the record, Mr. Clerk. On this issue there are 72 voting 'aye', 66 voting 'no' and none voting 'present' and the Gentleman's Motion fails. House Bill 355, Representative Ted Meyer. Is the Gentleman in the chamber? Out of the record. House Bill 357, Representative, no that's out of the record. House Bill 562, Representative Yourell. Out of the record. House Bill 684, Representative Stuffle. Out of the record. House Bill 686, Yourell. Out of the record. House Bill 691, Representative Henry. That Bill was assigned at your request last week to the Interim Study calendar and your Motion is out of order. Out of the record. House Bill 708, Representative Kelly. Dick Kelly. Read the Motion. Just a minute, Mr. Clerk. Representative Macdonald, do you seek recognition? Representative Kelly. Read the Motion, Mr. Clerk."

"Pursuant to rule 66A, I move to discharge the 30  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Committee on Judiciary II from further consideration of House Bill 708."

"The Gentleman from Cook, Representative Kelly."

"Thank you, Mr. Speaker and Members of the House. I first of all want to compliment you, Mr. Speaker because I had a similar Motion filed two years ago when my own party wasn't in control and I did not have an opportunity to have my Motion heard so I consider it an honor to have this opportunity. House Bill 708 is a Bill which deals with the subject of violence in the Illinois obscenity statute. Currently the Illinois obscenity statute applies only to sex and in 1977 in a U.S. Supreme Court decision of ward versus Illinois that Judicial Body not only upheld the Illinois obscenity statute but they did say that sado-masochistic publications would be included as being obscene under the Illinois statute and not protectable under the Constitution. This transgression, ladies and Gentleman in my opinion, gives the various Legislative Bodies an opportunity to define violence as being obscene and that's exactly what it is. In many ways in my opinion, the violence that we see at the theaters and on television is even more obscene than the sex which is demonstrated. And to go on further, we are entering a new area of cable television and I am very concerned, especially with the young people that are very impressionable that the cable television programs will not be monitored at least to provide sensibleness and to prevent violence from being shown across the State of Illinois. I don't have any objection to consenting adults who want to see violent or sexual perversions. But when it goes beyond that boundary to children, I say that is the end and there are a number of organizations, I know the PTA organization in Illinois. I know everybody in this House and in the Senate received a 31  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 letter from a group over in Decatur calling themselves the National Group Against Violence. This is an important subject that each and every one of us should have a concern in. I've attempted, Mr. Speaker, to have this Bill heard on this floor for four years now. I've met with a great amount of resistance in the Judiciary II Committee of which I'm trying to discharge this Bill and I would say probably the reason is the Membership is much more liberal than what I am when it comes to the social and moral issues. Mr. Speaker and Members of the House, I'd like to have an opportunity to debate this Bill on the floor. It's important to the people of Illinois and I'd like to have you Ladies and Gentlemen support me in this Motion."

"Is there any discussion? Is there any discussion? The Gentleman from DuPage, Representative Daniels."

"Well, Mr. Speaker and Ladies and Gentlemen of the House, I would suggest to the House this Bill is one that has tremendous problems with definitions and one that would be well advised to keep where it's at at the present time, and not let out in the House floor. Certainly, we have many other items we should deal with at the present time and I think this should be properly handled the way it is right now."

"Is there any further discussion? Representative Kelly, do you care to close?"

"Yes, Mr. Speaker, I would like to respond to Representative Daniels who indicated that there are a number of problems with this Bill that there are not. This legislation has would have gone to the U.S. Illinois Supreme Court and eventually U.S. Supreme Court to be decided and because of the Illinois law being upheld it did not have that opportunity. It's a very simple concept. If you are opposed to violent material this legislation gives 32  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 us this opportunity. I would ask for your support, Ladies and Gentlemen."

"The question is, 'Shall House Bill 708 be discharged from the Committee on Judiciary II and advanced to the Order of Second Reading?' 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 60 voting 'yes', 61 voting 'no' and two voting 'present' and the Gentleman's Motion fails. House Bill 719, Yourell. Out of the record. House Bill 720, Yourell. Out of the record. House Bill 784, Representative Bowman. Read the Motion, Mr. Clerk."

"Pursuant to rule 66A, I move to discharge the Committee on Executive from further consideration of House Bill 784."

"The Gentleman from Cook, Representative Bowman."

"Mr. Speaker, Ladies and Gentlemen of the House, 784 is a Bill which creates a Joint House Senate Committee to study the problem of the new census data in so far it relates to fund allocations, fees charged by County Clerks, salaries of County municipal officials. There are about 270 different statutes that are implemented through the use of census data and in any event I don't propose to go into detail in the substance. The point is that the Bill was posted for the last day of hearings before the House Executive Committee. I appeared. I was there all morning and the Bill was not called during the morning. Now, there was a recessed hearing that evening however, I am Minority Spokesman on the House Appropriations Subcommittee on Human Services and we were taking up all Amendments to the House Bill 588 that night which is all the Human Service Departments and as Minority Spokesman I had to be at that hearing during the evening and I could not come to Senate 33  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Executive..House Executive Committee. Normally, I would ask someone to handle my Bill for me. However, this particular piece of legislation I wrote by myself from the ground up and frankly there was nobody that I could turn to who could handle the legislation on my behalf. All the Bill does is to set up a House Senate Sub..Committee, rather, to try and get our laws in shape with respect to the use of Senate data, to accept certain things like salaries of municipal officials and county officials and so forth. I move to discharge."

"Is there any discussion? Representative Pullen. Representative Swanstrom."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would respectfully request that the Members of this House suppose the Gentleman's Motion. The Sponsor is absolutely correct when he states that he was in Committee all morning. We did have ninety Bills plus a few others posted for that day. We tried to move as expeditiously as possible. We were recessed. We went back in. We met until 7:30 or quarter till 8:00. The fact of the matter is the Sponsor did not show up. If he had shown up the Bill would have been heard. And I would hope that the House would reject this Motion."

"Is there any further discussion? Representative Bowman, do you care to close?"

"Well, yes, Mr. Speaker. In closing I'd just to say that I was with Representative Reilly all during that time. We were working on legislation in another Committee. I am Minority Spokesman on the other Committee and I had responsibilities there. I think that Representative Swanstrom was trying to imply that I was shirking my responsibility far from it. I was doing what my constituents sent me down here to do. I told 34  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Representative Swanstrom during the day that I wouldn't be able to come back that evening, so he knew that and could have called my Bill instead of holding it over till the evening. So I think that the burden is on Representative Swanstrom and it's a very simple Bill. It deals with the problem that we're going to have to face up to and I think we might as well do it systematically rather than getting nickeled and dimed to death on it."

"The question is, 'Shall House Bill 784 be discharged from the Committee on Executive and advanced to the Order of Second Reading?' 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 75 voting 'aye', 63 voting 'no', two voting 'present' and the Gentleman's Motion fails. House Bill 786, Representative Macdonald. Read the Motion, Mr. Clerk. Whoop, just a minute, Representative Macdonald."

"Yes, Mr. Speaker, this is incorrectly placed on the calendar. This Bill passed out of Committee last week."

"Out of the record. House Bill 881, Representative Yourell. Out of the record. 908, Yourell. Out of the Record. 974, Representative Steczo. Read the Motion."

"Pursuant to rule 66A, I move to discharge the Committee on Elementary and Secondary Education from further consideration of House Bill 974."

"The Gentleman from Cook, Representative Steczo."

"Thank you, Mr. Speaker and Members of the House. House Bill 974 is a Bill that was offered by the Illinois Office of Education that expanded the definition of textbooks that we use under our textbook program to include instructional materials or workbooks. It had one hearing. It fell short of votes required to pass out of Committee. The chairman 35  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 suggested that we call it another time. The Members were there. Unfortunately, due to time constraints we weren't able to do that. So I offer this Motion to discharge House Bill 974."

"Is there any discussion? The question is, shall House Bill 974 be discharged from the Committee on Elementary and Secondary Education and be advanced to the Order of Second Reading. 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 110 voting 'yes', 29 voting 'no', none voting 'present' and the Gentleman's Motion prevails. Representative Peters in the chair."

"Representative Wolf on the floor? Representative Wolf, for announcement." Wolf, J. J.: "Yes, thank you, Mr. Speaker. I just wanted to make an announcement that the House Appropriations Committee will not meet tonight. We're running too long. We have been recessed. We will be recessed until 8:00 tomorrow morning in Room 114. If there are any witnesses around waiting for the Committee, 8:00 tomorrow morning."

"Representative Kosinski for an announcement."

"Mr. Speaker and Ladies and Gentlemen of the House, the thing we're looking forward to is occurring tomorrow night. The annual grid iron dinner. Now that includes a dinner, one free drink and a lot of raucous humor, much of it pointing at us. Somewhat like a roast, for those of you who have never attended before. If you're not there to support the cause you should be there to protect yourselves. These tickets are available from any of the media people and I recommend you come. I've always attended. I found it great fun."

"House Bill 981, Representative Macdonald. Read 36  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 the Bill, Mr. Clerk."

"Motion, pursuant to rule 66A, I move to discharge Committee on Labor and Commerce from further consideration to suspend rule 66B relating to calendar requirements and advance to the Order of Second Reading, first Legislative Day."

"Representative Macdonald."

"Thank you, Mr. Speaker. House Bill 981 was assigned to Labor and Commerce Committee and I guess through some confusion in my office I never got a notice of that hearing and did not appear in Committee to have the Bill heard. It is whatever the chairman of that Committee would like to do with this Bill. It would be alright with me but I just would like to know why we didn't get the notice or what the pleasure of the Committee is."

"Representative Schuneman."

"Thank you, Mr. Speaker. I do not oppose the Lady's Motion. House Bill 981 was not posted in Labor and Commerce Committee. Apparently, there were some clerical errors in connection with this Bill and our Committee did not have notice of the posting of the assignment of the Bill to us until it was too late to get the Bill on the posting notices for the last meeting. For that reason I have not objection to the Lady's Motion. I think that her Bill was caught in the process and therefore, probably she is entitled to a hearing."

"Any further discussion? If not, the question is, shall Motion on House Bill. I'm sorry. Representative McPike."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I believe that they were probably a lot of Bills in that category that did not get posted. I think we spent three or four hours here on the last day a week ago 37  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 amending Art Telcser's Motion so that everybody's Bill could be posted. I know I had Bills in Labor and Commerce that had been assigned there and had not been posted because we came up to the fifty rule limit and they were added to the Majority Leader's Motion that day and a number of other people added their Bills to his Motion. I think it's the responsibility of the Sponsor of a Bill in that situation to make sure that the Bill is posted. And that wasn't done in this case. A number of people that did come to Labor and Commerce put their Bills in Interim Study because of time limitations. I think that the Sponsor of this Bill had due opportunity since Labor and Commerce met for nearly eight hours. I think the Sponsor had opportunity to have the Bill posted and to have it heard if she desired or if she made enough effort to have it done. For that reason I think this Motion should be opposed."

"Further discussion? If not, the question is, shall the Lady's Motion to discharge House Bill 981 from further consideration by the Committee on Labor and Commerce and placed on advance to the Order of Second Reading. All those in favor will vote 'aye', those opposed 'no'. Mr. Clerk. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. The Lady asks a poll of the absentees."

"Poll of the absentees. Beatty. Bluthardt. Braun. Brummer. Capparelli. Catania. Conti. DiPrima. Domico. Farley. Garmisa. Getty. Giorgi. Griffin. Huff. Kane. Katz. Kosinski. Krska. Laurino. Margalus. Martire. Matijevich. Mautino. McCourt. McGrew. McMaster. Ted Meyer. Redmond. Reilly. Richmond. Ronan. Sandquist. Slape. Stearney. Stewart. Stuffle. Terzich. Sam Wolf. and Yourell."

"Representative Reilly." 38  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Vote me 'aye', please."

"Record Representative Reilly as voting 'aye'. Representative Tate."

"How am I recorded? Please change me to 'aye'."

"Change the Gentleman to 'aye'. Representative Krska. Representative Krska wishes to be recorded as voting 'no'. Any other changes? Representative Braun wishes to be recorded as voting 'no'. Representative Stewart wishes to be recorded as voting 'aye'. Any other changes? Mr. Clerk, what's the count? 78 voting 'aye', 61 voting 'no', two voting 'present' and the Lady's Motion fails. Representative Barkhausen, House Bill 1005. Out of the record. Representative Yourell, out of the record. Representative Henry, your Motion on House Bill 1151 is out of order in that the Bill is now in Interim Study. House Bill 1152, Representative Rhem. Read the Bill(sic). Read the Motion, Mr. Clerk."

"Motion, pursuant to rule 66A, I move to discharge the Committee on Executive from further consideration and advance to the Order of Second Reading, first Legislative Day."

"Representative Rhem."

"Thank you, Mr. Speaker and Members of the House. House Bill 1152 will provide that replacement circuit breakers, circuit breaker checks, won't require a notary seal. When senior citizens lose their circuit breaker checks it's difficult for them to go out and find a notary. So I move to suspend the appropriate rule to discharge rule or House Bill 1152 from the Executive Committee so that it may be brought to Second Reading."

"Discussion. Mr. Swanstrom. Representative Swanstrom."

"Thank you, Mr. Speaker. Again, I would respectfully 39  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 request the Members of this House oppose the Gentleman's Motion and I can only repeat that we did have ninety some Bills posted for Committee. Those Sponsors that did show up even for our recessed evening, afternoon and evening meeting they were heard. I can't help that Representative Rhem did not show up and I would hope that the House would again reject this Motion to discharge."

"Further discussion? Representative Davis. Further discussion? Representative Bullock."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of Representative Rhem's Motion. This is Representative Rhem's first Bill. The Bill would save the State of Illinois tax dollars. The fact that the Bill was not heard I think is extenuating. I think that the spokesman or vice chairperson of the Committee has been consistent with his objections to Bills of this type, but I think deep down in his heart, knowing his district as I do, that he would not want to deny the senior citizens of his district the type of relief that this Bill would bring about. The Bill does exactly as the Sponsor has indicated and I think that the Sponsor deserves a favorable vote so that his Bill can be brought to the floor of the House where I'm sure that you would join him in supporting it. It is a very simple Bill and it does no more, no less than save the State of Illinois taxpayers' dollars and I certainly would ask that you support his Motion to discharge."

"On the Motion, Representative Henry."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, on House Bill 1151 on Thursday was posted...1152 was posted. It was not heard. I was in the Committee, in and out of the Committee. I advised Representative Rhem that he should check with the Committee. He did that several 40  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 times. The Chairman of that particular Committee, an honorable, respectable colleague of mine, he had no control on the Bill because half of the Bills were not even on his desk. That is the only reason I believe that Representative Rhem is asking this House to give him leave to bring House Bill 1152 to the floor. It was not his fault. It was the administration's fault. And I don't see why another Member should not be treated as fairly as everyone else to hear his Motion. Therefore, I am supporting his Motion."

"Representative Rhem to close."

"I'd just like to say to the Members of the House, I had no knowledge that this Bill was in Executive Committee and I would wish for a favorable vote here today...tonight."

"The question is on the Motion of Representative Rhem's..Representative Matijevich."

"Mr. Speaker, I notice the Fire Marshal's on the floor of the House. We had a very controversial issue in the Appropriations Committee and I guess he's lobbying everybody over there about what happened. But I want him to know that according to our House Rules. Since his Bill is not up for consideration and no Member has asked him to be on the floor while his Bill is under consideration, he must go off the floor and I would ask you to so tell him to get off the floor. I'd like to clear up our problem with him before I ever see him on this House floor."

"Representative Ryan."

"Thank you, Mr. Speaker. Representative Matijevich. The Gentleman has a pass that was issued from my office and he's on the floor. And if you'll state the Rule that says he can't be here under those conditions I'll accommodate you."

"Well, Mr. Speaker, Members of the House, under House 41  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Rule 53, access to House area, all I was going by...one officer, employee of a state agency requested by a Member to be present at the time the Bill or Amendment is under consideration by the House to assist in the presentation of such Bill or Amendment. That we've always had since our rules on access to the House floor have been passed.....followed. Otherwise we'd have all kinds of people running on the House floor and I thought you were one who strongly felt that we should limit the people on the floor of the House."

"Absolutely, Representative, and if that's your request, the Gentleman is going to depart the floor now."

"Good for him."

"Let's go on with the business that we're here to do."

"The people on the floor will be advised that if it is the intent of the Membership to adhere 100 percent to the rules the Chair will keep an eye out for anybody on the floor that doesn't belong on the floor for any purpose. And, I don't mean to, but I'll start on the right side and going to the left and Representative Matijevich, if you would instruct the people on your side of the aisle who are not here for any particular purpose at this time to leave, I'd end up appreciating that and I'd ask the Majority Leader to do the same on our side of the aisle. Representative Rhem has closed. The question now is on his Motion. 'Shall House Bill 1152 ..' His Motion to discharge the Committee on the Executive for further consideration of House Bill 1152 and advance to the Order of Second Reading, be adopted. All those in favor will signify by voting 'aye'; those opposed by voting 'no'. Mr. Clerk. On this Motion there are 81 voting 'yes', 40...Take the record, Mr. Clerk. Representative...Pouncey? Representative Rhem, for what purpose do you arise?" 42  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Yes. Could I have a poll of the absentees roll please?"

"Mr. Clerk, the Gentleman requests a poll of the absentees. Representative McBroom?"

"Well, Mr. Speaker, a poll of the absentees is fine. But let me just make one brief comment. The other evening I was sitting here with Representative Abramson. There was 147 'yes' votes on the Board and there were two Members up explaining why they were voting either 'yes' or 'no'. Now, we all know there's 'yes' votes up there that are not in the chamber this evening. And I would....it's no wonder that we're here till midnight and one o'clock and Committees are late and so forth. It's these kinds of actions that cause that kind of thing. We've got two rugged months ahead of us and I would respectivly ask the Members on both sides of the aisle if they couldn't use a little better judgements on call of the absentees and explanation of votes. Thank you. I would suggest this Roll Call be dumped and an accurate Roll Call be put on the Board and then if Representative Rhem wants to call the absentees, that's fine."

"Representative Tate, for what purpose do you arise?"

"I'd like to be recorded as voting 'aye'."

"Change Representative Tate from 'no' to 'aye'. Representative Bower? Representative Bower wishes to be recorded as voting 'aye'. Representative Jaffe."

"Will you vote me 'aye' please?"

"Representative Jaffe wishes to be recorded as voting 'aye'. Representative Schneider wishes to be recorded as voting 'aye'. Representative Stanley wishes to be recorded as voting 'aye'...change from 'no' to 'aye'. Representative Smith...wishes to be recorded as voting 'aye'. Representative Boucek change from 'no' to 'aye'." 43  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Representative Stiehl..."

"Vote me 'aye' on this."

"Representative Ronan..Representative Stiehl wishes to be recorded as voting 'aye'. There's a lot of people that want to get their votes changed. It's not for me to tell them sit down. Representative Barnes wishes to be recorded as voting 'aye'. Representative Ropp wishes to be changed from 'no' to 'aye'. Representative Martire wishes to be changed from 'no' to 'aye'. Representative Deuchler wishes to be..."

"Vote me 'aye' please."

"Voted 'aye'. Representative Nelson wishes to change from 'no' to 'aye'. There are enough votes to pass. Do the Members still wish to make changes? Representative Dunn? Representative Jack Dunn from...wishes to be recorded as voting 'aye'...'no' to 'aye'. Representative Roland Meyer from 'no' to 'aye'. Representative Huskey wishes to be recorded as voting 'aye'. Representative C.L.McCormick wishes to be changed from 'no' to 'aye'. Representative Wolf wishes to change from 'no' to 'aye'. Representative Klemm, from 'no' to 'aye'. Representative Zwick from 'no' to 'aye'. Representative Catania wishes to be recorded as voting 'aye'. Do we have all that, Mr. Clerk?"

"Yes."

"Representative Koehler from 'no' to 'aye'. Representative Kelley, Jim Kelley, from 'no' to 'aye'. Representative Fawell from 'no' to 'aye'. Representative Kociolko from 'no' to 'aye'. Representative Findley from 'no' to 'aye'. Representative Alstat wishes to be recorded as voting 'aye'. Representative Ackerman from 'no' to 'aye'. Representative Virginia Frederick 'present' to 'aye'. Representative Oblinger wishes to be recorded as 44  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 voting 'aye'. Representative Topinka wishes to be recorded as voting 'aye'. Representative Hoxsey from 'no' to 'aye'. Representative Johnson from 'no' to 'aye'. Any other changes? Representative Brummer? Representative Brummer."

"At the appropriate time I'd like to move to put this on the Consent Calendar."

"Any other changes? Representative Swanstrom."

"Thank you, Mr. Speaker. I would request a verification of the Affirmative Roll Call. Well, I got everybody's attention anyway. I'll withdraw that request."

"What is the count, Mr. Clerk? On...What is it? On this Motion there are 117 voting 'aye', 32 voting 'nay', 4 voting 'present'. The Motion to discharge the Committee on Executive on House Bill 1152 and place..and advance to the Order of Second Reading is adopted. Representative DiPrima, 1153. Representative Doyle, for what purpose do you arise?"

"I'd like to ask leave in the absence of Representative Larry DiPrima, who is in Chicago to attend the wake and the funeral of his political leader and advisor...Board Committeeman, Mr. 'Gripwold'. He asked me if I would ask permission to discharge the Committee on Pension and Persons...Personnel and Veterans Affairs from further consideration ...."

"Does the Gentleman have leave to make the Motion for Representative DiPrima? Proceed. Proceed, Representative Doyle."

"Well, at this time, I want to....pursuant to Rule 66-A, I move to discharge the Committee on Personnel and Pensions for House Bill 1153. This is a veterans Bill. It's an Act to ...amends an Act concerning the educational opportunities for children of deceased or totally disabled veterans by increasing from $158 to $250 the maximum 45  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 benefit per child per school year..."

"Is there discussion?..."

"And I ask for an affirmative vote."

"Is there discussion? Representative McAuliffe."

"Mr. Speaker and Ladies and Gentlemen of the House, what Representative Doyle said was true. The Bill was given to us at the last minute. When the Bill...The Bill was posted, but when the time came to call the Bill there were no printed copies of the Bill available. So, I have no opposition to Representative DiPrima's Motion. I would urge that the Committee be discharged."

"Representative Stuffle. Representative...Any other discussion? There being none, the question is, 'Shall the Motion made by Representative Doyle to discharge Committee on Personnel, Pensions and Veterans Affairs from further consideration House Bill 1153 and advance to the Order of Second Reading be adopted?' All those in favor will vote 'aye'; those opposed vote 'nay'. Mr. Clerk. Voting is open. Take the record. On this...On this question the vote is 128 voting 'yes', 3 'no', 2 voting 'present' and the Motion on House Bill 1153 is hereby adopted. House Bill 1176, Representative Slape. Read the Motion, Mr. Clerk."

"Motion pursuant..."

"I'm sorry. Hold on. Representative Slape, your Bill is Interim Study...in Interim Study so your Motion is out of order. Pardon?"

"By whose request was it put in Interim Study?"

"Mr. Clerk, where is this Bill, 1176? Representative Darrow, do you have an inquiry?"

"Yes, I have an inquiry. Would it be possible to amend the Motion on its face and if it is in Interim Study, call the Motion even though it would then take 107 votes?" 46  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Well, let's...let's get to that when we find out where it's at. ...Representative...Representative Vinson, for what purpose do you arise?"

"What is the question before the House right now, Mr. Speaker?"

"The question is to determine whether the Chair is correct in the record it has that this Bill is now in Interim Study. We're checking the computer."

"And which Bill is it we're dealing with?"

"1176."

"Thank you."

"We're doing this with your leave, Representative Slape. Can we go on to the next Motion? We're just checking the computers to see who's right here. We'll get right back to you. You'll be next. House Bill 11...Let's take that one out of the record, Mr. Clerk. House Bill 1194, Representative Bowman. Read the Motion, Mr. Clerk."

"Motion pursuant to Rule 66-A, I move to discharge Committee on Judiciary I from further consideration and advance to the Order of Second Reading First Legislative Day."

"Representative Bowman on the Motion."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This particular Bill was introduced to try and remedy a problem that we've had with us for a couple of years now with regards to hearings before what used to be the Fair Employment Practice Commission, now the Human Rights Agency. And, it was supported by the department. However, the Bill was called quite late in the evening. I had been there all evening and prepared to present the Bill for about four hours. It was called about 10:30 and a couple of my votes were off the floor at the time the thing was called plus it was pretty late. And while the general 47  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Committee Membership was pretty well present, nonetheless it was very late and people were quite tired and I think that the issue is one which deserves our careful attention and to my knowledge there's no other legislation on the subject. So, that's why I'm moving to discharge Committee."

"Discussion on the Gentleman's Motion? Representative Leinenweber."

"Thank you, Mr. Speaker. True, the Bill was called rather late in the evening. However, I'd like to point out that in spite of the fact that it was called late in the evening, 13 out of 15 Members appointed to that Committee were in attendance including, and I might like to point out, all nine Republican Members were present, participated in an extensive debate on this Bill. It was the considered judgment of the Members of the Committee that were present, including all nine Republican Members and all but two of the Democratic Members, that the Bill needed further work, was not in the proper form for this House to consider on Second Reading. It covered a subject which was somewhat controversial. The Bill however did receive a full and complete hearing. There was no problem about numbers of Committee Members. There were plenty of Committee Members there to vote the Bill out had they been so inclined. However, it was the feeling of apparently not enough of the Committee Members that it was not in the proper form to be considered by the entire House on Second Reading. And as the policy of the Committee has always been, we don't put Bills out which we are not prepared to tell this House that are in proper form. So, in spite of the fact that it was late, the Committee was almost entirely there, at least all Republican Members were there and almost all Democratic Members were there and I believe the Committee process 48  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 should be upheld in this instance and I would oppose the Gentleman's Motion."

"Is there further discussion? If not, Representative Bowman to close."

"Well, the Gentleman is absolutely correct. All the Republican Members were there. But, their eyes were glazed over. They'd been there for four hours. They were staring blankly into space. And I'm quite sure that they probably thought it was some other Bill. So I'm moving to discharge. Thank you."

"Representative Leinenweber?"

"Well, I would point out that the Committee had been there for six hours, but they were glazed over when they began the Committee. But by that time they were unglazed and were in full attention."

"The question is, 'Shall House Bill 1194 be discharged from the Committee on Judiciary from further consideration and advanced to the Order of Second Reading?' Mr. Clerk. All those in favor will vote 'aye' and those opposed 'nay'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 70 voting 'aye', 61 voting 'nay', none voting 'present'. And the Motion is..fails. House Bill 12...Representative Slape, you are correct. We will now go back to House Bill..the Motion on House Bill 1176. Representative Slape. Mr. Clerk, read the Motion."

"Motion pursuant to House Rule 66-A, I move to discharge Committee on Executive from further consideration and advance to the Order of Second Reading, First Legislative Day."

"Representative Slape."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the 49  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 House. Through some oversights, House Bill 1176 was not posted for the Executive Committee last week so I made a Motion on the Majority Leader's...in fact I think I made the first Motion to waive the posting requirements and amend his Motion last week. I was then told by the Vice Chairman of Executive Committee who was sitting as Chairman that day that it was very doubtful in his mind that he would get to another Bill because his posting list was already so long. And simultaneously I was sitting on two Committees where of course Republican and Democratic Memberships were coming and getting me and asking me to be in attendance in those Committees to help them get their Bills out. When I got back to the Executive Committee, they were adjourning and I did not have a hearing on this Bill. I think the Bill is of a scope and nature that the House should have a chance to debate it and it should be brought before the House. Therefore, I would move that we suspend Rule 66-A and the Bill be brought to the Second Reading..First Legislative Day."

"Any discussion? Representative Swanstrom."

"Thank you, Mr. Speaker. Again, I would object to the Gentleman's Motion. Although we did go into a recessed Session of the Executive Committee in hearing several Bills, there was ample time for Representative Slape's Bill to be heard. He even sat as a Member of that Committee on that particular day. If he had so wished to have his Bill called, he would have had it called. And I would have been glad to do so. He did not make that request. The Committee, again, I can only state, worked until 7:30 or quarter to 8:00 that evening. We could have heard his Bill if he wanted it. I would urge the Membership to reject his Motion."

"Any further discussion? If not, Representative 50  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Slape to close."

"It's been a long and kind of a grueling process up there. And I know a lot of us are tired and I think maybe a little overworked. But I would like to remind the Gentleman who was Chairman of the Committee that day that I had spoke to him about the posting. He told me at that time that he was ..that the Bill probably would not be called. But I had it posted in his Committee anyway and as a Member of that Committee I asked him where we were at several times and the..on his agenda. The Bill was not called when I came back to the Committee from one of the Committees of which I am a Member of just as they were adjourning and it was too late at that time to call the Bill. And I would ask for a favorable Roll Call."

"The question is, 'Shall the Motion relative to House Bill 1176 to discharge the Committee on Executive from further consideration and advance to the Order of Second Reading be adopted?' Those in favor will signify by voting 'aye'; those opposed by voting 'no'. Mr. Clerk? Have all voted who wish? Representative Darrow to explain his vote."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, what this legislation does is increase the bonding authority of the Industrial Development Authority. It goes from $100 million to $300 million. At a time when our state is losing jobs and people are out of work and manufacturers are going around trying to secure the funds necessary for expansion, I feel it's time that we do expand this, that we do allow more bonding authority. This isn't a Bill that should be partisan, that Democrats are for, Republicans for. This helps not only the working man, but also the manufacturer, the small businessman who has to borrow some money to expand his factory. It's been very 51  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 helpful in downstate Illinois and I solicit an 'aye' vote."

"Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are... The..Representative Slape requests a poll of the absentees."

"Poll of the Absentees: Bluthardt. Catania. Conti. Davis. Deuster. DiPrima. Domico. Ralph Dunn. Virginia Frederick. Dwight Friedrich. Garmisa. Getty. Giorgi. Griffin. Huskey. Kane. Katz. Kucharski. Laurino. Margalus. McAuliffe. McCourt. McCormick. McGrew. Ted Meyer. Oblinger. Peters. Redmond. Ropp. Sandquist. Schuneman. Irv Smith. Margaret Smith. Stearney. C.M.Stiehl. Wikoff. Winchester. And, J.J.Wolf."

"Yes, Ms. Smith. Mrs. Smith wishes to be recorded as voting 'aye'. What is the count, Mr. Clerk? On this question there are 83 voting 'aye', 54 voting 'no', 3 voting 'present', and the Motion fails. House Bill 1229, Ms. Stewart. Representative Stewart."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to discharge the Committee on Judiciary II pursuant to the proper rule to consider the House Bill 1229. 1229 addresses the awful and hideous crime of gang rape creating a separate class of felony and providing additional penalty for persons so convicted. I make this Motion not to beleaguer the House Calendar, but this Bill along with three others were posted for the Judiciary II Committee and the clock simply ran out. I chose this particular Bill because I thought it was the most important. I beg your indulgence and respectfully request an 'aye' vote."

"Is there any discussion? Representative Vinson." 52  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Thank you, Mr. Speaker. The Lady's Motion I believe is in order. It's a law and order type Bill. It stiffens a criminal penalty for a very heinous sort of crime and I would urge that Members look with favor upon her Motion and vote 'aye'."

"Representative Alexander."

"Mr. Speaker, and to the House in general, every woman in this chamber should rise and give an 'aye' vote on this Motion and our men too. It's bad enough that we have the crime of rape, but when it's multiplied by seven or eight individuals the trauma experienced by persons caught in this position is sometimes very devastating. I support this Motion and ask you to give Representative Stewart an 'aye' vote."

"Any further discussion? Ms. Stewart to close."

"Yes. Well, there are few women Members in this chamber. I'm sure every person here has a mother, perhaps you have daughters and sisters. This is a terrible, hideous crime. There should be additional penalties. Again I ask an 'aye' vote."

"The question is, 'Shall House..Shall the Motion with respect to House Bill 1229 to discharge the Committee on Judiciary II from further consideration and advance to the Order of Second Reading be adopted?' Those in favor will signify by voting 'aye'; those opposed by voting 'no'. Mr. Clerk. Representative Watson, would you get my button please? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 146 voting 'aye', none voting 'nay' and none voting 'present'. And the Motion in respect to House Bill 1229 is adopted. House Bill 1240, Representative Henry. Mr. Clerk, read the Motion."

"Motion pursuant to Rule 66-A, I move to discharge 53  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 the Committee on Elementary and Secondary Education from further consideration and advance to the Order of Second Reading, First Legislative Day."

"Representative Henry."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This particular Bill was not posted on Wednesday, April 22. On Thursday I tried to get the Bill into the Committee with no help whatsoever because we couldn't find the Bill. On the last part of the evening, last part of the evening, Mr. Speaker, the Bill was finally found. I was at another Committee meeting and I was unable to go before Representative Hoffman's Committee. For that reason, for that reason I'm asking to discharge the Bill from Elementary and Secondary Education Committee to the floor for Second Reading."

"Any discussion? Representative Reilly."

"Reluctantly, but as the Chairman of that Committee, I would rise to oppose the discharge Motion. We did have it posted and could have heard it had Representative Henry been there. I understand the problems of getting to several Committees. I think there is a subject matter in the Bill that's important and we'd be perfectly happy to have this on our Interim Calendar and to consider it at that time. But I would strongly oppose the Motion to discharge Committee. It should be considered in Committee and the details worked out if and when it should ever come to the floor."

"Any further discussion? Representative Henry to close."

"Mr. Speaker, it was not my fault (for) the confusion and I'm not blaming anyone because I understand there were a number of Bills pending. But because of the confusion my Bill was not given fair hearing and all I'm asking, Mr. 54  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Speaker and Ladies and Gentlemen of the House, is that I be afforded the same right as any other Member of the House. Therefore, I ask for a favorable Roll Call on this Motion."

"The question is, 'Shall the Motion with respect to House Bill 1240 to discharge the Committee on Elementary and Secondary Education prevail?' Those in favor will signify by voting 'aye'; those opposed by voting 'nay'. Mr. Clerk. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are ...On this question there are 78 voting 'aye', 49 voting 'nay', 3 voting 'present'. And the Motion fails to be adopted. House Bill...Motion on House Bill 1267, Representative Braun. Representative Braun? Read the Motion, Mr. Clerk."

"Motion pursuant to Rule 66-A, I move to discharge the Committee on Financial Institutions from further consideration and advance to the Order of Second Reading, First Legislative Day."

"Representative Braun."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this Bill was boxed up in the kind of funny conundrum we ran into. It had been requested in January from the Legislative Reference Bureau. It was received by me only the week of the...the week before the posting deadlines. I attempted to get it posted in Committee, was unsuccessful and I now move to discharge Committee. It has not been heard at any time."

"Is there any discussion? Representative McBroom."

"Yes. Mr. Speaker, Members of the House, I have to regretfully rise in opposition to Representative Braun. The Bill was not heard in Committee. I didn't hear what her explanation was. Many of us I think on both sides of 55  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 the aisle detected a lack of interest when the Representative didn't appear before the Committee. It flys in the face of House Bill 438 which would remove the usury rate and in my judgment it's an unworkable piece of legislation. And I would hope that the Membership would reject her Motion."

"Any further discussion? Representative Braun to close."

"Just that, Mr. Speaker, the Motion is made on the basis of a procedural point and that is that this Bill did not...there just was not an opportunity. You can tell by the number. I'm sure there will be a number of Bills following in the higher range of numbers that came out of LRB late and just were not heard. Whether you support or oppose the substance of the legislation it seems to me is not really the issue here. It's whether or not the Bill should get a fair hearing before this legislative chamber."

"My apologies, Representative Braun. I did miss the Minority Spokesman on the Committee, Representative Leon. Representative Leon."

"Mr. Speaker and Ladies and Gentlemen of the House, this Bill was posted for a hearing on the last day last week and we were able to hear all Bills where the Sponsors appeared. Representative Braun did not appear. Therefore, we could not hear the Bill and I oppose her Motion at this time."

"Any further discussion? The question is, 'Shall the Motion with respect to House Bill...'...Representative...I'm sorry. Representative Braun."

"Mr. Speaker, the last thing I would ever want to do is misrepresent something on this floor. I've never received a notice of the posting whether for the last day or not. I know I checked to see if this had been posted and at the 56  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 time that I checked it had not been. So, if it was posted thereafter and heard...an opportunity for hearing, I withdraw my statements. But I just wanted to say that it was my understanding that I had not been able to get this Bill posted for a hearing in this Committee and again, that is the only point that I make by this Motion."

"There being no further discussion, the question is, 'Shall the Motion with respect to House Bill 1267 to discharge Committee on Financial Institutions be adopted?' All those in favor will signify by voting 'aye'; all those (opposed) by voting 'no'. Mr. Clerk. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 57 voting 'aye', 61 voting 'nay', none voting 'present' and the Motion fails. House Bill 1301. Representative Schneider. Read the Motion, Mr. Clerk."

"Motion, I move pursuant to Rule 66-A to discharge the Committee on Elementary and Secondary Education from further consideration and advance to the Order of Second Reading, First Legislative Day."

"Representative Schneider."

"Thank you, Mr. Speaker, Members of the House. 1301 is a series of Bills that did not get heard even though they had been properly posted. I had a number of Bills in the Committee. I heard those. With the consent of the Committee I did not persist in staying at the witness table, I think in part out of courtesy to the other Members, to give them an opportunity to hear their Bills. So this Bill was not heard in Committee because we just simply ran out of time. I do think it's worth the effort by the House to hear it and I would ask for a discharge. Other Bills that I had that did not get heard will not have a similar discharge Motion. But this one I think is 57  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 important enough so that it should be considered by the Body. I would solicit support for the Motion."

"Any further discussion? There being none, the question is, 'Shall the Motion with respect to House Bill 1301 to discharge the Committee on Elementary and Secondary Education be adopted?' All those in favor will signify by voting 'aye' and those opposed 'nay'. Mr. Clerk. Have all voted who wish? 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 95 voting 'aye', 31 voting 'nay', 6 voting 'present' and the Motion is adopted. House Bill 130....Motion relative to House Bill 1302. Representative Bowman."

"Motion, I ..pursuant to Rule 66-A, I move to discharge Committee on Executive from further consideration and advance to the Order of Second Reading, First Legislative Day."

"Representative Bowman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1302 is an unusual Bill because it has the endorsement of the Leadership on both sides of the aisle. Indeed, the Majority Leader even registered as a proponent in favor of the legislation in the Executive Committee when the Bill was posted for hearing. Unfortunately, the Bill was not called before the noon adjournment or recess rather, and I was unable to come back in the evening because as I indicated to this chamber earlier, I am the Minority Spokesman on a Committee which was meeting simultaneously with the recessed Session of the House Executive Committee to which 1302 was assigned. And so, my responsibilities took me elsewhere. House Bill 1302 is a Bill designed to clear the paper and the clutter out of your offices. We get reports and papers and documents 58  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 from hundreds of boards and Commissions and you know as well as I do, we don't read them. We don't have time to read them so we throw them away and it's a waste. What 1302 does is to require that every state agency which reports to the General Assembly discharges its obligation by reporting to the House Leadership and the Senate Leadership and that's four people and to the state library. And then once a month the state library will send each of us a form showing what new reports they've got during the month and if we want them we'd check it off and send it back to them. It's as simple as that. Clears the clutter out of your offices. So if you vote to discharge on this good Bill hopefully in the very near future the paper flowing through your offices will be reduced to a bare minimum."

"Any further discussion? Representative Swanstrom."

"Thank you, Mr. Speaker. Again, last Thursday the Executive Committee as did many other Committees worked many long hours. If Representative Bowman wanted his Bill to be called it would have been called. I can't help that he didn't get back even in our recessed Session. If he was so busy that he couldn't be there himself, he could have authorized any other Member of this Assembly to handle that Bill for him. If it has such bipartisan support that could have easily been done. I would urge the Membership to reject his Motion."

"Any further discussion? Representative Preston."

"Thank you, Mr. Speaker, Ladies and Gentlemen. There have been many occasions in which Representative Bowman and I have found reason to disagree with one another, but I must admit that this Bill is probably the most useful Bill 59  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 in the last Session and in this Session of the General Assembly to come up for a vote. I can't imagine anybody in this House voting against this Bill. It will cut down the waste of paper and the absolute cluttering of desks here and in our offices. Representative Bowman was correct. We don't read all that stuff. If we did, we would have little time to do other than sit in our offices and read report after report after report that has been delivered to us unsolicitedly. We have to vote this Bill. It's useful and it saves time."

"Representative Friedrich."

"Well, Mr. Speaker, I was just going to suggest that you ask the ...those who speak to confine themselves to the Motion. We're getting into the merits of the Bill. If we're going to do that we're going to be here all night."

"Your point is well taken, Representative Friedrich. The Chair will now call attention to anyone who strays from the purpose of the Motion. The Chair recognizes Representative McAuliffe."

"Mr. Speaker and Ladies and Gentlemen of the House, I find myself in the rare position of agreeing with Representative Bowman and I just wanted to stand up and urge the Members to adopt his Motion."

"Representative Matijevich."

"Mr. Speaker, I too want to urge and I don't want to go on any farther because I would go into the merits of the Bill. But this is one time when it has nothing to do with the Committee, the Committee Chairman or the Committee system. This is a rare opportunity we have to get rid of wastes in our own back yard and I would urge an 'aye' vote."

"Representative Bowman to close, briefly."

"I cannot improve on the remarks of Representative 60  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Matijevich and Representative McAuliffe and Representative Preston and so I forego my closing remarks."

"The question is, 'Shall the Motion with respect to House Bill 1302 to discharge the Committee on Executive from further consideration be adopted?' Those in favor will signify by voting 'aye'; those opposed by voting 'nay'. Mr. Clerk. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 120 voting 'aye', 20 voting 'nay', 1 voting 'present'. And the Motion is adopted. House Bill 1460, Representative Catania. Read the Motion, Mr. Clerk."

"Motion pursuant to Rule 66-A, I move to discharge the Committee on Financial Institutions from further consideration and advance to the Order of Second Reading, First Legislative Day."

"Representative Catania."

"Thank you, Mr. Speaker and Members of the House. I've checked with the Chairman of the Committee on Financial Institutions and the Minority Spokesman and they agree with me that the best place for this wonderful Bill is Interim Study. So I ask leave to send it there."

"Hearing no objections, the Bill is assigned to Interim Study. House Bill 1488, Representative Henry. Out of the record. House Bill 1491, Representative Braun, is in Interim Study and your Motion is out of order. House Bill 1522, Representative Preston. Read the Motion. Did you say out of the record? Read the Motion, Mr. Clerk."

"Motion pursuant to Rule 66-A, I move to discharge the Committee on Revenue from further consideration and advance to the Order of Second Reading, First Legislative Day."

"Representative Preston, brief." 61  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Thank you, Mr. Speaker. Ladies and Gentlemen, House Bill 1522 was not posted in Committee and never had a hearing in the Revenue Committee. I spoke with the Chairman of the Revenue Committee concerning suspending the rules, the posting requirements and he agreed to have that done. Unfortunately, at the time Representative Kane felt compelled to object to the suspension of the rules and when Representative Telcser later on Friday brought his Motion that included many Bills it was too late to include this Bill since the Revenue Committee had already had its final meeting. So I would ask the Members to allow us to have a hearing on this and to vote 'aye' on the Motion."

"Further discussion? Representative Ewing."

"Mr. Speaker and Ladies and Gentlemen of the House, I'm sorry that I and Representative Preston misinterpret this in somewhat different way. I don't believe that I ever agreed to support the discharge of the Committee or the hearing of this Bill. We had a full Committee hearing the last day. All of the Bills that we could post were posted and I would ask that we defeat the Motion."

"Further discussion? Representative Preston to close."

"Thank you, Mr. Speaker. I do, indeed, regret that Representative Ewing has changed his position on this. He did tell me expressly that he would absolutely not object to the suspension of the posting rule and Representative Kane did object at that time and by the time ...it was too late when Representative Telcser had his Motion that included many Bills to include this Bill because the Revenue Committee had already met in the morning on the day when Representative Telcser made his Motion. All I'm looking for is a hearing. The Bill incidently, Representative Ewing, as is stated in your analysis is not 62  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 the Bill as I indicated to you originally. The Bill would be amended to be considerably different than it is if I can just get it on Second ..Second Reading."

"The question is, 'Shall the Motion with respect to House Bill 1522 to discharge the Committee on Revenue be adopted?' Those in favor will signify by voting 'aye'; those opposed by voting 'nay'. Mr. Clerk. Babe, Babe. Representative Woodyard. Repre...Thank you. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 81 voting 'aye', 51 voting 'nay', 2 voting 'present'. And the Motion fails. House Bill 1545, Representative Bowman. Read the Motion, Mr. Clerk."

"Pursuant to Rule 66-A, I move to discharge Committee on Revenue from further consideration of House Bill 1545."

"Representative Bowman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1545 amends the Manufacturer Sales Tax Exemption Statute. It was assigned to the Revenue Committee as...Because it was filed late it was...the only available posting time was the last week of the hearings. And I asked Representative Ewing what his intention was with respect to Bills for that last week, if he intended to post all the Bills and he assured me that it was his intention to post all Bills. And so I had every reason to believe that the Bill was to be posted for hearing. It was not posted and consequently there was no hearing on the Bill. I feel that this particular issue is critical and therefore, a discharge Motion is in order. I would remind the Assembly that the Governor has in his budget some savings based on the assumption that something is going to happen to this particular piece of legislation and 63  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 ...er...that particular Section and something had better get out of the Committee. Nothing else has gotten out of the Committee."

"Any further discussion? Representative Ewing."

"Mr. Speaker, Ladies and Gentlemen of the House, the Sponsor of this Motion is one of the most astute Members of this House. He has as much or more legislation than anybody. He knows how to manage his Bills. He knows that it's his responsibility to get them posted. He knows he's supposed to call...that we can't chase him down and now he's trying to put the responsibility somewhere else. This Bill should have been heard in Committee. It's a very complicated measure. It should not be put out on this House floor. And I would ask for a 'no' vote."

"Representative Bowman to close."

"Well, I don't know if he's talking about the same Bill that I'm talking about because I was the one that chased him down and somehow the Bill didn't get posted. Now, I don't know whether this is some kind of partisan maneuver because the Chairman doesn't want the Bill out on the floor or what. If he does I'd just as soon he'd tell me that personally and not go through this charade. I'm trying to do the Republicans a favor. Something's going to have to happen to that manufacturing sales tax exemption. It's in the Governor's budget and I don't see any other legislation floating around and I don't know if any Republican wants to sponsor that legislation. I don't know which one of you on the other side of the aisle wants to sponsor a Bill like this. In fact, this Bill would keep...."

"Representative Bowman, let's keep on track. I'm being reminded here."

"Okay. Okay. I'm just trying to do you guys a favor."

"Thank you." 64  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"I ask for the same Roll Call on 1302."

"There being no further discussion, the question is, 'Shall the Motion with respect to House Bill 1545 to discharge the Committee on Revenue from further consideration be adopted?' All those in favor will signify by voting 'aye'; all those opposed by voting 'nay'. Mr. Clerk. Voting is open. All those in favor vote 'aye'. Have all voted who wish? Have all voted who wish? Representative Pierce, to explain his vote."

"Well, yes, Mr.. Speaker, to explain my vote as the Minority Spokesman..."

"One minute."

"..On Revenue. There were Members who were not...Members of the Revenue Committee whose Bills were not posted because we reached a 50 Bill limit. It's not their fault. And I know the Chairman took that position and didn't schedule additional meeting, that he would stop at 50 and he would take the Members of the Revenue Committee first and those who had not had their Bill heard, some of them....So there were Bills that weren't posted that should have been posted and for that reason, I'm going to vote 'aye'. And I think everyone should vote 'aye'. I don't think it's the Chairman's fault that he had more than 50 Bills. That's a rule. They were assigned to his Committee. But it's certainly not the Sponsor's fault that his Bill wasn't posted. I know he tried to get it posted and therefore, we should vote 'aye' and support him on this Motion."

"Representative McPike. Representative Bowman to explain his vote for one minute."

"No, Mr. Speaker. I just wanted to say..ask the Chair for a poll of the absentees if this fails to get the requisite number of votes. This is a very important 65  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 issue."

"Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. The Gentleman asked for a poll of the absentees."

"Poll of the Absentees: Bluthardt. Breslin. Conti. Davis. Deuster. DiPrima. Domico. Donovan. Ebbesen. Dwight Friedrich. Garmisa. Getty. Giorgi. Griffin. Hastert. Jackson. Karpiel. Katz. Laurino. Leverenz. Margalus. Mautino. McAuliffe. McCourt. McGrew. Ted Meyer. Oblinger. Preston. Sandquist. Schuneman. Stearney. Topinka. Wikoff. J.J.Wolf..."

"J.J. Wolf votes 'no'."

"And, Zito."

"What is the count, Mr. Clerk? On this question there are 71 voting 'aye', 66 voting 'nay', 6 voting 'present'. And the Motion fails. Representative McGrew, 1589? The Gentleman from Madison, Representative Wolf."

"Thank you, Mr. Speaker. On behalf of the Sponsor I would ask leave of the House to put House Bill 1589 together ...."

"Representative Wolf asks leave of the House..."

"Mr. Speaker, let me finish just a second. Together with House Bill 1885 and 1886 in Interim Study. Thank you."

"Does the Gentleman have leave? Hearing no objections, House Bill 1589...What's the others, Mr. Wolf?"

"1885 and 1886."

"1885...1885 and 1886 are in Interim Study. House Bill 1594, Representative Yourell. Do you wish the Motion called, Representative? Page 36, Representative Yourell. Out of the record. House Bill 1626, Representative Winchester. Read the Motion, Mr. Clerk."

"Motion pursuant to Rule 66-A, I move to discharge the Committee on Conservation and Natural Resources from 66  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 further consideration of House Bill 1626."

"Representative Winchester."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1626 was assigned by the Committee on Assignment too late to Conservation and Natural Resources for it to meet the six and a half day posting notice. A Motion was offered by the Chairman of that Committee but it failed to meet the required amount of votes to pass because of the rules controversy and the Bill never had an opportunity to be heard in Committee. And I would now ask that it be heard in Committee."

"Further discussion? Representative Macdonald."

"Yes, Mr. Speaker and Ladies and Gentlemen of the House. Representative Winchester is exactly right and I certainly do support his Motion to discharge from Committee House Bill 1626."

"Any further discussion? There being no further discussion, the question is, 'Shall the Motion with respect to House Bill 1626 discharge the Committee on Conservation and Natural Resources from further consideration be adopted?' All those in favor will signify by voting 'aye'; all opposed by voting 'nay'. Mr. Clerk. 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 124 voting 'aye', 4 voting 'nay', 1 voting 'present'. And the Motion is adopted. In respect to Motions on House Bill 1649 and House Bill 1650, those two Bills are in Interim Study and the Motions are out of order. Representative Braun on House Bill 1693. Read the Motion, Mr. Clerk. Representative Braun."

"Thank you, Mr. Speaker. The provisions of this Bill were amended into another Bill that was passed out of Committee, I therefore withdraw this Motion." 67  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Motion withdrawn. House Bill 1713, Representative Pechous. Read the Motion, Mr. Clerk."

"Motion pursuant to Rule 66-A, I move to discharge the Committee on Revenue from further consideration of House Bill 1713."

"Representative Pechous."

"Yes, Mr. Speaker and my fellow colleagues here on the House floor, House Bill 1713 by way of history came to my attention by...through an Ethnic Cultural...."

"Excuse me, Representative Pechous. Gentlemen, we don't have too much further to go. If we could just keep it down. We're getting a little louder. Thank you. Representative Pechous, continue."

"Yes, again, House Bill 1713 came to my attention through an ethnic cultural organization, athletic organization open to all within the community. They had suffered a revocation of their bingo licensing, their permit. And they asked me to join with them which I did at a hearing before the Revenue Department Session in Chicago. Unfortunately, that hearing was not successful. There had been a redefinition of the bingo licensing law which ............did disqualify them. And so I have asked..I have asked the Members of my seven district representative legislative team to join with me as Cosponsors on this bipartisan measure to enlarge...to provide that the ........organization, the German organizations, the various organizations including the Black Patrolman's League, all of them be able to participate in a conducting....in a conducting of bingo under the redefinition of paternal groups. The Bill was..The Bill was introduced on April 22nd and it was in the Reference Bureau the longest time, several months. It failed posting on April 29th. I believe that this matter demands...demands our attention. 68  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 I would ask for a favorable vote on the discharge of Revenue Committee which never had the Bill posted. It would have sailed through there. I ask for a favorable vote on House Bill 1713. Thank you."

"Any further discussion? Representative Ewing."

"Mr. Speaker, Ladies and Gentlemen of the House, I think this is an important area of the law and one that should be heard by Committee. I don't think we should be putting it out here at the last minute. The Bill was filed late. I think it's an important subject but it should be heard by Committee before it's put out in the full House and I would oppose this Motion."

"Any further discussion? If not, Representative Pechous to close."

"If we do not take this action, this organization which is open to the very young to the very old which has had letters filed on its behalf by the Mayor and all other groups, if we do not take favorable action this group will lose its pension....will lose its bingo license and then be forced to close after nearly one hundred years of activity. I ask for a favorable vote."

"The question is, 'Shall the Motion with respect to House Bill 1713 to discharge the Committee on Revenue be adopted?' Those in favor will signify by voting 'aye'; those opposed by voting 'no'. Mr. Clerk. 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 107 voting 'aye', 28 voting 'nay', 2 voting 'present'. And the Motion is adopted. House Bill 1719, Representative McGrew. The Gentleman from Madison, Representative Wolf."

"Thank you, Mr. Speaker. I'd request leave of the House to present the Motion of Representative McGrew who can't be here this evening because of a death in the family." 69  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Does the Gentleman have leave? Proceed, Representative."

"Thank you, Mr. Speaker and Members of the House. House Bill 1719 is a Bill that the Sponsor, Representative McGrew, requested from the Reference Bureau back in January. However, he didn't receive this Bill until one day last week and it was assigned the day following the last day that the Elementary and Secondary Education Committee met. On this basis, I would request to discharge the Committee on Elementary and Secondary Education from further consideration and advance the Bill to the Order of Second Reading, First Legislative Day."

"Any discussion? Representative Reilly."

"Thank you. Representative McGrew did call me. It's true as Representative Wolf indicated that, I believe it was his father-in-law that passed away. There is...I would support this Motion. I think after discussing it with Representative McGrew that we should have the Bill on Second Reading to consider Amendments."

"Any further discussion? If not, the question is, 'Shall the Motion with respect to House Bill 1719 be adopted?' All those in favor will signify by voting 'aye'; all those opposed by voting 'nay'. Mr. Clerk? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 125 voting 'aye', 5 voting 'no', 2 voting 'present'. And the Motion with respect to House Bill 1719 is adopted. House Bill 1720, Representative Jaffe. Read the Motion, Mr. Clerk."

"Pursuant to Rule 66-B, I move to discharge the Executive Committee from further consideration of House Bill 1720."

"Representative Jaffe." 70  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Yes, Mr. Speaker. I ordered this Bill very early from the LRB. However, I did not get it until the very last day. And it was not assigned to Committee until the last day of posting and so therefore it could not be posted. And therefore, I would urge that we discharge the Committee and put it on Second Reading, First Legislative Day."

"Any discussion? Representative Swanstrom."

"Thank you, Mr. Speaker. I would object to the Gentleman's Motion. He was in Committee, Executive Committee, for quite some time on Thursday. In the recessed Session he was called upon to present a few of his other Bills. He could have presented this at the same time and chose not to do so. So on that basis I would object and urge his Motion to be rejected."

"Any further discussion? Representative Vinson."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill does a lot more than what it's been described as doing. What this Bill would do would be to place in Statute regulations and rules governing the ordinary procedures of the General Assembly. There are a number of other things we could place in Statute that would govern the rules of the General Assembly. We could place in Statute rules saying how many votes it took to get Bills out of Committee, a number of other things. And if we continue to do this, it's going to be a very bad trend for the orderly operation of the House. I would very strongly urge a 'no' vote on this Bill."

"Any further discussion? Representative Jaffe to close."

"Yes, Mr. Speaker, in answer to Representative Swanstrom. I couldn't hear the Bill because it wasn't posted. I specifically said in my opening remarks that this was not assigned to Committee until the last day for posting 71  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 although it was ordered on time. It came down late. I would urge..therefore urge an 'aye' vote on this particular Motion."

"The question is, 'Shall the Motion in respect to House Bill 1720 to discharge the Committee on Executive be adopted?' All those in favor will signify by voting 'aye'; those opposed by voting 'nay'. Mr. Clerk. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 66 voting 'aye', 69 voting 'no', none voting 'present'. And the Motion fails. House Bill 1746, Representative Jaffe. Read the Motion, Mr. Clerk."

"Pursuant to Rule 66-B, I move to discharge Committee on Judiciary II from further consideration of House Bill 1746."

"Representative Jaffe."

"Yes, Mr. Speaker. This is another Bill that came down late, was not assigned to Committee until after the last day of posting. I've talked to Representative Stearney who is the Chairman of the Committee. I've talked to Representative Kosinski who was the Minority Spokesman and I think both of them really would like this out on the floor and they have no objections to it."

"Any...Any further discussion? If not, Representative Jaffe to close."

"Just urge an 'aye' vote."

"The question is, 'Shall the Motion with respect to House Bill 1746 to discharge Committee on Judiciary II be adopted?' Those in favor will signify by voting 'aye'; those opposed by voting 'no'. Mr. Clerk. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 130 voting 'aye', 5 voting 'no' and 3 voting 'present'. 72  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 . And the Motion is adopted. House Bill 1788, Representative Balanoff. Mr. Clerk, read the Motion."

"Pursuant to Rule 66-A, I move to discharge the Committee on Insurance from further consideration of House Bill 1788."

"Representative Balanoff."

"Yes, Mr. Speaker and Members of the House. This Bill was requested from the Reference Bureau before the March 15th deadline. I did not get it from the Reference Bureau until April 23rd and at that date it was too late. It wasn't even assigned yet and it was too late to post in any Committee. So I request that the Committee on Insurance be discharged."

"Any further...I'm sorry, Mrs. Balanoff."

"That's all right."

"Have you concluded, Ma'am?"

"I have."

"Any further discussion? Representative Epton."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, it's with great reluctance I must ask you to vote against this Motion. I would suggest to the Sponsor that it would be best to put this in Interim Study for any number of reasons. Although she did not get a hearing she's...there's no question she's correct in that regard. The Bill itself is so faulty in many instances that if it were to be placed in front of our Committee, I'm afraid that we would be unable to pass it out and I would suggest that perhaps the best procedure would be to put it into Interim Study and give us a chance to help her correct something which may not be correctable."

"I would..."

"Any further discussion? If not, Representative Balanoff to close." 73  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"I would accept the Committee Chairman's suggestion and ask leave...."

"The Lady asks leave to put House Bill 1788 in Interim Study. Does the Lady have leave? Leave. Leave is granted. House Bill 1789, Representative Braun. Read the Motion, Mr. Clerk."

"Pursuant to Rule 66-A, I move to discharge Committee on Health and Family Services from further consideration of House Bill 1789."

"Representative Braun."

"Thank you, Mr. Speaker. This and the next Bill, 1790 for which I have filed a Motion for discharge, were received from LRB at the eleventh hour, fifty-ninth minute, filed, was never posted. It was not exempted from posting and I would like therefore to have it discharged. The Bill had been requested from LRB in advance of the beginning of this Legislative Session. I went down to them in December, late December, to get these Bills put together. I didn't get it until late April and it was filed on the 23rd of April. And I, therefore, would like to have it out on the floor...."

"Any further discussion? Any further discussion? Representative Birkinbine."

"Are we considering 1789 or 1790? I think she referred to 1790 and (17)89 is on the Board. Which one are we talking about?"

"Representative, do you wish both of these to be considered together? No. Individually. Is there any further discussion? Representative Vinson. No? Any further discussion? If not, the question is, 'Shall the Motion with respect to House Bill 1789 to discharge the Committee on Health and Family Services be adopted?' Those in favor will signify by voting 'aye'; those opposed by 74  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 voting 'nay'. Mr. Clerk, the vote. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 122 voting 'aye', 14 voting 'nay' and 1 voting 'present' and the Motion is adopted. House Bill 1790. Representative Braun. Read the Motion, Mr. Clerk."

"Pursuant to Rule 66-A, I move to discharge the Committee on Executive from further consideration of House Bill 1790."

"Representative Braun."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The same circumstances pertain to this Bill as the previous one and I encourage an affirmative vote."

"Any further discussion? Representative Swanstrom."

"Thank you, Mr. Speaker. Will the Lady yield?"

"She will."

"Representative Braun, do you know whether this Bill was posted...or assigned to Executive after our meeting on Thursday?"

"At the time that I filed this Motion I had not been advised of the assignment of this Bill to the Committee. It was probably assigned. I don't know whether it was before or after our hearing. But if you will recollect, Representative Swanstrom, that I sat in Executive Committee for what? Upwards of six hours on that day and this was not one of the Bills that was listed and that was available to be called at that time."

"I have no objection."

"Is there any further discussion? If not, the Lady to close. The Lady...Representative Braun to close."

"I call for a favorable vote."

"The question is, 'Shall the Motion with respect 75  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 to House Bill 1790 to discharge the Committee on Executive from further consideration be adopted?' Those in favor will signify by voting 'aye'; those opposed by voting 'nay'. Mr. Clerk. Have all voted who wish? Have ...Representative Leinenweber to explain his vote."

"Well, we're ...just because a Bill was filed so late that it couldn't have been posted doesn't necessarily mean that we ought to bring it out and we don't know what kind of shape this Bill's in and this is the type of Bill that deals with a very complex area of the law. I don't think that we ought to put these things out without knowing what's in them, without them undergoing the rigorous Committee scrutiny that Bills should get."

"Further discussion? No. Have all voted who wish? Representative Braun to explain her vote."

"Thank you, Mr. Speaker. It wasn't just a matter of just being late. I mean, I asked for the Bill in December. I filed it as soon as I got it. It was filed and sent to the Committee on Assignment. It was simply never posted, not because of any lack of diligence on my part. Without debating the substance of the Bill, I think every Member should be entitled to get Bills that they ask for in December before late April, before the day before Committee deadline and that's the only ....That is the issue that's put in this Motion and I would encourage any Member who's had...suffered the same kind of situation to support this Bill and I would, under the circumstances, support their Motion in this regard."

"Have all voted who wish? Take the record, Mr. Clerk. On this question there are 78 voting 'aye', 59 voting 'nay', 3 voting 'present'. And the Motion fails. Representative Kociolko?"

"Yes, Mr. Speaker, Ladies and Gentlemen of the House, I 76  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 rise to request a leave of this House that a Bill be removed from the Speaker's Table and assigned to the Committee on Rules. I am the principle Sponsor of House Bill #932 which at my request was tabled on April the 23rd. However, being a freshman I find that while that was a wise decision at the time, that it proves to have been a bit hasty decision. I have been advised that the Department of Public Health wishes to see this Bill brought forward for further consideration so that they may propose a series of Amendments to the Bill and I would like to emphasize that that is my purpose in making this request to bring it forward for Amendments which will totally transform the nature of the current Bill. It deals with the code on plumbing. So I ask leave of this House to remove the Bill from the Speaker's Table and assign it to the Committee on Rules."

"You have heard the Motion. Does the Gentleman have leave? Representative Madigan."

"Mr. Speaker, I am told that there is a Parliamentary problem with the Gentleman's Motion. I have talked with Representative Kociolko and I agree with his Motion. But possibly the Parliamentarian could examine the rules and tell us if this is the proper Motion. Mr. Kane may have the answer."

"Representative Madigan, would you indicate what the objection is to the Motion?"

"I suggested if you recognize Mr. Kane he might...."

"Representative Kane."

"Yes, I think that according to Rule 25 even if the Bill is in Rules Committee it dies automatically. Rule 25 says, 'any Bill not acted on in compliance with these deadlines shall be automatically tabled...'..."

"Representative...Representative, that would not 77  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 be the question before us. The Gentleman asked it be taken from the Table and put in Rules. What happens with it in Rules is not before..."

"....It would die automatically tonight."

"That is maybe..."

"I'm just trying..."

"That is maybe where he prefers burial."

"Well, okay. Just as long as he understands it gets buried tonight. If he wants to keep it alive he has to put it in Interim Study."

"Representative Madigan?"

"Representative Kociolko wishes to keep this Bill alive for the purpose of an Amendment. And that's why I called this to his attention. He might be better advised to move to take it from the Table to be placed on the Order of Second Reading. I'm trying to help one of your Members, hard hitter."

"Representative Kociolko."

"Mr. Speaker, I was advised...My request would be to ask for assignment to the Committee on Rules. However, if it is the ruling that the preferable request would be to have it moved to the Order of Second Reading, then I would request leave of the House for that purpose."

"The Gentleman moves that House Bill 932 be taken to (sic, from) the table and placed on the Calendar on the Order of Second Reading. Are there any objections? Hearing none...Representative Braun is objecting. It'll take 107 votes otherwise, Representative. She doesn't object. Leave being granted the Motion is adopted. Representative Keane has three Motions in which he asks to discharge Committee and to suspend the rule which requires that the Motion be on the Calendar. Two of the Motions involve the Committee on Executive and two on the Committee 78  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 on Elementary and Secondary. Representative Keane, for what purpose..."

"Mr. Speaker, to clarify. There are two Motions, two Bills. One is House Bill 1603 and that's to..leave to discharge Elementary and Secondary. I have talked to the Chairman of that Committee about that and the other one is leave to ..on House Bill 1758 which is from Executive. So there's only two Motions...two requests that I have."

"Representative, we have four pieces of paper here. That's the confusion."

"I don't know who..."

"So it's two Motions."

"Yes. On House Bill 1603 to discharge Elementary and Secondary. It's a Local Finance Study Commission Bill..."

"Representative Keane, let us...before we do that let's see if we get leave to hear these."

"Thank you."

"Representative Keane asks leave to hear a Motion in regard to House Bill 1603 to discharge the Committee on Elementary and Secondary Education. Now, all of these Motions are to suspend the rule requiring the Calendar. On that Motion is there leave? Representative Vinson."

"Mr. Speaker, I have been impressed by the courtesy of the Chair in the consideration of these Motions. In past years it's been the habit of the Chair to hold these Motions until a time very late in the week when Members are going home and when it's impossible to get a Quorum. The Chair has chosen on this particular evening to...a time when there is full attendance of the House to consider Motions. Everybody knew the schedule we were operating with last week. Therefore, I'm going to object to every Motion not on the Calendar because it's impossible for anybody to just leaf through a Digest and gather the impact 79  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 of a Bill when the Motion's not even on the Calendar and he can't move ahead in that process. So I object."

"The Gentleman from DeWitt objects. Representative Keane."

"Well, I had spoken to the Chairman of the Education Committee on this instance and he thought that in a Parliamentary fashion he could handle it another way and he couldn't. So that's why I ended up making this Motion. If the Bills..If my Motion does not succeed tonight the Bills are dead. So I don't have the luxury of waiting until the end of this week to put the Motion. If the Motion doesn't pass today we ..it's dead...the Bill is dead by the effectiveness of a deadline. And I would ask for a vote."

"Representative Schneider. Now the question is...on the Motion."

"On the Motion. On the Motion, the question that I would have is many of those Members have had trouble getting their Bills out of the Legislative Reference Bureau, then to the posting requirement, then to Committee. What was your problem with 1603 which is my concern?"

"Representative, excuse me. The question here is on the Motion of the Gentleman to discharge the Committee. It...Yes. The question of the Gentleman is on the Motion to discharge the Committee on Elementary and Secondary Education and suspend the posting of the Calendar. Now that will take 107 votes. That's what we're talking about. We're not talking on the Motion itself. Representative Schneider."

"So my question will be in order if we get beyond Second."

"Correct. Correct."

"Is that right?"

"Correct." 80  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Okay."

"This Motion will now take 107 votes to...the question is this, 'Shall the Calendar requirement considering discharging of Committee be suspended? That takes 107 votes. Mr. Clerk...All those in favor will vote 'aye', those opposed by voting 'no'. On the Motion, Representative Vinson."

"Mr. Speaker, I am advised by one of the better Parliamentarians in the House, Representative Kane, to the effect that this can't be done with 107 votes. It requires unanimous consent, and I would ask for a ruling from the Chair on that."

"Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 74 voting 'aye', 38 voting 'no', none voting 'present', and the Gentleman's Motion fails. Representative Keane."

"Mr. Speaker, I would like to make the same Motion on House Bill 15...1758."

"The same Motion on 1758. The same question. Clerk. We have to clear the Board. The question is 'Shall the Calendar requirements be suspended in regard to the Motion to discharge the Executive Committee on House Bill 1758?' All those in favor will vote 'aye', those opposed by voting 'nay'. This will take 107 votes. Mr. Clerk. 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 80 voting 'yes', 45 voting 'no', none voting 'present', and the Motion fails. Representative Ronan, same situation? Representative Ronan. Is he on the floor? Representative Yourell, same situation? Same Motion on House Bill 249. Representative Yourell."

"Yes, thank you, Mr. Speaker, Ladies and Gentlemen of 81  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 the House. I had filed nine Motions that appear on the Calendar and I didn't take the time of the House to call any of these Motions because I didn't think they were nearly as important as the Motion I am about to make. I wasn't able to be here last week due to other legislative business, and I had requested that my staff file Motions on all of the Bills that I had that were not heard in Committee. And through no fault of my own, House Bill 249 was not one of those that was included. House Bill 249 could not have been heard in Committee because of an agreement I had with the Department of Law Enforcement for an Amendment to what is commonly known as a Bail Drug Bill. I am not going to go into detail as to why I am vitally interested in this kind of legislation, but those of you who have seen television and read the newspapers of my activities in the Bahamas during the past six or seven months recognize, I believe, what to me and what to you should be a very important subject matter. House Bill 249 deals with two problems..."

"Excuse me, Representative Vinson."

"The...would the Gentleman please be advised to address the Motion that he is..."

"Your point is well taken. Representative Yourell."

"Thank you, Sam. I don't want to bore you with important matters, but what I am saying to you is that I have filed a Motion...would accept 107 votes."

"Any further discussion? You've heard the Motion. Representative Johnson."

"You didn't have a hearing on this?"

"Representative Yourell indicates he'll respond."

"No, no I did not. Representative Johnson, I was waiting for Amendments from the Department of Law 82  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Enforcement, and before they came I did not have an opportunity for a hearing in Committee."

"The...the question is 'Shall the Calendar requirements to hear a Motion to discharge Committee on Judiciary on House Bill 249 be suspended?' Take 107 votes. Those in favor will signify by saying 'aye', those opposed by voting 'no'. Mr. Clerk. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 126 voting 'aye', 14 voting 'no', none voting 'present', and the Motion to suspend the Calendar posting Rule is adopted. Now, Representative Yourell on the Motion to discharge the Committee on Judiciary II from further consideration of House Bill 249. Do you wish to speak to that Motion? Representative Yourell."

"I think...yes, Mr. Speaker, I...Ladies and Gentlemen of the House, I think in light of the previous vote on the Motion to hear the Motion not having been put on the Calendar, I would ask for a favorable Roll Call on House Bill 249 to discharge Committee."

"Any discussion? If not, the question is 'Shall the Motion with respect to House Bill 249 to discharge the Committee on Judiciary II for further consideration of that Bill be adopted?' All those in favor will vote 'aye', all those opposed vote 'nay'. Mr. Clerk. Representative Epton." .

"If this Motion succeeds, where does the Bill go? I believe his Motion should indicate what order of business he wants..."

"Representative Epton, it will be placed on the Order of Second Reading."

"Thank you."

"I have not...Have all voted who wish? Have all 83  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 132 voting 'aye', 12 voting 'no', and one voting 'present', and the Motion is adopted. Representative Tuerk. Representative Tuerk withdraws his Motion. Any further Motions, Mr. Clerk?

Speaker Ryan in the Chair."

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

"Mr. Speaker, I was wondering if you would be so kind as to call House Bill 684?"

"Where does it appear, Representative?"

"It is on...it is on page 38 under Motions."

"No, Representative, we said when we started that we were going to call only those that pertain to the discharge of Committee under Rule 66A, and we have completed that call."

"Would you consider changing your mind, Mr. Speaker? There is only one or two there?"

"Well, No, I've made my ruling on that, Representative. Are there any announcements? Representative Madigan."

"Mr. Speaker,...Mr. Speaker, I rise for the purpose of excused absences. Would the record show that Representative Redmond is excused because of the illness of his wife, that Representative DiPrima is excused to attend the attend the funeral tomorrow morning of former Democratic Ward Committeeman, Lewis 'Corupo', and that Representative Domico is excused because of the illness of his son."

"The record will so indicate. Vote change."

"Representative Polk requests to vote 'present' on House Bill 1153. Representative McBroom requests to vote 'aye' on the Motion on House Bill 239. Representative 84  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Koehler requests to vote 'no' on the Motion on House Bill 974. Representative Zwick requests to vote 'aye' on the Motion on House Bill 1301."

"You've heard the requests for vote change. Are there objections? Hearing none, leave is granted to change the vote. Representative Henry, for what purpose do you rise?"

"Thank you, Mr. Speaker. I rise to ask leave of the House to place House Bill 1240 into Interim Study Calendar."

"Where is the Bill now, Representative?"

"It is in..."

"Where is the Bill now, Representative?"

"I want to place it in Interim Study."

"Where is it now?"

"It is in Committee."

"The Gentleman asks leave to have House Bill 1240 placed in Interim Study. Are there objections? Hearing none...now if there's anybody else that would like to place their Bill on the Interim Study Calendar, if you'll come up here and give us a list we'll try and do them all in one Motion. You can take them off of the Calendar if they...even off of Second Reading if that is what you'd like to do. It will probably be your last chance. Agreed Resolutions. While we're waiting for these numbers to come in."

"House Resolution 251, Huskey; 252, Irv Smith; 253, Jane Barnes."

"Representative Madigan."

"Would you tell me who examined those Resolutions on the Democratic side?"

"Representative Collins, do you know who examined the...wait, maybe it's the Clerk."

"Mr. Collins, did someone from the Democratic side read 85  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 those Resolutions?"

"I was led to believe that Representative Matijevich did it for...for Representative Giorgi, but I would be happy to explain them slowly. They...they are very simple. There is only three of them."

"Okay."

"House Resolution 251 by Huskey congratulates the 'Payless' Regional Newspaper on their 40th anniversary. House Resolution 252 by Representative Irv Smith congratulates the Illinois State Council of the Knights of Columbus on...on their meeting at the Regency Motel in Chicago, Hyatt Regency, and House Resolution 253, Representative Barnes, congratulates Brother Eugene G. 'Pilon' on his 50th anniversary as a member of the congregation of Christian Brothers. Two out of three are Catholic."

"The Gentleman moves 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."

"House Resolution 254, Bell-Polk-Darrow, respects the memory of Dr. Silvio Errico."

"Representative Collins...moves the adoption of the Death Resolution. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the Death Resolution is adopted. Further Resolutions? Further Resolutions. Further Resolutions."

"House Resolution 255, Jaffe-et al."

"Committee on Assignment. Mr. Clerk, would you read the numbers of the Bills that the people want to put on the Interim Study Calendar?" Clerk Leone: "House Bills 15, 32...House Bill 8, 905, 1714, 1644, 1645, 506, 950, 517, 1660, 1733, 1000, 248, 2562, 686, 719, 720, 881, 908, 86  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 1113, 1594, 1061, 1437, 1706, 764, 398, 445, 166, 167, 273, 400, 1766, and House Bill 75."

"You've heard the list of Bills that have been requested to place on the Interim Study Calendar. Is there leave granted? Are there any objections? Representative Daniels."

"Well, Mr. Speaker, Ladies and Gentlemen of the House, I would assume that by putting the Motion, the Sponsors are telling the Members of the House that none of these Bills have been acted upon unfavorably in Committee, that none of them have had a 'do not pass' Motion in Committee."

"I would assume that is right, Representative Daniels."

"Okay...with that understanding I don't have any objections."

"The Clerk will check...the Clerk will check them."

"We don't need him to check it just as long as all the people that have filed the Motion understand that they're representing to us that none of these Bills have been acted upon unfavorably in Committee, and I won't have any objection to the Motion."

"Are there objections? Hearing none, leave is granted. Are there any further announcements? Representative Topinka, do you seek recognition?"

"Mr. Speaker, may I request leave of the House please to table House Bill 1092?"

"Are you the chief Sponsor? Are you the chief Sponsor?"

"Pardon me. I am the chief Sponsor, yes."

"1092, the Lady asks leave to have House Bill 1092 tabled. Are there objections? Hearing none, leave is granted."

"Thank you." 87  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981

"Representative Braun."

"Thank you, Mr. Speaker. My Motion to discharge from Committee House Bill 1790 failed a few minutes ago. The Bill has not been heard, and I would therefore move that it go into Interim Study."

"What was the number?"

"1790. Yes, 1790. It was one of the last ones. I went through the discussion of when I ordered, and when it was filed, and that it wasn't heard in Committee."

"The Lady asks leave to have House Bill 1790 placed on the Interim Study Calendar. Are there objections? Hearing none, leave is granted. Representative...Representative Daniels for the adjournment..."

"Does the Clerk need any time, Mr. Speaker?"

"The Clerk needs some time to read in some Bills and some Committee reports."

"Ten minutes for the Clerk. Mr. Speaker, I move that the House stand adjourned until one o'clock tomorrow afternoon."

"The House...the Motion is the House stand adjourned until one p.m. tomorrow, the 5th of May. All in favor signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the House now stands adjourned."

"Committee reports. Representative McMaster, Chairman from the Committee on County and Townships, to which the following Bills were referred, action taken April 29, 1981, and reported the same back with the following recommendations: 'do pass' House Bill's 772, 782, 855, 1044, 1065, 1067, 1239, 1319, 1497, 1648; 'do pass as amended' House Bill 264, 1045, 1046, and 1080; 'tabled in Committee' House Bill 769; Interim Study Calendar House Bill 1303, 1320, 1321, 1660. Representative Ted Meyer, 88  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Chairman from the Committee on Energy and Environment, to which the following Bills were referred, action taken April 30, 1981 and reported the same back with the following recommendations: 'do pass' House Bill 144, 1505; 'do pass as amended' House Bill 422, 623, 847, 1354, 1591, 1592; 'do pass as amended' House Bill 1182; 'do pass' House Bill 1814, 1817, 1818, and 1863; 'do pass as amended' House Bill 1816. Representative McBroom, Chairman from the Committee on Financial Institutions, to which the following Bills were referred, actin taken April 30, 1981 and reported the same back with the following recommendations: 'do pass' House Bill 1039, 1440, 1501; 'do pass Consent Calendar' House Bill 843, 884, 1141; 'do pass as amended Consent Calendar' House Bill 1081; 'do pass Short Debate Calendar' House Bill 1082, 1620; 'do pass as amended Short Debate Calendar' House Bill 1364; 'do pass' House Bill 1072; Interim Study Calendar House Bill 124, 1032, 1250, 1267, 1436, 1437, 1460, 1562, 1568, and 1571. Representative Barnes, Chairman from the Committee on Health and Family Services, to which the following Bills were referred, action taken April 30, 1981 and reported the same back with the following recommendations: 'do pass' House Bill 1525; Interim Study House Bill 54, 478, 479, 480, 481, 484, 485, 789, 955, 1164, 1269, 1581. Representative Leinenweber, Chairman from the Committee on Judiciary I, to which the following Bills were referred, action taken April 29, 1981 and reported the same back with the following recommendations: 'do not pass' House Bill 793. Representative Stearney, Chairman from the Committee on Judiciary II, to which the following Bills were referred action taken April 30, 1981 and reported the same back with the following recommendations: 'do pass' House Bill 1708; 'do pass as amended' House Bill 22; Interim Study Calendar 89  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981. House Bill 935 and 1230. Representative Huskey, Chairman from the Committee on Motor Vehicles, to which the following Bills were referred, action taken May 1, 1981 and reported the same back with the following recommendations: 'do pass' House Bill 1143, 1243, 1346, 1395, 1405, 1409, 1590; 'do pass as amended' House Bill 808, 913, 1348, 1630; 'do not pass as amended' House Bill 887; 'do pass Consent Calendar' House Bill 655; 'do pass as amended Consent Calendar' House Bill 752, 904; 'do pass amended Short Debate Calendar House Bill 543; Interim Study Calendar House Bill 347, 375, 563, 599, 728, 729, 1024, 1074, 1368, 1369, 1521, 1539, 1595, 1285. Representative Schuneman, Chairman from the Committee on Labor and Commerce, to which the following Bills were referred, action taken April 29, 1981 and reported the same back with the following recommendations: 'do pass' House Bill 519, 556, 609, 710, 714, 807, 859, 943, 944, 1003, 1025, 1035, 1208; 'do not pass' House Bill 320, 338; 'do pass as amended' House Bill 281, 555, 675, 371; Interim Study House Bill 465, 466, 467, 517, 678, 911, 1034, 1068, 661; 'do adopt' House Bill...House Joint Resolution 12...do 'pass' House Bill 418, 627, 959, 1158; 'do not pass' House Bill 816, 946, 1537; 'do pass as amended' House Bill 490, 535, 731, 1023; 'do not pass as amended' House Bill 1400; Interim Study House Bill 37, 660, 919, 958, 960, 1124, 1130, 1410, 1432, 1556, 1569, 1721, 1722, 1723, 1738, 1875, 1881; Interim Study Calendar House Bill 208, 331, 1059. Representative Catania, Chairman from the Committee on Public Institutions and Social Services, to which the following Bills were referred, action taken May 4, 1981 and reported the same back with the following recommendations: 'do pass' House Bill 1570; 'do pass Consent Calendar' House Bill 1838. Representative Pullen, Chairman from the Committee on 90  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Executive to which the following Bills were referred, action taken April 30, 1981 and reported the same back with the following recommendations: 'do pass' House Bill 1535. Representative Wikoff, Chairman from the Committee on Cities and Villages, to which the following Bills were referred, action taken May 1, 1981 and reported the same back with the following recommendations: 'do not pass' House Bill 1116; 'do pass Consent Calendar' House Bill 1397, 1399, 1412, 1413, 1414, 1415, 1496, 1498, 1503, 1625, and 1672; Interim Study Calendar House Bill 1355, 1655; 'tabled by the Committee' House Bill 1392; 'do pass' House Bill 670, 886, 961, 1075, 1224, 1322, 1371, 1398, 1608; 'do not pass' House Bill 553, 770, 1612; 'do pass as amended' House Bill 369; 'do pass Consent Calendar' House Bill 1356, 1377; 'do pass as amended Consent Calendar House Bill 1411; Interim Study Calendar House Bill 78, 1062. Representative Winchester, Chairman from the Committee on Elections, to which the following Bills were referred, action taken April 30, 1981 and reported the same back with the following recommendations: 'do pass' House Bills 181, 618, 262, 680, 898, 942, 947, 1123, 1154, 1162, 1715, 857; 'do not pass' House Bill 92, 300, 578, 614, 1105, 1111, 1173; 'do pass as amended' House Bill 114, 403, 597, 818, 907, 1475, 1668; 'do pass Consent Calendar' House Bill 1077; Interim Study Calendar House Bill 667, 1095, 1096; 'do pass' House Bill 1715; 'do pass as amended' House Bill 1351. Representative McAuliffe, Chairman from the Committee on Pensions and Veteran Affairs, to which the following Bills were referred, action taken April 30, 1981 and reported the same back with the following recommendations: 'do pass' House Bill 291, 49...429, 584, 703, 804, 931, 1246, 1259, 1260, 1261, 1277, 1280, 1298, 1299, 1870; 'do pass as amended' House Bill 779 and 1690; 'do pass Consent 91  STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day May 4, 1981 Calendar' House Bill 683, 1262, 1391, 1813; 'do pass as amended Consent Calendar' House Bill 1689; Interim Study Calendar House Bill 214, 216, 1115, 1385, 1429, 1433, 1472, and 1641. Representative Catania, Chairman from the Committee on Public Institutions and Social Services, to which the following Bills were referred, action taken April 30, 1981 and reported the same back with the following recommendations: 'do pass' House Bill 1097, 1470, 1767; 'do pass as amended' House Bill 79, 1093, 1181, 1543, 1681; 'do pass Consent Calendar' House Bill 811, 1033, 1815, 1830; 'do pass Short Debate Calendar' House Bill 1619, 1768; Interim Study Calendar House Bill 511, 668, 704, and 1119. Representative Davis, Chairman from the Committee on State Government Organizations, to which the following Bills were referred, action taken May 1, 1981, and reported the same back with the following recommendations: 'do pass' House Bill 1785. Being no further business, the House now stands adjourned until one p.m. May 5." 92