"The hour of 9:00 o'clock having arrived, the House will be in Session. Those not entitled to the floor will leave. The prayer today will be led by the Reverend Richard Ahlgrim, from the Berean Baptist Church, here in Springfield, Illinois. Reverend Ahlgrim."
"May I say, before I pray, thank you for your gracious invitation. This is my first time to lead in prayer, in the House of Representatives, the State of Illinois and I thank you for this invitation. Shall we talk to our Heavenly Father. We thank you, Our God, for the privilege of venturing boldly into Your presence. For You have commanded in Your word, that all who find in need, should come boldly to Thy throne of grace, that they might find mercy. We ask you for visdom. We thank you, Our God, that You've given us the understanding that, we need not rush headlong into the decisions of any day without asking wisdom from You. And You've said, if any lack wisdom, let them ask of God, who gives to all man liberally and does not reprove. We thank You God, for the position of responsibility that You have given each of these Representatives. We thank You God, for understanding of law that You've given to them, but ve would pray even beyond this that they might have a wisdom not their own, but a wisdom that comes from above. We would ask Our Heavenly Father, that there might be stability in the closing days of these decisions for each of these Ladies and Gentlemen, and we would ask God, that they might not be as double minded individuals, tossed to and fro, by every wave of thought. Rather God, give them an understanding of that which is right, pleasing in your sight and that which would work out to the well being of the state and the people. We ask Our God, that as Moses of old was spoken to 1 75th Legislative Da y STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 by You, and given words of wisdom in the law and the decalogue, that these men and women might have a similar wisdom realizing that You're everlastingly the same and that the God, of Abraham, Isaac, Jacob, and Moses, is also the God of those of us who shall make decisions today. Thank you again, that you meet where those who ask you to meet with them, we pray Your wisdom upon this Assembly. Grant us an understanding of our own smallness and insignificance. Grant us, Our Father, the awareness of Thy greatness to work through us to accomplish that which is right. And we shall be careful to thank you. We ask it all in the name of Thy Heavenly Mediator, Jesus Christ. Amen. Thank you."
"We will be led in the pledge this morning by Representative Topinka."
"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."
"Thank you, Reverend Algrim. Roll Call for Attendance. Concurrences. The intent of the Chair to take those Bill on Concurrences that are Appropriations relating to the ordinary and contingent expenses of State Government. Take the record, Mr. Clerk. On the Calendar, House Bill 437. Representative Leverenz, for the Auditor. There are 127, answering the call and a Quorum is...171 answering the call and a Quorum is present. 437, Representative Leverenz. Is the Gentleman in the chamber? Out of the record. House Bill 491, Representative Davis. State Board of Education. Representative Stuffle, 492. Representative Steczo, 493. All these out of the record. House Bill 494, Representative Matijevich. Read the Bill, Mr. Clerk."
"House Bill 494, a Bill for an Act making 2 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 appropriations to the grant-in-aid to the State Board of Education. Together with Senate Amendments #1, 2, 3, and 4."
"Representative Matijevich."
"Mr. Speaker and Members of the House, I'm going to move to concur with Senate Amendments 1, 2, and 3, and nonconcur with 4. If that would be the pleasure of the House. Amendment #....Senate Amendment #1, to 494, restores six hundred thousand from the General Revenue Fund for the truant alternative program. Senate Amendment #2, increases the appropriation to gifted education reimbursement by two hundred and fifty thousand. Senate Amendment #3, offered by Etheredge and....Senators Etheredge and Sangmeister, adds a Section to House Bill 494 to appropriate one million, seven hundred thousand to the State Board for the Joliet School District #86, for repairs and rehabilitation of buildings and replacement of instructional materials and furnishings damaged or destroyed as a result of the June 13, flood . I would move to concur with Senate Amendments 1, 2, and 3, to House Bill 494."
"Any discussion? Any discussion? There being none, the Gentleman moves that the House....Representative Reilly."
"I apologize for being off the floor. The Am...you're moving to concur in....Representative Matijevich, switch on, please."
"1, 2, and 3, and I'm going to nonconcur in 4, Jim."
"What is 4? I have..."
"4, is the....Senator Lemke introduced Amendment #4, which takes away five hundred thousand dollars from the Adult Education Program and puts it into Americanization Program. I have no problem with that program but I can't 3 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day see taking the monies from Adult Ed." June 29, 1981
"Is the thought then, that the Senate might recede from that..."
"That's why I'm doing it this way, otherwise, I would nonconcur in everything....everything."
"Could you hold just one second, please?"
"Sure will."
"Representative Wolf." Wolf, J.J.: "If he's going to hold it, I'll wait."
"Representative.... Representative Epton, would you come here please. Representative Matijevich, with your leave, while they're discussing that, we can take it out of the record."
"Sure will."
"And with leave of the House, I would like to pick up, on Concurrences, it's not an appropriation matter but, House Bill 1498. It's for Representative Macdonald who is not feeling well and we would like to get that one done for her before we involve ourselves in the day. Read the Bill, Mr. Clerk."
"House Bill 1498, a Bill for an Act to amend the Illinois Municipal Code, together with Senate Amendment #1."
"Representative Macdonald."
"Thank you. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would like to concur in Amendment #1, which provides that bonds that are issued by a Water Commission, will bear interest in accordance with general interest rate law. The general interest rate for units of local government is currently, 9% or 70% of the prime rate, whichever is greater. This is a good Amendment to this Bill which went out of the House and also out of the Senate with an overwhelming majority and I would ask 4 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day for your vote on concurrence." June 29, 1981
"Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1498? Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 139 voting 'aye', 1 voting 'nay', none voting 'present' and the House does concur in Senate Amendment #1 to House Bill 1498. This Bill having received the Constitutional Majority is hereby declared passed. Representative Giorgi asks leave to be recorded as voting 'aye'. Does the Gentleman have leave? Record the Gentleman, Mr. Clerk. Members are once again requested that if you have nonconcurrences, please come up and give the numbers to David here, and we will pick those up at the appropriate time. If the Members have nonconcurrences, please give the numbers to David here. If you have a concurrence to which you are going to nonconcur. While we're getting those matters straightened out, the Chair will now go to concurrences, where we left off yesterday. House Bill 415, Representative Grossi."
"Thank you, Mr. Speaker, Ladies...."
"House Bill 415, a Bill for an Act to amend the Illinois Marriage and Dissolution of Marriage Act, together with Senate Amendment #1."
"Representative Grossi."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Amendment #1 to House Bill 415, simply allows a retired Judge to perform a marriage ceremony if he has not been removed from office by the Judicial Inquiry Board. The present law is that a retired Judge can perform a marriage ceremony if he is assigned by the Chief Judge of the Circuit. I move to concur." 5 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 75th Legislative Day
"Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 415. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 131 'aye', 2 voting 'nay', 3 voting 'present', the House does concur in Senate Amendment #1 to House Bill 415. And this Bill having received the Constitutional Majority is hereby declared passed. House Bill 438, Representative McBroom. Out of the record. Representative Daniels."
"438."
"Representative Daniels on 438."
"House Bill 438, a Bill for an Act to amend certain Acts in relationship to the regulation of lending practices together with Senate Amendment #1."
"Representative Daniels."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 438 amends certain Acts to remove the interest rate limit on mortgages. In the Senate, they revised the Bill to provide any increased interest amount of rate may be applied only to the new debt incurred under the revolving credit agreement and all payments and other credits are subject to the prior rate until such balance is paid in full. The original Bill allowed the new rate to apply only to the entire balance including the old debt. I think the Amendment in the Senate is an improvement on the Bill and I move to concur on Amendment #1."
"Any discussion? There being none the Gentleman moves... Representative Bowman."
"Yes, Mr. Speaker, I apologize to the Gentleman but its...for asking him to repeat that but it was SO very 6 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 quiet that I couldn't hear a word he said."
"Okay. Representative Bowman, excuse me, part of the reason that we can't hear, Representative Bowman, is because of Representative Martire talking in front of you while you're attempting to speak on the microphone."
"It would help if Representative Martire were to sit down a little bit..."
"Representative Martire?.."
"But I would appreciate it if he.."
"Representative Bowman, the Senate Amendment #1 amended the Bill to provide that any increased interest amount of rate may be applied only to a new debt incurred under the revolving credit agreement. The Bill as it passed the House provided that the new rate would apply to the entire balance including the old debt and I think that it is an improvement on the Bill. So, I would move to concur."
"Further discussion? Representative Bullock. Representative Bullock? Representative Giorgi."
"Most of the credit regulations that I have seen come down the pike, they increased the rate on the new balance. Why is it necessary to increase the rate on the old balance, Representative Daniels?"
"Representative Daniels."
"The old rate will apply to the old balance. They're not going to."
"You said that you were going to increase...you're going to increase the new rate to the old balance, also was your explanation."
"No, Sir. You weren't listening."
"Oh, yes I was very carefully."
"Okay, that was in the original Bill. We took that out."
"Oh, I see, in other words, you meant to penalize on the 7 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 original Bill and somebody cleared it up in the Senate for you. It is still a bad Bill."
"Representative Bullock."
"Thank you, Mr. Speaker. Would Representative Daniels yield for a question?"
"He indicates he'll yield."
"Representative Daniels, staff analysis indicates that this implies to more than just mortgages and in your remarks you indicated that it only applied to mortgages. Is that correct?"
"My remarks were to the revolving credit agreement. I said nothing about mortgages, Sir."
"Does this only apply to revolving credit agreements? Or, does it go beyond that?"
"The Bill involved mortgages, credit union, revolving credit loans, revolving credit sales, installment loans, installment loans and motor vehicle loans."
"Okay, so it goes beyond revolving credit. It does deal with mortgages which is what I wanted for the record. Thank you."
"Move to concur, Mr. Speaker. Move to concur, Sir."
"Representative Greiman."
"A question of the Sponsor. So, the Bill as it now stands, is there a limitation on the amount of interest that can be charged? Or is it unlimited? Or is it pegged into some commercial..."
"No, there will not be."
"So that the Bill, as it now stands, for consumer loans and consumer installment loans of any kind, retail installment, revolving credit takes off all interest, is that right? There will not be any limitations on what a lender or what a seller may charge a consumer in interest."
"That is...that is correct, Sir. The market conditions 8 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day will prevail." June 29, 1981
"Well, I think that the market conditions in the end will... I think that this is inflationary and I think that it will continue the spiral of rising costs for consumers and believe that we should reject it. We should reject the whole Bill, however."
"The question is, 'Shall the House concur in Senate Amendment 1 to House Bill 438?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 98 voting 'aye', 46 voting 'nay', 4 voting 'present'. And the House does concur on Senate Amendment #1 to House Bill 438 and this Bill having received the Constitutional Majority is hereby declared passed. Messages from the Senate."
"A message from the Senate, by Mr. Wright, Secretary. Mr. Speaker, I am directed to inform the House of Representatives that the Senate has passed Bills of the following title in passage of which I am instructed to ask concurrence of the House of Representatives to wit; Senate Bills 278, 297, passed the Senate, June 28, 1981. Kenneth Wright, Secretary."
"Committee on assignments. House Bill 441, Order of Concurrences. Representative McGrew. Out of the record. 455, Representative Vinson. Out of the record. 477, Representative McClain. Read the Bill, Mr. Clerk."
"House Bill 477, a Bill for an Act to amend the Child Abuse Reporting Act, together with Senate Amendment #1."
"Representative McClain. Representative McClain. McClain."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the 9 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 House, House Bill 477 was in response, or in fact, the whole series of Bills was in response to cruel beating death of Alan Maddin, in Quincy, Illinois. And what we're trying to do with Amendments to House Bill 477, to conform the abuse and neglect definitions to be identical in both the...Child Abuse Act and the Juvenile Court Act. We did not do it well enough in House, so the Department of Children and Family Services and the Senate amended it to more closely conform. That's what Senate Amendment #1 does, it conforms the definitions only of neglect and abuse, so that they are....it's really a technical Amendment and I move for concurrence of Senate Amendment #1 to House Bill 477."
"Discussion? Representative Miller."
"Will the Sponsor yield for a question?"
"He indicates he will."
"Representative, isn't the effect of the Senate Amendment to restrict the ability of a court to commit a minor to DCFS?"
"No, absolutely not. One of the problems right now...excuse me. Mr. Miller is that....in fact, DCFS is the one that has asked for this Amendment. Sometimes Judges, if you're before the Juvenile Court Act the Judge will rule a certain way because the definition of abuse or neglect in the Juvenile Court Act, however, if you're...if you're an abused child or a neglected child and you come under the Abuse and Neglect Child Reporting Act and you come before a criminal case, there's an entirely different definition. So, this just clears up the definition between abuse and neglect so it's identical under both Acts. And this will aid DCFS, not harm them. They actually....asked for this conformity."
"Are you actually transferring the substantive language 10 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 from one...of neglect to that of abuse or vice versa?"
"No, Sir. All we're doing is, matching up the definition of abuse in one Act to be the same as abuse in the other Act and neglect in one Act to be the same definition as neglect in the other Act."
"And are you constricting or liberalizing those definitions in which Act?"
"Well, all we're doing is putting....in conformity, so you're not really...it's not liberal or conservative mood. What you're really trying to do is....I again go back to my same analysis. You have a Juvenile Court Judge making one decision that might be one way and you have a totally different kind of decision coming from a different Judge under the Abuse Act. So, it's not really a liberal or conservative thing, it's really a technical correction because of those....inconsistant rulings from the courts, because of the definition or the lack of conformity of the definition in both Acts."
"I didn't mean to couch it in political terms of conservative and liberal, rather....legalistic terms. Thank you, Mr. Speaker."
"Further discussion? There being none, the question is, 'Shall the House concur in Senate Amendment 1 to House Bill 477. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 154 voting 'aye', none voting 'nay', none voting 'present' and the House does concur in Senate Amendment #1 to House bill 477. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 487, Representative McClain. Read the Bill, Mr. Clerk."
"House Bill 487, a Bill for an Act relating to the 11 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day placement or adoption of minors, together with Senate June 29, 1981 Amendments #1, 3, and 4."
"Representative McClain."
"Thank you, very much, Mr. Speaker. Ladies and Gentlemen of the House, I would move to concur with Senate Amendments #1, 3, and 4, to House Bill 487. If I may explain. Senate Amendment #1 actually provides the Department of Children and Family Services with the ability to log in harassment calls. So in other words, right now. if your neighbor is mad at you because of, 'x case, let's say is, some kind of comfrontation between yourself and your neighbor and that neighbor calls in a call to the hot line, the child abuse hot line, saying that you're abusing your child. Those kinds of calls after the DCFS responds and notes that there was no abuse, there is no ability....thank you. There's no ability of the DCFS Office to actually log harassment calls. So, what this provides is, that the hot line or the child abuse hotline, in that computer, they will now log those harassment calls. So, this is really a protection for people. The Senate Amendment #3, reclarifies the criminal immunity for physicians by adding in the usual language of acceptable medical practice which is fine with myself and the Illinois Department of Children and Family Services, and the other proponents of this piece of legislation. And the 3rd Amendment is an Amendment that vas worked out between Representative Woods Bowman and the Senate and the Illinois Department of Children and Family Services. It lines out and incorporates somewhat, a milder version of provisions of Section 5A, of an Act that created the Illinois Department of Children and Family Services. Which most of us call the Grotberg Amendment, which list out reimbursable child care services, which were originally part of Woods 12 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 Bowman's House Bill 454. And the Illinois Department of Children and Family Services has concurred with this Amendment. So on that ground, I'd be glad to answer any questions, otherwise, I would move for concurrence, Senate Amendment #1, 3, and 4, to House Bill 487."
"Any discussion? Representative Leinenweber."
"Will the Gentleman yield for a question?"
"He indicates he will."
"In regard to Senate Amendment #3, according to our staff analysis, it provides civil....in addition to criminal immunity from criminal liability to civil liability, is that correct?"
"Yes, Sir, that correct. I should have said that. It clarifies both the civil and criminal immunity for physicians."
"Did the House Bill provide civil immunity from civil liability when it went out of here? You say it clarifies, does this...did this clean up something that the House did or is this a new provision?"
"Harry, when we did that in the House, we had a blanket immunity for mercy medical treatment for physicians. We did not clarify whether that was civil or criminal, we gave them a blanket immunity. And all this does is clarify by separating, instead of given them a blanket immunity we specifically state, civil and criminal."
"Right. Now, according to our analysis they use the words, adds that immunity exists when the physician acts "in good faith and accordance with exceptable medical practice". Is that the actual language of the Senate Amendment? I've been told it is. That would seem to me to negate the immunity from civil liability because, it is my understanding that if the doctor performs in accord with acceptable medical practice, that he would not be liable in 13 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 any event and if he does not conform with acceptable medical practice, then he would be liable, is that....would that be your understanding? In other words, if he commits malpractice, he would be....liable?"
"If it was not...if he did not act in good faith or if, you know, blatantly abusive. Yes, I concur with you. The actual language is....in Senate Amendment #3, is any physican authorized in acting in good faith in accordance with acceptable medical practice in the treatment of a child under this Section, shall have immunity from any liability, civil ΟΓ criminal that might otherwise be incurred or imposed as a result of granting permission for emergency treatment."
"It sounds to me....as far as the civil end of it is concerned, it's a statement of the current law."
"It might be, the civil part but, the problem has been that we have hospitals and physicans now, where they find a battered child, that we do not give them immunity so, some physicans are not granting emergency medical treatment without this kind of legislation. So, what we're trying to do is encourage both hospitals and physicans to offer that emergency medical treatment."
"Thank you."
"Any further discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to Senate...House Bill 487?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted wh who wish? Take the record, Mr. Clerk. On this question there 149 voting 'aye", 1 voting 'nay', 3 voting 'present', the House does concur in Senate Amendment #1 to House Bill 487 and this Bill having received the Constitutional Majority is hereby declared 14 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 passed. House Bill 488, Representative McClain. Read the Bill, Mr. Clerk."
"House Bill 488, a Bill for an Act to amend an Act in relationship to the adoption of persons, together with Senate Amendment #1."
"Representative McClain."
"Thank you, very much..."
"Excuse me, Representative. Give the Gentleman your attention and if there are protracted conversations with staff people on the floor, I think the better part would be to go to the rear or to the outside."
"Or they are welcome to use my office. Mr. Peters...Mr. Speaker, Ladies and Gentlemen of the House, this piece of legislation had two parts in it as it left the House. One part was, that it listed that if a person signed a final and irrevocable consent to adopt or surrender a child, that was one of the issues that you could consider for abandonment. One of the problems that we found in the Alan Madden case was, that the natural mother had signed an irrevocable consent to surrender the child and eighteen months later the Judge permitted the mother to take custody of the child again. We....when we drafted that piece of legislation, we placed in it, evidence of abandonment. The lawyers who deal in this area, and this comes from Senator Daley's Office and the Illinois Department of Children and Family Services, told me that, because if we list specifically evidence of abandonment that determination really might restrict abandonment. And that it was not helpful to really severing natural parent relationships with their children. So, Senate Amendment #1 to House Bill 488 would then delete that part of a two part piece of legislation. And I would move for the adoption of Senate Amendment #1 to House Bill 488." 15 75th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE Speaker Peters: "Any discussion?
"Thank you, Mr. Speaker. question?" June 29, 1981 Representative Catania."
Would the Sponsor yield for a Speaker Peters: "He indicates he will."
"Representative McClain, does this then contain only the provision that a consent to adoption may not be revoked more than a year after it was executed even if it is found that it was obtained under duress or by fraud?"
"That is the only provision left in the piece of legislation. The reason we did that is, the Taylor Institute, which I was part of, as other Members, as the Speaker, now sitting Speaker was part of, discussed fraud and duress as an issue. We could not come to any judgment on when a final date was on fraud and duress. So, the remaining Section of this piece of legislation is, that a person who signs a irrevocable consent to terminate his or her parental right, now has twelve months to claim fraud or duress as affirmative defense. The issue there is that, many people are under an emotional blackmail, because the natural parent now can claim fraud and duress almost ad infinitum and that we thought that was....as least I thought that was unfair to keep a person under that kind of emotional duress. So, it's an arbitrary date, I would agree, it could be nine months, it could be eighteen months but I thought twelve months is a reasonable time for that natural parent to claim fraud or duress."
"Well, Representative McClain, my problem with the Bill is that, we've worked a lot on the problems of teenage pregnancy and we do want to make it possible for pregnant teenagers who want to have their babies, to have them and if in fact they decide that they can't handle having them, to be able to make a decision about whether they want to give them up for adoption or not. And I wonder if you 16 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 might be willing to take it back to a Conference Committee and put in a different provision for people under the age of eighteen who, I think you would probably agree, are not quite as emotionally and psychologically developed as people over the age of eighteen. So that if a fourteen year old, fifteen year old, were found to have been subjected to duress OF fraud, that maybe in a couple of years she might be able to go back. Now, certainly, over the age of eighteen, I would expect that it would be reasonable to assume twelve months would be adequate. But, I would ask you if you would consider changing it for people who are much younger than that."
"Well, Miss Catania, you ask a tough question and I'm inclined to say, no, not trying to be offensive, but....I've got enough Conference Committees already, frankly. I wish you would have posed the subject to me before, maybe on the initial introduction of the Bill..."
"Well, I think I voted 'no', on the Bill because of that provision. And, I realize it's not convenient for you to have a Conference Committee again, but what we're talking about here is the lives of people and their children and I think it would be considerably more than inconvenient for young women who at the age of thirteen OF fourteen, was subjected to fraud or duress in order to be forced to give up her baby. And I...I think a Conference Committee is not that great of a hardship for..."
"Well, let me answer you straight out then. I guess, I'm inclined to say, 'no', and here's why. The issue ought to be the best interest of the child and of the best interest then of the adoptive family trying to pose a loving relationship. If a thirteen year old, what you're asking is, if a thirteen year old has a child then you would leave fraud and duress as an affirmative defense 17 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 until age eighteen and they wouldn't have another twelve months. You're talking about that child being five or six years old and that adoptive family or foster family or whatever, would then live under that kind of an emotional umbrella for five or six years. And now, that violates what I'm trying to get to. What I'm trying to get to is, once a person severs his or her parental rights, they have one year, be it a person thirteen years old or thirty-five years old, one year to claim an affirmative defense of fraud or duress. After that, then that adoptive family has the ability then to provide, without any emotional blackmail or emotional umbrella, to provide a total loving environment and secure environment for that child. I think the issue ought to be then, the best interest of the child and I humbly ask you to withdraw your request or I...say 'no'."
"Mr. Speaker, may I address the Bill?"
"Proceed."
"Thank you, Mr. Speaker and Members of the House. I do believe that in the case of a pregnant teenager, it is important to say that there shall be more than twelve months for that person to decide that they were under severe pressure to give up the child for adoption. I think that over the age of eighteen, it is quite appropriate to put a twelve month limit on it, but I think that for girls who are under the age of eighteen, it would be appropriate to have longer time, perhaps twenty-four months and, I too, am concerned about the welfare of the child. But we're dealing with two children here. We're dealing with the child who is the mother and the child of the mother and I think a Conference Committee would be appropriate and I would ask for nonconcurrence on this Bill."
"Representative Vitek." 18 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981
"Thank you, Mr. Speaker. I move the previous question."
"The question is, 'Shall the previous question be put? Those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. Representative McClain, do you wish to close?" cClain: "Just for a second, just for an additional point, Mr. Speaker. I think I've said, the intent of the legislation, I would move for the concurrence of Senate Amendment #1 to House Bill 488. But there is one other issue I think we ought to look at. We have eleven or twelve thousand children right now in foster homes that cannot be adopted. The issue really ought to be, getting those children into adoptive families and getting them in the loving relationships. If we hold up the issue of fraud and duress, it's just one more issue that prevents or maybe harms the ability to adopt children and I think that's a legitimate issue and I ask you to support Senate Amendment #1 and concur with it, to House Bill 488."
"The Gentleman moves to concur in Senate Amendment #1 to House Bill 488. Those in favor will signify by voting 'aye' and those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Kucharski, 'aye'. Have all voted who wish? Take the record, Иг. Clerk. On this question there are 144 voting 'aye', 9 voting 'nay', 7 voting 'present', and the House does concur in Senate Amendment #1 to House Bill 488. For purposes of correction of the record. On House Bill 487, the House concurred in Senate Amendments 1, 3, and 4, to House Bill 487. That Bill having received the Constitutional Majority is hereby declared passed. House Bill 503, Representative Daniels. 503. Read the Bill, Mr. Clerk." 19 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day
June 29, 1981 "House Bill 503, a Bill for an Act to amend the Code of Criminal Procedures, together with Senate Amendment #1." :peaker Peters: "Representative Daniels."
"Mr. Speaker, Ladies and Gentlemen of the House. House Bill 503 permits photographs of property be admitted in lieu of physical evidence when the defendant is accused of theft, retail theft, deceptive practices. The Senate added an Amendment which, notwithstanding the provisions of Section (b), of the Act, a court may, if a Motion is filed within fourteen days of arrest, order the law enforcement agency to hold the property as evidence instead of using a photograph. This is an Amendment requested by some members of the Judiciary Committee in the House and it complies with their request and I would move for concurrence."
"Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment 1, to House Bill 503?' Those in favor will signify by voting 'aye', those opposed...those opposed by voting 'nay'. The voting is open. 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 153 voting 'aye', 2 voting 'nay', none voting 'present' and the House does concur in Senate Amendment #31 to House Bill 503, and this Bill having received the Constitutional Majority is hereby declared passed. House Bill 514, Representative Greiman. Okay? 514. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 514, a Bill for an Act to amend the Illinois Marriage and Dissolution of Marriage Act together with Senate Amendment #1." ¡peaker Peters: "Representative Greiman." ¡reiman: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The Senate put on an Amendment to this Bill which merely is explanatory and says that the evidence in the 20 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day ..in order..in June 29, 1981 a child custody action must be clear and convincing evidence and attempts to make the standard more difficult to change custody and make it clear that it's the intention of the Legislature that these actions not be on the usual manifest weight of the evidence or preponderance of the evidence, but that it be clear and convincing evidence. And that's what the Amendment does. I accept the Amendment and ask that we concur in Senate Amendment #1 to House Bill 514."
"Any discussion? Representative Zwick? Your light is on, Ma'am. Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 514?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. Did it print? Did it print? On this question there are 154 voting 'aye', 4 voting 'nay', 3 voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 514. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 525, Representative Peters. out of the record. House bil1 534, Representative Catania."
"House Bill 534, a Bill for an Act to amend the Illinois Marriage and Dissolution of Marriage Act, together with Senate Amendments #1 and 2."
"Representative Catania."
"Thank you, Mr. Speaker and members of the House. House Bill 534 provides that when a non custodial parent is found by the court to be delinquent in making child support payments and is ordered to make the child support payments, that parent will have to pay the custodial parents cost and attorney fees. The Senate put a clean up Amendment on that 21 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 to specify that it would be the exact amount of the custodial parents costs and reasonable attorney fees. And the Senate also put on the Amendment that was requested in the House on Third Reading, SO that the non custodial parent would not be subjected to this if this non payment had occurred because of cause or justification. This vas requested, as you may recall, by Representative John Dunn, and I would ask for your support." peaker Peters: "Any...excuse me, Ma'am, are you concluded? Any discussion? Representative Johnson." johnson: "What does the terminology, 'without cause or justification', mean?" atania: "As you may recall, in the debate on Third Reading on the House floor, it was pointed out that perhaps there would be some sort of hardship on the part of the non custodial parents, So that there really was genuine inability to pay. And in this case, if the court worked out some sort of plan so that the payment could be made, we would leave discretion to the court SO that they could...the court could decide whether these fees would have to be paid by that parent or not." ohnson: "Well, if that's what you meant, why didn't you say that?" atania: "Because you're a lawyer and I'm not. Glad you helped to clear it up." 'ohnson: "But you're the Sponsor of the Bill and I'm not. You drafted the Amendment and I didn't."
"No, I didn't draft the Amendment." ohnson: "The point is, Mr. Speaker and Members of the House...."
"The Amendments were drafted in the Senate, Representative Johnson, and I concurred in them." "The reason this Bill is a dangerous Bill, is exactly fohnson: this reason. If you have a parent who is delinquent in 22 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 child support, I agree like anybody else, that we ought to bring the weight of the law down upon them and they ought to have various consequences. But sometimes an individual has inability to pay beyond his means. In effect what we're doing, unless we can define this better, if we're going to allow a delinquent party or require a delinquent party to go to jail, pay attorney fees that he can't cost already and the ultimate source of all that payment is going to be public payment, because they haven't got any money. And at the same time we're punishing people who, through apparently, through circumstance beyond their control are unable to pay. We're going to cost the public at the same time, because we're requiring public monies to be paid to individuals who simply can't afford it. This is a boon for attorneys, it allows attorney fees, this is a pro attorney Bill SO I guess I should be for it on that stand point. It's unique to put attorney fees in this kind of thing and I just think it's a bad idea. And the effect of it is going to be that not only are the attorny's going to greatly benefit but....but the public is going to wind up paying the cost for everything. Unless they can define the terminology better than in Senate Amendment #2, I think the Bill and with its Amendment is a bad idea and it ought to be defeated. This Bill barely made it the first time."
"Further discussion? Representative Friedrich." Friedrich, D.: "Would the Sponsor yield?"
"She indicates she will." Friedrich, D.: "If a person is ordered by the court to pay child support and fails to do it, is that person not in contempt of court any longer?"
"Yes, they are in contempt of court now and this Bill doesn't change that. Representative Friedrich, the problem is, that even though they are in contempt of court, what 23 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 the person who has custody of the children has to do is go out and find an attorney and pay the attorney and when we passed this Bill on Third Reading the first time, as you may recall, I quoted a young woman from Quincy, who said, she had to pay her lawyer three hundred dollars to go to court and then she got two hundred and fifty dollars in child support and the court neglected to order that the absent parent pay the attorney fees and costs. So, yeah, they're in contempt but you still have to hire a lawyer." Friedrich, D.: "I thought contempt of court is a state charge though. Not...I thought it ceased to be a civil case and it was a criminal charge to be in contempt of court."
"But the problem is, you have to go and get a lawyer bring whatever charges you want to bring." Friedrich, D.: "Why should you have to get a lawyer to prosecute someone for a criminal case?"
"This is...." Friedrich, D.: "It's a criminal case at that point, isn't it?"
"This is in civil court, as you point out, Representative Friedrich, and states attorney's certainly don't want to be bothered with these kinds of cases. The reality is that the parent who has the children must go out and find a lawyer, and most lawyers don't even want to be bothered with these cases because they know that it is diminishing returns." Friedrich, D.: "Well, we better reorganize the courts if it's no longer any problem to be in contempt of court and the states attorney doesn't think it's any problem at all and the Judge doesn't want to put the guy a jail for contempt of court, then we better reorganize the courts. This is not a civil matter, it's a criminal matter."
"Well, Representative Friedrich, the experience is that no states attorneys will take these kinds of cases and we 24 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 end up having these people go on public aid and we have to pay. As it was pointed out yesterday, in a discussion on the floor here, Public Aid Department has a parent locaters service so that they can try and find these parents."
"Representative Catania, I believe the Gentleman is through. Representative Deuster." Deuster: : Mr. Speaker and Ladies and Gentlemen of the House, I rise in support to this concurrence. I think the Senate has added an Amendment which satisfies some of the concerns that were expressed and felt by House Members when this was passed. I believe, I spoke at that time, as one who does some divorce work. I know that it is very hard to collect money from the husbands, they may be out of work or they may be just dragging their feet and they may be mad. It helps....resolve the problem out of court rather than in court if you can tell the husband, look, if we go to court, I'm going to get my attorney's fees in costs. So, let's settle this out of court. Now, that does give a little leverage to the poor mother who is trying to get the money for the child support. Now, we also have to consider the husband who's unemployed or has some really good reason for not making the payments and I think the Senate Amendment, which say, the court can consider that his failure was without cause or justification. That satisfies the concern, the slight concern I had in my mind and I think other House Members do. I think the Senate has improved this Bill, which we have already passed and I urge concurrence with their Amendment."
"Representative Tate. Representative Tate."
"I move the previous question."
"The Gentleman moves the previous question. Those in favor signify by saying 'aye', opposed? The opinion of the Chair, the 'ayes' have it. Representative 25 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Catania, do you attention, please." Catania: wish to close? June 29, 1981 Give the Lady your "Thank you, Mr. Speaker. I ask for your support on this Bill."
"The question is, 'Shall the House concur in Senate Amendments 1 and 2, to House Bill 534?* Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 117 voting 'aye', 27 voting 'nay', 1 voting present' and the House does concur in Senate Amendments #1 and 2, to House Bill 534, and this Bill having received the Constitutional Majority is hereby declared passed. Representative Karpiel, asks leave to be recorded as voting 'aye'. Objection is made. Representative Karpiel."
"No, I was asked to vote for Representative Pullen, before she left the floor and I reached back and voted the wrong button. She wished to be recorded as voting 'no'."
"Well, there is objection. Representative Schneider."
"Mr. Speaker..."
"For what purpose do you rise, Sir?"
"On this matter."
"Yes."
"Mr. Speaker. I am one of the Members....I think we ought to have this clarified before we go much farther. We're down to the last three days and Miss Balanoff, jumped up and objected, I appreciate that and I especially appreciate it up to this time. Shortly, however, we will be going to Conference Committees which can meet simultaneously with the legislature while we sit and act. And I would like a clarification whether or not, at a point 26 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 when we are off the floor for a reason at least as obvious and legitimately as a Conference Committee Report, whether or not we're going to apply the same policy of refusing a Member, who's off the floor, to come back and be recorded. Now, I know the problem, I know the rules but I think we ought to take a good look at what we're doing. If we're going to conduct business in the House, we ought to take a reasonable attitude toward those Members who will eventually be off the floor, meeting in Conference Committee, and if you could, Mr. Peters, check with the Speaker and Minority Leader and see if we can clarify, somehow, the chance to be voted on occasions when we will be off the floor. I would appreciate your efforts on that part."
"I think your point is well taken, Representative Schneider. The rules, however, are clear on what the rule states. The Chair would ask the Members to be guided by what they consider to be conscience and understand that members at times are going to be off the floor. The Chair does not want to get embroiled between two Members who have a disagreement for personal kinds of reasons, that's not the position the Chair should be put in."
"Well, I'm going to chastise you for using the word, conscience, at this time of the year, Mr. Speaker."
"Representative Greiman, on this question."
"Well, Mr. Speaker, on a, for purpose of a very brief introduction. Merely that....the four Executive Officers of United 'Hellenic' Voters of America, headquartered in Chicago, with Chapters all over the state and in seventeen other states, are in the back gallery. 'Dr. Demetrius Kuriopolis, Sue Kuriopolis, John Kalas and Connie Sacaukus' are up here; United Hellenic Voters of Illinois. Thank you very much." 27 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981
"They have brought everyone 'bacclauva'. The Clerk shall... The transcribers, please do not ask me later how to spell that. House Bill 542, Representative J.J.Wolf. Representative Wolf in the chamber? 542, Sir? For what purpose does the Lady from Champaign arise, Representative Satterthwaite?"
"Mr. Speaker, going back to the other problem, objecting to vote changes. I believe the reason that my seatmate objected to having these vote changes today, vas because, yesterday inadvertantly, I voted her improperly when she was momentarily away from her desk. And she vas not given permission to change her vote, although she vas here and wanted to be recorded in a certain way. Were there vote changes made by written request yesterday?"
"There's a filed...a filed objection every day to any vote changes."
"Were they approved?"
"No."
"So, yesterdays were not approved?"
"There have not been any for...."
"For several days."
"Long time."
"I think my seatmate would remove her objection to those requests that were just made, if she could have assurance that she could have her vote changed yesterday on that one issue."
"Representative, I don't know if that can end up happening. The Chair does not want to lead you to believe that it can control what 176 other Members may end up saying. On that point, Representative Yourell."
"Yes, in order to clarify that point, Representative. I have filed a written Motion every day for the past thirty days as an objection to anybody changing their vote or 28 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 being added to the Roll Call once that Roll Call is announced as of that Calendar date. As you recall, there's been a great trend in changing votes, people can walk around with two different Roll Calls and say, I voted this way or that way. Now that doesn't concern me, that's your problem. What does concern me, I don't think it is right that people should be able to do that. Now, I'm concerning not filing that written Motion when we go into Conference Committee Report....Conference Committees because at that time, as you know, many Members will legitimately be off the floor. Now, there is nobody that has been absent from the House floor more than I have, and I have yet in my legislative career ever asked to change a vote because I wasn't here. If I'm sitting over in my office doing whatever I do over there, and if I'm not here to vote, that's my problem. And I have to suffer the consequences and I don't think anybody is any better or any worse than I am. So, I have continued to file that Motion, every single day for the past thirty days, and so that you have no fear, there have been no vote changes for the last thirty days of anybody in this House. But again, when we go to Conference Committees, I may not file that Motion because I think that's a legitimate reason to be off the House and able to change a vote."
"Representative Ewing on this point."
"Mr. Speaker, two things. The last Lady spoke for her seatmate, her seatmate is sitting there and as far as I know, has a voice, could speak for herself. Second, I think that the rules are clear and we should move on with the work of this House."
"That is what we are going to attempt to do, Sir. I think we can get a lot of this done, a lot more expeditiously and with understanding with the Members if 29 75th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 the Members would give those individuals speaking their quiet attention. The problem is not necessary, when two Members sitting along side one another are speaking but when they shout across the hall the microphones pick it up, the volume increases, then everybody else who wants to hear somebody else, volume increases and then no one can hear anything, including the Chair. Who is then accused of not recognizing or seeing someone. So, please give the Gentleman your attention. Representative Wolf, House Bill 542. Read the Bill, Mr. Clerk."
"House Bill 542, a Bill for an Act to amend various Acts relating to prisons and jails, together with Senate Amendments #1, 2, 3, 4, and 5."
"Representative Wolf." Wolf, J.J.: "Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. The Senate Amendment #1 increases the amount of person who is committed and gainfully employed, from five dollars to any amount not to exceed twelve dollars. The amount currently charged has not been changed since the 1890's and it reflects actual cost. The second Amendment allows the defendant who was sentence to a prison term in Illinois and is subsequently sentenced to a prison term in another state, to petition the court for sentence credits, on the Illinois term within thirty days of his release and also allows the court to sentence the defendant to serve his Illinois term concurrently in an out of state or Y Federal institution. That is an administration proposal which by error was not introduced during the Session. Amendment #3 allows the court to sentence persons convicted of any felony other than murder, Class 1, or Class X, to a term of periodic imprisonment to a county or municipal or regional correctional facility and increases the amount of time to be sentenced to ninety days. Amendment #4 allows 30 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 the hearing of cases by the Prisoner Review Board, of one member with the final decision to be membered by the regular three member panel and allows the Department of Corrections to revoke up thirty days of good conduct credit for infractions discovered within sixty days of schedule without a hearing before the PD...PRB. Amendment #5 removes the provisions relating to the good time accounted credits for a misdemeanor and the Department has no opposition in the Amendment. I would move that we concur with Senate Amendments 1, 2, 3, 4, and 5, to House Bill 542." ¡peaker Peters: "Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment....sorry, Representative Miller."
"A question for the Sponsor."
"He indicates he'll respond."
"Representative Wolf, Amendment #3, talks about the Judge sentencing the prisoner to a local facility as opposed to state penitentiary. It talks about the Department of Corrections reimbursing the local unit, if in fact, the prisoner is unable to do so. Do you know what the basis for their entering into an agreement would be? Is this something that's going to be mandated...strike the word, mandated, imposed upon the local or will this be arranged through some two party negotiations? What the reimbursement ratess is going to be? What I'm concerned about, Representative, is that the Judge sentences the prisoner and says, you're going to go the county jail and the county jail has to pay thirty dollars a day to keep the prisoner and the Department of Corrections is only willing to pay fourteen dollars a day. Who has to give in that sort of situation?" Jolf, J.J.: "I'm advised that if the court sentences for that 31 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 reimbursement and the reimbursement is in fact, thirty dollars, that they will pay the thirty dollars. Whatever, the amount is."
"Is that in the Bill, Sir?" Jolf, J.J.: "No, but I'm advised that they would certainly not violate the court order."
"Thank you, very much."
"Any further discussion? There being none, the question is, 'Shall the House concur in Senate Amendments 1, 2, 3, 4, and 5, to House Bill 542? Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Hr. Clerk. On this question there are 155 voting 'aye', 1 voting 'nay', 2 voting 'present', and the House does concur in Senate Amendments 1, 2, 3, 4, and 5, to House Bill 542. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 559, Representative Hoffman. Read the Bill, Mr. Clerk."
"House Bill 559, a Bill for an Act to amend an Act to create a Commission to survey and study problems pertaining to the public schools, together with Senate Amendment #1."
"Representative Hoffman."
"Thank you, Hr. Speaker, Ladies and Gentlemen of the House. I rise to ask your concurrence in Senate Amendment #1 to House Bill 559. Senate Amendment #1 gives the Commission the authority to accept monetary gifts or grants from the Federal Government or Federal Agency, Charitable Foundation or Professional Association, for the implementation of any program necessary or desirable to carry out the purposes of the Commission. We have recently received a grant to the National Conference of State 32 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Legislators, to...pursuant to a June 29, 1981 proposal to do and....equity, study in regard to school finance. This Amendment to the Commissions statutory authority will clarify the acceptance of that grant and I would move for your concurrence of this Amendment."
"Any discussion? Representative Schraeder."
"Thank you....thank you, Mr. Speaker. Representative Hoffman, I'm not quite sure and I don't want to be against your Bill, if it's a good Bill. But, is this giving added duties to the School Problems Commission? Or is this a new Commission?"
"This is not a new Commission, this is not added duties, it's merely added authority to accept support for doing those responsibilities that we're already charged with."
"Thank you, very kindly."
"Any further discussion? Representative Schneider."
"Sorry to do this, but I have a question. Has this the direct re....can you receive money directly from the Federal Government for the Commission? Has to be appropriated by us?"
"Representative Swanstrom and Hallock. Gentlemen...Gentlemen, please don't...at least don't stand between the two Gentlemen speaking. It picks up on those other microphones. Proceed, Sir."
"The money does not come from the Federal Government, it comes from the Conference.... National Conference of State Legislators." Schneider: 'Thank you, very much."
"Representative Ropp."
"Yeah, thank you, Mr. Speaker. I have a question to the Sponsor. When these monies would be given, does that mean that the Commission is free to use them any way they want 33 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 to or would the giver say, this is how we would like those monies used."
"The monies are....to which I refer, are given pursuant to a proposal that they've agreed to....that they've agreed to fund with us. The purposes are already defined."
"Thank you."
"Representative Friedrich." Friedrich, D.: "Would the Sponsor yield? About how much money are we talking about, Representative Hoffman?"
"In this particular case, we're talking about ten thousand dollars to..." Friedrich, D.: "And the other question, would that be subject to audit when your Commission is audited?"
"Yes." Friedrich, D.: "Thank you."
"Everything is. We've got the cleanest act in town."
"Further discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 559? Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 150 voting 'aye', none voting 'nay', 1 voting 'present', the House does concur in Senate Amendment 1, to House bill 559. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 566, Representative Yourell. Read the Bill, Mr. Clerk."
"House Bill 566, a Bill for an Act to amend the School Code, together with Senate Amendment #1."
"Representative Yourell."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this Bill when it was originally introduced, 34 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 provided that the levy for special education, buildings and school districts with an eight year limitation. Could only be used...that was the way the Bill was, it could only be used for building purposes. It seems to me and to special ed. people and all of the school districts that I've talked to, believe that that money should not lie there unused, when they have a great need for money. And most of the school districts, as you know, have already completed their commitment for buildings for special ed., but they do have need of these funds for other purposes. As long as they still relate to special ed. And, so I introduced the Bill and Senate Amendment #1, keeps the Bill pretty much as it is, it still retains the eight year limitation and says that, any funds left in that fund that has been levied previously, this time cannot be used unless there is a referendum. And I, perhaps agree with that. The other part of the Amendment says that, any new funds that would be levied, would not require a referendum. So, I agree with that, I've talked with the special ed. people, Ed Redd, and the rest and the school districts and they are all in favor of this, Senate Amendment #1 to House Bill 566, and I move concurrence."
"The Chair would again ask the Members, if there are protracted conversations, if they would just step to the rear, it would help an awful lot. Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 566?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question, Representative Davis."
"Mr. Speaker, I punched the wrong button by mistake. May 35 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day I be recorded 'no', please?" June 29, 1981
"The Gentleman asks leave to be recorded as 'no' on this Roll Call. Are there objection? There's objection. On this question there are 139 voting 'aye', 13 voting 'nay', none...."
"Well, Sir, I understand that there's objection to changing votes after the Roll Call is taken, but it has not been taken. I simply request my vote be changed from 'aye' to 'no'."
"Representative, the board is locked, I don't know how we do that. Oh my goodness, are we going to get into this now. Let's have a Committee of four people sit down and decide how to handle this. 'Daisness', this is not the most important, earth shaking Bill in the world. On this question there are 139 voting 'aye', 13 voting 'nay', none voting 'present'. The House does concur in Senate Amendment #1 to House Bill 566, this Bill having received the Constitutional Majority is hereby declared passed. Representative Getty, on whatever point, regarding these changes."
"Well, Mr. Speaker, maybe that's a good idea but I just rise because Representative Davis, I believe in all honesty, is entitled before the announcement of the vote to have his vote recorded the way he wants to have his vote recorded. We have a lot of Bills going through here, Mr. Speaker...."
"Representative Getty, I'm not going to make any objection, if people just don't get up and object we'll make the change. It's not the Chair that decided that, the vote was locked."
"No, Mr. Speaker, I want to distinguish between that situation and a situation where the vote has been declared. Where the vote has not been declared, Mr. Speaker, I 36 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 respectfully suggest, a Member is entitled to have his vote recorded the way he wants it...."
"Representative Getty."
"Only if the Speaker has declared it..."
"Fine."
"That the objection would prevail."
"Representative Getty, in all due respect, I suggest that you and someone from our side of the aisle sit down and write about three, four rules which will guide the Chair and I'll be happy to do whatever the Assembly decides. Representative Yourell."
"Yes, again...perhaps I ought to read the Motion. I move to object to any change of vote or addition of any names to any Roll Call once that Roll Call has been announced as of this calendar date. So, that is very clear in the objection. After the Roll Call has been announced, you can't change your vote but until it has been announced you have all the time in the world, as long as you get up and say so."
"Representative Ewing. Representative Davis." avis: "Well, Mr. Speaker, let's everybody calm down. Representative Getty is completely right, I had the...under the House Rules, specific authorization to change my vote before the vote was taken. I don't care. It doesn't make any difference. So, let's just go on with the business and everybody calm down."
"Fine. Everyone is at their switches, voting where they're supposed to be at the time, we'll be in good shape. House Bill 567, Representative Jaffe. Read the Bill."
"House Bill 567, a Bill for an Act to amend the Illinois Insurance Code, together with Senate Amendments #1 and 3." 37 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE /5th Legislative Day
"Representative Jaffe."
"Hr. Speaker, Members of the House. June 29, 1981 There are two Senate Amendments on House Bill 567. I'm going to move to nonconcur in Amendment #1 and I will move to concur in Senate Amendment #3." peaker Peters: "The Gentleman moves to nonconcur in Senate Amendment #231 to House bill 567. Those in favor will signify by saying 'aye', opposed 'nay, the House nonconcurs in Senate Amendment #1. Representative Jaffe on Senate Amendment #3." affe: "Senate Amendment 3, talks about uninsured coverage and asks that no insurance carrier shall require the insured to commence legal action against the owner or operator of an uninsured motor vehicle before negotiation and settlement with the carrier. And if the insured agrees to commence such action, at the request of the insurance carrier the carrier shall pay to the insured before such action is commenced All court cost, jury fees and sheriff's fees arising from filing of such action. And I would move το concur in Senate Amendment 3." peaker Peters: "On that question, Representative Schuneman."
"A question of the Sponsor, Иг. Speaker. Representative, what's the purpose of Senate Amendment #3? Why is that needed?" affe: "Well, I think that the purpose of Senate Amendment #33 is to protect the consumer. Basically what it says, as I indicated, is that where the insurance company requests that a policyholder file an action on their behalf, that they pay the court cost, jury fees and Sheriff fees. So, in other words, if they have that money to have so they don't have to put that out of their pocket."
"Do you know of any instances where that's not being done now?" 38 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 affe: "I don't know of any instances myself, Sir, but I understand that the Senate debated this quite heavily and they did know of some instances."
"But you don't know of any instances where it's being done?"
"No, I told you, I do not know of any instances." chuneman: "Well, I don't think I particularly object to the Amendment, I'm just wondering why we're doing it. Because I think it is absolutely procedure now, as far as I know, it's always done under our current law. It looks to me like we're kind of cluttering up statutes with things that don't need to be in there, but, I have no objection I guess." affe: "That's why I'm moving for concurrence." peaker Peters: "Further discussion? Representative Epton." pton: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. In response to my colleagues question. The fact is, in several situations the insure or the insured has no desire to file litigation because of the fact that the wrong doer may be impoverished or be unknown, sometimes a statute may intervene and in order to protect the rights of the insurance carrier who has greater resources, they have in the past asked the insured to file a litigation. This in effect corroborates with Representative Jaffe, as indicated and I would suggest that we do concur." peaker Peter: "Representative Topinka. Your light is on. Representative McCormick, shut off Representative Topinka. Further discussion? If not, the question is, shall Amendment 3, we are only on the Amendment. 'Shall the House concur in Amendment 3, to House Bill 567?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Take the record. The Senate...the House does concur in Senate 39 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 Amendment 3, to House Bill 567. 159 'aye', none voting 'nay'. Representative Friedrich, do you wish to....on what point, sir, your light is on. House Bill 572, Representative Deuster. Read the Bill, Mr. Clerk." lerk O'Brien: "House bill 572, a Bill for an Act to amend the Juvenile Court Act, together with Senate Amendment #1."
"Representative Deuster." 'euster: "Mr. Speaker and Ladies and Gentlemen of the House, I'm urging concurrence with Senate Amendment #1 to House Bill 572. House Bill 572, as we passed it, simply clarified, made clear that a Judge may order detention of a juvenile for thirty days and combine that order with other orders such as probation, conditional discharge or release and so forth. The Senate Judiciary Committee chose to use this Bill as a vehicle for a small emergency matter that was confronting...that is confronting the Cook County States Attorney. Amendment #1 that the Senate Judiciary Committee and the Senate added, changes the definition of parent. As you may know, when a juvenile is arrested, the parents must be notified. Quiet often it happens that the mother is known and she has no idea who the father is. And so, they must publish in those cases which causes a long delay...it slows down the processes of justice and is an inconvenience for everyone, so this Amendment changes the definition of parent to say, the father or mother of a legitimate child or the mother of an illegitimate child and then also, the father of an illegitimate child whose paternity has been established in a court of law or who has been acknowledged by the mother in the community as the father. This was, as I say, suggested by the States Attorney of Cook County to solve what they view as an emergency problem. I'd be happy to answer any questions, I urge concurrence with Senate Amendment #1." 40 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981
"Any discussion? Representative Getty."
"Mr. Speaker, will the Gentleman yield?"
"He indicates he will."
"I do not rise in opposition, I support what is intended here. However, I don't know how you would define in the words which say, has been established in a court of law or who has been acknowledged by the mother and the community. How does the community acknowledge, and what is your specific legislative intent there? What sort of standards would be required in order to determine that the community has acknowledged?" euster: "That's a very good question, Representative Getty. It is my understanding that the legislative intent here, is that where the fact that a father is the real father of the child, is sort of well known. We don't in legislation...it's not possible to spell out all the different circumstances but, if it is known that the father takes the child to the ball game and that sort of thing, and the mother acknowledges. So, we're trying to set forth two instances where the illegitimate....the father of the illegitimate child would be notified, one where if he's been, the paternity is established in court and secondly, where the mother says, this man is the father and everybody knows it. Something like that, and of course it is....this is something that will have to be interpreted by the courts on a case by case basis, but the intention as I understand it, is to express in some way that the mother says, 'that's the father, this person is the father and it is in some...to some degree well known in the community." etty: "Well, I suppose the standard is one similar to that, when we use the words, open and notorious, relating to certain acts and this would be similar to that. Is that the concept, Representative Deuster?" 41 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981
"Somewhat similar but not the same perfect analogy, no it's...open and notorious, well known, yes."
"Thank you."
"Further discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House bill 572?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 159 voting 'aye', none voting 'nay', and 2 voting 'present'. This Bill having....the House concurs in Senate Amendment #1 to House Bill 572 and this Bill having received the Constitutional Majority is hereby declared passed. House Bill 576, Representative Alexander. Read the Bill, Mr. Clerk."
"House Bill 576, a Bill for an Act to amend the Criminal Code, together with Senate Amendment #1."
"Representative Alexander."
"Thank you, Mr. Speaker and to Members of the House. House Bill 576 amended the Criminal Code by changing the penalty for harassments of jurors or witnesses from a Class A misdemeanor to a Class 4 felony. I rise to concur in Senate Amendment #1, which increases the penalty for voluntary manslaughter from a Class 2, to a Class 1 felony. This Amendment will correct what seems to be a deficiency in the sentencing instructure for murder. I ask for your favorable Roll Call."
"Any discussion? Representative Cullerton."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. We need this change in the criminal law for two reasons. You have to understand present law to appreciate why we need this change. Let us say that a miracle occurs and tomorrow we adjourn early, at say, 12:00 o'clock and 42 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 you decide that you want to go home and surprise your spouse. And you get home and you find out that your spouse has a surprise for you. Your spouse is there with someone of the other sex and of course you find them together, you all reach for your handguns that I know you all have to keep for your own protection and you shoot, at either your spouse or the other person that's there. Now if you miss, if you miss, you will be charged with on attempt murder and it's a Class 1 felony and if you're found guilty you can't get probation. However, if you're a good shot and you kill either one of those two, or both, you will be found guilty of voluntary manslaughter and that's only a Class 2 felony and you will get probation...or could get probation. There is a second reason why we need this change. We passed a Bill out of here, sponsored by Representative Smith, it makes...it increases the penalty for residential burglary to a Class 1 Felony that is not probationable. And, I think, and I think you would agree with me, that we should make killing somebody almost as serious as stealing a bike out of somebody's garage. Because even now with this change, when you kill someone and are found guilty of voluntary manslaughter, you can still get probation. You can't, however, if you steal a bike out of an attached garage. So I think it would be a good idea if we would be consistent. Even though some Bills are sent to the Judiciary III Committee and there are some inconsistencies. By the time we are through before we go home on June 30, we probably should make the law consistent as best we can, and I would ask for an 'aye' vote on this concurrence."
"Any further discussion? The question is 'Shall the House concur?' There being none, the question is 'Shall the House concur in Senate Amendment #1 to House Bill 576? Those in favor will signify by voting 'aye', 43 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 those opposed by voting 'nay'. The voting is open. Have all voted who wished? Have all voted who wished? Have all voted who wish? Okay, take the record, Mr. Clerk. On this question there are 164 voting 'aye', one voting 'nay', none voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 576. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 580, Representative McMaster. Read the Bill, Mr. Clerk."
"House Bill 580, a Bill for an Act to amend the Nursing Home Reform Act together with Senate Amendment #1."
"Representative McMaster."
"Thank you, Mr. Speaker. I move to concur in Senate Amendment #1 which is purely technical as far as the changes that they made in that Bill over in the Senate. I might say this Bill passed out of the House, I believe, 147 to three."
"Is there any discussion? There being none, the Gentleman...the question is 'Shall the House concur in Senate Amendment #1 to House Bill 580?' Those in favor signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Changes, mistakes, errors. Have all voted who wish? Take the record. On this question there are 155 voting 'aye', none voting 'nay', three voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 580, and this Bill having received the Constitutional Majority is hereby declared passed. House Bill 598, Representative Chapman. Read the Bill, Mr. Clerk."
"House Bill 598, a Bill for an Act to amend the Illinois Pension Code together with Senate Amendment #1."
"Representative Chapman."
"Mr. Speaker and Members of the House, 598 is a pension 44 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE .5th Legislative Day June 29, 1981 Bill that the Pension Laws Commission supports. It corrects a problem that was developed through a Bill passed last...two years ago, I'm sorry, 1979 affects just a handfull of teachers who are members of the downstate teachers' retirement fund. The Amendment put on in the House deals with a small number of firemen and again has a fiscal impact that is such that no one opposed the Bill in the House. The Senate Amendment merely limits more, additionally, the part of the Bill relating to firemen by...restricts it even more by providing that these downstate firemen who wish to join the pension fund again would not only pay their own share, but would pay double the amount that the village would....the municipality would put in. I move concurrence." peaker Peters: "Any discussion? There being none, the question is...I'm sorry. Representative Bluthardt." luthardt: "I wonder...Thank you. I wonder if the Sponsor would yield for a question."
"She indicates she will." luthardt: "We're talking about allowing downstate firemen into the pension from 1950 to 1965. Does that include the voluntary firemen?" hapman: "No, Sir." luthardt: "Well, it also mentions that if they serve both in the fire and police department. Wouldn't that be voluntary firemen who serve in both the fire and police department?" hapman: "I understand this is a handfull of firemen who were laid off because of consolidation between police and fire departments." luthardt: "And then later on got back as firemen. Is that it?" hapman: "And later on were recalled as firemen. Yes, Sir." 3luthardt: "But it does not cover voluntary firemen." hapman: "It does not cover voluntary firemen." 45 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day luthardt: "Alright, thank you."
Speaker Peters: "Further discussion? June 29, 1981 There being none, the ques...there being none, the question is 'Shall the House concur in Senate Amendment #1 to House Bill 598?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open."
"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 147 voting 'aye', four voting 'nay', three voting 'present', and the House does concur in Senate Amendment #1 to House Bill 598. And this Bill having received the Constitutional Majority is hereby declared passed. Just again for purposes to make certain that the record is clear. The vote on this question is 147 voting 'aye', four voting 'nay', and three voting 'present', and the House does concur in Senate Amendment #1 to House Bill 598. This Bill having received the Constitutional Majority is hereby declared passed. Ladies and Gentlemen, just an announcement now in terms of one procedure we will follow on the vote changes. The Motion's made by Representative Yourell and all other rules pertain. If a Member votes, and before the Roll Call is announced, wishes to change his vote, that vote change is properly put to the Chair, and that Member may change his vote and it does not stand to the objection of any other Member. Purposes of the record and for purposes of the Members of the Assembly who may, in fact, later check on Roll Calls, the Chair suggests that in some way the Clerk put some identifying symbol that the circled changes were made before the final vote was taken and not after the Roll Call was announced. So that satisfies the standing Motions before the House made by Representative Yourell, and that also satisfies the right of any Member to object to a 46 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day change in vote Any question? ourell: June 29, 1981 by a Member once the Roll Call is taken. Representative Yourell." "So that I understand this properly, a vote that is taken today on Third Reading, the Roll Call is announced. Tomorrow somebody wakes up to the fact that that is not how they wanted to vote, never intended to vote, SO then the Clerk will be instructed to put a circle..." peaker Peters: "No, no, no, Sir. No. Let me repeat this again. If we go...if we are now on a particular vote and the vote comes out 150 to nothing to nothing, and before the Chair announces at that point that Roll Call, Representative Yourell, you rise and say, 'I wish to change from 'no' to 'aye', that change will be accepted by the Chair because the official vote has not as yet been announced. Alright, and that will be noted on the record, and then the official vote will be announced. Once the official vote is announced, no changes will be allowed pertain....as per your Motion and as per the right of every other Member to object to a change in the vote once the vote has been announced. Okay?. Representative Matijevich."
"I have no problem. You said it right. The first time you didn't exactly say that." peaker Peters: "Well, Representative, let me just indicate for the record what the Chair was very... Gentlemen, so we know where we're at on this, Ladies and Gentlemen. What the Chair was very much concerned about so that...is this, that a ...the Clerk's office ΟΙ the Members do not get into problems with one another for people who may be looking at Roll Calls and wondering why a Roll Call is circled or not. That is why the Chair also suggests to the Clerk's office that there be a notation placed that that change was made before the Roll Call was announced, and that certainly also will be journalized so that the tapes will have that 47 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 change. To protect the Members and to protect everybody else."
"Mr. Speaker, I just want to make it clear the first time you said even though it hadn't been finally recorded, we had to get permission if somebody objected. But you said it right the second time. We have the right to change as long as it's not recorded. Thank you."
"Representative, if I might just...just so that again that the Members have some understanding of what transpires, the Chair acted incorrectly in regard to the request made by Representative Davis. The Chair acknowledges that it acted incorrectly. However, the Chair also asks the Assembly to understand, and I am sure Representative Davis does, that at that point, there were about 14 lights flashing, and what the Chair did not want to get involved in is a very prolonged discussion that could carry over into a heated situation in regard to the other Bills. So at that point the Chair decided it was the better part of valor for the Chair to take the heat with the understanding of Representative Davis, and then we get it straightened out. Any further discussion on this? Representative Friedrich." riedrich: "Well, just one further point, Mr. Speaker, and that is it has been the custom in the past and particularly when there have been verifications, that any time until the Chair said, 'And this Motion is carried', and so on, even though you had at some point in time said the vote is now 80 to 22 or something else, I think it is not finalized until you say the vote is so and so and the Motion is carried or lost. I think that is the point at which you have no right to change your vote." peaker Peters: "And that is the point...that is exactly the point we addressed to and now are in general agreement and 48 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day understanding on." ciedrich: June 29, 1981 "Except that you may say the vote is 10 1 to 40 and until you have said the Motion is carried or lost, then I think you still have that right because that is..."
"That is exactly, Representative Friedrich, what the Chair said. You are restating what I said. For the last time now, please listen. We're going to go through this 15 times. A Member has a right to ask the Chair to have his vote changed so long as the Chair has not announced the final vote on that piece of legislation, period. Up to that point, Representative Yourell's Hotion pertains, and after that point, the right of every Member to object to any other Member's right to change also pertains. Are we settled now? Thank you. House Bill 623, Representative Friedrich, read the Bill."
"House Bill 623, a Bill for an Act to..." "Representative Friedrich." Deaker Peters:
"Would you take that out of the record?"
"Out of the record. House Bill 654, Representative Alstat. Out of the record. House Bill 663, Representative Christensen. Read the Bill, Mr. Clerk."
"House Bill 663, a Bill for an Act to amend the Illinois Municipal Code together with Senate Amendments #1 and #3."
"Representative Christensen." aristensen: "Thank you, Hr. Speaker. I move that we concur with Senate Amendments #1 and 3 OD 663. Senate Amendment... Senate Amendment #1 provides that in a population of 10,000 or less, a member of the governing body ma y provide materials, merchandise, et cetera, providing there is no other place in a municipality where it can be obtained. And Amendment #2 simply provides that it is possible for a Member of our governing body to serve 49 ith Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 as a volunteer fire department. Excuse me, #1 and 3."
"Representative Christensen. Any discussion? There being none, the question is 'Shall the House concur... Shall the House concur in Senate Amendments #1 and 3 to House Bill 663?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 124 voting 'aye', 25 voting 'nay', five voting 'present', and the House does concur in Senate Amendments #1 and 3 to House Bill 663. And this Bill having received the Constitutional Majority is hereby declared passed. House Bill 694, Representative Levin. Read the Bill, Mr. Clerk."
"House Bill 694, a Bill for an Act to amend the School Code together with Senate Amendment #1." peaker Peters: "Representative Levin."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House. I move that the House concur in Senate Amendment #1 to House Bill 694. House Bill 694 deals with the due process appeal procedure for special education. And Amendment #1 makes a few technical changes, one of which is to cut down the specified time period for petitions for rehearing so that the procedure will not be dragged out. A second provision was requested by the State Board of Education to clarify that when a decision is final and a third provision relates to fees. I move that the House concur."
"Any discussion? There being none, the question is 'Shall the House concur in Senate Amendment #1 to House Bill 694?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all 50 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 voted who wish? Take the record, Mr. Clerk. On this question there are 159 voting 'aye', three voting 'nay', two voting 'present', and the House does concur in Senate Amendment #1 to House Bill 694, and this Bill having received the Constitutional Majority is hereby declared passed. House Bill 723, Peters, out of the record. House Bill 72... House Bill 725, Representative Miller. Read the Bill, Mr. Clerk."
"House Bill 725, a Bill for an Act to amend the Inheritance and Transfer Act Law together with Senate Amendments #1 and 2."
"Representative Miller."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would move to nonconcur in Senate Amendment #1."
"Representative Miller."
"Mr. Speaker, I move to nonconcur in Senate Amendment #1 to House Bill 725."
"One and two, Sir?" iller: "Just one."
"The Gentleman moves to nonconcur in Senate Amendment #1. Those in favor will signify by saying 'aye', opposed. The 'ayes' have it. The Senate does not concur... The House does not concur in Senate Amendment #1. Representative Miller." filler: "I would now move that the House concur in Senate Amendment #2. Senate Amendment #2 alters the provisions of the law so that the Attorney General must consent to the transfers only of assets over $15,000 in a financial institution. This would relieve the heirs of small estates of burdensome and bothersome paper work in obtaining their bank funds shortly after a decedent's death. Most states and the federal government who, of course, collects a lot more estate tax than we collect inheritance tax, do not now 51 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 freeze any of the bank accounts, and I think Illinois should stop freezing these small accounts. I would move for the concurrence of Senate Amendment #2. ....Questions." peaker Peters: "Any discussion? Representative Jones. Representative Jones, your light is on, Sir. Representative Bowman."
"Yeah, would the Gentleman tell us if there is any fiscal impact from Senate Amendment #2?" iller: "Yes, Representative. The Attorney General's office has estimated that it could be a range of 0 to $3,000,000. It is impossible for them to accurately predict, but they think the cost would be this nominal sum."
"Okay, I mean, it is hard to estimate, I understand, because we can't exactly predict who is going to die, and how rich they're going to be, and what they are going to leave, and to whom, but the...nonetheless, I just wanted the Body to understand that there may be a fiscal impact of this, and you suggested it could be as high as $3,000,000?" iller: "That is correct. Between 0 and $3,000,000."
"Thank you." peaker Peters: "Any further discussion? Representative John Dunn." unn: "Thank you, Mr. Speaker. Just to call attention to the Members that by nonconcurring on the previous Amendment, we may send this Bill to Conference Committee, and it could come back with the repeal of the inheritance tax on it." peaker Peters: "Further discussion? There being none, the question is 'Shall the House concur in Senate Amendment #2 to House Bill 725?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 158 52 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ,5th Legislative Day June 29, 1981 voting 'aye', none voting 'nay', four voting 'present', and the House does concur in Senate Amendment #2 to House Bill 725. House Bill 744, Representative Stearney. Out of the record. House Bill 752, Representative Leverenz. Come back to it. 742, Representative Leverenz."
"House Bill 752, a Bill for an Act to amend the Illinois Vehicle Code together with Senate Amendment #1." peaker Peters: "Representative Leverenz."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill... I'm sorry, House Bill 752 dissolves the Governor's Traffic Safety Coordinating Committee. It transfers those duties to the Secretary of Transportation. The Senate Amendment that we are concurring in, or I ask your concurrence in, would provide that accident reports produced by the Department of Transportation remain confidential, that they can only be used for statistical research and studies. I would ask that you concur in Senate Amendment #1."
"Any discussion? Representative Schuneman." chuneman: eman: "Question about the reports, Representative. I just became aware of this Bill and the Amendment, but I am concerned as to the affect this may have on financial responsibility law and the way it is operating now. Do you know what the answer to that might be?" everenz: "Yes, in fact, I do. It does not do anything in terms of harm or covering those reports. Those may be furnished to the Illinois Commerce Commission and to the Secretary of State. The fact is then, any other use must remain confidential in terms of individual name, and it can only be used for statistical research."
"The Department of Transportation, when they receive accident reports, have in the past given no priority to the use of those reports for the operation of the Financial 53 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 Responsibility Act. In fact, they throw them all in a big basket, and it appears to me that they were at least equally interested in their statistical uses as they were in trying to implement the financial responsibility law. Does this affect that situation in any way? Does this...would it reduce the priority of the financial responsibility reports?" everenz: "Not that I know of. This deals with those reports as they leave the Department of Transportation and go to other agencies." chuneman: "For other purposes. Thank you." peaker Peters: "Further discussion? Representative Levin." evin: "Will the Gentleman yield for a question?"
"Of course." peaker Peters: "He indicates he will." evin: "Who fills out these reports? Who does them? Are they done by the State Police?" everenz: "They are..." evin: "Pardon."
"Listen up. They are filled out by individuals and sent to the Department of Transportation on accidents." evin: "What individuals? The police officer on the scene?" everenz: "I said they are filled out by the individuals, not the police, and sent to the Department of Transportation." peaker Peters: "Further discussion? There being none...there being none, the question is 'Shall the House concur in Senate Amendment #1 to House Bill 752?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 156 voting 'aye', none voting 'nay', none voting 'present', and the House does concur in Senate Amendment #1 to House Bill 752. 54 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day This Bill having hereby declared June 29, 1981 received the Constitutional Majority is passed. Backing up one, House Bill 744, Representative McAuliffe for Representative Stearney. Representative McAuliffe. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 744, a Bill for an Act to amend the Regulatory Agency Sunset Act together with Senate Amendment #1."
"Representative McAuliffe." cAuliffe: "I move for concurrence with Senate Amendment #1."
"Any discussion? There being...Representative John Dunn."
"Just stalling for time, Mr. Speaker, trying to find an analysis about what this is. Can we have some explanation and find out what we're doing here?"
"Representative McAuliffe." cAuliffe: "Senate Amendment #1 is an Amendment that Senator D'Arco worked out with the Governor's office to take out some of the things the Governor objected to such as regulating wrestling matches."
"Representative Dunn. Representative Bowman." `owman: "Thank you very much, Mr. Speaker. Is this not the Bill that now has a Senate Amendment that creates the boxing...what is it, a Commission?" cAuliffe: "... The board under the direction of the Department of Registration and Education to regulate boxing." owman: "Okay, So now...now didn't the Sunset Commission recommend that we do away with this particular form of regulation?" cAuliffe: "They did, and the House didn't agree with them, neither did the Senate, neither does the Governor." owman: "Yeah, okay, well, I would...well, I am glad you pointed that out, because I would like the Members of the House to be aware of some of the provisions in there that they were 55 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day not June 29, 1981 properly debated the last time this came up in another form. Does this legislation not have requirements in there about the minimum number of employees that have to be hired by this outfit?" cAuliffe: "No, that was all take out. That's a Senate Amendment #1 if you care to read it, Representative. It's all taken out." owman: "That was all taken out. I see." icAuliffe: "It's all taken out."
"But they still will be paying people to go see boxing matches?" cAuliffe: "They pay the inspectors to go there. Yes. They wouldn't go for free." towman: "Okay, however, there is no limit on the amount of inspectors that can go see these boxing matches at the state's expense. Right?"
"Well, that's not right. There's only five Members of the Board. So no more than five could go."
"Well, I believe the legislation does not restrict the attendance at say, the expense to Members of the Board." cAuliffe: "I did't understand that." :owman: "I don't believe the legislation restricts attendance at these boxing matches at the taxpayers' expense to the Members of the Board only." 1cAuliffe: "It does too. The only ones that can go for free are Board Members." lowman: "Well, Mr. Speaker, Ladies and Gentlemen of the House, it seems to me that we have a recommendation from the Sunset Commission that we get out of this business. The public health, welfare, and safety does not require this, and I don't see why we should be sending anybody to boxing matches at the taxpayers' expense. If they want to go see a boxing match, let them pay for it like everybody else." 56 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981
"Good, we'll make sure you're never invited. I move for concurrence." peaker Peters: "Representative Pierce, Representative Pierce." 'ierce: "Will the Gentleman yield to a question?"
"He indicates he will." 'ierce: "I think, I know Representative Currie and I did not sign the Sunset Committee's report to abolish all regulation of boxing, and so in a way, I commend you, Representative McAuliffe, for your thoughtful and sensitive attempt to keep some regulation of boxing and keep people regulated. I just wonder why we have to license seconds and timekeepers and what qualifications they must have, what schools they attend, universities, and what requirements there are to be licensed as a second or a timekeeper which this Amendment does call for?" :peaker Peters: "Representative McAuliffe." cAuliffe: "I sat in on the meetings with the Governor's staff and the people from the Senate and the people from the Board, and the explanation was they license them because many times the fighters will have cuts close to their eye and it could be dangerous, and the seconds are there to stop the cuts and to try to give them as much medical aid as is allowed. And it could be dangerous if they someone in there who didn't know what he was doing, put the wrong solution in somebody's eye." 'ierce: "But the physicians are not licensed under Senate Amendment #1." cAuliffe: "The physician...they are going to appoint a physician to the Board, and he is going to be expected to come to all the fights." 'ierce: "Well, the Sunset Committee did recommend that we license the event and not all the seconds, timekeepers, referees, and so on and so forth, but I see what you're... you are 57 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 trying to keep this sport honest and...as it always has been in the past, of course, under licensing, and to keep it above reproach. So I see what you intend to do. But I think we're licensing too many people, and I intend to vote 'present'"
"Representative Collins."
"Well, thank you, Mr. Speaker and Ladies and Gentlemen of the House. I think that this Bill as now written is emminently reasonable. I think that anybody familiar with the sport of boxing would realize that it is a sport that's honest........in the State of Illinois. fact, nationwide. We're seeing more and As a matter of more boxing. We're seeing We're seeing more and more boxing promotions. more and more of it on television which adds to the popularity of the sport. And if there is one sport that there has been insinuation that there has been criminal influence, it is in the sport of boxing which underscores the need for proper regulation and supervision over the sport. I think that this is something that is needed and is a good Bill. As far as licensing seconds and timekeepers, this is as important as licensing referees. The timekeeper by shortening or lengthening of a round could contribute greatly to the outcome of a fight. And, of course, the seconds are working on people who have been...have been injured, are bleeding, and have to...you have to close cuts and administer to people who have been hurt. So, I think this is an excellent Bill, one that deserves our support. And as Representative McAuliffe pointed out, there is nobody going to be going to free fights. There is five people who could go to the fight in their official duties. And that certainly is little enough. And in closing, I would only say that I think in light of recent events, it is quite proper that this 58 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 licensing of boxing should come from the Senate."
"Representative Ronan. Representative Ronan." tonan: "I move the previous question on this fine concurrence Motion." ¡peaker Peters: "The question is 'Shall the previous question be put? Those in favor will signify by saying 'aye', opposed. In the opinion of the Chair, the 'ayes' have it. Representative McAuliffe to close."
"Well, I just simply ask...ask to have the House move....to concur in this." ¡peaker Peters: "The question is 'Shall the House concur in Senate Amendment #31 to House Bill 744?* Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Representative Currie to explain her vote."
"Thank you, Mr. Speaker and Members of the House. I did dissent from the Sunset Committee report, but not because I thought there was any need for us to reinstitute the boxing...the Athletic Boxing Commission that is the substance of House Bill 744. When we passed Sunset we said we wanted to end unnecessary government regulation, and House Bill 744 creates, again, unnecessary government regulation. I think we ought to have a lot more 'no' votes on that board if we really want to go home and tell our people that we are getting government off the backs of the people." ¡peaker Peters: "Have all voted who wish? Have all voted who wish? Take the record, Hr. Clerk. On this question there are 113 'aye', 43 'nay', seven voting 'present'. And the House does concur in Senate Amendment #31 to House Bill 744. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 754, Representative Leverenz." 59 15th Legislative Day
"House Bill 754, a Bill for an Act to change the frequency of certain audits by the Auditor General togeth..."
"Out of the record. Out of the record. House Bill 758, Representative Friedrich. Read the Bill, Mr... Representative Friedrich, okay? Read the Bill, Mr. Clerk."
"House Bill 758, a Bill for an Act to amend the Unified Code of Corrections together with Senate Amendment #1."
"Representative Friedrich."
"Mr. Speaker and Members of the House, Senate Bill 758 was designed to help the Auditor General in his audits of the Department of Corrections specifically with regard to the handling of residents' funds. We worked out an Amendment which was put on in the Senate to clarify some things including the handling of unclaimed residents' fund and the use of commissary profits for the benefit of residents. As far as I know there is no objection, and I move we concur in Senate Amendment #1 to House Bill 758."
"Any discussion? There being none, the question is 'Shall the House concur in Senate Amendment #1 to House Bill 758?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Will someone vote Representative Pullen? 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 165 voting 'aye', none voting 'nay', none voting 'present', and the House does concur in Senate Amendment...in House...in Senate Amendment #1 to House Bill 758. This Bill having received the Constitutional Majority is hereby declared passed. Senate Bills First Reading." 60 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
"Senate June 29, 1981 Bill 278, Madigan, a Bill for an Act in relationship to redistricting the state into Legislative Districts, Representative Districts and the allocation of terms of Senators, First Reading of the Bill. Senate Bill 297, Madigan, a Bill for an Act to apportion the State of Illinois into Congressional Districts, First Reading of the Bill."
"Committee on Assignments. Nonconcurrences. Representative Matijevich, for what purpose, Sir?"
"Mr. Speaker, Members of the House, I don't make many introductions, but this one I am very happy to make. Our Assistant Clerk, Jack O'Brien, is up in the gallery. With him are Peg Merk and Eleanor Schwartz, who are his sisters, and his niece, Peggy Jo Merk. They are from... Eleanor is from Springfield, but Peg 'Merk is from Pasco, Washington. Right near Mt. St. Helen. Hello. And that is Mark O'Brien's aunt."
"Now turn me off."
"Well, page 11 of the Calendar, nonconcurrences, Senate Bill 27, Representative Getty. Read the Bill, Mr. Clerk."
"Senate Bill 27, a Bill for an Act to amend the Code of Criminal Procedure with Senate Amendment #2."
"Representative Getty."
"Mr. Speaker, Members of the House, I will now move that the House does recede from Senate Amendment #2 to Senate Bill...strike that, to House Amendment #2 to Senate Bill 27. This basic Bill is a Bill that directs the courts to hold a hearing where there has been a second forcible felony committed while the person is out on bond on another charge. That Amendment was put on by House Amendment #3 which was concurred in by the Senate. House Amendment #2 was an Amendment which was put on in Committee which 61 75th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 deleted attempted murder from the crimes for which there would not be available the sentences...alternative sentences of probation and conditional discharge. It also provided that that same provision would be applicable to a type of crime that was either an armed robbery or a serious aggrevated battery that involved the permanent disfigurement or causing great bodily harm to persons who are involved in transportation such as mass transit drivers and taxi cab drivers. The Senate refused to concur in that Amendment. I think that there is certainly a very substantial question of public policy that we ought to give this sort of protection to persons who are involved in this type of procedure, and I believe that it would be against the public policy of this state to delete attempted murder from those crimes for which the penalty of not having probation or conditional discharge available. I would, therefore, renew my Motion to recede from this Amendment."
"Representative Fawell on the question."
"Mr. Chairman, I am just wondering, was this Amendment distributed? Is it in that blue group of Amendments? I, as a freshman, I am a little lost at this point."
"Representative Getty."
"This was a House Amendment to Senate Bill 27, and I am now moving to recede from that Amendment. We put it on in the House in Committee, and I think that it's an Amendment...it was voted on in Committee. I do not think that, having reflected upon it, I do not think it is in the best interests of the public policy of this state that we should adopt a policy whereby this crime would be probationable and I think it is also in the interest of the public policy to further discourage people who would cause great bodily harm or disfigurement to a mass transit driver or commit an armed robbery on a mass transit driver 62 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 to be placed on probation or given other alternative sentencing. I am therefore moving to recede from that House Amendment. That is what the Amendment does."
"Thank you very much."
"Further discussion? There being none, the question is 'Shall the House recede from House Amendment #2 to Senate Bill 275?' Those in favor will signify by voting 'aye'...Senate Bill 27. Again, the question is 'Shall the House recede from House Amendment #2 to Senate Bill 27?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. This is final action. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 150 voting 'aye', 11 voting 'nay', three voting 'present', and the House does recede from House Amendment #2 to Senate Bill 27. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 760, Representative Leverenz. Read the Bill, Mr. Clerk."
"House Bill 760, a Bill for an Act in relationship to the use of nonpublic funds for instrumentalities of government together with Senate Amendment #1."
"Representative Leverenz."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 760 which passed out 133 to 3 was found to be lacking one part. When it left the House we further added that public funds could be spent by ordinance. And when it was in the Senate, we noted that it included as a definition school districts. And school districts only spend money by Resolution, so we added in the Senate expenditures can be made by Resolution. Those are technical clarifications, and I would ask that the House concur in Senate Amendment #1 to House Bill 760 which defines nonpublic funds and public funds." 63 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Speaker June 29, 1981
"Any discussion? There being none, the question is 'Shall the House concur in Senate Amendment #1 to House Bill 760?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 160 voting 'aye', one voting 'nay', five voting 'present'. This Bill having received the Cons...On this question there are 160 voting 'aye', one voting 'nay', five voting 'present', and the House does concur in Senate Amendment #1 to House Bill 760, and this Bill having received the Constitutional Majority is hereby declared passed. House Bill 766, Representative Telcser. Read the Bill, Mr. Clerk."
"House Bill 776, a Bill for an Act to amend the Real Estate Brokers'and Salesmen License Act together with Senate Amendment #1."
"Representative Telcser."
"Mr. Speaker, Members of the House, the Members may recall that Senate Bill 776 is a part of a series of Bills which set up a research fund to be used at the University of Illinois or any other universities that wish to participate to do studies in the work of housing, assessment practices, farm values, occupancy rates, construction costs, generally everything that has to do with housing and real estate interests throughout Illinois. Amendment 776...House Bill 776 in that series provided that any amount of money in the real estate recovery fund over $1,500,000 would go to the university for these particular programs. By the way, there is no state money involved. This money comes from real estate licenses and renewal fees that are imposed upon those people who went to the profession of real estate. Senate Amendment #1 reduced 64 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 that figure from $1,500,000 down to $1,250,000 simply because the fund at this time did not reach the anticipated $1,500,000. And, Mr. Speaker and Members of the House, I move that the House concur in Senate Amendment #1 to House Bill 776."
"Any discussion? There being none, the question is 'Shall the House concur in Senate Amendment #1 to House Bill 766 (sic)?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 165 voting 'aye', none voting 'nay', two voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 776. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 782, Representative Van Duyne. Read the Bill, Mr. Clerk."
"House Bill 782, a Bill for an Act to amend an Act relating to alcoholic liquors together with Senate Amendment #1."
"Representative Van Duyne."
"Thank you, Mr. Speaker. Senate Amendment #1 is accurately described in the digest if anyone wants to look. It is an agreement between the Board of Regents and the Hotel and Restaurant Association. I know of no opposition. I move that the House do concur in Senate Amendment #1."
"Any discussion? There being none, the question is 'Shall the House concur in Senate Amendment #1 to House Bill 788?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Representative Woodyard. Thank you. Have all voted who wish? Take the record, Mr. Clerk. On this question there are 140 voting 'aye', 22 voting 'nay', 65 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 one voting 'present'. The House does concur in Senate Amendment #1 to House Bill 782. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 785, Representative Christensen. Read the Bill, Mr. Clerk."
"House Bill 785, a Bill for an Act in relationship to county zoning together with Senate Amendments #1, 2, and 3."
"Representative Christensen."
"Mr. Speaker and Members of the House, Amendment #1 simply changes an 'or' to an 'on'. Amendment #2 reduces the percentage of people who have to sign a protest against the tax Amendment from 20% down to 5%, and Amendment #3 requires a simple majority of the total board to approve of a tax Amendment. And it is not the intent of this Bill in any way to restrict the existing power of a municipality to require an extraordinary vote of the county board in order to bring about a tax Amendment. I move that we concur in Senate Amendments #1, 2, and 3."
"Any discussion? Representative Ralph Dunn."
"Thank you, Mr. Speaker. I wonder if the Sponsor would yield fo a question. Representative Christensen, this wouldn't apply to commission counties where they have a three member board, would it? Or do you know whether it applies to the commission counties?"
"Representative Christensen."
"I really don't know if it applies to that or not."
"Thank you, Mr. Sponsor. That is a very good answer. I don't know what it does either or not, but I would hope that it didn't. If it does, then we'll try to correct it next Legislative Session. It does require 3/4ths which on a three member board is all three."
"A county board?" 66 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981
"We have three member board in commission counties, and I wondered if this applied to commission counties or to township counties. Thank you, Mr. Speaker and Mr. Sponsor. Mr. Chairman, I have no more questions about the Bill. I don't think it applies to commission counties. I am not going to vote for it, however."
"Representative Wikoff."
"Yes, will the Sponsor yield?"
"He indicates he will."
"Ray, according to our analysis, it says the Amendment #2 is technically defective. Is the adoption of...or concurring in this, is that going to create some problems with the Bill?"
"I couldn't hear the question, Mr. Speaker."
"Yes, Ray, according to the...our analysis says that Amendment #2 is technically defective. Is that going to have an effect upon the Bill if you concur in that Amendment?"
"In which way is it?"
"I don't know. All I know is they say it is technically defective. I don't know whether they got a comma in the wrong spot or a word wrong or there is something else in it. I am just raising the question. Mark says it isn't."
"Alright, I have been informed it has been cleared and it has been taken care of. Mr. Speaker, I move for a favorable vote."
"Representative Vinson."
"Will the Sponsor yield for a question?"
"He indicates he will."
"As I understand what you're attempting to do in this Bill, Representative, you're trying to make a distinction between whether the particular change in the zoning system affects a single parcel of property or whether it affects 67 75th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 the entire ordinance. Is that correct?"
"Mr. Speaker, I just can't hear the question."
"As I understand your purpose in the Bill, you're trying to make a distinction between whether the change in the zoning ordinance affects a single piece of property or whether it affects the entire ordinance."
"What we're trying to do in this Bill is to...in other words, if a person had land in say five townships, he could ask for five different hearings. This Bill just gives him one hearing rather than a different hearing in each township. He could have one hearing instead of five. Or if he had it in more than five townships...in other words they could delay a text Amendment for probably a year with just hearings in each township. This gives him a hearing at the court house if he's got land in five townships. He still gets a hearing."
"Yes, but if...if you have a text Amendment, the... you require a simple Majority to pass that text Amendment. Is that correct?"
"A simple Majority of the entire board."
"Now, if you have a map Amendment, you provide for an extraordinary Majority. Is that correct?"
"Only if there are objections." 'inson: "But isn't it true that a text Amendment could, in fact, affect only a single piece of property?"
"...Ask about a text Amendment or a map Amendment?" 'inson: "I am saying, can't a text Amendment affect only a single piece of property?"
"No." finson: "Why not?"
"Because of the way the legislation is drawn. It covers only the whole county." 'inson: "So you're saying it is part of your intent here that if 68 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 you amend the text of a zoning ordinance, and if, in fact, that particular Amendment only affects one piece of property in the county, then it still requires only a simple Majority."
"It requires a simple Majority unless there are objections." 'inson: "Thank you." ¡peaker Peters: "Representative Klemm."
"Will the Sponsor yield?" ¡peaker Peters: "He indicates he will."
"On Senate Amendment #2 I see that in our analysis that it would reduce the percentage of property owners to sign a petition requiring a three-fourths vote of the county board. I was wondering what the intent is of reducing it from 20% to 5%?"
"The Amendment would make it much easier for objections."
"Wouldn't it be Dore honest to say that every zoning petition change should require three-fourths vote? Because it would seem to me that 5% is just about anybody who wants to sign an objection versus some reasonableness of enough people to make it worthwhile."
"Do you realize that that is 5% of the property owners of an entire county?"
"Well, it is not on an individual zoning change on a particular request changing say from farm zoning to residential and if the surrounding property owners were to object to it as they can, they can with 20% or contiguous or adjoining property owners could require an extraordinary vote. Now, this is not pertaining to that except for the entire zoning ordinance?"
"Did you say except for the declared zoning ordinance?" 69 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981
We're having...I'm having problems hearing Clemm: "I'm sorry. you, of course."
"I said, did you say except for a declared zoning ordinance...ordinance?" leam: "No, for example, a petitioner wishes just to reclassify one single parcel of land, and the adjoining property Amendment, Senate owners wish to object. Now is this Amendment #2, saying that only 5% of the adjoining property owners have to sign a petition, submit it to the county clerk or the county board, requiring then an extraordinary three-fourths Majority vote of the county board rather than a simple Majority as it now requires? It would seem like you would be opening up every zoning change in the county to a three-fourths requirement." Christensen: lemm: "Alright, the 5% only applies to text Amendments that affect the whole county." "Alright, thank you."
"Representative Leinenweber." einenweber: "Well, generally I had had the same questions, and I see that the intent, anyway, is that Amendment #2 strikes only the 20% in the added language of the Bill which has to do with text Amendments. Is that correct?"
"That is correct." .einenweber: "So the 20% in that particular section for the frontage proposed to be altered by the owners of 20% of the frontage immediately adjoining, et cetera, et cetera, et cetera, remains 20%. Is that correct? Would it still require 20... for an individual change...for an objection to a reclassification of a parcel of property before the extraordinary three-quarters vote of the county board would be required, after this Bill, assuming it was adopted into law, it would still require 20% of the owners of the frontage proposed to be altered in order to have a valid 70 '5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 objection. Is that correct?"
"That...that part is correct, Harry."
"Okay, and so again you are only referring to text changes which would require a protest consisting of 5% of the landowners of the county. I take it that was the feeling that 20% would be impossible to attain."
"You're right. That would take 5%."
"Okay, thank you."
"Representative McMaster."
"Will the Sponsor yield?"
"Indicates he will."
"Representative, we're talking about text Amendments in Senate Amendment #2. Is that right?"
"Right."
"And who proposes these text Amendments?"
"Could be most anyone."
"Well, you're talking about two different things. You're talking about a text Amendment affects the whole county if you're talking about reclassifying a specific piece of purpose...of property, that is different. The individual property owner seeks to have his specific piece of property reclassified. A text Amendment...and that goes to the Zoning Board of Appeals, and in turn, that goes to the county board for their approval. If there are no objections, of course, it is just a simple Majority. If there are objections, it requires a two-thirds Majority. Now a text Amendment is proposed by someone."
"Representative McMaster, excuse me. Would you give the Gentleman order? There is more discussion coming out of the press area than out of the floor. Proceed, Representative McMaster."
"Now, in a text Amendment, that is proposed either by the, I would assume, by a planning Commission or some arm 71 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE .5th Legislative Day June 29, 1981 of the county board that wishes to change their whole zoning ordinance. Is this not true?"
"That is true."
"So what you're saying is that if the county board or a planning Commission does propose a text Amendment to the existing zoning ordinance, then that text Amendment will stand by a regular Majority vote of the county board. And if there is an objection by 5% of the people of the county, then that would require an extraordinary Majority."
"That is correct."
"Okay, on that basis I think I understand it and have no objections to it." peaker Peters: "Any further discussion? Representative Christensen to close."
"Mr. Speaker, I just ask for a favorable vote." peaker Peters: "The question is 'Shall the House concur in Senate Amendments #1, 2, and 3 to House Bill 785?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 160 voting 'aye', three voting 'nay', two voting 'present', and the House does concur in Senate Amendments #1, 2, and 3 to House Bill 785. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 787, Representative Woodyard. Representative, excuse me. Representative Conti for an announcement."
"Mr. Speaker and Ladies and Gentlemen, we are honored here today to have one of the greatest debaters this House has ever had as a Member. A former Member and now in the judicial branch of government, Marion Burks, my room mate for the first three years he was down here. Marion Burks, Judge Marion Burks from Evanston, a former Member." 72 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981
"House Bill 787, Representative Woodyard. Read the Bill, Mr. Clerk."
"House Bill 787, a Bill for an Act in relationship to diseases of parasites harmful to bees together with Senate Amendment #1."
"Representative Woodyard."
"Thank you, Mr. Speaker, Members of the House. I would move to concur with Senate Amendment #1 to House Bill 787. It is purely technical and clarifying language and makes no substantive changes in the Bill at all. And I would ask for your concurrence in Senate Amendment #1 for the bees."
"The question is...any discussion? There being none, the question is 'Shall the House concur in Senate Amendment #1 to House Bill 787?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 161 voting 'aye', none voting 'nay', none voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 787. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 808, Representative Darrow. Read the Bill, Mr. Clerk."
"House Bill 808, a Bill for an Act to amend the Illinois Vehicle Code together with Senate Amendment #1."
"Representative Darrow."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 808 is legislation which would require only an eye examination for Illinois drivers who have a record of safety which means that their record for the past three years is devoid of any convictions. The Senate attached an Amendment to this legislation. It was worked out with the Secretary of State. First of all, it would 73 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE .5th Legislative Day June 29, 1981 re...this would apply to those age 69. If you're under 69 years of age or older you would still fall under the old system of testing. Also, in order to qualify for this privilege, you not only would have to have a record devoid of convictions, but you would also have to not have been involved in an automobile accident for those three years or committed an offense where there is evidence...or where there is evidence of committing an offense for which mandatory revocation would be required upon conviction. I would move to concur with the Senate Amendment #1." peaker Peters: "Any discussion? There being none, the question is 'Shall the House concur in Senate Amendment #1 to House Bill 808?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bowman to explain your vote? Take the record, Mr. Clerk. On this question there are 149 voting 'aye', 10 voting 'nay', three voting 'present'. The House does concur in Senate Amendment #1 to House Bill 808. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 813, Representative Preston." lerk Leone: "House Bill 813, a Bill for an Act to amend the Illinois Pension Code together with Senate Amendment #1." peaker Peters: "Representative Preston."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would ask the people to vote to concur in the Senate Amendment. What the Senate Amendment did in this Bill was to simply clean up the language. It made no substantive changes whatsoever. There were some language problems in the way the Bill went from the House to the Senate, and they fixed it up over in the other chamber. What this Bill does is it allows Members of the Cook County 74 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 pension system and the City of Chicago pension system to transfer credits from one system to the other, and it changes the Cook County pension system in that when an individual is hired by Cook County, when that individual is 65 years of age or older at the time first hired, that person is given up to four months within which they can, if they desire, join the pension system. Under present law in Cook County, they cannot join the pension system. That is unlike the way it is in virtually every other pension system in the state, and this brings the Cook County system in accordance with the other pension systems. So I would ask for your concurrence on this Amendment." peaker Peters: "Any discussion? Representative Conti."
"Will the Sponsor yield? Well, what is the purpose of the four months? Is this for an individual or is this...within four months of the effective date of this Bill? Why have you put a limitation on it?" reston: "No, Representative, that's not within four months of this Bill. It is within four months after entering the system an individual may opt to join the system or not."
"Fine." reston: "It has nothing to do with this Bill at all." peaker Peters: "Representative Conti. Further discussion? The question is 'Shall the House concur in Senate Amendment #1 to House Bill 813? Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 130 voting 'aye', 13 voting 'nay', four voting 'present'. The House does concur in Senate Amendment #1 to House Bill 813. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 817. Representative Donovan. Read the Bill, 75 5th Legislative Day Mr. Clerk." STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981
"House Bill 817, a Bill for an Act to amend the Illinois Vehicle Code together with Senate Amendment #1."
"Representative Donovan."
"Thank you, Mr. Speaker. House Bill 817 establishes a new definition for type 1 and type 2 school buses based on a gross vehicle weight as opposed to seating capacity as it is now. This was...this Bill was brought to me by DOT to bring it in compliance with the federal law. It passed this House 150 to one and the Senate unanimously. Senate Amendment #1 establishes an immediate effective date. That was all that was inadvertently left out on the original Bill. So I move concur...to...I move to concur Senate Bill #1 to House Bill 817." peaker Peters: "Any discussion? There being none, the question is...Representative Greiman." reiman: "What happens...July 1, 1981 is pretty quick. Is it possible there will be vehicles delivered in the next day or so and that they will be in violation day after tomorrow or...I mean, are we...no, you don't think so. Is there an enforcement problem that we're building into it by doing this or..." onovan: "I don't think so, Representative Greiman. I...it was left for bidding purposes. They wanted this on earlier so when the school boards or the people that contract with school boards for transportation would have a...would have something to go on before June...let's see, it would be January 1 of next year before it would become law if it was signed. They wanted it on as early as possible for budgeting purposes. That is my understanding." reiman: "I see. Okay." peaker Peters: "Any further discussion? Thre being none, the question is 'Shall the House concur in Senate Amendment #1 76 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 to House Bill 817?' Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Gr. Clerk. On this question there are 160 voting 'aye', four voting 'nay', none voting 'present', and the House does concur in Senate Amendment #1 to House Bill 817. This Bill having received the Constitutional Majority is hereby declared passed. Representative Daniels in the Chair." peaker Daniels: "House Bill 821. Read the Bill, Mr. Clerk."
"House Bill 821, a Bill for an Act to amend the Illinois Administrative Procedure Act together with Senate Amendment #1."
"Out of the record. House Bill 823. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 823, a Bill for an Act concerning financial institutions in Illinois together with Senate Amendment #1." peaker Daniels: "Representative McCormick."
"MI. Speaker, Ladies and Gentlemen of the House, Senate Amendment #31 makes two small changes in it simply excludes the requirement that the temporary checks on the opening of an account would have to have the numbers on them ΟΙ the date the account was opened. And it also eliminates any liability on the banking institution or the printer if, through some unintentional error, they would make a mistake. This brings it into conformity with legislation they have in the State of Minnesota, and I would move to concur, Mr. Speaker, in the Amendment." peaker Daniels: "Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment... Representative Mulcahey." 'ulcahey: "One question for the Sponsor. Representative, will 77 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day this eliminate counter checks entirely now?"
"Representative McCormick." June 29, 1981 cCormick: "I don't know of any place that you can use a counter check now, Representative."
"Well, there is a lot of places you can use them right now, but this will not eliminate the use.
"Well,..." alcahey: "Or will it eliminate the use?" Right?"
"NO, it has no...if they are available. This is for your personal checking." peaker Daniels: "...Questions? Being none, the Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. Representative Mulcahey, 'aye'. On this question there are 153 'aye'. Record the Speaker as 'aye'. 154 'aye', one 'no', none 'present'. The House concurring with Senate Amendment #1, House Bill 823 is hereby declared passed. House Bill 835. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 835, a Bill for an Act to amend the Illinois Horse Racing Act together with Senate Amendment #1."
"Representative Mautino. Out of the record. House Bill 857, Representative Redmond. Representative Schneider, are you going to handle that for Representative Redmond? Representative Getty, can you handle House Bill 857 for Representative Redmond? Out of the record. We'll come back to it. Alright. Okay, out of the record. House Bill 874, Representative Reilly. Read the Bill." lerk O'Brien: "House Bill 874, a Bill for an Act to amend the School Code together with Senate Amendments #1 and 2." peaker Daniels: "Representative Reilly."
"Thank you, Mr. Speaker. I would move to concur in 78 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 Senate Amendments #1 and 2. This Bill deals with handicapped students, and the kind of diploma they get, and the sub...to what extent they are subjected to minimum confident...minimum competancy standards tests. The Senate Amendment #1 was simply a technical change substituting Board of Education for the wording that we had. Senate Amendment #2 was a compromise which takes care of the problem that some school boards had where they were afraid that they didn't like the use of the word standard diploma. We have taken that out and made, I think, a reasonable compromise on that point. Be glad to answer any questions. Otherwise, I would ask that the House concur in Senate Amendments #1 and 2 to House Bill 874." peaker Daniels: "Any discussion? Being none, the Gentleman moves for concurrence of Senate Amendments #1.... Representative Tuerk."
"Would the Sponsor yield?"
"He indicates he will."
"Yes, what...you made mention something about the reference to the standard diploma. What kind of diploma would the students receive then?" eilly: "The...excuse me...excuse me. The wording that was substituted in the Senate deals with a general diploma, I should say in terms of the Peoria situation for what ever difference that may make to that. At least the Senator from Peoria supported the Bill in the Senate with this compromise. It is simply saying that a handicapped student may not be denied promotion, graduation, or a general diploma on the basis of failing a minimal competancy test when such failure can be directly related to the student's handicap and condition. That seems...I don't know if that is satisfactory to the superintendent, but at least it was satisfactory, otherwise in the Senate, to the school boards 79 5th Legislative Day June 29, 1981 that had raised the question in the original wording I had which was standard diploma. I guess this gives them the flexibility to give a diploma that indicates on the face of the diploma that the child went through something other than the regular educational program." 1erk: "Thank you." peaker Daniels: "Representative Friedrich. Dwight Friedrich."
"Well, Representative Reilly, wouldn't this defeat the very purpose of a competancy test? A person could have an IQ of 40 and yet get a high school diploma, and I wonder what...I think if we're going to be handing out high school diplomas, I have been watching the Peoria method, and it seems to me that it is the one school in the country that is really making a high school diploma meaningful because it means a kid that's got one has learned something. Now, if we're going to turn around, I certainly have a lot of sympathy for the handicapped including the mentally handicapped, but if a high school diploma is going to mean anything, I think it ought to mean that a person has reached a certain degree of competancy in learning." peaker Daniels: "Representative Hallstrom." allstrom: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House, I believe Representative Reilly has really been trying to do something that is a positive thing. I can understand what Representative Friedrich is saying except that what we're trying to do with handicapped youngsters is to educate them to the best of their ability and that is why we have individual educational plans. In other words, when they graduate according to their ability, they should received a diploma. It should not be based on any kind of a standard test that is given to children who are not handicapped. That is the whole reason, really, for special education. We recognize that these youngsters have 80 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day problems in learning. June 29, 1981 But at least we've gotten them to the point that they can learn a lot more than if we weren't having...if we didn't have special education. And there should be no reason that we put them in any competition with children who have no handicaps. I see absolutely nothing wrong with this Bill. I think it is going to protect handicapped youngsters who are going to be able to go and get some kind of jobs, and that is all that we're asking for, and I hope you support the Bill. Thank you." peaker Daniels: "Representative Schneider."
"Thank you, Mr. Speaker, Members of the House. I just want to pick up on a little bit of this. Number one, is students who are handicapped kids don't want sympathy. They want to have the same opportunity that you and I have in education, that is to progress according to our capabilities. What I think is very important to understand is that all that Representative Reilly's Amendment really tried to do is to address what is an identifiable problem in the education community. We have a whole Section of the School Code that talks about the special ed child; whether it's deaf or blind or otherwise handicapped physically, we are also talking about learning disabled kids who are dyslexies, who reverse words, for example, who need special education. They don't need it six hours a day; They might need it as a 30 minute program. Now, all this Amendment says is if you can relate the handicap to the cause for that person's inability to succeed, you cannot deny that person promotion because they are quote, unquote, 'handicapped'. There's nothing you cando about that. This doesn't minimize, water down, dilute or otherwise change the attitudes, I think, of the school towards that child's right to be educated and to graduate. Now, when a diploma is given to a child, handicapped or otherwise, I don't 81 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day think an I June 29, 1981 employer says, 'Ah-hah, this kid has got a diploma'. think the employer says, 'Can you do these kinds of skills?'. Can you...you know, in the course of an interview, you know, you say, "Are you capable of this kind of progress or not?'. I think they candetermine that from other things. They candetermine it from a student's transcript. If a kid has gotten a 'D' in general math, you probably don't want to put the kid at the cash register. He may be alright putting things on a shelf. But the employer isn't going to take a diploma and have that make a difference. He's going to be the kind of employer that looks at the total picture of the child performance if the fear that you have is that child can't perform a work task. There are other kids who are completely handicapped in an area that you call 'EMH', 'edgeically' mentally handicapped kid, who cando things like push a broom, he cando other kinds of skills that don't require the kinds of sophistication that maybe are needed even at the level, let's say, of a cash register in a National Tea store or at an A&P. I think it is a reasonable compromise. I think you ought to support it. Separate from the problems that Peoria is having, I think this is a good idea."
"Further discussion? Being none, the Gentleman from Morgan, Representative Reilly, to close."
"I think Representative Schneider explained it very well. All we're saying is that you send a handicapped kid through a specialized education program. You give them tests appropriate to that, not tests that are appropriate to some other kind of course. I would ask for a favorable Roll Call." eaker Daniels: "The Gentleman moves for concurrence in Senate Amendment #1 and 2. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? 82 17th Legislative Day Have all voted who wish? Take the record. On this question there are 148 'aye', 5 'no', 3 'present'. The House concurring with Senate Amendments #1 and 2, House Bill 874 is hereby declared passed. House Bill 893, Representative Steczo. Read the Bill, Mr. Clerk."
"House Bill 893, a Bill for an Act to create The Cable Television Privacy Act together with Senate Amendment #1."
"Representative Steczo."
"Thank you, Mr. Speaker, Members of the House. House Bill 893, or the language contained in House Bill 893, was worked out through discussions with the Illinois-Indiana Cable T.V. Association. However, when the legislation got to the Senate we realized that there were omissions in the language. Senate Amendment #1 makes two small changes. With regard to monitoring devices it mentions...we added the language, '...without the knowledge or permission of the subscriber'. And then, in another Section of the Bill we made a technical change from 'Cable T.V. Company' to 'Communications Company'. I would ask for the concurrence of the House in Senate Amendment #1 to House Bill 893."
"Any discussion? The Gentleman, Representative Bower."
"Yes. Will the Gentleman yield?"
"Indicates he will."
"The cable t.v. organizations objected to this before this Amendment was put on, right? But they now accept it?"
"No, Representative Bower, they objected to the Bill, as originally introduced. However, House Amendment #1 (sic, Senate Amendment) was worked out as a result of negotiations between myself and the Association and in its present form, they're in complete support."
"Okay. Thank you." 83 ith Legislative Day S Deaker June 29, 1981
"The Gentleman moves for concurrence in Senate Amendment #1. Those in favor will vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 156 'aye', no 'nay', 3 voting 'present'. The House, concurring with Senate Amendment #1, House Bill 893 is hereby declared passed. House Bill 894. Read the Bill, Mr. Clerk."
"House Bill 894, a Bill for an Act to amend the River Conservancy District Act together Amendment #1."
"Representative Rea." a: This "Thank you, ΜΣ. Speaker and Members of the House. .... House Bill 894 provides the opportunity for conservancy districts to provide ...use notes on real ог personal property owned by the district. And the only thing this Amendment does is to change the interest rate to be in line with other districts that has this same authority. So, I would move for concurrence."
S Deaker Daniels: "Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 161 'aye', no 'nay, none 'present'. The House concurring with Senate Amendment #1, House Bill 894 is hereby declared passed. House Bill 940, Representative Stuffle. Read the Bill, Mr. Clerk."
"House Bill 940, a Bill for an Act to amend the Illinois Pension Code together with Senate Amendment #1."
"Representative Stuffle." Stuffle: to "Yes, Mr. Speaker and Members, the Senate Amendment House Bill 940 attaches to 940 a Bill which was previously 84 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day heard in the House Pension and Veterans Committee. When that Bill was heard there were only a bare Quorum there and the Bill received nine out of ten votes, needing ten to pass, so that it was caught on the deadline so to speak at that time. What the Amendment does is provide for in the University Retirement System a disability program, a continuing disability program, of 35% of basic compensation where a person who is currently on the 50% disability has ran out of earnings. In the University System, there is a limit to how long one candraw the 50% disability. When one's disability annuity reaches 50% of his earnings, he or she is terminated currently from any receipt of any annuity, any disability, any program whatsoever. In turn, their only recourse in this situation is to go on welfare in most cases simply because we're talking about people here who would have a permanent type of disability. Other systems have this same type of disability. In this case, this Amendment provides to enable one to participate in this continuing 35% disability, that person would have to be certified by two doctors appointed by the Pension Board to be unable to hold any gainful employment within the system or otherwise. This disability would only continue until the person was no longer disabled, till the person died or until the person converted to an age retirement benefit. It's the same type of program that exists in the Downstate Teacher Pension System. There is a cost to the state, as in all systems, but as I indicated the need for this is to prevent those people who would otherwise not qualify for anything from going on the state welfare rolls and clearly, when you're talking about fully disabled people who may not be able to claim under any other system and probably can't, there's no option. I'd ask for a concurrence in the Senate Amendment and this Bill and the 85 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 Amendment are supported by both myself and my hyphenated Sponsor, Representative Wikoff. I would move concurrence in Senate Amendment #1."
"Representative Terzich." erzich: "Yes, can I ask the Speaker..er..the Sponsor a question?"
"The Speaker, 'no'. The Sponsor, 'yes'. He says he'll yield."
"Yes. Are you saying that you want to provide the teachers with a 50% disability income benefit?" tuffle: "No, this isn't the teachers. This is the University System. This is those people who already have a 50% disability. There's an earnings test and once you reach the point where your disability payments equal half of what you've earned, you no longer get any benefit, Bob. These are people who are permanently disabled under that system. They find themselves uniquely in the position, unlike most other systems. of at that point having no income whatsoever and still being permanently disabled. We've attempted for several years to clean this up. This simply says they would get a 35% benefit when the earnings limit is reached on the 50% benefit. Otherwise, being fully disabled, the only option they would have would be to accept some sort of state welfare program payments. This has nothing to do with the other thing we talked about the other day." erzich: "Why would they have to go on some state welfare program?" tuffle: "Well, they're permanently disabled to begin with and in that University System, they aren't able to go out and get a different job. This Amendment provides that, to get the benefit, they have to be certified as continually permanently disabled and unable to work at any gainful employment, inside or outside the University System." 86 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day .erzich: June 29, 1981 "Does any other system have a permanent disability?"
"Like this?" erzich: "Yes."
"The Downstate Teachers does." erzich: "Does the General Assembly, the Police, the Fire, the Teachers...the state employees...?"
"I don't know about the General Assembly. Some of them.."
"The state employees?"
"Some of them do. The General Assembly to my knowledge does not."
"How about the state employees?" tuffle: "They have a type of system. It's not exactly like this. As you know, the disability systems are different in almost every case. This one links up with what the Downstate Teachers have now." 「erzich: "Yes, but no other systems, other than the Teachers, have a permanent..." tuffle: "Not exactly like this..."
"...Have a permanent disability benefit other than maybe a percentage of their retirement income." tuffle: "Well, when you say 'other than', that's where you get the catch, because in this system they don't get anything when they hit the earnings limit." erzich: "What's the cost of this provision?" tuffle: "As I said, there's a cost. The cost estimate is $600,000." erzich: "Six hundred thousand dollars?"
"The Pension Laws Commission estimate is $600,000, on the Bill on an annual basis and the Pension Laws Commission indicates that there is a need for this type of system in the University Pension Formula."
"Well, does the Chicago Teachers System have this type 87 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 of a provision?"
"Not to my knowledge."
"Now, I understand that their disability is the amount of pension earned to date by the employee. Thus, for an employee with ten years of service, they'd be getting roughly about 16% of their salary. And you're asking for 50%." tuffle: "No, we're not. We're asking for 35% of salary. The 50% thing is already in place, as I've indicated now three times. We're asking for the 35% benefit to continue until that person converts or dies or finds employment after the disability runs out. We use the Social Security standard definition for disability, permanent disability, in this Amendment." erzich: "What is the requirement for eligibility?" tuffle: "As I've stated now for the third time, you have to meet the federal Social Security standard." erzich: "No. I mean, to become eligible for the disability benefit under the system?"
"You have to be certified by two doctors to be unable to perform any gainful employment." erzich: "No. I'm talking about the eligibility to become ..you know, for length of service or credits. What credits do you have to have to become eligible? One year of service, five years, ten years?" tuffle: "I don't have that in front of me, in this case. The point of it is, Bob, the point of it is that's the problem we're dealing with, as I've tried to tell you. This system, unlike some others that says from day one, in many cases, you can get a disability if you're...if you..if you qualify from being in the system. This one says that once you have reached the point where you've earned in disability half what you made in the system, you're out, 88 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 5th Legislative Day completely."
"Well, speaking on it, I would tend to be against this type of a provision. At the present time, a disability benefit for all systems, you have to have a certain time requirement, whether it's five years or ten years. For example, the Fire Department, the maximum nonoccupational disability benefit that you can possibly receive would be five years. The General Assembly Retirement System, the maximum disability benefit that you can receive would be the amount of the credit you earned under the Pension System. We have no permanent disability benefit for the other systems throughout the state and I think it would be a bad precedent to set. If the person earned a disability benefit, if he contributed into a disability benefit..but to me, all this is is providing a person with a disability benefit that hasn't been paid for. There's no additional contributions to even pay for the disability benefit, let alone extending it. There have been previous Bills where this has been offered, that they ask for extension of benefits with no additional contribution. And, I would urge a nonconcurrence with this Senate Amendment."
"Representative Woodyard."
"Mr. Speaker, I move the previous question."
"The question is, 'Shall the main question be put?'. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. Representative Stuffle to close."
"Yes, Representative Terzich may or may not have a good point. But he certainly showed no understanding of the Bill by his questions. Indeed, if you look at the University System, it takes a two year standard to qualify for the benefit. He indicated we didn't have any standard in the State's System. The State's System standard is a 89 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 ith Legislative Day year and a half. I could go into five or six other things that I think were misstated. But I won't. I simply will ask for an 'aye' vote." beaker Daniels: "The Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Representative Satterthwaite to explain her vote. Timer's on."
"Mr. Speaker and Members of the House, I think one thing we have to take into consideration is that university employees do not tie in with Social Security. The State Employee's Retirement System does and because of that, they would qualify for disability under the Social Security program, but university people do not. Many of them have worked their entire lives in the University System and therefore have no other disability benefit available to them and I see the votes are there."
"Have all voted who wish? Have all voted who wish? Take the record. On this question there are 133 'aye', 32 'no', none voting 'present'. The House concurring with Senate Amendment #1, House Bill 940 is hereby declared passed. Representative Peters on 723. Read the Bill, Mr. Clerk."
"House Bill 723, a Bill for an Act to amend the Pharmacy Act together with Senate Amendment #1." peaker Daniels: "Representative Peters." eters: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I would move to concur with Senate Amendment #1 to House Bill 723. What we did in the House was to eliminate the one year apprenticeship requirement for pharmacists. What the effect of the Senate Amendment is is to restore a Statutory requirement of licensure of at least one academic quarter within the schools that they're at. This has been agreed to by the schools, by the Unions that have been 90 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981 involved and it seems to have to be the compromise everyone is interested in and accepts. So I would move for concurrence of Senate Amendment #1 to House Bill 723."
"The Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. There are 166 'aye', none 'nay', none voting 'present'. And the House concurring with Senate Amendment #1, House Bill 723 is hereby declared passed. House Bill 945, Representative Peters? Read the Bill, Mr. Clerk."
"House Bill 945, a Bill for an Act making appropriations for the Judicial Inquiry Board together with Senate Amendments #1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21."
"Representative Peters." ?eters: "ΗΓ. Speaker, after discussion with the Minority Spokesman on the Appropriations Committee, I would move to nonconcur in all of the Amendments on House Bill 945."
"The Gentleman moves to nonconcur in all Senate Amendments. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. And the House nonconcurs in Senate Amendments #1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21. House Bill 63. Representative Bradley? Is the Gentleman on the floor? Out of the record. House Bill 979, Representative Currie? Read the Bill, Mr. Clerk."
"House Bill 979, a Bill for an Act in relation to structural pest control together with Senate Amendments #1 and 2." peaker Daniels: "Representative Currie." arrie: "Thank you, Hr. Speaker, Members of the House. House Bill 979 embodies the Sunset Committee recommendation to 91 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day recreate the Structural Pest Control Act. I would move concurrence if I may divide the question first with Senate Amendment #1. Senate Amendment #1 tightens the enforcement provisions. It is a proposal that will give us stronger teeth in our enforcement of the Structural Pest Control Act and I believe that that Amendment had support on both sides of the aisle, in the Senate, and had the support of the Sunset Committee. I would move concurrence with Senate Amendment #1."
"All right. On that question, Representative Sandquist." andquist: "Yes, Mr. Speaker, I agree with Representative Currie. We should concur on Amendment #1."
"On that question, the Lady moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 151 'aye', 3 'no', none voting 'present'. The House concurs with Senate Amendment #1 to House Bill 979. Representative Currie on Senate Amendment #2."
"Thank you, Mr. Speaker. Senate Amendment #2 is a proposal from Senator Gitz who is a Member of the Sunset Committee. His concern in this Amendment is a concern that the Sunset process is not working as well as I think many Members of this Legislature hoped that it would when we adopted the Sunset principle two years ago. Certainly, you're all familiar with the failure of a fair number of the Sunset Committee recommendations to be adopted by the General Assembly. Senate Amendment #2 would change the structure of the Sunset Committee. Currently there are 13 Members, six of whom are Legislators, five public Members and two Constitutional...er.. Statutorily appointed 92 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 positions, the Director of the Bureau of the Budget and the Head of the Economic and Fiscal Commission. Senator Gitz's recommendation in Senate Amendment #2 is that we increase the number of Members from 13 to 15 and delete the Bureau of the Budget, the Illinois Economic and Fiscal Commission and change the ratio of public and Legislative Members so that the Legislature would appoint ten and the public member representation would be five. I would move concurrence on Senate Amendment #2 to House Bill 979."
"Representative Sandquist."
"Yes, Mr. Speaker and Ladies and Gentlemen of the House, I have to disagree with Representative Currie on this Amendment and ask that we nonconcur. I am sympathetic with what Senator Gitz was trying to do with this Amendment and it was supposed to be on another Bill. But it is here on a structural pest control Bill which we must pass out so that these people are still licensed as was unanimously agreed upon by the Sunset Commission. I do think that Senator Gitz has made his point concerning the sunset legislation. And I compliment the House here when we did not approve the sanitarians. This was part of it of what he was trying to do. But I don't think, at this time, we should change the set up and therefore, I'd ask that we nonconcur." peaker Daniels: "Further discussion? Representative Rigney." igney: "Question for the Sponsor."
"She indicates she'll yield." igney: "What do we gain by taking the Bureau of the Budget out of the process?" arrie: "His feeling was that if there were more Legislative Members, that the Sunset Committee process might work better and one way to do that was to delete the Bureau of the Budget and Economic and Fiscal. I don't think that 93 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981 Senator Gitz intended any slur or slight on the participation of the representatives of those two agencies who served on the Commission. Certainly, I, a former Member of the Committee, thought very highly of the participation of those two individuals. But in order to increase the ratio of Legislators serving on the Committee, this was Senator Gitz's proposal." igney: "Well, is there any evidence that the Legislature has stood up on that Commission and acted more responsibly than the, say the Bureau of the Budget or the Fiscal Commission?"
"I don't believe so, Representative, but I think that, again, this is an Amendment that was proposed by Senator Gitz who is a Member of the Committee and whose concern is that without greater legislative input, in the Sunset Committee itself, it will be increasingly difficult for the Committee to do its work."
"Further discussion? The Gentleman from DeWitt, Representative Vinson." inson: "Will the Sponsor yield for a question?" peaker Daniels: "Indicates she will."
"I'll presage my comment by saying ...my questions by saying forthrightly that I've never had much hope for the Sunset process. But, doesn't your logic take you to the point that we ought to have a 236 Member Sunset Commission?"
"Representative Vinson, I never held out much hope for the Sunset Committee process either. I think that without a strong legislative input, and I don't know that it needs to be quite the number you're suggesting, it will be difficult for the Sunset Committee recommendations to be responded to in the ordinary course of the legislative process. If I were doing the structure, I think I would do 94 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 it differently even from the suggestion that Senator Gitz has before us today. For example, we might make the Sunset Committee a standing Committee of each House or of one House of the Legislature. That's the way the Sunset process works in Florida and I think it probably works better in Florida than at this point, at least, it is working in Illinois. But I just want you to be aware that this was Senator Gitz's recommendation to solve a problem that has been apparent on this House floor. Indeed, this Legislature, this House was prepared to say 'no' to the sanitarians. But on virtually every other recommendation of the Sunset Committee, the Legislature has thumbed its nose. Senator Gitz was of the view that if there were more Legislators involved in the Sunset process perhaps their recommendations would fall upon ears more responsive."
"Do you... Don't you believe that one of the original purposes behind the Sunset process, Representative, was the theory that this was a way to control costs?" urrie: "Absolutely. The whole point of Sunset is to end government...unnecessary government regulations and we have not been very successful with our Sunset process in controlling and ending unnecessary government regulation. I merely point out to you that the House overwhelmingly accepts proposals that are directly contrary to the recommendations of the Sunset Committee." inson; "So I assume you're moving for nonconcurrence in this Amendment?"
"I am moving to concur with Senate Amendment 2 to House Bill 979." inson: "Well then, to the Amendment, Mr. Speaker."
"Proceed." inson: "I would oppose the Amendment for, I suppose, three reasons. Number one, removing the Economic and Fiscal 95 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 Commission Director and the Director of the Bureau of the Budget can only encourage the tendency to fail to act on the merits and to fail to take into consideration the costs on Sunset decisions. Number two, the stronger legislative input that is desired can only really be fully satisfied if there are 236 Members, in other words, the full Membership of the House and the Senate. I don't believe any Member on this House floor is going to surrender his right to make decisions on these things to the Sunset Commission and for those reasons, I never held out much hope for the Sunset process. I'll openly admit that. Number three, Representative Currie makes mention of the Florida experience and she may be absolutely right that the Florida experience has been better than the Illinois experience, primarily I suppose because the Illinois experience has been so poor. But I would just make the point that I noticed an article earlier in the year about Florida to the extent that when last year, the Legislature was supposed to adjourn in Florida, the..several Members of the Florida General Assembly held the Governor's budget hostage to favorable action by the Sunset Commission in acting and continuing the regulation of beauticians and barbers. I don't believe, for those reasons, and I think those are going to be the ongoing experience of most Legislatures, don't believe, for that purpose, that this particular Amendment is going to do anything to make the Sunset operation better. It can only in fact make it only worse. And I would urge that Members vote 'no' on the Motion to concur."
"Representative Kustra."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would rise to support concurrence on this Bill and disagree with the previous speaker on a couple of 96 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 'Sth Legislative Day counts. June 29, 1981 Number one, as a new Member of the Sunset Committee, I've been attending their hearings and I can say that while I respect the expertise of the Bureau of the Budget and the Economic and Fiscal Commission, I really don't think that in this particular case they play any unique role in the Sunset process. And I really think we can have a good solid Sunset Committee without their input. I think the Legislative Members and the public members have provided for that on this Committee. Secondly, Representative Currie refers to the additional input of the General Assembly. I would point out that it's not simply the input that the General Assembly, these additional Members, would provide in the Sunset hearings. The real important task here is for those Legislators on that Sunset Committee to return to this floor and see to it that the recommendations of that Sunset Committee be approved and that's really going to determine whether Sunset, in the State of Illinois, works or not. It's when people like Representative Currie and Darrow and Sandquist and I stand up and speak on issues that the Sunset Committee has dealt with that will determine how the rest of you vote, I would hope. And so, by adding Members to the Sunset Committee, we broaden the base of the Sunset process and by doing so, hopefully we help Members of the General Assembly who are not on the Sunset Committee and those of us that are on the floor are then allowed the opportunity to spread the benefits of the hearings that we've had. It's for that reason that I think this really is a good change in the Sunset process and will make the Sunset process work better for the state. Thank you."
"Representative Piel." ?iel: "Nove the previous question, Mr. Speaker."
"The question is, 'Shall the main question be 97 15th Legislative Da y STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 put?". All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. Representative Currie to close."
"Thank you, Mr. Speaker. I think Representative Kustra identified the issue clearly. The question really is up to you. Why is it you haven't listened to the recommendations of the Sunset Committee when you overwhelmingly decided that Sunset was a good idea? Two years ago you said it's time to end unnecessary governmental regulation and that's why you created the Sunset Committee in the first place. Since that time, you have been prepared to ignore almost every recommendation the Sunset Committee has made. I don't know why you choose to ignore these recommendations. Maybe it's because the special interests that were effective in creating those regulations in the first place are equally effective in making sure that that regulation continues. Maybe it's because you have not paid much attention to the way the Sunset Committee process operates. Maybe it's because there are not enough Legislators who participate in the Sunset Committee process itself. Senator Gitz's proposal to you which is embodied in Senate Amendment #2 to House Bill 979, would say let's put more Legislators aboard. Maybe that will make us more responsive to the recommendations from the Committee. It's really up to you whether you think that this will make you more responsive. If this is not the reason why you're not responsive, then you probably should vote 'no'. But if it is true that you would be more willing to listen to the recommendations of a group that was comprised more heavily of Legislators than one that has few Legislators aboard, then I would encourage you to vote "yes"."
"The Lady moves for concurrence in Senate Amendment #2. Those in favor vote 'aye', opposed vote 98 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 99 'aye', 48 'no', none voting 'present'. The House, concurring with Senate Amendment #2, on House Bill 979 is hereby declared passed. House Bill ...Oops. Representative Friedrich." ?riedrich: "Mr. Speaker, I would like to announce a meeting of the Rules... House Rules Committee in room 114 in about five minutes. In connection with that, I would like to ask for unanimous consent for a suspension of Rule 22, which would allow this Committee to meet while the Legislature is in Session. I have checked this with the Minority Leader. He's acceded to it and I'm sure the Speaker of the House is agreeable to it."
"You have cleared this with the Minority Leader, Sir?" ?riedrich: "Yes, I did."
"All right. The Gentleman asks leave for a Rules Committee meeting. Representative Bullock."
"Could Representative Friedrich tell us the nature of the meeting? Are we going to consent Bills? What are the Bills and what do they do?" ?riedrich: "Yes, I'm sorry. I didn't mean to omit that, Representative Bullock. It's for the consideration of Senate Bills 278 and 297, which happen to be sponsored by the President of the Senate, has something to do with reapportionment."
"Representative Bullock."
"Well, Mr. Speaker, as a Member of that Committee, if the Senate President sponsored it, I have no objections."
"The Gentleman moves to suspend the appropriate rule So that the House Rules Committee can meet while the House is in Session. All those in favor signify by saying 99 15th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 'aye', opposed 'no'. Hearing no objections, Roll Call is used....Attendance Roll Call is used and the Gentleman has leave for the Rules Committee to meet. What room was that, Sir?" 'riedrich: "Room 114, please." ¡peaker Daniels: "Room 114, in five minutes, the Rules Committee will meet. Representative Polk?"
"Would you clarify what the decision was this morning on those who were meeting when we're on...when we're in Session with regard to voting? I don't want to cause any trouble. I just want to know what the clarification is."
"We're just going to follow the Rules of the House, Representative Polk."
"Okay." ¡peaker Daniels: "Representative Bullock, House Bill 1135 moves to nonconcur. Will you read the Bill, Mr. Clerk?" :lerk Leone: "House Bill 1135, a Bill for an Act to amend the Housing Authority Act with Senate Amendment #1." :peaker Daniels: "Representative Bullock." tullock: "Thank you, Mr. Speaker, for granting me this consideration. Ladies and Gentlemen of the House, Senate Bill 1135 (sic, House Bill) amends the Housing Authority Act. The Bill went to the Senate with an Amendment expanding from five to seven the number of Members on the Chicago Housing Authority Board. The Senate struck that provision and I'm asking the House to nonconcur so we can form a Conference Committee." ¡peaker Daniels: "The Gentleman moves to nonconcur in Senate Amendment #1. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. And the House nonconcurs in Senate Amendment #1. Representative Bradley on House Bill 963. Representative Bradley? Read the Bill, Mr. Clerk, 963." 100 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day lerk Leone: "House Bill 963, a Bill for an Act June 29, 1981 to amend the Illinois Insurance Code together with Senate Amendment #1." ¡peaker Daniels: "Representative Bradley."
"Yes, Mr. Speaker, I move to concur with Senate Amendment #1. What it does, it deals with the variable rate for insurance companies using the 'Moodie's Long-Term Corporate Bond Rate' and it will only affect rates from the effective date of the legislation, from the effective date. And Representative Epton put an Amendment on Senate Bill 913..er..on a House Bill. It was debated thoroughly on the floor. It vas exactly the same as what we're moving to concur in now. It passed out of here 133 to 19. And we're just placing the same legislation on House Bill 963 and I move to concur in the Amendment." peaker Daniels: "Representative Cullerton." :ullerton: "Will the Sponsor yield?" peaker Daniels: "Indicates he will."
"You say, we passed this Senate Amendment as a House Bill?" tradley: "I'm sorry, no. We ..we ...Bernie Epton put the Amendment, I understand, on a Senate Bill." :ullerton: "It was an Amendment by Representative Epton? Wasn't there a similar... Was this a similar House Bill that Representative Birkinbine sponsored?"
"Yes. That's what I said. It passed out of here 133 to 19, that House Bill. I don't know what the problem is in the Senate. We're putting it on over here on the Senate Bill." :ullerton: "And this raises the ceiling 8% on the interest that may be charged by life insurance companies?" tradley: "What's the question, Sir?"
"This raises the ceiling of the eight percent on the interest that may be charged?..." 101 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 tradley: "It could... It could.. It could have that effect." ullerton: "Thank you." peaker Daniels: "Representative Epton." :pton: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Yes, the previous speaker is correct. Senator Birkinbine (sic, Representative) previously had this Bill, but because it was called early in the morning, it didn't receive sufficient votes and we amended a previous Senate Bill at which time, the Bill was passed. You are correct. It will increase all new whole life insurance at eight percent or an alternative fluctuating rate. It does not affect any existing rates and what it does, as we indicated before, it, in effect, prevents a run on the bank. It prevents the surplus of the companies diminishing. We debated this at great length before as Representative Bradley indicated and I think we responded to all questions at that time."
"Representative Brummer."
"Yes, I move the previous question."
"The question is, 'Shall the main question be put?'. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. Representative Gerry Bradley to close." tradley: "As Representative Epton indicated, we had quite a debate on this issue. I think everybody knows what it is and I simply ask for a favorable vote." ¡peaker Daniels: "The Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 132 'aye', 25 'no', 2 voting 'present'. The House, concurring with Senate Amendment #1, House Bill 963 is hereby declared passed. House Bill 998, Representative 102 15th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 Bartulis. Read the Bill, Mr. Clerk."
"House Bill 998, a Bill for an Act to amend the Environmental Protection Act together with Senate Amendment #1. ff
"Representative Bartulis."
"Thank you, Mr. Speaker and Members of the House. Senate Bill... Amendment #1 to House Bill 998 is ..corrects a typographical error of one word from 'charitable to 'charity'. And I move the House concur with Senate Amendment #1 to House Bill 998."
"Any discussion? The Gentleman moves for concurrence on Senate Amendment #1. Excuse me. I didn't see your light, Sir. I didn't think you had it on. Representative Cullerton."
"Will the Sponsor yield?"
"Indicates he will."
"Could you explain what this Amendment does again please? I couldn't hear."
"The Amendment is just a word change. It's a typographical error we made in drafting the Bill and it's from 'charitable' to 'charity'"."
"What does the Bill do then as amended?"
"Well, the Bill is still the same. It amends the Environmental Protection Act on noise pollution for ...excuse me.. On limitations on noise emissions for professional and amateur sporting events."
"So that it means that gun clubs do not come under the Environmental Protection Act?"
"Only if they existed prior to."
"So it grandfathers in all existing gun clubs? And says that they do not have to comply with the Environmental Protection Act?"
"That's right." 103 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 15th Legislative Day
"Thank you." June 29, 1981
"Further discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Representative Tuerk? To explain your vote? No? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 150 'aye', 13 'no', none voting 'present'. The House, concurring with Senate Amendment #1, House Bill 998 is hereby declared passed. House Bill 1016, Representative Ewell. Read the Bill, Mr. Clerk."
"House Bill 1016, a Bill for an Act to amend the Illinois Controlled Substances Act together with Senate Amendment #1."
"Representative Ewell."
"Senate Amendment #1 does three simple things. Number one, it corrects an error in the Bill's drafting to add hallucinogens which was inadvertently omitted. The second one complies with a technical request by the Dangerous Drugs Advisory Council and the third one amends the forfeiture Section to go from just money to other assets which might be acquired as the result of the illicit drug trade. We would urge concurrence with Senate Amendment #1."
"Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Pierce? Your light is on, Sir. Have all voted who wish? Take the record. On this question there are 161 'aye', no 'nay', none voting 'present'. And Senate Bill 1016 (sic, House Bill), the House concurring in Senate Amendment #1, is hereby declared passed. House Bill 1020, 104 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 Representative HcPike? Read the Bill, Mr. Clerk."
"House Bill 1020, a Bill for an Act to amend the Special Services Area Act together with Senate Amendment #2."
"Representative McPike." icPike: "Well, thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Bill 1020 provided for a method of disconnection from special service area provided that the petitioner could show in court that the territory was not, is not and is not intended by the corporate authority which created this special service area, to be benefited by the services within that area. Senate Amendment #2 further restricts that in an effort to appease any complaints from bonding council to provide that the disconnected territory must also constitute less than one and one half percent of the total equalized assessed valuation of the special service area. I would move to concur in Senate Amendment #2."
"Representative Pierce."
"Would the Gentleman yield to a question?"
"Yes."
"Indicates he will."
"I'm somewhat curious why...what's so magic about one and a half percent? Why not two percent, five percent? Why do you limit it to one and a half percent? There must be some magic there I don't see in that figure."
"NO. No, there is no magic there. It's an arbitrary number. Bonding council is concerned that we do not take so much of the territory out that the ...that the bonds themselves would be in jeopardy. So they requested that we limit it to some extent. One and a half percent leaves 98 1/2% of the EAV still within the territory. It's an arbitrary figure." 105 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 15th Legislative Day
June 29, 1981 "You don't want to go to Conference Committee to try to get that up to five percent or four percent?"
"No."
"All right. If you don't want it; You're the Sponsor of the Bill and you're satisfied with that very restrictive Senate Amendment, as restrictive and illogical as it may be at one and a half percent, I'm willing to go along with you cause you're usually right on most matters."
"Thanks."
"Representative Leinenweber."
"Yes. Would the Sponsor yield to another question?"
"Indicates he will." .einenweber: "Representative McPike, very briefly, what is the procedure that a resident can use under your Bill to disconnect?"
"The resident petitions the court. The court provides public notice. The petitioner must then show in court that he has not received, is not receiving and will not receive any special services." Deinenweber:
"Let me ask you this. With reference to the Amendment, is there any time limit in the Bill when this can be done? Or is it..." "No, there's no time limit."
"All right. Would this prevent... Let's say that five residents constitute one and a half percent and right off the bat or somewhere along the line, they petition, let's say, they join together to hire a lawyer and they petition to get out of this thing and one of the proof problems, presumably, would be to show that they're less than one and a half percent and they were able to sustain that so they're out. Now, would that then prevent anybody in the future who otherwise qualified to be disconnected to get out?" 106 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 icPike: "Yes."
"Or is this a..." icPike: "Yes.."
"...One shot thing." icPike: "It's a total of one and a half percent, yes. If we allowed continually one and a half percent every time a group came in that totalled one and a half percent, eventually there would be no special service area to back up the bonds."
"Well, unless they... They have to show they aren't getting any services and it would seem to me...I mean, I can understand why they want to keep this thing as big as possible. But it would seem to me that let's say you've got five people who own homes who aren't getting any benefit, four of them equal one and a half percent. The five would go over that. Then one of those people has to stay in and pay the tax. Now that seems to me to be fraught with unfairness." icPike: "Well, under current law, no one can get out and I admitted before that one and a half percent is an arbitrary figure. Under the current law, if you are in a special service area and it happened in my District in a sewer area where 30 to 40 thousand of population area were getting new sewers, but approximately 50 people in the area did not get the sewers and the corporate authorities said that (it) was impossible to provide sewers for them. Under current law there's no way that those 50 home owners can get out of paying for the new tax. I think that's unfair."
"Well, Mr. Speaker...Excuse me. Go ahead." icPike: "I think that's unfair and I'm simply trying to address that situation. I admit that one and a half percent is an arbitrary number. I don't know how else to do it in order to satisfy bonding authorities. If you have a suggestion, 107 75th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 Pierce: I'd be glad to take it." "Well, I don't at the moment. Maybe I will have."
"Further discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #2. All those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 144 'aye', 12 'no', 3 voting 'present'. The House concurring with Senate Amendment #2, House Bill 1020 is hereby declared passed. House Bill 1029. Out of the record. House Bill 1041, Representative Conti, in Rules Committee meeting. Temporarily out of the record. House Bill 1045, Representative McMaster. Read the Bill, Mr. Clerk. Representative Epton, could you come up to the Chair please?"
"House Bill 1045, a Bill for an Act to amend the Sheriff's Act together with Senate Amendment #2."
"Representative McMaster."
"Thank you, Mr. Speaker. I'm on the wrong one. Just a second. Senate Amendment #2 is merely...provides additional clarifying language. Provides that the sheriff shall control the internal operations of his office subject to the appropriation ordinance adopted by the county board. I would move that we concur in Senate Amendment #2 to House Bill 1045."
"Is there any discussion? The Gentleman moves for concurrence in Senate Amendment #2. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all those voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 151 'aye', 7 'no', none voting 'present'. The House, concurring with Senate Amendment #2, House Bill 1045 is hereby declared passed. House Bill 108 75th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 1048, Representative Ewing. Representative Epton in the Chair. Read the Bill, Hr. Clerk."
"House Bill 1048, a Bill for an Act creating the Truth in Taxation Act together with Senate Amendment #1."
"Representative Ewing?"
"Μг. Speaker, Ladies and Gentlemen of the House, I would move to concur with Senate Amendment #1. I think this is more ог less an agreed Amendment. It has two specific changes that do affect the Bill. First of all, the Truth in Taxation would not come into effect unless the local taxing body was raising their levy by 105%. So if you only had a one percent increase you wouldn't have to comply with the publication, the public hearing regulations. Second, it removes the election costs from figuring whether your levy goes up 105% and this is because election costs seem to fluctuate depending on the year and the amount of elections and this would be an artificial change in the amount of the levying and therefore would cause the Act to be...to come into play. Without election costs then that won't happen. And I would move for the adoption or for the concurrence."
"Is there any discussion? Representative Leinenweber?"
"Will the Gentleman yield for one question? Representative Ewing, you said if their levy didn't go up more than 105%...what you mean, I think, I hope, is that their levy won't go up more than 5% or that their levy that they're going to adopt is 105% of the previous year's levy. Is that correct?" wing: "That's correct. That was poorly stated. In the Bill you read....it talks about 105% of last year's levy. That's why I stated it in that way. It's actually a five percent increase over the year before." 109 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 15th Legislative Day
"Representative Keane?" June 29, 1981
"Thank you, Мг. Speaker. I rise in support of a Motion ...concurrence Motion. This has been worked out and it's been agreed to. Thank you." :wing: "Thank you." ¡peaker Epton: "Thank you. Representative Klemm?"
"Will the Sponsor yield? Is that an aggregate total and not just individual levies?" wing: "That's the total." :lemm: "Okay, thank you..." wing: "For the unit of local government." :peaker Epton: "Any further discussion? The Gentleman from Cook, Mr. Piel." 'iel: "Move the previous question, Mr. Speaker."
"The Gentleman has moved the previous question. All those in favor indicate by saying 'aye', all those opposed 'no'. The 'ayes' have it. And the Gentleman, Mr. Ewing, to close." :wing: "Mr. Speaker, I think everybody is familiar with this. This is ... may be one of the most effective things we cando to help limit the growth in local real estate taxes. This is Truth in Taxation, an excellent Bill and I would ask for your favorable vote on this concurrence."
"The Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 165 'aye', 3 'no', 1 voting 'present'. And the House concurring in Senate Amendment #1 to House Bill 1048, is hereby declared passed. House Bill 1049. Representative Ewing." lerk O'Brien: "House Bill 1049, a Bill for an Act to create the Illinois Department of Revenue Sunshine Act together with 110 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day Senate Amendments #1 and 2."
"Representative Ewing."
"Mr. Speaker, I would like to concur with Amendment #1 which is just some technical changes to the Sunshine Act which requires the Department of Revenue to publish rulings which they have given other taxpayers. This would aid those taxpayers who may have similar problems or similar questions. And I'm asking for concurrence in Amendment #1."
"The Gentleman moves for concurrence in Senate Amendment #1 to House Bill 1049. All those in favor vote 'aye', all those opposed vote 'no'. This is on Amendment #1. Have all voted who wish? The Clerk will take the record. On this question there are 162 voting 'yes', 2 voting 'no', zero voting 'present' and the House concurs in Senate Amendment #1. Representative Ewing on Amendment #2." wing: "I move to nonconcur in Amendment #2. Amendment #2 would require all state agencies to publish these regulations and not just the Department of Revenue. By and large the most requests for these are with the Department of Revenue and I think if we need this in other Departments at some later time, we can add it. But the cost to the state I think is beyond what the benefit to the taxpayer would be and I would ask for nonconcurrence." peaker Epton: "The Gentleman moves to nonconcur in Amendment #2. All those in favor indicate 'aye'. All opposed 'no'. And the House nonconcurs in Amendment #2. House Bill 1080. Representative Vinson?" lerk O'Brien: "House Bill..." peaker Epton: "Representative Preston on House Bill 1118." lerk O'Brien: "House Bill 1118, a Bill for an Act in relation to abused and neglected nursing home residents reporting 111 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 together with Senate Amendments #1 and 2."
"Representative Preston."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would ask for you to vote for concurrence with Senate Amendments 1 and 2. What these Amendments do is make simple technical corrections in accordance with the requests that we receive from the Department of Public Health. What Senate Bill..er.. Excuse me. What House Bill 1118 did in its original form and still does is require any health care provider at a nursing home to report to the Department of Public Health and to the Director of the nursing home institution any evidence of abuse or neglect that that health care provider sees at the nursing home when he or she makes a visit. The Department of Public Health asks for these technical Amendments to change the reporting date requirements and the time within which the register has to be kept to conform with some of their internal problems. There's... I've received no objection to their Amendments at all. It's been worked out amicably to me and to the Senate Sponsor and I ask for your 'aye' vote."
"Is there any discussion? No discussion? The Gentleman moves for concurrence in Senate Amendments # 1 and 2. All those in favor indicate by voting 'aye', those opposed by voting 'no'. Have all voted who wish? The Clerk will take the record. On this question there are 162 'aye', 2 voting 'no', zero voting 'present'. The House, concurring in Senate Amendments 1 and 2 to House Bill 1118, is hereby declared passed. House Bill 1144, Representative Keane." lerk O'Brien: "House Bill 1144, a Bill for an Act to amend the County Auditing Law together with Senate Amendment #1."
"Representative Keane." 112 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 .5th Legislative Day eane: "Thank you, Mr. Speaker. I move to concur with Senate Amendment #1. It's a technical Amendment. It changes a sentence that says, '...an extension of time of 60 days', to read, '...an extension of time of up to 60 days'. And I would ask for acceptance of Senate Amendment #1."
"The Gentleman moves for concurrence in Senate Amendment #1. All those in favor indicate by voting 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 161 voting 'yes', zero voting 'no', 1 voting 'present'. The House concurring in Senate Amendment #1 to House Bill 1144 is hereby declared passed. House Bill 1150." lerk O'Brien: "House Bill 1150, a Bill for an Act to amend the Probate Act together with Senate Amendment #1." peaker Epton: "Representative Getty."
"Mr. Speaker, Members of the House, I move that the House does concur in Senate Amendment #1 to House Bill 1150. The Amendment clarifies that a respondent in a guardian petition would be entitled to obtain the appointment of counsel either at the hearing or by any written or oral request communicated to the court prior to the hearing. And that the summons would inform the respondent of this right to obtain counsel. I would ask for your support of this Amendment. It was agreed to in the Senate by the proponents of this legislation. I know of no opposition to it."
"Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open."
"Representative Daniels in the Chair." peaker Daniels: "Have all voted who wish? Have all voted who wish? Take the record. On this question there are 164 113 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 'aye', 1 'no', none voting 'present'. The House, concurring with Senate Amendment #1, House Bill 1150 is hereby declared passed. House Bill 1157, Representative Hannig? Read the Bill, Mr. Clerk."
"House Bill 1157, a Bill for an Act in relation to the preservation of wild life and wild life habitat together with Senate Amendment #1." peaker Daniels: "Representative Hannig." dannig: "Yes, thank you, Mr. Speaker and Members of the House. I would move that the House concur in Senate Amendment #1 to House Bill 1157. This is a technical Amendment to the Bill and to refresh your memory, very briefly, the Bill would allow the Department of Conservation to sell wild life habitat stamp for five dollars for the purpose of raising money to preserve wild life habitat. The Bill would also create an eight member Commission to advise the Director of Conservation. However, the Commission would receive no expenses and no salaries and no money of any type. It has no fiscal impact and I would for your favorable vote." peaker Daniels: "Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 162 'aye', 3 'no', 1 voting 'present'. The House, concurring with Senate Amendment #1 to House Bill 1157, hereby declared passed. House Bill 1168, Representative Levin. Read the Bill, Mr. Clerk."
"House Bill 1168, a Bill for an Act to amend the Condominium Property Act together with Senate Amendments #1 and 2." peaker Daniels: "Representative Levin." .evin: "Mr. Speaker, I'm going to ask that the House concur in 114 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 Amendment #1 and then nonconcur in Amendment #2. Amendment #1 makes a couple of technical corrections in the basic Bill. The Bill, as it passed the House, dealt with the right of unit owners in condominiums to attend meetings of the Condominium Association Board. Amendment #1 adds a provision requested by the Chicago Title and Trust Company to conform to the way the existing practice of many condominiums of giving notice by delivery rather than mail. It adds that as an option. And in addition it provides for the posting of notices in common elements of the meetings of the Board of Directors. I would ask for concurrence in House Amendment....in Senate Amendment #1."
"Any discussion? The Gentleman, Representative Conti."
"...Yield? Representative Levin?"
"Indicates he will."
"Representative Levin, yes, which..when you hold this meeting, which zoning are you going to apply to? The Chicago one or the one the state comes up with?"
"Representative, I shared your view as far as Senate Bill 390 and voted against..."
"Yes, I understand that. But I don't know how to vote on this Bill. Are we going to comply with the state's regulations or the city of Chicago's?"
"The..the existing interpretation in terms of the city of Chicago is that you have to comply with both the state and the city."
"Thank you. You've answered my question. I know how to vote now."
"Further discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take 115 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 the record. On this question there are 146 'ayes', 16 'no', none voting 'present'. The House concurs with Senate Amendment #1. Representative Levin on Senate Amendment #2. The Gentleman moves to nonconcur in Senate Amendment #2. Representative Levin." "Yes. Amendment #2 was added in the Senate at the request of Representative O'Brien. And it establishes the High-Rise Fire Commission. Would ask to nonconcur. This is... Representative O'Brien and Representative Barr both agree that we should nonconcur in this Amendment because we need to change the numbers..."
"The Gentleman moves to nonconcur in Senate Amendment #2. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. And the House nonconcurs in Senate Amendment #2. House Bill 1172, Representative Koehler."
"House Bill 1172, a Bill for an Act to amend the State Fair Act together with Senate Amendment #1."
"Representative Koehler."
"Mr. Speaker, Ladies and Gentlemen of the House, I would ask your concurrence on House Bill 1172. The Bill, itself, amends the State Fair Act. It provides for admission refunds to the grandstand in case of rain during the State Fair. The Senate Amendment #1 corrects a technical error and provides for an appropriate effective date. I would like to move for concurrence on Senate Amendment #1."
"Any discussion? Being none, the Lady moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 159 'aye', no 'nay', none voting 'present'. The House, concurring with Senate Amendment #1, House Bill 1172 is 116 75th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 hereby declared passed. House Bill 1179, Representative Hoffman? Read the Bill, Mr. Clerk."
"House Bill 1179, a Bill for an Act to amend an Act providing for Forest Preserve Districts together with Senate Amendment #1."
"Representative Hoffman."
"Thank you, Hc. Speaker, Ladies and Gentlemen of the House. I move to concur in Senate Amendment #1 to House Bill 1179. Amendment.. Senate Amendment #1 added restoring and reconditioning and reconstructing as potential reasons for a Forest Preserve District for levying taxes. The purpose of this Amendment was to clarify existing language which permits taxation for developmental purposes and we wanted to make sure that that included the restoring of older buildings ог reconditioning those that exist or reconstructing older buildings. So I move for the adoption (sic, concurrence) of Senate Amendment #1 to House Bill 1179."
"The Gentleman moves for concurrence in Senate Amendment #1. Is there any discussion? Representative Ewing, your light is on, Sir. All right. The Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 156 'aye', 8 'no', none voting 'present'. The House, concurring with Senate Amendment #1, House Bill 1179 is hereby declared passed. House Bill 1189, Representative Zwick. Read the Bill, Hr. Clerk."
"House Bill 1189, a Bill for an Act in relation to ride sharing together with Senate Amendment #1."
"Representative Zwick."
"Thank you, ΜΓ. Speaker, Ladies and Gentlemen of the 117 75th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 House. I would like to ask for concurrence on Senate Amendment #1 which basically was offered in the Senate Transportation Committee by the staff to rewrite the Act. Basically doing the same thing that it originally did, to ensure that ride sharing cannot be regulated and it would put it into the Illinois Vehicle Code which I had removed it from. It was the feeling of the Senate that it was more appropriately placed in the Illinois Vehicle Code. So I would ask for your concurrence on this Amendment."
"Any discussion? Being none, the Lady moves for concurrence...Excuse me. Representative Greiman?"
"This appears to ...it says in our Synopsis that no unit of local government, including home rule units, may impose taxes or acquire licenses, etc. So, would that therefore be a..require a home rule...107 votes? Mr. Speaker, as a pre-emption of local control?"
"The Parliamentarian is of the opinion, as is the Chair, that it takes 107 votes. Any discussion? The Gentleman from Cook, Representative Getty."
"Mr. Speaker, will the Lady yield?"
"She indicates she will on this Bill, Sir."
"Representative Zwick, as I understand it, by this Senate Amendment 1, you would take out the necessity of financial responsibility to persons who are in a ride sharing arrangement or operating a commuter van. Is that correct?"
"Yes, that's my understanding of it also."
"So that in effect you would permit private jitney type services to operate without the necessity of having insurance so that if they were involved in an automobile accident, that there would not be insurance to indemnify either the riders or the persons with whom they became involved in the accident?"
"No. No, private jitneys are not included under the 118 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 definition of commuter van and this is also limited to riding back and forth to your place of employment because I also questioned that insurance part of it and I was told that no, it would not."
"Well, where is commuter van defined?"
"In the Illinois Vehicle Code. That's why they inserted it back into the Illinois Vehicle Code so that the definitions within the Vehicle Code would apply to the Act."
"Could you read me that Section please?"
"I'm sorry. I don't have it here."
"Now, a person participating in a ride sharing arrangement ...Is a person participating in a ride sharing arrangement, is that defined?"
"Yes, I believe in the Illinois Vehicle Code under ride sharing arrangement there is a definition."
"Well, all right. Ride sharing is defined?"
"Yes."
"Do you have that definition?"
"No, I'm sorry. But from my memory it includes van pooling...ride sharing is car pooling and van pooling, I believe are the only two things listed under it."
"All right. As regards either these yet completely undefined commuter vans or any person participating in a ride sharing arrangement, there would not be the necessity of having insurance. Is that correct?"
"No. The company that owns the van would have to have insurance, not the individual driving it, is my understanding of it from the Senate."
"Well..."
"Oh, thank you."
"I'm not quite so sure. Our staff has raised some very serious questions. Apparently you're indicating you don't 119 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day want to do that...."
"Right.." Getty: June 29, 1981
"..And I don't want to have them uninsured either and I think it might...and I would respectfully suggest to you that until we can get that cleared up that you might want to take it out of the record. At this point I'd have to oppose it unless we could get that cleared up." "Would the proper procedure in a timely manner, will we get back to it if I remove it for the record? Or, should I nonconcur and we could settle it there?"
"Well, I will...I will say that if you would agree to take it out, I think the Chair would be willing, as the Chair has done in the past, to go back to it as soon as we resolve this question."
"Okay. I request to take it out of the record then please?"
"I can't speak for..."
"The Lady yields to the Gentleman's request."
"Thank you."
"Out of the record temporarily. House Bill 1234, Representative Preston. Read the Bill."
"House Bill 1234, a Bill for an Act relating to contractors and material mens' liens known as mechanics liens together with Senate Amendment #1."
"Representative Preston."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I'd ask for your concurrence in Senate Amendment #1. This Amendment was suggested by my good friend, Representative Ewing, on the other side of the aisle. It adds to the Mechanics Lien Law the mobile homes which..for which labor now applied to mobile homes can result in mechanics' lien by the providers of that labor of those services. Right now, the Mechanics' Lien Law...right now 120 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 the Mechanics' Lien Law applies to homes or to real estate and to boats and other types of water craft and this merely adds to it mobile homes. It is needed and I'm sure at the time this legislation was first proposed, the first Mechanics' Liens Law, mobile homes at that time were not what they are today. In fact, they are not as mobile today as they once were and I would ask for your concurrence."
"Any discussion? Being none, the Gentleman moves concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 161 'aye', 4 'no', none voting 'present'. The House, concurring with Senate Amendment #1, House Bill 1234 is hereby declared passed. House Bill 1252, Representative Hoffman. Read the Bill, Mr. Clerk."
"House Bill 1252, a Bill for an Act to amend Sections of the School Code together with Senate Amendment #1."
"The Gentleman please have your attention? Representative Hoffman, 1252."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1 to House Bill 1252. Senate Amendment #1 to House Bill 1252 puts this issue back in the original condition it was in in House Bill 497 when it was introduced in the House. This deals with the interpretation of the difference between collections and extension for the inclusion of the corporate personal property tax in the distribution of money for the gifted and transportation. This Bill, in its present form, is the form in which it was adopted by the School Problems Commission and this is the form in which it is presently being interpreted under Section 18-8 in the 121 15th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 School Code. This has a primary impact on school districts in Cook County because they were the ones ...that was the county where the difference in collection and extension was the most notable. However, there are other counties..there are other counties involved. In House Bill 3114, last year we agreed to a phase in in the formula of the difference between collections and extensions. We did not include that language in the Sections on the transportation and special education. This Bill puts those inclusions in those two Sections and I would ask for your support of this Amendment."
"Any discussion? The Gentleman from Coles, Representative Stuffle."
"Yes, would the Sponsor yield to a couple of questions?"
"Indicates he will."
"So that the Members know, this Amendment changes our posture from where it was with, I believe, Mr. Reilly's Amendment, in the House. Is that correct?"
"Representative Hoffman."
"The...When House Bill 497 was introduced, it was introduced in the form that you see this Bill now with the Constitutional Amendment. We then adopted an Amendment in the House which amended that particular version. This Amendment puts it back in its original form as it came from the State Board of Education and the School Problems Commission."
"Would you tell us the difference revenue-wise as to downstate schools as opposed to Cook County schools, the posture of your Amendment vis-a-vis Mr. Reilly's?"
"You must remember that this Bill only addresses special education and transportation. And I'm sorry. I don't have those numbers, you know, in special ed and transportation." 122 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981
"Isn't there about a six and a half million dollar difference in the impact between the Amendments?"
"That..that impact is not directed to special ed and transportation. There has been an application of this interpretation to the..to the general distributive fund and that difference is not included in the printouts that we've been distributing. The printouts which have been distributed interpret the general distributive fund in the form which is before you right now with the Senate Amendment and as originally introduced by the Commission."
"To the... To the Amendment and the Motion for concurrence..."
"Proceed, Sir."
"There is a legitimate difference of opinion as to the impact of whichever interpretation you might use. Some people have disagreed with the interpretation that Representative Hoffman has and the Office of Education now has with regard to this issue. There has been flip-flop as to that interpretation. The net impact, if you will, to put it in the bluntest and broadest terms, is that this Amendment will not be beneficial to the downstaters and most of the suburbanites who sit in this House. It will be beneficial on the other hand if you live in Cook County. There is a six and a half million dollar difference in the impact of this Amendment as opposed to Mr. Reilly's. now, I suspect that if this goes to the Governor's Office in its form, as Representative Hoffman has asked for concurrence, that there will again be a pitched battle. I suggest to you today that if you live downstate or if you live in the suburbs outside of Cook County, you ought to take a long and hard look at this, regardless of who interprets it how and you ought to cast a 'no' vote on concurrence and consider that this battle was fought out here earlier and 123 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 resolved on behalf of not this Amendment, but the Amendment offered by Mr. Reilly, interpretation to the contrary notwithstanding. Those of us who live where I suggested ought to give this a 'no' vote. The Senate also in considering it had a very protracted consideration debate and a battle, if you will, that resulted I believe, and Representative Hoffman can correct me if I'm wrong, I believe this Amendment got the bare minimum 30 votes to pass and for the reasons cited, I would ask a 'no' vote."
"Further discussion? The Gentleman from Cook, Representative Ewell."
"Mr. Speaker, Ladies and Gentlemen, I think that sometimes we have to be reasonable and it's necessary that we concur with things that we have had a few battles on. Everybody has taken a look at it and you really have to decide. It comes time not to throw everything around and have everything kicking around in Conference Committees. There's some things that we have to dispose of and the school children are ones that we have to take care of. I would agree that we ought to concur with this Amendment and send it on to the Governor. It's a good Amendment."
"Further discussion? Representative Hoffman to close. Representative Getty?"
"Thank you..."
"Excuse me, Representative Hoffman, he was late in turning his light on but we'll recognize him. Representative Getty."
"Will the Gentleman yield?"
"Indicates he will."
"Do I understand that the effect of this would be that averaging would be used?"
"I'm sorry. I'm not sure I understand your question."
"Would there be an averaging of the prior collected taxes? 124 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 Is that the effect of this Amendment?"
"The effect of this Amendment means that when we're figuring out the difference between the collection and extension in House Bill 3114, we split that into a three step phase. This just... This Amendment just deals with the interpretation of the level on each of those three steps. It's divided into three steps in terms of access between collection and extension. In two more years, this Getty: will have no application at all." "Would this result in any sort of tax increase?"
"No, it would not."
"Thank you."
"Representative Schneider."
"I just want to confirm a few things. One is that the 18-8 Section. This would bring that into conformity with that, if I'm not mistaken. It's been an interpretation problem from the State Board of Education's perspective. Those of us who have stayed fairly close to these issues, and I'm a suburbaner... suburbanite outside of Cook, feel that this is a justifiable kind of language to apply to transportation in the gifted as well as for the formula under 18-8. So I would urge that the Members support the measure."
"Further discussion? Being none, the Gentleman, Representative Hoffman, to close."
"Mr. Speaker, Ladies and Gentlemen of the House. A much bigger issue has been made out of this than exists. This... Presently, we already do this according to 3114. Every print out that you've seen on any particular formula has used this interpretation. We are putting the interpretation in a little more definitive language into the transportation and special ed section which are the only other two places where it's necessary to deal between 125 15th Legislative Da y STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 collections and extensions for the next three years. I would ask for your support."
"Gentleman moves for the concurrence in Amendment #1. All those in favor signify by voting 'aye', opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Mautino, to explain his vote. The timer's on, Sir." fautino: "To all my..."
"Can the Gentleman please have your attention?" lautino: "TO all my downstate friends, please examine the provision on the differential between the replacement tax and the formula figures, and I think that if you're outside the suburban area and the County of Cook I think you will find that we have a definite shifting of the funding. I plead with you to examine it very closely and a 'no' vote is a right vote on this one."
"Have all voted who wish? Have all voted who wish? Take the record. On this question there are 99 'aye', 55 'no', 3 voting present'. The House concurs with Senate Amendment #1 to House Bill 1252. It's hereby declared passed. Okay. Representative Greiman was in the Rules Committee meeting. We're going to take his Bill. Representative Greiman on House Bill 1136. Read the Bill."
"House Bill 1136, a Bill for an Act to amend the State Comptroller Act together with Senate Amendment #1."
"Representative Greiman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Amendment to House Bill 1136 makes sone clarifying language..."
"Gentleman eman please have your attention? All those not entitled to the floor, please retire from the floor. All those not entitled to the floor, please retire. Members be in their seats. Representative Greiman." 126 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Greiman: the "The June 29, 1981 Amendment makes some clarifying language to change expression 'contracts to be paid from deferred compensation', changing that to quote 'contracts between the state and its employees to defer compensation pursuant to that Article of the Illinois Pension Code which deals with deferred compensation. It also makes a grammatical change by deleting the word 'equally' when it merely means 'to the extent of', and that's all that it does."
"Is there any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', oppose vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 159 'aye', none voting 'no', none voting 'present'. The House concurring with Senate Amendment #1 to House Bill 1136. It's hereby declared passed. Pick up Representative Telcser's Bill, House Bill 1081. Representative Telcser. Read the Bill, Mr. Clerk."
"House Bill 1081, a Bill for an Act to amend the Illinois Housing Development Act together with Senate Amendments #1, 2, and 3."
"Representative Telcser. Could the Gentleman please have your attention?"
"Mr. Speaker, Members of the House, I would like to move that the House concur with Senate Amendments 1, 2, and 3 to House Bill 1081. You may recall House Bill 1081 dealt with IDA and allowed the agency to provide funding for a home improvement loan through lenders who wish to participate in the program. Senate Amendment #1 restores House Bill 1081 to the form in which it was introduced. We adopted an Amendment in the House to satisfy Bond Council. It was a technical Amendment. Since it went to the Senate it was found out that the Amendment wasn't necessary SO Senate 127 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day, June 29, 1981 Amendment #1 restores the Bill to its original form. Senate Amendment #2 is a technical Amendment requiring that certain loans be secured either by mortgages or insurance. Senate Amendment #3 provides that the authority may give priority consideration to applicants for home improvement loans which provide for energy conservation. I move that the House concur with Senate Amendments 1, 2, and 3 to House Bill 1081."
"Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendments #1, 2, and 3. Those in favor vote 'aye', opposed vote 'no'. The voting is open. 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 152 'aye', 10 'no', 2 voting 'present'. The House concurs with Senate Amendment #1, 2, and 3 and House Bill 1081 is hereby declared passed. House Bill 1253, Representative Keane. Read the Bill, Mr. Clerk."
"House Bill 1253, a Bill for an Act to amend the Revenue Act together with Senate Amendment #1."
"Representative Keane."
"Thank you, Mr. Speaker. I rise to concur with Senate Amendment #1 to House Bill 1253. What Senate Amendment #1 does, it affects the Retail Occupational Tax Act and it says that any amount of tax which is not paid when due shall bear interest at the rate of 2% instead of the present 1%. The Bill was supported by the Department of Revenue. It's my understanding that it's their Bill and I would ask for a favorable Roll Call."
"Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have 128 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 all voted who wish? Take the record. On this question there are 148 'aye', 14 'no', 1 voting 'present'. The House concurring with Senate Amendment #1. House Bill 1253 is hereby declared passed. Representative Zwick on House Bill 1189. Read the Bill, Mr. Clerk."
"House Bill 1189, a Bill for an Act in relation to ride sharing together with Senate Amendment #1."
"Representative Zwick."
"Thank you. I move to nonconcur on..."
"The Lady moves to nonconcur in Senate Amendment #1. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it and the House nonconcurs in Senate Amendment #1. Representative Cullerton."
"Mr. Speaker, now that we're on that Order of Business, nonconcurrence, we have about nine Bills..."
"Sir, we took that one because we took it out of the record temporarily."
"What do you think about my idea?"
"I think we're going to House Bill 1273. Read the Bill, Mr. Clerk."
"House Bill 1273, a Bill for an Act to amend the School Code, together with Senate Amendments #1 and 2."
"Representative Reilly."
"Thank you, Mr. Speaker. House Bill 1273 deals with the ways in which we calculate the transportation part of the state aid formula or the state aid formula for transportation. Senate Amendments... Senate Amendments 1 and 2... I would move to concur in Senate Amendments 1 and 2. Senate Amendment 1 simply provides an effective date of July 1 and Amendment 2 makes a technical change in the manner of which the proration of claims is calculated. It was agreed to in the Senate and I agree to it. I would ask that the House concur in Senate Amendments 1 and 2 to House 129 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Bill 1273."
"Any discussion? June 29, 1981 The Gentleman moves for concurrence in Senate Amendments #1 and 2. Those in favor vote 'aye'. Representative Getty. I'm sorry, Sir. Was your light on, Sir?"
"Yes, it was."
"Alright. Getty." Clear the vote.
Representative Getty: "Mr. Speaker, will the Gentleman yield?"
"He indicates he will."
"What would be the cost to unit districts, to elementary and secondary districts? Would they lose money under this?"
"Representative Reilly."
"No. It brings unit district... It would help unit districts and brings them a little bit closer to the reimbursement rates that we've been using for high school and elementary districts. It would not hurt unit districts or the others."
"Will it take money away from anybody?"
"My technical advisor tells me the answer is essentially no. The claims for high schools will be lower because of the change we're making, but the proration level will be higher and the dollar amounts they'll get will be roughly the same. I must say that, Senator, if you're concerned about Chicago, which I would understand. Senator Berman was involved in this in the Senate and concurred and helped pass it out of the Senate Committee and helped pass it on the floor."
"So what you're telling us is that there would be no loss to any school district as a result of passing this."
"Representative Reilly."
"The estimates we have... The estimates we have is that 130 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day it is roughly tell you."
June 29, 1981 the same for the city and that's all I can "Representative Getty."
"If you're saying, Sir... If you're saying, Sir, that this will not result in a loss to any school district, I'll take your word for it. I know you'll back it up and ask the Governor to veto it if it turns out we're wrong."
"I can't make that guarantee. I could have beaten the Bill that you had up here a minute ago that gave some money to Chicago. I'm sorry now I was a nice guy and didn't. I won't repeat the mistake again in the future. I can't make that guarantee that the people who are standing here telling me that roughly it will be the same. I'm not going to make that guarantee and later find out that it's not exactly the same. Senator Berman has not been noted for giving away money from Chicago schools and he approved the Bill in the Senate. That's as far as I'm going to go."
"Thank you."
"Former Member of the House, Member of the Senate, Congresswoman Lynn Martin over on our left talking to Representative Epton. Nice to see you again. Representative Hoffman."
"Thank you, very much, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the Motion to adopt Senate Amendment #2. Senate Amendment #2 is primarily a technical change in the manner in which the proration of the claim is calculated, and it just indicates that the language is closer to the standard proration language than was the wording of the Bill that passed in the House. This particular piece of legislation should be supported. There is a great deal of equity involved in this. I believe those of us who supported the last piece of legislation should also be in support of this. I would ask for your 131 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 75th Legislative Day 'aye' vote."
"Representative Stuffle."
"As to the question raised as to the impact on the City of Chicago school district. This Bill only amends that portion of the School Code that effects those who claim reimbursement under Article 29-5 of that particular Chapter. The City of Chicago school district does not come within the purview of this as I understand it. They don't collect money under 29-5 at this time. It would regard adjustments to the formula on with those school districts in mind that do received reimbursement under Article 29 and the city would not be affected. It would be in effect on those districts that do get the money downstate and in the suburbs. So there should be no impact whatsoever on the city."
"Representative Schneider."
"On the question of... Apparently, we're not talking about Senate Amendment #1. Is that right? We're talking about the Bill. I want to just reiterate. I don't know what... The conversation has ranged across a couple of areas. One thing that ought to be pointed out is that there will be some shifting of the dollars as a consequence of the change of the qualifying rate, but that's an equitable change again. It is not anything related to a tax increase. The qualifying rates are given within the districts. You get a certain percent if you're elementary, a certain percent if you're a unit in a high school. Those factors are given. They have nothing related to taxes. Now, on the matter of other elements in the Bill, remember the proration that will take place will be on allowable costs and not on the equalized assessed valuation. What that means is that a poorer district will tend to gain more dollars as a result of this change. The other part I think 132 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 of the Bill that's important is that there will be automatic adjustment and proration. You have yet they have a philosophy about that, I think, whether or not you like to present the dollars and allow for the proration levels to be made automatically rather than us dealing with containing the dollars. I think that's part of the Bill you have to look at too. I'm going to support the Motion to concur because I do think the changes in the qualifying rates, the automatic proration are fair for schools throughout the state. The concern over the city, I don't believe it effects the city at all in terms of their rates and the proration. They are a low claim district. They do not levy a tax that is high enough to collect dollars. They're not entitled to reimbursement money. So, I would support this Motion."
"Representative Topinka. Representative Topinka."
"Excuse me, Mr. Speaker. I don't want to speak. It's hard for me to see my button here with all my papers. I must have hit the wrong button."
"Okay. Representative Vitek."
"Thank you, Mr. Speaker. I move the previous question."
"Question is, 'Shall the main question be put?". All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. Representative Reilly, to close."
"Mr. Speaker, I would simply move for a favorable Roll Call. The Bill simply brings the various kinds of school district into some kind of equity. School Problems Commission, the Bureau of the Budget, all of the groups that have studies this have signed off on it. I think it's fair and reasonable and would ask for a favorable vote."
"Gentleman moves for concurrence in Senate Amendments #1 and 2. Those in favor vote 'aye', opposed 133 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Representative Ewell, to explain his vote. Timer's on, Sir."
"Mr. Speaker, the Gentleman who spoke prior to this when they claimed that Chicago does not claim under this Section are not totally accurate. What they're really saying is we don't claim very much, but we are effected under these grants."
"Have all voted who wish? Have all voted who wish? Take the record. On this question there are 143 'aye', 13 'no', 1 'present'. The House concurring with Senate Amendments #1 and 2. House Bill 1273 is hereby declared passed. House Bill 1288, Representative Donovan. Read the Bill, Mr. Clerk."
"House Bill 1288, a Bill for an Act to amend an Act in relation to State Police, together with Senate Amendment #1."
"Could the Gentleman please have your attention? Representative Donovan."
"Thank you, Mr. Speaker. House Bill 1288 sponsored by myself, Larry Stuffle and Senator... Thomas in the Senate, provides for a statutory framework to protect legitimate interests in State Police officers, special agents of Department of Law Enforcement who are under investigations of allocations of misconduct. The officers must receive written notice of charges filed against him, rights... right of present of counsel for any questions and must be advised of the charges, could lead to disciplinary sanctions. Now, Senate Amendment #1, an agreed Amendment put on in the Senate and agreed between the Department of Law Enforcement and FOP states just this. The Board, and that means the Merit Board, that they're working under, may, under unanimous decision, dismiss a petition if it is 134 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 75th Legislative Day determined there is no substantial basis for the review of this suspension. The key word in there is 'unanimous'. The second part of the Amendment is, it specifically requires that the internal investigations be made by people in the internal investigations. They have to be conducted by those people specifically. Another area of Senate Amendment #1 is that you, in addition to a written transcript you have an option of electronic transcript. And finally in Senate Amendment #1 the interrogation process and the rights under this law kick in only after a fifteen day suspension or more or fire you. It kicks in at that point. This cuts down on frivolous charges we feel and it is supported by both the Department of Law Enforcement and FOP. It's an agreed Amendment. I'd move your concurrence."
"Representative Stearney."
"Will the Gentleman yield?"
"Indicates he will."
"I notice that you mentioned on this Senate Amendment you need an unanimous decision in .... petition. Am I right?"
"Yes, that's right."
"Wouldn't that make it rather difficult to ever have a petition dismissed against a police officer if it requires an unanimous consent?"
"If the Merit Board under the unanimous decision, and only under unanimous, has the right to suspend that. That's right."
"Well, assuming that there is not unanimous consent, what will happen to petition, then, pending against a police officer?"
"Well, it would go on. It would be handled the way the Bill was written. The unanimous requirement there really 135 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 kicks this out. They're not covered under that. If you do not have unanimous decision, as you're speaking about, then we would go into the Bill and go through the parts of that."
"Okay, that's a very good explanation. I thank you and I will vote for this measure."
"Further discussion? The Gentleman, Representative McAuliffe."
"Well, Mr. Speaker, Ladies and Gentlemen of the House, I would rise and support Representative Donovan on this concurrence. We did pass out of .. Policemen's Bill of Rights of this House, I think, 151 to 8, was killed in the Senate. So this will help make up for the difference. This covers the downstate police officers."
"Further discussion? The Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 155 'aye', 5 'no', none voting 'present'. The House, concurring with Senate Amendment #1, House Bill 1288, is hereby declared passed. House Bill 1291, Representative McClain. Read the Bill, Mr. Clerk."
"House Bill 1291, a Bill for an Act to amend the Criminal Code together with Senate Amendment #1."
"Representative McClain."
"Thank you, very much, Mr. Speaker, Ladies and Gentlemen of the House. Senate Amendment #1 to House Bill 1291 amends the Bill as it previously left the House. What it would require is that on two different occasions within seven days the retailer would have to present the check to the bank institution to determine prima facie evidence that there was insufficient funds in the account during those seven days. This Amendment was recommended through the 136 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Da y June 29, 1981 Judiciary II Committee here in the House, Mr. Stearney and the Amendment was placed on in the Senate. It now has the concurrence with the banks and the Illinois Retail Merchant Association and also Mг. Stearney. I would move for concurrence of Senate Amendment #231 to House Bill 1291."
"Representative Friedrich."
"Sponsor yield?"
"Indicates he will."
"Isn't the issuance of one check now within sufficient McClain: fund evidence of deceptive practice?" "Dwight, the issue is that right now the determination for insufficient funds has to be that there's an intent that when you drew the check that you did not have funds in your account. What this would provide is adds another issue for proving that indeed the person was fraudulent in writing that check in that its prima facie evidence that he did not have funds in his bank twice during those seven days."
"But it does not remove the penalty for deceptive practice in the case of one check if, in fact, deceptive." it
"That's correct, Sir. This just adds another one."
"Thank you."
"Representative Schuneman."
"No questions, Mr. Speaker."
"Gentleman moves for concurrence in Senate Amendment #1. All those in favor will signify by voting 'aye', opposed by voting 'no'. The voting is open. Have all those voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 157 'aye', 2 'no', none voting 'present'. The House concurring with Senate Amendment #1 to House Bill 1291 is hereby declared passed. Could we please have your 137 75th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 attention? House Bill 1297, Representative Keane. Read the Bill, Mr. Clerk."
"House Bill 1297, a Bill for an Act to amend the School Code together with Senate Amendments #1 and 2 ."
"Representative Keane."
"Thank you, Mr. Speaker. I move to concur with Senate Amendments 1 and 2 on House Bill 1297. The Amendments tighten up the language of the Bill have that refer specifically to school psychologists which was my intent, and I would ask for a favorable consideration."
"Is there any discussion? Being none, the Gentleman moves for concurrence in Senate Amendments #1 and 2. Those in favor vote 'aye', opposed vote "no". The voting's open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 160 'aye', 1 'no', 3 voting 'present'. The House concurring in Senate Amendments #1 and 2 to House Bill 1297 is hereby declared passed. House Bill 1313, Representative Kosinski. Read the Bill, Mr. Clerk."
"House Bill 1313, a Bill for an Act to amend the Criminal Code together with Senate Amendments #1 and 2."
"Representative Kosinski."
"Mr. Speaker and Ladies and Gentlemen of the House, House Bill 1313 is our exploding bullet Bill. It passed Judiciary Committee unanimously, passed the House unanimously. It passed the Senate Judiciary Committee unanimously and then passed the Senate unanimously as amended. Senate Amendment #1 is a technical Amendment. Senate Amendment #2 does not pertain to exploding bullets but I have no problem with it. Senate Amendment #2 says, on place of trial of the Criminal Code it provides that if neither the county in which the cause of death was inflicted nor the county in which death insued are known 138 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 before the trial, the offender may be tried in the county where the body was found. I'm in agreement with both Senate Amendments. I ask for your concurrence."
"I didn't have any trouble figuring out that Representative Stearney would stand up on that one.. Gentleman from Cook, Representative Stearney."
"My only question is this, that Senate Amendment deals with the subject of venue. Am I right?"
"Representative Kosinski."
"I couldn't hear you."
"That Senate Amendment #2 deals with the subject of venue where the trial may be commenced."
"Yes, it's evidently permissive. It's a 'may'."
"Well, would you repeat it again?"
"Certainly, I'll talk slowly. It adds an Amendment to a paragraph on place of trial of the Criminal Code. Provides that if neither the county in which the cause of death was inflicted nor the county in which death insued are known before the trial the offender may be tried in the county where the body was found."
"Okay. I take then that that Amendment came about because of some people found along the interstate somewhere some few years ago?"
"That's right."
"Okay. No objection."
"I ask for concurrence to both Senate Amendments."
"The Gentleman moves for concurrence in Senate Amendments #1 and 2 to House Bill 1313. Those in favor vote 'aye', opposed vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 165 'aye', no 'nay', none voting 'present'. The House concurring with Senate Amendments #1 and 2 to House Bill 139 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 1313 is hereby declared passed. House Bill 1354, Representative Giorgi. Read the Bill, Mr. Clerk."
"House Bill 1354, a Bill for an Act to amend the Environmental Protection Act together with Senate Amendment #1."
"Representative Giorgi."
"Mr. Speaker, I move to concur in Senate Amendment #1 to House Bill 1354. The Amendment allows changes from September the first to December 31 in 1982 when the Pollution Control Board will be required to adopt regulations for permit program as established in this Bill which is the 'bubble concept Bill' and also deletes language allowing the Pollution Control Board to adopt interim rules. There will be no interim rules. It also adds new language allowing the Pollution Control Board to adopt requirements and rules that are no more stringent than those required by the Federal Clean Air Act and I would urge its adoption."
"Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 156 'aye', 1 'no', 1 'present'. The House concurring with Senate Amendment #1 to House Bill 1354 is hereby declared passed. House Bill 1356, Representative O'Connell. Read the Bill, Mr. Clerk."
"House Bill 1356, a Bill for an Act to amend an Act to provide the manner of living and posing taxes to the provision of special services to areas within the boundaries of home rule units and non-home rule units, municipalities and counties together with Senate Amendment #1."
"Representative O'Connell." 140 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 75th Legislative Day )'Connell: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur in Amendment #1 to Senate Bill 1356 (sic, House). The Amendment does two things. It was drafted... First of all, it was drafted by the Illinois Municipal League to, number one, it provides that special service area may include an area that is within a municipality and a contiguous, unincorporated county area and as well as visa versa in order to create a special service area given that the consent of both the municipality and the unincorporated portion of the county is obtained. Secondly, the Amendment provides that the taxing facilities for a special service area shall be as it is currently. There was some question with regard to the Bill itself that the special service area taxing may be restricted to real property. That is not the current law. We, accordingly, issued this Amendment so that it would be clear that the taxing facilities are not changed in the current special service area taxing law. I would move for its concurrence."
"Any discussion? Representative Levin."
"Would the Sponsor yield?"
"Indicates he will." ¡peaker Daniels: "Why do we need to create more special use districts?"
"Representative O'Connell." )'Connell: "Yes, Representative Levin. The Bill is a directly imminating from a case which occurred in Belleville in 1979. Heineken Furniture... Hiken furniture versus the City of Belleville wherein a special service area, in order to create a downtown mall, was created. The mall included... was surrounded... strike that. Within the special service area there was residential property and industrial property surrounded by the special service area. 141 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day .evin: June 29, 1981 The special service area was directed in order to develop a commercial mall. The city then excluded the residential and the industrial since there was no direct benefit for those properties. The city was sued by one of the commercial establishments. The case went to the Appellate court where the Appellate court indeed held that the special service area could exclude certain properties that did not receive a direct benefit. Since the court was only decided at an Appellate court level, the law is here in order to clarify the existing special service law." "Does this change the authority as far as creating special service areas?" )"Connell: "NO, Representative, what it does is simply indicate that a special service area does not have to be contiguous." .evin: "Because I think there is a concern that we've had a proliferation of these and, you know, this will not allow new special service areas that didn't previously exist." "Connell: "NO. The concept is still there that there has to be a direct benefit obtained. All it does is provide that the special service area no longer has to be contiguous and that you can exclude those portions of the special service area that do not receive benefit although they are surrounded by the special service area." a
"Representative Kociolko."
"Mr. Speaker, will the Sponsor yield?" peaker Daniels: "Indicates he will."
"Represenative, would the rights of the residents of the second community in the proposed special service district be identical to the rights of those in a single community district with regard to opposing the creation of such a special service area?" ¡peaker Daniels: "Representative O'Connell." 142 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day "Connell: "That is correct, Representative. June 29, 1981 The Bill is not directed toward the creation or depletion of existing rights. It's simply addressed to the definition of special service areas. It would not effect the rights one way or the other of those within the special... municipality outside the municipality that would be within the special service area." peaker Daniels: "Representative Kociolko."
"At the present time, the property owners and voters of record have a process by which they can overrule the creation of such a district. Now, would the residents or the property owners in the new area be covered cummulatively with those of the first community or would they constitute two separate entities if they chose to override such a district?" 'Connell: "Representative, my understanding of the Amendment which was drafted by the Illinois Municipal League was that the special service area, the residents within the special service area, whether they be within the municipality or the county, would be as one body for purposes of establishing the special service area. Therefore, I do not believe the Amendment is addressed to separating the two, but rather in defining the special service area and, accordingly, whether that new special service area votes it up ΟΙ down. That is what the Amendment is addressed at, addressed to so it would not be splitting the municipality in an unincorporated... county."
"Thank you." peaker Daniels: "Further discussion? Gentleman moves for concurrence of Senate Amendment #1. Those in favoΓ vote 'aye', opposed vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 152 143 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day 'aye', 6 'no', June 29, 1981 1 'present'. The House concurring with Senate Amendment #1 to House Bill 1356 is hereby declared passed. House Bill 1364, Representative Telcser. Read the Bill, Mr. Clerk."
"House Bill 1364, a Bill for an Act to amend the Illinois Housing Development Act together with Senate Amendment #1."
"Representative Telcser." elcser: "ΜΙ. Speaker and Members of the House, House Bill 1364 extended until July 1, 1982, I believe it was, the... 1983 the moritorium on interest rate ceilings and that passed the House. The Senate adopted an Amendment to limit the rate to 11% or 70% of prime. The authority could not exceed the greater of those two. Mr. Speaker, I now move that the House concur with Senate Amendment #1 to House Bill 1364,"
"Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. All those in favor vote 'aye', opposed vote 'no'. The voting's open. 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 144 'aye', 11 'no', 3 voting 'present'. The House concurring with Senate Amendment #1 to House Bill 1364 is hereby declared passed. House Bill 1365, Representative Vinson. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 1365, a Bill for an Act to amend an Act providing for confidential character of certain medical studies together with Senate Amendment #2." :peaker Daniels: "Representative Vinson." inson: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would move for concurrence in Senate Amendment #1 to House Bill 1365. Senate Amendment #1(sic, #32) simply changes the word 'confidential to 'privileged'." 144 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 ¡peaker Daniels: "Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #2. Those in favor vote 'aye', opposed vote 'no'. The voting is open. 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 160 'aye', 2 'no', none voting 'present'. The House concurring with Senate Amendment #2 to House Bill 1365 is hereby declared passed. House Bill 1367, Representative Bower. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 1367, a Bill for an Act to amend the Illinois Food, Drug and Cosmetic Act and Pharmacy Practice Act together with Senate Amendment #1." ¡peaker Daniels: "Representative Bower." lower: "Thank you, Mr. Speaker. This Senate... I would move to concur in Senate Amendment #1 which restores a one year apprenticeship requirement for the licensure of pharmacists. For those of you that are looking in your synopsis, although the synopsis indicates this relates to the substitution of generic drugs, it has nothing whatsoever to do with that ecause the House Amendment completely re-wrote the Bill. I would ask for an 'aye' vote." ¡peaker Daniels: "Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. All those in favor vote 'aye', opposed vote 'no'. The voting's open. 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 158 'aye', 2 'no', none voting 'present'. The House concurring in Senate Amendment #1. House Bill 1367 is hereby declared passed. House Bill 1399, Representative Bluthardt. Read the Bill."
"House Bill 1399, a Bill for an Act to amend the Illinois Vehicle Code together with Senate Amendment #1." 145 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 15th Legislative Day ¡peaker Daniels: "Representative Bluthardt." iluthardt: "Thank you, Mr. Speaker. I move to concur in Senate Amendment #1 to House Bill 1399. Recall 1399 provides for the removal of any vehicle not displaying handicapped registration plates from a public or private offstreet parking facility after notification has been made to the law enforcement personnel. Senate Amendment #1 adds the words 'or decals'. The decals that are issued by the Secretary of State's Office to local municipalities. The Amendment was offered by the Department of Rehabilitation Services and I'd appreciate a concurrence vote."
"Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Gentleman, Ralph Dunn, to explain his vote."
"I guess I'll just use this opportunity to explain my vote. I was a little worried about this in the parking lot. My wife is handicapped and occasionally on private parking lots and I'm sure that other people have the same thing. I drive up to a place to let her out. I think I got rapped across the street here in our parking one day because the guard had told me I could park there to let my wife out walk up to the office building and in the meantime one of the editors noticed my car was in a marked parking spot. I'm sure the Bill is passed. It's probably alright, but I think that there's some provisions ought to be made for people who have handicapped people and who don't have handicapped license plates." peaker Daniels: "Have all voted who wish? Take the record. On this question there are 155 'aye' 5 no, none voting 'present'. The House concurring in Senate Amendment #1, House Bill 1399 is hereby declared passed. House Bill 146 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 1409, Representative Leverenz. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 1409, a Bill for an Act to amend the Illinois Vehicle Code together with Senate Amendment #1." peaker Daniels: "Representative Leverenz." .everenz: "Thank you, Nr. Speaker, Ladies and Gentlemen of the House. House Bill 1409 passed out by 140 to 2. The Senate did apply an Amendment to the Bill. The Amendment specifically wo would put in the state statute that which is being used as guidelines currently for the Commerce Commission to grant a new common carrier authority. The Amendment was also put on House Bill 666. It clarifies a number of things that come up in terms of granting a new authority. It also allows for a beefed up enforcement of the Act. The legislation would authorize the Secretary of State and the investigators for the Commerce Commission to enforce Chapter 18 of the Code as well as the State Police. Currently, now only the Secretary of State can enforce the law against those who operate without authority and that is the important part of it. I'd ask for your concurrence Senate Amendment #231 on House Bill 1409." in
"Representative Pierce." 'ierce: "Mr. Speaker, will the Gentleman yield to a question?" :peaker Daniels: "Indicates he will."
"Was this Amendment to the Motor Carrier Property Act which goes onto your Bill which only affected the Vehicle Code... Was this your brainstorm or was this the brainstorm of some particular interest group? This Senate Amendment #1." everenz: 'ierce: "I don't think it came by brainstorm, Representative Pierce. When the General Assembly passed Senate Bill 1219, which is now Public Act 81-501, two Sections were removed at the request..." "Senate Bill 1219 in what year? Not this year." 147 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981
"Public Act 81-501. Two Sections were removed thinking that the Commerce Commission could implement that without legislation. The fact is that did not turn to be fact. What we are doing is going back and picking up those two Sections and those are the guidelines that are currently being used."
"It seems to me, Mr. Speaker. I know what they're about here. They're about to regulate common carriers go against deregulation and prevent... In my district, many young men buy a tractor and a trailer that they use to haul sand and gravel, a dump tractor and a dump trailer, and they start to haul and then someone tells them they need a Commerce Commission certificate and they go in and apply for the Commission certificate... Commerce Commission certificate. Under this Amendment, they couldn't show they had any experience because any experience without the certificate would not be admissable, but even beyond that it would be disqualifying. It would prevent them from even obtaining the certificate. So as long as you realize the purpose of this is by the existing truckers to keep out young people from entering their business, they've got it made. Prevent young people from becoming truckers and tie things up with those that are already in the business, help the big guys that sell these, the Ed Meyers and so on and Terricotta and the big haulers and keep out a young man that wants to start with their own tractor and trailer as the grandfathers of some of these spoiled brats did who are now operating selling Ed Meyer and some of these companies. They started that way with one truck and the object of this Amendment, I think, is to prevent young people from starting with that one truck and that dump trailer. They got to go to the big guys and beg to be taken on as a broker or some way to start out with them. So I think 148 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE that's where this Amendment comes from." June 29, 1981
"Further discussion? Gentleman, Representative
Schuneman. chuneman: "Question of the Sponsor." peaker Daniels: "Indicates he'll yield."
"Our synopsis indicates that this Senate Amendment inserted something to do with the right of labor organizations to intervene in any proceeding before the Illinois Commerce Commission concerning the authority of motor carriers to operate in Illinois. What does this Amendment do in that respect?" .everenz: "That's correct. When you are... the part of the Amendment deals with a carrier operating without permit and what the ICC addressed itself to is what is the history of that group or individual operating without permit. It allows in this part a union representing employees that worked for that organization to come in and provide testimony. This brings it within the paralleling federal law which allows unions to appear in proceedings that may affect their members." chuneman: "Well..." everenz: "They actually testify in favor, as I understand it, to the person looking for the permit." chuneman: "I have no objection to labor unions coming in to testify as respects the effect that any Commerce Commission ruling might have on their membership, but I guess my question would go then to the point as to whether or not this gives labor unions the legal right to intervene, to bring suit in that sort of thing." .everenz: "No, your fears are not well laid inasmuch as they don't come in to start a suit or anything of that nature. They may be able to come in and provide testimony in terms of granting a new authority. Just to testify in favor 149 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day of..." June 29, 1981 chuneman: "Okay. Is their testimony before the ICC precluded now? Are they prevented under our law from appearing now?"
"No, they are not. What we did, in short explanation again, is when we passed Public Act 81-501 two parts were dropped out thinking they could be put in without legislation and it has provided some difficulty. So what we are doing is going back and putting these into the state statute. These are the guidelines currently used by the ICC right now and the Federal Government and it further provides for enforcement from the ICC and the State Police also over and above the Secretary of State's Office. Further, and perhaps more important, fines levied are in difficulty of being collected now. This clarifies how they can go into court and collect that money which they have levied." ichuneman: "Frankly, Mr. Speaker, I share some of the concern, I think, that was expressed by Representative Pierce on this. I'm just not certain about this matter and perhaps we should move to nonconcur." ¡peaker Daniels: "Further discussion? Gentleman, Representative O'Connell."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. A question of the Sponsor." .everenz: "Sure."
"Representative Leverenz." 'Connell: "Representative, the synopsis that I have refers to common carriers of property. Does the Amendment address contract carriers?"
"Yes." "Connell: "Thank you."
"Further discussion? Representative Leinenweber." 150 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day .einenweber: June 29, 1981 "Yes, thank you, Mr. Speaker. The last four or five years and I have to give credit to the Democratic President of the United States, President Carter, who put in motion efforts to deregulate the trucking inter-state trucking industry and the trucking industry in general along with many of the other industries. Of course, efforts along these lines have met with decided disfavor by those people who have been historically regulated in the trucking industry, in this particular instance, and the airline industry and so forth. In any event, many of us happen to agree with President Carter that deregulation of the trucking industry is a good thing and should be carried out. Now, the Senate Amendment #1 to House Bill 1409 runs directly contrary to this national movement towards free enterprise, which many of us spouse. It provides specific standards that the ICC must follow in granting certificates of public convenience and necessity to the common contract carriers of property. Now, in short, what this means, it's going to be a lot more difficult and it restricts the ICC a lot more in attempting to give these certificates to the truckers who apply for them. The intent of this Senate Amendment #1, in short, is to go totally contrary to the national intention and the intention of those who believe in free enterprise and that is to increase regulation, to decrease competition, to make it more difficult for people, for truckers, small truckers or large truckers to get certificates so they can carry merchandise and compete with their fellow truckers. The obvious result of this lessening of competition is higher rates. That's why the truckers want it and that's why you who represent consumers ought to disavow it. I think... I didn't agree very often with President Carter in many issues. On this issue he was right directly in line and that is that if we want to 151 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 reduce the costs to consumers of goods that have been transported from one point to another, then we have to decrease... we have to increase competition or allow competition to work. So I urge that we not join the Gentleman in his Motion for concurrence and, in fact, I urge him to withdraw this Motion and move to nonconcur."
"Further discussion? Representative Mautino." lautino: "Thank you, very much. Ladies and Gentlemen, if you would please look back in to your analysis on House Bill 1498 you will see the exact breakdown of this Amendment. It passed this House of Representatives and it addresses the question in ... I will address the question in response to Representative Pierce. Number one, it does not nullify any grain farmer from taking his product to market or to the grain elevator in his vicinity or wherever he wants to send it. What it does address is basically what is called the gypsy truckers who are operating illegally and have to operate illegally in order to get a certificate now by virtue of saying, 'I'm doing the service even though I'm illegal. I'm doing it because there is a need for the service.' This puts him in the posture of basically being illegal. That is rather crazy. What... All he has to do under this provision is show that the service is needed, that his employees can come in and testify that it's needed and he gets a certificate. That solves the problem. I would think that anyone who is in the trucking business in any way, shape or form would be interested in this and would be supportive. This is probably the only Bill that came before the Motor Vehicles Committee that had the total support in its final form after the objectionable parts were taken out of the original legislation. It had the support of the Commerce Commission, the trucking industry itself, large and small truckers, independents, the 152 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 Secretary of State's Office and all of the organized labor groups involved in the trucking industry. I recommend an 'aye' vote on the concurrence." :peaker Daniels: "Further discussion? Representative Huskey." luskey: "Ladies and Gentlemen of the House, Representative Mautino is right in everything he says. Representative Mautino chaired a Subcommittee to study this Bill. This Bill was to be presented as a Committee Bill but by the time it got studied and got put in its proper form and got everyone in agreement; that includes the Commerce Commission, the union, the truckers. Everyone was in agreement. The Secretary of State and everyone was in agreement with this Bill. And actually this Bill only brings.... It doesn't exceed or try to overrule any federal laws. It only brings our laws more or less in conformity with the federal laws. It's If you need a permit, it doesn't bar anyone from getting a permit. If there's a certificate of need needed, this helps the person get the proper permit that need the certificate of need. It's a good Bill. It's a Bill that deserves passing and it's had a lot of hard work. Representative Mautino and his Subcommittee worked long hours on this Bill with all people involved, and it certainly needs your 'aye' vote. Thank you." ¡peaker Daniels: "Further discussion? Representative Ackerman."
"Will the Sponsor yield for a question?" ¡peaker Daniels: "Indicates he will."
"Can a farmer help his neighbor haul in grain to an elevator under this without a permit? Thank you." .everenz: "Specifically helps that situation." ¡peaker Daniels: "Representative Jim Kelley."
"Mr. Speaker, I move the previous question." ¡peaker Daniels: "Question is, 'Shall the main question be put?'. 153 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. Representative Leverenz, to close."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The questions that were brought up about an individual wanting to haul his own, that is completely put aside by this. As a matter of fact, the Amendment saves people with problems in that area. Further, currently, contract carriers end up being stopped by the Secretary of State's Police. They have no bills of lating. This would provide that those contract carriers do not have to have those bills of lating for contract hauling. The Amendment flew out of here on House Bill 666 which is on concurrence in the Senate currently. The problems in enforcement are tripled with the ability for the State Police and the Commerce Commission investigators to come in. It provides also that the collections will be increased. You will note in House Bill 1898 the fiscal note prepared by the ICC said it would increase fines by 25,000 dollars annually, solves a number of problems. The Commerce Commission, Secretary of State, the trucking industry, all of those people involved or impacted are well behind the Bill as industry groups. I would ask for your concurrence in Senate Amendment 1 to House Bill 1409."
"Gentleman moves for the concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting's open. Representative Ewell, to explain his vote." :well: "Mr. Speaker, there are three kinds of Bills. There are political Bills by which people are bound politically. There are Bills that are general in nature and then there's special interest Bills. This is the classic special interest Bill. It is a Bill whereby two groups have gotten together to exclude other people. I think it's wrong. It's 154 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Da y inherently wrong and you can't make it right. nonconcurred." Speaker June 29, 1981 It should be
Representative Daniels: "Have all voted who wish? Bowman, to explain his vote. Timer's on, Sir."
"I think Representative Leverenz indicated the trucking industry was in favor of this Bill. I think, however, that it is primarily the big truckers and not the small truckers. So, for those who are interested in the small business, I think a 'no' vote is the proper vote on this." :peaker Daniels: "Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. Pechous. Record Pechous as 'aye'. On this question there are 69 'ayes', 78 'no', 15 voting 'present'. The Gentleman's Motion to concur fails. Representative Leverenz." .everenz: "Would move to nonconcur." peaker
"Gentleman moves to nonconcur. All those in favor signify by saying 'aye", opposed 'no'. The 'ayes' have it and the House nonconcurs in Senate Amendment #1 to House Bill 1409. Representative Bowman."
"Hr. Speaker, Representative Giorgi, Sponsor of 1354 is back on the floor. I wonder if we could take that now."
"We'll get to that, Sir. Just a second now. Representative Bluthardt, House Bill 1415. Read the Bill, Mr. Clerk." lerk Leone: "House Bill 1415, a Bill for an Act to amend the Illinois Municipal Code together with Senate Amendment #1." peaker Daniels: "Representative Bluthardt."
"Thank you, Hr. Speaker. I move to concur in Senate Amendment #1 which removes limits on vehicle license fees in non-home rule cities. This has the same effect as House Bill 669 which passed out of here 140 to 4, but for some reason it never got posted in the Senate Local Government Committee. I'd appreciate a concurrence vote." 155 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 5th Legislative Day
"Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 148 'ayes', 3 'nos', 2 voting 'present'. The House concurs in Senate Amendment #1 to House Bill 1415 which is hereby declared passed. House Bill 1421, Representative Henry. Read the Bill, Mr. Clerk."
"House Bill 1421, a Bill for an Act to amend the Criminal Code together with Senate Amendment #1."
"Representative Henry."
"Thank you, Mr. Speaker, Ladies and Gentlemen. I move to nonconcur on Senate Amendment #1 to House Bill 1421."
"Gentleman moves to nonconcur. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it and the House nonconcurs in Senate Amendment #1 to House Bill 1421. Alright. Representative Birkinbine. Would you read the Motion, Sir?"
"Motion pursuant to Rule 62 A and having voted on the prevailing side, 'I move to reconsider the vote by which House Bill 1019 was nonconcurred upon Senate Amendments #1, 2, 4, and 5.'"
"Representative Birkinbine."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Yesterday afternoon, in an effort to do a favor for Representative McClain, I moved to nonconcur on House Bill 1019. It turns out that what he wished to do could not be done. So with his understanding, I now move... or ask leave of the House to reconsider the vote by which the House nonconcurred on House Bill 1019."
"Gentleman moves to reconsider the vote by which the House nonconcurred in House Bill 1019. All those in 156 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day favor signify by saying 'aye', opposed 'no'. The 'ayes' have it and the vote by which the House nonconcurred in House Bill 1019 is reconsidered. Read the Bill, Mr. Clerk."
"House Bill 1019, a Bill for an Act to amend an Act relating to certain investments of public funds by public agencies together with Senate Amendments #1, 2, 4, and 5."
"Representative Birkinbine, Senate Amendments #1, 2, 4, and 5." irkinbine: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1019 was a Bill that provided that no bank or savings and loan association could receive any public funds from any public agency unless it filed various copies or statements of resources. There was concern expressed in the House that this might adversely affect some of the banks and some of the downstate towns where universities were located. The Senate Amendments that were put on were designed to take care of those concerns and I think they did just that. Senate Amendment 1 makes a provision that each bank and each savings and loan association designated as a depository of public funds issue a copy of all statements and liabilities and resources. Amendment 2 added language that it does not apply to the University of Illinois, SIU, universities under the jurisdiction of Board of Regions. In other words, the language that we promised would be put on in the Senate. Senate Amendment #4 added any funds not insured by the FDIC or the FSLIC to be collateralized. And, Senate Amendment #5 adds public community colleges to the list of universities, and I would ask that we now concur on House Bill 1019." peaker Daniels: "Any discussion? Being none, the Gentleman 157 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 moves for concurrence in Senate Amendments #1, 2, 4, and 5. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 159 'aye', none voting 'no', 2 voting 'present'. The House concurs in Senate Amendments #1, 2, 4, and 5 to House Bill 1019 which is hereby declared passed. Representative Bowman, for what purpose do you rise, Sir?"
"Mr. Speaker, I filed a Motion to reconsider the vote by which House Bill 1354 which we took up just a few minutes ago..."
"Read the Motion, Mr. Clerk."
"Motion: 'Pursuant to Rule 62 A and having voted on the prevailing side I move to reconsider the vote by which House Bill 1354 passed on concurrence with Senate Amendment #1'."
"Okay. Representative Vinson, on the Motion."
"Yes, will the Gentleman yield for a question?"
"He indicates he will."
"What is the purpose for the Motion, Representative?"
"Okay. Representative Vinson, first of all, let me point out that I did discuss this with the Bill Sponsor and he agrees to having another Roll Call on it. The Amendment contained some language which we have battled over on this floor for several years, and, frankly, things were moving along so smoothly today that and everyone seemed to be in such an agreeable mood and everything was... Thank you. And everything was flying out of here so fast it just slipped by and I'd like a clean Roll Call on that Bill. It will probably fly out anyway, but I'd like everyone who was... There were a number of people who were recorded as 'yes' I think who would like to be recorded as 'no' on it."
"My concern is that how do I know that the Sponsor is not 158 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 going to then move to nonconcur?"
"Representative Giorgi."
"Mr. Speaker, I'm going to move to concur as soon as he has an opportunity to redebate the Bill. I'm going to move to concur as the Bill is now. There's no change in the Bill that I want. I'm satisfied with the Bill as it is, but some people aren't. I think they want to register their protest." inson: "If that's the situation and given the Sponsor's assurance, then I have no objection."
"Guaranteed."
"Gentleman, Representative Bowman, moves to reconsider the vote by which the House concurred in Senate Amendment #1 to House Bill 1354. All those in favor will signify by voting 'aye', opposed by voting 'no'. Takes 89 votes. Have all voted who wish? Have all voted who wish? Take the record. This question... This Motion has 121 'ayes', 16 'no' and none voting 'present'. The House reconsiders the vote by which Senate Amendment #1 was concurred in to House Bill 1354. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 1354, a Bill for an Act to amend the Environmental Protection Act together with Senate Amendment #1." peaker Daniels: "Representative Giorgi." iorgi: "Mr. Speaker, this is the Bill that had to do with the 'Mish' smokestack emissions in the bubble concept where they'd average out the smokestack emissions instead of measuring each one. Now, what the Senate Amendment did it changed from September 1 to December 31 in 1982 when the Pollution Control Board would be required to adopt regulations for a permit program as established in this Bill. The second thing it does, it deletes language 159 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Da y June 29, 1981 allowing the Pollution Control Board to adopt interim rules for those alternate control strategy permits. And the third thing is that it adds new language allowing the Pollution Control Board to adopt requirements, rules that are no more stringent than required by the Federal Clean Air Act or other Board regulations and I urge the support of this Amendment #1." peaker Daniels: "Any discussion? Being none, the Gentleman moves, for concurrence in Senate Amendment #1. Representative Currie." arrie: "Thank you, Mr. Speaker and Members of the House. My unhappiness with Senate Amendment #1 to House Bill 1354 is merely that it gives the Federal Government actions, precedence over our own. What that Amendment says is that the Pollution Control Board may only adopt things that are no more stringent than those that are found in the Federal Clean Air Act. I think it has been the will of this General Assembly, to whatever extent possible, we control our own destiny and the fate of our own people. It seems to me that the language in Senate Amendment 1 is only to take that power away from us, and why the Members of this General Assembly would want to put ourselves and our people in the position of doing just what the feds want us to do and no more seems to me to be not at all the way we regard most issues. So I would urge people to vote 'no' on the concurrence Motion." peaker Daniels: "Representative Ebbesen." obesen: "Yes, Mr. Speaker and Ladies and Gentlemen of the House, I thought the intent was to bring this back. They wanted a clean Roll Call and they'd already agreed we were going to vote 'no' and it was a ... Now, knock the Bill down. Why, that's a different story. I thought you just wanted a clean Roll Call for those that wanted to vote 'no'. Here 160 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 we are debating the Bill again."
"Representative Flinn."
"Mr. Speaker, I move the previous question."
"Question is, 'Shall the main question be put?'. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. Representative Giorgi, to close."
"This Bill is no different than when I explained it and it's no different than the explanation of five minutes ago. Some of these people want to be registered in protest. We're going to allow them to register their protest, but I still urge this Assembly to pass this Bill."
"Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 132 'aye', 27 'no', 1 voting 'present'. The House concurs in Senate Amendment #1 to House Bill 1354 which is hereby declared passed. Representative Bower." ower: "Thank you, Mr. Speaker. I'd just like to point out to the Membership that we found a clever little way to let some people change their votes, most of whom who have been the ones who have been objecting to other legitimate requests for people to change votes. So, just recognize that you haven't fooled anyone."
"Representative Bower, I think you're absolutely correct and I do not think we're going to allow that to happen again. Representative Bowman, those remarks were addressed to you, Sir. Now, you also might like to have a bulletin that came over from the Associated Press Broadcast and this is an item on leap second. If you're one of those people who never has enough time in a single day to do all that needs to be done, perhaps tomorrow your day... that is 161 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 your day to catch up. An extra leap second will be added to the nations official clock tomorrow as scientists adjust it to correspond with the Earth's irregular spin. According to the operators of the master clock of the U. S. Naval Observatory, the second will be inserted into the minute beginning 7:59 p.m. tomorrow. So be alert. House Bill 1435, Representative Pierce. Read the Bill." lerk O'Brien: "House Bill 1435, a Bill for an Act to amend the Illinois Income Tax Act together with Senate Amendment #1." peaker Daniels: "Representative Pierce."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 1435 is the Bill that provides for international banking facilities in Chicago to put Chicago on a parity with New York as the international banking center and which will allow us to remove back some of the offshore banks in Nassau and Grand Cayman Islands to Chicago to make it an important international banking center. Senate Amendment #1 merely changes the effective date to comply with the effective date provided by the Federal Reserve System for the setting up of the international banking facilities. And therefore, I now move that the House concur in Senate Amendment #1 to House Bill 1435. All the Amendment does is clarifies the effective date of the Bill."
"Representative Friedrich." riedrich: "Mr. Speaker, Members of the House, a couple of weeks ago we passed some legislation which let the big banks gobble up the little ones. Yesterday we passed a Bill which let the banks gobble up the insurance agents and this is one to keep them from paying income tax. So if you think these big wheeler dealers that are now moving into all sizes of business in the State of Illinois ought to be free from income tax, vote for this one."
"Further discussion? Representative Vinson." 162 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
"Sponsor yield for a question please?"
"He indicates he will." inson: "Does.. Does the Bill still contain the provision on exemption of pass book interest?" ierce: "No, Mr. Vinson. The Bill was amended in the House on Second Reading to remove that original provision as introduced." inson: "So the only thing the Bills deals with is..." ierce: "That was not in the Bill when it passed the House nor now." inson: "All the Bill deals with is then the international banking provision." ierce: "Right. The Bill strictly sets up the procedure for international banking facilities and does not contain the provision for exemption of interest income that it did when introduced, although I don't think that's a bad idea. Unfortunately, it's not in the Bill anymore." inson: "Thank you."
"Representative Bower." lower: "Thank you, Mr. Speaker. Will the Gentleman yield?" ¡peaker Daniels: "Indicates he will." lower: "Representative Pierce, over the last two and a half years you have repeatedly assailed various attempts to exempt various kinds of business from various kinds of taxation. Now, you're here as a proponent or something to take international banking out of the State Income Tax. What's the justification for this?"
"Number one, I don't necessarily agree with your presumption. I was Chairman of the Revenue Committee. Maybe you weren't here two years ago when we exempted agricultural machinery form the Illinois Sales Tax. That was done and Representative Rea and others here can say that was done when Dan Pierce was Chairman of the House 163 '5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 Revenue Committee with my support. Four years ago we exempted manufacturing equipment from the Illinois Sales Tax when I was Chairman of the Revenue Committee. That was done with my support. It seems to me it's Governor Thompson that is rolling back those exemptions given to business and not Dan Pierce. Now we come to this Bill. The international banking facilities are now not subject to Illinois Income Tax because they're located offshore in Nassau and the Bahamas and Grand Cayman Island. All we're saying is that by bringing those back here with the same tax consequences, we're not depriving the state of revenue but ve are creating employment where people in Illinois will be employed. The supplies and the computer services, stationery, paper supplies and so on will be purchased here and more important the employees will be here rather than in some obscure island in the West Indies. We're not depriving the state of any existing income and if you have some good exemptions, I'll be glad to support them, food and medicine on the sales tax or anything you want. Thank you." :peaker Daniels: "Further discussion? Representative Barr." arr: "Thank you, Hr. Speaker. Will the Sponsor yield?"
"Indicates he will." arr: "Thank you. Representative Pierce, this applies to income earned by just banks does it ΟΓ by any financial institution?" 'ierce: "Just the international banking facilities that are defined under the Illinois Banking Act. Those are facilities that take deposits from abroad and make loans abroad. They don't have any either borrowing or lending within the United States, but will put the facility itself in Chicago. New York has passed a similar Bill as has Maryland, Connecticut and other states so that the facility 164 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 rather than being in Nassau off shore in London or in the Grand Cayman Island can be right in Chicago employing Illinoisans."
"Isn't this a special... If this Bill were to become law, wouldn't we be giving special treatment to banks as opposed to foreign source income of other businesses which operate in Illinois?" 'ierce: "I have to analyze that question. It will treat banks differently, yes. The international banking facilities are the only ones but businesses that are located outside the United States have some of these advantages. You may come forward with other ideas. You're right, this only affects international banking facilities as defined under the Illinois Banking Act." larr: "Isn't it true that if we were to nonconcur in Senate Amendment 1 we might have a chance for a Conference Committee that could work out perhaps a more equitable exemption?"
"Probably not because we might recede from the Senate Amendment. That would be final passage and you'd be left twiddling your thumbs, but you can introduce a Bill in the next Session if you want."
"Yes, Representative Pierce, have you done any analysis to determine what the revenue loss to the state would be if this Bill were to be passed?" 'ierce: "Revenue loss is zero because there is no revenue coming into the state. However, it's anticipated, if these offshore facilities of the two largest banks were located in Illinois and were fully taxed, it would only amount to around a million dollars. Right now, they are not taxed so there is no loss. There is absolutely no loss to the state of present revenues." larr: "Thank you, Mr. Speaker." 165 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 75th Legislative Day
"Representative Miller."
"Thank you, Mr. Speaker. I'd like to support this Bill if the Sponsor can assure me that there is no double dipping involved here by anyone."
"I understand there is no double dipping here except right now you can dip out in the Carribean Sea if you work for one of these offshore international banks. Now, you'll only have Lake Michigan to dip in if this Bill passes."
"That's what I was afraid of."
"Representative Ewing. Ewing? Representative Vitek. Representative Koehler."
"Will the Sponsor yield for a question please?"
"Yes."
"Representative, can you tell me...."
"Will you please give the Lady your attention? Please give the Lady your attention."
"Representative Pierce, could you explain to me what might be the position of the banking...major banking organizations on this piece of legislation?"
"Yes. The only one whose position I know is AMBI. They're in support of it. I don't believe the other banking groups have taken a stand for or against it because they're not particularly affected by it. But, as far as I know, there is no opposition from any banking group, but one of the banking groups is in favor of it, AMBI."
"Well, what would be the effect of this piece of legislation on the smaller banks that would be in the rural downstate areas such as..."
"Excuse me. Excuse me.."
"It would have no effect on those..."
"..Members of the House, will you please give them your attention? Those not entitled to the floor, please retire to the rear. We have one hundred and 166 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Da y June 29, 1981 forty-four Bills to cover on the Order of Concurrence. We have covered seventy-three. That'll give you an indication of how much work we have left to do. So, may we please have your attention? Representative Pierce." 'ierce: "I understand the Lady's concern for the community banks in Illinois. This would not affect them. If they happen to have an international banking facility, in Grand Cayman or somewhere like that, they might bring it back to Shawneetown or wherever they're located. Shawneetown Bank used to be the biggest bank in the state at one time. Otherwise it won't affect them one way or another and they're not in opposition to it." oehler: "Thank you very much." 'ierce: "I understand the Illinois Bankers Association actually supports the Bill in Committee."
"Thank you."
"Representative Bullock." ullock: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Representative Pierce is absolutely correct. For that reason, I stand in support of the Bill. I'm sure we all were privileged to read the recent Chicago Sun-Times account of the rejuvenation of the First National Bank, the First National Corporation. This Bill will enhance the growth of Illinois banking institutions to make us more competitive with some of the neighboring states, in particular the larger states of New York and California. He's explained the Bill. It in no way affects the smaller banks. If you're not in the international banking market you would have no use for this legislation. For that reason, I would urge an 'aye' vote on a Motion to Concur with Senate Amendment #1 to House Bill 1435." peaker Daniels: "Representative Ebbesen." :bbesen: "Well, yes, Mr. Speaker. I just would like the record 167 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 to show that due to a potential conflict of interest that I will be 'present' and not voting on this issue."
"Representative Pierce to close." 'ierce: "Mr. Speaker, Ladies and Gentlemen of the House, this Bill is an attempt to keep Chicago as an international banking center second to New York unfortunately, but at least in the same league because New York has passed a Bill similar to this as has Connecticut, Florida and other states. It will not cost the State of Illinois any of its existing revenue cause these off-shore banks are not paying Illinois income tax at present. This concept has passed the House of Representatives and the State Senate. All Amendment #1 does is clarify the effective date in accordance with the Federal Reserve laws and therefore, I move that we concur in Senate Amendment #1 to House Bill 1435."
"The Gentleman moves for concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Representative Preston to explain his vote. The timer's on, Sir." 'reston: "Thank you, Mr. Speaker. Just for the record I'd like to say that I have a conflict of interest but will vote my conscience." :peaker Daniels: "Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 133 'aye', 23 'no', 7 voting 'present'. The House, concurring...What are you waving about? I...Go ahead, okay. On this question there are 133 'aye', 23 'no', 7 'present'. The House, concurring in Senate Amendment #1, House Bill 1435 is hereby declared passed. Now, are you done waving, Representative Ewing...Ewell? Oh, Representative Ewell, on a wave." :well: "Mr. Speaker, some of the more experienced people in the 168 '5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 Body say that the proper phrasing of that term ... " peaker Daniels: "Ewell." well: "Say that the proper phrasing of that term, 'Have all voted who wish', should be, 'Have all made their wish?'."
"Okay. Have you voted all you wish? Next Bill, House Bill 1438. Representative Peters in the Chair. Read the Bill."
"House Bill 1438, a Bill for an Act to create the Illinois Higher Education Student Loan Authority together with Senate Amendments #1 and 2." ¡peaker Peters: "Representative Hallstrom."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1 and #2. The Bill creates the Higher Education Loan Authority and as I explained when we passed the Bill, it does not use any federal money or state monies. This is all done through the private sector. The affect of the Amendments that Senator Rock and Senator Shapiro, as the Senate Sponsors wanted, was at this time to take out the public universities. They also put on a cap of two hundred million dollars on the sale of the bonds and they added a limit as far as the amount of money that a student can borrow. And Representative Preston and I are in agreement with these Amendments and I would ask that the House would join me in concurring with Senate Amendment #1 and 2."
"Is there any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 and 2 to House Bill 1438?'. All those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Representative Abramson? Representative Watson, would you vote Representative Wolf and Representative Peters, per their request? Thank you. Have all voted who wish? 169 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day Representative Wolf? June 29, 1981 Representative Wolf. So, he doesn't leave the chamber, Representative Wolf. Have all voted who wish? Take the record, Mr. Clerk. On this question there are 167 voting 'aye', none voting 'nay' and 3 voting 'present'. The House does concur in Senate Amendments #1 and 2 to House Bill 1438. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1447, Representative Schneider. Read the Bill, Mr. Clerk."
"House Bill 1447, a Bill for an Act to amend the School Code together with Senate Amendments #1, 2, 3 and 4."
"Representative Schneider." "Mr. Speaker, Members, it's my intention on 1447 to move to concur with Amendments 1 and 2 and to nonconcur on Amendments 3 and 4. So, I will discuss 1 and 2 for a concurrence Motion. Mr. Speaker, Members of the House, 1447 embodies the idea..." peaker Peters: "...Excuse me. Excuse me. The Chair is going to respectfully request the staff people who are conducting conferences to do that in the rear or in the side corridors. And the Gentlemen in the rear who are carrying on the conversations...Representative DiPrima? If you would conduct the conversations just a little...Thank you. Representative Schneider, proceed."
"Thank you, Hr. Speaker. 1447 embodies the contents of 1446 which lost in the House as a consequence of an issue related to the auditors rotating their assignments for the school districts every five years. I accepted that aspect of 1446 as an item that can be deferred to another time and it is therefore not in 1447. We need 1447 because it phases into House Bill 1445 which passed out of here and is now on the Governor's desk which is a Bill that defines 170 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 financial problems for a district. And what 1447 then will allow us to do...relate to various provisions of reporting for public notice, provides for pie-charts so that the constituents in your district can identify districts' difficulty. It allows for the State Board to receive audits directly from the school districts after they have been made in the event that they need to be assessed. It will...It also requires a financial compliance questionnaire and other items that you may want to explore with me. But I think basically those are the major provisions. The second Amendment which I'm asking the Members to concur in would be Amendment #2 which will provide for the Chicago School Finance Authority to report to the State Board. That provision was inserted in the Senate by the Chairman of that Committee. I concur with his ideas and would ask that the Members likewise concur."
"Any discussion? Representative Capparelli."
"Representative Schneider, did you say you were going to concur with Amendment #1 and 2?"
"Yes." apparelli: "All right."
"Any discussion? The question is, 'Shall the House concur in Senate Amendments #1 and 2 to House Bill 1447?'. This is on the Amendments only, Amendments #1 and 2. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On that question there are 160 voting 'aye', 6 voting 'nay'. And the House does concur in Senate Amendments #1 and 2 to House Bill 1447. Representative Schneider on House Bills 3..on Amendments 3 and 4 to House Bill 1447. Representative Schneider." chneider: "Now, Mr. Speaker, I would ask the Members to 171 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 nonconcur in Amendments 3 and 4. (Number) 3 delineates the provision which would deal with the statements of contracts and personnel being listed in the newspaper. The 4th Amendment is really a re-insertion of the current law as it related to the ESR. We found in the Commission studies that that particular language did very little, if anything, other than to allow an audit to be made. By adopting Amendment #4... rather, Amendment #1 just a moment ago, we allow the ESR'S to hold the audit for public inspection, but they have no authority even under current law to impact on a district that is having financial problems. So what I would ask you to do is to nonconcur on 3 and 4 because I think the Bill is in fine form with 1 and 2."
"The Gentleman moves to nonconcur in Senate Amendments 3 and 4 to House Bill 1447. Those in favor will signify by saying 'aye', opposed? In the opinion of the Chair, the 'ayes' have it and the House refuses to concur in Senate Amendments 3 and 4 to House Bill 1447. If the Chair might have the attention of the Members? There are appropriation Bills on the Order of Concurrence. And we will attempt to proceed to those as the problems have been basically worked out and generally agreed to by both staffs and both sides of the aisle. So that, for as long as we can, at any rate, we proceed with general agreement. We will dispute when it comes time to dispute. But the better part seems to be to take those appropriations where we have basic agreement on. To that end, the Chair would now move to take appropriations on the Concurrence Calendar. House Bill 437, Representative Leverenz. Representative Leverenz? Read the Bill, Mr. Clerk."
"House Bill 437, a Bill for an Act making appropriations in the Office of Auditor General together with Senate Amendment #1." 172 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 15th Legislative Da y
"Representative Leverenz." June 29, 1981
"Thank you, Иг. Speaker, Ladies and Gentlemen of the House. The Senate Amendment I ask your concurrence in would reduce further the appropriation to the Auditor General by $182,000. It's in personal services, the corresponding amounts for retirement, Social Security, $15,000 in contractual services, $8,500 in travel and an additional $50,000 from contractual audits. The total appropriation now, eight million, seven hundred and seventy-five thousand dollars. Ask for your concurrence in Senate Amendment #1 to House Bill 437." :peaker Peters: "The procedure the Chair would like to follow in these Bills is to call on the Sponsor, to call on the Chairman of the Appropriations Committee and the Minority Spokesman so we know where we're at. On House Bill 437, Representative Wolf."
"Μг. Speaker, we have no problem with this and would urge concurrence." peaker Peters: "Representative Matijevich." latijevich: "Yes, we worked this one out and we have no problem with this and support Representative Leverenz." ¡peaker Peters: "Any further discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 437?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 165 voting 'aye', none voting 'nay'. none voting present'. And the House concurs in Senate Amendment #1 to House Bil1 437. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 108, Representative Ronan. Read the Bill, Иг. Clerk," 173 '5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 lerk O'Brien: "House Bill 108, a Bill for an Act making appropriations to the State Scholarship Commission together with Senate Amendments #1 and 2."
"Representative Ronan. Representative Ronan, would you go to Representative Giglio's mike? Thank you." tonan: "Thank you, Mr. Speaker, Members of the House. I move to concur with Senate Amendment #1 and #2 to House Bill 108. Basically what it does is it cuts the appropriation. We originally put the Bill in at eight hundred thousand. The House Appropriations Committee cut it to four forty-three. This Amendment cuts it to three hundred thousand. I move to concur." peaker Peters: "Any discussion? Representative Wolf."
"Yes, Mr. Speaker. I know our Republican analyses advises a nonconcurrence. We have tried to work this out in good faith. We have indication that the Governor is really not overly supportive and I have no objections to the passage of this Bill in this particular shape at this time." ¡peaker Peters: "Representative Matijevich." latijevich: "This one's all right too and all you turkeys ought to vote for it for Al Ronan."
"Any further discussion? Have all voted who wish? I'm sorry. The question is, 'Shall the House concur in Senate Amendments #1 and 2 to House Bill 108?. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. Representative Braun? Representative Braun wishes to be recorded as voting 'aye'. On this question there are 155 voting 'aye', 6 voting 'nay', 1 voting 'present'. The House does concur in Senate Amendment ...does concur in Senate Amendments #1 and 2 to House Bill 108 and this Bill, 174 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 having received the Constitutional Majority, is hereby declared passed. House Bill 537? Representative Steele (Stiehl)? Representative Wolf on 537 for Representative Steele (Stiehl). Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 537, a Bill for an Act to provide for the ordinary and contingent expenses of the Office of Lieutenant Governor together with Senate Amendment #1."
"Representative Wolf."
"Yes, Br. Speaker and Members of the House, the Senate by Amendment #1 reduced the Lieutenant Governor's appropriation by $6,600. We would move that we concur with Senate Amendment #1. We believe that that's a reasonable cut." peaker Peters: "Representative Matijevich."
"Hr. Speaker, we support this Amendment. It's a minor reduction and the Lieutenant Governor doesn't care anyway because he's going to quit."
"The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 537?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 159 voting 'aye', 5 voting 'nay', 5 voting 'present'. And the House does concur in Senate Amendments #1 to House Bill 537. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 588. Representative Wolf."
"House Bill 588, a Bill for an Act making appropriations for the ordinary and contingent expense for the Department of Children and Family Services, Department of Public Aid, Department of Public Health, Department of Mental Health and Developmental Disabilities and the 175 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 Department of Rehabilitation Services together with Senate Amendments #1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 19, 20, 26, 27, 28, 30, 33, 35, 36 and 37."
"Representative Wolf."
"Thank you, Mr. Speaker and Members of the House. The Senate by Amendment has increased the amount for DCFS by one million three hundred and sixty-five thousand eight hundred dollars, the Department of Public Aid by nine million nine hundred fifty-four thousand eight hundred, Department of Public Health a reduction of three million nine hundred fourteen thousand eight hundred, Department of Mental Health reduction of six million four hundred five thousand nine hundred, Department of Rehab Services eight hundred and eight-nine thousand nine hundred dollars. No change in the bipartisan House Committee medical assistance programs and on all other agencies, one hundred and ten thousand dollar reduction. We would move to concur with the Senate Amendments to House Bill 588."
"Representative Matijevich."
"Mr. Speaker, Ladies and Gentlemen of the House, we've decided after conferences with our staffs that we'd best be better off if we concur with these Amendments and we'd have a lot more problems if this Bill went to Conference Committee. With regards to that, I think both of the staffs deserve praise again for all of their work. I think this is probably the first time, if we succeed in this, that the Department of Public Aid and Mental Health go..pass out of the..both Houses without going to Conference Committee. I think many of you are aware of the political problems that this budget has caused in the past. So I would urge the Membership to concur with those Amendments. There were some minor problems but we think those minor problems would become major problems if we went to 176 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 to Conference Committee."
"On that question, Representative Vinson?" inson: "Yes, will the Sponsor yield for a question, Mr. Speaker?"
"He indicates he will." inson: "What is the net impact of the budget on Lincoln Developmental Center as approved by the Senate?"
"The Governor's revised level." 'inson: "How do.. How does the ..do the Senate Amendments affect grant lines for community mental health?"
"..Added a 1.65 million which is similar to the House version, identical to." inson: "What is the Public Aid level? How did the Senate change it?" J.J.Wolf: Added roughly about ten million." inson: "Does the Department consider that to be adequate for the whole fiscal year?"
"Yes." inson: "Given their projected increase in case load?"
"..They added about 86 million dollars to the budget earlier to meet the increased projected case load." inson: "And what was the total impact of their increase?"
"About ten million." inson: "Where did they take the 86 million from?"
"Maybe if you lean over, maybe Mr. Reilly can tell you."
"Representative Reilly."
"Well, if the staff member who ran over to talk to Representative Wolf would run back over to talk to me, I'll be glad to try to answer that. Representative Vinson, what was the question again, please?"
"Apparently, there was 86 million added to the Public Aid budget for..to cover the projected case load increase and 177 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981 some decrease from that of approximately 71 million for other line items in the budget. And I'm curious as to what ...where those other line items were decreased?"
"They made the increases, including the increases.."
"Excuse me. Representative Matijevich?"
"Mr. Speaker, because we've been working on agreements, I have been now informed that this one is not yet settled. Could we please take it out of the record and we'll go back to it later?"
"Representative Wolf?" fatijevich: "In other words, I'd like to agree, but there's some problems developed I guess." peaker Peters: "Representative Wolf, the Gentleman asks if you would now take this out of the record. Apparently a problem has developed."
"Temporarily?"
"Okay? Out of the record." atijevich: "About one day."
"..588 out of the record. 733, Representative Robbins. Read the Bill, Mr. Clerk."
"House Bill 733, a Bill for an Act making appropriations to the Department of Agriculture together with Senate Amendment #1."
"Representative Robbins." decided they could bbins: "I move to concur. The Department get by. I move to concur. The Senate decided that they could do the job for half the price." weaker Peters: "Any discussion? Representative Wolf?"
"Yes, we would agree to concur. The Senate has reduced the appropriation by 50% and we would support that."
"Representative Matijevich." atijevich: "Yes, 733, it's one Amendment which we agreed to also." 178 'ith Legislative Day
"Further discussion? There being none, the question is, 'Shall the House concur in the adoption of Senate Amendment #1 to House Bill 733?". Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 142...Representative Karpiel? Representative Boucek? Record Representative Boucek as 'aye'. Representative Barkhausen as 'aye'. Do you have that, Mark? On this question there are 144 voting 'aye', 5 voting 'nay', 7 voting 'present'. And the House does concur in Senate Amendment 1 to House Bill 733 and that Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 761, Representative Yourell. Read the Bill, Mr. Clerk."
"House Bill 761, a Bill for an Act making appropriations to the State Treasurer together with Senate Amendment #1."
"Representative Yourell."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, I move to nonconcur with Senate Amendment #1 to House Bill 761, nonconcur."
"The Gentleman moves to nonconcur."
"If they wanted to concur, nobody said anything to me."
"Representative Matijevich?"
"I'll abide by the Sponsor's wish. He, evidently, has been in contact with the Treasurer. I thought that this was all worked out, but..."
"Did you want to take it out temporarily, Representative?"
"I think so.."
"Representative Yourell?" 179 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981
"...I had a meeting with the Treasurer Sunday and he asked me to nonconcur in this Senate Amendment. Now, if something has changed since that time, I'm not aware of it."
"Do you want to take it out temporarily to make sure? We'll come right back to it for you." ›urell: "Fine." eaker Peters: "Out of the record. House Bill 744, Representative Telcser. Read the Bill, Mr. Clerk."
"House Bill ..."
"774, I'm sorry. 774." : lerk O'Brien: "House Bill 774, a Bill for an Act making continuing appropriations to the Board of Trustees of the University of Illinois together with Senate Amendment #1."
"Representative Mautino? On 774." tutino: "Yes, thank you, Mr. Speaker and Ladies and Gentlemen of the House. Since Representative Telcser is not here, I'll be happy to handle this concurrence to House Bill 774 which basically ...excuse me a second. Oh, appropriated the continuing basis of all the money deposited in the Real Estate Research Education Fund in the State Treasury for the Board of Trustees at the University of Illinois. And Senate Amendment #1 eliminated the word, 'continuing', and makes the appropriation of one hundred and seventy thousand from the Real Estate Research Education Fund to the U. of I. And I move for concurrence."
"Any discussion? Representative Wolf?"
"Thank you, Mr. Speaker and Members of the Assembly. Yes, we concur with this Senate Amendment #1. Might indicate, which passed the Senate by a vote of 55 to nothing. It is supported by the Association of Realtors and the University of Illinois. We would concur." peaker Peters: "Representative Matijevich." 180 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981
"Same here."
"Any discussion? Representative Ebbesen." besen: "Well, yes. One hundred and seventy-five thousand dollars, are those fees or are those general revenue monies?"
"Those are fees. There's no general revenue. It's paid by the real estate people themselves." eaker Peters: "Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 744 (sic, 774)?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. House Bill 744...774. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 163 voting 'aye none voting 'nay', 2 voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 774. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 805, Peters? Representative Wolf, would you handle that please? Read the Bill, Mr. Clerk."
"House Bill 805, a Bill for an Act making appropriations to the Secretary of State together with Senate Amendment #2."
"Representative Wolf."
"Thank you, Mr. Speaker. Senate Amendment #2 adds two hundred and forty thousand eight hundred fifty-three dollars to the Secretary of State for library services for the blind and physically handicapped and I would move that we concur with Senate Amendment #2."
"Representative Matijevich." atijevich: "We agree with this one Amendment for the Secretary of State's appropriation."
"Any discussion? There being none, the question is, Shall the House concur in Senate Amendment #2 to House 181 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981 Bill 805?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 158 voting 'aye', none voting 'nay', 6 voting 'present'. And the House does concur in Senate Amendment #2 to House Bill 805 and this Bill, having received the Constitutional Majority, is hereby declared passed. Representative... Representative Yourell, any word or should we wait yet?"
"Yes, I'm going to nonconcur and I would ask that Conference Committee..." peaker Peters: "House Bill 761, Representative Yourell. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 761, a Bill for an Act making appropriations to the State Treasurer together with Senate Amendment #1." peaker Peters: "Representative Yourell."
"Yes, it seems that when the staff met and the Comptroller's Office figured the personnel line item in the Treasurer's budget, it was figured on the May figures supplied by the Comptroller that vere not accurate and complete at that time and the latest pay roll shows that there should not have been a cut, reduction, in that line item. And SO they have asked me to nonconcur in Senate Amendment #1 to House Bill 761 and to ask for a Conference Committee."
"The Gentleman moves to nonconcur in Senate Amendment #1 to House Bill 761. Those in favor will signify by saying 'aye', opposed? In the opinion of the Chair the 'ayes' have it and the House refuses to concur in Senate Amendment #1 to House Bill 761. Representative Schneider, we're going to go to your Bill. On 182 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 ith Legislative Day Concurrences, House Bill 1451, Representative Schneider. Read the Bill, Mr. Clerk.
"House Bill 1451, a Bill for an Act to amend the School Code together with Senate Amendment #1."
"Representative Schneider."
"Thank you, Mr. Speaker. The Senate added an Amendment which is an Amendment drawn by the Chicago Board of Education in regard to the original Bill which allows for the movement of interest on investment earnings as they are restricted in the original Bill. The language that they added says they be withdrawn by the Board and used for any lawful purpose. I concur with that Amendment and would ask the House to do likewise."
"Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment 1 to House Bill 1451?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 162 voting 'aye', none voting 'nay', none voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 1451. And this Bill, having received the Constitutional Majority, is hereby declared passed. If th there are any Members that want to nonconcur, please come and give the list to Dave here and we will go to those as we will do now on request from those Members who wish to nonconcur. Representative Cullerton on House Bill 28. Representative Cullerton? Representative Cullerton? Out of the record. House Bill 1536, Representative Jaffe? Representative Jaffe? Out of the record. Representative Wolf? Representative Wolf? Appropriations staff have another party today? ...Hang around a little while, will you? Representative 183 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981 Hatijevich, back on the appropriation Bills. House Bill 1536. Representative Wolf for Representative Ryan. Read the Bill, Mr. Clerk."
"House Bill 1536, a Bill for an Act to provide for the ordinary and contingent expense of the Office of the Governor together with Senate Amendments #1 and 2." peaker Peters: "Representative Wolf."
"Yes, Mr. Speaker, Senate Amendment #1 added seventy thousand dollars in the Energy Administration Fund and one hundred and sixty-two thousand two hundred and seventy GRF for ordinary, contingent expenses of the Consumer Assistance Program. Senate Amendment #2 added forty thousand in personal services for the Executive Office and thirty-two hundred in retirement, two thousand seven hundred for Social Security, a total of forty-five thousand nine hundred and this deletes the reappropriation of forty thousand to the Office of the Governor for remodeling and rehabilitation of the Executive Mansion, including the Carriage House and grounds. We would move that we do concur with ...I would move that we concur with Senate Amendment #1..." peaker Peters: "Excuse me. Representative Matijevich?" matijevich: "Mr. Speaker, there's some late developments on this Bill too. Could we take this one out, Jake?"
"We're going to have to leave for the evening if we keep taking them out." atijevich: "Well..." peaker Peters: "There ain't nothing here to do." itijevich: "Well, I... We always try to help the Governor, but we want to wait. We think we can give him some more help..." peaker Peters: "Representative Wolf, what's your pleasure?"
"Well, Mr. Speaker, I don't know. We...We've been running with all the other ones. I would like to progress 184 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 with this particular concurrence at this time."
"Representative Flinn, for what purpose do you arise?" tinn: "Well, Mr. Speaker, if the two sides are not going to get together on the appropriations, let's get back on Concurrences. We were doing just fine until we changed."
3 Deaker Peters: "The Chair is going to insist on a notarized list of agreed Bills. Representative Davis." vis: "Well, Hr. Speaker, House Bill 536 may have been agreed by the Minority Spokesman and to my distinguished and good friend and colleague, the Chairman of the Appropriations Committee, but there's a Senate Amendment on there that a great number of the Appropriations Committee and a great number of this Body do not agree with and I wouldn't at all call this an agreed concurrence. I suggest that you take it out of the record until you talk to those of us who have problems with Senate Amendment 1."
"Representative Wolf?"
"Take it out of the record permanently."
"Out of the record. House Bill 1536, Representative Jaffe, nonconcurrence. Representative Jaffe."
"Yes, Mr. Speaker and Members, I would move to nonconcur in both Senate Amendments to House Bill 1536."
"The Gentleman moves to nonconcur in Senate Amendments 2 and 3 to House Bill 1536. Those in favor will signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. And the House refuses to concur in Senate Amendments 2 and 3 to House Bill 1536. Representative Ebbesen, for what purpose do you seek attention?" besen: "Well, yes, Mr. Speaker, on page 15 of the Calendar under Motions, I have a Motion regarding Senate Bill 803. 185 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 I wonder if I could have leave of the House to move that to the Spring Calendar? Page 15, Mr. Speaker? Bottom of the page, Senate Bill 803?"
"Representative Ebbesen, I think what we're going to attempt to do is get all of those together and handle them at one time." ebesen: "Yes, but to the Spring Calendar?" speaker Peters: "Well, however they're disposed of at that point. And if it's a..." ebesen: "Well, I thought...I just thought since were we kind of at a lull that we might be able to act on that one piece of business and then maybe that could serve as a precedent for the future.."
"I understand, Sir and we will try and accommodate you and we're trying to accommodate the Clerk's also who can handle all these Motions all at one time rather than spreading them out over the Journals. Representative Mulcahey, for what purpose do you want to say, 'Hello.'?" ulcahey: "I beg your pardon?"
"Yes, Sir. For what purpose do you arise?" ulcahey: "Mr. Speaker, I believe we stopped at 1487. Is that correct?"
"Yes." ulcahey: "Well, do we not have all of page ten and part of page eleven to do yet?"
"Yes, Sir." ulcahey: "Well, can't we proceed with those?"
"We're going to proceed momentarily. A few people seeking attention for one reason or another. Representative Friedrich." riedrich: "Well, Mr. Speaker, when we proceed, I would appreciate it if we would consider House Bill 623 which was 186 th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 pulled out of the record temporarily. Thank you."
"House Bill 623, Representative Friedrich. Read the Bill."
"Mr. Clerk, House Bill 623, a Bill for an Act to amend the Environmental Protection Act together with Senate Amendment #1." peaker Peters: "Representative Friedrich." riedrich: "Mr. Speaker, this Amendment was put on in the Senate. It was put on at the agreement with Representative Getty because this includes the nonincorporated areas as those who are in the counties of over 200,000, as those still under the Environmental Protection control. I believe there's no objection to it as amended. It went out of the House with a big vote and the Senate Amendment was agreed upon. In fact, I drew the Amendment. I would move to concur in Senate Amendment #1."
"Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 623?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who vish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 148 voting 'aye", 15 voting 'nay', none voting present'. And the House does concur in Senate Amendment #1 to House Bill 623. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1487, Representative Getty. Read the Bill, Mr. Clerk."
"House Bill 1487, a Bill for an Act to amend an Act providing probation systems together with Senate Amendments #1 and 2."
"Representative Getty." etty: "Well, Mr. Speaker, Hembers of the House, I am going to 187 ith Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 move to concur in the Senate Amendments to House Bill 1487. Senate Amendment #1 has the effect of delaying the effective date of the Act. It would be delayed so that it would not become effective for the purposes of making applications until July 1st of 1982. It would further delay the time in which the fiscal implications would become effective until January of 1983. Senate Amendment #2 is an Amendment that is technical in nature and it provides that the Office of the Administrative ... Director of the Administrative Office of the Illinois Courts, in the event that an appropriation did not match the full funding, the appropriation payments to the individual counties would be reduced on a pro-rata basis so that it would be fair to every county. The underlying Bill is a Bill which will provide I believe one of the best steps forward for criminal justice that this state has taken in several years. This will provide the incentive to our counties to improve their probation system. It will provide for the necessary funding SO that we do not have a terrible, terrible situation where probation has become a joke, where probation has become a slap on the wrist. It will, indeed, permit the necessary things to make it work. Restitution as an order in every case. It will provide the means to supervise people so that they can be placed in residential detention rather than in prisons. It will provide the necessary motivation to provide community service SO that there will be restitution to society as well as to the victim of a crime. Right now in Illinois, and let me make it very clear to everybody, we're not talking about violent offenders. We all know they belong in the penitentiary and they belong there for a long time. There are nonviolent people, however, who are also being incarcerated in the penitentiary just because we don't have a meaningful 188 th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 probation system, a probation system that would indeed rehabilitate a young first offender, that would give impetus to rehabilitation of an alcoholic who commits crimes, that would give the necessary supervision so that we wouldn't have a ridiculous case load of 182 average probationers per probation officer in one of our counties and an average of 120 throughout the state. That's ridiculous on its face. This will provide the funds in order to do these needed things. It will provide the standards through this law and the administrative office of the Illinois Courts to oversee that probation indeed becomes a reality. Currently, there have been Resolutions adopted by the county board of most of our counties including and just a partial list includes: Crawford, DeWitt, Knox, Lawrence, Livingston, Madison, Montgomery, Platt, Sangamon, McLean, DuPage, Will, Stephenson, Lake, Rock Island, Mercer and Kane. I suggest to you that this is one of the most important pieces of legislation and you, my fellow Members of the General Assembly, said so just a few weeks ago when you voted this out by 157 to 5. The Senate said it just a couple of days ago when they voted it out by a score of 47 to 7. And I suggest to you, Ladies and Gentlemen, that this may be one of the most important votes that you will make to make Illinois a better place for all of our citizens. I ask for your support."
"Discussion? Representative Ewing."
"Mr. Speaker, would the Sponsor yield?"
"He indicates he will."
"Could you tell us how many million dollars this would cost?"
"Yes. In 1983, beginning with the funding, it would cost half of 19 million dollars. In not this fiscal year, we'll have no impact for funding purposes in this fiscal year at 189 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day June 29, 1981 all that is coming up. It will have an impact in Fiscal 1983 of approximately one half of 19 million dollars based upon a full year funding estimate by the Administrative Office of the Illinois Courts." wing: "So a half a year's funding would be about 19 and 1/2...I mean 9 and 1/2 million and a full year, 19 to 20, in that area." etty: "That's correct, Sir, based upon the figures that were supplied and I believe I have filed with the Clerk the necessary statement." wing: "Mr. Speaker and Ladies and Gentlemen of the House, this is an important piece of legislation. I agree with the Sponsor 100% when he criticizes many of our probation services around the state. Though I think there are many good probation offices. I question though whether you can solve a problem by just counting for more money to be spent with the old structure. We are doing a lot of allocating and committing state funds for FY '83 and '84 because we're short of money now and we think it will be easy to come up with this money two or three years from now. Well, the Federal Government has been past masters at this. We have, and I really don't know that we should concur in this Amendment until we're ready to fund it. I think it's a bad precedent to be continually setting commitments for two or three years down the road. We are going to have to take it from education, welfare or some other program when we get to the time of funding. Though I do not question the Sponsor's motivation, nor do I question the need for improvement in probation services, I question the timing and the commitment of future state funds. And in this case we're talking about for a full year, 20 million dollars. And I think everybody should keep that in mind in voting on this concurrence." 190 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day
"Representative Telcser." June 29, 1981
"Well, Mr. Speaker and Members of the House, I think the prior speaker hit upon some very important points. There is not a Member of this Assembly that does not have some just cause for which he or she wants to fight. And yet, the Majority of the Members in both the House and the Senate, I think have come to recognize the precarious financial condition we could find ourselves in if we don't use some sort of restraint. Mr. Speaker and Members of the House, and while some people may have good things to say about this concept, the simple fact of the matter is that the State of Illinois does not have the 19 or 20 million dollars which would be necessary to fund this program. Additionally, Mr. Speaker and Members of the House, I haven't heard too much said about what type of Personnel Code would be used in the employment of all the people who would be working in this system. Nor have I heard any discussion relative to how many people would have to be hired in order to perform the functions outlined in House Bill 1487. Mr. Speaker and Members of the House, it would be, in my judgment, the height of folly to pass this concurrence Motion because it would mean we would be making a commitment to the citizens of Illinois, a commitment which we cannot afford to pay for. And you're going to be called upon in the not-too-distant future should this become law to pay the piper, to raise a tax, to cut another program in which you may have an interest in order to fulfill a promise which we may be making this afternoon in connection with House Bill 1487. Mr. Speaker and Members of the House, the only responsible vote in relation to the Gentleman's Motion is a 'no' vote. This program simply cannot be paid for. We may or may not be able to do it in the future, but clearly, clearly we can set this aside 191 ith Legislative Day June 29, 1981 until we know just what the effects will be on the economic downturn and what effects Illinois will suffer because of the federal cuts in the federal budget. Mr. Speaker and Members of the House, it is prudent and necessary that we vote 'no' on the Gentleman's Motion that the House concur to Senate Amendments on House Bill 1487."
"Further discussion? Representative Getty to close." tty: "Mr. Speaker, I can sympathize with the Majority Leader because I know that was a very difficult speech for him to have to make. He made it because he is the Majority Leader and it's his job. The Governor's Office would like to hold the budget. Apparently the Governor's Office does not realize how very cost effective this program will be. As a matter of fact, it will provide savings because our counties will not have to send people who are nonviolent offenders into the prisons that are overflowing so that the Governor's Office and the Department of Corrections has had to permit early release of violent people, violent people because we are sending nonviolent offenders into the penitentiary. According to the Department of Corrections' own statistics, as of two years ago, 50% of the people there were nonviolent..in for nonviolent offenses. A conservative estimate is that's still between 30 and 50% of those people in our prison systems are nonviolent offenders. And yet, when we early release, we release the violent ones back into society, to come back into 'Cabrini Green', to come back into the downstate areas, to commit further violent acts because we have to early release because we don't have the space. As a matter of fact, this will save us, in that nonviolent people can be placed into meaningful rehabilitative detention programs outside of the penitentiary. It will provide us with the manpower to 192 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 ith Legislative Day supervise people who are nonviolent offenders while they're on probation. And in the interest of trying to work with the Governor, the Senate Sponsor and I jointly sent a letter to the Governor asking, asking the Governor wouldn't he sit down with us and work on that? We sent it two and a half weeks ago to the Governor. I personally talked to the Governor's administrative assistant and asked, "Couldn't we please meet with him and try to work that out?'. I got no response. Senator Sangmeister got no response. So in the interests of trying to not affect the Governor's budget in this coming fiscal year, we took out any funding provisions that would affect it in this fiscal year. And we went one step further. We said in the first year that we'll phase it in. Coming up with 1984's Fiscal Year, we will only have half of the appropriation. In the meantime, the counties will be able to gear up, the counties will be able to start their plan. The Administrative Office of the Illinois Courts will be able to go out and start to upgrade, make suggestions for our counties to upgrade their system in order to meet the necessary standards, in order to give probation reform. I'd like to close by just reading one of the many editorials from throughout the State of Illinois, a short excerpt from it that has lauded this proposal. The Sun-Times on Wednesday, June 10th said, '...If probation officers had better training and reduced case loads- The average case load in Cook County is 182- they'd be able to keep closer watch on their clients and probation would become more than just a slap on the wrist. Criminals could be required to make restitution and perform public service work and the criminal, not the state, would pay for his own food and shelter...'. At an annual cost of 19 million dollars, this program would be a bargain in the long run. Well, Ladies and Gentlemen, it will cost us 193 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 nothing in this coming fiscal year. It will only cost us half of that in the year after that and I suggest to you it is the most cost effective measure we could possibly pass in that it will reduce the necessity of our having to build more and more prisons because we won't have to put the nonviolent people in prisons. We can put them in community service and other detention centers. I ask for your support."
"The question is... The question is, 'Shall the House concur in Senate Amendments #1 and 2 to House Bill 1487?. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Representative Davis to explain his vote." avis: "Well, thank you, Mr. Speaker and Members. I wish to association myself with the remarks of Representative Getty. This is entirely cost effective. The state has been in need of this program for a long time. I can only remind you it costs $17,000 a year now to keep a prisoner incarcerated in the system and that it takes 1,000 prisoners out of the system under adequate...nonviolent prisoners under adequate supervision and probation and I see the votes are there. But I will shut up in a minute. It's totally cost effective and delayed for one year and I believe it's one of the finest things that's come out of the two Committees that I've sat on on prison reform." peaker Peters: "Have all voted who wish? Take the record, Mr. Clerk. On this question there are 121 voting 'aye', 45 voting 'no', 4 voting 'present'. And the House does concur in Senate Amendments #1 and 2 to House Bill 1487. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1489? Representative O'Connell. Read the Bill, Mr. Clerk."
"House Bill 1489, a Bill for an Act relating to 194 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 increases in the authorization levels for various State of Illinois general obligation bonds together with Senate Amendment #1."
"Representative O'Connell."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur in Senate Amendment #1 to House Bill 1489. The Amendment is merely a technical change. The original Bill as it came out of the House by a vote of 153 to 3, did not include two bonding Acts that were originally under the Bond Authorization...Illinois Bond Authorization Act, that is, bonds aimed at educational institutions and also bonds emanating from Mental Health and other public welfare institutions. The Amendment in the Senate included those bonding authorizations. Also, as the Bill left the House, we had estimated personal income to be at 2.61. Since May of 1981, we have had actual data on personal income and the figure of 2.57 represents the ratio of personal income to outstanding indebtedness, bonded indebtedness, in Illinois. I would move to concur in Senate Amendment #1."
"Any discussion? Representative Vinson."
"Will the Sponsor yield for a question?"
"Indicates he will."
"Representative, you have this personal income increase as the maximum rate at which bonds can increase. Now, what is the base figure for the bond increase?"
"Presently, we have an outstanding principle indebtedness of 2.9 billion..."
"So.."
"The.."
"So if..if that is the rate as of the effective date of this proposed Bill, and if the personal income increase were 2.57, 2.57 times that current outstanding bonded 195 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 indebtedness would be the maximum increase permissible for that year. Is that correct?" 'Connell: "That is correct. Now, there is a subtlety to that however. The 2.57 limitation is the limitation that is placed at the end of the fiscal year. Accordingly during the course of the year, bonds can be retired so that during the course of the year, the figure may be higher than 2.57. But given the fact that bonds would be retired during the course of the year, it could be reduced to 2.57 or less at the end of the fiscal year." inson: "Okay, now why do you think... Implicitly what you're saying is the current amount of bonded indebtedness is the appropriate level. Why do you believe that to be the case?" 'Connell: "Well, I believe that to be the case as I said in the substance of the Bill itself, as has been discussed during the past two days with regard to appropriations for capital development bonding authority as well as Department of Transportation. There is a definite fear that our increase in the issuance of bonds is going to place the state in a terrible deficit situation in years to come. The outstanding indebtedness has increased nine times since we've changed the Constitution in 1970. To make it easier to issue bonds, I would consider the fact that it has increased nine times since 1971 plus the fact that the ratio has increased from 1.57 or strike that, 1.53 in 1975 to the current 2.57 that that has caused enough alarm to say enough is enough and let's stop it right where it is." inson: "It is conceivable, Representative, that there might actually in some year be a decline in personal income in the state?" 'Connell: "I would...I would have to say that it is possible that there could be a decline..." 196 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
June 29, 1981 "..What would happen if that were the case?" 'Connell: "If that were the case, the amount, the ratio would decline and therefore the cap would be lower. However, I might add the amount of personal income has not gone down in my estimation since the depression. If, if the amount does decline, it does not necessarily mean that the amount of bonds that are outstanding still would not come within the limitation, whatever that might be." inson: "Is it conceivable that if personal income declined in the state in a given year and the bonds didn't decline, we'd either be in the position of violating your law or defaulting on the bonds?" 'Connell: "No. There would be no default on the bonds. You'd inson: simply stop the bond sales that would put it over the cap." "Well, yes. But it's not a case...You relate to existing bonds. We might actually have to reduce the amount of bonds outstanding to satisfy the terms of your Statute. To the Bill, Mr. Speaker. I think the Gentleman has..." 'Connell: "Mr. Speaker, he didn't..." inson: "..Focused on an important issue.." 'Connell: "Point of order, Mr. Speaker."
"I'm sorry. Yes, Sir?" 'Connell: "The Representative asked me a question and he never waited for an answer." peaker Peters: "Do you want..." inson: "Well, if he wants to respond to the question, I'd be glad to listen to it." peaker Peters: "Proceed. Excuse me. The Chair is going to ask those people not entitled to the floor to leave. Those staff individuals who are not discussing this particular legislative matter to move to the rear to the sides. Let us give the Gentleman some attention. We'll move through this. We've got about sixty Bills to go in roughly six 197 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day hours."
June 29, 1981 "Thank you, Mr. Speaker. In answer to Representative Vinson's question, if ...Well, first of all, Representative, this figure takes into consideration Fiscal Year 1982 so there is no impact on the amount of bonds that have been authorized for sale in 1982. I might add that as you know, these are merely authorizations. The 2.57 has to do with the sales. So we've got a good deal of cushion involved in that 2.57 limitation. If, for some unforeseen reason, we do exceed or with the state in such a perilous condition where it has to issue more bonds, which I personally feel is not in the foreseeable future, the law would be just that. It would be a legislative Statute. It would not be a Constitutional change. I would think that if we had such an emergency, the law could be amended to raise the limitation given the proper justification for such a change." inson: "Thank you very much, Representative. That's exactly the right answer to the question. And that's exactly why the Bill is no protection whatsoever to any taxpayer, or to anybody in this state. What the Bill says is..it's a limitation on bonded indebtedness. It's a Bill that's going to be passed by 89 votes if it's passed. It's a Bill that can be accepted or amended by 89 votes. Now it takes 107 votes to authorize general obligation bonds in this state under our Constitution. Any time you can get 107 votes together to issue obligation bonds, you can get at least 89 together to amend this law. All this Bill is is a press release Bill. It has no practical impact whatsoever on limiting bonded indebtedness. And I would respectfully suggest to the Membership that what we ought do is beat this Bill because of the frivolity of its nature. We ought to carefully examine perhaps a Constitutional Amendment 198 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 that would limit bonds. We ought to carefully examine voting for any increase in bonded indebtedness. But when it takes 107 votes in this Assembly to authorize bonds, it's clearly a mistake to suggest that a Bill that can be amended by 89 votes is any kind of impediment to limiting bonds. I would strongly urge a 'no' vote on this Bill." peaker Peters: "Representative Bullock." 3ullock: "Well, Mr. Speaker, I once again rise to say that my friend, Representative Vinson, the Gentleman from DeWitt, is all wet once again. The Bill is not frivolity. The Bill is quite substantive. Representative O'Connell indicated the Bill passed the House overwhelmingly and subsequently passed the Senate. He indicated in his remarks that the Amendment that was offered to the Bill does in fact deal with the general obligation debt in pegging it to personal income. He also indicated that this Bill in fact would probably be signed by the Governor because the Governor in many of his speeches has indicated his support for this type of tax limitation. Representative Vinson knows that and Representative Vinson should be ashamed of himself for alluding to the Gentleman's Bill as mere press release. It is a substantive Bill. I submit to you, if you are for a tax and spending limitation, you will in fact support Representative O'Connell's offer here in 1489. You will vote 'yes' to concur on this Bill. It's a Bill that goes an awful long way to saying to the taxpayers of the State of Illinois that yes, we support limitation on indebtedness. We support fiscal responsibility and Representative O'Connell stands as a fiscal conservative and we allow him to sit on this side of the aisle and I think if you are a fiscal conservative, you will in fact vote for this Bill because it's a conservative cause. I 199 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 support Representative O'Connell and I think Representative Vinson should be ashamed of accusing the Honorable Gentleman that he is in fact issuing a press release. It's a substantive Bill and let's vote 'aye'." :peaker
"Any Dunn." further discussion?
Representative John Sunn: "Mr. Speaker, Ladies and Gentlemen of the House, I certainly agree with the last speaker. press release here it is that those who vote If there is any for this Bill If there's a don't want to mortgage their grandchildren. news story that comes out of this Bill it will be a news story on the second floor if this Bill is vetoed. That will be news. So let's put this Bill on the second floor and find out whether the Governor really wants to cap the expenditures of the State of Illinois and to start paying for governmental operations on a current basis instead of through bonded indebtedness that our children and grandchildren will be paying. I urge a favorable vote."
"Further discussion? Representative O'Connell to close." Connell: There being none, "Thank you, ar. Speaker. First of all with response to Representative Vinson's comment that this is a press release Bill, I think his logic is rather circuitous. This law does not change that you have to have 107 votes to pass an authorization for issuance of bonds. It simply puts a limitation. It does not change this two-thirds vote requirement that's in the Constitution. Now, with regard to the Bill; Attorney... Auditor General Robert Cronsin sent me a letter indicating that one of the criteria that the rating agencies have for the favorable ratings that they've given the State of Illinois is, will there be a limitation on the amount of bonds that we're going to issue. This is what the Bill does precisely. The Auditor General has 200 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 called investment companies. They've all indicated that this is a definite plus to the overall fiscal integrity of the State of Illinois. The Chicago Tribune has given this Bill an extremely laudatory editorial comment urging its passage. The Senate passed the Bill 49 to 6. The House passed the Bill 153 το 3. We are attempting to place some fiscal restraints on our bonding policies. Everybody here got el elected because they indicated to the voting public that they were fiscally responsible. Now is the time to put your campaign where it means, by voting for this Bill. Yesterday we had a large amount of debate. People were saying that the Department of Transportation, that the Capital Development Bond Authorities were going to bankrupt the state. Well, this is a Bill that will precisely remedy that potential problem. I ask for your favorable vote." ¡peaker Peters: "The question is... The question is, 'Shall the House concur in Senate Amendment #231 to House Bill 1489?". Those in favor will signify by voting 'aye', those opposed by voting nay'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 152 voting 'aye', 13 voting 'nay, none voting 'present'. The House concurs in Senate Amendment #1 to House Bill 1489 and this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1497. Representative Hoxsey. Read the Bill, Mr. Clerk."
"House Bill 1497, a Bill for an Act to amend the Illinois Valley Regional Port District Act together with Senate Amendment #1."
"Representative Hoxsey, would you take this out for one minute please? Thank you. House Bill 536, Representative Wolf. Read the Bill, Mr. Clerk."
"House Bill 536, a Bill for an Act to provide for 201 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 the ordinary and contingent expense of the Office of the Governor together with Senate Amendments #1 and 2."
"Representative Wolf."
"Thank you, Mr. Speaker. I think everything is worked out now. It's an increase of $238,200 by Senate Amendments 1 and 2. I would move that the House do now concur with Senate Amendments 1 and 2 to House Bill 536."
"Any discussion? Representative Giorgi."
"Mr. Speaker, did he say, 'Do not concur.'?"
"Do."
"Well..."
"I said, 'Do now concur,'."
"It's an appropriation measure and I think that the agreement with the Republicans was that John Matijevich should be here and the staff would be here to combat this attempt to concur. And I don't think this is cricket. I don't think you're acting honorable. You've been acting honorable for most of the year. Now, if you want to become dishonorable, I don't think you'll...."
"Representative McClain on the Bill."
".... You don't want that to go on your record..."
"Mr. Speaker, would the Gentleman yield for a question?"
"He indicates he will."
"Mr. Wolf, whatever problem there was has this been concurred now with, Mr. Madigan, in terms of running the Bill now?"
"Yes. My understanding, to be quite frank, was that there was no problem with this Bill... Hold it? Out of the record."
"Thank you."
"Representative Wolf."
"I'm going to leave the floor now. Next time don't call me, I'll call you. Turn your mike off, Mr. Peters." 202 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981
"House Bill 1497, Representative Hoxsey. Read the Bill, Mr. Clerk."
"House Bill 1497, a Bill for an Act to amend the Illinois Valley Regional Port District Act together with Senate Amendment #1."
"Yes, Mr. Speaker, I move to concur with Senate Amendment #1 to House Bill 1497. House Bill 1497, it affects only the Illinois Valley Port District and it provides a means for a township to disconnect from the district. The Senate Amendment added...clarified...with clarifying language and spelled out the rules and regulations regarding the proper circulation of petitions and the notice of election and not less than five percent of the registered voters of the whole district must request the referendum for disconnection, after which the Illinois State Board of Elections would certify the question to be submitted to the voters at the next regular election. And if a Majority of those voting on the question is in favor of the proposition, the Board would declare the township disconnected from the district. I would move to concur."
"Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment 1 to House Bill 1497?'. Those in favor signify by voting 'aye', those opposed by voting 'nay'. The voting is open. On this question there are 139 voting 'aye', 7 voting 'nay', 14 voting 'present'. This Bill, having...the House concurs in Senate Amendment #1 to House Bill 1497. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1503, Representative Nelson. Read the Bill, Mr. Clerk."
"House Bill 1503, a Bill for an Act to amend the Illinois Municipal Code together with Senate Amendment #1."
"Representative Nelson." 203 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 75th Legislative Day
"Thank you, Mr. Speaker, Members of the House. What Senate Amendment does is put an immediate effective date on this Bill. I move for concurrence."
"Any discussion? Representative Preston."
"Would the speaker yield for a question?"
"She indicates she will."
"Excuse me. Would the Representative yield for a question. Could you explain what this Bill does?"
"Yes, I'd be glad to explain what this Bill does. What it does is allow for variable interest rates for municipalities that are putting through special assessments. It's the same as the Bill the other day. 1503 is my House Bill. 376 is the identical Senate Bill."
"Further discussion? Representative Cullerton."
"Will the Sponsor yield? Is this what Representative Vinson would call a press release Bill?"
"No, Sir."
"Thank you. Mr. O'Connell was interested."
"Further discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1503?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 155 voting 'aye', 5 voting 'nay', 1 voting 'present'. This House concurs in Senate Amendment #1 to House Bill 1503. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 1505, Representative McMaster. Read the Bill, Mr. Clerk."
"House Bill 1505, a Bill for an Act to amend the Environmental Protection Act together with Senate Amendment #2." 204 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
June 29, 1981 "Representative McMaster."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, Senate Amendment #2 to House Bill 1505 is in regard to a variance to be granted by the Pollution Control Board. A lot of work was done over in the Senate to make this Bill comply with the wishes of the Pollution Control Board. That has finally been worked out and I do have a letter on my desk across the street from Jake 'DeMell' in which he indicates to me that he is in support of the Bill as amended by Senate Amendment #2, and for that reason I would ask for a concurrence in Senate Amendment #2 to House Bill 1505."
"Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #2 to House Bill 1505?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 146 voting 'aye', 13 voting 'nay', 1 voting 'present' and the House does concur in Senate Amendment #2 to House Bill 1505 and this Bill having received the Constitutional Majority is hereby declared passed. House Bill 1531, Stanley. Out of the record. Chair makes the following announcement that at the request of Representative Madigan, the House Select Committee on Reapportionment which was scheduled to meet at five will now meet at seven p.m.. House Select Committee on Reapportionment, at the request of Representative Madigan, will not meet at five but will will meet at seven p.m.. House Bill 1578, Representative Flinn. Read the Bill, Mr. Clerk."
"House Bill 1578, a Bill for an Act to amend the Revenue Act together with Senate Amendments #1 and 2." 205 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
Flinn: Speaker "Representative Flinn." remove some June 29, 1981 "Thank you, Mr. Speaker. I almost forgot my speech there. I'm going to move to concur in Senate Amendments #1 and 2 to House Bill 1578. Senate Amendment #1 was put on to ambiguity insofar as the election of the assessor is concerned that he would indeed have the powers of the present Board of Assessors. The Bill itself was designed to permit the voters of St. Clair County to elect an assessor as opposed to having an appointed assessor in place of the Board of Assessors. Senate Amendment #2 removes some of the restrictions for qualifying as a candidate and it also adds an effective date immediately. I would move to concur with Senate Amendment #1 and 2."
"Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendments #1 and 2 to House Bill 1578?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 164 voting 'aye', none voting 'nay', none voting 'present' and the House does concur in Senate Amendments 1 and 2 to House Bill 1578. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 1591, Representative Kane. Read the Bill, Mr. Clerk."
"House Bill 1591, a Bill for an Act to amend the Illinois Coal and Energy Development Bond Act together with Senate Amendment #1."
"Mr. Speaker, Ladies and Gentlemen of the House. I would move to concur with Senate Amendment #1. It was an Amendment that was requested by Senator Grotberg in order to accomodate a particular project that he's been trying to work out and I would urge the concurrence in Senate 206 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day Amendment #1." June 29, 1981
"Any discussion? Representative Yourell."
"Yes, this has nothing to do with the Bill, but there's a fancy dude with a camera over here taking your pictures if you're not in the best posture possible. So just beware, Ladies and Gentlemen, there is a dude walking around that's doing his usual thing with a camera in the closing days of the Session. He's got a brown jacket on with a nice camera slung around his neck. Yea, that's you, pal. There he is."
"Any further discussion? There being none, the question is, 'Shall the House concur in Senate Amendment 1 to House Bill 15912'. Those in favor Those in favor will signify by voting 'aye', those opposed by voting 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. Representative Mautino 'aye'. there are 100... Representative Representative Hudson 'aye'. Hold on. On this question Leverenz 'aye'. Do we have that, Representative Mark? Representative Mautino 'aye', Leverenz 'aye', Representative Hudson 'aye, Representative Hoffman 'aye', Representative Watson 'aye'. Okay? On this question there are 161 voting'aye', 2 voting 'nay', none voting 'present'. The House does concur in Senate Amendment #1 to House Bill 1591. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 1614, Representative Keane. Read the Bill, Mr. Clerk."
"House Bill 1614, a Bill for an Act in relation to audits to units of local government and school districts together with Senate Amendment #1."
"Representative Keane."
"Thank you, Mr. Speaker. House Bill 1614, I move to 207 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 concur with Senate Amendment #1. The Amendment is permissive and it permits any city, village or incorporated town to refund any portion of real property tax as levied or collected by such local government on a single family residential unit if the person is 65 years of age or older, has paid property taxes on the property in question, has occupied the dwelling for more than six months and did not rent or lease any portion of the dwelling property to another person. This is similar to legislation in other states such as Florida dealing with senior citizens, and I would ask for a favorable approval of Senate Amendment #1. House Bill 1614."
"Any discussion? There being ... There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1614?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. Representative Keane, do you seek attention?" eane: "After the Roll Call, please." peaker Peters: "On this question there are 162 voting 'aye', 3 voting 'nay', ... Representative Reed." eed: "I wanted to be voted 'aye' on this." peaker Peters: "Representative Reed 'aye'. On this question there are 16...Representative Koehler."
"I had wanted to be voted 'aye' too. I could not find my..." peaker Peters: "Representative Koehler 'aye'. Anybody else? Anyone else? On this question there are 164 voting 'aye', 3 voting 'nay', none voting 'present' and the House concurs in Senate Amendment #1 to House Bill 1614. This Bill having received the Constitutional Majority is hereby declared passed. Representative Karpiel on 1608. Is 208 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 there... Representative Keane, for what purpose do you rise?"
"We passed over 1608 and that's my Bill." peaker Peters: "I'm sorry. Alright. I saw Karpiel here. House Bill 1608, Representative Keane. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 1608, a Bill for an Act creating the local accounting task force together with Senate Amendments #1 and 2." peaker Peters: "Representative Keane." eane: "Thank you, Mr. Speaker. I move concurrence of Senate Amendments 1 and 2 to House Bill 1608. Senate Amendment #1 specifies the terms and the make up of the task force. It also includes the fact that the... It gives the methods and areas that the task force should look into. Senate Amendment #2 amends... makes some minor amendments to the Chain of Lakes Fox River Commission. It states that the survey the Commission will look to one of the boundaries is the Dam at Algonquin and it also indicates that the Commission shall submit an annual report of its findings and recommendations rather than a final report. I'd ask for approval of these." peaker Peters: "Any discussion? Representative Pullen." ullen: "I'd like to ask the Sponsor a question please."
"He indicates he'll respond."
"Is part of the effect of Senate Amendment 2 to make a Commission that was a temporary Commission that was to end, this October a permanent Commission?" eane: "It requires the Commission to submit an annual report to the General Assembly and sets the repeal date of the Commission as October 31, 1983." ullen: "So, it extends the life of a Commission that was to expire this October by two years. Is that correct?" 209 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 eane: "That is correct."
"Has this Commission had any meetings?" eane: "I don't know. Senator Schaeffer asked me. I asked him. When he put the Amendment on, I asked him if it had any problems and he said it did not. It went out of the Senate 55 to 0 or some such number. It does extend... You're right. It does extend the date, the repeal date of the Commission." 'ullen: "Mr. Speaker, a parliamentary inquiry."
"I'm sorry, Ma'am."
"Parlimentary inquiry. Is it in order to question the germaneness of an Amendment of this nature on concurrence?" peaker Peters: "If we were to adhere to the rulings made by the previous Speaker, we probably would, but I don't know. We'll have to look that one up."
"Sir, I'd rather you make an independent ruling. I wouldn't want you to adhere to previous rulings from another year."
"Representative Keane, can we take this one out until we determine the Lady's question? We'll get back to it as soon as that's determined."
"Yes, that's acceptable." peaker Peters: "Thank you. House Bill 1619, Representative Catania. Read the Bill, Mr. Clerk."
"House Bill 1619, a Bill for an Act in relation to domestic relations, domestic violence, shelters and service programs together with Senate Amendments #1, 2, and 3."
"Representative Catania."
"Thank you, Mr. Speaker and Members of the House. House Bill 1619 increases the marriage license fees by 10 dollars and the divorce filing fees by 5 dollars to create a domestic violence shelter and service fund to be administered by the Department of Public Aid because that 210 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE .5th Legislative Day June 29, 1981 is the mechanism that is now in place. The Department of Public Aid may contract with a' not for profit corporation to disperse the money throughout the state. They way it works now is the Title 20 money comes into the state and the Department of Public Aid contracts with the coalition against domestic violence to disperse the money appropriately to the network of shelters and services for domestic violence victims in Illinois. This maintains that mechanism. The problem, of course, is that Title 20 money is probably going to be phased out, but additionally there is not enough money right now to treat all of the victims, to provide any kind of shelter and service for them so this is the mechanism that has been established. The Senate amended it with some clarifying Amendments about how the payments would be made into the fund. It also added units of local government as people who could apply if they meet the same standards to DPA or its designated not for profit corporation for funding of any shelters and service programs that they might run. And the Senate also amended the Bill to say that in counties of three million or more inhabitants 100% of the funds generated would be spent in those counties. There is a misleading statement in the Republican analysis. It says that the Department of Public Aid was eliminated as the agency to which the funds would be transferred. That is inaccurate. They will, in fact, be transferred to DPA so that the same operations now in place will be continued with this funding. The Bill is supported now by the Department of Public Aid. The Department of Law Enforcement has no problem with it nor does the Illinois Law Enforcement Commission and I ask for your support." peaker Peters: "Any discussion? Representative Ropp." opp: "Mr. Speaker, would the Sponsor yield?" 211 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
"She indicates she will."
"Representative, according to this analysis and with the Amendments, is there any change in the fees that are charged for the marriage fee which was an increase to 10 dollars and the dissolution fee was increased by 5. Are those two figures still the same as amended?" atania: "Yes." opp: "Why wouldn't it have been better originally to increase the dissolution by maybe 1000 dollars to discourage people from getting divorced?" atania: "Well, it's a little late to amend it, Representative Ropp. This is the way it was originated and this is the way the Senate kept it and it's come back that way. I'm with you in preserving families, I hope." opp: "Maybe we can take care of that next year." peaker Peters: "Representative Birkinbine." irkinbine: "Thank you, Mr. Speaker. Will the Sponsor yield for a question?"
"She indicates she will." irkinbine: "The description we have of part of Senate Amendment #1 says in counties of three million or more inhabitants 100% rather than 75% of the monies in the domestic violence shelter and service fund collected in that county to be used in that county. Does that mean in every other county except Cook, those counties would get to use only 75% of their monies collected from the fund?" atania: "No, it was amended that way in the Senate because the Senators wanted to be sure that the money generated in counties with three million or more inhabitants would have 100% of that money spent there, but it in no way says how it shall be spent in any of the other counties. It's a statewide network of services and shelters." irkinbine: "I don't understand why once again we're singling out 212 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 Cook County for special treatment."
"When the hearings were held on the problems, it did become apparent that the problem is perhaps more severe in Cook County. The police records, for instance, indicate that a much higher percentage of responses to calls are domestic violence calls there than in other parts of the state although the problems certainly exist in other parts of the state." irkinbine: "That's enough. Thank you." -peaker Peters: "Representative Johnson." :ohnson: "A couple of questions of the Sponsor. Why is it, Representative Catania, when I assume our social polic..."
"Excuse me, Sir. Will the Gentleman between the speaker and Sponsor please move? Proceed, Sir." phnson: "Why is it that we have a higher fee for marriages than we do divorces? Why is the increase twice what it is for divorces? Do you want to make divorces easier? Is that the idea?" As I said to it atania: "NO, re didn't want to make divorces easier. This is just the way it was introduced. Representative Ropp, this is the way has stayed. Frequently, the people who are the victims of domestic violence are the ones who have to pay the divorce filing fee and it was felt the burden should not be. I think it's high on..." ohnson: a analogy drawn filing fee for action? Why "Why in Senate Amendment #33 is there an and I guess the basis used between dissolution and petitions in a regular civil do you do that. Why is it necessary to insert that in there?" atania: "That was an Amendment that was put on in the Senate, I am told, at the request of Senator Carroll and I think it has to do with the way that the fees are collected in Cook 213 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 County. That's really the best answer I can give you."
"With all due respect, this is an Amendment that's totally unrelated to the rest of the Bill, and I'd like to know why it's inserted that way and why is that analogy drawn." atania: "Staff tells me that it's so that if the filing fee is increased that this is also increased. They want that flexibility apparently. They didn't want this to lock in that."
"So, in other words, not only do we have a 10 and 5 dollar increase now that if we get the increases that we traditionally do in areas that are really unrelated to that, we're going to have a continuing accelerating process of fees. Seems to me, Mr. Speaker and Ladies and Gentlemen of the House, people addressed that Bill the first time, I think, really put their finger on a problem that's been accentuated by Senate Amendments #1, 2, and 3. I think this is a bad Bill. I think it was not that bad a Bill as it came out. We have an Amendment #3 that is totally unrelated to the substance of the Bill. I think the Bill had some problems and many people had objections to the basic process of quote, unquote 'user fees' to begin with unprecedented in Illinois law, but even if you supported that the first time, as some of us did, Senate Amendments #1, 2, and 3 make this an unworkable Bill, a bad Bill and I urge a 'no' vote on Representative Catania's Bill."
"Further discussion? Representative Nelson." elson: "Thank you, very much, Mr. Speaker and Members of the House. I believe that this is a good Bill. I am a Cosponsor of it and I would like to tell you also that I am a Board member of the Constance Morris Abuse Shelter which is located in my district on East Avenue. I do know the personal stories of some battered spouses and I think that 214 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 there's a cruel misconception that this returning back home is a sign that somehow the victims may have asked for it. That's seldom the case. Hany times the victim sees herself trapped. Many are career homemakers who have never worked outside the home or worked perhaps only in part time low paying jobs. Dependent upon her husband for support, the victim often sees herself without any alternative but to return home. What this Bill does is provide the funding so that we can have an alternative. I have in my files in my office a letter from Director Miller of the Department of Public Aid stating that indeed Title 20 funds will be phased out and that if we don't have this source of money, we will not be able to fund domestic violence shelters in the State of Illinois. I very much urge your support of these concurrences and your support of this good Bill, House Bill 1619. Thank you, Mr. Speaker."
"Further discussion? Representative Kelley, Jim Kelley."
"Move the previous question."
"Gentleman moves the previous question. Question is, 'Shall the previous question be put?'. Those in favor will signify by saying 'aye', opposed. In the opinion of the Chair, the 'ayes' have it. Representative Catania, to close."
"Thank you, Mr. Speaker. I would ask that everyone who supported this Bill the first time out would continue to support it. This is greatly needed to help the victims of domestic violence in the State of Illinois. On the subject of user fees, I was amazed to hear the Gentleman raise the point that we don't have them in Illinois because I've certainly been hearing a lot lately about letting the RTA pay its own user fees, that we pay for the services that we need, and I ask for your support." 215 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981
"Question is, 'Shall the House concur in Senate Amendments #1, 2, and 3 to House Bill 1619?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 126 voting 'aye', 35 voting 'nay', 4 voting 'present' and the House concurs in Senate Amendments 1, 2, and 3 to House Bill 1619. This Bill having received the Constitutional Majority is hereby declared passed. Back to Representative Keane on House Bill 1608." eane; "Thank you, Mr. Speaker. I believe that Representative Pullen wishes to divide the question."
"Senate Amendment #1. Proceed a discussion of that, Sir."
"Thank you. I ask for concurrence in Senate Amendment #1 which is local accounting task force. I reviewed it before. I don't think there's any problem on this Amendment and I would ask for your favorable concurrence."
"Representative Pullen."
"I have no problem with Amendment #1."
"The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1608?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. The House concurs in Senate Amendment #1. On Senate Amendment #2. The vote on Senate Amendment #1 is 155 voting 'aye', 6 voting 'nay', and the House concurs in Senate Amendment #1. Senate Amendment #2, Representative Keane." eane: "Thank you, Mr. Speaker. I ask for concurrence on Senate Amendment #2 to House Bill 1608."
"Representative Pullen."
"I'd like to ask the Sponsor a few more questions about 216 ith Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE this Amendment, if I may, Mr. Speaker."
"He indicates he'll respond." June 29, 1981 allen: "We were talking a few minutes ago about this Amendment which extends the life of the Chain of Lakes Fox River Commission from this coming October to two years from now. I wonder whether you could tell me, Sir, how long this Commission has been in effect."
"I believe it..."
"Representative Yourell. Representative Keane, proceed." cane: "I believe tha that is was approved September 4, 1979. So it's had this September it will have a two year life," allen: "Was there a Commission of this sort before that time?" eane: "I don't know. This Amendment was put on my Bill in the Senate and I'm not that familiar with the Chain of Lakes Fox River Commission's works wor or what they've done in the past." allen: "I am told that it originated around the middle 1970's. Not being personally familiar with it, I hoped you might have been able to answer that, but I am told that this Commission has been in effect for somewhere around six o seven years already, each year being extended for another two years. Sir, can you tell what the salary of the Executive Director of this Commission is?" eane: "No, I cannot." allen: "I've been told that it's 50 dollars a day. I hope that's not true. Do you know what the appropriation for this Commission is?" eane: "I do not." allen: "I believe it's 30,000 dollars and I wonder whether you can tell me what that 30,000 is spent for." ane: "I have no idea what the appropriation Bill that funds this Commission does. As I mentioned earlier, all I have 217 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981 is the Amendment on my Bill extending the Commission. was not something that I sought."
"Mr. Speaker, may I address the Amendment?"
"Proceed." Pillen: burdened his Bill with this Amendment. It two "Thank you. I have the highest respect for the Sponsor of this Bill and for the original intent of the Bill itself and I am sorry to see that the Senate has saddled and Ladies and Gentlemen of the House, Amendment #2 would keep alive for another two years a Commission that is renewed every years for no apparent reason, the Chain of Lakes-Fox River Commission and this Commission is funded at 30,000 dollars I am told and yet I'm not aware of the work that this Commission does and I don't know whether an yone else in this House can tell us about that. Perhaps if there's someone who thinks the Commission is worthy they could defend it. I do think that in this time of the necessity of fiscal restraint we should be very careful about extending the life of a Commission that is being funded at 30,000 dollars for one very limited region of the state, the Chain of Lakes Fox River area, and I urge the Members of this House to defeat this Motion so that the Gentleman's Bill can stay intact as this House approved it with merely a good clean up Amendment from the Senate rather than this burdensome Amendment. I urge a 'no' vote on the concurrence Motion. Thank you."
"Representative Kane." ane: "Mr. Speaker, Ladies and Gentlemen of the House, I would rise in support of my compatriots Motion to concur. If you think this Amendment is burdensome, you should... if you send this to Conference Committee, wait till you see the burden that it comes back with. I think we ought to concur now and bail out for as little as possible. I would urge 218 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day concurrence." June 29, 1981
"Representative Vitek." itek: "Thank you, Mr. Speaker. Question of the Sponsor." peaker Peters: "He indicates he'll respond. Representative Keane." itek: "Jim, I've been trying to get the Fox River Commission to inspect some of the stuff below the dam up in McHenry and for two years I'm still waiting for a report on those guys. I wish you'd carry the message back to the Chairman and the Director that I'm still waiting for an inspection below the dam. I'll support your Amendment." ane: "Thank you. I'll be happy to do that." peaker Peters: "Representative Tuerk." erk: "I move the previous question."
"Question is, 'Shall the previous question be put?'. Those in favor will signify by saying 'aye', opposed. In the opinion of the Chair, the 'ayes' have it. The question is, 'Shall the House concur in Senate Amendment #2 to House Bill 1608?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. 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 120 voting 'aye', 41 voting 'nay' and the House concurs in Senate Amendment #2. Now, the question is,...Question having been separated, the question now is also on the Bill. Representative Keane." eane: "Yes, I would ask for a favorable Roll Call on the Bill as together." weaker Peters: "The Clerk informs me that we do not need that. Senate Bill (sic, Amendments) 1 and 2 have been concurred in. House Bill 1608, having received the Constitutional Majority, is hereby declared passed. House Bill 1620, Representative Telcser. Read the Bill, Mr. Clerk." 219 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day June 29, 1981
"House Bill 1620, a Bill for an Act to amend the Illinois Housing Development Act together with Senate Amendment #1."
"Representative Telcser." elcser: "Mr. Speaker, Hembers of the House, before I take up my concurrence Notion, I'd like to take an opportunity to introduce someone to you whom you've heard a great deal about for the last couple of terms. For those of you who haven't had the opportunity to serve with him, I'd like to introduce to you the person for whom the Brian B. Duff Award has been named, not only none other than the Judge himself, Mr. Judge Brian B. Duff. Judge, I think that your Roll Call is still the record holder. Mr. Speaker and Members of the House, in connection with Senate Amendment #1 to House Bill 1620, to refresh your memory, Senate Bill... House Bill 1620 is a Bill which amended the Illinois Housing Development Authority Act to allow the Authority to make or purchase mortgages for existing residential structures as well as newly constructed or rehabilitated residential structures. Senate Amendment #1 provided that the Authority may promulgate rules which provide for priority consideration for energy conservation measures in purchasing or making residential mortgage loans. I now move that the House concur with Senate Amendment #1 to House Bill 1620."
"Any discussion? Being none, the question is, 'Shall the House concur in Senate Amendment #1 on House Bill 1620?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay". Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hoffman, would you, at his request, vote Representative Collins? Thank you, Sir. Have all voted who wish? Take the record, Мг. Clerk. On 220 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day this to June 29, 1981 question there are 150 voting 'aye', 13 voting 'nay', 1 voting 'present'. The House concurs in Senate Amendment #1 House Bill 1620. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 1630, Representative Kosinski. Read the Bill, Mr. Clerk."
"House Bill 1630, a Bill for an Act to amend the Illinois Vehicle Code together with Senate Amendments #1 and 2."
"Representative Kosinski." osinski: "МГ. Speaker, I wish to nonconcur with Senate Amendments #231 and 2." to
"The Gentleman moves to concur... I'm sorry. The Gentleman nonconcur, nonconcur in Senate Amendments 1 and 2 to House Bill 1630. Those in favor will moves signify by voting 'aye', start again. The Gentleman moves to nonconcur in Senate Amendments #1 and 2. Those in favor will signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, the 'ayes' have it and the House nonconcurs in Senate Amendments #231 and 2 to House Bill Tate. Read the 1630. House Bill 1632, Representative Bill, Mr. Clerk." lerk O'Brien: "House Bill 1632, a Bill for an Act providing protection for the public health and safety by prohibiting the possession, delivery, manufacturing and advertisement of drug paraphenalia together with Senate Amendment #1." peaker Peters: "Representative Tate." ate: "Yes. House Bill 1632 deals with drug paraphenalia problem by prohibiting the sale of smoking accessories ΟΣ tobacco to those under 18. House Bill 1632 flew out of the House earlier this Session along with Representative Stanley's Bill which is very comparable to the Bill. Amendment... Senate Amendment #1 is purely a technical 221 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day June 29, 1981 Amendment that cleans up some language of a statute that's already on the books, and I move to concur with the Bill."
"Representative Wolf. J. J. Wolf." olf: "Sponsor yield for a question?"
"He indicates he will." olf: "The analysis shows that the... that Senate Amendment #1 repeals the current Act that prohibits the sale of tobacco Tate: to minors." "The analysis is incorrect." lf: "It is incorrect?" te: "Yes."
"What does it actually do?"
"The Senate Amendment took that language out which minors lf: presently cannot buy tobacco and since the language is already on the books, they just deleted the language period. So, I have no idea. This is technical." "Can a minor under, I believe, age 16 purchase tobacco or not in Illinois?" te: "No." olf: "They cannot. And the Amendment does not repeal that Act." ite: "Correct." olf: "Thank you." peaker Peters: "Representative Cullerton. Representative Brummer." rummer: "Yes, there are some staff here looking at the Amendment. They seem to think that it does repeal the Act that prohibits selling cigarettes to those under 18 and making it a criminal penalty which would, therefore, make it legal to sell cigarettes to any minors. That's a little more than technical. Chapter 23, Section 2357 and 58 is an Act that prohibits minors from buying or selling tobacco in any of its forms and establishing certain penalties for 222 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day June 29, 1981 that, for selling to minors, and the Senate Amendment appears to simply repeal that which would be much more than technical. It would technically repeal it. Do you disagree with that?"
"Excuse me. Representative Cullerton, for what purpose do you rise?"
"Mr. Speaker, I'm a Cosponsor with Representative Tate. I can explain it."
"Proceed."
"That Section was repealed because it is contained twice. It's contained in the actual Bill that we passed so the Senate simply, rather than have it appear in two separate portions of the statute, just simply struck it. One of the Sections. In other words, it's still against the law for a minor to purchase tobacco and it simply is technical because it appeared twice in the statutes."
"Okay. Where in the Bill does it appear?"
"I don't have a copy in front of me. If you want me to check it for you, I'd be happy to but that's what the intent of the Senate Amendment was."
"Well, I...I think that's of some concern to myself and I would suspect many Members here. Suddenly, it's legal to sell tobacco to minors. Maybe the Sponsor would indicate where in the Bill that language is contained."
"I could get that language for you. I can assure you I checked this out with Mr. Epstein when the Amendment was passed."
"Would you take it out of the record till we check it?"
"That's fine."
"Out of the record. House Bill 1653, Representative Mautino. Read the Bill, Mr. Clerk."
"House Bill 1653, a Bill for an Act in relation to the conveyance of public lands together with Senate 223 th Legislative Day Amendment #1."
"Representative Mautino."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to concur in Senate Amendment #1 to House Bill 1653 which is basically the Bill. It rewrote the description of property of the property which would is to be transferred under Public Act 81-1333 from the Department of Conservation to Deer Park. In the original writing, the feet and the inches in the description were written with those ditto marks I call them, and in this Amendment it's written out in feet and inches and metes and bounds. I move for the concurrence of Senate Amendment #1." eaker Peters: "Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1653?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. Voting is open. 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 163 voting 'aye', none voting 'nay', none voting 'present'. The House concurs in Senate Amendment #1 to House Bill 1653, and this Bill having received the Constitutional Majority is hereby declared passed. House Bill 1661, Representative Braun. Representative Reilly. Read the Bill, Mr. Clerk."
"House Bill 1661, a Bill for an Act to amend the Illinois Human Rights Act together with Senate Amendment #1."
"Representative Reilly." eilly: "Thank you, Mr. Speaker. This was a Bill introduced at the behest of the Illinois Board of Realtors to deal with some problems they were having with some affirmative marketing, so called affirmative marketing ordinances in various municipalities in agreement. Initially, in the 224 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day House, there were some problems June 29, 1981 or objections raised by some of the municipalities. By House Amendment, those were pretty much taken care of and I believe the municipalities involved do not have a problem now. The Senate Amendment, Senate Amendment #1 was technical in nature in that it clarified, I believe again at the request of the municipalities, clarified the language that we had used. I would move for concurrence of the House in Senate Amendment #1."
"Any discussion? There being none, the question is, 'Shall the House concur in Senate...' Representative McMaster." M:Master: "Will the Sponsor yield?"
"He indicates he will." M:Master: "Jim, if a municipality by zoning ordinance prohibits the establishment of certain...what should I say... joint living facilities in a residential area, would this negate that zoning ordinance?" silly: "No." A:Master: "Are you sure?" eilly: "Yes. Well... I don't..."
"It says that negates or ordinance or rules adopted by municipality by unit of local government. Let me explain..." eilly: "What this deals with, Tom, at least as I understand it, some municipalities had enacted ordinances that, in effect, required realtors to, through these affirmative plans, to go out and actually recruit people, various minority groups to come into a neighborhood or at least to show them houses in that neighborhood. It's best... I understand that's all it deals with."
"I know that that is your intent, but let me explain. In Galesburg, we had... I don't remember exactly what the 225 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981 people were whether they were alcoholics who wanted to have the right to establish living quarters about four ΟΓ five of them to a house in a residential area. This was against the zoning ordinance in the City of Galesburg and it has become quite an object of discussion up there. And I don't want to negate anything that the city government has in the way of a zoning ordinance by allowing legislation like this might do, it may not, Jim." I ailly: "I don't either, Tom. What part of this do you think negates that? I'm not sure why any part of it would. I agree with you and I wanted to get that..." N:Master: "You say that it allows them to... It says it provides that any ordinance ΟΙ rule adopted by unit of local government which limits the housing choice of any person is unenforcable and void." eilly: "I think if you read... that's the synopsis, but I think if you read the whole language that that is not the case."
"I want to be sure, Jim, because I don't think we want to override a municipal ordinance." eilly: "You know, I don't know how to make you sure."
"Do you want to take it out of the record and bring that over to me and show me?" eilly: "Sure."
"Out of the record at the Sponsors request. Read the Bill, House Bill 1674, Representative O'Connell. Mr. Clerk."
"Senate... House Bill 1674, a Bill for an Act in relation to facilities providing maintenance and personal care, nursing and medical services under advance payment contracts for life on long term care together with Senate Amendment #1." peaker Peters: "Representative O'Connell." "Connell: "Thank you, Hr. Speaker, Ladies and Gentlemen of the 226 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day House. I would move to concur with June 29, 1981 Senate Amendment #1. Senate Amendment #1 was devised between hours of work with the Department of Public Health, the Illinois Association of Aging Homes and myself and our staff as well as the Department of Aging, I might add. The Amendment substitutes the Department of Public Health to administer this Act instead of the Department of Aging. The Act itself is to create the Life Facilities Act. A life facility is a form of a nursing home wherein a senior citizen invests substantial amounts of money in the form of a down payment... a senior citizen will invest sizeable amounts of money with a provider of health facilities in return for a contract wherein the life care facility contracts to provide health care for the rest of the senior citizens life. The Amendment, as I said, substitutes the Department of Public Health to administer the Act as opposed to the Department of Aging. The Amendment, furthermore, eliminates a good deal of bureaucratic details that we had in the original Bill and substitutes what we consider to be much more substantive protections for the senior citizen applicant. Specifically, it provides for the establishment of an escrow fund wherein deposit monies... deposit monies would be placed into this escrow fund with a distribution of the funds on a prorated basis specifically as follows: When one-half of the units have been sold and all zoning permits and certificates of need are obtained, the escrow agent may release one-fifth of the residents entrance fee. When the foundation is completed, another one-fifth may be released and when the living unit is under roof, an additional one-fifth may be released. The remaining monies must stay in escrow until the living units are ready to be occupied. I would move to concur with this Amendment which, as I said, is supported by the 227 ith Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 Department of Public Health, the Illinois Association of Nursing Homes... strike that... Homes for the Aged and I would move for its concurrence." eaker Peters: "Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1674?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Reilly, to explain your vote? Take the record, Mr. Clerk. On this question there are 161 voting 'aye', none voting 'nay', 2 voting 'present'. The House concurs in Senate Amendment #1 to House Bill 1674 and this Bill having received the Constitutional Majority is hereby declared passed. House Bill 1678, Representative Reilly. Read the Bill, Mr. Clerk."
"House Bill 1678, a Bill for an Act to amend the School Code together with Senate Amendment #1." peaker Peters: "Representative Reilly." eilly: "Thank you, Mr. Speaker. House Bill 1678, the underlying Bill simply revises a method of calculating in a multi-county educational service region how the local contribution is made. It passed the House, passed the Senate. No problems about that. The Senate added an Amendment that deals with a problem among others, Representative Stiehl's, Cissy Stiehl's district where, in terms, the internal election of a school board, and not how you elect school board members but once you've elected school board members how often they elect their own officers, President, Secretary, Treasurer and so on. This simply gives them the option of doing that every year if they want rather than every other year. It has nothing at all to do with how the public elects school board members. 228 th Legislative Day June 29, 1981 It passed the Senate overwhelmingly with the Amendment on it. I would move for concurrence in Senate Amendment #1 to House Bill 1678."
"Any discussion? There being none, the question is... Representative Schneider."
"Thanks, Mr. Speaker, Members of the House. It looks like collective bargaining for board members to me by statute, but nonetheless since I'm sympathetic to that, I will support it." eaker Peters: "The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1678?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Hr. Clerk. On this question there are 163 voting 'aye', none voting 'nay', 1 voting 'present'. Representative Reilly, for what purpose do you rise?" eilly: "If possible..." peaker Peters: "Let me announce the vote on this. This question there are 163 voting 'aye', none voting 'nay', 1 voting 'present' and the House concurs in Senate Amendment #1 to House Bill 1678 and this Bill having received the Constitutional Majority is hereby declared passed. House Bill 1661, Representative Reilly. Read the Bill, Mr. Clerk."
"House Bill 1661, a Bill for an Act to amend the Illinois Human Rights Act together with Senate Amendment #1." ¡peaker Peters: "Representative Reilly. I don't know that we need the entire discussion, Representative."
"No, there is something we have to put in the record. If you'd... Representative Nclaster." peaker Peters: "Representative NcMaster." 229 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day
"Thank you, Mr. Speaker. We are back on
"Yes, Sir." McMaster: June 29, 1981 1661?" "I want it clearly ascertained in the records that House Bill 1661 is in no way directed toward overriding a local zoning ordinance in regard to limitation of specific areas, for instance, within the municipality being zoned to single family dwellings. I think, if it's the intent of the local zoning ordinance to require single family dwellings, this Bill will in no way interfere with that local zoning ordinance. I'm not sure whether I've stated clear enough. I think perhaps Mr. Reilly or someone else might go further on it than I have."
"Representative Reilly, to state the legislative intent of House Bill 1661."
"Thank you, Mr. Speaker and Representative McMaster. I appreciate your raising the question. You are correct in what you said. The intent of this is not to prohibit the local zoning ordinances or to override local zoning ordinances that, in effect, make a decision that a certain area of town is for single family as opposed to multi-family use and is specifically not intended to override those kinds of local ordinances such as the one you refer to that, in effect, say that if a bunch of unrelated people are living together that that is to be considered more than one family and therefore prohibited under that zoning ordinance. It is not intended to do either of those. As I interpret it, it does neither of those and I think we should clearly state that for the record."
"Representative Conti."
"Mr. Speaker and Ladies and Gentlemen of the House, if it's what Representative Reilly says, then why did it require 107 votes if it doesn't preempt the local zoning 230 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day ordinances?"
"Representative Reilly."
June 29, 1981 "It preempts... It is intended to do what I indicated in my opening statement. It would preempt an ordinance that, on a completely different subject. It would preempt an ordinance that attempts to tell realtors that they have to show homes in a given area to people of any minority group. That was the problem the realtors came to us with in the first place. Those kind of ordinances it would supercede, but it would not supercede the kind of ordinances that Representative McMaster's talking about."
"Question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1661?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Representative Conti, to explain his vote. Have all voted who wish? Representative McMaster, to explain his vote."
"With the clear understanding that the records will show that this Bill does not preempt local zoning, I will vote 'yes'." eaker Peters: "Have all voted who wish? Take the record, Mr. Clerk. On this question there are 144 voting 'aye', 15 voting 'nay', 3 voting 'present' and the House does concur in Senate Amendment #1 to House Bill 1661 and this Bill having received the Constitutional Majority is hereby declared passed. Representative Tate, are you ready to go to yours? House Bill 1789, Representative Braun. Read the Bill, Mr. Clerk."
"House Bill 1789, a Bill for an Act to amend the Emergency Medical Services System Act together with Senate Amendments #1, 2, and 3."
"Representative Braun."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the 231 th Legislative Day June 29, 1981 House. I move to concur in Senate Amendments #1 and 2 and nonconcur in Amendment #3. Sorry."
"The Lady moves to concur in Senate Amendments #1 and 2." raun: "Yes."
"Is there discussion? There being none, the question is, 'Shall the House concur in Senate Amendments #1 and 2 to House Bill 1789?'. Those in favor will signify by voting 'aye', those opposed... Representative McMaster." M:Master: "These are the only two Amendments on this Bill?" eaker Peters: "No, there's three. They Lady is going to nonconcur in the third Amendment." M:Master: "The analysis I'm looking at only shows two. If that's the case, alright." eaker Peters: "Am I correct, Representative Braun?"
"That is correct. There's an Amendment #3." eaker Peters: "Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Take the record, Mr. Clerk. On this question the vote is 146 voting 'aye', 4 voting 'nay', 3 voting 'present' and the House concurs in Senate Amendments #1 and 2 to House Bill 1789. The Lady now moves to nonconcur in Senate Amendment #3 to House Bill 1789. Those in favor will signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it and the House nonconcurs in Senate Amendment #3. House Bill 1797, Representative Findley. Are you ready on that? Out of the record. House Bill 1807, Representative Koehler. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 1807, a Bill for an Act in relation to conveyance of public lands together with Senate Amendments #1, 2, and 3." peaker Peters: "Representative Koehler. Excuse me. 232 th Legislative Day June 29, 1981 Representative Conti, for what purpose do you rise, Sir?"
"Mr. Speaker, just to point out that we have done an awful lot of work today and we've gone along very well and very expeditiously, but I just got through not concurring in House Amendment #3 (sic, Senate) to 1789 and our Digest only shows us two Amendments on it. I don't mind going along here and try to move this House so that we can get our work done, but when I'm not concurring with something, I'd like to know what I'm not going to concur with. There's only two Amendments on my Digest." Peaker Peters: oehler: "Representative Koehler. Representative Koehler on 1807. Proceed, Ma'am." "Mr. Speaker and Ladies and Gentlemen of the House. would ask for concurrence on House Bill 1807, Senate mendments 1, 2, and 3. The effect of the House Bill is to authorize the Department of Conservation to exchange real I property in Marshall, Pope and Lake Counties. Senate Amendment #1 authorizes the Department of Conservation convey land in Stevenson County for highway maintenance. Senate Amendment #2 is an Amendment which clarifies that to the 800 dollar payment in the Pope County land exchange shall be deposited in the State Park Fund. And the Senate Amendment #3 is an Amendment...this Amendment is a flowage and maintenance easement agreement between the Department of Conservation and James Lambee of Woodford County. would now move for concurrence. Thank you."
"Representative Greiman." I reiman: "Yes, thank you. Mrs. Koehler, I wonder if you have received if the Department has received any appraisals for the transfer of those properties that there are to be where the fee is going to be transferred?" peaker Peters: "Representative Koehler."
"On this, these... the last three were added in the 233 th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 Senate and I do not know whether an appraisal is filed with the Senate or not." reiman: "Well, #2 is where there's some money going transferring and there's a fee title transferring so that we have to make this transfer without knowing whether the property is urban-rural whether it's... what kind of a value it has. Is that right?" behler: "Representative Greiman, this is based on appraisals that you had looked at earlier. This is in the original House Bill. The land that was in Pope County and this 800 dollars is money paid by the owner of that land in Pope County to the Department of Conservation, and we had to provide for the acceptance of that money in placing it in the fund for the Department of Conservation. It will be placed and deposited in the State Park Fund. But this was in the original Bill which there were appraisals filed." reiman: "You're satisfied that nobody is overreaching the state then. Is that right?"
"Yes, I am satisfied." reiman: "Then I'm satisfied if you are." oehler: "Thank you, Representative."
"Further discussion? There being none, the question is, 'Shall the House concur in Senate Amendments 1, 2, and 3 to House Bill 1807?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 166 voting 'aye', none voting 'nay', none voting 'present' and the House concurs in Senate Amendments 1, 2, and 3 to House Bill 1807. This Bill having received the Constitutional Majority is hereby declared passed. The Chair would indicate to whoever is taking pictures in the gallery that 234 With Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 although the light is on, the pictures are permissable from the rear and the front and not from the sides. It does not pertain to the Gentleman in the rear. But someone evidentally is walking on the side and has been called to the Chair's attention. We have no objection to the pictures being taken provided it is from the back or the front, not from the sides. Question of profile view. House Bill 1815, Representative Irv Smith. Read the Bill, Mr. Clerk. What did I say? House Bill 1812, Representative Irv Smith. Read the Bill, Mr. Clerk."
"House Bill 1812, a Bill for an Act in relation to assignment of workman's compensation claims together with Senate Amendment #1 and 2."
"Representative Smith."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to concur on Amendments 1, 2, and 3 of House Bill 1812. The analysis, the Republican analysis only shows Amendment 1. Amendments 2 and 3 should have been furnished. I'll be happy to explain them."
"How many Amendments are there, Mr. Clerk?" `lerk O'Brien: "The Senate Message includes Senate Amendment #1 and 2."
"Alright. Pardon me, Mr. Speaker. They're in the Supplement." 3Deaker Peters: "The Bill with the Clerk indicates there are only two Amendments, Representative Smith."
"The Supplement is this yellow..."`
"The Supplement might be the Supplement but the Clerk has got what's the official 'mugilla' as they say. The Real McCoy." mith: "Alright. We will work from the official 'Hugillicutti'. What do you have, Mr. Clerk? One and two? Amendments 1 and 2. Fine." 235 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981
"We are informed that 3 was tabled on June 26." mith: "I wasn't furnished with that information." peaker Peters: "Okay, one and two." mith: "Move for concurrence of Amendments 1 and 2." peaker Peters: "Is there any discussion? Representative Schuneman."
"Two questions, Mr. Speaker."
"Proceed." chuneman: "First of all, Representative, on the Amendment, it appears that the original Bill dealt with payment of a death benefit in cases where there might be a worker's compensation claim later. Is that the case?"
"Representative Smith." mith: "Yes, Sir, that's correct." chuneman: "Okay. I have a question on that which I'll pose to you now. Then we'll get the other one. But on the worker's compensa... the death benefit, if the State pays that death benefit, do they received some kind of a waiver or a promise to reimburse if that claim is later found to be covered by worker's compensation?" mith: "This is a non-occupational death benefit, not the occupational death benefit." chuneman: "I understand that, but many times and I assume it in the case of the state benefit that what we buy is non-occupational which, in effect, means that you can't pay it if it is occupational. What I'm asking you is are the beneficiaries going to be paid twice? Are they going to be paid under the death benefit plus the worker's compensation?" mith: "No, Sir. It's going to be paid once. Let me read this comment. In many cases a long period of time is needed to obtain an Industrial Commission decision on the death case. The proposal would allow prepayment of certain minimum 236 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 death benefits during this period and provide that if an Industrial Commission award is ultimately obtained then over payment could be recouped directly from the Industrial Commission." chuneman: "That answered my question. On the Amendment then what was done in the Senate then was to increase the pension benefits on this Bill. Is that correct?" mith: "No, that was the original Bill."
"Effect the..." mith: "I'm sorry. Alright. ..." chuneman: "Amendment #1 grants a 3% increase in retirement benefits to State employees." mith: "That's right. And the way that got on in the House, that was House Bill 1811 that didn't have time to get out. Let me read the effect of Senate Amendment 1. It grants a 3% annual increase in retirement benefits to State employees who retired before January 1, 1970 with less than 15 years of service. Presently, employees with 15 or more years of service receive the 3% increase." chuneman: "What's the annual cost of that benefit?" mith: "I have it here. One second. It seems to me like it was about 100 and... Wait a minute. Committee Amendment. The Amendment would extend the 3% cost of living benefits to pre-1970 retirees with between nine and 15 years of service. The first year pay out would be about 50,000 dollars." chuneman: "What's the increase in the unfunded liability?" mith: "2,400,000."
"Mr. Speaker and Ladies and Gentlemen of the House, I think this is kind of a strange way to get a pension Bill back here, frankly, but you've heard what the impact is. A 50,000 dollar a year increase plus two million dollars in unfunded liability." 237 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981
"Two and a half million."
"Thank you." peaker Peters: "Representative Abramson." bramson: "The Sponsor yield?" peaker Peters: "He indicates he will."
"Amendment #2 transfers responsibility for self insurance for workman's comp from Industrial Commission to the Director of Insurance. Why is that?" mith: "The Department of Insurance has greater expertise in making that determination which is their business. The Industrial Commission hereto for has generally rendered that advice from the Industrial Commission." bramson: "Isn't it fact that the self insurers are operating at 50 to 80 percent of the cost of insurance and that the insurance industry wants the Department of Insurance to get a hold of this thing so they can get back in the business?" mith: "I don't think that's the reason, Representative. No." bramson: "Thank you." peaker Peters: "Representative Mays." ays: "Irv, would you mind separating these two Amendments so we could vote on them individually?" mith: "Fine. I move for concurrence in Amendment 1, Mr. Chairman (sic, Speaker)." peaker Peters: "Alright. Any further discussion? We will now vote on Amendment #1, Senate Amendment #1 to House Bill 1812 and that refers to what, Representative?" mith: "Grants the 3% annual increase in retirement benefits."
"The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1812?". Those in favor will signify by voting 'aye', those opposed by voting 'nay'. Representative Johnson. No, would you vote my switch, please?I don't know about Jake, but I know how I want to vote. Representative Woodyard, would you please 238 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 vote Representative Peters 'no'? Thank you. Have all voted who wish? Have all voted who wish? Take the record. Representative Yourell 'aye'. On this question there are 102 voting 'aye', 53 voting 'no', none voting 'present' and the House concurs in Senate Amendment #1. Now, on Senate Amendment #2. Representative Smith."
"Thank you, Mr. Speaker. I move for concurrence of Amendment #2 which transfers responsibility of self insurance for workman's compensation from the Illinois Industrial Commission to the Director of Insurance."
"Question is, 'Shall the House concur in Senate Amendment #2?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 147 voting 'aye', 9 voting 'nay' and 3 voting 'present' and the House concurs in Senate Amendment #2 to House Bill 1812. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 1816, Representative Reed. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 1816, a Bill for an Act in relation to requirement of an economic impact study for regulations proposed before the Pollution Control Board together with Senate Amendment #1." peaker Peters: "Representative Reed."
"Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1. It simply reinstates the provision eliminated by the original Bill. It has to do with economic impact studies and the availability of those studies for public comment and exposure. We have no problem with Senate Amendment #1." peaker Peters: "Any discussion? There being none, the question is, 'Shall the House... Shall the House concur in Senate 239 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day Amendment #1 June 29, 1981 to House Bill 1816?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. Voting is open. 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 162 voting 'aye', 3 voting 'nay' and none voting 'present' and the House does concur in Senate Amendment #1 to House Bill 1816. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 1838, Representative Hallstrom. Read the Bill, Mr. Clerk."
"House Bill 1838, a Bill for an Act to revise the statutory reference relating to the Department of Rehabilitation Services together with Senate Amendment #1."
"Representative Hallstrom."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to concur on Senate Amendment #1 to House Bill 1838. As you heard the Clerk read, the Bill only changes the name and it makes certain statutory references. It changes it from the Division of Vocational Rehabilitation to the Department of Rehabilitation Services. It also changes the Illinois Children's Hospital School to the name of the Illinois Children's School and Rehabilitation Center. The Amendment merely transferred the administration of the program concerning telecommunication devices for the deaf from the Department of Public Health to the Department of Rehabilitation Services. I move to concur."
"Any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1838?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 168 voting 'aye', 240 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 none voting 'nay', none voting 'present' and the House does concur in Senate Amendment #1 to House Bill 1838. This Bill having received the Constitutional Majority is hereby declared passed. House Bill 1797, Representative Findley. Out of the record. House Bill 1632, Representative Tate. Representative Cullerton is Cosponsor handling the Bill. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 1632, a Bill for an Act providing protection for the public health and safety by prohibiting the possession, delivery, manufacturing and advertisement of drug paraphernalia together with Senate Amendment #1."
"Representative Cullerton."
"Thank you, Ar. Speaker and Ladies and Gentlemen of the House. We would move to nonconcur on Senate Amendment #1. We thought that the Amendment was merely technical but it did strike the Section of the statutes that prohibit the sale or prohibit a minor from purchasing tobacco so we would move to nonconcur on Senate Amendment #1."
"The Gentleman moves to nonconcur in Senate Amendment #1 to House Bill 1632. Those in favor will signify by saying 'aye', opposed? In the opinion of the Chair, the 'ayes have it and the House nonconcurs in Senate Amendment #1 to House Bill 1632. House Bill 1531, Representative Stanley. Out of the record. House Bill 1447, Representative Schneider. Did we do that? I guess we did. Okay. Representative Beatty. Representative Beatty. Your attention. Did we take House Bill 1391? Did we do that? Okay. Ny Calendar was unclear. Thank you. House Bill 1029, Representative Daniels. 1029. Out of the record. Bradley, do you want to do 963? We did that, 963. The Calendar here is ... bear with us. Representative Reed, 871. Was that nonconcurred in? 871, Ma'am. Did we do that?" 241 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981
"871, Amendment #1 was nonconcurred with, #2 concurred."
"Thank you. Representative Conti on 1041. House Bill 1041. 1041."
"Is that my Bill?"
"Yes, Sir, Representative Conti. Read the Bill, Mr. Clerk."
"House Bill 1041, a Bill for an Act to require the Department of Law Enforncement to furnish certain arrest records to units of local government and school districts together with Senate Amendment #1."
"Representative Conti."
"Mr. Speaker and Ladies and Gentlemen of the House, I didn't know they put an Amendment on there. I can't...it is a very brief one, but it certainly is very vague. It says that two...in this Section the two highest government officials. What does that mean? The mayor and who else? The chief of police, is he the highest official? Well, I will nonconcur. I don't know what they mean by this."
"The Gentleman moves to nonconcur in Senate Amendment #1 to House Bill 1040 (sic) (1041). Those in favor will signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it, and the House refuses to concur in Senate Amendment #1 to House Bill 1041. Representative Reilly. 821, did we do that? Out of the record? Representative Vinson, 455. Read the Bill, Mr. Clerk."
"House Bill 455, a Bill for an Act to a amend an Act in regard to judgments in relation to real estate together with Senate Amendments #1 and 2."
"Representative Vinson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill would revitalize the construction industry in Illinois by shortening the length of the 242 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 redemption period. Illinois now has the longest redemption period in the country. There are very few mortgages foreclosed in Illinois. Approximately half of one percent of mortgages are ever foreclosed. But because of that half of one percent that are forclosed and because of the length of our forclosure proceedings in this state, it is virtually impossible, extraodinarily difficult to sell mortgage paper on the secondary market. Because of that, Illinois institutions end up owning mortgage paper rather than being able to sell them in secondary market and then the reel in the funds sold in the secondary market to new home purchasers. For those reasons, this Bill would substantially, by somewhat reducing the redemption period, it would substantially enhance the construction industry and the Savings and Loan industry in the state. For those reasons I would move for passage of Senate Bill 455."
"Any discussion? Representative Jaffe."
"Would the Gentleman yield to a question?"
"He indicates he will."
"Sam, in the House Bill it looks like we shortened the period from nine months to four months, and it looks like the Senate Amendment shortens it even more. Is that correct? It shortens it from four months to three months."
"Yes. Now bear this in mind, Representative. We're really talking about two periods. There is the period....the Senate did shorten the periods, both periods. But the... there is the period in which the mortgagor has exclusive redemption rights, and then there is a period in which there are concurrent redemption rates with the judgment creditor. You have to tack those two periods together. So when we say we're shortening the periods, the total period under the proposed legislation that the mortgagor would have would be a six month period." 243 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 affe: "Well, if I understand you're also shortening the other period, too." inson: "Yes, Sir." affe: "In other words, you know, in other words, what the Senate Amendment does is it not only shortens the first period, it also shortens the second period." inson: "Yes, it does do both of those things." affe: "So in other words, you went from 12 months to 9 months, and they went from 12 months to 6 months. Well, if I may speak to the Amendment, Mr. Speaker. I would really urge a 'no' vote on concurrence on this particular Amendment. I think what the original Bill did was bad enough in a time when we have people out of work and when people really cannot redeem their mortgages and everything else. But what the Senate Amendment does, put on by Senator Ozinga, is takes the periods and shortens then even more. It takes the period the judgment creditor must wait to redeem real property. We did it from 9 months to 4 months. What Senator Ozinga does is he reduces it 3 months. Then in all the other redemption periods we reduce those by quite a bit, too. Where we reduced from 12 months to 9 months, the period in which a defendant may obtain a subsequent redemption of property redeemed by a judgment creditor, he reduces it to 6 months. In other words, he cuts it in half. I would say that this is really a very, very bad Bill. I think what we did initially was bad enough, but what the Senate has done is even worse, and I would urge a 'no' vote on concurrence." peaker Peters: "Representative Johnson." ohnson: "Mr. Speaker and Hem.... Sometime I am going to speak without doing that. Mr. Speaker and Members of the House, I think everybody should realize the overall context that this Bill is set in to see how reasonable it is. I hope no 244 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 one would have you believe that the process is simply that you have three months and three months and then you're cut off. The fact is before this whole mechanism is even put into force, there is a very lengthy procedure either set forth in the specific mortgage note, or... and/or in state law that requires notice to and a period of time in which the debtor can make up his deficiency, a second notice, there is a whole variety of requirements. I do alot of, or our firm does a lot of foreclosure work, and I can tell you that the period doesn't begin to run until you really have a deadbeat on your hands. Then, after that, with this Bill and with these Amendments, there is an exclusive three month period in which the debtor has or the motgagee has...the mortgagor has to redeem the property. Then another three months in which he can still redeem the property along with the coincident rights of a judgment creditor to redeem the property. What you're saying if you vote 'no' on this Bill, and if you vote 'no' on this Motion to concur is, that we ought to encourage people to fall vastly behind on their debts and then to tie up the property so it doesn't go into the free market system so the people are going to be unwilling and lending institutions are going to be unwilling to lend money into the private market. And all of you are concerned about construction, and building of property, and jobs, and a free enterprise free market system are going to have that all come tumbling down. I think in this day in this particular context of time we're in, it is necessary that we free up money into the mortgage market. And if you vote 'no' on this, you're going to go exactly the opposite of that trend. I think this Bill as it came out was eminently reasonable. I think the Amendment is emminently reasonable, and I urge a 'yes' vote on Representative 245 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 5th Legislative Day Vinson's Motion."
"Representative Daniels in the Chair." peaker Daniels: "Representative Greiman." reiman: "Thank you, Mr. Speaker. With respect to some of the comments of the last speaker, we have no statutory notice provision that I recall. Most residential mortgages do not...most mortgages, as a matter of fact, do not in fact have any written notice provision. They have...indeed, the lender may give some notice. It may be the policy to give some notice, but there is nothing in the law that makes that a matter of right. Now one of the most sacred...by the way, when I got out of law school a long time ago, the people in this State, the farmers of this State, the homeowners of this State believed that home ownership, that farm ownership was so sacred that when I got out of law school, the period of redemption was 18 months. That wasn't so long ago. It was...well, a few years ago, but not so long ago. And now we've taken it down. Every few years we take it down a peg, and now we're going to take it down to six months. Now, think about what ve have here. We have a...the person who owes money who finds himself with heavy medicals for a short period of time is in 'Catch 22'. You're shortening the time that he can come and borrow money to buy a new...to repay the house, and you're making it more difficult for him. It seems to me that if there is anything that is sacred, if there is anything this General Assembly should care about, it is keeping people owning homes, owning homes in this State. This Bill makes it more difficult. This Bill makes people who have problems in their family, unemployment, more at risk. If ever there was an ill-timed Bill, this is the poorest time to bring this Bill up. Wait, Mr. Vinson. Wait with this Bill until there is a period of prosperity. 246 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 And then nobody will give a damn. We'll lover the pay redemption, but not now. Not when unemployment is rising, not when people feel the crunch. This is the time when ve should be extending it, not reducing it. Where is the compassion? Where are the feelings? Wait until we have prosperity and then bring them all in. We'll take all the rights away, but not now." peaker Daniels: "Representative Stearney." tearney: "Would the Gentleman yield?" peaker Daniels: "He indicates he will."
"Mr. Vinson, this...this Act applies to any type of judgment that is obtained against a particular person. Am I right?"
"Yes, Sir." ..tearney: "And if he has real estate, then you could nove against that particular parcel of real estate and have it sold. True?" inson: "Yes." tearney: "Or does this Bill deal most likely with the person who is in default on his mortgage payments?"
"Well, what the Bill deals with is that any judgment creditor, any creditor who has reduced his claim to a judgment, then has the ability for a certain period of time, in the case of this Bill, a three mo month period of time, to reduce that judgment to the point where he can seize the property and sell it for that deficiency." tearney: "Well, let me give you an example. If I have a judgment against X, court judgment... Let's say I represent someone in a divorce proceeding which I have and I have obtained a judgment. Again, now how much time would I have to wait before I can make that...put that...reduce that judgment and proceed against that particular parcel of property in a judicial sale?" 247 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
"That is not June 29, 1981 affected by this particular...by this particular piece of legislation."
"Well, why not?" inson: "What this particular piece of legislation says, guarantees you is your right...it deals with the period within what you can redeem against the property if there has first been a foreclosure sale against the mortgagor."
"Okay, so this Bill then takes affect after there is a foreclosure sale?" inson: "I'm sorry. My council, Mr. Leinenweber, was advising me. Go ahead." tearney: "Yes, I think so, because you said on the first hand this would...this property would be affected by any type of judgment, and then on the other hand, you say a foreclosure, which only can come on a default on your mortgage payments." vinson: "If the...the mortgagor is...defaults, and there is a foreclosure sale, then any judgment creditor has a right to redeem the property and then sell it and get the value of his judgment out of that piece of property."
"But the question is now..." inson: "And that is where the judgment creditor's rights come in." tearney: "How much time must a judgment creditor wait from the time he gets the judgment until he can move to sell that property?" inson: "That is not affected at all by this Bill. This Bill only comes onto play in the event that the mortgagor defaults. It does not come into play in the event of the judgment creditor just separately and on his own pursuing his remedy against the property of the plaintiff." tearney: "Okay, assuming an individual defaults on his mortgage payments, the banks or Savings and Loan come in and they go 248 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day to foreclosure. June 29, 1981 How much time must a mortgagor wait before he moves to foreclose?"
"A mortgagor never forecloses."
"I'm sorry, the morgagee. I forget my property law." inson: "The mortgagee...well, what I am saying...you're asking the question contradictorily." tearney: "Let's use creditor debtor then, and we'll all know what we're talking about." inson: "Alright."
"The debtor is the one who owns the property, defaulted on his mortgage payments. True?" inson: "Yes." tearney: "Ther creditor is the bank or the Savings and Loan, for instance." inson: "Yes."
"Now, he defaults. The debtor defaults on his mortgage payment. How much time now before the creditor can come in to foreclose on that property and if so, then go to judgment on it?" inson: "Okay, this Bill does not affect that at all. This Bill deals with what you cando after the foreclosure. This Bill limits the rights of the mortgagor and of the borrower after the foreclosure sale. It does not deal with the mortgagee, and it does not deal with anything that a....some other creditor comes against the borrower on prior to the foreclosure sale." tearney: "Okay, what is the law now then? How long must the creditor wait?" inson: "Prior to or after the foreclosure?" tearney: "Prior to and then after." inson: "I can tell you after, he must now wait six months." tearney: "And this Bill would do what?" inson: "But, wait a minute. It does...it affects in no way what 249 5th Legislative Day STATE OP ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 he does prior to the foreclosure."
"But only after." inson: "Yes."
"And what would this Bill do in reference to that six months?" inson: "This Bill would shorten that six months to three months."
"Three months. Is the...before the debtor can come in to redeem?"
"Before what?" tearney: "The debtor can come in." inson: "The debtor can come in..."
"Yeah." inson: "...The mortgagor, the debtor, the homeowner can come in and redeem at any time after the foreclosure sale." tearney: "But prior to judgment, prior to the property being sold." inson: "Yes, and he can also come in after the property is sold for a period of three months." tearney: "And what is the law now after?" inson: "Six months."
"Why are you shortening it?" inson: "I am shortening it because the period in Illinois is so much longer than the periods in other states, that the secondary market will not buy Illinois mortgages. What I am trying to do is make it possible for banks and Savings and Loans in Illinois to sell that mortgage paper on the secondary market so that they can get money back from that sale and relend it to homebuyers, to the construction industry."
"Okay." nson: "Thank you."
"Representative Bullock." 250 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day allock: "Thank you, thank you, Mr. Speaker. Vinson yield for a question? June 29, 1981 Will Representative He indicates he will. Representative Vinson, are we essentially talking here about the secondary real estate market?"
"Yes, Sir."
"And for benefit of those Members that might not be familiar with that, could you describe for us what the secondary real estate market is?"
"Well, through a variety of federal agencies like Fanny May and Ginny May and through a variety of private corporations, the is a now a market created where a bank, or a Savings and Loan, or another financial institution can take a mortgage that somebody executes to them, and they can sell that mortgage. Now, when they go and sell that mortgage, they get money back." illock: "Okay, and are we essentially talking about attracting venture capital in undeveloped urban areas and blighted urban areas?"
"Yes, Sir." :'allock: "And are ve essentially saying that with this type of incentive we can attract out of state venture capital?" inson: "Yes, Sir."
"Mr. Speaker, to the Bill. Representative Vinson has, certainly in the minds of many, perhaps reduced the redemption period. Many of you would probably say that this legislation is weighted in the advantage of judgment creditors. Perhaps that is true. But I think weighted against that evidence is a far greater benefit that he purports that this Body endorse. And what he purports that this Body endorse and which I concur with in supporting the Gentleman in his Motion to concur, is that we need venture capital in the State of Illinios. I have proposed to this Body, and at some point in time I suppose the Speaker will 251 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981 call House Joint Resolution Constitutional Amendment #2 which has in that provision a growth and rehabilitation incentive option which addresses this very subject in terms of housing and how we stimulate housing in urban areas. Certainly you have a right to be concerned about the consumer, but I think if you are...long range in your views in this particular instance, that you will join with Representative Vinson and you will vote affirmatively on concurrence with Senate Amendment #2, because it, in fact, does as the Gentleman has purported and indicated to this Body. It will, in fact, go an awful long way to putting dilapidated housing back on the row and will attract the revenue necessary to rehabilitate urban and rural communities. I urge an 'aye' vote."
"Representative Piel."
"Move the previous question, Mr. Speaker."
"The question is 'Shall the main question be put?' All those in favor signify by voting 'aye', opposed 'no'. The 'ayes' have it. Representative Vinson to close."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The purpose of this Bill is, in fact, compassion for those people who can be employed in the real estate industry, who can be employed in the construction industry, and for the person seeking a mortgage to buy a new home for the first time. What this Bill will do is to make it possible for that individual to buy a new home. It will make it possible for the construction industry to build new homes and make it possible for banks, Savings and Loans, insurance companies, to make the money available in Illinois. All we would be doing by defeating this Bill is denying that money to Illinois. It would flow elsewhere. What we do by passing this Bill is we get a fair share of 252 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981 that money for Illinois. Now, some people suggest that six months is too short a period of time. I would indicate to those people that some 42 states already have a six month period of time for or a shorter period of time. As a matter of fact, 33 states have no redemption period whatsoever. I don't think that the majority of those states that have a shorter period of time than we do, do so because they want to hurt people. I think they do it because they recognize the facts of economic life and because they want a share of the pie. That is what this Bill attempts to do. It attempts to bring a share of the pie to Illinois, and I would move for adoption of the Bill."
"The Gentleman moves for concurrence in Senate Amendments #1 and 2. Those in favor vote 'aye', those opposed vote 'no'. The voting is open. Have all voted who wish? Representative Younge to explain her vote. Timer's on."
"We ought to be voting 'no' on this, because we certainly would not want to cut down by three months the time that a person has to redeem their property...their real estate after it has been sold in foreclosure. We are in a period of very inflationary money market, and people on fixed incomes and the general public is having a very hard time financially. And we certainly would not want to right now be shortening the foreclosure...the period that a person has that they can redeem their house. This would be very bad public policy at this time, and I think that the people have a right to have the General Assembly stick by them in this very bad financial period."
"Representative Huff to explain his vote. Timer's on, Sir." aff: "Thank you, Mr. Speaker. I am voting 'no' also because it 253 ith Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 is not too clear to me what Representative Vinson is trying to do. It seems to me that an old woman, an old lady could conceivably lose a house for the mispayment of a television set. And then, of course, he talks about the secondary market which brings to mind in Chicago, HUD, HUD has already forecl....they are already doing this. They foreclosed on 20,000 units of housing in Chicago. And for the most part, many of those houses just stay boarded up and unoccupied. I don't understand this, and I think that this doesn't make sense to me, Mr. Speaker. So therefore, I am voting "no"."
"Have all voted who wish? Have all voted who wish? Take the record. On this question there are 117 'aye', 39 'no', 10 'present'. The House concurring with Senate Amendments #1 and 2, House Bill 455 is hereby declared passed. House Bill 525, Representative Peters. Read the Bill, Mr. Clerk."
"House Bill 525, a Bill for an Act to amend the Child Care Act together with Senate Amendments #1, 2, and 4."
"Representative Peters."
"Mr. Speaker, Ladies and Gentlemen of the House, I would move to concur with Senate Amendments #1, 2, and 4 to House Bill 525. This legislation has passed here before, and it is nearly identical to the legislation that was introduced in the Senate by Senator Bloom. The difference between the two is an Amendment which was added to the Senate legislation, passed here, and was added by Representative Bowman. I have absolutely no objection of any kind to that legislation. It is a...to that Amendment. It is, in a sense, Mr. Speaker and Ladies and Gentlemen of the House, a matter of pride in terms of having offered this Bill here in the House for passage and having worked through trying 254 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 to make some reforms of the Child Care Act. So I would ask the Senate to...or the House to concur in those Senate Amendments, and would indicate to those Members of the House who are, in fact, concerned about the concerns expressed by Representative Bowman in that fourth Amendment that I would do my utmost to ensure that the Governor ends up signing should he agree with both concepts in these Bills, and I think he will, that he ends up signing both Bills so that the Amendment offered by Representative Bowman, in fact, would be part of law. With that, Hr. Speaker and Ladies and Gentlemen of the House, I move concurrence with Senate Amendments #1, 2, and 4 to House Bill 525."
"Representative Bowman."
"Thank you, Mr. Speaker. Will the Gentleman yield for a question?" eters: "Yes, Sir." owman: "Yeah, I just wanted to get this on the record so everything is out in the open." eters: "Representative, that is why I presented it the way I did to ensure that it was in the record, but go ahead." owman: "Fine and dandy. Now, am I to understand that the only difference between your legislation as it is here on this Calendar and 224 which has now passed the Senate on concurrence, are the Amendments which I offered here on the House floor? Is that correct?" eters: "Just the one Amendment, Representative. The others, I understand, were incorporated. Just what you offered in Amendment #4." owman: "That's right. Just Amendment #4. Okay, now am I also to understand that there is no conflict between that Amendment and 224 so that if both Bills are signed into law, that Amendment #4 then would automatically become law, 255 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day Peters: too." "That is exactly correct." June 29, 1981
"Okay, and you did indicate that you would urge the Governor to sign both pieces of legislation?"
"Yes, Sir. Yes, Sir. Again, I repeat, yes, Sir." owman: "Thank you very much." peaker Daniels: "He says yes. The Gentleman moves for the concurrence of Senate Amendments #1, 2, and 4. Those in vote 'aye', those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Hr. Clerk. There are 163 'aye', no 'nay', none voting present'. The House concurring with Senate Amendments #1, 2, and 4, House Bill 525 is hereby...hereby declared passed. House Bill 654, Representative Alstat. Read the Bill, Mr. Clerk." lerk O'Brien: "House Bill 654, a Bill for an Act to amend the School Code together with Senate Amendment #2." peaker Daniels: "Representative Alstat."
"Mr. Speaker, I move to nonconcur on Senate Amendment #2 on Bill... House Bill 664."
"The Gentleman moves to nonconcur. All those in favor say 'aye'... Representative Schneider."
"Just on the content, Wayne, and I won't oppose it, I am just curious about what you're going to nonconcur on. What did they do to you?"
"Basically changed the Bill." chneider: "From what to what? Is this the one with the classification for teachers' salaries and that stuff?" lstat: "Yes." chneider: "Okay, then what did they put in it?" lstat: "They deleted everything after the enacting clause and changed...put on there about when the teachers terminated that they had to make a record of this were to the 256 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day State Board of Education."
June 29, 1981 "That'll teach you for carrying that camera around. You know, you embarrass a lot of Members and they get you. Alright, I'll con...go along with that."
"Now that we have Representative Schneider's permission, all those in favor of the Motion to nonconcur signify by saying 'aye', opposed 'no'. The 'ayes' have it, and the House nonconcurs in the Senate Amendment #2. House Bill 441, Representative McGrew. Read the Bill, Mr. Clerk."
"House Bill 441, a Bill for an Act to amend the School Code together with Senate Amendment #1."
"Representative McGrew."
"Thank you, Mr. Speaker. As passed out of the House of Representatives, House Bill 441 provided for the State Board of Education to promulgate guidelines for school districts that wanted to require tuition to attend the schools for the students whose parents do not live in the school district. Senate Amendment #1 was a clarifying Amendment as a result of the Committee hearings there. We deleted the proportion saying that all federal property and substituted language saying a military or naval establishment which...who are not domiciled residents of the State of Illinois, and further clarifies tuition by saying an educational fee which is that proportion of the prior year's per capita tuition charges less the general state aid. And I move for its adoption."
"The Gentleman has moved for the concurrence in Senate Amendment #1. Is there any discussion? Representative Schneider."
"I think at one time I was a Cosponsor of the Amendment when it went on in the House and found much to my despair and disillusionment that I had probably made a 257 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 mistake. As I look at the Amendment, it doesn't improve my first mistake. I don't think it is the kind of Bill that we ought to be supporting. Let me do a little bit of explanation as to why. We have gotten into a state of mind which I think is a fair state of mind to assess what is coming to us from the federal government, especially with a new president. The context of education has changed in terms of block grants and impact aid as in this case. I think our net reaction is to say, 'Well, we will scrutinize very closely all of those decisions being made by the new Commissioner of education and how it will affect us in Illinois', and I think that also is the right posture to take. But the impact of what this Amendment does on the information that we have garnered so far on the President's new change in policy seems to me to be penalizing our residents and those kids who live in the State of Illinois. We are asking, in effect, for those kids to be paying tuition just because of the fact that they happen to live in Illinois and happen to be on a military installation. Two days ago the local papers, and I think it was probably a wire story, indicated that the President's program on impact aid has been reassessed at least in terms of dollar amounts. That is to say whatever that original amount was will now be doubled. And it is my feeling that the President's program will be sufficient to cover any costs that will deal with those kinds of children on those kinds of installations. I think it is a bad idea to start charging for public schools and public kids, and I would ask the Members to oppose Amendment #1...rather the concurrence Motion on Amendment #1 from the Senate on House Bill 441." peaker Daniels: "Representative McGrew to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the 258 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day House. June 29, 1981 Contrary to what the Gentleman indicated, this is for the students of the State of Illinois in that all...the only people that can be charged are non-domiciled residents. And so it would be only those that are living on the military base to get them to pay their fair share. We're just asking the Illinois Office of Education to set up the guidelines, and I would ask for an 'aye' vote." peaker Daniels: "The Gentleman moves for the concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 132 'yes', 18 'no', none voting 'present'. The House concurring with Senate Amendment #1, House Bill 441 is hereby declared passed. House Bill 349, Representative Jaffe. Read the Bill, Mr. Clerk."
"House Bill 349, a Bill for an Act to provide assistance to victims of violent crimes together with Senate Amendment #1."
"Representative Jaffe." affe: "Yes, Mr. Speaker, as you know, House Bill 349 empowers the courts to impose additional penalties on convicted defendants. What the Senate did is they eliminated the additional fines with regard to speeding tickets. I agree with that Amendment, and I would move to concur in Amendment #1 from the Senate."
"Any discussion? The Gentleman moves for the concurrence in Senate Amendment #1. Those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this question there are 148 'aye', 10 'no', four voting 'present'. The House concurring with Senate Amendment #1, House Bill 349 is 259 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 hereby declared passed. Giglio, did you want to go with House Bill 209? Out of the record. Representative...Reilly, did you want to go with 821? Out of the record. Representative Mautino, 835? Out of the record. House Bill 28, Representative Cullerton. Read the Bill, Mr. Clerk."
"House Bill 28, a Bill for an Act in relation to possession and use of firearms by convicted felons together with Senate Amendment #1."
"Representative Cullerton."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would move to nonconcur with the Senate Amendment. There is nothing wrong with the Senate Amendment, but we...staff pointed out that there was a flaw in the Bill as it went out of the House and it has to be corrected in the Conference Committee. So I would ask to nonconcur with Senate Amendment #1."
"The Gentleman moves to nonconcur. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it, and the House nonconcurs with Senate Amendment #1 to House Bill 28. House Bill 31, Representative Polk. Read the Bill, Mr. Clerk."
"House Bill 31, a Bill for an Act to require the reporting of Reyes syndrome together with Senate Amendment #1."
"Representative Polk." 'olk: "Mr. Speaker, Ladies and Gentlemen, Senate Amendment #1 states that the Department is not mandated to act, to investigate, or follow up any reported incidence of Reyes syndrome, and that was our intent all along. The Senate in their own innimitable way wanted to write it in. It now says that all information that is received in relation to Reyes syndrome will be sent to the Disease Center in 260 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 Atlanta, Georgia, which was our intent all the way, and I concur on Senate Amendment #1."
"Any discussion? Being none, the Gentleman moves for concurrence in Senate Amendment #1. All those in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 160 'ayes', two 'nos', none voting 'present'. The House concurring with Senate Amendment #1, House Bill 31 is hereby delcared passed. House Bill 32, Representative Polk. Read the Bill, Mr. Clerk."
"House Bill 32, a Bill for an Act to amend the Criminal Code together with Senate Amendment #1."
"Representative Polk." olk: "Mr. Speaker, Ladies and Gentlemen, Senate Amendment #2 did the same thing. The Senate, again in their own inimitable way, determined that the one paragraph needed to be reconstructed and they put it in, quote, 'A more logical manner'. I am not one that normally likes to concur with something like that, but it was a logical manner, and I accept Amendment #1."
"Any discussion? Being none...oops, Representative Stearney."
"What Act...what...can you tell us, Sir, what the Amendments do?" olk: "Well, there is one Amendment, and they reconstructed...let me see if I can get the Bill in front of me, Mr. Stearney. Do you have the staff analysis? Okay. The original Bill as you, as I am sure you will recall,..."
"Oh yeah, I understand." olk: "Okay."
"There is two Amendments then?" olk: "No, there is just one." 261 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
"Okay, thank you." peaker Daniels: "Woods...further discussion? Being none, the Gentleman moves the concurrence in Senate Amendment #1. All those in favor signify by voting 'aye', opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Nelson, 'aye'. Representative Conti. Have all voted who wish? Take the record. On this question there are 152 'aye', 17 'no', none voting 'present'. The House concurring with Senate Amendment #1, House Bill 32 is hereby declared passed. House Bill 46, Representative Wikoff. Read the Bill, Mr. Clerk."
"House Bill 46, a Bill for an Act to amend the Code of Criminal Procedure together with Senate Amendment #1 and 2."
"Representative Wikoff." ikoff: "Thank you, Mr. Speaker. I would move to concur with Senate Amendment. This Amendment basically reduces the number of preemptory juror challenges, and I would move for concurrence."
"Representative McClain." cClain: "Thank you very much, Mr. Speaker. Will the Gentleman yield?" peaker Daniels: "Indicates he will."
"Mr. Wikoff, does this remove or lower the number of preemptory challenges for both plaintiff and the...for the prosecutor and the defense in criminal cases?" ikoff: "Yes." cClain: "And that, like in a criminal case for a prosecutor, how many challenges would be reduced? From what number to what number?" ikoff: "Felony would be from 10 to 6, misdemeanor from 5 to 3, death case 20 to none. No, I'm sorry." 262 5th Legislative Day cClain: "Would you find that to be...for both the prosecution and the defense you're removing those preemptory challenges, you're lowering them?" ikoff: "...Did not hear you. Hy..." :cClain: "For both prosecution and defense, are you lowering them equally from 10 to 6?" ikoff: "Yes." icClain: "Okay, thank you. Mr. Speaker, to the Amendment if I may."
"Proceed, Sir." cClain: "Ladies and Gentlemen of the House, I am not a criminal defense lawyer, in fact, I prefer not to do very much, but what this, in essence, does whether you're defense oriented or prosecution oriented is this would lower the number of preemptory challenges for both the prosecution and the defense. In other words, if you are prosecution oriented, you have to understand that a prosecutor needs a uninemity in that jurors...within that jury in order to get a guilty verdict from the jury. So lowering the challenges from 10 to 6 helps the defense attorney in being able to defend against that kind of prosecution. I think that the preemptory challenge going from 10 to 6 is really anti-prosecutorial and that the Ladies and Gentlemen of this House ought to look at this concurrence very carefully, and I think reject it." peaker Daniels: "Further discussion? The Gentleman, Representative Bower."
"Thank you, Mr. Speaker. Could you have a little order? This...the effect of this Amendment is actually very serious in terms of criminal justice, and I think that the Membership should be aware of what it is they are considering. And Representative McClain was...started in on a line of questioning that was very important. It is 263 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day unfortunate June 29, 1981 with...I have nothing but the greatest respect for the Sponsor of this legislation, and I know the Senate tacked this Amendment on, and being a non-lawyer, you might not fully appreciate exactly what this impact is. By reducing the number of preemptory challenges as Representative McClain indicated, you are greatly impairing the ability of the prosecution to take what it considers bad jurors off the jury. And if you're for law and order in the tough prosecution of criminals, this is one of the few tools that a prosecutor has to possibly get a jury that can bring forth a conviction which has to be unanimous. Now, as I understand it, Representative Wikoff, in this Amendment that the number of preemptory challenges is reduced except in cases in which the death penalty is sought. Is that correct?" peaker Daniels: "Representative Wikoff." ower: "You're shaking your head yes." ikoff: "My light wasn't on. But yes, that is right." ower: "There is one crucial flaw in the way the Amendment is drafted, and that is this. As I understand the criminal law, the death penalty is not sought until the conclusion of the trial. After there would...after the case had been presented. Therefore, how is a judge going to know whether or not the state is going to seek the death penalty? And to answer your question, he doesn't. And I think that that could be absolutely critical. It is a bad Amendment, and I would urge a 'no' vote on the Motion to concur." peaker Daniels: "Ladies and Gentlemen, if I may have your attention. The House...the Select Committee on Reapportionment, at the request of the Minority Leader, Representative Madigan, the meeting has been delayed from 7 o'clock until 8 o'clock. That is Representative Madigan's request in room 114. Delayed from 7 o'clock 264 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 until 8 o'clock at Madigan and McClain's request. Further discussion? Representative Getty."
"Mr. Speaker, Members of the House, Representatives McClain and Bower are absolutely right. This is, indeed, an anti-criminal justice measure if you would adopt this. There is no way in the world that the court can rule whether 20 preemptories are in order or not because it won't know whether or not the death penalty is going to be sought. Not only that, it just doesn't make good sense. The system that we have now, the number of challenges has worked well, and I think that if you remove from the power of the state to make this many preemptory challenges, it will be harmful to criminal justice. I would seriously advise, for the reasons articulated by both Representatives Bower and McClain, that we not concur, and I'd recommend to the Sponsor for his underlying Bill, that he ask that the Senate recede from this harmful Amendment." peaker Daniels: "Further discussion? The Gentleman... Representative Miller."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would like to join the previous speakers in opposition to this Bill. The Bill would have two effects upon the trials of criminal cases. Number one, it might speed them up slightly, but number two, it would give a serious advantage to the criminal defendant. So the long term effect is that it would help hurry up get the criminal back out on the street. I think that it is probably very well intentioned to try to speed trials up, but it is going to do a very great amount of damage to the discretion and the ability of a prosecutor to try a case. I think that we should not vote for this Bill simply because of the very able Sponsor or because of the very potent political force behind him. But we should reject this Amendment." 265 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981
"Further discussion? Being none, Representative Wikoff to close."
"Thank you, Mr. Speaker. Well, preemptory challenges are well recognized in American law. There is no uniformity of thought on how valuable they are in the context of a given case or how many should be granted. Illinois law now provides each side with 20 preemptories in a capital case, 10 when a felony is at issue, and five on all other single defendant cases. In multiple defendant cases, 12 preemptories are allowed in capital case, six for a felony, and three all...three other cases. By removing Illinois from its extreme current position or...and placing it in the mainstream of other states with the respect to the number of preemptory challenges permitted, we can expedite trials, reduce judicial backlogs, and effect substantial cost savings. Because jury selection should have no bearing on guilt or innocence, expanded opportunity that we provide to Illinois defendants to seek an acquittal for our own jurors. No more than expensive trial delaying technicality. Reduction of the number of preemptory challenges is in order, and I would ask for a favorable vote."
"The Gentleman moves for concurrence in Senate Amendments #1 and 2. Those in favor vote 'aye', those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. In Judge Duff's honor. Representative Wikoff." ikoff: "Seeing the closeness of that vote, I don't think it would do much good to Poll the Absentees, so I would move we nonconcur."
"The Gentleman's Motion to concur in Senate Amendments #1 and 2, there being 20 'aye', 138 'no', and 2 'present', lost. The Gentleman moves to nonconcur in 266 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 Senate Amendments #1 and 2. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it, and the House nonconcurs in Senate Amendments #1 and 2 to House Bill 46. Speaking of nonconcurrence, we will take up Supplemental Calendar #1. On your desks, Supplemental Calendar #1. Starting with the order of nonconcurrence, Senate Bill 137. Representative Bullock. Read the Bill."
"Senate Bill 137, a Bill for an Act to amend the Illinois Banking Act. House Amendment #2."
"Representative Bullock."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move that the House refuse to recede from Amendment #2 and that a Conference Committee be established."
"Representative Leinenweber."
"I think it would be helpful if, perhaps the Members when they place their Motions, very briefly make a one line statement what the Bill is, and what the Amendment is, and why they want us to do what they want us to do."
"Representative Bullock."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 137 amends the Illinois Banking Act, and we placed an Amendment on the Bill which was an Amendment by Representative McBroom, Leon, and myself which was basically a series of house cleaning Amendments requested by the banking commissioner, and these obviously are supported by the major banking associations of the State of Illinois. The Senate has refused to concur in those Amendments, and I had put, for the Body, Mr. Speaker, I think the appropriate Motion in that we recede...no, I don't, I want to non..."
"Representative Leinenweber, nothing further? Representative Bower." 267 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 5th Legislative Day ower: "Will the Sponsor yield?" ullock: "Yes, Sir." ower: "Is your intention or would you refuse any efforts, let's put it that way, to...if this goes to a Conference Committee to have this written into a multi-bank holding company Bill?" ullock: "I didn't understand your question, and I'm sorry, Representative. Could you be more specific?" ower: "Would it be...would you resist all efforts to make this a branch banking and/or multi-bank holding company Bill in Conference Committee?" ullock: "I re...I will commit to you that I will refuse branch banking. I will enthusiastically support holding company legislation." ower: "I can't hear you." ullock: "I will resist branch banking, but I will enthusiastically support holding company legislation as I have done on this floor." ower: "And you would endeavor to put it on this Bill?" ullock: "I would not endeavor to do so. The Bill is now passed, and it is my understanding it is on the Governor's desk. But I refuse to recede from House Amendment #1...#2 which was asked for by the banking commissioner and is endorsed by the major banking institutions of the State of Illinois. And for that reason, I refuse to recede from House Amendment #2 and would urge that a Conference Committee be established."
"Representative Schuneman." chuneman: "Representative, along that same line of questioning. I understand that there are efforts afoot to extend the Banking Act in Illinois to include additional remote facilities, and that those efforts might show up somewhere along the line of Conference Committee reports. Would you 268 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day June 29, 1981 resist the effort to use this Bill as the vehicle to provide additional remote facilities for banks?" tullock: "Well, Representative Schuneman, I am sure you are sincere in your questioning, and I am equally as sincere in my answer to it. I am only one Member, hopefully, of the Conference Committee. I am not in the leadership position, and I do not represent constituents beyond those that elect me. And for those reasons I could not commit to you at this point that my influence would be substantial with the other Members of the Conference Committee." ichuneman: "I think you misunderstood my question, Representative. I asked if you would resist." tullock: "Well, I have not seen the legislation that you delineated. I would certainly, to the best of my ability, vote my conscience on whatever is brought before the Conference Committee." ichuneman: "Well, didn't you understand my question, Representative? I asked you if you would resist."
"If I would resist. I think I understood your question, Representative, and I don't want to prolong the debate. I would commit to you that I would make every effort to repre..." ichuneman: "Mr. Speaker, if I'd like... if I could, Mr. Speaker."
"Alright. Could the Gentleman please have your attention? Representative Schuneman."
"One of my concerns at this particular point in this Session is that we will be seeing, soon, efforts to extend, once again, the banking industry in adding remote facilities, extending the multi-bank holding compnay concept in any way trying to extend banking facilities here in Illinois, and I suspect that that may be what's going on in this Bill, and that if we allow this thing to go to Conference Committee that that's what we're going to see 269 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 when it comes back. And apparently the Sponsor is not willing to give assurances that he will resist such attempts, so I think we should bear that in mind when we vote on his Motion."
"Further discussion? The Gentleman, Representative Brummer."
"Yes, an inquiry of the Chair. On Motions to not recede, have we not routinely refused to recede without engaging in a great deal of debate? We're going to have many of these before we gavel this Session to a close, and I think we could expedite matters if the Sponsor simply makes Motions to refuse to recede that we don't need any record Roll Call. We simply go along with that and appoint the Conference Committee and go on to other matters. We're going to have many of these."
"Your point is well taken, Representative Brummer, but unfortunately we cannot arbitrarily tell Members not to speak when they want to. Therefore, we will do our best to meet that, and maybe the Members can pay attention to what you just said, Sir. Thank you for pointing that out. Further discussion? The Gentleman...well, the Lady, Representative Pullen from Cook."
"Mr. Speaker, Ladies and Gentlemen of the House, in view of the eloquent answer, I suppose you could call it, that the Sponsor gave to the Gentleman from Whiteside, I think that it would be in order to have a record Roll Call on this Motion even though that is not routine, and I would so request."
"Representative Henry."
"I yield to Representative McBroom."
"Representative McBroom."
"Mr...Mr. Speaker and Members of the House, I heard part 270 75th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 of the dialogue on this measure between Representative Bullock and Representative Schuneman, and Representative Schuneman, I am directing some comments to you, Sir, and Representative Pullen. I heard part of it. For whatever it might mean to you, Sir, I will be one of the Members of that Conference Committee. Commissioner Harris has been working with me and Representative Bullock to try to achieve some things that he deems appropriate and necessary for his office. If there is an effort to do anything that is of concern to you, I will be the first person to notify you."
"Representative Schuneman, that answer your question, Sir?"
"Yes, Mr. Speaker, I'm to be the first to know. Thank you. And I appreciate that from Representative McBroom and..."
"You still request a Roll Call?"
"Request a Roll Call?"
"Roll Call."
"No, Sir. Go with whatever the Motion is."
"Alright. Alright, Representative Pullen, you still desire a Roll Call, Ma'am? Alright, Representative Bullock to close."
"Thank you, Mr. Speaker. I would like to thank my colleague, the chairman of the Financial Institution Committee, Representative McBroom. He is exactly correct. We have worked with the Commissioner of banks who has requested this Amendment, and I am sure that he would request other Amendments. And as a result, I renew my Motion not to recede from House Amendment #2 on Senate Bill 137 and would respectfully urge an 'aye' vote on that Motion."
"The Gentleman moves that the House refuse to 271 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 recede from House Amendment #2 and that a Conference Committee be appointed. All those in favor will vote 'aye', opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On the Gentleman's Motion there are 132 'aye', 13 'no', and four 'present'. The Gentleman's Motion that the House refuse to recede from House Amendment #2 is hereby carried, and a Conference Committee shall be appointed. Senate Bill 171, Representative Hannig. Read the Bill, Mr. Clerk."
"Senate Bill 171, a Bill for an Act to amend the Environmental Protect Act with House Amendment #1."
"Representative Hannig."
"Yes, thank you, Mr. Speaker and Members of the House. I would move that the House recede from House Amendment #1 to Senate Bill 171. Senate Bill 171 as passed in the House would provide that for the bearing of hazardous waste that the burden of proof basically be upon the EPA. This differs from the Senate Bill which originally passed from the Senate which would provide that the burden of proof be upon the disposer of the waste, the manufacturer of the waste, and at the request of my Senator, I would move that the House recede from House Amendment #1 to Senate Bill 171."
"The Gentleman moves that the House recede. Any discussion on that point? The Gentleman from Peoria, Representative Schraeder."
"Yes, Mr. Speaker, I want everybody to notice what this actually does by accepting this Motion. It will force anybody that has waste to provide scientific evidence that it cannot be disposed of in any other way. In the House Energy and Environment Committee, the Committee unanimously agreed that that was the wrong approach. The approach ought to be that the Illinois EPA ought to prove 272 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 scient...that it could not be done scientifically and put the burden on the state rather than on industry. So if you want to protect industry's right to go ahead with these processes that they now have and which occur and cause waste, then I suppose you ought to agree with the Sponsor of this Motion. But if you want to protect the industry in the State of Illinois, then you should vote "no" on this Amendment and put it back in the form in which the Environment and Energy Committee insisted in order for it to pass out of the House on the first trip through. I would ask for a 'no' vote."
"Further discussion? Representative Vinson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would just echo Representative Schraeder's remarks. The danger is that what we're doing if we...we should not recede on this Amendment, because if we recede, what we're doing is we're, in effect, placing the burden on industry to prove that waste can't be landfilled. That is an enormous burden to place on industry. I believe it is a burden that is not placed on industry in most other states, and what we are, in effect, doing is closing down Illinois to industry. I would urge a negative vote on this."
"Representative Ted Meyer."
"Thank you, Mr. Speaker. I would just join with Representative Schraeder. This Bill, even as it's amended, it only got out of the Committee by one...one vote. This is definitely a bad Bill that should be defeated. And we should go on to Conference Committee and nonconcur on this."
"Representative Bowman."
"Thank you, Mr. Speaker. Well, I..."
"Could the Gentleman please have your attention? Ladies and Gentlemen of the House, may he please have your 273 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 attention? All those not entitled to the floor will please retire to the rear of the House. Members please be in their seats. Representative Bowman."
"Thank you, Mr. Speaker. I rise in support of the Gentleman's Motion to recede from House Amendment #1. The previous speakers, it seems to me, have missed the point of this Amendment. The previous speakers have tried to cast the vote on this Amendment as a vote on industrial protection. Well, Mr. Speaker and Ladies and Gentlemen of the House, we're talking about environmental protection. We're talking about community protection. Do not forget the residents of Wilsonville who live in the Representative Hannig's district and Senator DeMuzio's district. These people had a hazardous waste dump in their community right in the center of their town, and industry was dumping the most hazardous of wastes right in the center of their community, the heart of their community. It seems to me that we should have had legislation like this on the books a number of years ago. And if we had, we would not have had the Wilsonville catastrophe. Those people carried their case all the way up to the Supreme Court, and they won. Mr. Speaker, we're trying to protect our communities, and the way that we can protect our communities best is to try and make sure that before industry dumps waste in our communities, that they demonstrate that there is no other way to take care of that waste. Why should we open our communities to waste disposal where there are alternatives? The answer, of course, is we should not open our communities where there are alternatives, and if we vote 'yes' on this Amendment, excuse me, on this Motion to recede, we will make sure that the only waste that is disposed of is that waste which cannot be taken care of through some other means, some chemical means perhaps, to 274 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 75th Legislative Day detoxify it, or incineration, or some other means other than burying it in the ground in the heart of our districts. So I urge you, Mr. Speaker, if you are listening to the Members...or the constituents in your district who do not want this hazardous waste dumped upon them, if you do not want to have hazardous waste dumped in your landfills and in your rivers, then you want to vote 'yes' on this Amendment...on this Motion to recede."
"May we please have your attention? Representative Findley."
"Thank you, Mr. Speaker, Members of the House. In the House Energy and Environment Committee, we debated this most fully and in a bipartisan vote of 11 to one, and I think perhaps even Representative Hannig supported in the House this Amendment. We adopted this. Now, Mr. Bowman, his point is well taken. But the fact is that Illinois industry will go to a state where they candeposit waste. In no way are we by refusing to withdraw from this Amendment, saying that we're going to have proliferation of the deposit of this waste. We're not relaxing any controls whatsoever in the Environmental Protection Act. We're merely saying that it should be the responsibility of the Illinois Environmental Protection Agency to make these determinations. It should not be the burden of business. It would be a great mistake if we recede from this Amendment."
"Further discussion? The Gentleman from DuPage, Represntative Schneider."
"Thank you. we continue to run that old business saw by us that if we don't do this, business is going to leave town, unemployment rates will go up. But in the meantime, you better start making some decisions. We can't find a business community in place on anything that relates to the 275 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 health of our citizens when it comes to this question. We've been talking about solid waste disposal. We've been talking about low level hazardous waste, high level hazardous waste. The government has had to intervene time and time again over the last ten and twenty years wherever possible because there is no conscience in the business community. They can argue that it is bad for business, and I think they're wrong. I think Illinois has had a good environmental record over the last few years. It has been diminished somewhat, but since Governor Ogilvie's courageous effort to establish the EPA, we have made substantial progress. Now we keep eating away at what was once an outstanding proposal and statutory language in the State of Illinois. If you are concerned, as Representative Bowman said, about the health and the welfare of your local communities, if you are concerned about the proper analysis, about what is going to be dumped into the soil, if you are concerned about potential accidents that could become hazardous waste in your communities, I think you ought to support Representative Hannig's Motion to recede. This is one of the few advances that we can ever make, it appears, in this Session, to help improve the circumstances of the environment, but more importantly, to protect the health and the welfare of our citizens against toxic waste no matter what level it is. To vote for the Motion to recede is a good, strong, solid vote. I would encourage you to support the Sponsor."
"Representative Yourell."
"Thank you, Mr...I move the previous question."
"The question is 'Shall the main question be put?' All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. Representative Hannig to close." 276 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
June 29, 1981 "Yes, thank you, Mr. Speaker and Members of the House. I would conclude by saying that...I would conclude by saying that this vote passed the Senate overwhelmingly receiving 54 votes. I think that it is a fair Bill. It only requires that if industry generates hazardous waste, that they dispose of that waste in an economical and feasible way. And a way that would also not hurt the environment. I happen to be from a district where we do have a dangerous hazardous waste, which by the way, the courts have ruled must be closed, and I certainly would not feel that it would be appropriate that we would have hazardous wastes put in other districts and have to go through that trouble. Let me conclude by saying that there are those who are opposed to this Bill simply because they want it to go to Conference Committee, simply because they want itto be loaded up with Amendments after Amendments after Amendments that couldn't get out here on the floor. Now, I may be a Democrat, but I am inclined to let this Bill go to the Governor and let him take a look at it and either sign it or veto it. We can vote here today and at least we know what we're voting on. But we may not know what we're voting on if this Bill comes back out of a Conference Committee. I would urge an 'aye' vote."
"Okay, Ladies and Gentlemen of the House, for the new Members, this is a Motion to recede from House Amendment #1. This is final action on the Bill. It takes 89 votes to pass. All those in favor signify by saying...voting 'aye', opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the Gentleman's Motion there are 66 'aye', 83 'no', and two 'present'. The Gentleman's Motion to recede from Amendment #1 fails. Representative Hannig." 277 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day lannig: "Mr. Speaker, ¡peaker Daniels: "You June 29, 1981 could I take the Bill out of the record?" may do so, Sir. Representative Hannig, if you'd hold on a second. Okay, Representative Hannig. We're going to temporarily take Senate Bill 171 out of the record, and then we'll get back to you, Sir, and advise you of where your Bill is at. We know that you can't make the same Motion again today. Representative Hannig." (annig: "Yes, this would be a Motion, so I would assume that even if I could not make this Motion today, the Bill would still be in my control. I either could make this Motion at a later time tomorrow or make a substitute Motion today or tomorrow. Is that not correct?" :peaker Daniels: "We think that is correct, but we'll get back to. you, Sir."
"Thank you, Mr. Speaker."
"Alright. Senate Bill 257, Representative Oblinger. Read the Bill." lerk O'Brien: "Senate Bill 257, a Bill for an Act to provide exemptions from certain use and occupation taxes for ethel alcohol distribution, machinery and equipment together with House Amendment #1." peaker Daniels: "Representative Oblinger." blinger: "Mr. Speaker and Members of the General Assembly, the reason I do not want to concur, the Amendment #1 that we put on in the House had the definition for rolling stock. And it seems that we can't get together with the Department of Revenue as to the proper definition. So we would like to have time to work this out." ¡peaker Daniels: "What was your Motion, Ma'am?" blinger: "I guess taking it out of the record." :peaker Daniels: "Out of the record? Out of the record. On the Order of Concurrence page four of your Calendar, House Bill 536. Read the Bill, Hr. Clerk." 278 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE '5th Legislative Day lerk O'Brien: June 29, 1981 for "House Bill 536, a Bill for an Act to provide the ordinary and contingent expense of the Office of Governor together with Senate Amendment #1 and 2." peaker Daniels: "Representative Wolf." 'olf: "Once again, Mr. Speaker and Ladies and Gentlemen of the House, the two Amendments add $238,200 to the Governor's budget. I now move you, Mr. Speaker and Members of the House, that the House do concur with Senate Amendments #1 and 2 to House Bill 536," peaker Daniels: "Any discussion? Being none... Representative Schneider, your light is on, Sir. Being none, the Gentleman moves that the House concur in Senate Amendments #1 and 2. 147 All those in favor signify by voting 'aye', opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. Collins 'aye'. On this question there a re 'aye', nine 'no', four voting 'present'. The House concurring with Senate Amendments #1 2, House Bill 536 is hereby declared passed. House Bill 591. Read the Bill, Mr. Clerk. Third Reading page one of your Bill...page two of your Calendar. Senate Bill 381. Read and Calendar. Senate the Bill, Mr. Clerk." lerk O'Brien: "Senate Bill 281, a Bill for an Act making...Senate Bill 381, a Bill for an Act making appropriations for the Metropolitan Fair and Exhibition Authority reconstruction fund and to the Metropolitan Fair and Exhibition Authority, Third Reading of the Bill." ¡peaker Daniels: "Representative Leon."
"Mr. Speaker and Ladies and Gentlemen of the House, this is an appropriation to the Metropolitan Fair, McCormick Place in Cook County. There is no general revenue funds. There were two Amendments put on, one by Representative 279 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 Matijevich for a small amount for the Intergovernmental Commission, and the other by Mrs. Pawell. I'd appreciate a favorable vote." peaker Daniels: "Any discussion? Being none, the question is 'Shall Senate Bill 381 pass?' All those in favor signify by voting'aye', opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this Bill there are 128 'ayes', 26 'nos', none voting 'present'. Alstat, 'no'. 128 'ayes', alright. Alstat, 'no'. Ebbesen, 'no'. 128 'ayes', 28 'nos', none voting 'present'. This Bill having received a Constitutional Majority, Senate Bill 381 is hereby declared passed. Senate Bill 517, Representative McAuliffe. Read the Bill, Mr. Clerk."
"Senate Bill 517, a Bill for an Act making appropriations to the Court of Claims for certain awa awards against the State of Illinois in conformity with the awards made by the Court of Claims, Third Reading of the Bill."
"Representative McAuliffe."
"ИЕ. Speaker, Ladies and Gentlemen of the House, Senate Bill 517 makes the appropriation for the Court of Claims in the total of $1,529,989. I move for its approval." to the
But I would like to point out to Speaker Daniels: "Any discussion? Representative Friedrich." riedrich: "Hr. Speaker, Hembers of the House, I am going to be voting for this appropriation because the money allowed by the Court of Claims is due individuals that are indicated on this list. you again that this is a long list of sloppy business by some of the Departments of this state. A lot of these things are on there, and I hope you looked at the Amendment... will indicate to you that, number one, it is being used to pay bills that were not put in during the 280 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 lapse period. It is being used to spend money outside of the appropriation, and I can tell you we're going to be making a real effort in the next few months to tighten up the procedure of spending and the procedure of travel and other things which are being covered by this Bill. I don't...there is no reflection on the Court of Claims. There is no reflection on the Sponsor, but it certainly is a reflection on the Departments who have these items in here."
"Further discussion? The Gentleman, Representative McAuliffe, to close."
"Hove for its favorable consideration."
"The question is 'Shall Senate Bill 517 pass?' All those in favor signify by voting 'aye', opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. Giorgi 'aye'. Stuffle, 'aye'. Karpiel, 'no'. Meyer, 'no'. On this Bill there are 145 'aye',...Roland Meyer. 11 'no', one 'present'. Senate Bill 517 having received the Constitutional Majority is hereby declared passed. Senate Bill 670, Representative J.J. Wolf. Read the Bill."
"Senate Bill 670, a Bill for an Act making appropriations for the furnishing of legislative staff, secretarial, clerical, research, technical, telephone and other utility services, office equipment and office rental costs, Members of the General Assembly, Third Reading of the Bill."
"Representative J.J. Wolf."
"Thank you, Mr. Speaker, Members of the House. Senate Bill 670 is the appropriation from the general revenue fund for the legislative offices. I would move the passage of this Bill." 281 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day
"Representative Yourell." ourell: "Would the Gentleman yield for a question?"
"He indicates he will." June 29, 1981
"Representative Wolf, it has been rumored, and I have been hearing it for the past week or ten days that there has been a significant reduction in secretarial and clerical help for the...for the House. Can you tell us if there is any fact or basis to that rumor?" olf: "This Bill pertains only to your district office allowance, and that is all it does."
"It has nothing to do with what we get down here as far as secretarial help?" olf: "No, Sir." ourell: "Thank you." peaker Daniels: "Further discussion? Representative Matijevich." atijevich: "Ladies and Gentlemen, Mr. Speaker, Ladies and Gentlemen of the House, this is a Bill for the district allowances...for our district offices. As we all know, my vote is just going to be my own personal vote. I really don't care how anybody votes on this Bill, but my vote is one. I am going to vote against it because I really think when we talk about inflation, inflation affects everybody. And we've been held to a limit on district offices, and I think everybody has been afraid to do what I think they should do, and that is provide some extra funds for district offices. You can't give your secretary in a district office a raise like everybody else gets. Not even the percentage raise like every other public employee gets. Your rent goes up. I know the rent in my district office, we've held it at an amount just because of the good graces of the landlord. And other rents have been increasing. So I think we haven't been reasonable with regards to the 282 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 funds for district offices. Everybody, you know, seems to not want to give in, you might say, because they are afraid that so many people see the publicity. And for some reason, and I don't know why, they think it goes to Legislators which none of it does. And I just feel that we are not being responsible without allowing an extra cent for our district offices." peaker Daniels: "Representative Brummer." cummer: "Yes, will the Sponsor yield?" peaker Daniels: "He indicates he will. Excuse me, Representative Brummer. May the Gentleman please have your attention? Will all the Members not entitled to the floor, all people not entitled to the floor please retire from the floor. Could the Gentleman please have your attention?" cummer: "If we fail to pass this, that will not do anything for the district offices either, will it?" >lf: "Repeat that please." cummer: "If we fail to pass that... I was just listening to the prior speaker's comments about having not increase the amount for the district office. If we fail to pass this, we cannot increase the district office allowance anyway on this Bill, can we?" >lf: "That is absolutely correct. While I have no quarrel with the previous speaker's statements, that we've been at this rate, I imagine, some five years or so, and there has been no increases for your secretarial help or factors for inflation. The question before us at this particular moment is whether you're going to get an office allowance to pay your secretary, telephone or not. If you vote 'yes', you'll continue to get the same amount. If you vote 'no', you'll get nothing."
"Those that vote 'no' get nothing?" >lf: "That is the way it ought to be." 283 ith Legislative Day
"Thank you."
"Further discussion? Representative Peters."
"Now, Mr. Speaker, just to make certain that the Members understand what is in here. And I only rise to speak because a number of people have come up to question on this because of the comments made. What is in 670 is the appropriation for your legislative office, $17,000 per fiscal year. It does not increase it. It does not decrease it. It is exactly what we are getting at this point."
"Further discussion? Representative Chapman." napman: "Mr. Speaker and Hembers of the House, I am one of those Legislators who voted 'yes' on a payraise in 1964, and I have voted 'yes' on every legislative payraise since then. I certainly hope that this year I would be able to vote 'yes' on a payraise for the person who works for me and for the constituents of the Third Legislative District in the northwest suburbs." peaker Daniels: "Excuse me. Excuse me, Representative Chapman. One second please. Representative Peters, what purpose do you rise, Sir?" eters: "Representative... If I might, Mr. Speaker, with your leave, and Representative Chapman, our Members are being confused by the problem that may exist with the other Bill in terms of reimbursement for secretaries. This Bill is strictly $17,000 for the office, period. End of report. It makes no changes, no additions, no minuses, no nothing. That is all that is in this one." peaker Daniels: "Representative Chapman."
"Mr. Peters, thank you for that point. That was the point I was trying to make. This is $17,000 for all of our district office expenses. So you may have an administrative assistant or a secretary working in your 284 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE /5th Legislative Day June 29, 1981 home office who does an excellent job for you working five days a week. You have not been able to give that person an increase for four years now. I think it is shameful that these people who serve our constituents so well are not given the same kind of increase that you and I have given ourselves and that we have provided for other state employees. Not only can we not give them an increase, but because of increased rents that some of us are having to pay, increased costs for postage, we are almost in the position of having to decrease their salaries. When this Bill left the House, it included an increase for our district office allowances which would have permitted us to increase the salaries of our staff in our home districts. I think the only way that we're going to be able to straighten this problem out is by putting red lights on this Bill so that we can put it on postponed or in one way or another on some Conference Committee can respond to this problem. Please vote 'no'." peaker Daniels: "Representative Yourell."
"Yes, thank you. I would like to speak to the Bill. I don't think the last speaker knew what she was talking about. This does not prevent anybody...this does not prevent any Legislator from giving a raise to the representative who mans the district office. All you have to do if you want to give them a raise is cut out the extra newsletter, cut out your other expenses, but you can give the whole $17,000 if you want to your secretary or your administrative assistant. This does not prevent you from giving a raise. It just says you have to spend your $17 in the way that you want to spend it. And if you want to spend it for your legislative aide or your secretary, you have that right to do that. So don't be confused by this rhetoric. This is $17,000 bucks. You better take it, 285 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 because if you don't vote on this, you're not going to get anything."
"Representative Giorgi."
"Mr. Speaker, I've got an office in Rockford, probably one of the busiest offices in the State of Illinois, and I only pay $135 a month rent, and I've been there about 10 years. The landlord has been subsidizing me. I only pay about $180 telephone. I only pay $30 a month for utilities. My secretary makes $12,000 a year. What you're going to force me to do is close that office up. I am only telling you...I am only telling you that because I will close the office up, and I am warning you ahead of time so that the newspaper can't get on my back that I closed the office up. They are going to have to look for me and a couple of my...if that is what you want, that is what we'll do for them. So I am serving...I am serving a fair warning to the Rockford Ganette Newspaper, that I may have to close my office up."
"Representatives Jim Kelley and Hallock in response. Okay, Representative McAuliffe."
"Mr. Speaker, I move the previous question."
"The question is 'Shall the main question be put?' All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. Representative J.J. Wolf to close."
"Thank you, Mr. Speaker. I am afraid all of the discussion may have confused the issue. All this is is what we've had for probably the last four or five years. The same amount, unfortunately, it was not increased. I did vote the increase. We're talking about $17,000 for every Legislator to run your district office, pay secretarial help, postage, stationary, whatever it is. You want to spend the money for something else, take your telephone out, don't answer 286 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 your mail, whatever you want to do, that is up to you. This is $17,000 the way it has always been. If you don't vote for this you get zip."
"All those in favor of the passage of Senate Bill 670 vote by saying 'aye'...voting 'aye', those opposed by voting 'no'. The voting is open. Representative Friedrich."
"Mr. Speaker, there is only a few who remembered, I guess, but it has only been a few years until the Legislators got $50 every two years for postage, no per diem and all those things. I'll tell you how sweet it is to have $17,000. I never dreamed I'd have it. I pay my own office rent yet. I think some of you can, too."
"Have all voted who wish? Have all voted who wish? Take the record. On this Bill there are 145 'ayes', 23 'nos', two 'present', and Senate Bill 670 having received the Constitutional Majority is hereby declared passed. Senate Bill 956, Representative Smith. Read the Bill, Mr. Clerk." lerk O'Brien: "Senate Bill 956, a Bill for an Act making appropriations to the Capital Development Board to the Department of Conservation. Third Reading of the Bill."
"Representative Smith." v Smith: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This appropriation is to purchase the building built by Frank Lloyd Wright. The structure is in Springfield on Fourth and Lawrence. I think several of you took the tour of the building a couple of weeks ago. The structure is important to our state and nation. It was designed by world famous architect, Frank Lloyd Wright. It embodies many innovations and is considered by some as ranking with the 'Robie House' in Chicago which is widely recognized as a national landmark. I ask your favorable 287 ith Legislative Day vote for this Bill." June 29, 1981
"Any discussion? Being none, the question is, 'Shall Senate Bill 956 pass?'. All those in favor signify by voting 'aye', opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. Representative Bowman." owman: "Does this take 107?" peaker Daniels: "No."
"It's just an outright appropriation. There's no bonding in it?" peaker Daniels: "Correct." wman: "Okay, 102 is good enough."
"Representative Breslin?" ceslin: "Have you recorded the vote? Do I still have time to change my vote?" peaker Daniels: "You have time to get on, yes. Would you like to be recorded as 'aye'?" teslin: "Yes. I would like to be recorded as 'aye'. Thank you." peaker Daniels: "'Aye'?"
"Yes, please."
"Breslin, 'aye'. Giorgi, 'aye'. Any further additions? Mautino...No questions. Yes or no? Representative Mautino?"
"My analysis says it's a bonded indebtedness. And you're saying a bonded indebtedness does not take 107 votes?"
"Just a second now. Representative Peters? Capparelli, 'aye'. Any other? Tate, 'no'. Griffin... Johnson, 'aye'. You getting this, Clerk? Johnson, 'aye'. Margaret Smith, 'aye'. Bradley, 'aye'. Stuffle, 'aye'. McPike 'no'. Okay. 109 'ayes', 46 'nos'. 288 ith Legislative Day June 29, 1981 This Bill, having received the Constitutional Majority, is hereby declared passed. Parliamentarian stated that the Bill as phrased does not take 107, but regardless we have 109. Representative Mautino, in answer to your question, Sir. Thank you for raising the point. All right. Senate Bill...er..let's see. Senate Bill 1157. Read the Bill, Mr. Clerk."
"Senate Bill 1157, a Bill for an Act making appropriations to the Illinois Performing Arts and Film Commission. Third Reading of the Bill."
"Representative Matijevich."
"Mr. Speaker, Ladies and Gentlemen of the House, Senate Bill 1157 provides $30,000 for the Agent Orange Victims Commission, $30,000 for the Illinois National Guard Study Commission, $30,000 for the statewide Nursing Education Commission, $70,000 for a Special Review Committee created by an Act to award income tax credit to business which contributes money or resources to community groups, a Bill sponsored by Art Telcser. And a Floor Amendment, $890,000 for road repair of Ridge Avenue. I move for the passage of Senate Bill 1157."
"Any discussion? Being none, the question is, 'Shall Senate Bill 1157 pass?'. All those in favor signify by voting 'aye', opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. Take the record. On this Bill there are 97 'aye', 52 'no' and 3 voting 'present'. Senate Bill 1157, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1228, Representative Keane. Read the Bill, Mr. Clerk."
"Senate Bill 1228, a Bill for an Act making appropriations for the development and implementation of a 289 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 financial reporting system which is in accordance with generally accepted accounting principles. Third Reading of the Bill."
"Representative Keane." eane: "Thank you, Mr. Speaker. The Bill does just exactly as was read. It appropriates 2.3 million dollars for the development of generally accepted accounting principles program. The conversion has been endorsed by the Comptroller, the Auditor General, the Bureau of the Budget and the Legislative Audit Commission. The Bill also appropriates $65,000 for the expense of the local accounting task force. I would ask for a favorable vote on this Bill." peaker Daniels: "Any discussion? The Gentleman...Representative Miller."
"Thank you, Mr. Speaker. I have a question for the Sponsor."
"Indicates he'll yield." iller: "Representative Keane, who would be subject to these principles which are going to be financed through this appropriation, local government?" eane: "No. This will be anyone that deals with State Government. What we're basically doing is that in the past, it's the governmental accounting systems ...would choose a modified accrual basis rather than cash. And it's currently utilized by the State of Illinois. One of the problems that other states have found is that if they don't have a program that's set up in a generally accepted...with the generally accepted accounting principles, that an outfit such as 'Standard and Pore' indicate that they may penalize the bond ratings of states and local governments which fail to make financial statements conform with these principles. For instance...one instance of this was in 290 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day reference to..." June 29, 1981 iller: "Excuse me, Representative Keane. Could you speak just a little louder? I'm having trouble hearing you, please."
"Yes, Ladies and Gentlemen of the House, may we please have your attention? All those not entitled to the floor will please retire from the floor. Secretary Kramer, you can stay. Solve the problem, Sir. Representative Keane."
"Would the Gentleman repeat his question?"
"Representative Miller." iller: "I just wanted to determine that this was going to be affecting the operation of State Government and not local government and I think that's the answer that you gave me although I couldn't quite hear you at the end." eane: "That is correct except with people who deal with State Government that when they process through the Comptroller's Office, they will utilize this system." iller: "Well, everyone deals with State Government to a certain extent. Does this mean that if they receive income tax revenue sharing from the state that they're going to have to comply? I didn't quite understand." eane: "No, that's a..that's revenue sharing type of thing. If they have to... If they get a grant and they have to account for the operation of that grant, for instance, if the Auditor General goes in and audits their books, he wants to do it on the basis of the generally accepted accounting principles." iller: "Okay. And who will be receiving this money that's being appropriated? Will that be accountants or ..." eane: "No, the funds... the funds go to the Bureau of the Budget, the Comptroller's Office and the Attorney General...er...the Auditor General's Office." iller: "And they will do the work themselves?" 291 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 eane: "Correct. Or contract it out."
"All right, thank you." eane: "I wouldn't want.. Okay." iller: "Thank you very much."
"Further discussion? Representative Schuneman." chuneman: "A question of the Sponsor, Mr. Speaker."
"Indicates he'll yield."
"Representative, this is the appropriation Bill for your substantive Bill which passed out earlier today. Is that correct?" eane: "It also includes that local accounting task force, yes, $65,000."
"Okay. So all the appropriation is not for that then?" eane: "Correct." chuneman: "What is the..I'm sorry, but I didn't hear you when you explained what the total appropriation was and what the break down was. Would you do that one more time?" eane: "To the State Comptroller one thousand....one million seven hundred and eighty-nine thousand two hundred dollars, to the Auditor General one hundred and thirty-one thousand six hundred, to the Bureau of the Budget four hundred and sixty-one thousand and to the local accounting task force sixty-five thousand."
"And what's the total?" eane: "I haven't added them up, but it would roughly be..." chuneman: "Representative, is this all for the purpose of bringing about the uniform accounting practices?" eane: "Except for the sixty-five thousand dollars for local accounting task force, yes."
"So we're talking about an appropriation here of what? Two or three million dollars to implement this?" bane: "Two point three million dollars." 292 5th Legislative Day 5chuneman: "Pardon me?" eane: "Approximately 2.3 million dollars." chuneman: "Thank you." запе: "You're welcome." peaker Daniels: "Further discussion? Representative Keane to close." eane: "Thank you. I'd ask for a favorable Roll Cal1." peaker Daniels: "The Gentleman moves for the passage of Senate Bill 1228. All those in favor will signify by voting 'aye', opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On this Bill there are 112 'aye', 38 'no', none voting 'present'. Senate Bill 1228, having received the Constitutional Majority, is hereby declared passed. Senate Bills, Second Reading. Senate Bills, Appropriation. 671. Read the Bill, Mr. Clerk." lerk O'Brien: "Senate Bill 671, a Bill for an Act to provide for the ordinary and contingent expense. This Bill has been read a second time previously. Amendment #1, 2, and 3 were adopted in Committee." peaker Daniels: "Any Motions filed?"
"A Motion to table Amendment #1 by Representative Barnes." peaker Daniels: "Representative Barnes, Motion to table Amendment #1. Is the Lady on the floor? Representative Wolf, your pleasure, Sir?"
"She wanted to withdraw that." peaker Daniels: "Withdrawn. Any other Motions filed?"
"No further Motions." peaker Daniels: "Alright. Any Amendments from the floor?"
"Floor Amendment #4, J. J. Wolf."
"J. J. Wolf. Representative J. J. Wolf, 293 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day Amendment #4." June 29, 1981 olf: "Thank you, Mr. Speaker and Members of the House. This strikes the words 'during weeks'. What this actually does is allow for reimbursement of per diem. What has happened during weeks that the General Assembly is in Session...what has happened is on some of those weeks where the House comes in on Tuesday, Wednesday, Thursday, Friday and the Appropriations Committee has been meeting on Monday, if the words that they're only allowed to collect that per diem on weeks, during weeks which the General Assembly is not in Session, Members of the Appropriation Committee could not receive their per diem and so that's what the effect of this Amendment is. It's sponsored jointly by Representative Matijevich and myself." peaker Daniels: "Any discussion? Representative Yourell." purell: "Would the Gentleman yield?"
"Indicates he will."
"Jake, is there any Amendment on this Bill that would decrease the secretary help of the House Members?" olf: "Yes, we'll get to that. It's in the Bill. The Senate... I'll explain it before we..."
"Thank you." peaker Daniels: "Further discussion? Being none, the question is, 'Shall the House adopt Amendment #4?'. All those in favor signify by saying 'aye', 'ayes', opposed 'no'. The 'ayes' have it. Amendment #4 is adopted. Further Amendments?"
"Floor Amendment #5, O'Brien-Hoffman..." peaker Daniels: "Representative O'Brien, Amendment #5." 'Brien: "Yes, thank you, Mr. Speaker and Members. I rise in relation to Amendment #5 on Senate Bill 671 which relates to the expenses of the General Assembly and the Amendment, Mr. Speaker, has been passed out. Mr. Speaker and Members 294 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE With Legislative Day June 29, 1981 of the House, I consider this to be the official mushroom Amendment. It wasn't too long ago, Mr. Speaker, that Representative Kulas indicated that he was tired of being in the dark and you explained to him why we were in the dark when you said, 'We all know that mushrooms are spores. They do not possess chlorophyll which is converted to energy by light, and since they do not possess that, they grow in spores. Spores grow in the dark, and, therefore, we intend to keep you there. If we take you from the dark, we would stunt your growth so we intend to keep you there in the dark.' I think, Mr. Speaker, that was your quote. The last time we had anybody come down that center aisle, Mr. Speaker, they were carrying boxes of Amendments. Mr. Speaker, we have a trophy for you, Ar. Speaker. Would you please unveil that trophy? I believe that there is a Resolution inside the mushroom in the bottom. Could we have the Clerk read the Resolution, please?"
"Whereas, the Order of Mushrooms feel that the rights of their Members have been trounced upon, trampled on, denied and abridged since the beginning of this Session and whereas, the mechanical failure of the printer on June 26, 1981 was the straw that broke the mushroom's back; Be it resolved that we implore the Speaker to support Amendment 5 to Senate Bill 671 so that in the future the mushroom's right to vote and have recorded Roll Calls will not be denied. The Order of the Mushrooms." ΜΕ.
"Representative Hoffman." >ffman: "Thank you, very much, Mr. Speaker and Ladies and Gentlemen of the House. We'd all like to present this mushroom to you, Lee Daniels, as a Representative of all the Leadership from the minions who have lined up and marched time after time as we've been forced to move forward into the darkness to be fed more of the same. What 295 5th Legislative Day you see before June 29, 1981 you started out as a very tiny strand of fiberglass and as the tiny strand had hoped to end up as a kayak, however, it had the misfortune of falling here in Springfield and landing near the Capitol Building earlier on this year. And as the darkness in the Capitol continued and as copious amounts of a substance well known and frequently distributed in this chamber was liberally applied to this tiny strand, it grew and grew into its present size. And so we present this to you today and require that you take it into your personal charge and see to that it is deposited in an appropriate place with its like kind. And with that statement, I conclude my remarks and ask the rest of the Membership to support Amendment #5 to House Bill 671 so that what has happened to us in the past, at least to a certain degree, can be relieved."
"The King Mushroom, Representative Kulas, the spore of all spores."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I just wanted it to be shown in the record that the Royal Order of Mushrooms, as the parent organization of all the other mushroom organizations, does endorse the Amendment but it doesn't, necessarily, endorse the way the Amendment was presented."
"Representative J. J. Wolf."
"Thank you, Mr. Speaker. I'm quite sure that the Sponsor of this frivolous Amendment, though I think we all enjoyed the high jinx of today, but what the Resolution does is adds 200,000 dollars for the purchase of a back-up electronic vote tabulation and printout system, and I would respectfully urge the Members to vote 'no'."
"Representative Matijevich."
"Mr. Speaker, I'm sure the Sponsor will withdraw the Amendment, but he wanted to make clear the purport of the 296 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981 Amendment because Lee Daniels has been so supportive and out in the open, and we appreciate that. He's been part of our mushroom group, in a sense, and I apologize. I was supposed to wear my shirt today and make it clear to you that we're going to try to get a shirt for you. I was supposed to present you one today, but I'm going to make every effort to present you one, Lee. You've been good to all of us." eaker Daniels: "The little people arise. Representative O'Brien." 'Brien: "Yes, Mr. Speaker and Members, I think we've made our point. We mushrooms are getting used to being in the dark and we, quite frankly, don't mind it sometimes. However, we do need a recorded vote and I think that the intent is expressed here that we'd like to have some sort of a back-up machine so that we don't run into the same problems. With that, I'd ask leave to withdraw the Amendment and thank you, very much, Mr. Speaker, from the mushrooms." peaker Daniels: "Amendment's withdrawn. Representative Vitek." itek: "Well, I'm glad that Resolution.... Thank you, Mr. Speaker. Because, Lee, I love you and being a 'holby' guy, those are the true mushroom guys, the guys that understand 'holby'. And the mushroom they presented you with was a poisonous one, so don't...Take care of it. Get rid of it." peaker Daniels: "It always renews your faith when you see what's happened to Representative O'Brien during his life. It just goes to show you. The little mushrooms can grow into big ones. Further Amendments?" lerk O'Brien: "No further Amendments." peaker Daniels: "Third Reading. Representative Wolf." lf: "Pursuant to Rule 34C... 35C, I would now ask leave of the House to have this Bill heard on Third Reading. It's been 297 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day June 29, 1981 read a third... We need leave for the Attendance Roll Call. I'll explain what happened."
"Representative Yourell on that point or on a point..." ourell: "No, you went to Third Reading. The Gentleman was going to explain to me about this question I had."
"Yes, Sir. I was wondering. He asked leave to have the Bill heard immediately. If we can get leave, I'm sure he'll answer your question, Sir. Is that alright with you, Sir?"
"You know... Alright." peaker Daniels: "Alright. Pursuant to the appropriate rule, the Gentleman asks leave to hear Senate Bill 671. All those in favor... Well, are there any objections? Leave to use the Attendance Roll Call? Gentleman has leave. Alright. Senate Bill 671, Third Reading. Before we go to the Order of Third Reading, pursuant to leave of the House on Senate Bill 671, there is an announcement regarding the Select Committee on Reapportionment. They are presently meeting in room 114. If there are any Members that are desirous of going to room 114 and listening to the meeting, they may do so. But that Committee is presently meeting in room 114. Okay. Representative Wolf, on Senate Bill 671. Read the Bill, Mr. Clerk." lerk O'Brien: "Senate Bill 671, a Bill for an Act to provide for the ordinary and contingent expense of the General Assembly. Third Reading of the Bill."
"Representative Wolf." olf: "Mr. Speaker, Members of the House and particularly the Gentleman who posed the question, I will now explain what has happened. What the Senate did is chop 315,000 dollars out of our House Operations and that's where ..comes in the area of probably having to reduce a number of secretaries. 298 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day June 29, 1981 What the House has done, under Amendment #1, I'll explain as we go down. Amendment #1 added 25,000 dollars for the GRF for the Rape Study Committee. I'm not too sure that that was a mistake or not. Amendment #2 appropriates 25,000 GRF to the Legislative Redistricting Commission for its ordinary and contingent expenses. Now, Amendment #3, which I'm sure you'd be interested in, we reduced the staff, the House legislative staffs, by 50,000 each and then took 125,000 dollars out of the Senate's Operation which puts them on a par with us. I'm quite certain this Bill is going to be going to Conference Committee and we think that will help make our point. That 125,000 dollar reduction to the Senate puts them at zero increase like they did to the House." peaker Daniels: "Any discussion? Representative Yourell."
"Did we already... Would the Gentleman yield?"
"Indicates he will, Sir."
"Are you suggesting to the Body that we have already adopted the Amendment that decreased the House appropriation for secretarial help by three hundred and some thousand dollars?" peaker Daniels: "Representative J. J. Wolf."
"No. What I'm saying is the Senate did that before the Bill came over here. It was already removed. We didn't take out our House Operations. I think your question should be better directed to President Rock as to why they did." ourell: "Well, you're the Sponsor. I have no access to President Rock, but I do have access to the House Sponsor. Why did did not we... Why did not... This is a House Bill or a Senate Bill?" olf: "This is a Senate Bill."
"This is a Senate Bill. Why did not we... Why are we 299 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day passing this Bill now?" June 29, 1981
"Well, it was the feeling of the Committee that the message might better be received in the Senate if we reduced their Senate Operations to a zero increase..." ourell: "When did we do that?" olf: "In Committee. In Appropriations Committee."
"We decreased their what?" wolf: "Their Senate Operations. They reduced the House Operations by 315,000 dollars which holds us to zero increase. In other words, same amount we had last year. By House Amendment #3 in the Appropriations Committee, we, in turn, reduced the Senate Operations by 125,000 which similarly reduces them to zero increase." ourell: "So, I have this clear. There has been no decrease this year from last year in the House secretarial appropriation?" olf: "Right." ourell: "But there's no increase?" olf: "But there's no increase." ourell: "So the rumor that I've been hearing that there's going to be substantial layoffs does not, in effect, have any foundation?" olf: "Well, it would probably necessitate some layoffs unless the Senate recedes from this Amendment because I'm quite certain that we are going to give some salary increment increases to our secretarial staffs." ourell: "There's going to be salary increases to some secretaries which will, in your judgement, necessitate the layoff of secretaries." olf: "If we don't get an increase in our House Operations." ourell: "Who's going to make the decision as to what secretaries are going to be laid off?" olf: "It will probably be done by seniority, but I'm sure that 300 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE th Legislative Day it would be with the advice of the Minority the Speaker of the House, wherever they're cut." June 29, 1981
Leader or of ourell: "What the hell have they got to do with it? They're not their secretaries. I think every Member of this House ought to stand up for their rights and when any layoff takes place you ought to go to whoever is your Leader and raise a little hell. I can assure you that their staffs are not going to be cut back. If anything, they're going to get more staff and more money and more secretaries and the Members of the House are going to get stuck with the same old you know what, and you'd better wise up, you Ladies and Gentlemen, and get over to your Leaders and tell them you won't stand for any layoffs of your secretaries." peaker Daniels: "Representative Schraeder."
"Thank you, Mr. Speaker, Members of the House. Representative Wolf, I, for some time, have had a hang up about the salary differential between Senate secretaries and House secretaries. Is that differential being changed at all under any legislation pending, including this one?" olf: "No, there's, not to my knowledge there's not."
"What is the differential at this point?" olf: "I don't have the slightest idea."
"Would it be 200 dollars a month?" lf: "I can't answer it."
"Alright. Do you, under any piece of appropriation legislation, have an increase for secretaries for the House Members?" lf: "Repeat that question." :hraeder: "Do you have, in this or any other appropriation, an increase in salaries for secretaries?" lf: "Let me say this to you. In sending this Bill back to the Senate, there's just absolutely no doubt in my mind, whatsoever, that, with the cut that we've made in the 301 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE ith Legislative Day June 29, 1981 Senate Operations, that they're going to be mighty happy to go in a Conference Committee and I can assure you that our 315,000 dollars will be restored in which case there is money to give salary increases to our secretaries."
""Alright., then if that is true, will that additional money that was cut and then will go back in, if they accept it, will that provide the same number of secretaries now on staff plus a substantial or a reasonable cost of living increase in salaries for our secretaries?"
"We have, to my knowledge, never, in the General Assembly, set this salary rate. It has always been done through the Speaker and the Minority Leader."
"Ladies and Gentlemen, that may well be the case that the Speaker and the Hinority set the salaries, but if we don't reject this Amendment or this Senate Bill 671 at this point and time and say to, not only the Leadership and the Members of the Senate, those holy men and women over theгe, that ve don't approve of this approach and never have for these many years, I think we ought to send the Bill over there that provides a reasonable cost of living increase for our secretaries and that we, under that appropriation, hold to the fact that we don't want to lose the good secretaries we have and that we're as well entitled to them as every Member of the Senate. And it seems to me that the best thing to do is vote 'no' and get this out so we have the appropriations spelled out in clear and concise language. Thank you."
"Representative Jim Kelley." elley: "I move the previous question. Let's get on it."
"Question is, 'Shall the main question be put?'. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. Representative J. J. Wolf, to close."
"Well, thank you, Mr. Speaker. As I tried to say, the 302 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSENBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 Senate did chop 315,000 dollars out of our House Operations Fund. Fe felt that that was such a great idea, that the Senate thought it was a good idea for us then we thought it would be a good idea for the Senate SO we cut their Operations to zero increase which they did to us. As I repeated, I am quite certain, there's no doubt in my mind that the Senate will receive this message very loud and clear when it comes back that they are not going to concur with that and that they will recede from their Amendment."
"Gentleman moves for the passage of Senate Bill 641 (sic, 671). All those in favor will signify by voting 'aye', opposed by voting 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Daniels 'aye'. Have all voted who wish? Take the record. On this Bill there are 112 'aye', 33 'no', 1 voting 'present'. Senate Bill 671, having received a Constitutional Majority, is hereby declared passed. Supplemental Calendar... Excuse me. Order of Concurrence, Appropriation. House Bill 439, Representative McAuliffe. Read the Bill, Mr. Clerk. Page four."
"House Bill 439, a Bill for an Act making appropriations for Data Information Systems Commission together with Senate Amendments #1, 2, 3, 4, 5, 6, 7, 8 and 9."
"Representative McAuliffe." cAuliffe: "I move to nonconcur in Senate Amendment 1, 2, 3, 4, 5, 6, 7, 8 and 9."
"The Gentleman moved to nonconcur. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it and the House nonconcurs in Senate Amendments #1, 2, 3, 4, 5, 6, 7, 8, and 9 to House Bill 439. House Bill 852. Read the Bill, Mr. Clerk."
"House Bill 852, a Bill for an Act making 303 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 appropriations for the ordinary and contingent expense of the Attorney General together with Senate Amendments #1, 3, 4 and 5."
"Representative J.J. Wolf."
"I move that we nonconcur with Senate Amendments 1, 3, 4 and 5." peaker Daniels: "The Gentleman moved to nonconcur. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it and the House nonconcurs in Senate Amendments #1, 3, 4 and 5 to House Bill 852. House Calendar Supplemental #2. Order of Nonconcurrence, Senate Bill 62. Representative Stewart? Is the Lady in the chambers? Out of the record. Senate Bill 431, Representative Mulcahey? Read the Bill, Mr. Clerk."
"Senate Bill 431, a Bill for an Act to amend the Revenue Act, House Amendment #5."
"Representative Mulcahey."
"Thank you, Mr. Speaker, Members of the House. I move that the House nonconcur with Amendments 1 through 5 of Senate Bill 172....refuse to recede. I'm sorry...from Amendments 1 through 5 (sic, Amendment #5 only) of Senate Bill 431."
"There's only one Amendment isn't there, Sir, #5?" ulcahey: "Number 5, yes."
"And your Motion again was what, Sir?" ulcahey: "Not to recede and appoint a Conference Committee." peaker Daniels: "The Gentleman moves that the House refuse to recede from House Amendment #5 and that a Conference Committee be appointed. On that question any discussion? Being none, all those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. And the House refuses to recede from House Amendment #5 and a Conference 304 5th Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 Committee shall be appointed. Representative Oblinger, Supplemental Calendar #2, Senate Bill 464. Okay take that last one out of the record. Supplemental Calendar #1, Senate Bill 257. Representative Oblinger. Read the Bill, Mr. Clerk." `lerk O'Brien: "Senate Bill 257, a Bill for an Act to provide for exemptions from certain Use and Occupation Taxes for ethyl alcohol, distribution of machinery and equipment together with House Amendment #1." peaker Daniels: "Representative Oblinger." blinger: "Hr. Speaker, Hembers of the General Assembly, as I was saying back about an hour ago, the reason that we will not recede from House Amendment #1 is because it is a definition of rolling stock and we want to work with the Department of Revenue in getting the definition straightened out."
"Representative Schneider." chneider: "Thank you, Hr. Speaker. Josephine, I've been kind of tracking a few Bills that are of interest to all of us and that's the ones relating to tax..potential sales tax increases. What I would like and I have talked to Representative Rea about this, is to be sure that we avoid having the possibility of a sales tax or the roll back included on this proposition. Now, I know that when you had talked with me a day or so earlier on this same kind of dialogue you had assured me that this would not be a vehicle for either of those possibilities. Continue in that vein?" peaker Daniels: "Representative Oblinger." chneider: "I didn't hear her answer. I'm sorry." peaker Daniels: "Representative Oblinger?"
"As far as I know there are no plans to use this for any kind of a vehicle of that kind." 305 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981
"But if they're... But again, if it emerges, you're going to resist from what I think you told me.." blinger: "Yes.."
"...Both privately and publically." blinger: "Yes."
"Thanks a lot." peaker Daniels: "Representative Kane." ane: "Would the Sponsor yield to a question?" peaker Daniels: "Indicates she will."
"Yes, we heard almost that same language from Representative Telcser the other night in saying that he didn't have any knowledge of anything that's going to happen afterwards and then about five minutes after we voted to extend the deadline, he came parading down this center aisle with the next Order of Business. And, can we have your word that the only thing that will be considered in Conference Committee is whether or not this Amendment should be on or off and that nothing else will come up?" blinger: "I understand that there may be an Amendment but it has nothing to do with a roll back, nothing to do with a sales tax. I can assure you of that." ine: "What is the Amendment that's being considered?" blinger: "You know, in our definition of machinery and equipment for manufacturing? We thought that covered all kinds of manufacturing. And the printing business was left out and they want to know if they can be included. That's the only thing I know of." ane: "Okay. And you would resist anything else going into the Bill? Okay. Then we have your commitment on that?" blinger: "Yes." ane: "Thank you." peaker Daniels: "The Lady moves that the House refuse to recede from House Amendment #1 and that a Conference Committee be 306 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 appointed. All those in favor signify by saying 'aye', opposed 'no". The 'ayes' have it. And the House refuses to recede from House Amendment #1 and a Conference Committee shall be appointed. Senate Bill 308? No? Out of the record. All right. Back to Supplemental Calendar #2, Senate Bill 431, Representative Hulcahey? Did ve do it? No. Read the Bill, Mr. Clerk. Supplemental Calendar #2, Senate Bill 4... Did that. All right. That's done already. All right. Senate Bill 464, Representative Schneider? Read the Bill."
"Senate Bill 464, a Bill for an Act to amend the Pension Code with House Amendments 1 and 2."
"Representative Schneider."
"I lost that number, Mr. Speaker? Where is it? Oh, here it is. On Senate Bill 464, Mr. Speaker, Members, I would ask that ve seek a Conference Committee and not ...What's the Motion? Not recede from Amendments 1 and 2."
"Any discussion? Being none, the Gentleman moves that the House refuse to recede from House Amendments #1 and 2 and that a Conference Committee be appointed. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it and the House refuses to recede from House Amendments #1 and 2 and a Conference Committee shall be appointed. Senate Bill 547, Representative White. Read the Bill, Mr. Clerk."
"Senate Bill 547, a Bill for an Act..."
"Can we please have your attention?"
"..A Bill for an Act to limit liability of persons and organizations in connection with donation of food for free distribution to needy people together with House Amendment #1." peaker Daniels: "Representative White." hite: "Okay. Mr. Speaker, Ladies and Gentlemen of the House, I 307 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE .5th Legislative Day June 29, 1981 refuse to recede from House Amendment 1 of Senate Bill 547."
"Any discussion? Being none, the Gentleman moves that the House refuse to recede from House Amendment #1 and that a Conference Committee be appointed. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The House refuses to recede from House Amendment #1 and a Conference Committee shall be appointed. Senate Bill 558, Representative J.J. Wolf?"
"Which one?"
"558. Read the Bill."
"Senate Bill 558, a Bill for an Act to amend the Pension Code together with House Amendments 2 and 4."
"Representative J.J. Wolf."
"I move, Mr. Speaker, that we refuse to recede from the House Amendments to Senate Bill 558,"
"Any discussion? Being none, the Gentleman moves that the House refuse to recede from House Amendments #2 and 4 and that a Conference Committee be appointed. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. And the House refuses to recede from House Amendment #2 and 4 and a Conference Committee shall be appointed. Senate Bill 560, Representative Henry? Read the Bill, Mr. Clerk."
"Senate Bill 560, a Bill for an Act to amend the Pension Code together with House Amendments 1 and 2."
"Representative Henry."
"Thank you, Mr. Speaker. I move to refuse to recede to House Amendment 1 and 2 on Senate Bill 560."
"Any discussion? Being none, the Gentleman moves that the House refuse to recede from House Amendments #1 and 2 to Senate Bill 560. All those in favor...and a Conference Committee be appointed. All those in favor 308 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 signify by saying 'aye', opposed 'no'. The 'ayes' have it. The House refuses to recede from House Amendments #1 and 2 and a Conference Committee shall be appointed. Senate Bill 565, Representative O'Brien? Is the Gentleman on the floor, Representative O'Brien? Out of the record. Eating mushrooms. All right. Senate Bill 591, Representative Bower? Read the Bill." lerk O'Brien: "Senate Bill 591, a Bill for an Act relating to the leasing of oil and gas where the owners cannot be located together with House Amendments 1 and 2."
"Representative Bower. Out of the record. Senate Bill 629, Representative Matijevich? Read the Bill, Mr. Clerk."
"Senate Bill 629, a Bill for an Act in relation to state finance together with House Amendment #1."
"Representative Matijevich."
"Иг. Speaker and Ladies and Gentlemen of the House, House Amendment #1 to Senate Bill 629 was one I cooperated with in allowing Jack Davis to offer it. It was the Hydro Electric Revolving Fund. He has now agreed to recede and therefore, I move to recede from House Amendment to Senate Bill 629."
"The Gentleman moves that the House recede from House Amendment #1. Any discussion? Being none, the question is, 'Shall the House recede from Amendment #1?". It takes 89 votes, final action. All those in favor will signify by voting 'aye', opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 136 'aye'...Representative Slape, 'aye'. 136 'aye'.... Representative Boucek 'aye'. 138 'aye', 3 'no', 1 'present' and the House recedes from House Amendment #1 and Senate Bill 629 is hereby declared passed. Senate Bill 309 5th Legislative Day 642, Representative Kustra? Read the Bill, Mr. Clerk."
"Senate Bill 642, a Bill for an Act to amend the School Code together with House Amendment #1."
"Representative Kustra."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would move that the House recede to House Amendment #1 to Senate Bill 642."
"Any discussion? The Lady from DuPage, Representative Fawell. Your light is on, Ma'am. The Gentleman from DuPage, Representative Schneider."
"A quick explanation, Bob."
"Representative Kustra, could you please Kustra: explain?" "The problem which that Amendment addressed is dealt with in another Bill."
"Oh, all right. It's on another Bill. Okay."
"Further discussion? The Gentleman moves that the House recede from Amendment #1. All those in favor signify by voting 'aye', opposed by voting 'no'. This is final action. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question there are 145 'aye', 1 'no', 1 'present'. The House recedes from House Amendment #1 and Senate Bill 642 is hereby declared passed. 591, Representative Bower? Read the Bill, Mr. Clerk."
"Senate Bill 591, a Bill for an Act relating to leasing of oil and gas where the owners cannot be located with House Amendment 1 and 2."
"Representative Bower."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would ask that the House refuse to recede and request a Conference Committee."
"Any discussion? Representative Fawell, your 310 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day light is on, June 29, 1981 Ma'am. Further discussion? The Gentleman moves that the House refuse to recede. Hold it, hold it. Who are we holding it for? Hold it. You're being approached, Representative Bower. May we move ahead now, Gentlemen? Okay."
"This is a Bill that relates to oil and gas legislation." peaker Daniels: "The Gentleman moves that the House refuse to recede from House Amendments #1 and 2 and that a Conference Committee be appointed. All those in favor signify by saying 'aye, opposed 'no'. The 'ayes' have it and the House refuses to recede from House Amendments #1 and 2 and a Conference Committee shall be appointed. Representative Fawell." well: "I wanted nonconcurrence for Amendment 13. Maybe that isn't necessary...for the same Bill? Is that... Will that be covered?" peaker Daniels: "Representative Stewart on the floor? Representative O'Brien? The House will stand at ease for five minutes. Representative Cullerton? While the House is at ease for a few minutes, Representative Cullerton." allerton: "Well, thank you, Mr. Speaker and Ladies and Gentlemen of the House. Many of you know that the last two years towards the end of the Session, I have been asked to do some ...well, actually I asked myself if I could do some impersonations on the House floor and during the course of the Session, the last Session, I did a few impersonations of some of our Members on the House floor during the course of the debate. I thought that this year it would be a good idea if I would refrain from that and just kind of wait until the end of the year and decide to do some impersonations at that time. And I know we're all very busy and there's many major issues which we have not yet addressed, as the politicians say. But I think that 311 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 tomorrow, as we all wait around and sit here waiting for Conference Committee reports, that it might be appropriate just to keep everybody in a good mood and just to make sure that everybody understands that we're not going to be taking away from any time when we would normally be working on legislative duties, that we would get up and do a few impersonations, kind of like turning a mirror on the General Assembly and showing everyone here what they really look like. And I also think that C.L. McCormick, who has yet to give his what I'm told is a pretty good speech, but I'm not sure, since I've never heard it, I think it might be appropriate to hear Representative McCormick talk about the animals down in southern Illinois. So tomorrow, hopefully during the day, we would move to the Order of Impersonations and Representative John Matijevich will warm everybody up like he did last year with a boring monologue and ... No, really seriously, he was very funny last night and hopefully John can get up there and get everybody's attention, we'll hear from C.L. McCormick and then we're going to hear from George. So I look forward to seeing you tomorrow and I hope that we can all make it. Thank you."
"Representative Kelly, Dick Kelly." elly: "Yes, Mr. Speaker and Members of the House, I'm not going to object to John's doing those impersonations because we all know that he's been a professional entertainer and certainly does an outstanding job. But I'm very concerned about any moods in this House which indicate that we are frivolous or that we are not deeply concerned about the issues of the day. I'm very embarrassed about a number of items that have come up and axed recently on this House floor and I'm going to object in the future to anything that belittles this Body or the General Assembly."
"Your point is well taken, Representative Kelly. 312 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 5th Legislative Day June 29, 1981 And we'll do our best to avoid that. Whatever happens will take place when the House is at ease, just like it is at the present time. Representative Flinn." linn: "Well, Mr. Speaker, I wonder if the previous speaker would apply that to after hours, people who think they can sing?"
"Representative Jack Dunn."
"If Dick Kelly wants to sing tomorrow, I'll go get my dog for you, Dick. You want my dog over here tomorrow?" peaker Daniels: "Representative Cullerton." ullerton: "Mr. Speaker, I do have a little bit of a problem with one of my impersonations. There's a lot of freshmen here who don't realize that my best impersonation is that of Taylor Pouncey. The problem is that Taylor Pouncey rarely says anything over the microphone and a lot of people haven't been back there to the women's wash room and had a chance to listen to him. So I wondered if we could have Taylor Pouncey stand up and just say a few words so people appreciate my impersonation of him tomorrow? Now he knows what to say too, because we tried this last year and he talked about when he was a little boy working next to the butcher's shop. And I'd appreciate it, Taylor, if you could just stand up. The microphone is on." peaker Daniels: "Representative Taylor Pouncey."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I don't know why some of those little Irish lads that ride around in Rolls Royces with their extra....engines on them, air coolers, want to take on a little boy from the ghetto. But I'm back here minding my own business, trying to learn the legislative process that so many of us good Legislators need to help our people in this Great State of Illinois. So if there's anything I cando to help the lad to be a greater success than he already is, I'll be glad to do it. Thank you, Ladies and 313 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 5th Legislative Day Gentlemen." Cullerton (Pouncey): "All right then, Taylor. I'm going to see you here tomorrow then, brother." peaker Daniels: "Representative Boucek." oucek: "Thank you, Mr. Speaker. I'm sure that we all know the great talents of our colleague, Johnny Cullerton. And I wonder if he would consider that when that hour comes tomorrow that he moves it up a few days after adjournment and rent the giant Convention Center here in Springfield and I'm sure he'd have a sell out and then when he goes back into Chicago he can say, 'Yes, the General Assembly gave him and Mayor Byrne the CTA'." peaker Daniels: "The House will continue to stand at ease. Representative Peters." eters: "Mr. Speaker and Ladies and Gentlemen of the House, just so that the Members know, and especially the new Members, I know that the press that has covered us for some period of time understands in the closing days of the Session, the last day or the last two days, there are periods of time in which we have to wait for concurrences, for Calendars to be printed, for Supplemental Calendars to be distributed. There is no real action the House can end up taking during those periods of time. So, those who have been here and those who have covered the House know that that is what the case is. I think anyone who is fair and understands the process knows that the House is quote, 'not wasting time, not whatever, however, wherever', but in fact that this is just one of those things that ends up happening because of the mechanical problems that we enter into; one, having the material printed, two, having it distributed and three, having some basic understandings on the parts of staffs on both sides so that we know what we're getting into when we get into it. So I say that, Mr. Speaker, more for the 314 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 understanding of the new Members who are here and who are going through their first Session. I know, in my heart, that the media certainly understands."
"Your point is well taken. And may I remind the Members that at this very moment, the Select Committee on Reapportionment is meeting in room 114. The Speaker is in room 114 with many Members of the House, meeting with leave of the House that it meet during the time the House is in Session. Further more I would remind the Members of the House that there will be, as Representative Peters has stated, several times, perhaps tomorrow when we will stand at ease and we'll do our best to keep the business of the House flowing. And I know on behalf of Representative Peters and myself and the Speaker and all the other Leadership on the Majority side of the aisle, that ve appreciate all of the efforts that all of you have put in during this Session and particularly the many late hours that you've all put in. You're a tremendous Body and a tremendous representative group and we've all been very proud to serve with you. Representative Mulcahey?"
"Well, just kind of paraphrase what Representative Peters said. Ladies and Gentlemen, I think we can probably say that starting on January ..er..rather on June 30th, 'Let's Make a Deal' runs about 24 to 38 hours consistently. So that's..that's pretty much what it is. It's a good program though."
"The House will continue to stand at ease. Representative Winchester."
"Thank you, Mr. Speaker. I..If..If Director Vince Toolen, the Director of the Department of Administrative Services or Director Tom Johnson of the Department of Revenue are within hearing distance of my voice, I'd appreciate it if they'd come to the House floor." 315 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981
"Director Toolen and Director Johnson, please report to the House floor to Representative Winchester. Representative Roland Meyer?"
"Would you have the Clerk read the RTA Bill please?"
"Yes. Representative Matijevich?"
"Would the rest of the Directors come to my desk?"
"Representative Kociolko?"
"Yes, Mr. Speaker, like all of us, I've heard a great deal about Representative Cullerton's fame in doing impressions and about the way in which he regales the Members of the Assembly each year and I just thought would let the Members of the House know that perhaps tomorrow we will have some impressions emanating from the Republican side of the aisle as well."
"Who might that be, Representative Kociolko?"
"Well, I think I've given enough information for this evening. We'll leave the rest of it for tomorrow. In the spirit of the mushrooms, I think it would be best to leave the Gentlemen on the other side of the aisle in the dark."
"Representative Currie."
"Thank you, Mr. Speaker. I would certainly appreciate it if we could hear tomorrow during the Order of Impersonations from Representative Barkhausen from the other side of the aisle who did a sensational job last night at the Conference of Women Legislators' Party. And I don't know whether any of our group has yet told the House who it was who won the Grand Prize last evening. It was freshman Representative Craig Findley who played for us on his trombone. He was wonderful. Congratulations, Mr. Findley."
"There he is in the center aisle."
"Sings and plays kazoo; 'You Are My Sunshine'. Two verses." 316 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 29, 1981 75th Legislative Day
"All right, Representative Kosinski. I think we're about ready to go, huh? Before somebody falls out of the balcony yet. We're not covered by workmen's comp here. It's all right with me. I'm ready to fall off the stool. Again. Order of Motions, Representative Stiehl, 223? Out of the record? Representative Wolf? Representative Wolf? On the Calendar, page five, House Bill 588. Read the Bill, Mr. Clerk."
"House Bill 588, a Bill for an Act making an appropriation for the ordinary and contingent expense of the Department of Children and Family Services, Department of Public Aid, Department of Public Health, Department of Mental Health and Developmental Disabilities and the Department of Rehabilitation Services together with Senate Amendments #1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 19, 20, 26, 27, 28, 30, 33, 35, 36 and 37."
"Representative Wolf."
"Thank you, Mr. Speaker. This is what we talked about earlier this afternoon and we took it out of the record and we have an agreement and I would just move to concur with the Senate Amendments to House Bill 588."
"Discussion? Representative Matijevich."
"Yes, Mr. Speaker, as I said when we had earlier left on this Bill, we believe that we're much better off if we go along with these matters now and if there are any problems left over, we can resolve it in some other Conference Committee. But we believe that this very important issue regarding human services ought to be resolved as quickly as possible and therefore, I would go along with the Chairman of the Committee."
"Discussion? Being none, the question is, 'Shall the House concur in the Senate Amendments to House Bill 588?'. Those in favor will... Representative Braun." 317 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
"Thank you, Mr. June 29, 1981 Speaker, Ladies and Gentlemen of the House. I join in the concurrence, the vote for this concurrence Motion. I would point out however, that it is a little distressing to me that certain matters pertaining to funding of mental health programs, to the hospital situation have not fully been reconciled at this point, but it is with the understanding that the Department and both sides of the aisle will work toward an amicable resolution of both of those problems that I would support this concurrence Motion."
"The question is, 'Shall the House concur in the Senate Amendments to House Bill 588?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 106 voting 'aye', 33 voting 'nay', 2 voting 'present'. Representative Grossi 'no'. 106 voting 'aye', 34 voting 'no', 2 voting 'present' and the House does concur in Senate Amendments 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 19, 20, 26, 27, 28, 30, 33, 35, 36 and 37 to House Bill 588. This Bill, having reached a Constitutional Majority ... McClain 'aye'. This Bill, having reached a Constitutional Majority, is hereby declared passed. For correction of the record, there is no Amendment 10 in the listing given by the Chair. On the Supplemental Calendar #1, Nonconcurrence. Senate Bill 335, Representative Wolf. Read the Bill, Mr. Clerk, bottom of the page. Representative Wolf."
"Senate Bill 335, a Bill for an Act making appropriations for the ordinary and contingent expense of the Pollution Control Board together with House Amendment #1."
"Representative Wolf." 318 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981
"Thank you, Mr. Speaker and Members of the Assembly. I would move that we recede from House Amendment #1 to Senate Bill 335."
"Any discussion? There being none, the question is, 'Shall the House recede from Senate Amendment #1 (sic, House Amendment #1) to Senate Bill 335?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 132 voting 'aye', 10 voting 'nay', 1 voting 'present'. And the House does recede from Amendment #1 to Senate Bill 335 and this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 333, Representative Wolf. Read the Bill, Mr. Clerk."
"Senate Bill 333, a Bill for an Act making appropriations for the ordinary and contingent expense of the Department of Human Rights together with House Amendment #1."
"Representative Wolf."
"Thank you, Mr. Speaker, Members of the House. I would move that we recede from House Amendment #1 to Senate Bill 333."
"Any discussion? There being none, the question is, 'Shall the House recede from Amendment #1 to Senate Bill 333?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 109 voting 'aye', 33 voting 'nay', 2 voting 'present'. And the House recedes from Amendment #1 to Senate Bill 333. This Bill, having received the Constitutional Majority, is hereby declared 319 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day passed. Senate Bill, Mr. Clerk." June 29, 1981 Bill 331. Representative Wolf. Read the
"Senate Bill 331, a Bill for an Act making appropriations for the ordinary and contingent expense of the Department of Registration and Education together with House Amendments #1 and 3."
"Representative Wolf."
"Thank you, Mr. Speaker. I would move that we recede ...the House recede from House Amendment #1. In #3 there were some personal service increases and I move that we recede from those two Amendments, 1 and 3."
"Any discussion? There being none, the question is... Representative Cullerton, you have a question?"
"Yes, Mr. Speaker. I just wondered if the Sponsor could just indicate to us whether...since this is final action, when we recede are we spending less money or more money? If you could just indicate that for those Representatives who don't like to spend a lot of money."
"It's less."
"We're spending less money if we vote 'yes'?"
"Representative Wolf."
"One hundred and fifteen thousand seven hundred less in Amendment #1, forty-five thousand four hundred and eighty in Amendment #3, all GRF."
"So, if we recede, we're spending less money?"
"Correct."
"Good. Thank you. (as Taylor Pouncey) Thank you, brother."
"The question is, 'Shall the House recede from House Amendments #1 and 3 to Senate Bill 331?'?. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Telcser, 320 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981 Mr. 'aye'. Have all voted who wish? Take the record, Clerk. On this question there are 130 voting 'aye', 16 voting 'nay', 16..6 voting 'present'. This Bill, having... The House, having receded from House Amendments #1 and 3, this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 326, Representative Wolf. Read the Bill, Mr. Clerk."
"Senate Bill 326, a Bill for an Act making appropriations for the ordinary and contingent expense of the Department of Commerce and Community Affairs together with House Amendments #1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11."
"Representative Wolf."
"Thank you, Mr. Speaker. I would move that we recede from the House Amendments 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11. Each one of these is a reduction in dollars."
"Any discussion? There being none, the question is, 'Shall the House recede from the aforementioned Amendments?'. Those in favor will signify...to House Bill...Senate Bill 326. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. 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 127 voting 'aye', 19 voting 'nay', 1 voting 'present'. And the House does recede from House Amendments 1, 2, 3, 4, 5, 6, 7, 8, 9,10 and 11. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 313, Representative Wolf. Read the Bill, Mr. Clerk."
"Senate Bill 313, a Bill for an Act making appropriations for the ordinary and contingent expense of the Department of Corrections together with House Amendments #2 and 5." 321 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
"Representative Wolf."
"Thank you, Mr. Speaker, Members of the House. I would move that we recede from Amendments #2 and #5 to Senate Bill 313."
"Any discussion?"
"All reductions."
"Representative Matijevich?"
"Mr. Speaker and Members of the House, up till now we have agreed on this side of the aisle to all of the receding of Senate Amendments. On this Bill, on Senate Bill 313 this side of the aisle is going to take a position against receding. We have reasons that we feel that this Bill ought to be in Conference Committee so I would urge the Members on this side of the aisle and some of the others on that side of the aisle who are always supportive when we have..when we use such logic that you withhold support of this receding."
"Representative Catania."
"Thank you, Mr. Speaker. Will the Sponsor yield for a question?"
"Indicates he will."
"Representative Wolf, the Digest says what House Amendment #2 does, but it doesn't say what House Amendment #5 does and I believe that you are moving to recede from that Amendment. Would you tell us what it does?"
"House Amendment #5 was the $25,000 to the House Correctional Advisory Committee which Representative Matijevich and I sponsored. We believe we cando this by a Subcommittee and accomplish the same thing without...it's just expended through the House Operation's Fund."
"And that's everything that's in #5?"
"Yes."
"Thank you." 322 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day
June 29, 1981 "Further discussion? Representative Mulcahey."
"Mr. Speaker, I was just wondering why everybody around this chamber right now feels this thing ought to be in Conference Committee? What's the reason for it?"
"Representative Wolf has moved to recede which would not put it in a Conference Committee."
"Yes, if I may respond. That is the precise purpose why I want to recede. I do not want to go to Conference with this and open it wide open."
"Representative Matijevich, why do you want to go to Conference Committee?"
"Representative Matijevich."
"Well, first of all, the Senate Amendment #1 was one that was adopted by both sides of the aisle in Committee and I think that by dropping it now, as you recall, there was testimony in Committee and in fact, that testimony in Committee indicated that both the Attorney General and the indication was that the Governor supported the 'Youth Is program', felt that it was a good alternative program. And I don't see why at this point that we should drop the program. It has been effective and therefore, I think that we are better off in Conference."
"Any discussion? The question is... Representative Mulcahey."
"Mr. Speaker, I just want to say I agree with Representative Matijevich. I think this should go to a Conference Committee."
"The question is, 'Shall the House recede from House Amendments 2 and 5 to Senate Bill 313?'. Those in favor will signify by voting 'aye', those opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative... Representative Wolf to 323 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day explain his vote." June 29, 1981
"Well it seems like the only thing that's really holding us up is one particular program and that's the 'Youth Is program'. And I would just like to say that on the evaluation of 'Utis' and institutionalize youth done in January of '78 by the American Institute for Research in Washington D.C. for 'ILIK' indicates that the chronic juvenile offender, that the more drastic the intervention, the greater the reduction in .....cynicism without exception. This report raises the question as to whether the 'Youth Is program' has been effective as ..in institutionalizing chronic juvenile offenders. I just don't think it's worth going to Conference Committee for a program of 897,000 dollars that is questionable."
"Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 90 voting 'aye', 79 voting 'nay', 1 voting 'present'. This Bill, having reached a Constitutional Majority, is hereby declared passed. Senate Bill 309, Representative Schaffer (sic, Senator Schaffer). Senate Bill 309, Representative Wolf. Read the Bill, Mr. Clerk."
"Senate Bill 309, a Bill for an Act making appropriations for the ordinary and contingent expense for the Health Finance Authority together with House..."
"Out of the record...."
"..Amendments 2, 3, 4, and 5."
"Senate Bill 308, Representative Wolf. Out of the record. Senate Bill...Just a minute. Senate Bill 319. Representative Wolf. Out of the record. The House will be in recess for five minutes. House will come to Order. Representative Collins."
"Mr. Speaker, I move the House now stand adjourned until tomorrow, June 30th, at the hour of nine a.m." 324 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day June 29, 1981
"You've heard the Gentleman's Motion. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The House stands adjourned."
"The House is adjourned until nine o'clock tomorrow, nine o'clock a.m." STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JUNE 29, 1981 HB-0028 CONCURRENCE PAGE 260 HB-0031 CONCURRENCE PAGE 260 HB-0032 CONCURRENCE PAGE 261 HB-0046 CONCURRENCE PAGE 262 HB-0108 CONCURRENCE PAGE 173 HB-0349 CONCURRENCE PAGE 259 HB-0415 CONCURRENCE PAGE 5 HB-0437 CONCURRENCE PAGE 172 HB-0438 CONCURRENCE PAGE 6 HB-0439 CONCURRENCE PAGE 303 HB-0441 CONCURRENCE PAGE 257 HB-0455 CONCURRENCE PAGE 242 HB-0477 CONCURRENCE PAGE 9 HB-0487 CONCURRENCE PAGE 11 HB-0488 CONCURRENCE PAGE 15 HB-0494 CONCURRENCE PAGE 3 HB-0503 CONCURRENCE PAGE 20 HB-0514 CONCURRENCE PAGE 20 HB-0525 CONCURRENCE PAGE 254 HB-0534 CONCURRENCE PAGE 21 HB-0536 CONCURRENCE PAGE 184 CONCURRENCE PAGE 201 CONCURRENCE PAGE 279 HB-0537 CONCURRENCE PAGE 175 HB-0542 CONCURRENCE PAGE 30 HB-0559 CONCURRENCE PAGE 32 HB-0566 CONCURRENCE PAGE 34 HB-0567 CONCURRENCE PAGE 37 HB-0572 CONCURRENCE PAGE 40 HB-0576 CONCURRENCE PAGE 42 HB-0580 CONCURRENCE PAGE 44 HB-0588 CONCURRENCE PAGE 175 MOTIONS PAGE 317 HB-0598 CONCURRENCE PAGE 44 HB-0623 CONCURRENCE PAGE 187 HB-0654 CONCURRENCE PAGE 256 HB-0663 CONCURRENCE PAGE 49 HB-0694 CONCURRENCE PAGE 49 HB-0723 CONCURRENCE PAGE 90 HB-0725 CONCURRENCE PAGE 51 HB-0733 CONCURRENCE PAGE 178 HB-0744 CONCURRENCE PAGE 55 HB-0752 CONCURRENCE PAGE 53 HB-0754 CONCURRENCE PAGE 60 HB-0760 CONCURRENCE PAGE 63 HB-0761 CONCURRENCE PAGE 182 HB-0766 CONCURRENCE PAGE 64 HB-0774 CONCURRENCE PAGE 180 HB-0776 CONCURRENCE PAGE 64 HB-0782 CONCURRENCE PAGE 65 HB-0785 CONCURRENCE PAGE 66 HB-0787 CONCURRENCE PAGE 73 HB-0805 CONCURRENCE PAGE 181 HB-0808 CONCURRENCE PAGE 73 HB-0813 CONCURRENCE PAGE 74 HB-0817 CONCURRENCE PAGE 76 HB-0823 CONCURRENCE PAGE 77 HB-0852 CONCURRENCE PAGE 303 HB-0874 CONCURRENCE PAGE 78 HB-0893 CONCURRENCE PAGE 83 HB-0894 CONCURRENCE PAGE 84 HB-0945 CONCURRENCE PAGE 91 HB-0963 CONCURRENCE PAGE 101 HB-0979 CONCURRENCE PAGE HB-0998 CONCURRENCE PAGE 91 103 PAGE 1 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JUNE 29, 1981 HB-1016 CONCURRENCE PAGE 104 HB-1020 CONCURRENCE PAGE 105 HB-1041 CONCURRENCE PAGE 242 HB-1045 CONCURRENCE PAGE 108 HB-1048 CONCURRENCE PAGE 109 HB-1049 CONCURRENCE PAGE 110 HB-1081 CONCURRENCE PAGE 127 HB-1118 CONCURRENCE PAGE 111 HB-1135 CONCURRENCE PAGE 100 HB-1136 CONCURRENCE PAGE 126 HB-1144 CONCURRENCE PAGE 112 HB-1150 CONCURRENCE PAGE 113 HB-1157 CONCURRENCE PAGE 113 HB-1168 CONCURRENCE PAGE 114 HB-1172 CONCURRENCE PAGE 116 HB-1179 CONCURRENCE PAGE 117 HB-1189 CONCURRENCE PAGE 117 CONCURRENCE PAGE 129 HB-1252 CONCURRENCE PAGE 121 HB-1253 CONCURRENCE PAGE 128 HB-1273 CONCURRENCE PAGE 129 HB-1291 CONCURRENCE PAGE 136 HB-1297 CONCURRENCE PAGE 138 HB-1313 CONCURRENCE PAGE 138 HB-1354 CONCURRENCE PAGE 140 NOTIONS PAGE 158 HB-1356 CONCURRENCE PAGE 140 HB-1364 CONCURRENCE PAGE 144 HB-1365 CONCURRENCE PAGE 144 HB-1367 CONCURRENCE PAGE 145 HB-1399 CONCURRENCE PAGE 145 HB-1409 CONCURRENCE PAGE 147 HB-1415 CONCURRENCE PAGE 155 HB-1421 CONCURRENCE PAGE 156 HB-1435 CONCURRENCE PAGE 162 HB-1438 CONCURRENCE PAGE 169 HB-1447 CONCURRENCE PAGE 170 HB-1451 CONCURRENCE PAGE 183 HB-1487 CONCURRENCE PAGE 187 HB-1489 CONCURRENCE PAGE 194 HB-1497 CONCURRENCE PAGE 203 HB-1498 CONCURRENCE PAGE 4 HB-1503 CONCURRENCE PAGE 203 HB-1505 CONCURRENCE PAGE 204 HB-1536 CONCURRENCE PAGE 184 HB-1578 CONCURRENCE PAGE 205 HB-1591 CONCURRENCE PAGE 206 HB-1608 CONCURRENCE PAGE 209 HB-1614 CONCURRENCE PAGE 207 HB-1619 CONCURRENCE PAGE 210 HB-1620 CONCURRENCE PAGE 219 HB-1630 CONCURRENCE PAGE 221 HB-1632 CONCURRENCE PAGE 221 CONCURRENCE PAGE 241 HB-1653 CONCURRENCE PAGE 223 HB-1661 CONCURRENCE PAGE 224 CONCURRENCE PAGE 229 HB-1674 CONCURRENCE PAGE 226 HB-1678 CONCURRENCE PAGE 228 HB-1789 CONCURRENCE PAGE 231 HB-1807 CONCURRENCE PAGE 232 HB-1812 CONCURRENCE PAGE 235 HB-1816 CONCURRENCE PAGE 239 HB-1838 CONCURRENCE PAGE 240 SB-0027 NON-CONCUR PAGE 61 PAGE 2 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JUNE 29, 1981 SB-0137 MOTIONS PAGE 267 SB-0171 MOTIONS PAGE 272 SB-0257 MOTIONS PAGE 305 SB-0278 1ST READING PAGE 61 SB-0297 1ST READING PAGE 61 SB-0313 MOTIONS PAGE 321 SB-0326 MOTIONS PAGE 321 SB-0331 MOTIONS PAGE 320 SB-0333 MOTIONS PAGE 319 SB-0355 MOTIONS PAGE 318 SB-0381 3RD READING PAGE 279 SB-0431 MOTIONS PAGE 304 SB-0464 MOTIONS PAGE 307 SB-0517 3RD READING PAGE 280 SB-0547 MOTIONS PAGE 307 SB-0558 MOTIONS PAGE 308 SB-0560 MOTIONS PAGE 308 SB-0591 MOTIONS PAGE 310 SB-0629 MOTIONS PAGE 309 SB-0642 CONFERENCE PAGE 310 SB-0670 3RD READING PAGE 281 SB-0671 3RD READING PAGE 293 SB-0805 3RD READING PAGE 181 SB-0956 3RD READING PAGE 287 SB-1157 3RD READING PAGE 289 SB-1228 3RD READING PAGE 289 SUBJECT MATTER HOUSE TO ORDER - SPEAKER PETERS PAGE 1 PRAYER - REVEREND ALGRIM PAGE 1 PLEDGE OF ALLEGIANCE PAGE 2 MESSAGE FROM SENATE PAGE 9 REPRESENTATIVE DANIELS IN CHAIR PAGE 77 REPRESENTATIVE EPTON IN CHAIR PAGE 109 REPRESENTATIVE DANIELS IN CHAIR PAGE 113 REPRESENTATIVE PETERS IN CHAIR PAGE 169 REPRESENTATIVE DANIELS IN CHAIR PAGE 246 ADJOURNMENT PAGE 325 PAGE 3