"The House will come to order and the Members will be in their seats. Pastor Johnson from the Calvary Church of Springfield will lead us in prayer."
"Shall we look to God in prayer. Our gracious and our kind heavenly Father, we thank You for this another day that You have privileged us to look upon and for the fact that from the highest office of our state that we began it with a prayer breakfast this morning acknowledging You in our ways. Now we ask that as this Body convenes that You would give guidance and wisdom and remind us even as we are reminded as we walk the hallway behind these chambers looking upon pictures of past Speakers, remind us of the brevity of our years and of the old wall motto that declares only one life will soon be past, and only that is done for Christ will last. Let us seek You in all of our ways, conduct ourself accordingly. Let us walk humbly before God and give guidance, we pray, so that we can leave those that follow us a better life and a better state and a better nation and we'll thank You for it, giving you the credit, the glory, and the honor in Your Name. Amen."
"Representative Mulcahey will lead us in the pledge."
"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. Representative Cullerton, for what purpose do you seek recognition so early in the morning?"
"Mr. Speaker, I just wanted to make sure that when the Gentleman who gave the invocation referred to the brevity of the years of the Speaker, he was not referring to your 1 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 life span, but only to your role as the Speaker of the House."
"Thanks, very much, Mr. Cullerton. Take the record, Mr. Clerk. 165 Members answering the Roll Call. No, 166 Members answering the Roll Call. A quorum is present. Do you have any excused absences, Representative Madigan? Representative Madigan on the floor? Do you have any excused absences over there? Madigan's not here? Representative Giorgi, do you have any excused absences other than Representative Madigan?"
"Mr. Speaker, I know that Mr. Garmisa... Representative Garmisa is ill."
"Well, if you're not sure, Representative, we can do it later on today."
"Thank you, Mr. Speaker. I'm glad the preacher prayed on you today."
"Representative Collins for excused absences."
"Thank you, Mr. Speaker. May the record show that Representative Margalus is excused because of illness. There may be others, Mr. Speaker. That's the only one I'm aware of at the present time."
"The record will so indicate. On the Calendar on page 35 under the Order of Consent Calendar, Third Reading. Read the Bills, Mr. Clerk."
"Consent Calendar, Third Reading, Second Legislative Day, House Bill 67, a Bill for an Act to amend the Illinois Vehicle Code. House Bill 567, a Bill for an Act to amend the Illinois Insurance Code. House Bill 606, a Bill for an Act to amend an Act to regulate the practice of public accounting and to repeal certain Acts herein named. House Bill 626, a Bill for an Act to amend the Nursing Home Care Reform Act. House Bill 671, a Bill for an Act to amend an Act to regulate the practice of dental surgery and 2 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 dentistry. House Bill 702, a Bill for an Act to amend the Street Lights District Act. House Bill 718, a Bill for an Act to amend the Election Code. House Bill 721, a Bill for an Act to amend the Illinois Code. House Bill 750, a Bill for an Act to amend an Act in relationship to toll highways and to create the Illinois State Toll Highway Authority. House Bill 754, a Bill for an Act to change the frequency of certain audits by the Auditor General. House Bill 758, a Bill for an Act to amend the Unified Code of Corrections. House Bill 774, a Bill for an Act making a continuing appropriation to the Board of Trustees of the University of Illinois. House Bill 775, a Bill for an Act relating to Real Estate Research and Education Fund. House Bill 776, a Bill for an Act to amend the Real Estate Broker's and Salesman License Act. House Bill 785, a Bill for an Act in relationship to county zoning. House Bill 799, a Bill for an Act to amend the School Code. House Bill 801, a Bill for an Act in relationship to the composition of county boards. House Bill 824, a Bill for an Act to amend the Probate Act. House Bill 846, a Bill for an Act to amend the Housing Authority Act. House Bill 851, a Bill for an Act to amend the State Employees' Legal Representation Act. House Bill 870, a Bill for an Act to amend the Snowmobile Registration and Safety Act. House Bill 888, a Bill for an Act relating to the University of Illinois. House Bill 894, a Bill for an Act to amend the River Conservancy Districts Act. House Bill 895, a Bill for an Act to amend the Jackson Union County Regional Port District Act. House Bill 948, a Bill for an Act to amend the Illinois Pension Code. House Bill 963, a Bill for an Act to amend the Illinois Insurance Code. House Bill 1036, a Bill for an Act to amend the Park District Code. House Bill 1098, a Bill for an Act to amend the Illinois Marriage and 3 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 Dissolution of Marriage Act. House Bill 1103, a Bill for an Act to amend the School Code. House Bill 1117, a Bill for an Act to amend the Illinois Vehicle Code. House Bill 1118, a Bill for an Act in relationship to abused and neglected nursing home residents reporting. House Bill 1127, a Bill for an Act creating commission on gang crime activity. House Bill 1135, a Bill for an Act to amend the Housing Authority's Act. House Bill 1166, a Bill for an Act to amend an Act to enact an interstate compact on the placement of children. House Bill 1167, a Bill for an Act to amend the Non-Profit Health Care Service Plan Act. House Bill 1281, a Bill for an Act to amend the Illinois Pension Code. House Bill 1356, a Bill for an Act to amend an Act to provide for the manner of levying and imposing and for the provision of special services in areas within the boundaries of home-rule units and non-home-rule municipalities and counties. House Bill 1377, a Bill for an Act to amend the Park District Code. House Bill 1389, a Bill for an Act authorizing the Capitol Development Board to dedicate certain real property in unincorporated Cook County to Cook County for the widening of public streets. House Bill 1411, a Bill for an Act to amend the Snowmobile Registration Act. House Bill 1444, a Bill for an Act to amend an Act concerning fees and salaries and to classify several counties in the state with reference thereto. House Bill 1458, a Bill for an Act to amend the School Code and Adult Education Act. House Bill 1646, a Bill for an Act to amend certain Acts in relationship to law enforcement by univerity police. House Bill 1694, a Bill for an Act to amend the Pension Code. House Bill 1812, a Bill for an Act in relationship to the assignment of worker's compensation claims. Third Reading of these Bills." 4 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981
"Representative Getty, do you seek recognition on the Consent Calendar? Representative Getty."
"Mr. Speaker, as to House Bill 626, I believe there is a question that should be cleared up as regards legislative intent. I've discussed it with the Sponsor of that as well as the Parliamentarian and the Parliamentarian has advised me that it is appropriate at this time to request that if Representative Catania, the Sponsor, would yield we would ask a question relative to this Bill."
"Representative Catania, do you care to respond?"
"Yes, Mr. Speaker. The purpose of House Bill 626 is to delete that requirement the a resident of a nursing home give 7 days notice of death in order to terminate their contract and as the Republican analysis points out, family members who have signed such contracts for relatives have expressed fear that they will be forced to continue payment seven days after death if notice is not given. That's the purpose of this Bill."
"Alright. And there is no intent to imply in this Act by striking the words 'dies or' that it would in any way come under the 30 day provisions that would obtain in other circumstances. Is that correct?"
"No, this is soley to meet this objection of relatives so that they will not have to pay after death."
"So there's an immediate termination upon death."
"Right. The contract terminates upon death."
"Thank you."
"Any further discussion on the Consent Calendar? The question is, 'Shall these Bills pass'?. All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Take the record, Mr. Clerk. On this question there are 137 voting 'aye, 3 voting 'no' and 12 voting 'present' and these Bills having received the 5 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 Constitutional Majority are hereby declared passed. On the Calendar on page 2 under the Order of House Bills, Second Reading appears House Bill 17, Representative Hoffman. Representative Hoffman, before you start, it's the intention of the Chair to work until around 7:00 this evening."
"House Bill 17, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 162, Representative Ronan. Read the Bill."
"House Bill 162, a Bill for an Act to amend the State Property Control Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"Floor Amendment #1, Ronan, amends House Bill 162..."
"Gentleman from Cook, Representative Ronan on Amendment #1 to House Bill 162."
"Yes, Mr. Speaker, thank you. This is a very simple Amendment. All it does is exempt.. or it puts a cap on the amount of money that can be spent. It was brought to me by the Department of Administrative Services. I move for its adoption."
"Representative Conti, do you seek recognition?"
"I wonder if he could explain the... Mr. Speaker and Ladies and Gentlemen of the House, if I could have an explanation of that Amendment." 6 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981
"Representative Ronan, would you explain your Amendment?"
"Sure, this Amendment was brought to me by the Department of Administrative Services, and it states that they control the expenditures and that no expenditures can be expended beyond their control."
"What expenditures?"
"For this fund. For the Data Processing Fund. What this Bill does is establishes a fund for electronic data processing purchasing."
"And it puts a cap on the fund?"
"Yes."
"And it has the approval of the Department of Administrative Services?"
"They brought this Amendment to me. It's their Amendment."
"I have no objections."
"Further discussion? The Gentleman moves for the adoption of Amendment #1 to House Bill 162. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments?"
"Floor Amendment #2, Ronan, amends House Bill 162 on page one..."
"Representative Ronan on Amendment #2."
"Thank you, Mr. Speaker. This Amendment was also brought to me by the Department of Administrative Services and it just states that they have total control over the operation of this fund."
"Is there any discussion? Gentleman moves for the adoption of Amendment #2 to House Bill 162. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment is adopted. Further Amendments?"
"No further Amendments." 7 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981
"Third Reading. House Bill 377, Representative Hudson. Read the Bill."
"House Bill 377, a Bill for an Act to eliminate the obsolete references to junior colleges in various Acts. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, McGrew, amends House Bill..."
"Representative McGrew on Amendment #2. Is Representative McGrew present today? Representative Hudson, do you know about this Amendment?"
"Mr. Speaker, I am aware that Representative McGrew has an Amendment and I have agreed on the Amendment. Representative McGrew is not here. I promised by support to his Amendment. I am somewhat at a loss as to whether to let the Bill move onto Third and be prepared to call it back to Second to accomodate him or just pass it over."
"Do you move the adoption of his Amendment?"
"Why don't we pass it over, Mr. Speaker, for this time?"
"Out of the record. House Bill 410, Representative Neff. Read the Bill, Mr. Clerk."
"House Bill 410, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."
"Are there any Motions filed with respect to Amendments #1 or 2?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 430, Representative 8 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 36th Legislative Day Polk. Read the Bill."
"House Bill 430, a Bill for an Act to amend an Act in relationship to the rate of interest and other charges in connection of sale on credit and the lending of money. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 448, Representative Wolf. 448, Representative. Read the Bill."
"House Bill 448, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 523, Representative Bartulis. Representative Bartulis on the floor? Do you want your Bill read, Representative? Read the Bill, Mr. Clerk."
"House Bill 523, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. Amendment #1 was tabled. Amendment #2 was adopted previously."
"Are there any further Amendments?"
"Floor Amendment #3, Bartulis, amends House Bill..."
"Representative Bartulis on Amendment #3 to House Bill 523,"
"Mr. Speaker, Members of the House, Amendment #3 is just some clean up language that we made a mistake on putting in #2 and that's all it amounts to."
"Is there any discussion? Gentleman moves for the adoption of Amendment #3 to House Bill 523. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments?" 9 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE Clerk Leone: "No further Amendments."
"Third Reading. House Bill 543, Representative Wolf. Read the Bill."
"House Bill 543, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. Amendment #1 was offered in Committee... was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 545, Representative Wolf. Read the Bill."
"House Bill 545, a Bill for an Act to amend the Downstate Teachers' Retirement Article of the Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"Floor Amendment #1, J. J. Wolf, amends House Bill 545..."
"Representative Wolf on Amendment #1 to House Bill 545."
"Yes, Mr. Speaker and Members of the House, this just changes the formula for General Assembly Retirement Fund to a straight four percent a year. It increases the contribution by one half of one percent and I would ask for the adoption of the Amendment."
"Is there any discussion? Gentleman moves for the adoption of Amendment #1 to House Bill 545. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments?"
"No further Amendment."
"Third Reading. House Bill 546, Representative 10 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Wolf." May 7, 1981
"House Bill 546, a Bill for an Act to amend the Chicago Fire, Police, Laborer's and Park Employees Pension Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"Floor Amendment #1, Beatty, amends House Bill 546..."
"Gentleman from Cook, Representative Beatty on Amendment #1 to House Bill 546. Representative Beatty on the floor? We're on House Bill 546 that you have an Amendment for, Representative."
"Yes, this is an Amendment dealing with police officer who gets disabled in the line of duty and this Amendment will put the Police Retirement Act in the same position as the Fireman's Act. That is, when a policeman is disabled his benefits will be paid as of the time that the disability is allowed, not the time that he is disabled so that it would be at a higher rate, the same as if a fireman. For example, if a policeman gets shot in the course of duty when he's ... say 15 years ago and is disabled and as a recurrence later he'll be paid on the disability based at the later time. I ask for a favorable vote."
"Is there any discussion? Any discussion? Gentleman moves for the adoption of Amendment #1 to House Bill 546. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 547, Representative Wolf. Read the Bill."
"House Bill 547, a Bill for an Act to amend the 11 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSENBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 Teachers' and Chicago Teachers' Article of the Pension Code. Second Reading of the Bill. No Committee
Amendments. Speaker Ryan: "Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 647, Representative Collins. Read the Bill."
"House Bill 647, a Bill for an Act to amend the Election Code. Second Reading of the Bill. No Committee Amendments."
"Representative Collins on the floor? Any Amendments from the floor?"
"No Floor Amendments.'
"Third Reading. House Bill 685, Representative Catania."
"House Bill 685, a Bill for an Act to amend an Act in relationship to state finance. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"Floor Amendment #1, Catania, amends House Bill 685 on page one."
"Representative Catania."
"Thank you, Mr. Speaker and Members of the House. I took this Bill off the Consent Calendar so that I could put on this Amendment which was requested by the University of Illinois. This Amendment returns to the current state of the statute part of the Bill which deals with federal trusts. The Bill would automatically terminate trusts... I'm sorry, special funds, not trusts. The Bill would automatically terminate special funds after 12 months instead of 18 months. This Amendment takes out federal special funds because the.....fund for land grant schools would be affected and the University of Illinois wants them 12 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 out. So I move for the adoption of this Amendment."
"Is there any discussion? Lady moves for the adoption of Amendment #1 to House Bill 685. All in favor will signify by saying 'aye', all opposed by saying 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments?'
"No further Amendments."
"Third Reading. House Bill 699, Representative Getty. Want the Bill read, Representative? 699. Read the Bill."
"House Bill 699, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 786, Representative Macdonald. Read the Bill."
"House Bill 786, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 787, Representative Woodyard. Read the Bill."
"House Bill 787, a Bill for an Act in relationship to the diseases and parasites harmful to bees. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"Motion: 'I move to table Amendment #1 to House Bill 787. Representative Woodyard."
"Representative Woodyard, on your Motion to table." 13 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Thank you, Mr. Speaker and Members of the May 7, 1981 House. I wish to table Amendment #1 since it's technically incorrect. It amended the wrong Bill and then adopt Amendment #2 which is technically correct and is purely a technical Amendment."
"Gentleman moves to table Amendment #1. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment #1 is tabled. Further Amendments?"
"Floor Amendment #2, Woodyard, amends House Bill 787..."
"Representative Woodyard on Amendment #2."
"Thank you, Mr. Speaker. Amendment #2 amends the correct Bill and corrects the spelling on two words in the Bill. So, it is purely a technical Amendment. To the bees."
"Move the adoption... Is there any discussion? The Gentleman moves the adoption of Amendment #2 to House Bill 787. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Let the record show that Representative Madigan has arrived on the floor. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 812, Representative Wikoff. Representative Wikoff on 812. Is the Gentleman in the chamber? Out of the record. House Bill 815, Representative Pullen. Want your Bill called, Representative? Representative Pullen, do you want your Bill read on 815? Read the Bill."
"House Bill 815, a Bill for an Act to amend the Illinois Health Facilities Planning Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed with respect to Amendment #1?" 14 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments." May 7, 1981
"Third Reading. House Bill 817, Representative Donovan. Representative Donovan on the floor? Read the Bill."
"House Bill 817, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 858, Representative Jones. Read the Bill."
"House Bill 858, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Do you seek recognition, Representative Jones? For what purpose?"
"Thank you, Mr. Speaker. Amendment #1, I want to move to table Amendment #1 because it was adopted..."
"Representative, you've got to file a Motion with the Clerk."
"You've got to file a Motion?"
"Alright, now that we've got the form filled out, Representative, do you care to explain your Motion to table on Amendment #1?"
"Yes, Amendment #1 is technically incorrect and I talked with the Chairman of the Education Committee. He's aware of this so I move to table Amendment #1."
"Is there any discussion? The Gentleman moves to 15 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 table Amendment #1 to House Bill 858. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and Amendment #1 is tabled. Further Amendments?"
"Floor Amendment #2, Jones, amends House..."
"Representative Jones on Amendment #2."
"Yes, Amendment #2 is the technical change in the Amendment. I move for its adoption."
"Gentleman moves for the adoption of Amendment #2. Is there any discussion? Gentleman moves for the adoption of Amendment #2 to House Bill 858. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments?"
"No further Amendment."
"Third Reading. House Bill 864, Representative Leinenweber. Read the Bill."
"House Bill 864, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"No Floor Amendments."
"Third Reading. House Bill 871, Representative Reed. Want the Bill read? Read the Bill, Mr. Clerk."
"House Bill 871, a Bill for an Act to amend the Snowmobile Registration and Safety Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Are there any Amendments from the floor?"
"Floor Amendment #2, Reed, amends House Bill..."
"Representative Reed on Amendment #2."
"Mr. Speaker, I think I should have filed a Motion to table Amendment #1 because of technical and spelling errors in 16 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day that Amendment."
"The Lady moves May 7, 1981 Change the board, Mr. Clerk, to Amendment #1. Lady moves to table Amendment #1. All those in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and Amendment #1 is tabled. Further Amendments?"
"Floor Amendment #2, Reed."
"Representative Reed on Amendment #2."
"Amendment #2 corrects the technical errors in Amendment #1 adopted in Committee. Move the adoption of the Amendment."
"Any discussion? The Lady moves the adoption of Amendment #2 to House Bill 871. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments?"
"Floor Amendment #3, Reed, amends House Bill 871..."
"Representative Reed on Amendment #3."
"I'd like to withdraw Amendment #3."
"Withdraw #3. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 872, Representative Reed."
"House Bill 872, a Bill for an Act to amend the Snowmobile Registration and Safety Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 874, Representative Reilly. Read the Bill."
"House Bill 874, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."
"Are there any Motions filed with respect to Amendments 1 or 2?" 17 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"No Motions filed." May 7, 1981
"Are there any Amendments from the floor?"
"Floor Amendment #3, Reilly, amends House Bill..."
"Representative Reilly on Amendment 3."
"Thank you, Mr. Speaker, and I apologize. I'm going to have to ask to back up. Amendment #2, I would have to move to table that."
"Is there any discussion? The Gentleman moves to table Amendment #2 to House Bill 874. All in favor will signify by saying 'aye', all opposed 'no'. The Motion carries and Amendment #2 is tabled. Further Amendments?"
"Floor Amendment #3, Reilly, amends House Bill 874 on page two and so forth."
"Thank you. Amendment #3 simply does in technically correct fashion what Amendment #2 was intended to do. I would move adoption of Amendment #3."
"Gentleman moves for the adoption of Amendment #3 to House Bill 874. All in favor will signify by saying 'aye', all opposed 'no'. The Gentleman's Motion prevails and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill... Representative Getty."
"Mr. Speaker, this is a point of parliamentary inquiry. There have been a series of Bills on Short Debate which have been amended. In accordance with 9.1 F, unless there is unanimous consent, it is my understanding that they would then go to the Regular Calendar rather than the Short Debate Calendar.Is that correct?"
"That's correct, Representative."
"Thank you."
"House Bill 893, Representative Steczo. Read the Bill." 18 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"House Bill 893, a Bill for an Act to create the Cable Television Privacy Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Are there any Amendments from the floor?"
"No Floor Amendments."
"Third Reading. House Bill 909, Representative Reilly."
"House Bill 909, a Bill for an Act to amend Psychologists' Registration Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed with respect to Amendment #1."
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, Reilly, amends House Bill..."
"Representative Reilly on Amendment 2."
"Thank you. Amendment #2 simply corrects two typos. I would ask for adoption of Amendment #2."
"Is there any discussion? The Gentleman asks for the adoption... moves the adoption of Amendment #2 to House Bill 909. All in favor will signify by saying 'aye', all opposed 'no'. Representative Reilly."
"Go ahead and declare the Amendment passed. I have an inquiry of the Chair."
"The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Representative Reilly."
"Well, on this Bill including... in keeping with the ruling you made a minute ago on this Bill, House Bill 909, and on House Bill 874 which we did just a minute ago, I would ask unanimous consent to leave those on Short Debate 19 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Calendar." May 7, 1981
"What was the other number, Representative?"
"874."
"The Gentleman asks leave to have House Bill 874 and House Bill 909 placed on the Order of Short Debate, Third Reading. Are there any objections? Hearing none, leave is granted."
"Thank you."
"House Bill 909, Third Reading, Short Debate Calendar. House Bill 930, Representative Terzich."
"House Bill 930, a Bill for an Act to amend the Law Revisions Commission. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 934, Representative Hoffman. Read the Bill."
"House Bill 934, a Bill for an Act to amend the School Code and Community College Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, Hoffman, amends House Bill ..."
"Representative Hoffman on Amendment #2."
"Mr. Speaker, Ladies and Gentlemen of the House, I would like to table Amendment #1 and adopt Amendment #2 because the first Amendment is technically incorrect, and I did not realize that I had to file a Motion to do that."
"You'll have to sign a slip, Representative. It's a Committee Amendment."
"I move to table Amendment #1, Mr. Speaker." 20 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Is there any discussion? May 7, 1981 Gentleman moves to table Amendment #1 to House Bill 934. All in favor will signify by saying 'aye', all opposed 'no". The 'ayes' have it and Amendment #1 is tabled. Further Amendments?"
"Floor Amendment #2, Hoffman, amends..."
"Representative Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Enrolling and Engrossing found an error in this Bill and this second Amendment corrects that objection and I move for the adoption of Amendment #2."
"Is there any discussion? The Gentleman moves for the adoption of Amendment #2 to House bill 934. All in favor will signify by saying 'aye', all opposed 'no". The 'ayes' have it and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Representative Hoffman, do you want to hear House Bill 1070? Mr. Clerk, has he filed the statement of state-wide policy objectives? Read the Bill."
"House Bill 1070, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Are there any Amendments from the floor?"
"No Floor Amendments."
"Has the Gentleman filed his statement of state-wide policy objectives? Third Reading. House Bill 1071, Representative Hoffman."
"House Bill 1071, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments." 21 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 1077, Representative Collins."
"House Bill 1077, a Bill for an Act to amend the Election Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 1081, Representative Telcser."
"House Bill..."
"Out of the record. House Bill 1082, Telcser. Out Clerk Leone: of the record. House Bill 1091, Representative Hoffman." "House Bill 1091, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, Hoffman, amends House Bill..."
"Representative Hoffman on Amendment 2."
"Thank you, very much, Mr. Speaker. Amendment #2 clarifies a typographical error in the drafting of Amendment #1 and I move for the adoption of Amendment #2."
"Any discussion? Gentleman moves for the adoption of Amendment #2 to House Bill 1091. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1112. Just a minute, Mr. Clerk. We're going to go back here and pick up these 22 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 two Bills. I didn't see Representative Telcser. House Bill 1081, Representative Telcser. Read the Bill.'
"House Bill 1081, a Bill for an Act to amend the Illinois Housing Development Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments?"
"Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Are there any Amendments from the floor?"
"No Floor Amendments."
"Third Reading. Return House Bill 1077 to the Order of Second Reading at the request of the Sponsor. Hold it on Second Reading. House Bill 1082, Representative Telcser."
"House Bill 1082, a Bill for an Act to amend the Illinois Housing Development Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 1112, Representative Stuffle."
"House Bill 1112, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 1126, Representative Bradley. The Gentleman in the chamber? Out of the record. House Bill 1137, Representative Barnes. Is the Lady in the chamber? Out of the record. House Bill 1172, Representative Koehler. Read the Bill." 23 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"House Bill 1172, a Bill for an Act to amend the State Fair Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, Koehler, amends House Bill 1172 by deleting the title and inserting in lieu thereof the following."
"Representative Koehler on Amendment #2. Put it on the Board, would you, Mr. Clerk? Representative Koehler on Amendment 2."
"The object of this Amendment is to amend House Bill 1172 to establish an impress account for the Department of Agriculture. This impressed account will allow the Department to pay premiums, awards, and ticket refunds appropriated from the Agricultural Premium Fund, Standard Bred Breeder's Fund and Thoroughbred Breeders Fund in conjunction with the operation of the State Fair. This Amendment was developed in consultation with and in cooperation with Comptroller Burris' Office, the Governor's Office, Bureau of the Budget, and Department of Agriculture. I would urge you to accept this Amendment."
"Is there any discussion? The Gentleman from Effingham, Representative Brummer on Amendment #2."
"Yes, I... It's very noisy back here. I couldn't hear the explanation of this. Is this the Bill dealing with refunds of grants and admission prices at the Illinois State Fair?"
"Yes, it is and I cannot really hear him either. So, yes."
"Does... We adopted an Amendment in the Ag Committee 24 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 regarding this. What additionally does Amendment #2 do?"
"Amendment #2 creates the fund with which to refund the admission tickets."
"Okay. It does not make refunds applicable to exhibitors there or anyone else other than the grand stand. Is that correct?"
"That is correct. Refunds to grand stand only."
"Any further discussion? The Lady moves for the adoption of Amendment #2 to House Bill 1172. All in favor will signify by saying 'aye', all opposed "no". The 'ayes' have it and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1175, Representative Dunn. John Dunn. Representative Dunn. Gentleman's not on the floor? Out of the record. House Bill 1236, Representative Hoffman. Representative Hoffman on the floor? Read the Bill, Mr. Clerk."
"House Bill 1236, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. 1237."
"House Bill 1237, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 1252, Representative Hoffman."
"House Bill 1252, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments." 25 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 1364, Representative Telcser. Read the Bill."
"House Bill 1364, a Bill for an Act to amend the Illinois Housing Development Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #12"
"No Motions filed."
"Are there any Amendments from the floor?"
"No Floor Amendments."
"Third Reading. House Bill 1367, Representative Bower. Read the Bill. Out of the record? Out of the record. House Bill 1391, Representative Beatty. Read the Bill."
"House Bill 1391, a Bill for an Act to amend an Act to create sanitary districts and remove obstructions in the Des Plaines River. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 1414, Representative Bluthardt. Representative Beatty."
"There is an Amendment on 1391."
"The Clerk just told me. It's been filed? It hasn't been printed, Representative. We have to take that out of the record. Take 1391 out of the record. House Bill 1414, Representative Bluthardt. Is the Gentleman in the chamber? Out of the record. House Bill 1503, Representative Nelson. Read the Bill."
"House Bill...."
"Just a minute, Mr. Clerk. Representative Wikoff, 26 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 for what purpose do you seek recognition?"
"Mr. Speaker, on those Bills of Representative Bluthardt, 1412, 1413, 1414..."
"We're only at 1414 right now."
"I, along with Representative Richmond, are Cosponsors on those and we'd be glad, either one of us, be glad to handle those in Representative Bluthardt's absence. He's not here today and we can move them. They came out on..."
"There's only one Bill we're talking about, Representative. That's House Bill 1414. It's on the Short Debate Calendar."
"I'd be glad to handle it."
"Read the Bill, Mr. Clerk. 1414."
"House Bill 1414, a Bill for an Act to amend the Revenue Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 1503, Representative Nelson. Read the Bill."
"House Bill 1503, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 1587, Representative Braun. Read the Bill."
"House Bill 1587, a Bill for an Act creating the Department of Children and Family Services codifying its powers and duties. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed on Amendment #1?"
"No Motions filed." 27 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"Are there any Amendments from the floor?"
"None."
"Representative Braun."
"Thank you. Sorry. Thank you, Mr Speaker. I understand Representative Chapman has an Amendment to this Bill that has been filed but not yet printed."
"Mr. Clerk, do you have an Amendment from the floor filed on 1587?"
"Representative Chapman."
"Yes, an Amendment's just been filed."
"Printed and distributed?"
"It is not."
"Have to take the Bill out of the record."
"Thank you."
"Out of the record on 1587. House Bill 1619, Representative Catania. Read the Bill."
"House Bill 1619, a Bill for an Act to in relation to domestic relations and domestic violent shelters and service programs. Second Reading of the Bill. No Committee ... Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1620, Representative Telcser. Representative Telcser. Representative Telcser. 1620, Representative? Read the Bill."
"House Bill 1620, a Bill for an Act to amend the Illinois Housing Development Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None." 28 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Third Reading. May 7, 1981 House Bill 1653, Representative Mautino. Read the Bill."
"House Bill 1653, a Bill for an Act to amend an Act in relationship to conveyance of public lands. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading. House Bill 1678, Reilly. Read the Bill. Out of the record. Out of the record. House Bill 1768, Representative Satterthwaite. Representative Satterthwaite on the floor? Out of the record. House Bill 1807, Representative Koehler."
"House Bill 1807, a Bill for an Act in relationship to the conveyance of public lands. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"You want to move that Bill? House Bill 1807, Third Reading. Representative Hudson, do you seek recognition?"
"Thank you, Mr. Speaker. Are you going back over and pick up any of these that might want..."
"We've only missed a few Bills on that Order. You have House Bill 377 on the Order of House Bills, Second Reading, Short Debate. Do you want it read?"
"Yes, please."
"Read the Bill."
"House Bill 377, a Bill for an Act to eliminate obsolete references to junior colleges and various Acts. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?" 29 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"No Motions filed." May 7, 1981
"Are there any Amendments from the flooг?"
"Floor Amendment #2, McGrew, amends House Bill 377 on page 24 and so forth."
"Representative Hudson."
"Yes, Hг. Speaker, this is an Amendment that Representative McGrew and I have agreed on. I would be happy to... what the Amendment does is delete references in the School Code to Class 2 community colleges which no longer exist, and I would be pleased in his absence to move adoption of the Amendment."
"Is there any discussion? Representative Wolf, on this issue? The Gentleman moves for the adoption of Amendment #32 to House Bill 377. All in favor will signify by saying 'aye", all opposed 'no', and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Representative Hudson."
"Could I further move, Mr. Speaker, that this Bill remain on Short Debate? Could I have leave for that?"
"Gentleman asks leave to hold House Bill 377 on Short Debate, Are there objections? Hearing none, leave is granted. Third Reading, Short Debate, House Bill 377. On the Calendar on page three under the Order of House Bills, Second Reading, Short Debate te appears House Bill 1137, Representative Barnes. Would you like this Bill read, Representative? Out of the record. Has John Dunn returned to the floor? Representative Peters in the Chair."
"Recognize Representative Getty."
". Speaker, in accordance with the subject that I previously raised concerning the Amendment process of Bills on Second Reading, Short Debate, there were a series of 30 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 Bills which were amended. They must now go to Regular Third Reading. I have looked at those and I would suggest that if there is no objection I would ask leave that the Bills, which are House Bill 163, 523, 545, 546, 685..."
"Exucse me, Representative Getty, would you start again, please?"
"162, 523, 545, 546, 685, 858, 871,874, 934, 1091, and 1172 remain of the Order of Short Debate."
"You've heard the Gentleman's Motion for leave. Are there any objections? Hearing none, leave is granted. Thank you, Representative. Page five, House Bills, Second Reading. Representative Davis, House Bill 65. Out of the record. House Bill 79, Representative Catania. Out of the record? Representative Catania."
"Thank you, Mr. Speaker. I'm waiting for the Department of Public Aid to get itself organized and get its Amendments ready."
"Out of the record. House Bill 103, Representative Abramson. Read the Bill, Mr. Clerk."
"House Bill 103, a Bill for an Act to amend the Revenue Act. Second Reading of the Bill. Amendment #1 was withdrawn, #2 lost."
"Any further Amendments?"
"Floor Amendment #3, Yourell, amends House Bill 103 on page..."
"Representative Yourell on Amendment #3. Representative Abramson, what's your pleasure? Representative Yourell, Amendment #3."
"Thank you, Mr Speaker, Ladies and Gentlemen of the House. Amendment #3 to House Bill 103 has been put on the Bill with the permission of the Sponsor and what it does, it changes the penalty from... to 18... from 12% to 18% when a person offers for sale to a tax sale. I move the 31 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 adoption of Amendment #3 to House Bill 103."
"Any discussion on Amendment #3? There being none, all those in favor will signify by saying 'aye', those opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 113, Representative Kosinski. Read the Bill, Mr. Clerk."
"House Bill 113, a Bill for an Act to amend the Code of Criminal Procedure and Unified Code of Corrections. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"Floor Amendment #1, Stuffle, amends House Bill 113..."
"Representative Stuffle on Amendment #1."
"Yes, Amendment #1 is an Amendment which provides in the case of a person incarcerated for murder the Department of Corrections, that there will be notice by the Department with regard to an inner-divisional transfer from a maximum security facility to a minimum or medium facility. That a 30 day notice be given back to the county to the State's Attorney in which the conviction occurred. I think it's a very simple Amendment. It then, in turn, requires the State's Attorney to attempt to notify the next of kin of the murdered victim. This grows out of a problem that I have had and others with the Department of Corrections. If you know what is currently in the law in 384 of this particular statute, the only provision regarding assignment and transfer is simply that the Director assign a given individual to effect a transfer and in the case of heinous crimes it's possible, in fact very possible now with the programs that are going on, to move a hardened criminal, a convicted multiple murderer, in the particular case I'm 32 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 talking about, without any notice back to the county where the conviction took place or to the victims families. And I would ask for a favorable Roll Call and move adoption of Amendment #1."
"Any further discussion? Representative Getty."
"Would the Gentleman yield?"
"The Gentleman indicates he will."
"Representative Stuffle, I notice you also have a second Amendment. Is it your intention to adopt Amendment 2 if we adopt Amendment #1?"
"Representative Stuffle."
"Representative Getty, I have no intentions of moving Amendment 2. In preparing the Amendment, staff had suggested we look at both approaches. My concern is to limit the impact of this as much as possible and I only intend to proceed with Amendment 1 and I will withdraw 2 in any case."
"Fine. Thank you."
"Any further discussion? Representative Kosinski."
"Mr. Speaker, inasmuch as this deals with time frame as does the original Bill, I feel it germane to the Bill and I have no opposition."
"Any further discussion on Amendment #1? If not, the question is, 'Shall Amendment #1 to House Bill 113 be adopted?'. All those in favor will signify by saying 'aye', all opposed. In the opinion of the Chair, the Amendment is adopted. Any further Amendments?"
"Floor Amendment #2, Stuffle, amends..."
"Amendment #2, Representative Stuffle. Representative Stuffle asks leave to withdraw Amendment #2. Leave granted? Leave is granted. Any further Amendments?"
"Floor Amendment #3, Margaret Smith, amends House 33 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Bill ..." May 7, 1981
"Floor Amendment #3, Representative Smith."
"Thank you, Mr. Speaker. This Amendment to be attached to 113 deals with the judge making consideration in rendering his verdict to the perpetrator over a senior citizen of 60 years or older, that he would take into consideration the fact that the person who perpetrated the crime was to a person who was a senior citizen."
"Representative Stearney on Amendment #3."
"Mr. Speaker, a parliamentary inquiry. I'm just wondering about the germaneness of this Amendment since the Bill deals with Chapter 38, paragraph 1003 and 1004, namely the question of when and how the Department of Corrections parole the prisoner. However, this Amendment #3 deals with an entirely different Section. It deals with the question of the judges sentencing the individual and the factors to be considered. For that reason, I don't believe that's germane at this time."
"Mr. Clerk, give the Bill and the Amendments to the Parliamentarian. And while we are doing that, Representative Abramson, for what purpose do your rise?"
"For an announcement."
"Go ahead."
"Mr. Speaker, Ladies and Gentlemen of the House, we have visitors here today from the 14th District from Drummond Elementary School, 14th District represented by Representative Farley, Ronan, and Abramson. Welcome to Springfield."
"Welcome to Springfield. Representative Smith, for what purpose do you rise? The Gentleman has questioned the germaneness of the Amendment. The Parliamentarian is now studying that."
"That was controversy about the Bill before Mr. Stearney 34 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 and we were making this Amendment to complement that when this sentence would be given to the perpetrator who aggravatedly perpetrated a crime upon a senior citizen that he would take into consideration that the person where the crime was committed was 60 years old or over. And, this is what he was concerned about and this is what we have done. We're hoping that the judge will take into factor..."
"Representative, not to disturb you, Representative Smith, but the question is not on the content of your Amendment but as to whether or not that Amendment is now germane to the entire Bill, whether it should be on this Bill or not. The Parliamentarian is checking that question. It is the ruling of the Chair that Amendment #3 to House Bill 113 is not germane. Representative Getty."
"Mr. Speaker, I would ask you to look again at this. You have the title to House Bill 113 clearly amending the Code of Criminal Procedure and the Unified Code of Corrections. That title is consistent with the Amendments... Amendment #3 which would amend also the Unified ... the Unified Code of Corrections. We have consistently, in this House, permitted Amendments that have amended the same Code."
"Representative Getty, with leave of the Sponsor, Representative Kosinski, we'll take this Bill out of the record until this question of germaneness can be determined and I would ask your assistance and that of Representative Stearney in discussing this with the Parliamentarian."
"Fine. Thank you."
"House Bill 128, Representative McGrew. Out of the record. House Bill 144, Representative Zwick. House Bill 144, Representative Zwick. Representative Zwick, House Bill 144. Out of the record. House Bill 155, Representative Stearney. Read the Bill, Mr. Clerk." 35 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
May 7, 1981 "House Bill 155, a Bill for an Act to amend the Metropolitan Transit Authority Act by creating the Chicago Transit Finance Commission. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Take it out of the record, Mr. Clerk. The Gentleman is waiting for an Amendment. House Bill 228, Representative Schuneman. Out of the record. House Bill 239, Representative Davis. Out of the record. House Bill 240, Representative Davis. Out of the record. House Bill 253, Representative Yourell. On 253, Representative Yourell? Read the Bill, Mr. Clerk."
"House Bill 253, a Bill for an Act to amend an Act in relationship to state revenue sharing of local governmental entities. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Amendments from the floor?... Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendments from the floor?"
"Floor Amendment #2, Yourell, amends ..."
"Representative Yourell, Amendment #2."
"Yes, Mr. Speaker, we filed Amendment #4 to House Bill 253 and I would ask leave now to withdraw Amendment #2..."
"The Gentleman asks leave to withdraw Amendment #2. Is leave granted? Leave is granted. Any further Amendments?"
"Floor Amendment #3, Davis, amends House Bll 253 as amended."
"Floor Amendment #3, Representative Davis. Is the Gentleman in the chamber? What's your pleasure, Representative Yourell?" 36 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981
"Yes, I move do adopt Amendment #3 to House Bill 253. It's a technical Amendment."
"The Gentleman moves the adoption of Amendment #3. Is there any discussion? If not, the question is, 'Shall Amendment #3 be adopted?'. All those in favor will signify by saying 'aye', those opposed. In the opinion of the Chair, the 'ayes' have it and Amendment #3 is adopted. Any further Amendments?"
"Floor Amendment #4, Yourell-Davis-Koehler, amends House Bill ..."
"Representative Yourell on Amendment #4."
"Yes, Mr. Speaker, Amendment #4 is sponsored jointly by myself, Representative Davis and Representative Koehler and what it does is make technical changes and also, in Section 2, states the following facts: 'The General Assembly finds that this Act constitutes a local governmental organization a structure mandate and, therefore; state reimbursement on the State Mandates Act is not required by reason of exemption specified in Subsection A of Section 6. This is added language. I move for the adoption of Amendment #4 to House Bill 253."
"For what purpose does the Lady from Cook, Representative Pullen, seek recognition?"
"Mr. Speaker, has the Amendment been printed and distributed? I don't have one."
"Has the Amendment been printed? Mr. Clerk."
"The Amendment has been printed and distributed."
"Our records do indicate that it has been printed and distributed. Any discussion on Amendment #4? There being none, the question is, 'Shall Amendment #4 to House Bill 253 be adopted?'. All those in favor will signify by saying 'aye', those opposed. In the opinion of the Chair, the 'ayes' have it and the Amendment is adopted. 37 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 Any further Amendments?"
"No further Amendments."
"Third Reading. Excuse me. A fiscal note has been requested, Representative Yourell. The Bill will remain on Second Reading until that obligation is fulfilled. House Bill 264, Representative Van Duyne. Out of the record. House Bill 281, Representative Deuster. Read the Bill, Mr. Clerk."
"House Bill 281, a Bill for an Act to repeal an Act regulating wages of laborers, mechanics, and other workmen employed in public works. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendments filed from the floor?"
"Floor Amendment #2, Deuster, amends House..."
"Representative Deuster, Amendment #2."
"Mr. Speaker and Ladies and Gentlemen of the House, Amendment #2 is an Amendment that I was asked to offer by the State of Illinois Board of Regents on behalf of the Illinois State University, Northern Illinois University and Sangamon State University, and Amendment #2 strikes a line from the University Civil Service System Act to strike the mandate, which is a very costly mandate, that the merit board shall direct all these universities to pay the prevailing rate of wages for all of their employees. What this means is that they have had to pay their janitors the prevailing wage rate that might be paid in the locality to electricians, plumbers, and carpenters and other skilled construction people. This is far beyond the initial intent or scope of the prevailing wage Act and it has cost our Universities... it's a mandate that's cost our schools a lot of unnecessary money for people who are full-time year 38 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 around employees who don't need this construction worker wage rate. I would urge the Members to approve of Amendment #2 to House Bill 281."
"Any discussion on Amendment #2. The Gentleman from Bond, Representative Slape."
"Will the Sponsor yield for a question?"
"He indicates he will."
"Would this Amendment supercede any contracts that might be in effect or in force right now?"
"No, Sir, we can't do that by statute, and the Amendment does not do that. There's no language in the Amendment which would do that?"
"What about in cases where particular unions had made agreements to... for goal wages or not for goal ... prevailing wages and there's kind of an understanding with the university or maybe an unwritten rule or maybe even a formal contract. How is this going to affect those?"
"If this Amendment is adopted the universities and the employees are free to negotiate anything they want to, but all this does is remove the statutory mandate that this prevailing wage be paid."
"Okay. I think that what we're doing is... might be a bad precedent for an Assembly to start into and I think perhaps it would be best if, at this time, the General Assembly rejected this Amendment and I would ask for a 'no' vote on this."
"The Gentleman from Peoria, Representative Saltsman."
"Yes, this is a Bill that seems to be affecting the prevailing wage rate and I agree with Representative Slape that at this time we should oppose this Bill. Thank you."
"The Gentleman from DuPage, Representative Hudson." 39 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Thank you, Mr. Speaker, House. It seems to May 7, 1981 Ladies and Gentlemen of the me that Representative Deuster's Amendment is entirely reasonable. What he's seeking to do is to prevent these parties from being locked into an agreement here relevant to the prevailing wage that is costing the universities in a time of stringent fiscal crisis, in some cases, a great ... a vast amount of money that, perhaps, they would not otherwise have to spend. And also I think the feature of Representative Deuster's Amendment is that it is not affecting those highly skilled or highly skilled trades. I think he's seeking... What he's seeking is entirely reasonable and I think this is precisely the right time and not the wrong time to be introducing a common sense Amendment such as this one seems to be. So, I would urge... I would urge you give it some thought and support Representative Deuster's Amendment."
"The Gentleman from Cook, Representative Ewell."
"Mr. Speaker, Ladies and Gentlemen, it's interesting to note that the assault on the prevailing wage usually start at the bottom of the scale. I have never yet seen them talk about not paying the prevailing wage to the presidents of the universities, to their 201 assistants, to the 410 secretaries, to the 310 aides, and to the 50 or more people who travel down here to Springfield to tell you and us how we ought to conserve the money of the people of the State of Illinois. I would like to point out that this assault on the prevailing wage starts where all the burdens are being laid upon the poor and those who are least able to protect and defend themselves. I suggest to Mr. Deuster and to the other Members who would support this type of legislation that they ought start at the top of the scale. You should start with some of these people who make more money than even the Legislators here. You could start even 40 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 with the Governor's Aides and assistants with whom we are forced to pay 50,000 dollars and more. I mean people around here make more money than the Governor, but yet everytime we want to economize we have to follow the examples of people like the Secretary of State who decides to fire six people who work on the elevators. Great savings. I suggest to you that this is a sham. It's an attempt to lay the burden again at the door of the people who can afford the least and if you want to start on the prevailing wage, start on those who are really and truly making the money and not on those at the bottom of the scale. I have insisted for equity between all people. When I came here I started off and I said if we can't pay the janitors' widows money, we wouldn't pay the judges. I've stayed consistent with that philosophy and the principle of the Democratic society is that you treat all people equal. Mr. Deuster, this is a bad Amendment and it deserves to be soundly defeated."
"The Gentleman from Peoria, Representative Tuerk."
"Mr. Speaker and Members of the House, the previous speaker was talking about apples and oranges rather than getting to the nitty gritty of the Bill. Prevailing wage, as I understand it, years ago was instituted to provide that construction work, public jobs would be covered by the prevailing wage, not the janitors at a university, not employees of the General Assembly, not the various other categories of labor, but those who are working on construction jobs in the public sector, and that's what the prevailing wage is all about. I think the Amendment makes a lot of sense. I think it should be adopted and therefore, I would urge your support of the Amendment."
"The Gentleman from Kane, Representative Murphy." 41 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 36th Legislative Day
"Thank you, Mr. Speaker. Here we go again with Mr. Deuster. Looking at the bottom of the rung of the ladder to take it out on them again. He doesn't go in and try to put a Bill that would restrict the lawyers in government to consultants. Any of those people... we bring them down here and waived to protect their interests. The people that are working are the ones you're staring to take it out on. This is about the fifth Bill that's been coming through here in Amendments and a Bill just to go after the guy on the bottom of the rung. I think it's a bad Amendment. I think it should be defeated."
"The Gentleman from Macon, Representative Tate."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, I rise in support of the Amendment. In many cases, at which some of the Gentlemen have risen to speak in opposition of the Amendment, don't realize that many downstate universities that often times when an incidental work vill arise that, due to the prevailing wage, that work will be brought in from outside of the area and paid a higher wage which costs the public.. or the taxpayers additional money. So, therefore; and in argument with these Gentlemen, what many times happens is, local districts often lose work rather than gain work at the expense of the taxpayer. I encourage a 'yes' vote on this Amendment."
"The Gentleman from Cook, Representative Henry."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"This doesn't have anything to do with the Cook County Sheriff."
"But it has something to do, Representative Deuster, with the working person. The question I'd like to ask is, how much will this measure save in terms of money?"
"We don't know. It might not save anything. It might be that the employees... You'll notice the existing law 42 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 allows the merit board provides that the employees shall be paid a wage which is fair and equitable as they may negotiate. So, I presume that the processes of collective bargaining and freedom that we respect would result in a wage that is fair and equitable. Now, if the present wage is not fair and it's not equitable, it's too high, it would be lowered and there would be a savings. We don't have a dollar amount, Representative."
"So then you don't know how much it will save? The next question is, how many people will this affect?"
"All of them."
"How many workers, in terms of numbers, will this affect?"
"I've never been one who's been able to keep count of the state employees. As you know, Mr. Burris sends out a report that we get every month and it goes up and it goes down. There's a substantial number and if you visit the universities and find out how many janitors there are who change light bulbs and flush out the toilets and repair switches, that's how many people would be affected."
"So, you can't answer that question. Then which university would this affect?"
"It will affect Illinois State University, Northern Illinois University, Sangamon State University and if there are any others that are under the State University Civil Service System Law, it would affect them. And it simply removes a mandate to give them freedom to pay people a fair wage to which all working people are entitled."
"Representative, to all due respect, I still have not received my answer but maybe you could answer this. Who asked for this Bill to be presented?"
"It's a problem that many of us in public life have been aware of for a long time. However, it happens that the Board of Regents of the State of Illinois has suggested the 43 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 Amendment and I'm offering it and I think it's good."
"Mr. Speaker."
"Representative Henry."
"I'd like to address the Bill."
"Proceed."
"The prior speakers to this Amendment on the Democratic side of the aisle is speaking of the democratic philosophy that the working person must have a place in our society. If this Bill... If this Amendment is passed, what you're going to do is open the door. It will start with that working person on the university and would spread throughout the State of Illinois. We have not started talking about starting at the top. We're talking about the person that must change lightbulbs and flush toilet stools and to do the things that we normally would not do in this House of Representatives. For this reason, for this reason and this reason only, with all respect to the Sponsor of this Bill, I think you are misadvised. I think you are ill-advised. I think you're wrong on this measure because you're going against the working people of the State of Illinois, and for that reason, I oppose the Amendment."
"Representative Stuffle."
"Yes, I rise on a point of order. It's my understanding Amendment 1 was adopted to this Bill, and in looking at Amendment 2 it creates two Section 1's by way of application of Amendment 2 to Amendment 1 and I believe it to be out of order for that reason. I'd ask for a ruling on that."
"Representative Deuster."
"I just want to say while we're waiting for the Parliamentarian to get there, Representative Stuffle, I didn't hear your point of order. It seems to me that Amendment #2 amends the Bill as amended." 44 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Well, Amendment #1 ..."
"Representative Stuffle, excuse me and Representative Deuster. We will... the Gentleman raises a question of a point of order. I ask that you and Representative Stuffle come and discuss this with the Parliamentarian and we will take it out of the record until that point is resolved. We will now go back to House Bill 113. We are on Amendment #3. Representative Smith offered Amendment #3 to House Bill 113. Representative Stearney."
"Mr. Speaker..."
"... rose with a point of germaneness. Now, Representative Stearney."
"I withdraw my..."
"Representative ..."
"... objection to the Amendment on the basis of germaneness."
"Representative Stearney withdraws his question of germaneness on Amendment #3, and on that question... On Amendment #3, Representative. We're on the question. Representative Getty."
"I'll yield to Representative Cullerton. I think we should resolve this."
"Representative Cullerton, for what purpose does the Gentleman rise?"
"Mr. Speaker, I question the germaneness of the Amendment."
"Now, Representative, we've just gone through all of this, Representative."
"What was the decision?"
"Representative Stearney... Representative Smith, you talk to Representative Cullerton. It's out of the record. Representative Wolf, for what purpose do you rise?" 45 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Wolf, Sam: "Thank you, Mr. Speaker. May 7, 1981 Just a question of the Chair. Yesterday we went to the Order of Second Reading on the Calendar and we got about half way through, then went to Third. Now, today we've gone to the Order of Second Reading and we're starting all over again. Is this to be the policy of the Chair?"
"It is the intent of the Chair, at least at this point, to continue with Second Readings."
"Alright, if we only get half way through today on Second Reading, what will be the policy of the Chair tomorrow?"
"That question will have to be determined by the Speaker."
"Thank you."
"It is now the intent of the Chair to continue with House Bills on Second Reading but to go to the Order of those Bills on Second Reading that do not have Amendments filed to those Bills. And I would strongly suggest to the Membership that if they have problems with germaneness, Amendments that they attempt to get those solved with the Sponsor or the objector before they are called. On top of page six, House Bill 441, Representative McGrew. Is the Gentleman here? Out of the record. House Bill 482, Representative McClain. Representative McClain. Out of the record. Representative Deuster, for what purpose do you rise?"
"Representative Stuffle and I have resolved the problem and it appears that the Amendment is in order and I would like to proceed with the Amendment to House Bill 281."
"Back on page five, House Bill 281, Representative Deuster? We now on Amendment #2. Representative Stuffle to speak to Amendment #2."
"Yes, Mr. Speaker and Members. As I read the Amendment it clearly does not uniformly apply to all the employees 46 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 that Representative Deuster, I think, intends to cover. It does not apply to all of the university employees as it should if it's to be uniform. It applies to some systems and not others that have Civil Service coverage. As well, I've heard no arguments here to sustain the position of Representative Deuster as to the need for this except to say that it will save money. We can save money in a number of ways. I submit that the arguments of Representative Ewell to the contrary of those made by Representative Deuster, in order and are correct. We've heard nothing here to show us what kind of wage reductions would occur under this particular Amendment. We've heard nothing about what kind of situation these people will be in if this passes. Representative Deuster tells us that they could negotiate whatever they wanted to. We know that that is not the intent of this Amendment. This Amendment is to cut the wages of employees along the same line and in the same vein as the initial Bill did and as Amendment #1 did. It's simply a decision as to whether or not we will support prevailing wages. If there were arguments to prove the need for this I think they ought to have already been made in this rather extensive debate to indicate what kind of dollar figures we're talking about, what we're doing to the wages of these people, what in turn we're doing to their benefits indirectly that they now enjoy under the university systems. I would rise as others have in opposition to this Amendment."
"Representative Deuster to close."
"Mr. Speaker and Ladies and Gentlemen of the House, Amendment #2 eliminates a mandate that requires that some of our universities pay full-time year around janitors a construction wage rate designed for people who are working sometimes, but not working each and every day all year 47 STATE OF ILLINOIS 82ND GENERAL ASSENBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 long. Somehow into our Statutes the philosophy of the prevailing wage law became extended far beyond its intent. Originally, the Prevailing Wage Act was to say that when you're constructing something, a public project, you want to make sure that you have competent people working on it and originally the idea was, we guarantee that workers from some other state wouldn't come in and undercut. We wanted to make sure that the university buildings were constructed or city hall buildings or schools were constructed on the basis of wages that were the prevailing wage in the area. But we did not intend that the janitors working here in the General Assembly or the maintenance workers for the universities or for our local schools be saved..be paid the same wage rate by way of a mandate that we pay to construction workers, brick layers and so forth. This Amendment will eliminate that mandate and leave it free to the processes of collective bargaining to which Members on both sides of this aisle ascribe with great enthusiasm. And might I simply sa y to my friend Laz Murphy and Ray Ewell on the other side that suggest why don't I stop...start with the big people who are making lots of money- Representative Catania is sponsoring a Bill of which I'm a Cosponsor to cut the per diem for the Board Members of the RTA. So I believe Ray and Laz in starting at the top too. I believe that we've got to economize to save this state and to save this country everywhere. All of us have to chip in. That's what the President and the United States Congress are doing today in Washington is to try to control costs so that we can keep people and I might say to you that if you leave this provision in the law, instead of ten janitors working, you're only going to have eight working and you're going to have two of them out without any work at all. And I'll think if you'll talk to those 48 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 two working men or women who are going to lose their jobs because we leave in a state mandate that forces the university to fire people cause they don't have enough money, because we're cutting their budgets, then you must answer to those people who lose jobs as a result of leaving this provision in the law. I think this is going to save jobs and it's still going to allow every worker to be paid a fair and equitable wage. It's reasonable. It's good and I would urge your affirmative 'aye' vote. Thank you."
"The question is, 'Shall Amendment #2 to House Bill 281 be adopted?' All those in favor will signify by voting 'aye'; those opposed by voting 'nay'. Mr. Clerk? Could someone please shut off Representative Bluthardt's microphone? Thank you. 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 50 voting 'yes', 95 voting 'no' and the Amendment is lost. Any further Amendments?"
"No further Amendments."
"Third Reading. For purposes of the record, on House Bill 113 a question of germaneness was raised in regard to the Amendment offered by Representative Smith of Cook County. Let the record indicate that with the withdrawal of the request for a ruling by the Chair by Representative Stearney, there is, in fact, no decision on the Chair on that particular Amendment. Will that satisfy the record, Representative? Representative Getty."
"No, Mr. Speaker. I would...I asked that the Speaker reconsider the ruling that the Speaker had made. I sincerely believe that that is a perfectly germane Amendment. It amends the Unified Code of Corrections. The original Bill title amended the Unified Code of Corrections and I think that we are entitled to a ruling from the Chair 49 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 on that issue, that it is indeed germane. If it were ruled nongermane, we would find a whole series which we've just been going through of Members on both sides of the aisle whose Amendments to their Bills would now become nongermane. I think the precedent has to be cleared up. I think the precedent of the eight years...nine years that I've been in this House, that this would be a consistent germane Amendment, consistent with the policies of this House."
"Representative Getty, for purposes of the record, the Chair made a statement that he did so that the Membership and Representative Smith would be aware of where we are on that Bill. That Bill is out of the record. Representative Stearney has withdrawn his question of germaneness. That same question was called for by Representative Cullerton. The Chair is now considering a ruling on Representative Cullerton's Notion of germaneness. So that is where we are at on 113. And until the decision Getty: is reached, that's where we are at. Okay?" "Thank you, Mr. Speaker."
"Thank you. It is now again the intention of the Chair for purposes of record to go to that Order of Second Readings in which no Amendments have been filed. On page six, House Bill 95... House Bill 597. Representative Ralph Dunn. Are there any Amendments filed? Out of the record. House Bill 609, Representative Jim Kelley. House Bill 609, Representative Jim Kelley. Read the... Out of the record. House Bill 618, Representative Topinka? Representative Topinka, 618. Read the Bill, Mr. Clerk."
"House Bill 618,..."
"Floor Amendments have been filed. House Bill 629, Representative Rigney. Out of the record. House Bill 663, Representative Christensen. Out of the record. House 50 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 Bill 672, Representative Schuneman. Out of the record. House Bill 676, Representative Henry? Out of the record. House Bill 680, Representative Braun. Out of the record. House Bill 730, Representative Pierce. Out of the record. House Bill 744, Representative Stearney. 744, Representative Stearney? Amendment's been filed. House Bill 808, Representative Darrow. Out of the record. House Bill 829, Representative Klemm. Out of the record. House Bill 834, Representative Dick Kelly. Floor Amendment filed. House Bill 837, Representative Oblinger. Out of the record. House Bill 845, Representative Grossi. Out of the record. Gentlemen, we're not going to make much headway. House Bill 855, Representative Tuerk? 855, Representative Tuerk? Read the Bill, Mr. Clerk."
"House Bill 855, a Bill for an Act in relationship to local improvements made by special assessment or special tax benefiting abutting state property. Second Reading of the Bill. No Committee Amendments."
"Representative Tuerk. Any Amendments from the floor?"
"None."
"Third Reading. House Bill 857, Representative Redmond. Out of the record. House Bill 898, Representative Piel. Out of the record. House Bill 913, Representative Giorgi? Out of the record. House Bill 918, Representative DiPrima. Floor Amendment filed. Out of the record. House Amendment... House Bill 931, Representative Terzich? Read the Bill, Mr. Clerk."
"House Bill 931, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None." 51 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
May 7, 1981 "Third Reading. House Bill 932, Representative Kociolko. Read the Bill, Mr. Clerk."
"House Bill 932, a Bill for an Act to amend the Plumbers License Act.."
"Excuse me. Representative Kociolko?"
"Mr. Speaker, Ladies and Gentlemen of the House, I would like to inform this Body that attempts over the last several days to arrive at a compromise wording on Amendments to House Bill 932 have proved unsuccessful and have reached an impasse. Therefore, I would like to ask leave of the House that Bill #932 be placed on the Interim Study Calendar in the Committee of Registration and Regulation to which it was originally assigned."
"You have heard the Motion. Does the Gentleman have leave? Leave is granted. 932- Interim Study."
"Thank you."
"937, Representative Sandquist."
"House.. House Bill..."
"Excuse me. Representative Terzich, we are only taking Bills now that we do not have Floor Amendments filed for, that we do not. Representative Sandquist, 937. Read the Bill, Mr. Clerk."
"House Bill 937, a Bill for an Act to amend the Adoption Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 943, Representative Tuerk. Read the Bill, Mr. Clerk."
"House Bill 943, a Bill for an Act to amend the Workers' Compensation Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?" 52 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 36th Legislative Day
"None."
"Third Reading. House Bill 944, Representative Tuerk. Read the Bill, Mr. Clerk."
"House Bill 944, a Bill for an Act to amend the Workers' Compensation Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 944, Representative Tuerk. Read the Bill, Mr. Clerk. Did we do '43 and '44? Did we get all of them, Fred? Thank you. Okay. 959, Representative Younge. Read the Bill, Mr. Clerk."
"House Bill 959, a Bill for an Act to amend the Illinois Promotion Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 998, Representative Bartulis. Out of the record. House Bill 1039, Representative McClain. Read the Bill, Mr. Clerk."
"House Bill 1039, a Bill for an Act to amend the Illinois Banking Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1093, Representative Braun. Out of the record. House Bill 1143, Representative McAuliffe. Out of the record. House Bill 11...1143, Representative McAuliffe, what's your pleasure? Read the Bill, Mr. Clerk."
"House Bill 1143, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments." 53 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1039 (sic), Representative Braun. Read the Bill, Mr. Clerk."
"House Bill 1039..."
"1039 (sic) was out of the record. Representative Braun was not on the floor at the time. 1093, I'm sorry. 1093, Representative Braun. Read the Bill."
"House Bill 1093, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Amendments from the floor?"
"No Motions filed and no Amendments from the floor."
"Third Reading. House Bill 1152, Representative Rhem. Read the Bill, Mr. Clerk."
"House Bill 1152, a Bill for an Act to amend the State Comptroller's Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor? Is there a Floor Amendment on this? Representative Rhem, is there a Floor Amendment on this Bill? Out of the record. House Bill 1155, Representative Vinson. Out of the record. House Bill 1158, Representative McPike. Read the Bill, Mr. Clerk."
"House Bill 1158, a Bill for an Act to create the Illinois..."
"Out of the record. Out of the record. House Bill 1162, Representative Pullen. Read the Bill, Mr. Clerk."
"House Bill 1162, a Bill for an Act to amend the Election Code. Second Reading of the Bill. No Committee Amendments." 54 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Any Amendments from the floor?"
"None." May 7, 1981
"Third Reading. House Bill 1168, Representative Levin. Read the Bill, Mr. Clerk."
"House Bill 1168, a Bill for an Act to amend the Condominium Property Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1177, Representative Hoffman. Out of the record. House Bill 1178, Representative Hoffman. Out of the record. House Bill 1181, Representative Catania. Read the Bill, Mr. Clerk."
"House Bill 1181, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendments from the floor?"
"No Floor Amendments."
"Third Reading. House Bill 1182, Representative Robbins. Read the Bill, Mr. Clerk."
"House Bill 1182, a Bill for an Act to amend an Act in relationship to oil, gas, coal and other surface and underground resources. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendments from the floor?"
"No Floor Amendments."
"Third Reading. House Bill 1189, Representative Zwick. Read the Bill, Mr. Clerk."
"House Bill 1189, a Bill for an Act in relationship 55 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 to ride sharing. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Fiscal Note filed?"
"Fiscal Note has not been filed."
"Put on Representative Zwick. Representative Zwick."
"The request for the Fiscal Note was withdrawn because the Amendment..."
"...Who made the request, Representative Zwick?"
"Representative Ewing."
"Representative Ewing?"
"The Amendment that was in Committee took out the part that he was concerned about that would have a Fiscal impact. If you'd rather wait till he's here..."
"If Representative Ewing returns and indicates to the contrary, we'll take this back to Second Reading. Third Reading."
"Thank you."
"House Bill 1190, Representative Stanley. Out of the record. House Bill 1208, Representative Macdonald. Out of the record. House Bill 1232, Representative Bradley. Out of the record. House Bill 1239, Representative Jim Kelley. Out of the record. House Bill 1243, Representative McAuliffe. Read the Bill, Mr. Clerk."
"House Bill 1243, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. Representative Pouncey, would you shut off Representative Rhem's light please? Thank 56 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day you. House Bill 1246, Representative May 7, 1981 Capparelli. 12... Amendment filed. House Bill 1259, Representative Meyer, Ted Heyer. Out of the record. House Bill 1260, Representative Wikoff. Read the Bill, Mr. Clerk."
"House Bill 1260, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"No Floor Amendments."
"Third Reading. House Bill 1261, Representative Wikoff. Read the Bill, Mr. Clerk."
"House Bill 1261, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1264, Representative Braun. Out of the record. Amendment filed. House Bill 1268, Representative McAuliffe. Representative McAuliffe on 1268? Out of the record. House Bill 1277, Representative Stuffle. Read the Bill, Mr. Clerk."
"House Bill 1277, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1280, Representative Stuffle. Read the Bill, Mr. Clerk."
"House Bill 1280, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None." 57 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Third Reading. House Bill 1288, Representative...Out of the record. House Bill 1298, Representative Terzich. Out of the record. House Bill 1299, Representative Terzich? Read the Bill, Mr. Clerk."
"House Bill 1299, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1301, Representative Schneider. Read the Bill, Mr. Clerk."
"House Bill 1301, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1302, Representative Bowman. Out of the record. House Bill 1317, Representative Daniels. Out of the record. House Bill 1319, Representative McMaster. Read the Bill, Mr. Clerk."
"House Bill 1319, a Bill for an Act to amend an Act to revise the law in relationship to township organization. Second Reading of the Bill. No committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1338, Representative O'Brien. Out of the record. House Bill 1345, Representative NcPike? Read the Bill, Mr. Clerk."
"House Bill 1345, a Bill for an Act to establish the right of educational employees to organize and bargain collectively. Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."
"Any Motions with respect to Amendment #1 or 2?" 58 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"No Motions filed."
"Any Amendments from the floor?" May 7, 1981
"No Floor Amendments."
"Third Reading. House Bill 1346, Representative McClain? Read the Bill, Mr. Clerk."
"House Bill 1346, a Bill for an Act to amend the Use Tax Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1348, Representative Giorgi? Representative Giorgi? House Bill 1348. ....has gone down, Representative Giorgi. House Bill 1348, Representative Giorgi. Do you wish the Bill called? Out of the record. House Bill 1350, Representative Robbins. Read the Bill, Mr. Clerk."
"House Bill 1350, a Bill for an Act ..."
"No. Out of the record. Out of the record. House Bill 1351, Representative Winchester? Out of the record. House Bill 1354, Representative Giorgi? 1354. Out of the record. House Bill 1373, Representative Sandquist. Read the Bill, Mr. Clerk."
"House Bill 1373, a Bill for an Act to amend an Act in regard to alcoholic liquors. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1395, Representative Sam Wolf. Read the Bill, Mr. Clerk."
"House Bill 1395, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?" 59 36th Legislative Day
"None." STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"Third Reading. House Bill 1405, Representative Bartulis. Read the Bill, Mr. Clerk."
"House Bill 1405, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. Is Representative Rigney in the chamber? House Bill 1409, Representative Leverenz. Read the Bill, Mr. Clerk."
"House Bill 1409..."
"Out of the record. Representative Leverenz? Representative Leverenz."
"I ...just to clarify. You're taking Bills without Amendments? Correct?"
"1409 according to the list I have has no Floor Amendments. That's why I have called it."
"Well, then apparently something's wrong within the Clerk in telling you that because there is a Floor Amendment. I'm sorry. Thank you."
"Representative Leverenz, we can always count on you to keep us straight. Thank you."
"It's only fair."
"The Clerk, however, has no copy of any such Amendment so if you filed one you'd better check with him. House Bill 1445, Representative Schneider. Out of the record. House... House Bill 1447, Representative Schneider. Read the Bill."
"House Bill 1447, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?" 60 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"None."
May 7, 1981 "Third Reading. House Bill 1449, Representative Schneider. Read the Bill, Mr. Clerk."
"House Bill 1449, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1469, Representative J.J.Wolf. Read the Bill, Mr. Clerk."
"House Bill 1469, a Bill for an Act to exempt public employee pension changes from the requirement of State's Mandates Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1470, Representative Catania. Read the Bill, Mr. Clerk."
"House Bill 1470, a Bill for an Act to amend the Illinois Human Rights Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1475, Representative Collins. Out of the record. House Bill 1495, Representative Sandquist. Read the Bill, Mr. Clerk."
"House Bill 1495, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1497, Representative Hoxsey? 1497, Representative Hoxsey. Out of the record. 61 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 House Bill 1501, Representative Abramson. Read the Bill, Mr. Clerk."
"House Bill 1501, a Bill for an Act to amend an Act in relationship to the rate of interest and other charges in connection with the sale on credit and the lending of money. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1505, Representative McMaster. Read the Bill, Mr. Clerk."
"House Bill 1505, a Bill for an Act to amend the Environmental Protection Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1520, Representative Rea. Out of the record. House Bill 1531, Representative Stanley? Out of the record. House Bill 1533, Representative Hoxsey. House Bill 1533. Out of the record. House Bill 1535, Representative McAuliffe. Read the Bill, Mr. Clerk."
"House Bill 1535, a Bill for an Act to establish local governmental law enforcement officers fund and provide for the method of financing. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1543, Representative Levin. Read the Bill, Mr. Clerk."
"House Bill 1543, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. No Committee Amendments." 62 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Any Amendments from the floor?"
"None." May 7, 1981
"Third Reading. House Bill 1557, Representative Donovan. Out of the record. House Bill 1570, Representative Younge? Read the Bill, Mr. Clerk."
"House Bill 1570, a Bill for an Act to amend the Illinois Human Rights Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1586, Representative Braun. Read the Bill, Mr. Clerk."
"House Bill 1586, a Bill for an Act to amend the Emergency Medical Services System Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Amendments from the floor?"
"No Motions filed and no Amendments from the floor."
"Third Reading. For what purpose does the Gentleman from Franklin, Representative Rea, seek recognition?"
"Thank you, Mr. Speaker and Members of the House. I would like to take this opportunity to introduce the sixth grade class from Christopher, Illinois, Franklin County, being represented here by Representative Winchester, McCormick and myself and it also happens to be my home town. I'd like for you to stand."
"Welcome to Springfield. House Bill 1590, Representative Donovan. Out of the record. House Bill 1591, Representative Kane. 1591. Read the Bill, Mr. Clerk."
"House Bill 1591, a Bill for an Act to amend the Illinois Coal and Energy Development Bond Act. Second Reading of the Bill. Amendment #1 was adopted in 63 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Committee."
May 7, 1981 "Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendments from the floor?"
"No Floor Amendments."
"Third Reading. House Bill 1592, Representative Kane. Read the Bill, Mr. Clerk. Floor Amendment. Take it out of the record. House Bill 1626, Representative Rea. Representative Rea. Would you please shut your light off? House Bill 1626, Representative Winchester. Out of the record. House Bill 1648, Representative Davis. Out of the record. House Bill 1661, Representative Braun? Read the Bill, Mr... Out of the record. House Bill 1668, Representative Bowman? Read the Bill, Mr. Clerk."
"House Bill 1668, a Bill for an Act to amend the Election Code. Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."
"Any Motions with respect to Amendments #1 and 2?"
"No Motions filed."
"Any...Any Amendments filed from the floor?"
"No Floor Amendments."
"Third Reading. House Bill 1679, Representative Horsey. Out of the record. House Bill 1690, Representative Terzich. 1690. Out of the record. House Bill 1708, Representative Cullerton. Read the Bill, Mr. Clerk."
"House Bill 1708, a Bill for an Act to amend the Juvenile Court Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. Is Representative Rigney in the 64 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 chamber? House Bill 1713, Representative Pechous. Out of the record. House Bill 1715, Representative Tuerk? Out of the record. House Bill 1719, Representative McGrew. Out of the record. House Bill 1746, Representative Jaffe? Read the Bill, Mr. Clerk."
"House Bill 1746, a Bill for an Act to amend the Criminal Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1767, Representative Friedrich. Out of the record. House Bill 1785, Representative Davis. Out of the record. House Bill 1789, Representative Braun. 1789. Read the Bill, Mr. Clerk."
"House Bill 1789, a Bill for an Act to amend the Emergency Medical Services System Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"No Floor Amendments."
"Third Reading. We'll back up to Representative Pechous. House Bill 1713. Representative Pechous. Read the Bill, Mr. Clerk."
"House Bill 1713, a Bill for an Act to amend the Bingo License and Tax Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. Representative Van Duyne? What was that number? Put on Representative Van Duyne. What is it?"
"264. 2-6-4."
"He missed Representative Van Duyne a bit earlier on page five, House Bill 264. Representative Van Duyne. 65 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Read the Bill, Mr. Clerk."
"House Bill 264, a Bill for an Act to amend the Waukegan and Joliet Metropolitan Exposition Auditorium Authority Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendment from the floor?"
"No Floor Amendments."
"Third Reading. For what purpose does the Gentleman from Cook, Representative Wolf, seek recognition?"
"For the purpose of an announcement, Mr. Speaker."
"Proceed."
"I've been asked by the Department of Conservation to remind the Members of the House that tomorrow is the last day for filing deer hunting permit applications. If any of your constituents, as they often do, ask you to bring applications down, tomorrow is the last day."
"Deer hunting applications, tomorrow's the last day. House Bill 1814, Representative Findley. Is the Gentleman on the floor? Out of the record. House Bill 1816, Representative Reed. Read the Bill, Mr. Clerk."
"House Bill 1816, a Bill for an Act in relationship to the requirement of an economic impact study for regulations proposed before the Pollution Control Board. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendments from the floor?"
"No Floor Amendments."
"Third Reading. House Bill 1817, Representative 66 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Nelson. House May 7, 1981 Bill 1818, House Bill Out of the record. Representative Nelson. Out of the record. 1863, Representative Nelson. Out of the record. House Bill 1870, Representative Doyle? Read the Bill, Mr. Clerk."
"House Bill 1870, a Bill for an Act to amend the Illinois Pension Code. Committee Amendments."
Second Reading of the Bill. No Speaker Peters: "Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1551, page 13. House Bill 1551. Representative Stearney. Read the Bill, Mr. Clerk, Second Reading."
"House Bill 1551, a Bill for an Act to amend an Act in regard to evidence and dispositions. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Amendments from the floor?"
"No Motions filed and no Amendments from the floor."
"Third Reading. The Chair will now return to the Order of House Bills, Second Reading, Short Debate Calendar to pick up those Bills that do not have Amendments added. For what purpose does the Gentleman from Kendall, Representative Hastert, seek recognition? Representative Hastert."
"Mr. Speaker, Ladies and Gentlemen of the House, I'd like to give notice to the Members of the House that there is a group of honor students from Wabansee Valley High School in Aurora and they are visiting State Government in Springfield for these two days and I'd like to have them stand and be recognized."
"Page two, House Bill 812, Representative Hikoff."
"House Bill 812, a Bill for an Act.." 67 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Out of the record. May 7, 1981 House Bill 1071, Representative Hoffman. Out of the record. House Bill 1081, Representative Telcser. Out of the record. 1082, Telcser. Out of the record. House Bill 1112, Representative Stuffle. House Bill 1112 on page three? Is it moved to Third? House Bill 1126, Representative Bradley. Read the Bill, Mr. Clerk."
"House Bill 1126, a Bill for an Act relating to the Department of Children and Family Services. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. The Gentleman asks leave to retain House Bill 1126 on the Order of Short...Third Reading, Short Debate. Does he have leave? Leave. House Bill 1137? I wasn't sure whether there were Amendments or not, Representative. House Bill 1137, Representative Barnes. Out of the record. House Bill 1175, Representative John Dunn. Out of the record. House Bill 1367, Representative Bower. Out of the record. House Bill 1391, Representative Beatty. Out of the record. House Bill 1503, Representative Nelson. House Bill 1503. Page four. Read the Bill, Mr. Clerk. Out of the record. It is on Third Reading. House Bill 1587, Representative Braun. 1587. Representative Braun, what's your pleasure? Read the Bill, Mr. Clerk."
"House Bill 1587, a Bill for an Act creating the Department of Children and Family Services, codification of its powers and duties. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendments from the floor?" 68 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"No Floor Amendments."
"Representative Braun? May 7, 1981 Representative Braun."
"Mr. Speaker, that's the Bill that Representative Chapman indicated an interest in amending and I suppose her Amendment has not been filed..."
"Out of the record. Representative Satterthwaite, House Bill 1768? Out of the record. Continuing with that same Order, Representative Nelson, on page 14, do you wish those ...your Bills there to be called, 1817? House Bill...page 14, House Bills, Second Reading, same Order of business, no Amendments. House Bill 1817, Representative Nelson. Read the Bill, Mr. Clerk."
"House Bill 1817, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1818, Representative Nelson. Read the Bill, Mr. Clerk."
"House Bill 1818, a Bill for an Act relating to restrictions on solar energy use. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1863, Representative Nelson. Read the Bill, Mr. Clerk."
"House Bill 1863, a Bill for an Act to amend the Illinois Agricultural Act. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. On page seven, House Bill 682 is on the Order of Second Reading and being held for the 69 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 purposes of a Fiscal Note request. That request has now been filed. Third Reading. Short Debate, the same general Order, page two. House Bill 812, Representative Wikoff. Read the Bill, Mr. Clerk. House Bill 812."
"House Bill..."
"Page two.."
"House Bill 812, a Bill for an Act to amend an Act to create the State University Civil Service System. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendments from the floor?"
"No Floor Amendments."
"Third Reading. Have we missed anyone? Any to pick up? House Bill 293. House Bills Second Reading, page five. House Bill 293, Representative Satterthwaite. Out of the record. House Bill 328, Representative Leverenz? With Amendments. Out of the record. House Bill 406, Representative E.G.Steele. Out of the record. House Bill 411, Representative Reilly. Out of the record. House Bill 441, Representative McGrew, 441. Out of the record. We'll get to it. House Bill 482, McClain. Representative McClain? 482? Out of the record. House Bill 490, Representative Kane. Out of the record. House Bill 531, Representative Catania? 531. Out of the record. House Bill 555, Representative Schuneman, 555. Out of the record. House Bill 556, Representative Schuneman. Out of the record. House Bill 584, Representative Stuffle. Out of the record. House Bill 597, Representative Ralph Dunn. Out of the record. House Bill 598, Representative Chapman. Out of the record. Representative Kane on 490? Do you want that called? House Bill 490, Representative Kane. 70 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Read the Bill, Mr. Clerk." May 7, 1981
"House Bill 490..."
"Hold on. Yes or no? 10."
"House Bill 490, a Bill for an Act in relationship to the collective bargaining with firefighters. Second Reading of the Bill. Amendments #1, 2, 3 and 4 were adopted in Committee."
"Any Motions with respect to Amendments 1, 2, 3 or 4?"
"No Motions filed."
"Any Amendments... Representative Kane."
"I think that one of those Amendments failed in Committee. I don't think all... I think #2..I think it should be only 1, 3 and 4."
"Correction; Amendment #1, 3 and 4 were adopted in Committee. Amendment #2 failed."
"Any Motions with respect to Amendments #1, 3 and 4?"
"No Motions filed."
"Any Amendments from the floor?"
"Floor Amendment #5, Leverenz, amends House Bill ....""
"Amendment #5, Leverenz? Amendment #5, Leverenz. What's your pleasure, Mr. Kane?"
"I would continue."
"Representative Leverenz is not here."
"Yes. Why don't we proceed and if needs be we can always call it back if that meets with the ..."
"Pardon? Representative Mautino, for what purpose do you arise?"
"Inquiry, Sir. I believe Representative Leverenz has Amendment #5 and I have Amendment #6. Is that correct, Mr. Clerk?" 71 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Mr. Clerk?"
May 7, 1981 "Representative Kane has Amendments #6, 7, 8. Ronan has #9 and Mautino has #10."
"And Leverenz has what number?"
"If Speaker "Representative Leverenz has Amendment #5." I that for him. could make a suggestion? I'd be happy to handle I know what's in the Bill. It was heard in And if there's no..."
Subcommittee. Peters: "Representative Nautino, I don't think that we want to start that kind of situation and what we have been doing, Representative Kane, is that if the Member is not on the floor we have been giving the Sponsor the opportunity to table the Amendment...er...taking the Bill out of the record. It causes less confusion."
"Why don't we take it out of the record for now?"
Speaker Peters: "Out of the record. House Bill 615, Representative Swanstrom. Read the Bill, Mr. Clerk."
"House Bill 615, a Bill for an Act to create the Auctioneers' Licensing Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendments from the floor?"
"Floor Amendment #2, Ropp, amends House Bill 615 on page 11 and so forth."
Speaker Peters: "Representative Ropp, Amendment #2. Representative Ropp withdraws Amendment...asks leave to withdraw Amendment #2. Leave? Amendment #2 is withdrawn. Any further Amendments?"
"No further Amendments."
"Third Reading. Fawell. Out of the record. Vinson. Out of the record. House Bill 627, Representative House Bill 637, Representative House Bill 665, Representative 72 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Catania? Read the Bill, Mr. Clerk." May 7, 1981
"House Bill 665, a Bill for an Act to amend the Illinois Marriage and Dissolution of Marriage Act. Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."
"Any Motions filed with respect to Amendments #1 and 2?"
"No Motions filed."
"Any Amendments from the floor?"
"Floor Amendment #3, Grossi-Greiman, amends House Bill...."
"Representative Grossi, Amendment #3."
"Thank you, Mr. Speaker. Amendment #3 simply conforms the House Bill 665 with House Bill 514 which was Greiman's Bill which provided for the change of custody to be determined in the best interests of the child. This has the approval, I understand, from the Sponsor."
"Any further discussion? There being none, the question is, 'Shall Amendment #3 to House Bill 665 be adopted?' All those in favor will signify by saying 'aye'; those opposed. In the opinion of the Chair, the 'ayes' have it. And Amendment #3 is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 666? Representative McPike? Read the Bill, Mr. Clerk."
"House Bill 666, a Bill for an Act to amend certain Acts to authorize multi-office banking through bank holding companies and community service facilities. Second Reading of the Bill. Amendment... No Committee Amendments."
"Any Amendments from the floor?"
"Floor Amendment #1, Hoffman, amends House Bill 666 on page eight by deleting lines 14 through 20 and so 73 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day forth."
"Kamikaze operation, May 7, 1981 Representative NcPike. Amendment #1, Representative NcPike.. Representative Hoffman. Is the Gentleman in the chamber? What's your pleasure, Representative NcPike?"
"Well, I would like to continue. I oppose that Amendment, so I would like to ....If the Sponsor's not here, I would like to continue with the Bill on to Amendment #2."
"Is there a Motion?"
"I would move to table Amendment #1."
"Representative NcPike moves to table Amendment... The Gentleman has moved to table Amendment #1 to House Bill 666. Is there any discu...Is there any discussion? Representative Daniels."
"This is Representative Hoffman's Amendment?"
"Yes, Sir."
"I would ask the Gentlemen to hold his Bill until such time as Representative Hoffman can be on the floor. There are many of us that are concerned with this legislation and we would like the opportunity to hear this very important Amendment."
"Representative NcPike."
"Well, Lee, I understand that and I do not object to debating this Amendment or the Bill. The problem is, as you well know, that you can file an Amendment and simply leave the floor and the Bill can never be moved. Now, we've got 500 Bills or 1,000 Bills here and we have to do something. We've stalled around here three or four minutes. We could stall a couple more minutes. I don't object to that, but I would like to move the Bill today to Third Reading."
"Well, with permission of the Speaker, when 74 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 Representative Hoffman is able to return from his meeting, perhaps he would call it at that time, giving you an opportunity to have your Bill heard on Second Reading."
"Well, perhaps he would or perhaps he wouldn't. I want to move the Bill now."
"Well, Representative McPike, we're asking for consideration to another Member of the House. I'm proud to tell you that the House is probably in the best shape that it's been in in the seven years that I've been here. We are moving Bills quite rapidly. We're very pleased with the progress we're making and certainly the Membership on this side of the aisle will give you every chance to hear this very important piece of legislation. Now, I should tell you that this Amendment that's being presented is very important to those of us out in the collar counties because it's an Amendment that deals with crossing the county line when you're talking about multi-bank holding companies. And we want to hear this Amendment. And if we are unable to hear it...Yes?"
"I don't object. I would be glad to wait for an hour SO Representative Hoffman can get back if I have some assurance that we can return to this Bill so that I can move it to Third Reading."
"Well, the Gentleman up at the Chair, at the podium, is the one that controls it. I would ask him that when Representative Hoffman..."
"Well, you see it's not just you. There are other people on your side of the aisle that are looking at me right now saying, 'Move the Bill. Move the Bill.' So, it's not just this side of the aisle versus that side of the aisle. This is a Bill that is not partisan. There are a number of people that want me to move the Bill. I will hold it for an hour if I can have some assurance, until 4:00 p.m., if I 75 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 have some assurance that we can return to the Bill and I can move it today. Mr. Speaker?"
"Representative McPike, you put the Chair in a difficult posture. If ve are on the Order of Second Readings and I am here, I give you... I give you my word that I will return to 666 in order to hear Amendment #1."
"Well, if... I really ... I accept your word, but if you're not in the Chair that creates problems for me. If we're not on Second Reading that creates more problems. There are people on both sides of the aisle that want this Bill heard. If that's the only assurance that I can get, with people nodding at me, I would say continue with the Bill at this time. Let's move the Bill."
"Well, Representative McPike..."
"I think you should discuss it with people on your side of the aisle that are looking at me right now saying, 'No. Move the Bill.'.."
"Wait a second... This is not...."
"I said, 'Move the Bill'."
"Representative Hoffman, you can introduce yourself to Representative McPike."
"I was willing to wait for an hour, Gene. I thought that was fair."
"There's a Motion to table Amendment #1. Does the Gentleman from Madison..."
"I would withdraw that Motion and ...."
"The Gentleman withdraws the Motion to table Amendment #1. On Amendment #1, Representative Hoffman."
"Amendment #1, Hoffman, amends House Bill 666 on page eight and so forth."
"Representative Hoffman."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I appreciate your indulgence. Please no personal 76 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 questions. We're talking about a serious Amendment. Ladies and Gentlemen, Amendment #1 to House Bill 666 simply says that multi-bank holding companies can only operate in one region rather than two. Now, those of you that are familiar with this particular Bill, know that the state is divided into five regions: Cook County being one of the regions and the collar counties surrounding Cook County the second region and then North Central, Illinois the third region and central counties the fourth region and the southern counties the fifth region. As the Bill is presently drafted, it says that multi-bank. holding companies may operate in their home region and any other single or individual region, in other words a bank in region #1 could also be involved in region #2 if that's where they chose to go, but they couldn't go to region #3. What this Amendment does is eliminates that and says that you would have a multi-bank holding company by only in one region, that you would not be able to go into other regions or any other regions. Now, Ladies and Gentlemen, we are talking about a program here which will dramatically change banking in the State of Illinois. And I think we know that that in itself is not bad. But I would suggest to you that we ought to do this in some reasonable kinds of stages. Let us see, let us see what happens with my Amendment in place and let us see what happens when we just allow multi-bank holding companies to function in a single region rather than to reach out into your region and mine. Now let me tell you, Ladies and Gentlemen, coming from the east side of DuPage County there is concern, there is concern on the part of some of the bankers in our area about what their viability will be with multi-bank holding companies able to move out, particularly the large downtown banks in Chicago, move out into those ..the adjacent regions and 77 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 dramatically change, at least in some of their judgments, the banking conditions in this state. So very simply, Ladies and Gentlemen, in closing my initial remarks, let me say that my Amendment simply says that multi-bank holding companies will be limited to operating and functioning in a single region. And I would ask for the adoption of Amendment #1 to House Bill 666."
"Any discussion on Amendment #1? The Gentleman from Cook, Representative Jaffe."
"Yes. Would the Gentleman yield for a question?"
"He indicates he will."
"Gene..."
"Representative Jaffe. Excuse me."
"I remember in Committee you were all for this concept..."
"Give the Gentleman order please."
"Let me ask you this question..."
"Representative Jaffe, excuse me a second. Let us attempt to clear the center aisle. The Gentleman finds it difficult to talk across people. Representative Koehler, will you please get out of the line Representative Jaffe's questioning? Proceed, Representative."
"Gene, so what you're basically saying is that a bank downtown in the city of Chicago could go into Skokie or could go into Morton Grove or it could go into Glenview, but couldn't come into Elmhurst even though Skokie may be further away from the city of Chicago than some of the areas that you're talking about, the areas in DuPage County."
"Representative Jaffe, as you know from the map that's been developed by the advocates of this Bill, they made the decision that region #1 would be all of Cook County."
"Well, that's correct, yes. But the answer to my question 78 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 then would be yes. I mean what you're really worried about is now all of a sudden you're worried about those little banks in DuPage County, but you're really not worried about the banks in Cook County, in the suburban areas, which in fact may be..."
"Excuse me, Representative Jaffe. Representatives Findley and Ackerman, will you...will we please not try and stand in front of someone who is speaking? It makes it difficult for both the speaker and the person attempting to answer. Thank you. Proceed."
"I really don't want to belabor this point, but basically what you're doing is you're protecting DuPage County. You're saying, 'Well, we think that it's great for suburban Cook County, which may have little banks further away from downtown Chicago than DuPage County. But none the less (sic, nevertheless) we're not going to worry about them because they're in one district'. But what we're really doing is protecting DuPage County."
"That is not necessarily correct, Representative, because this Bill would also prohibit a bank from my district coming into Skokie or going into Elk Grove or going into Elgin. We are trying to develop the 'hedge-amony', if you will, of each of the regions."
"Well, I don't think we're really worried about the First National Bank of Elmhurst or anything else as a matter of fact. What we're talking about is the big banks in the downtown area of the city of Chicago and I don't want to belabor the point any further, but I think basically what you're saying is this is an Amendment for DuPage County. But as far as suburban Cook County goes, well you guys can just, you know, fall off the end of the world. I think that's what you're really doing."
"Well, each of us is entitled to our own opinion and I 79 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 would like to think that my interest was broader than that, Representative."
"Well, I doubt it."
"Further discussion? Representative Birkinbine."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise to oppose this Amendment. I suspect that all of you by now over the last few years have seen the map of what the proposed multi-bank holding company would allow for various regions in the state. The Chicago immediate area is one such region. The six collar county area is another region. A third region goes everywhere from Rockford all the way down to Peoria and into Adams County and then there are two southern regions. The... An earlier comment by Mr. Jaffe was a bit off in that with the Amendment adopted by.... the Amendment sponsored, DuPage County banks could indeed go into Elgin, could indeed go into Joliet because they are in the same region. If we were to look at this proposed map for banks and say that it applies to companies such as Sears and Roebuck, Montgomery Ward, virtually any other business you can imagine, and say, "We're going to restrict companies in that line of business so that they can only expand into the region next to theirs', every person on this floor would rise up and say, 'That's ridiculous'. Not only is it unnecessarily restrictive, but the people in these other counties are not going to get the benefit of competition and people always benefit from competition. The Bill, House Bill 666 is restrictive enough as it is. To adopt this Amendment would take it even farther and the ultimate loser would be the consumer. I recommend that you all vote against this Amendment. Thank you."
"Representative Leinenweber."
"Well, thank you, Mr. Speaker. I, too, rise in 80 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 strong opposition to this Amendment which applies directly contrary to the philosophy of the Bill. The Bill vas drafted with some care and has been around for quite a few years with Representative McPike carrying the ball on it. And this Amendment would greatly restrict the flexibility that modern banks need. If you take a look at the map that Representative Hoffman has on his desk, you will find that DuPage County banks can indeed come down and go into Will County and Will County could probably go up into DuPage County. But Will County couldn't go anywhere west of its county lines. Now this again is contrary to the philosophy of the Bill which is to encourage more money being available to more people at lower costs. This is, as Representative Birkinbine pointed out, if ve try to do anything like this with any other business except banks, ve would be laughed right out of these chambers. I don't think we should do it here. Let's put the Bill on Third Reading in the form that it vas introduced and the form that vill do optimum good to the health of the State of Illinois and then perhaps, if some of the people still oppose the Bill, they can vote against it." Speaker Peters: rs: "Representative Bullock, on Amendment #1."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I stand in opposition to Amendment #1 for many of the reasons enunciated by Representatives Leinenveber and Birkinbine. Moreover Amendment #1, if it vere to be adopted, and I certainly hope that it isn't, would in effect kill this Bill because this Amendment is, in effect, trying to perpetuate the system that ve've deemed imperfect with House Bill 666. Certainly the esteemed Sponsor of this Amendment understands that no other commerce or industry in the State of Illinois is restricted to a certain geographic area notwithstanding his definition of 81 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 'hedge-amony' which I don't think has any place in this economic debate. I think that in effect what my good friend, Representative Hoffman, is attempting to do here is to straddle Representative McPike's fine Bill with an innocuous Amendment that he knows is certainly illegal and unconstitutional and does no service to the concept of modern banking in Illinois. I think he'd best serve the wishes of this Body if he withdrew his Amendment and allowed Representative McPike to move the Bill to Third SO we can give it an affirmative vote. I urge you to vote 'no' on Amendment #1."
"Representative Piel, on Amendment #1."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'd like to clear up something in a couple of people's minds before we...before I address the Amendment. The other day we were going through the Bills and we vere approaching 666 and Representative Hoffman happened not to be on the floor at the time. And a couple of Sponsors previous to this Bill had stated that they wanted to table Amendments and through a matter of course each Amendment was tabled. I happened to mention to Mr. McPike at that time, I said, 'Jim', I said, 'Why don't you go ahead with 666? If Representative Hoffman is not here go ahead and table the Amendment'. At that time he said, 'No'. He said, 'I don't agree with the Amendment, but I will definitely give the Sponsor of the Amendment his day in court'. So it's not a situation as some of you who are anti-Jim McPike personally. It's a situation where he is more than willing to go along with the Amendment even though he opposes the Amendment. I believe that the supporters of this Bill in the past have gone from a statewide holding company down to regions and they have been more than willing to break it down to regions so the 82 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 downstate banks aren't gobbled up by the Chicago banks, so they say. This Amendment even makes it more restrictive. Personally, I think that it's a situation to help a certain bank in the Sponsor of the Amendment's area. And SO I would ask at this time to look at the total Bill and go with the Bill the way it is and to oppose Amendment #1 to House Bill 666."
"The Gentleman from Wayne, Representative Robbins, on Amendment #1."
"Mr. Speaker and Ladies and Gentlemen of the House, I rise in support of Amendment #1. I... Someone needs to stand in support of the little old man and the little old lady that lives in our area that feels like that they have a right to borrow money without having to pay 100% interest. Go across the state line from Illinois to Missouri, if you like multi-bank holding companies so well. If you think this is what you want to live with, see what it has cost them. Go to the State of Arkansas where they have multi-bank holding companies, where they charge 10% interest when you were paying 5% for money. Do away with your country banks. I think that that's a good idea if you don't want business to be able to operate. If you are interested in the working man, it's time to think. We have moved Bills out of here to take the ceilings off so they can charge you 100% interest in one year if they want to. Now then you are moving across to the point that we're going to have one big bank holding company or two big bank holding companies and I'd like to be able to live in an area where a businessman, an individual, can borrow below the prime rate because they have...instead of thinking that you will have to borrow from a bank holding company, which will charge you 3% above prime. It's time for you to wake up. It's time for the ostriches to pull their heads out of 83 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 the sand and see what's going on in the outside world. Apparently none of you have ever had to borrow money like I have, to live. Now, I appreciate the bank and being able to know the banker. I've done business with some of your bigger companies. I've borrowed money from insurance companies. I know what this bank holding company Bill does. I take the Globe Democrat. I read what it has done to their banking system. It's time for you to take a look at what you're about to do and this Amendment helps slow it down a little. We should vote for this Amendment."
"Representative Brummer on Amendment #1."
"I move the previous question."
"You have heard the question. All those in favor will signify by saying 'aye'; opposed? The Motion is adopted. The question is, 'Shall Amendment #......Representative Hoffman to close."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I think there's a number of things that need to be said about some of the comments that were made in opposition to this. No one would seriously after they have thought about it in my judgment compare a bank with Sears and Roebuck. If you're going to talk about a retail merchandiser and treat money like you treat socks or overalls, you are at best naive. You can't make those kinds of comparisons. Now to have someone stand up on this floor of the House and say that this Amendment is illegal and unconstitutional is one thing. But to call it obnoxious is another. Now, how far will we go? How far will we go in this House? To stand up and say that the current state of the law is illegal and unconstitutional. I'm shocked. I'm shocked that anyone on this floor of the House could make that kind of statement. And Clyde is absolutely right as he frequently is. This is for the 84 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 little people. This is a little people Bill. There's no question about it. And it's time for you all to get your heads out of the sand and to stand up and vote for the best interests of your constituents. If you think this Bill in its present condition without this Amendment is in the best interests of your constituents, you haven't heard from them. And whereas in the past I accused the Representative from Quincy of over-representing his people, I would say to the rest of you who would oppose this Amendment that you are under-representing your people. They deserve your vote on this Amendment. And so do I."
"The question is, 'Shall Amendment #1 be adopted?' All those in favor will signify by voting 'aye'; those opposed by voting 'nay'. Mr. Clerk? To explain his vote, one minute, Representative Schuneman."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, make no mistake about it, this is branch banking in Illinois. This is the first step in branch banking. Representative Hoffman is absolutely right. If we're going to have branch banking let's at least do it in steps. Let's not include areas in a region. For example, as I understand it, a bank in Springfield could branch into any part of Illinois south of Springfield. Now that's a pretty wide area. I think this Amendment deserves support and I think we should all be voting green."
"Representative Neff to explain his vote. One minute."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. In explaining my vote, this is a good Amendment. This makes a Bill that the people will appreciate. This isn't a bankers Bill, but it's a people's Bill... Amendment. And I would hope that we'd all give it support. I'm a little surprised to see as many red lights up here on an 85 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 Amendment here that's for the people of the State of Illinois."
"To explain his vote, Representative Huskey. One minute."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, yesterday you removed the usury rate. Today you're going to... Your red vote up there is saying, 'Okay, we have moved...removed the usury rate and now we're going to put the banking in the hands of the State of Illinois of a very few people'. We will not have any choice to bargain for interest rates anywhere. If we're going to remove the usury rate which you did yesterday, and now you're removing the independent banker in your neighborhood from the scene, and that's what you're doing...you're bringing these big banks from the city of Chicago to control your bank, to control your interest rates. They're going to forget about the poor little farmer that needs his money to plant his wheat. They're going to forget about the poor little businessman that needs his money to buy inventory to sell. They're going to forget all these things. Your red vote... (Timer)"
"Representative Dwight Friedrich to explain his vote. One minute."
"Mr. Speaker, Members of the House, if you want to turn banking in Illinois over to the Rockerfeller's and the international bankers then the proper vote on this Amendment is red. Be sure and vote red if you want the New York bankers to control all the little banks up and down the State of Illinois. Now if you want your bank run by the people who live in that community and are interested in the people of that community and know the people and want to help them in your neighborhoods, and that's true even of the city of Chicago, you'd better leave it in the hands of 86 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 the people that own them and have unit banks that are really concerned about the people in their neighborhoods and in their town. The biggest farce there is is that the little banks can't take care of the people in their community. And I can tell you that we have never had a request for a loan in Centralia that we couldn't handle with our local banking institutions. If this thing passes without the Amendment, I can assure you it's the end of unit banking in the State of Illinois."
"To explain her vote, Representative Zwick."
"Thank you, Mr. Speaker. As a freshman Legislator, having never voted on this issue before, I've had very mixed emotions. But I think you should all know that I'm voting 'yes' on this Amendment because with this Amendment on the Bill I think I can support it. And I think that there are other people in this House who may feel the same way. So that if you really do want branch banking to pass, I would recommend a 'yes' vote. Thank you."
"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 48 voting 'aye', 90 voting 'nay'. And the Amendment is lost. Any further Amendments, Mr. Clerk?"
"Floor Amendment #2, McPike, amends House Bill..."
"Amendment #2, Representative McPike."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, Amendment #2 is technical in nature. It changes a reference which says, 'Section 2' to read, 'Section 2 and 3.01'. It's merely a technical Amendment. I would move for its adoption."
"Any discussion? Question is, 'Shall Amendment #2 be adopted?' All those in favor will signify by saying 'aye'; those opposed? In the opinion of the Chair the 87 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 'ayes' have it and Amendment #2 is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 672, Representative Schuneman. House Bill 672, Representative Schuneman. Out of the record. House Bill 676, Representative Henry. Gentlemen, time is going by on these Amendments. There are being called and the Chair then is getting messages to call them back and other people are going to get disturbed, quite justifiably I think. Out of the record. House Bill 680, Representative Braun? Representative Braun? Out of the record. House Bill 730. Shut off Representative Braun's light. House Bill 730, Representative Pierce. Read the Bill, Mr. Clerk."
"House Bill 730, a Bill for an Act to amend the Illinois Income Tax Act, Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Fiscal note filed?"
"Fiscal note has not been filed."
"The Bill will remain on Second Reading. House Bill 731, Representative Robbins. Out of the record. House Bill 744, Representative Stearney. 744, Representative. Read the Bill. Two Amendments. Read the Bill, Mr. Clerk."
"House Bill 744, a Bill for an Act to amend the Regulatory Agency Sunset Act, Second Reading of the Bill. Amendment #1 was adopted in Committee and Amendment #2 was withdrawn."
"Any Motions with respect to Amendment #2, #1?"
"No Motions filed."
"Any Amendments from the floor?" 88 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"No further Amendments."
"Third Reading. What's May 7, 1981 your pleasure, on Representative? The Bill will remain on Third Reading, Second Reading. House Bill 797, Representative Stanley. Out of the record. House Bill 808, Representative Darrow. Read the Bill, Mr. Clerk."
"House Bill 808, a Bill for an Act to amend the Illinois Vehicle Code."
"Representative, the Floor Amendment has not been printed. He have to take it out of the record. House Bill 829, Representative Stanley. out of the record. House Bill 834. Shut off Representative Darrow's light. House Bill 834, Representative Kelly. 834, Representative."
"House Bill."
"Read the Bill, Mr. Clerk."
"834, a..."
"Floor Amendment not printed. Take it out of the record. House Bill 837, Representative Oblinger. Out of the record. House Bill 845, Representative Grossi. Out of the record. House Bill 857, Representative Redmond. Out of the record. House Bill 886, Representative O'Brien. Out of the record. House Bill 898, Representative Piel. Out of the record. House Bill 900, Representative Vinson. Out of the record. House Bill 913, Representative Giorgi. 913, out of the record. Representative Leverenz has returned. Let us go back to House Bill 490, Representative Kane. Representative Kane, House Bill 490. Read the Bill, Mr. Clerk."
"House Bill 490, a Bill for an Act in relationship to collective bargaining for firefighters, Second Reading of the Bill. Amendments #1, 3, and 4 were adopted in Committee."
"Any Motions filed in regard to Amendments #1, 3, 89 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day and 4?"
"No Motions filed."
"Any Amendments from the floor?"
"Floor Amendment #5." May 7, 1981
"Representative Leverenz, Amendment #5."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #5 essentially would provide that the Bill would then read 'firefighters and police' and I would entertain any questions from the floor and move for the adoption of Amendment #5."
"Is there any discussion on Amendment #5. Representative Birkinbine."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Certainly."
"Representative Leverenz, is this Amendment the same as the Bill that you introduced into the House Labor and Commerce Committee that was heard in the Subcommittee?"
"This is not totally like the Bill that was introduced in the Subcommittee. That's correct."
"I'm sorry, I couldn't hear you."
"I said it is not totally like the Bill that was introduced in the Subcommittee."
"But it's virtually identical to that? Similar?"
"Yes, Sir."
"Would acheive the same thing."
"It would achieve the same as set forth for the firefighters. It would provide it also for the police. That's correct."
"I see. What was the result of the Subcommittee and subsequently the full Committee in considering your Bill?"
"The only thing I know about was in the Subcommittee it received a partisan vote and failed and it got held in the Subcommittee. I wasn't notified when it was so rudely run 90 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 without notification of the Sponsor to the full Committee and did not provide me with an opportunity to be there."
"But the Bill did have full, a full hearing in Subcommittee, did it not, with witnesses?"
"Yes, Sir."
"Well, Mr. Speaker, if I could speak to the Bill itself."
"Proceed."
"This concept is simply public employee collective bargaining for a certain group of individuals within the state. Now while this may have a very good sound and while it may well include a clause that says, thou shalt not strike, if you're covered by this, the history throughout this country in every single state that has adopted public employee collective bargaining be it for a limited group of firefighters or firemen or teachers or what have you in virtually every single state that has adopted this kind of situation or condition of employment has resulted in strikes upon strikes where there has never been strikes before. When you adopt a situation of public employee collective bargaining you are changing the relationship that presently exists. And this is the Amendment that the individual wishes us to adopt. And I suggest to you that in neighboring Michigan, in California, in literally every single state where this kind of public employee collective bargaining be it for firemen, policemen, teachers, what have you. Wherever it has been adopted with or without a no strike clause, strikes have followed. Indeed, in Michigan where there were less than a dozen strikes in the seven years prior to adopting a collective bargaining ordinance within a couple years or after there were literally hundreds of strikes. On top of this, you are taking away from our locally elected officials the right to 91 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 deal with the people they are elected to deal with. When you and I go out and elect a Mayor, when we hire someone to appoint a village manager, one of the jobs that these people have is to deal and set working conditions with their local firemen, their local policemen, what have you. By adopting this Amendment we would be taking away that part of the job that local officials rightly have. I encourage you to vote against this. It's been said in the past that those who do not learn from history are doomed to repeat it. Well, the history of this kind of employment, public employee collective bargaining, is at best bizarre, totally negative. I encourage everybody here to vote this down or we will rue the day. In face the Mayor of Chicago herself realizes that when she first suggested this during her election campaign that while it may have gotten her a few votes it's a bad idea which is why we still do not have a collective bargaining ordinance in Chicago and I suspect never shall see one in spite of what she said during her campaign. It's a bad idea and I recommend everyone vote against it."
"Representative Kane, Amendment #5."
"Mr. Speaker, Ladies and Gentlemen of the House, as a Sponsor of this Amendment I made a commitment to the Committee that voted this Bill out of the floor that I would resist Amendments that added other units for collective bargaining and therefore, I would ask for a 'no' vote on this Amendment."
"Representative Schuneman on Amendment #5."
"Well, thank you, Mr. Speaker. And we appreciate the indication from the Sponsor of the Bill that he also opposes this Amendment because it was with that understanding that this Bill was allowed to be voted out on the floor of the House. I think the Chairman of the 92 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 Subcommittee which heard the hearings on this Bill, Representative Birkinbine, has made some excellent points. I simply want to point out to you that the arguments of those people who say that collective bargaining legislation would somehow solve labor unrests but those arguments are simply untrue. If you look at those states which have adopted laws of this kind you find that they have some of the greatest labor problems, some of the greatest labor unrests anywhere in the country. And I would remind you that in one city, and the name escapes me right now, this year where they had the policemen, the firemen, and I believe it was the garbage workers all on strike at the same time and I submit to you that the spectre of that sort of thing happening here in Illinois is going to be allowed to come closer to the truth if we adopt Amendments like this one. I urge a vote against the Amendment."
"Representative Hudson, on Amendment #5."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Representative Birkinbine is eminently right in what he has previously said. I might add this, that it seems to me that this Amendment, compulsory bargaining in the public sectors, strikes at the very heart of the sovereignty of our government. If we believe as Representative Birkinbine has said that elected officials are elected by the people and with that election entrusted with certain responsibilities over budgets and other things then we are in effect trading away by Amendments of this kind our right, the right of local officials to run their own affairs and to carry out the mandates that they had when they were elected and the mandates that they were given to the people that they represent. This is a bargaining away of rights given to public officials by the electorate. It is wrong in principal. It needs to be 93 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 carefully examined. He have no business doing this. The only conceivable reason for taking a step in this direction would be the more orderly flow and conduct of the people's business. But this will not result in that. It will result in strikes. It will result in disruption and it will result in giving away those rights, those responsibilities that our people are elected to carry out and transfer those rights and responsibilities to an exclusive bargaining agent. Calling in a union and making that union whatever it may be by selection, making that union a co-equal partner, if you will, in the bargaining process with government itself. This situation cannot exist and have an orderly flow of governmental processes for the benefit of the people. It is a proposition that needs to be carefully examined. It's dangerous. It should not be and I urge defeat of this Amendment."
"Any further discussion? There being none, Representative Leverenz to close."
"Thank you, Mr. Speaker. Part of which the Gentleman that spoke quite eloquently right before me, 180 degrees out, this does provide for a orderly way of coming about to settlement instead of prolonging the agonies between units of local government and police as we've seen all over. And simply to clarify the question of a chairman of a Subcommittee that met in a small room and heard this and provided a nice Roll Call that was bipartisan, I would submit that unfortunately when it came before the full Committee it got a fast shuffle and a declaration of defeat in the full Committee. And I might remind the Chairman of the Committee that to bring other states activities or to talk about things that the Amendment does not provide for I would not think is such a good idea to bring on the House floor. But certainly the Speaker of the House was correct, 94 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 the Speaker of the House was correct when he went to Committee to show his support for collective bargaining for employees of local governments. When it came to the firefighters this would provide for the same equal treatment for police and for those who fear the big words of collective bargaining and the rattling of sabers. It's very simple, what we're doing with the Amendment, is providing a rules of the road to come to a amicable decision and solution when disputes arise. I would remind the Gentleman that previously spoke and cited problems because of strikes, this provides that there cannot be a strike. It provides for limitations. The limitations provide that a Representative of the local government and a Representative from the local collective bargaining group sit down with a third party acceptable to both at the local level to work out a local solution. And that the only thing here is equal treatment and it's unfortunate that I didn't arrive so that the Speaker of the House could show his support for essentially what was part of House Bill 320. I would move for the adoption of the Amendment, Mr. Speaker."
"The question is, shall Amendment #5 to House Bill 490 be adopted? All those in favor will signify by saying 'aye', those opposed. The Gentleman asks for a Roll Call. All those in favor will signify by voting 'aye', those opposed by voting 'nay'. Mr. Clerk. For what purpose does the Gentleman from Cook, Mr. Birkinbine, seek?"
"Point of personal privilege, Mr. Speaker."
"Proceed."
"The last speaker made reference to what seemed like a small, cozy meeting and what sounded like a fast gavel of the full Committee on the House Labor and Commerce 95 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 Committee. I wish to remind him that the Subcommittee met on his Bill taking witnesses and Sponsor testimony for a full 45 minutes and when the Subcommittee report was heard before the full Committee every single member of that Committee, both Republican and Democrat alike, had the chance to vote pro or con on that Bill. Thank you."
"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 38 voting 'aye', 81 voting 'no' and Amendment #5 is lost. Further Amendments?"
"Floor Amendment #6, Kane."
"Amendment #6, Representative Kane."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment #6 adds some clarifying language to the arbitrations section of this Bill and what it does is say that the arbitration panel cannot go beyond the provisions of the Act and also can only decide disputed issues that are brought to the arbitration panel. I think that this is clarifying language and that it strengthens the Bill and I would ask for the adoption of Amendment #6."
"Any discussion on Amendment #6. If not, the question is, shall Amendment #6 be adopted. Those in favor will signify by saying 'aye', opposed. The opinion of the chair, opinion of the chair the 'ayes' have it. Further Amendments?"
"Floor Amendment #7, Kane, amends House Bill 490 on page five and so forth."
"Representative Kane, Amendment #7."
"Mr. Speaker and Ladies and Gentlemen of the House, Amendment #7 also deals with the arbitration section in the Bill. There is binding arbitration and what this does is add a clause which says that the decision by the arbitration panel is enforceable in the Circuit Court. And 96 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 under three provisions that the arbitration panel has either exceeded its authority, that the order was not supported by confident material for substantial evidence or three, that the order was procured by fraud. I would urge the adoption of Amendment #7."
"The Gentleman moves for the adoption of Amendment #7. Any discussion? If not, the question is, shall Amendment #7 to House Bill 490 be adopted? All those in favor will signify by saying 'aye, those opposed. The opinion of the chair the 'ayes' and Amendment #7 is adopted. Further Amendments?"
"Floor Amendment #8, Kane, amends House Bill 490 on ..."
"Representative Kane, on Amendment #8."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment #8 puts in standard exemption language to take the this particular Act out from under the State Mandates Act. What the reason for this is that if the total cost can be passed on to the state that no unit of local government is going to bargain in any kind of good faith. What this says is that the decisions made by the unit of local government should be paid for by the unit of local government. It's kind of standard language that has been inserted in other Bills and I would urge the adoption of Amendment #8."
"Any discussion on Amendment #8? Representative Tuerk. Tuerk."
"Mr. Speaker and Members of the House, in Committee when this Bill was heard we were successful in taking this part of the Bill out of the Bill. In other words what the Sponsor of the Amendment is attempting to do is exempt this Bill from the State's Mandate Act and the expense incurred on local governmental units due to the mandated Act. Now we passed the mandated Act which said in effect if you 97 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 people at the state level mandate anything, the local government, thou shalt send the money along to implement the Act. Now I say if we down here in our ivory tower want to pass a law which mandates collective bargaining for any public sector, then I say the state ought to bear the expense and I think this Amendment ought to be defeated because of that reason."
"The Gentleman from Whiteside, Representative Schuneman, on Amendment #8."
"Thank you, Mr. Speaker. I rise in opposition to the Gentleman's Amendment. When Representative Kane presented his Bill to our Committee he also brought along a fiscal note and that fiscal note indicates that the annual cost to the state of reimbursements to local governments required as a result of this Bill could be substantial. But no data, they say, is available on which to base a reliable estimate. This fiscal note, as I understand it, was prepared by the Department of Commerce and Community Affairs so in effect, what Representatives Kane, Representative Kane's Bill would do without this Amendment is to require that the state pay these additional costs. What Representative Kane, by means of this Amendment, is trying to do is guarantee that the local government shall pay these costs. So, in effect, I think adoption of Representative Kane's Amendment would require an increase in local taxes to pay for the costs of such mandates on local governments and I urge that we defeat the Amendment."
"Any further discussion? There being no further discussion, Representative Kane, to close."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, in reply to the statements made by people on the other side of the aisle, I would say categorically that there are no expenses to local government mandated by this Act. What 98 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 this Act would do is say that the local unit of local government has to go through certain processes in order to reach an agreement with its own employees. The present Department of Commerce and Community Affairs is biased against the provision that there be collective bargaining by, and they're saying that simply because you have collective bargaining that there are going to be increased costs. Well, that's basically hogwash. What this Amendment says is that whatever the decision that is made by the local government officials, whatever they agree to that they cannot pass those costs back over on to the state. It says that if the unit of local government is going to come to an agreement, is going to bargain in good faith, then that unit of local government will pay for it. I think that this is a reasonable Amendment and it says that local government officials will live by what they decide and that they cannot just simply pass on costs to the state. I would urge the adoption of Amendment #8."
"The Gentleman has moved the adoption of Amendment #8. Those in favor will signify.. Roll Call is requested. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. Mr. Clerk. Representative Hautino, would you come to the Speaker rostrum, please? Representative Birkinbine, to explain his vote. One minute."
"Thank you, Mr. Speaker. To explain my vote that the last argument we heard was fallacious. The Sponsor would indicate that he's simply expecting local governments to pay for solutions or agreements that they have agreed to and yet an Amendment that was adopted just a minute ago adopted binding arbitration for such units of local government involved in collective bargaining so you might have somebody coming from outside who doesn't even live in 99 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 the state, settling an agreement. Local governments would therefore be forced to pay that. I suggest to you this is a bad idea. One of the few good things that we did in this last Session of Legislature was to adopt the State Mandates Act and we're starting to turn that around and remove the aspect of responsibility that we showed last time. I recommend against this. This will just be the first of many steps to peel back the State Mandates Act. And this is particularly onerous."
"Representative Leverenz, to explain his vote. One minute."
"Thank you. I stand to speak in favor of the Amendment and certainly the fiscal note or whatever came from the Department of Commerce and Community Affairs, uses inflammatory words like 'substantial costs' when in fact they can't really nail down what would actually be any cost that the local people that serve on that Arbitration Board. It may be the employee of the village, the village manager, they're already being paid already. The Representative from the unit that is bargaining is already being paid already. Substantially they're voluntary and if there's some typing costs involved that's the only one I can think of. We're not talking about bringing in arbitrators from out of state or anything and we had a long conversation with the Department of Community Affairs, Commerce and Community Affairs and they really didn't have a substantial..."
"Representative Wikoff, to explain his vote. One minute. Representative Wikoff, one minute."
"Thank you, Mr. Speaker. This is a bad Amendment. I urge a few more 'no' votes up there. There's been a lot of misconception about binding arbitration. I'm a member of the American Panel of Arbitrators and I'll tell you one 100 STATE OP ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 thing, that they're looking for a middle ground and they are not normally, very seldom a member of the community whenever arbitration is made. And they could care less what the total dollars are because they're looking for a solution somewhere in between. This is a bad Amendment. If it's good enough for the state to put it on the state ought to have to pay for it."
"Representative Robbins, to explain his vote. One minute."
"I'm really proud to vote on this Amendment on this Bill. This way, if it helps show the people at home that we want to sock it to them again."
"Have all voted who wish? Representative Tuerk, to explain his vote. One minute."
"NO I can't explain my vote. I spoke in debate but if this passes, I want to verify 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... Think about it Representative Kane. There are 72 voting 'aye, 78 voting 'nay'. Does the distinguished Gentleman from Sangamon seek recognition? Representative Kane."
"I would ask for a poll of the absentees."
"The Gentleman asks for a poll of the absentees. Proceed, Mr. Clerk. What purpose does the Gentleman from Champaign, Representative Hikoff, seek recognition?"
"Announce the results."
"It's 72 voting 'aye, 78 voting 'no'. The Amendment is lost. The Gentleman asks for a poll of the absentees. I'm sure we'll have a verification."
"Poll of the absentees. Abramson. Bianco. Bluthardt. Breslin."
"Representative Breslin votes 'aye'." 101 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"Donovan."
"Representative Donovan votes 'aye'."
"Flinn. Giglio. Jackson. Katz. Laurino. Leon. Margalus. McAuliffe. McBroom. McCourt. Peters. Redmond. Slape. E. G. Steele. C. M. Stiehl. Telcser. Vinson. J. J. Wolf. and Mr. Speaker."
"For what purpose does the Gentleman from Rock Island seek recognition, Representative Darrow."
"Mr. Speaker, how am I recorded?"
"How is the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"Please vote me 'no'."
"Change the Gentleman from 'aye' to 'no'. Representative McAuliffe. Representative McAuliffe wishes to be recorded as voting 'no'. Any further... Representative Smith." Smith, Irv: "I'd like to change my vote."
"Representative Irv Smith, how's the Gentleman recorded?"
"The Gentleman is recorded as voting 'no'."
"The Gentleman wishes to be changed from 'no' to 'aye'. Any further changes? What's the count, Mr. Clerk? Representative Leon. Representative Leon wishes to be voted 'aye'. Representative Zito."
"Yes, Mr. Speaker, I'd like to know how I voted."
"How is the Gentleman voted?"
"The Gentleman is recorded as voting 'aye'."
"There was a problem with my switch and I wanted to verify that. Thank you."
"Thank you. Representative Vitek."
"Oh, Jesus. I'm a little stiff, Mr. Speaker and my eyesight is a little bad. How am I recorded?"
"How is the Gentleman record?" 102 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981
"The Gentleman is recorded as voting 'aye'."
"Thank you."
"Representative Giglio. Representative Giglio wishes to be recorded as voting 'aye'. Representative Ronan. How's the Gentleman recorded?"
"The Gentleman is recorded as voting 'no'."
"Change the Gentleman from 'no' to 'aye'. Representative Keane wishes to be recorded as voting 'no'. How? Yes, I'm sorry your light is out here that's.."
"I wish to be recorded from 'no', change my vote from 'no' to 'aye'."
"From 'no' to 'aye' on Representative Keane. Representative, Representative Madigan wishes to be changed from 'no' to 'aye'. Representative Beatty from 'no' to 'aye'. Any further changes? Representative Cullerton from 'no' to 'aye'. Representative Rea from 'no' to 'aye'. No, I'm sorry. Representative Rhem from 'no' to 'aye'. Representative Peters, 'no'. What's the tally, Mr. Clerk? 82 voting 'aye', 74 voting 'no'. Representative Getty. Representative Getty from 'no' to 'aye'. Representative Katz wishes to be recorded as voting 'aye'. We'll get you all. Just a second. Representative Stearney. Representative Bianco are you seeking recognition? Representative Bianco wishes to be recorded as voting 'no'. Representative Telcser wishes to be recorded as voting 'no'. Representative Turner."
"Thank you, Mr. Speaker. I'd like to change my vote to 'aye' on that."
"Wishes to change from 'no' to 'aye'. Do we have them all, Mr. Clerk?"
"Yes."
"Representative Polk."
"While the Clerk is making the tally, Sir, if it was within 103 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 the limits in the constrictions of our rules, I would like to introduce a guest that we have from Indiana here today. Betty Rendell, who is the President of the National Federation of the Republican Women from Indiana is our guest in the upper gallery. If she would stand to be recognized we would appreciate it very much."
"Before any announcement on the vote, this handbag has been out, has been out at the elevator for some period of time. So if someone... Representative. We have found the owner. Have all voted who wish, now? Representative Meyer, were you seeking recognition? Roland Meyer. I'm not sure whether the waving is to the Chair or to the balcony. Representative Oblinger, 'aye'. No, okay. What's the count, Mr. Clerk?"
"85 voting 'aye', 74 voting 'no'."
"There are 85 voting 'aye', 74 voting 'no'. Representative Tuerk, what is your pleasure?"
"I think we'll go ahead with the verification."
"The Gentleman requests a verification of the affirmative vote. Proceed, Mr. Clerk."
"Poll of the affirmative. Alexander. Balanoff. Barnes. Bartulis. Beatty. Bowman. Bradley. Braun."
"Excuse me. Representative Tuerk, Representative Beatty asks leave to be verified. Leave. Proceed, Mr. Clerk."
"Breslin. Brummer. Bullock. Capparelli. Carey. Catania. Chapman. Christensen. Cullerton. Currie. DiPrima. Domico. Donovan. Doyle. John Dunn. Ewell. Getty. Giglio. Giorgi. Greiman. Hanahan. Hannig. Henry. Jaffe."
"Excuse me, Mr. Clerk. Representative Tuerk, Representatives Capparelli and Jaffe ask to be verified. Leave. Proceed." 104 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Kane. Katz. Keane. Kelly (?). May 7, 1981 Kornowicz. Kosinski. Krska. Kucharski. Kulas. Lechowicz. Leon. Leverenz. Levin. Madigan. Matijevich. Mautino. McClain. McGrew. McPike. Mulcahey. Murphy. Oblinger. O'Brien. O'Connell. Ozella. Pechous. Pierce. Preston. Rea. Reilly. Rhem. Richmond. Ronan. Saltzman. Sandquist. Satterthwaite. Schneider. Schraeder. Irv Smith. Margaret Smith. Stearney. Steczo. Stuffle. Terzich. Turner. Van Duyne. Vitek. White. Winchester. Sam Holf. Younge. Yourell. and Zito. Concludes the poll of the affirmative."
"Representative Tuerk. Gentlemen and Ladies will please be in their seats."
"Alexander."
"Representative Alexander. Is the Lady in the chamber? How is she recorded?"
"The Lady is recorded as voting 'aye'."
"Remove her from the Roll."
"Satterthwaite."
"Representative Satterthwaite is in her seat."
"Bartulis."
"Representative Bartulis. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Bradley."
"Representative Bradley. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Chapman."
"I'm sorry."
"Chapman." 105 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981
"Representative Chapman is in her seat."
"Domico."
"Representative Domico. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Giorgi."
"Representative Giorgi. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"He's on the sight."
"I see him. Hanahan."
"Representative Hanahan. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll. Representative Winchester."
"Mr. Speaker, could I have leave to be verified, too?"
"Does the Gentleman have leave, Representative Tuerk?"
"Reluctantly, yes."
"Reluctantly, yes, Representative Winchester. Proceed, Representative Tuerk."
"Katz."
"I'm sorry."
"Katz."
"Representative Katz. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Kornowicz."
"Representative Kornowicz is in his seat. 106 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Representative Lechowicz is also here."
"Who?"
"Lechowicz."
"Krska." May 7, 1981
"Representative Krska. How is the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Leon."
"Representative Leon. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Madigan."
"Representative Madigan. I'm sure he'll return. He's in his office, Representative Tuerk. Do you persist?"
"Sure."
"Representative Madigan. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll. Here he is."
"McClain."
"Just a ...I ... Representative Madigan has returned. Representative Leon has returned. Restore him to the Roll. Representative Katz has returned. Restore him to the Roll. Representative Getty be verified? Alright, just a second though. Representative McClain."
"I had called his name."
"He's here. Representative Winchester, for what purpose do you arise?"
"I'm sorry, Mr. Speaker. I want to apologize to the members. I'm recorded as voting 'aye'. I meant to be recorded as voting 'no'. I'd like to have my vote changed 107 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day from 'aye' to 'no' and then be verified."
"That would be fine." May 7, 1981
"The Gentleman wishes to be changed from 'aye' to 'no'. There's no verification yet of the negative, Representative. So that in the event that there is. Representative Slape wishes to be recorded as voting 'aye'. Representative Vinson wishes to be recorded as voting 'no'. Representative Ryan wishes to be recorded as voting 'no'. Representative Jane Barnes wishes to be recorded as voting 'no'. Representative McBroom wishes to be recorded as voting 'no'. Representative Abramson wishes to be recorded as voting 'no'. Representative Jake Wolf, J. J. Wolf wishes to be recorded as voting 'no'. Representative Stearney wishes to be recorded as voting 'no'. Representative Bradley wishes to know how he is recorded."
"The Gentleman has been removed."
"The Gentleman wishes to be recorded as voting 'aye'. Representative Emil Jones wishes to be recorded as voting 'aye'. Are we up to date, Mr. Clerk?"
"Yes."
"Continue with the verification, Representative Tuerk."
"McGrew."
"Representative McGrew. The Gentleman is here."
"O'Brien."
"Representative O'Brien. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Take the Gentleman off the Roll. Representative Preston, for what purpose do you rise?"
"Mr. Speaker, I'd ask leave to be verified."
"Does the Gentleman have leave, Representative Tuerk? Leave." 108 36th Legislative Day
"Ronan." STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE Speaker Peters: "Representative Ronan is in his seat."
"Richmond." May 7, 1981
"Representative Richmond is in his seat."
"Zito."
"Representative Zito. He's in the rear."
"Yourell."
"Representative Yourell. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Ewell."
"Representative Ewell. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Stearney."
"Representative Stearney. He's in the chamber."
"Keane. Did we verify him."
"Representative Keane. He's here in the front."
"I have no further questions."
"Representative Turner, do you seek recognition?"
"Yes, Mr. Speaker, I'd like to be recorded 'aye' on this."
"How is the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"You're recorded as voting 'aye', Representative Turner."
"One further question, I'm sorry."
"Representative Tuerk."
"Sandquist."
"Representative Sandquist. Is the Gentleman in the chamber? How is he recorded?" 109 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
May 7, 1981 "The Gentleman's recorded as voting 'aye'."
"Remove him from the Roll. Any further questions, Representative Tuerk."
"I have no further."
"No further questions. What is the count, Mr. Clerk? On this question there are 76 voting 'aye', 82 voting 'no'. Representative Stuffle. Representative Stuffle requests a verification of the negative vote. Proceed, Mr. Clerk."
"Poll of the negative."
"Ladies and Gentlemen, let us try to do this as expeditiously as we can. If the Gentleman from Coles can see us all in our seats hopefully we'll get this over with much more quickly. Proceed, Mr. Clerk."
"Poll of the negative. Abramson. Ackerman. Alstat. Barkhausen. Barnes. Bell. Bianco. Birkinbine. Boucek. Bower. Collins. Conti. Daniels. Darrow. Davis. Deuchler. Deuster. Jack Dunn. Ralph Dunn. Ebbesen. Epton. Ewing. Farley. Fawell. Findley. Virginia Frederick. Dwight Friedrich. Griffin. Grossi. Hallock. Hallstrom. Hastert. Hoffman. Hoxsey. Hudson. Buff. Huskey. Karpiel. Jim Kelley. Klemm. Kociolko. Koehler. Kustra. Leinenweber. Macdonald. Martire. Hays. McAuliffe. McBroom. McCourt. McMaster. Ted Meyer. Roland Neyer. Miller. Neff. Nelson. Peters. Piel. Polk. Pouncey. Pullen. Reed. Rigney. Robbins. Ropp. Schuneman. Stanley. Stearney. Stewart. Swanstrom. Tate. Telcser. Topinka. Tuerk. Vinson. Watson. Wikoff. Winchester. J. J. Wolf. Woodyard. Zwick and Mr. Speaker."
"The Gentleman from Cook, Representative Pouncey."
"Mr. Speaker, may I change my vote to 'aye, please?" 110 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"The Gentleman wishes to be changed from 'no' to 'aye'. Representative Stuffle, proceed with the verification."
"What is our starting point, Mr. Speaker?"
"Mr. Clerk, what is the count? 77 'aye', 81 'no'. Proceed, Representative Stuffle."
"Representative Stanley."
"Representative Stanley. Is the Gentleman in the chamber? He's in the rear."
"Representative McCormick."
"Representative McCormick is in the rear."
"Representative Macdonald."
"Representative Macdonald is in her seat."
"Representative Meyer, Ted Meyer."
"Representative Ted Heyer is in his seat."
"Representative Deuster."
"Representative Deuster. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman's recorded as voting "no"."
"Remove him from the Roll."
"Representative Ebbesen."
"Representative Ebbesen. He's in his seat."
"Representative Pullen."
"Representative Pullen is in her seat."
"Representative Hoxsey."
"Representative Hoxsey. Is the Lady in the chamber? How is she recorded?"
"The Lady is recorded as voting "no"."
"Remove her from the Roll."
"Representative Topinka."
"Representative Topinka is in her seat.”
"Representative Doug Huff."
"Representative Doug Huff. Is the Gentleman in 111 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'no'."
"Remove him from the Roll. May 7, 1981 Representative Deuster has returned. Restore him to the Roll."
"Representative Findley."
"He's in the chamber."
"Representative Woodyard."
"Representative Woodyard is in his seat."
"Representative Conti."
"Representative Conti. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'no'."
"Remove him from the Roll. Restore Representative Hoxsey to the Roll."
"Representative Polk."
"Representative Polk. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'no'."
"Remove him from the Roll."
"Representative Ralph Dunn."
"Representative Ralph Dunn is in the rear. Representative Polk has returned. Restore him to the Roll."
"Representative C. M. Stiehl."
"Representative Stiehl. C. M. Stiehl. Is the Lady in the chamber? How is she recorded?"
"The Lady is not recorded as voting."
"The Lady is not recorded as voting."
"Representative Piel."
"I'm sorry, Representative who?"
"Representative Piel."
"Representative Piel. Is the Gentleman in the chamber? How is he recorded?" 112 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 36th Legislative Day
"The Gentleman is recorded as voting 'no'."
"Remove him from the Roll."
"Representative Bell."
"Representative Bell is in his seat. Representative Stanley, we did not remove Representative Stanley. Representative Bell is in his seat."
"Representative Bower."
"Representative Bower is in the chamber."
"Representative Griffin."
"Representative Griffin is in his seat."
"Representative Hallock," Speaker Peters: s: "Representative Hallock is in the front."
"Representative Neff."
"Representative Neff. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'no'."
"Remove him from the Roll." 'Stuffle: "Representative Hoffman."
Speaker Peters: "Representative Gene Hoffman. Is the Gentleman in the chamber?"
"He's here."
"Is Representative Hoffman in the chamber? Yes he is in the center aisle."
"Representative Beatty."
"Representative Beatty is recorded as voting 'aye'."
"Oh, he switched his vote. Thank you."
"Representative Piel has returned to the chamber. Restore him to the Roll. Representative Piel. Just a minute. Proceed, Representative Stuffle."
"Representative Darrow."
"Representative Darrow. Is the Gentleman in the chamber? Yes he is, in the rear." 113 STATE OF ILLINOIS 82ND GENERAL ASSENBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 36th Legislative Day
"Representative Stewart."
"Representative Stewart. Is the Lady in the chamber? How is the Lady recorded?"
"The Lady is recorded as voting 'no'."
"Remove her from the Roll."
"Representative Farley."
"Representative Farley. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'no'."
"Remove him from the Roll."
"What's our count?"
"You've removed five."
"Representative McAuliffe."
"Representative McAuliffe. Representative McAuliffe in the chamber? How is the Gentleman recorded?"
"The Gentleman's recorded as voting 'no'."
"Remove him from the Roll. Representative Neff has returned. Restore him to the Roll."
"Mr. Speaker."
"Representative Stuffle."
"Yes, might I inquire if Representative Sandquist and Brummer were returned to the Roll?"
"Representative Sandquist. How is the Gentleman recorded?"
"Representative Sandquist has been removed."
"Representative Sandquist, what's your pleasure?"
"Mr. Speaker, will you vote me 'no', please."
"The Gentleman wishes to be recorded as voting 'no'. Any further questions?"
"Was Brummer returned to the Roll?"
"How is Representative Brummer recorded, Mr. Clerk?"
"Representative Brummer is recorded as voting 'aye' 114 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE and has never been removed."
"Any further questions? May 7, 1981 What's the count, Mr. Clerk? The vote is 77 voting 'aye', 79 voting 'no' and the Amendment is lost. Further Amendments?"
"Amendment #9, Ronan, amends House Bill 490..."
"Amendment #9, Representative Ronan."
"Thank you, Mr. Speaker. This is a very simple Amendment. I know everyone's going to support it. All it does is exempt Chicago from the legislation."
"Any question on the Amend... discussion on the Amendment? The Gentleman from Whiteside, Representative Schuneman."
"I'm not sure this is a fair question, Mr. Speaker, but I'm wondering how the Gentleman's going to vote on the Bill. Would you mind responding to that, Representative?"
"The Gentleman indicates...."
"Do you want to exempt Chicago?"
"Representative Ronan."
"Representative Schuneman, I will be voting on the Bill when it gets to Third Reading."
"You'll be voting your conscience, Representative?"
"As I always vote my conscience. You know that Representative Schuneman."
"Yes, thank you."
"Is there any further discussion on the ...what's the number, Tony? Amendment #9. There being none, the question is, shall Amendment #9 be adopted? All those in favor will signify by saying 'aye', all those opposed by saying 'nay'. The opinion of the chair the 'nos' have it and the Amendment's... Roll Call is requested. 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? Take the record, 115 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 Mr. Clerk. On this question there are 69 voting 'aye', 80 voting 'no' and the Amendment is lost. Further Amendments?"
"Floor Amendment #10, Mautino."
"Amendment #10, Representative Mautino."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #10 was the original House Bill 338 that was heard in the Subcommittee of the Labor and Commerce Committee. It had a full hearing in response to an anticipated question by the Subcommittee Chairman but I'd like to explain to you why I decided then to encompass this Amendment and attempt to put it on House Bill 490. This legislation is collective bargaining for the Department of Law Enforcement. Under the current provision what we do in the General Assembly is this: By virtue of Executive Order #6 from approximately 1976 the Department of Law Enforcement does not have a procedure for grievances, working conditions and salaries. Basically what we do in the General Assembly is, by virtue of an Amendment, usually to the Department's budget, submit financial line items for increases for the sworn personnel. This legislation allows for a Board to discuss, decide and there is a no strike clause in this provision for all grievances in the Department of Law Enforcement. Basically, the main portion of this Amendment is that no other organization other than that organization that would represent the Law Enforcement offices of the State of Illinois could collectively bargain under this provision. You could not have, for example, the Teamsters or the iron workers or the steel workers being a collective bargaining agent for the Department of Law Enforcement. What is important in this legislation in my mind is that this General Assembly have the opportunity to make those votes 116 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 concerning collective bargaining. The Governor of this state in Trooper Magazine, said that he supports collective bargaining for the Department of Law Enforcement. I'm giving this General Assembly and the Governor, hopefully, the opportunity to make good on that particular promise. We have before us with this Amendment to 490 two philosophical questions that this General Assembly must adopt. We have a Bill that's on the floor sponsored by Representative Hudson on the right to work. This legislation is a philosophical piece that allows for collective bargaining for a state agency. It is my hope that the General Assembly will vote on these questions independently and include Amendment #10 into House Bill 490. I'd be happy to answer any questions on legislation."
"Representative Kane, on Amendment #10."
"Mr. Speaker, Ladies and Gentlemen of the House, in the hearing before the House Committee on Labor and Commerce the Sponsors of this Bill made a commitment to restrict the scope of this Bill to collective bargaining for fire fighters and therefore, I'd ask for a 'no' vote on this Amendment."
"Representative Birkinbine, on Amendment #10."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill like the Bill, the first Bill, the first Amendment we heard offered to this was also heard in the Subcommittee as the Sponsor has indicated. It received a full hearing. It was voted down. That recommendation then went to the full Committee on House Committee on Labor and Commerce. That subsequently agreed to that. I would suggest to you a scenario that a colonel of the Illinois State Police painted for us when he spoke against this Bill. There are instances where you might have a labor dispute involving law enforcement personnel at the local 117 STATE OF ILLINOIS 82ND GENERAL ASSENBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 level. The Governor frequently has had to call upon state police to intervene to maintain law and order in such cases. If you have a unionized local police force who have a picket line set up and you've already allowed the state police to become unionized and they are faced with a picket (cut off)"
"I'm sorry, Representative. Proceed, Representative Birkinbine."
"Thank you. If you have a unionized local police force and you've allowed the state police to unionize also, you are putting them in the position of having to cross a picketline to fulfill their obligation of maintaining law and order. It's an untenable situation. Such bargaining power as they are asking for is not needed. There is a waiting list of literally hundreds of people who would like to be Illinois State Policemen. I suggest to you that this Amendment like the first should be voted down. Thank you."
"Thank you, Representative Birkinbine, for calling attention to the fact that the arguments made on Amendment #5 are basically the same as on this Amendment. Hopefully, those who are seeking to speak will take that into consideration. Representative Zwick, on Amendment #10."
"Thank you. I'm afraid I don't have a copy of the Amendment. Am I the only one or have they been distributed?"
"They've been distributed."
"They have them. Okay, may I acquire a copy?"
"Representative Nautino, for what do you seek recognition?"
"In response to Representative Zwick statement. If she'd like to see the Amendment and the analysis in a Bill it's House Bill 338 made into this Amendment." 118 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"You're so kind, Representative. Representative Schuneman, on the Bill."
"Mr. Speaker, I move the previous question."
"Representative Schuneman moves the previous question. The question is, shall the main question be put? Those in favor will signify by saying 'aye', those opposed 'nay'. The 'ayes' have it. Representative Mautino, to close."
"Thank you Mr. Speaker and Ladies and Gentlemen. This is a philosophical question. I've heard many members on both sides of this aisle for many years say that they believe in collective bargaining and they probably would support legislation for the state police, for example, in fact there was a no strike clause and there was an organization unit that represented the state police that was not affiliated with any other organized group. I think I've addressed that with this Amendment and I'm giving everyone the opportunity to vote on that specific question just as we will be voting on the alternative which is the right to work. I offer it to you. I did have a fair hearing. I was not notified when it went back to the original Committee but I do think this is a question that should be decided here on the floor. It is not new legislation. It has been introduced for the last three Legislatures that I know of. I ask for a favorable Roll Call. Thank you."
"The question is, shall Amendment #10 be adopted to House Bill 490. The Gentleman has requested a Roll Call, Mr. Clerk. All those is favor will signify by voting 'aye', all opposed by voting 'nay'. 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 48 voting 'aye', 74 voting 'no' and 119 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 the Amendment is defeated. Add Representatives Darrow, Giorgi, and Capparelli voting 'aye'. Any further Amendments?"
"No further Amendments."
"Third Reading. God Bless. Representative Mautino, did you want something?"
"I had my hand raised, Mr. Speaker. I won't pursue it but I did want the, since there were 51 absentees, I wanted to poll the absentees before the announcement of that a vote was given but I'll withdraw that."
"Page eight. House Bill 918, Representative DiPrima. Read the Bill, Mr. Clerk. Out of the record. House Bill 929, Representative Terzich. Read the Bill, Mr. Clerk."
"House Bill 929, a Bill for an Act setting forth certain rights which are to be guaranteed to firemen, Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendments from the floor?"
"Floor Amendment #2, Terzich, amends House 929..."
"Representative Terzich, Amendment #2."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment #2 is a firemen's Bill of Rights which is similar to the policemen's Bill of Rights and what Amendment #2 strikes out the part whereby the names of the complainants and the witnesses... the Amendment excludes them from the Bill the same as the police Bill and I move for its adoption."
"Any discussion on Amendment #2? Representative Bullock."
"Yes, Mr. Speaker, I was wondering if the Sponsor would 120 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE yield to a question."
"He indicates he will." May 7, 1981
"Representative Terzich, I may have misunderstood you. Correct me if I'm wrong. Did you say that this Amendment codifies what was called House Bill 57 dealing with police Bill of Rights and this applies to firemen and that one of the provisions of 57 which this Bill eliminates is that section relating to the disclosure of the name of the plaintiff?"
"That's correct on the initial investigation. When it, if it's continued further then they would be testifying but what it does is that if the charges are brought that you would have to notify the first of who filed the complaint against you, which this will eliminate it from the Bill."
"Now, maybe I'm a bit confused here so let's take this a little slower now. On one of those Amendments which I offered and Representative Preston and Fawell and others supported, we felt that in an administrative proceeding that the plaintiff's name need not be disclosed until such time that actual charges were finalized and that an individual had been placed under arrest."
"That is correct. That's what the Bill will do."
"Now are you saying... and this Amendment no way changes that?"
"That's correct."
"Thank you."
"This is only prior to, you know, the investigation."
"Thank you."
"Any further discussion? There being none, the question is, shall Amendment #2 to House Bill 929 be adopted? Those in favor will signify by saying 'aye', opposed.. The opinion of the chair the ayes have it. Any further Amendments?" 121 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"No further Amendments."
"Third Reading. House Bill 970, Representative Nelson. Out of the record. House Bill 977, Representative White. Out of the... Representative White. Read the Bill, Mr. Clerk. Is this a germaneness question again?"
"Well, I think the problem has been resolved. Yesterday there was opposition on the part of Representatives Schneider and Vinson. I've spoken with them and the problem has been resolved."
"Is Representative Vinson here? Representative Vinson. On 977. The chair is not of a mind to get involved in a fight on germaneness on Amendments. Has that been resolved?"
"Mr. Speaker, I'm sorry I didn't quite hear your question."
"Consideration is on House Bill 977. The chair was given to understand yesterday that there was the question involving germaneness of an Amendment to this Bill. The chair indicates that it is not of a mind to go into that at this point unless it has been resolved. Has it?"
"The chair makes those decisions. Whatever you want to do."
"Well, the chair is not of a mind to recognize Representative Vinson if he is going to question the germaneness of the Amendment."
"Well, the chair makes that decision, Mr. Speaker."
"Then the chair has made it. Proceed, Representative White."
"Okay, yesterday..."
"Read the Bill, Mr. Clerk."
"House Bill 977, a Bill for an Act to authorize financial assistance to promote cultural and racial 122 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 integration of students within school districts, Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #1?"
"No Motions filed."
"Any Amendments from the floor?"
"Floor Amendment #2, White, amends House Bill 977..."
"Amendment #2, Representative White."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment #2 does one thing and one thing only and that is change the suffix from undertaken, from undertakes to undertaken. That's all it does."
"Any discussion on Amendment #2. There being none, the question is, shall Amendment #2 be adopted? All those in favor will signify by saying 'aye', those opposed. The opinion of the chair, the 'ayes' have it. Amendment #2 is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 978, Representative Sandquist. Read the Bill, Mr. Clerk."
"House Bill 978, a Bill for an Act in relation to weather modification, Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions, any Motions with respect to Amendment #1?"
"A Motion to table Amendment #1 to House Bill 978 by Representative Barbara Lynn Currie."
"Representative Currie."
"Thank you, Mr. Speaker. Amendment #1 was a technical ..."
"Representative Currie."
"Yes." 123 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 36th Legislative Day
"I'm sorry. Go ahead."
"Yes, I move to table Amendment #1, the Committee Amendment. That was a technical Amendment but it would be made imperative if Amendment #2 which I propose to offer on the floor is adopted."
"Representative Currie moves to table Committee Amendment #1. Is there objection? Is there discussion? Representative Brummer."
"DO we have the correct number up there? Is this a weather modification Bill?"
"Representative Brummer, no question. Representative Currie moves to, moves that Amendment #1 be tabled. There.. all those in favor will signify by saying 'aye', opposed. Amendment #1 is tabled. Further Amendments?"
"Floor Amendment #2, Currie."
"Floor Amendment #2, Representative Currie."
"Thank you, Mr. Speaker. Amendment #2 would retain control of the weather modification program in the State of Illinois in the Water Survey Division of the Institute of Natural Resources. That's where the technical capacities to operate that program exists. In fact, for the last eight years, the director of our water survey has been head of the National Weather Modification Board and in fact, Illinois enjoys a strong national reputation with respect to our technical capabilities in this area. I think that particularly, as we are likely to see, increased promotion of weather modification activities in rural Illinois areas, it's important to make sure that the control of the program is held in the hands of a state agency disinterested in the outcome and I would urge adoption of the Amendment."
"Any discussion? The Gentleman from Effingham, Representative Brummer." 124 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Yes, will the Sponsor yield?"
"He indicates he will." May 7, 1981
"Does this eliminate the Department of Agriculture from the regulatory provisions?"
"Pardon me."
"Does this eliminate the Department of Agriculture from the Bill?"
"Yes it does."
"Is that with the support of the Department of Agriculture that they're being eliminated from the Bill?"
"I have not heard from the Department of Agriculture whether it has a position on this issue. I think the Sunset Committee acted hastily when it decided to put this program within the Department of Agriculture. In fact, the program has been operated through the Water Survey Division of the Institute of Natural Resources ever since its inception."
"Well, House Amendment #1 provided for cooperation, cooperative effort between the Department of Agriculture and the Institute. Your provisions in Amendment #2 totally eliminate the Department of Agriculture?"
"That's right. On the grounds that INR has a technical capability, Agriculture does not. In order, in fact, to put this program in the Department of Agriculture we would need to delay its implementation date by at least a year and again given that there is likely to be promotional activities taken on by the Department of Agriculture in this area there is a serious question as to whether that the appropriate place to put the regulatory program."
"Further questions, Representative Brummer? The chair recognizes Representative Ropp."
"Yes, Mr. Chairman and Members of the House, Representative Brummer. The reason that there was a separation here is as 125 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 you may have heard before. The Department of Agriculture was to be the issuing state agency but there was a feeling that because of the need of the Department of Agriculture getting involved in maybe promotion or in doing some supportive work in this area that would be better to have another agency like the Illinois Water Survey be the one who would issue the permits and the Department of Agriculture then would not have a major conflict of interests. So that's why the separation is being offered by Representative Currie in this Amendment."
"Representative Sandquist."
"Yes, Mr. Speaker, I believe that Representative Currie and Representative Ropp have answered this. That it is with the agreement of the Department of Agriculture and as chief Sponsor I agree with this Amendment."
"Further discussion? There being none, Representative Currie to close."
"Thank you, Mr. Speaker. I would ask for adoption of Amendment #2."
"The Lady moves for adoption of Amendment #2 to House Bill 978. All those in favor will signify by saying 'aye', those opposed. The opinion of the chair, the 'ayes' have it and the Amendment is adopted. Further Amendments?"
"Floor Amendment #3, Friedrich, amends House Bill 978 on page one..."
"Amendment #3, Representative Friedrich. Representative Darrow, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. I've questioned the germaneness of Amendment #3. It deals with a different subject matter."
"Representative Sandquist, for what purpose do you seek recognition?" 126 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"I believe he's going to withdraw this Amendment so I don't think that's necessary."
"Representative Friedrich."
"Yes, I agree with Representative Sandquist. Bithdraw the Amendment."
"Representative Friedrich withdraws Amendment #3. Any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 987, Representative McClain. Out of the record. House Bill 998, Representative Bartulis. 998, out of the record? Out of the record. House Bill 1023, Representative Tuerk. Read the Bill, Mr. Clerk."
"House Bill 1023, a Bill for an Act to amend the Unemployment Insurance Act, Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions with respect to Amendment #12"
"No Motions filed."
"Any Amendments from the floor?"
"Floor Amendment #2, Hannig, amends..."
"Amendment #2, Representative Hannig. Hannig. Representative Hannig."
"Thank you, Mr. Speaker. I would withdraw Amendment #2."
"Representative Hannig withdraws Amendment #2. Further Amendments?"
"Floor Amendment #3, Hannig."
"Representative Hannig, Amendment #3."
"Yes, thank you, Mr. Speaker and Members of the House. Amendment #322 is an attempt to help small business. Under the present Unemployment Compensation laws the small businesses in our state along with our big businesses are given an experience rate based on the unemployment. But regardless of that rate no business in the State of 127 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 Illinois is charged more than 3% on the first $40,000 of unemployment benefits per quarter. Now this Bill does two things to change that. It increases the $40,000 per quarter payment to $60,000 per quarter as the amount of wages that would qualify for the reduced rates. And the second provision of the Bill is that for small businesses it would reduce from 3% the rate to 1%. This Amendment, if incorporated into the law, could save a small business up to $6,400 in unemployment costs per year. Now I believe that small businesses are the real backbone of our industrial base and I believe this Amendment would be, would go a long way in addressing the problems of a small business. I would move for the adoption of Amendment #3." "Any discussion? Representative Tuerk."
Tuerk: Illinois economy. In addition, business is the backbone. a "Well, Mr. Speaker and Members of the House, I too believe that small business is the backbone of the State of I also believe that big Now, I have no concern about giving small business a break and this certainly does. But in time when the Trust Fund is at such bad levels and we're in debts so deeply I can't see any point in adopting this Amendment for the reaction that the reduction of the Trust Fund which is now bankrupt. It gives them too much of a break and actually gives them no incentive to fight a claim because they don't have to pay anymore. Frankly, think it's an unfair Amendment. I think the concept is unfair and they can lay people off as long or as long as they don't have the big payroll and not have to pay anything. NOW the small businessman doesn't have the responsibility under the provisions of this Amendment to control either employment or unemployment. I I would say under the current situation of the Trust Fund being in such bad shape that we can't afford to give the small business 128 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 this break and penalize big business to the extent that they will have to pick up the additional tab and let the small businessman off the hook entirely. I would suggest you defeat the Amendment."
"Representative Schuneman."
"Question of the Sponsor, Mr. Speaker."
"He indicates he'll respond."
"Representative, you indicated that your Amendment would be of assistance to small business in Illinois. Do you know how many businesses there are in Illinois and what percentage would be assisted by this Bill?"
"I believe that about 80% of the businesses in our state would be affected by this legislation."
"About 80% of the businesses in the State of Illinois. I tend to think that your figure is just about right and Mr. Speaker, I'd like to address the Bill. What the Sponsor of this Amendment is attempting to do is to remove from the experience rating of the Unemployment Compensation Fund about 80% of all the businesses that are doing business in the State of Illinois. Now I suggest to you that with an Unemployment Compensation Trust Fund that is broke now to the tune of about $1,500,000,000 and in which by June of 1982 will be $2,000,000,000 in debt, that certainly this is no time to withdraw revenues into that fund. It may be a great idea but it's something we simply can't afford to do. I have seen on the floor of this House some printouts that are attributed to the Bureau of Employment Security that would indicate that this Amendment would somehow have a plus effect on the Unemployment Compensation Trust Fund. You might be interested in knowing that since that information was put out we've been in touch with the Bureau of Employment Security who now tells us that they are sorry but there was an error in 129 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 coming up with those figures and that their figures are false. So I think that this Amendment should definitely be defeated."
"Representative McAuliffe."
"Mr. Speaker I move the previous question."
"The question is shall the motion be put. All of those in favor will signify by saying 'aye', opposed. The 'ayes' have it. The question now is, shall Amendment #3 to House Bill 1023 be adopted? Roll call vote. All those in favor will signify by voting 'aye' those opposed by voting 'nay', Mr. Clerk. Representative Bradley to explain his vote."
"Thank you Mr. Speaker and Ladies and Gentlemen of the House. Yes, to explain my yes vote and make a few comments in regards to the previous speakers on the issue. Number one is that small businesses generally do not have the claims made that would delete the funds from the funds as Representative Tuerk suggested. The incentive would not be there for the small businessman to fight the unemployment um..um.. the person coming in and applying for the unemployment benefits. That dosen't happen in small businesses because most small businesses don't lay off people. They stay, they're paying the unemployment taxes but they don't have anybody coming in filing against it. The big businesses are the ones that close down for 30 or 60 days or 6 months that are deleting the fund and costing us so much money. So I urge an 'aye' vote. This is a good piece of....."
"Representative Brummer to explain his vote, one minute."
"Yes this is a very important Amendment for small businesses. Anyone who cares about the small businessmen in their community and their District ought to be voting 130 STATE OF ILLINOIS 82ND GENERA RAL ASSEMBLY HOU OUSE OF REPR RESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 'aye'. With regard to this the 40,000 dollar cap has been changes result to inflation. This raises it to 60,000 dollars, decreases the rate with regard to the small businessmen who provide a large number of jobs to the constituents of the State of Illinois and I would urge more 'aye' votes."
"Representative McPike to explain his vote, one minute.
"This Amendment came from the small business task force area that we have across the State of Illinois last year. The small businessman and woman ask us to assist them on unemployment insurance payments. This lowers the rate from 2.7% to 1% It's the only way that we could find that we could assist the small businessman, and what we mean by small business in this case is someone that has less than 20 employees. That's a pretty small business. It's a local drugstore, it's a local machine works, it's a local sign company. It's a small businessman in a small town that's all over Southern Illinois, Central and Northern Illinois. We're going to help those people. You want to vote for the small businessman then vote 'yes', if you don't it's a very simple Amendment, vote against it."
"Representative Klemm to explain his vote."
"Yes thank you Mr. Speaker and Ladies and Gentlemen. You know I happen to be a small businessman and I think part of the responsibilities of a small businessman is also to share in the costs of it's unemployment and what you're really doing is trying to shift from that responsibility from a 2.7 to a 1%, and I think it's really totally unfair and I think really the small businessman and the large businessman have a share, they have responsibilities, and to allow somebody to be less responsive by laying off people and in this case in trying to shift that burden to a 131 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 large company is totally unfair. Secondly, it would take a company twice the size of a small business that you're talking about to give relief to and even their return could not replenish the loss of what a small company would have to pay. So what you're really trying to do I think, is though I know the intent is quite admirable to help the small business people and I commend you for it, I don't believe this is really ......."
"Put Representative Klemm back on to finish his sentence."
".... and I think this is not the approach that you intend and therefore I vote 'no'."
"Representative Schuneman to explain his vote. One minute, timer's on."
"I've spoken today Mr. Speaker. I'm merely rising to ask that we have a verification of vote if this vote holds up. There are a lot of empty chairs over there that have been voted."
"Alright, Representative Robbins to explain his vote."
"I have this same Amendment on House Bill 731. I have asked to have a rather detailed analysis prepared for me. I believe that if this Amendment will be called on House Bill 731 Monday which will allow a little more time to go through the actual cost and what it's going to be. I believe that we have a responsibility to the small businessman. I believe we should try to reduce their unemployment insurance, but I believe we need to know exactly what we're doing because they have already admitted that the figures that they give us on the cost of this and what it will amount to, are in error. So this Amendment will be offered again Monday on House Bill 731."
"Representative Mautino to explain his vote." 132 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
May 7, 1981 "Thank you Mr. Speaker. A quick bit of history on this particular provision. This is not new for you new Members in the House. In 1978 the small business person was raised from 1/10th of 1% to that 2.7 level and there was a hue in cry by the small business people in the State of Illinois that since they had no experience factor, had not laid anybody off, it was unfair. This is the response to those cries from the small business people. We are now putting them back in the same posture which they should have been, reducing their unemployment compensation payments to the trust fund if in fact they had no unemployment. We're doing what we have to do as responsible citizens. Four years ago we increased their rate 900%, from 1/10th of 1% up to the minimum of 1%. We're putting them back where they belong now and I suggest all......"
"Any further discussion? Have all voted who wish? Have all voted who wish? Mr. Clerk take the record. On this question there are 90 voting 'aye' and 70 voting 'no'. Representative Schuneman, Representative Schuneman do you wish a verification? Representative Hanning asks a poll of the absentees. Poll the absentees Mr. Clerk."
"Poll of the absentees: Abramson, Barnes, Bartulis, Bluthardt, Ralph Dunn, Dwight Friedrich."
"Representative Friedrich, Representative Friedrich wishes to be recorded as voting 'no'."
"...Garmisa, Johnson, Laurino, Nargalus, McBroom, Polk, Redmond, Reilly, C. M. Stiehl, Telcser, no further."
"The vote is 90 voting 'aye', 71 voting 'no'. Representative Stanley wishes to change from 'aye' to 'no'. Any further changes before we proceed with the verification? Proceed, Mr. Clerk, with the verification of the affirmative vote."
"Alexander, Balanoff, Beatty, Bianco, Bowman, 133 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 Bradley, Braun, Breslin, Brummer, Bullock, Capparelli, Carey, Catania, Chapman, Christensen, Cullerton, Currie, Darrow, DiPrima, Domico, Donovan, Doyle, John F. Dunn, Ewell, Farley, Flinn, Getty, Giglio, Giorgi, Greiman, Hanahan, Hannig, Henry, Huff, Jackson, Jaffe, Jones, Kane, Katz, Keane, Dick Kelly, Kornowicz, Kosinski, Krska, Kucharski, Kulas, Lechowicz, Leon, Leverenz, Levin, Madigan, Matijevich, Mautino, McClain, McGrew, NcPike, Mulcahey, Murphy, O'Brien, O'Connell, Ozella, Pechous, Pierce, Pouncey, Preston, Rea, Rhem, Richmond, Ronan, Saltsman, Sandquist, Satterthwaite, Schneider, Schraeder, Slape, Margaret Smith, Steczo, Stewart, Stuffle, Terzich, Turner, Van Duyne, Vitek, White, Sam Wolf, Younge, Yourell, Zito, Zwick, no further."
"Representative McBroom wishes to be recorded as voting 'no'. Representative Ralph Dunn wishes to be recorded as voting 'no'. What is the count Mr. Clerk?"
"89 'ayes' and 74 'nos'."
"The starting count is 89 'yes' 74 'nos'. The Members please be in their seats and give the Gentleman their attention please. Representative Schuneman proceed with the verification. Representative Schuneman with the verification of the vote. Has the Gentleman withdrawn his intention to verify this vote? Proceed."
"Well and Mr. Schuneman had other duties apparently so I will take over. Alexander."
"Representative Alexander. Is the Lady in the Chamber? How is she recorded?"
"The Lady is recorded as voting 'aye'."
"Remove her from the........"
"Jones, excuse me, Jones."
"Representative Jones. Is the Gentleman in the Chamber? How is he recorded?" 134 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Pouncey."
"Representative Pouncey is in his seat."
"Breslin."
"Representative Breslin."
"She's here."
"Breslin's here. Return Representative Jones."
"Katz."
"Representative Katz. How is the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"Take him from the Roll."
"Richmond."
"Representative Richmond is in his seat."
"Capparelli."
"Representative Capparelli is in his seat."
"Keane."
"Representative Keane is in his seat."
"Ronan."
"Representative Ronan, Representative Ronan is in his seat. Return Representative Katz. Representative Ronan is in the Chamber, Return Representative Katz. To this point we have removed one member, Representative Alexander."
"Satterthwaite."
"Representative Satterthwaite. Is the Lady in the Chamber? How is she recorded?"
"The Lady is recorded as voting 'aye'."
"Remove her from the Roll."
"Krska."
"Representative Krska. Is the Gentleman in the Chamber? How is he recorded?" 135 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Lechowicz."
"Representative Lechowicz. Is the Gentleman in the Chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll. Representative Madigan, and Getty, and Jaffe request to be verified. Representative Tuerk."
"It's okay."
"Representatives Jaffe, Getty, and Madigan are verified. Proceed Representative Tuerk."
"Stewart."
"Representative Stewart. Is the Lady in the Chamber? How is she recorded?"
"The Lady is recorded as voting 'aye'."
"Remove her from the Roll."
"Leon."
"Representative Leon. Is the Gentleman in the Chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll. Representative Lechowicz has returned, restore him to the Roll."
"John Dunn."
"Representative John Dunn is in the front."
"Leverenz."
"Representative Leverenz is in his seat."
"Stuffle."
"Representative Stuffle is in his seat."
"Younge."
"Representative Younge. Is the Lady in the Chamber? How is she recorded?"
"The Lady is recorded as voting 'aye'." 136 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Remove her from the Roll."
"Ewell."
May 7, 1981 "Representative Ewell. Is the Gentleman in the Chamber? Is the Gentleman in the Chamber. How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll. Wait just a second Mr. Clerk. Representative Bartulis wishes to be recorded as voting 'no'. Representative Polk wishes to be recorded as voting 'no'. Representative Telcser wishes to be recorded as voting 'no'. Representative Barnes wishes to be recorded as voting 'no'. Are we even Mr. Clerk?
"Yes."
"Return Representative Leon and Representative Younge to the Roll."
"Farley."
"Just a second. Okay Mr. Clerk."
"Ready."
"Proceed Representative Tuerk."
"Farley."
"Representative Farley. Is the Gentleman in the Chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Yourell."
"Restore, excuse me, restore Representative Satterthwaite to the Roll."
"Yourell."
"Representative Yourell."
"He's down there, I see him. McClain."
"Representative McClain is in his seat."
"Hanahan."
"Representative Hanahan. Is the Gentleman in the 137 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Chamber? How is he recorded?" May 7, 1981
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"O'Brien."
"Representative O'Brien. Is the Gentleman in the Chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye*."
"Remove him from the Roll."
"I believe that's all the questions I have Sir."
"There are 82 voting 'aye", 78 voting 'no'. Representative Johnson wishes to be recorded as voting 'no'. The count is 82 voting 'aye', 79 voting 'no". All voted who wish? On this question there are 82 voting 'aye', 79 voting 'no', and Amendment #3 to House Bill 1023 is adopted. Are there any further Amendments?"
"No further Amendments."
"Third reading. House Bill 1152, Representative oh, I'm sorry Representative. House Bill 1051, Representative Kulas. Read the Bill, Mr. Clerk."
"House Bill 1051, A Bill For An Act to amend Sections of the School Code. Second reading of the Bill. Amendment #1 was adopted in Committee."
"Any motions with respect to Amendment #1."
"No motions filed."
"Any Amendments from the floor?"
"Floor Amendment #2, Kulas - Stuffle - Schneider, amends House Bill 1051 on page 1 line 30 and so forth."
"Amendment #2, Representative Kulas. Give the Gentleman your attention please."
"Yes Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 makes two changes which I had agreed to make in front of the Committee in Elementary and Secondary Education. It changes one word from 'may' to 'shall' and 138 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 adds another sentence whereby limiting the amount of credit that can be received for a foreign language credit to two years and I move for adoption of Amendment #2."
"Any discussion? The Gentleman has moved adoption of Amendment #2 to House Bill 1051, all those in favor will signify by saying 'aye', opposed . The opinion of the chair the 'ayes' have it, Amendment #2 is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1152, Representative Rhemm. Out of the record. House Bill 1155, Representative Vinson. Representative Vinson, 1155, out of the record. House Bill 1158, Representative McPike. Out of the record. House Bill 1177, Representative Hoffman, 1177. Read the Bill, Mr. Clerk."
"House Bill 1177, a Bill for an Act relating to forest preserve districts, Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any motions with respect to Amendment #1?"
"No motions filed."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1178, Representative Hoffman. Read the Bill, Mr. Clerk."
"House Bill 1178, a Bill for an Act to amend Sections of an Act relating to alcoholic liquors, Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1179, Representative Hoffman. Read the Bill, Mr. Clerk."
"House Bill 1179, a Bill for an Act to amend Sections of an Act to provide for forest preserve 139 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day districts, Amendments."
Second Reading of the Bill. Speaker Peters: "Any Amendments from the floor?"
"Floor Amendment #1, Hoffman."
May 7, 1981 No Committee "Representative Hoffman, Amendment #1."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House, Amendment #1 clarifies that mileage expenses for forest preserve districts in counties having a population of less than 300,000 may, or are, to be the same as the amount allowed for members of the county board of such county. Presently, the Bill says 'plus mileage expenses as fixed by the board'. We clarified it to indicate that it could be no more than that which was allowed by for members of the county board of that county. I move for the adoption of Amendment #1."
"Is there any discussion? If not, the question is 'shall Amendment 1 to House Bill 1179 be adopted?' All those in favor will signify by saying 'aye', opposed? The opinion of the Chair the 'ayes have it. Amendment #1 is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1190, Representative Stanley, out of the record. House Bill 1206, finally, Representative Brummer. Read the Bill, Mr. Clerk."
"House Bill 1206, a Bill for an Act concerning employee invention, Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"Floor Amendment #1, Brummer."
"Representative Brummer, Amendment #1."
"Amendment #1 is purely technical. It..there was a typographical error on the original Bill as printed. It printed the word 'of, o-f' and it should have been 'or, 140 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 o-r and this Amendment makes the correction."
"The Gentleman moves adoption of Amendment #1, any discussion? Now the question is, 'shall Amendment #1 to House Bill 1206 be adopted?' All those in favor will signify by saying 'aye'. Opposed? The opinion of the Chair, the 'ayes' have it, Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Representative Macdonald, House Bill 1208. Page nine, Representative Macdonald. It's the Students Freedom of choice Bill. Read the Bill, Mr. Clerk."
"House Bill 1208, a Bill for an Act to protect student's in their freedom of choice to join or refrain from joining labor organizations, Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1221, Representative Terzich, out of the record. House Bill 1225, Representative Stanley, out of the record. House Bill 1232, Representative Bradley. Read the Bill, Mr. Clerk."
"House Bill 1232, a Bill.."
"I'm sorry, Representative Bradley. Representative Bradley."
"Mr. Speaker.."
"Yes?"
"Hould...has the Amendment been printed and distributed? If it has been, I'll go with it. It hasn't been?"
"No, it has not."
"Take it out of the record."
"Take it out of the record. House Bill 1239, Representative Jim Kelley. Read the Bill, Mr. Clerk." 141 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981
"House Bill 1239, a Bill for an Act to amend Sections of an Act concerning fees and salaries, Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1244, Representative Currie. Read the Bill, Mr. Clerk."
"House Bill 1244, a Bill for an Act to amend Sections of the Revenue Act, Second Reading of the Bill, no Committee Amendments."
"Any Amendments from the floor?"
"Amendment #1, Currie."
"Representative Currie, Amendment #1."
"Thank you, Mr. Speaker. House Bill 1244 is a landmark preservation Bill and the effect of Amendment #1 would be to expand the incentive for participation in the landmark program. I move its adoption."
"The Lady has moved adoption of Amendment #1. Is there any discussion? Representative Vinson."
"Would you ask somebody to turn up the microphone or the Lady who normally articulates so well, to speak slightly louder?"
"Representative Currie, there has been a question of your articulation. Would you please repeat your explanation?"
"Thank you, Mr. Speaker. Representative Vinson, this Bill, 1244, is a Bill to encourage historic landmarks, restoration, and preservation. The operation of the Bill is to create tax benefits for those who restore historic properties and the trigger was set in the Bill originally at 40% of the value of the property. In the Committee hearing in Conservation and Natural Resources there was a good deal of concern expressed by the Membership that that 142 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 40% figure was too high. The effect of this Amendment is to reduce the trigger that would make the benefits available to 25% of the market value."
"Representative Vinson."
"Correct? Am I right, will the Lady yield for a question?"
"She indicates she will."
"Well, Representative Currie, am I right in believing that this is a...some kind of revenue give-away program to the people that have highly priced antiques?"
"Actually it is not, the revenues that are affected in this Bill are not state revenues, they are local government revenues. The effect of this legislation if passed would be to reduce the amount of revenue that could be provided to people who own historic landmark buildings. In fact, this Bill as the one that it cleans up has an opt out provision so that local municipalities and so forth do not have to participate in this program if they choose not to do so."
"Is the effect of the Amendment to increase or to cut taxes?"
"The effect of the Amendment is to make more people who are interested in restoration and renovation of their historic landmark designated properties eligible for the tax benefit."
"So it would increase the...it would increase the drain on revenues for local government?"
"To the extent that there are indeed large numbers of people out there who would be eligible at the 25% level but not eligible for the 40."
"I hope you'll join me in supporting the investment tax credit, too."
"Representative Barkhausen on Amendment #1." 143 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981
"Mr. Chairman (sic) and Members of the House, I would simply join Representative Currie in urging all of you to support this Amendment #1. I'm not sure that the Representative pointed out that in order for anybody to qualify for the tax incentives that this Bill makes available, that a structure which is to be restored or rehabilitated has to be listed either on a state or the national register of historic landmarks. So, I don't think there would be tremendous numbers of people that would be in a position to take advantage of this Bill. It simply tightens up a law which I believe the Legislature passed a couple of years ago which froze property taxes if a person simply lived in a historic district and this would...this would restrict it to specific structures on which a substantial amount of work is being done and it would not make this incentive available simply based on an accident of geography, where one happened to live. So, in a sense it tightens up a situation where the Legislature might have gone overboard a couple of years ago and yet at the same time, provide substantial incentives for restoration and rehabilitation of some of our most beautiful buildings in Illinois. I urge the adoption of the Amendment."
"Representative Macdonald."
"Yes, Mr. Speaker, I'd just like to confirm what the other speakers have said. This is a good Amendment, Representative Currie indeed did say that she would put this Amendment on the floor, and I urge your support of her Amendment."
"Representative Nautino."
"Thank you, Mr. Speaker will the Lady yield for a question?"
"She indicates she will."
"Representative Currie, would you give me an example or 144 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 may I make a statement of what we're talking about with this production? If I were to say, the provisions for this Amendment would be, for example the Wrigley Mansion. Would that fall into that category and that 25% fall into that specific situation?"
"If the Wrigley Mansion is designated as a landmark property, it would. But the requirement, if this Amendment goes on the Bill, is that for restoration purposes 25% of the total value of that property must be invested in the restoration enterprise. Restoration does not mean ordinary building maintenance. The point of the Bill is to create an historic landmark preservation incentive, and I think it was appropriate for Representative Barkhausen to point out that what we have right now is a much broader break and a much broader benefit than this Bill will provide. The drain on local government resources in this proposal, is a whole lot less severe that it would be under the legislation that exists in the Statutes right now."
"One final question, Mr. Speaker. Could you possibly give me an example of any existing historic site that would be affected by this particular proposal?"
"As Representative Barkhausen pointed out, any building or district that is listed on either the Illinois Register of Historic Places or the Federal Register of Historic Places. There are neighborhoods in some cities, in some cities in the State, including Galena in Chicago, and I'm sure there are many more as well that have been designated landmark districts. There are also individual properties which are listed on both those two registers...but it's important that it would have to be something which is listed and the restoration and renovation work that would qualify the owner for this tax benefit would have to be certified by the Historic Preservation Officer of the 145 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE Illinois Department of Conservation."
"Does this count the little people?"
"Pardon me?"
"Does this help the little people, is this break for the little people?"
"Absolutely, Representative Mautino."
"Representative Griffin." May 7, 1981 a good tax
"I would like to rise in support of..." Speaker Peters: up close." "Representative Griffin, you will have to hold it
"I rise in support of Representative Currie's Bill, for both the intangible as well tangible benefits that accrued to not only the owner's of such property and their neighbors but to entire communities. In the community I live in, Oak Park, the Frank Lloyd Wright Home and Studio, the place where Frank Lloyd Wright began his career in architecture. The value of that property, assessed at pure real estate value, is something like $70,000 but it sold for 200,000. The property taxes that are realized from the sales of buildings that have been properly restored in the long run, could do a great deal for a community, but more importantly it has impacts on tourism, on trade for local business people and more importantly than anything, on the morale, the sense of place and identity of the entire community. I think unless we start being concerned about our architectural historical landmarks and heritage in a more aggressive, active way, we're going to lose something in the Middle West that we can never regain. I think this Bill addresses both the practical problems that can be answered by the long range increased value to the community economically and the intangible values of a sense of place, identity, pride and educational value to the young people and I'd invite 146 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 anybody here to come to a community like Oak Park or Hyde Park or others where this has been done. So, I think all of us ought to support this Bill enthusiastically. Thank you."
"Representative Ewing on Amendment #1."
"Yes, will the Speaker yield for a question?"
"No he will not. The Sponsor of the Amendment indicates he will."
"Oh, that's who I want to talk to anyway. Representative Currie, what Committee did hear this Bill?"
"Conservation and Natural Resources, Representative Ewing."
"Was there some intentional purposes that you steered it away from the Revenue Committee?"
"No, in fact my hope and my every expectation was that I would be able to bring this Bill to Representative Ewing's fine Revenue Committee for a hearing. No one was more surprised than I to find that in fact it had been assigned to Conservation and Natural Resources. Actually, it was a wonderful Committee. I never appeared before it and I must compliment Representative Macdonald and all the fine members of that Committee, who indeed did at least as nicely for the Bill as Representative Ewing and his people might have done."
"I had some other questions but I don't know if I'll have time for the answers. How does this affect the Bill that we passed a year or two ago, to exempt whole Sections as historic areas or historic structures?"
"The Bill itself severely restricts the benefits of that original proposal, so that only properties in which the owner is putting a substantial investment into historic restoration and renovation would be eligible for the tax benefit at all. The effect of Amendment #1, at which we 147 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 are now looking, would be to reduce slightly the trigger from 40% of the value of the whole property, which is the way the Bill was originally introduced to 25% of the total value of that property. In effect, the Amendment responds a bit to Representative Mautino's concern, by reducing the trigger, in fact it is of greater help to people of...to the little people as it were. However, there's no question that the application of this Bill, 1244, if we adopt it would be to say that the benefits that we so generously bestowed two years ago to some, but not to people who lived across the street, would only be available if in fact, historic restoration and renovation were...were accomplished in substantial amount."
"Would the Lady please limit her remarks to answering the question? Representative Ewing."
"Yes, what are the benefits that you're restricting in the legislation that we passed a year or two ago? Did they have to be on historic structures or could they be on any structures in the area?"
"Yes or no."
"Yes or no. Yes and no. The Bill we passed, no, I didn't answer his question, Mr. Speaker. The Bill we passed two years ago applied only to property, single family residences built before 1939 in districts that were designated as landmark districts, did not apply therefore to individual properties that were listed on the historic register, did not apply to commercial structures or to larger apartment units but only to single family residences, pre-1939 in construction."
"Thank you, I would think that this would be a very good Amendment, and I would support it."
"Further discussion? There being none, the question is, 'shall Amendment...to shall Amendment #1 to 148 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 House Bill 1244 be adopted?' Those in favor signify by saying 'aye. Those opposed? The opinion of the Chair, the 'ayes' have it, Amendment #1 is adopted. Is there any further Amendments?"
"Floor Amendment #2, Barkhausen, amends House Bill 1244.."
"Amendment #2, Representative Barkhausen."
"I'd like to table that, if I could."
"Representative Barkhausen asks leave to table Amendment #2. Leave granted? Withdraw Amendment #2, is there leave? Leave granted. Any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1246, Representative Capparelli. 1246, amends the Illinois Municipal Code. Out of the record. House Bill 1259, Representative Ted Meyer. 1259, Representative Meyer. Read the Bill, Mr. Clerk."
"House Bill 1259, a Bill for an Act to amend the Personnel Code, Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"None."
"Third Reading. House Bill 1264, Representative Braun, I think we're still waiting for that Amendment. House Bill 1268, Representative McAuliffe, out of the record. House Bill 1288, Representative Donovan. 1288, out of the record. House Bill 1296, Representative Ewing, out of the record. House Bill 1298, Representative Terzich, 1-2-9-8, out of the record. House Bill 1302, Representative Bowman, out of the record. House Bill 1317, Representative Daniels, Representative Daniels, House Bill 1317, out of the record. House Bill 1323, Representative Karpiel, out of the record. Time will be running short on some of these, Ladies and Gentlemen. House Bill 1338, 149 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 Representative O'Brien, out of the record. House Bill 1323, Representative Karpiel, read the Bill, Mr. Clerk."
"House Bill 1323, a Bill for an Act relating to alcoholic liquors, Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any motions with respect to Amendment #1?"
"No motions filed."
"Any Amendments from the floor?"
"Floor Amendment #2, Sandquist."
"Representative Sandquist, Amendment #2."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, what Amendment #2 does, it just clarifies the work that we did two years ago in the Section 126 of the Dram Shop Act by saying what the legislative intent was for the language we put in, but it does not in any way change what has to happen."
"Any discussion on Amendment #2? Is it 2? There being none, the question is 'shall Amendment #2 be adopted?' All those in favor will signify by saying 'aye', those opposed? The opinion of the Chair the 'ayes' have it, Amendment #2 is adopted, any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1348, Representative Giorgi. Representative Giorgi, out of the record. House Bill 1350, Representative Robbins. 1350, out of the record. House Bill 1351, Representative Winchester. Read the Bill, Mr. Clerk."
"House Bill 1351, a Bill for an Act to amend the Election Code, Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any motions with respect to Amendment #1?"
"No motions filed."
"Any floor Amendments?" 150 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Clerk O'Brien: 1351..." May 7, 1981 "Floor Amendment #2, Winchester, amends House Bill
"Representative Winchester, Amendment #2."
"Thank you, Mr. Speaker. This is sort of a technical Amendment that Representative Giorgi asked that the State Board of Elections prepare for the Bill. I consented to it, it was prepared by the State Board and I offered it and would move to adopt."
"Any discussion? There being none, the question All is 'shall Amendment #2 to House Bill 1351 be adopted?' those in favor will signify by saying 'aye', those opposed? The opinion of the Chair, the 'aye's have it, Amendment #2 is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1354, Representative Giorgi, out of the record. Mike, Zeke's got about six Bills he ought to move some of them. Well, he's here someplace. Representative Terzich, House Bill 1384. Read the Bill, Mr. Clerk."
"House Bill 1384, a Bill for an Act to amend the Illinois Pension Code, Second Reading of the Bill. NO Committee Amendments."
"Any Amendments from the floor?"
"Floor Amendment #1, Terzich."
"Representative Terzich on Amendment #1. We are on page 11."
"Yes, Amendment #1, Mr. Speaker, Ladies and Gentlemen of the House, there wasn't a provision in the Bill which would set up the transfer for the accumulated interest on contributions and what Amendment #1 does is that upon retirement supplemental annuity shall be granted for persons who qualify earned interest subject to such conditions as may be determined by the Board and I would a 151 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 move for adoption of Amendment #1."
"Any discussion? The question is 'shall Amendment #1 to House Bill 1384 be adopted?' All those in favor will signify by saying 'aye', opposed? The opinion of the Chair the 'ayes have it, Amendment #1 is adopted. Any further Amendments?"
"Floor Amendment #2, Terzich, amends House Bill 1384 on page one, line one."
"Representative Terzich, on Amendment #2."
"Amendment #2 is allowing transfer of credits for state employment of which the participant pays for both the employer and the employee's contribution and I would move for adoption of Amendment #2."
"Any discussion? There being none, the question is 'shall Amendment #2 to House Bill 1384 be adopted?' All those in favor will signify by saying 'aye', opposed? The opinion of the Chair the 'ayes' have it. Amendment #2 is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1393, Representative Brummer. Representative Brummer, read the Bill, Mr. Clerk."
"House Bill 1393, a Bill for an Act relating to public officials and their interest in public contracts, Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"Floor Amendment #1, Brummer."
"Representative Brummer, Amendment #1."
"Yes, I would like to withdraw Amendment #1."
"The Gentleman asks leave to withdraw Amendment #1, is there objection? Amendment #1 is withdrawn. Any further Amendments?"
"Floor Amendment #2, Brummer, amends House 152 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day Bill..." May 7, 1981
"Representative Brummer, Amendment #2."
"Yes, Amendment #2 cleans up various portions of the Bill in which we had inadvertently not included the language concerning officers in municipalities of less than 10,000 population. We have that in most of the Bill, there are several places that was eliminated, is technical in nature, and I would ask for an affirmative vote."
"Any further discussion? There being none, the question is 'shall Amendment #2 to House adopted?' All those in favor will signify by saying 'aye'. Representative Brummer."
"Aye."
"All those opposed? The opinion of the Chair, the 'ayes' have it, Amendment #2 is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. Representative Leverenz, House Bill 1409. Read the Bill, Mr. Clerk."
"House Bill 1409, a Bill for an Act to amend the Vehicle Code, Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"Floor Amendment #1, Leverenz."
"Representative Leverenz, Amendment #1."
"Thank you, Mr. Speaker, Amendment #1 would provide that the Federal Motor Carrier Regulations would also apply to intra-state as well as inter-state, it further...the Amendment provides that the state police would be the only law enforcement agency to enforce those regulations. I would move for the adoption of Amendment #1. Totally agreed Amendment."
"Is there any discussion on Amendment #1? There 153 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 being none the question is 'shall Amendment #1 to House Bill 1409 be adopted? All those in favor will signify by saying 'aye', those opposed? In the opinion of the Chair, the 'ayes' have it. Amendment #1 is adopted, any further Amendments?"
"No further Amendments."
"Third Reading. Representative Greiman, House Bill 1419. Read the Bill, Mr. Clerk,"
"House Bill 1419, a Bill for an Act to amend the Condominium Property Act, Second Reading of the Bill. No Committee Amendments."
"Any Amendments...any motions filed?"
"No Committee Amendments."
"Any Amendments from the floor?"
"Floor Amendment #1, Greiman."
"Representative Greiman, Amendment #1."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, Amendment #1 provides for a 21 day notice by the condominium developer to the members of the Condominium Association before the first that's the initial election of the board of managers and allows for the other members of the condominium association to obtain the names, the addresses and the percentage of ownership on request from the developer. It's an Amendment aimed at allowing the other owners, owners other than the developer an opportunity to be involved in the election process in the Condominium Association. I ask for its adoption."
"Any discussion in regards to Amendment #1? There being none, the question is 'shall Amendment #1 be adopted?' All those in favor will signify by saying 'aye', all those opposed? The opinion of the Chair the 'ayes' have it, Amendment #1 is adopted. Any further Amendments?"
"No further Amendments." 154 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 36th Legislative Day
"Third Reading. Representative Henry, for what purpose do you seek recognition?"
"Yes, Mr. Speaker before you call 1423, elective, I'll advise you that the Amendments have been drafted but have not been distributed on the floor as of yet."
"Thank you, we'll take it out of the record, then. Thank you, Representative. House Bill 1434, Representative Sandquist. Read the Bill, Mr. Clerk."
"House Bill 1434, a Bill for an Act creating the Design Professionals Administration and Investigation Fund, Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"Floor Amendment #1, Sandquist, amends House Bill 1434 on..."
"Representative Sandquist, Amendment #1."
"Yes, Mr. Speaker. The Bill itself creates the Design Professional Administration Fund and the Amendment...all the Amendment does is to say that when there is the audits of this fund, they shall be open to public inspection. I don't think there's any opposition. I ask for adoption of Amendment #1."
"Is there any discussion? Question is 'shall Amendment #1 to House Bill 1434 be adopted?' Those in favor will signify by saying 'aye', all those opposed? The opinion of the Chair the 'ayes' have it, Amendment #1 is adopted. Any further Amendments?"
"No further Amendments."
"House Bill 1435, Representative Pierce. Read the Bill, Mr. Clerk."
"House Bill 1435, a Bill for an Act to amend the Illinois Income Tax Act, Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?" 155 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
"Floor Amendment #1, Pierce."
"Representative Pierce, Amendment #1." May 7, 1981
"Mr. Speaker this is an Amendment that was discussed in Committee to set up international banking facilities and authorize them in Chicago so as to put the Chicago banks on parity with New York in international banking. It has nothing to do with branch banking backing. It only has to do with international transactions at the main office of the Chicago banks to allow them to return to Chicago banking that is now done in the West Indies and London and therefore I move the adoption of Amendment #1."
"Any discussion? The question is 'shall Amendment #1 to House Bill 1435 be adopted?' All those in favor will signify by saying 'aye', those opposed? The opinion of the Chair, the 'ayes' have it, Amendment #1 is adopted. Any further Amendments?"
"No further Amendments."
"Third Reading. Speaker Ryan in the Chair."
"Page 11 of the Calendar under the order of Second Readings appears House Bill 1438, Representative Hallstrom. Read the Bill, Mr. Clerk."
"House Bill 1438, a Bill for an Act to create the Illinois Higher Education Student Loan Authority, Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any motions filed with respect to Amendment #1?"
"No motions filed."
"Are there any Amendments from the floor?"
"Floor Amendment #2, Hallstrom, amends House Bill 1438 as amended."
"Representative Hallstrom on Amendment #2."
"Thank you, Mr. Speaker. Amendment #2 is purely a 156 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 technical Amendment. When the Bill was drafted it was called the Illinois Higher Education Loan Authority and there were two Sections in the original Bill where they didn't change it from student to Higher Education Loan Authority and that's all that Amendment #2 does."
"Is there any discussion on Amendment #2? The Lady moves for the adoption of Amendment #2. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"Floor Amendment #3, Preston-Hallstrom, amends House Bill 1438 as amended."
"Amendment #3, Representative Hallstrom."
"Thank you, Mr. Speaker. This is also another technical Amendment. It just changes Section 3.08 to Section 3.10. It was an error in the drafting."
"Is there any discussion? The Lady moves for the adoption of Amendment #3 to House Bill 1438. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Page five on the Calendar under the Order of House Bills, Second Reading appears House Bill 328, Representative Leverenz. Read the Bill, Mr. Clerk. 328."
"House Bill 328, a Bill for an Act to amend an Act relating to the acquisition, possession and transfer of firearms and firearm ammunition, Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"Floor Amendment #1, Leverenz, amends House Bill..."
"Representative Leverenz."
"Thank you, Mr. Speaker. This would provide a simple enactment date of July of 1982. I'd move for the adoption 157 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 of the Amendment."
"Is there any discussion? The Gentleman moves for the adoption of Amendment #1 to House Bill 328, all in favor signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Changing of votes."
"Representative Schraeder requests to vote 'aye' on House Bill 67. Representative Schraeder requests to vote 'no' on Amendment #2 to House Bill 281. Representative Catania requests to vote 'aye' on House Bill 438. Representative Bianco requests to vote 'aye' on House Bill 438. Representative Johnson requests to vote 'aye' on Amendments 5, 8 and 10 to House Bill 490. Representative E. G. Steele requests to vote 'no' on House Bill 166, Amendment #1. Representative Zwick requests to vote 'no' on the Consent Calendar. Representative Barkhausen requests to vote 'no' on House Bill 1128. Representative Bianco requests to vote 'aye' on the Consent Calendar. Representative Katz requests to vote 'aye' on the Consent Calendar. Representative Johnson requests to vote 'aye' on the Consent Calendar. Representative Zwick requests to vote 'no' on House Bill 801 on the Consent Calendar."
"Are there any objections to the change of vote? Representative Kane do you object?"
"Were any of those on verified roll calls?"
"The Clerk says if there are they won't be changed but he doesn't believe there were any."
"Thank you, Mr. Speaker."
"Now, are there any other objections? Hearing none, leave is granted for the change of vote. The Gentleman from Cook, Representative Telcser." 158 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day
May 7, 1981 "Mr. Speaker, Members of the House, first of all I'd like to announce that the Republican Leadership will meet in Speaker Ryan's office immediately after adjournment and allowing 10 minutes for the Clerk's perfunctory Session, I now move that the House stand adjourned until tomorrow, May 8, at the hour of 1:00, Friday."
"The Gentleman's moved for the... House stand adjourned until Friday, May the 8th, at the hour of 1:00. All in favor signify by saying 'aye", all opposed 'no'. The 'ayes have it and the House now stands adjourned."
"House Joint Resolution Constitutional Amendment #5, resolved by the House of Representatives of the Eighty-Second General Assembly of the State of Illinos, the Senate concurring herein, there shall be submitted to the electors of the State for adoption or rejection at the General Election next occurring at least six months after the adoption of this Resolution, a proposition to amend Section 10 of Article VI of the Constitution to read as follows: Article VI, Section 10, terms of office. The terms of office of Supreme and Appellate Judges and Circuit Judges shall be six years, and Associate Judges, four years. Schedule of Appellate, Supreme and Appellate Court Judges elected after the General Election at which this Amendment is adopted shall serve for terms of six years and Supreme, Appellate Court Judges serving on the date of the election or elected at the election shall serve 10 years...terms as provided before the adoption of this Amendment. Second Reading of the Constitutional Amendment. Amendment #1 amends House Joint Resolution Constitutional Amendment 5 by deleting lines 16 through 21 and inserting in lieu there of, the following; any Supreme or Appellate Court Judge elected or retained at the General Election at which this Amendment is adopted or at any earlier election 159 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 shall complete the 10 year term for which he was elected or retained as provided for the adoption of this Amendment. Supreme and Appellate Court Judges elected to or retained in office after that election shall serve for terms of six years. Second Reading of the Constitutional Amendment, this Constitutional Amendment will be held on Second Reading. House Joint Resolution Constitutional Amendment #13, Daniels-et al. Resolved, by the House of Representatives of the Eighty-Second General Assembly of the State of Illinois, the Senate concurring herein, there shall be submitted to the electors of this State for adoption or rejection at the general election next occurring at least 6 mo months after the adoption of this resolution, a proposition to amend Sections 8 and 12 of and to add Sections 12.1, 12.2, 12.3 and 12.4 to Article VI of the Constitution, the amended and added Sections to read as follows: Article VI, Section 8. Associate Judges. Each Circuit Court shall have such number of Associate Judges as provided by law. In a Judicial Circuit which adopts Sections 12.1 and 12.3 by a local adoption referendum pursuant to Section 12.2, Associate Judges shall be selected by appointment in the manner provided by those Sections; otherwise Associate Judges shall be appointed by the Circuit Judges in each circuit as the Supreme Court shall provide by rule. In the Cook County Circuit, unless otherwise provided by law, as least one-fourth of the Associate Judges shall be appointed froв, and reside, outside Chicago. The Supreme Court shall provide by rule for matters to be assigned to Associate Judges. Section 12. Election of Circuit Judges. (a) In a Judicial Circuit which adopts Sections 12.1 and 12.3 by a local option referendum pursuant to Section 12.2, Circuit Judges shall be selected in the manner provided by those Sections; 160 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 otherwise, in the manner provided by this Section. (b) Circuit Judges shall be nominated at primary elections or by petition and shall be elected at general or judicial elections as provided by law. A person eligible for the office of Circuit Judge may cause his name to appear on the ballot as a candidate for Circuit Judge at the primary or the general or judicial elections by submitting petitions. The General Assembly shall prescribe by law the requirements for petitions. A Circuit Judge elected to office under this Section 12(b) may stand for retention for a full term pursuant to Section 12.4. (c) The office of a Circuit Judge shall be vacant upon the incumbent's death, resignation, retirement, removal, or upon the conclusion of a term without retention in office, whenever an additional Circuit Judge is authorized by law. (d) A vacancy occurring in the office of Circuit Judge shall be filled as the General Assembly may provide by law or in the absence of a law, by appointment by the Supreme Court. A person appointed to fill a vacancy 60 or more days prior to the next primary election to nominate Circuit Judges shall serve until the first Monday in December following the next general or judicial election. A person appointed to fill a vacancy less than 60 days prior to the next primary election to nominate Circuit Judges shall serve until the first Monday in December following the second next general or judicial election. Section 12.1. Appointment of Judges of Supreme Court and Appellate Court, and Circuit Courts upon adoption. (a) The provisions of this Section shall govern the selection of all Supreme and Appellate Judges and of those Circuit and Associate Judges of any Circuit which adopts this Section and Section 12.3 by a local option referendum pursuant to Section 12.2. For purposes of this Section and Section 12.4, the term "Judge" includes 161 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 all such Supreme, Appellate, Circuit and Associate Judges except where a distinction is indicated. (b) Judges shall be appointed by the Governor from nominees submitted by Judicial Nominating Commissions, except when appointed by the Supreme Court in accordance with paragraph (f) of this Section. (c) The office of a Judge shall be vacant upon the incumbent's death, resignation, retirement, removal, or upon conclusion of a term without retention in office, or whenever an increase in the number of Judges is authorized. (d) As soon as a vacancy occurs in the office of Judge or will occur within six months by a day certain, the Administrative Director of the Illinois Courts shall promptly notify the chairman of the appropriate Judicial Nominating Commission, who shall immediately convene the Commission. (e) Within 42 days after the receipt of such notice of a vacancy, the Commission shall submit to the Governor a list of three nominees in alphabetical order, who by their character, temperament, professional aptitude, experience, and commitment to equal justice under law are deemed by the Commission to be the best qualified to fill the vacancy. The Commission may not include on the list a nominee who is on another list then pending before the Governor or the Supreme Court pursuant to Section 12.1 (f) to fill a vacancy in the same judicial office. The function of a list shall terminate upon making the required appointment therefrom. (f) Immediately upon receipt of a list the Governor shall make it public. Not fewer than 28 nor more than 56 days after the receipt of a list, the Governor shall appoint therefrom a person to fill the vacancy. If any appointment is not made by the Governor within 56 days, the Commission shall immediately submit the list to the Supreme Court, which shall promptly make the appointment from the list. (g) A person appointed to fill 162 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 a vacancy pursuant to this Section 12.1 shall serve an initial term ending on the first Monday in December following the next general election held after the completion of one year in office. At that general election the Judge may stand for retention in office for a full term pursuant to Section 12.4. (h) Upon adoption by a Circuit of this Section and Section 12.3 by a local option referendum pursuant to Section 12.2, the terms of the Associate Judges of that circuit shall conclude as provided in this subsection (h) regardless of the date or dates of previous appointment and regardless of any other provision of this Article VI: (i) The Administrative Director of the Illinois courts shall forthwith divide the Associate Judgeships of the Circuit, including those when vacant, into two groups, equal in number as near as may be, with terms to expire as follows: Group 1 on the first Monday in December after the general election next following the adoption of the local option referendum and on every fourth anniversary of that day. Group 2 of the second Monday in December after the second general election next following the adoption of the local option referendum and on each fourth anniversary of that day. (ii) The Administrative Director of the Illinois courts shall forthwith by lot assign the Associate Judges then in office to the above groups. (iii) As Associate Judgeships may be added or terminated in a Circuit, the Administrative Director of the Illinois Courts shall promptly adjust the groups accordingly while maintaining their equality in number as near as may be. Section 12.2. Circuit Local Option Referendums. (a) The electors of any judicial Circuit may be a referendum, here designated as a local option referendum, adopt a proposition requiring Sections 12.1 and 12.3 to govern the selection of Circuit Judges and 163 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 Associate Judges of that Circuit. The electors of a Circuit shall vote on the proposition at the next general election held not less than three months following the filing of petitions with the Secretary of State, signed by not fewer than five percent of the total number of electors who voted at the next preceding general election in that Circuit, asking that the proposition be submitted to referendum. If a majority of votes cast on the proposition are in the affirmative, Sections 12.1 and 12.3 shall thereafter govern the selection of Circuit Judges and Associate Judges of the Circuit Court of that Circuit. (b) After the eighth year following a local option referendum whereby the electors of a Circuit have adopted Sections 12.1 and 12.3 to govern the selection of Circuit Judges and Associate Judges pursuant to this Section, the electors of the Circuit may terminate their adoption of Sections 12.1 and 12.3 by a local option referendum. Such a referendum shall be subject to the same requirements and conducted in the same manner as a referendum for adoption of Sections 12.1 and 12.3. If a majority of the votes cast on the proposition to terminate are in the affirmative, the selection of Circuit Judges and Associate of that Circuit shall thereafter be governed by Sections 12 and 8, respectively, unless such subsections 12.1 and 12.3 are again adopted pursuant to this Section. Section 12.3. Judicial Nominating Commissions. (a) There shall be a Judicial Nominating Commission in each Judicial district for nomination of Judges for the Supreme Court and Appellate Court, and in each Judicial Circuit which by local option referendum, adopts Section 12.1 and this Section 12.3 for the selection of Circuit Judges and Associate Judges for that Circuit. (b) The Circuit Judicial Nominating Commission for each Circuit except the 164 36th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 Cook County Circuit shall consist of eleven residents of the Circuit: six non-lawyers, of whom no more than three shall be members of the same political party, and five lawyers. The Circuit Judicial Nominating Commission for the Cook County Circuit shall consist of 31 residents of the Circuit: sixteen non-lawyers, of whom no more than eight shall be members of the same political party, and fifteen lawyers. (c) The District Judicial Nominating Commission for each Judicial district except the first Judicial District shall include four residents from each Circuit in the District: two non-lawyers, who shall not be members of the same political party, and two lawyers. The First District Judicial Nominating Commission shall include twenty residents from the Cook county Circuit: ten non-lawyers, of whom no more than five shall be members of the same political party, and ten lawyers. Each District Judicial Nominating commission shall also include an additional non-lawyer member resident of the District. (d) The non-lawyer members of each Judicial Nominating Commission shall be appointed by the Governor with the advice and consent of the Senate. The lawyer members of each Judicial Nominating Commission shall be selected by secret ballot, without political party or other designation, by those lawyers admitted to practice in Illinois whose principal office is in the appropriate District or Circuit, in such manner as provided by Supreme Court rule. (e) In appointing the initial non-lawyer members of each Judicial Nominating Commission the Governor shall divide the appointees by lot into three groups, equal in number as near as may be, and shall designate the group members to serve for two, four and six years, respectively. The intitial lawyer members shall also be divided by lot into three groups, equal in number as near as may be, in 165 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 such manner as the Supreme Court shall provide. The group members shall serve for two, four and six years, respectively. Thereafter the terms of all Commission members shall be six years. (f) A vacancy in the membership of a Judicial Nominating Commission shall be filled for the unexpired term or for a full term, as may be, in the manner and subject to the qualifications applicable at the time the vacancy occurs. (g) The Chairman of each Judicial Nominating Commission shall be selected by vote of all the members of the Commission from among its non-lawyer members. The term of a Chairman shall be three years unless his or her remaining term as a member of the Commission expires sooner. The Chairman may vote only in case of a tie. (h) Any person who holds any office under the United States or this State or any political subdivision or municipal corporation or municipality or unit of local government of this State and receives compensation for services rendered in such office, or who holds any office or official position in a political party, shall be ineligible to serve on a Judicial Nominating Commission. Compensation for service in the State militia or the armed services of the United States for such period of time as may be determined by Supreme Court rule shall not be considered a disqualification. No member of a Judicial Nominating Commission may be appointed to judicial office while serving on the Commission or for a period of three years thereafter. A member, having served a full term of six years on a Judicial Nominating Commission may not be selected to serve on a Commission during the next three years. No person may serve on more than one Judicial Nominating Commission at the same time. (i) The Commissions may conduct such investigations, meetings and hearings, all of which may be secret, and employ such staff 166 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 members as may be necessary to perform their duties. Nominations shall be submitted to the Governor only upon concurrence of a majority of all members of the Commission. Members of the Commissions shall not receive any compensation for their services but shall be entitled to reimbursement for necessary expenses. The General Assembly shall appropriate funds to the Supreme Court for such reimbursement and for all other administrative expenses of the Commissions. Section 12.4. Retention Elections. (a) Not less than six months before the general election next preceding the expiration of the term of office of a Supreme, Appellate or Circuit Judge who was elected to that office or of a Supreme, Appellate or Circuit or Associate Judge appointed to that office pursuant to Section 12.1, he or she may file in the office of the Secretary of State a declaration of candidacy for retention in that office for a full term. Not less than 63 days before the election, the Secretary of State shall certify the Judge's candidacy to the proper election officials. At the election the name of each such Judge who has timely filed a declaration of candidacy for retention shall be submitted to the electors, separately and without party designation, on the sole question of retention in office for another term. Retention elections shall be conducted at general elections in the appropriate Judicial Districts or Circuits. The affirmative vote of three-fifths of the electors voting on the question of retention shall elect a Judge to that office for a full term commencing on the first Monday in December following the election. (b) A Judge eligible to file a declaration of candidacy for retention who fails to do so within the time herein specified, or having filed, fails of retention shall vacate the office on the first Monday in December following the election, whether or not a 167 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day May 7, 1981 successor shall yet have qualified. If an incumbent Judge, eligible to do so, does not timely file a declaration of candidacy for retention, the selection of a successor, if any, shall proceed immediately in the manner provided in Section 12 or 12.1, whichever applies, so that the successor may take office as soon as a vacancy occurs. (c) An authorized reduction in the number of Judges shall be without prejudice to the right of Judges in office at the time to seek retention in accordance with the provisions of this Section. The reduction shall become effective when a vacancy occurs in the affected unit. Schedule. If approved by the electors, this Amendment shall take effect the next day following proclamation of the result of the vote, except that, to provide time for the establishment of District Judicial Nominating Commissions, vacancies occurring in the office of Supreme and Appellate Judges to and including the following June 30th, shall continue to be filled as provided in Section 12 (c), Article VI, of the Constitution adopted in 1970 effective July, 1971, for a term ending the first Monday in December after the next general election; and vacancies occurring after the following June 30th shall be filled as provided herein. In a Judicial Circuit which adopts Sections 12.1 and 12.3 by a local option referendum, the following Schedule shall apply: Those Sections shall take effect the next day following proclamation of the results of the referendum, except that, to provide time for the establishment of a Circuit Judicial Nominating commission, vacancies occurring in the office of Circuit Judge and Associate Judge to and including the following March 31st shall continue to be filled as provided in Sections 8 and 12, Article VI, of the Constitution adopted in 1970, for a term ending the first Monday in December after the next general election. 168 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 7, 1981 36th Legislative Day Vacancies occurring after the following March 31st shall be filled as provided herein. Second Reading of the Constitutional Amendment, Amendment #1 amends House Joint Resolution Constitutional Amendment #13 on page two, line twelve by deleting the period and inserting lieu thereof 'or' and on page four, line sixteen by changing 'governor' to 'Governor', and on page six, line six by changing 'an associate' to 'Associate Judges' and in line 12 by changing 'district' to 'District'. Second Reading of the Constitutional Amendment. This Constitutional Amendment will be held on Second Reading. No further business, the House now stands adjourned till May 7, at 1 o'clock P.M., May 8th, that is at 1 o'clock P.M." 169