"The House will be in order and the Members will please be in their seats. The Chaplain for today is Dr. Richard Ahlgrim from the Berean Baptist Church of Springfield, Illinois. Dr. Ahlgrim."
"Again, thank you for your graciousness in inviting me here to open in prayer. Shall we pray? We thank You, our Heavenly Father for Your graciousness in letting us come into Your presence without any fear or turmoil for You've said let those who lack understanding come and ask wisdom from You and You'll give it to all men liberally and will not scold us for asking, but will provide that wisdom. We confess within ourselves our inadequacies in many ways, our God, to make decisions, not only for the present, but for the future that shall glorify You and be decisions that would be to the greatest benefits of our constituency. We thank You for wisdom today, the wisdom that causes us to call on You before we begin to talk and to make the plans and decisions of this day. And therefore we pray that as we discuss, that You will grant us the integrity to be honest, the forthrightness to be understood, and the graciousness that shall gender respect in our midst. We pray not only for ourselves this morning, but again we remember the President of our nation, the Congress of the United States and the weighty decisions that are upon the shoulders of both them and ourselves in assembly this hour. We pray, our God, that You might watch over this group. Give us the knowledge that we ought to have in understanding the impact of all that is said and decided upon. Facilitate, as only You can facilitate through us, and in everything we'll be careful to thank You. For we ask it in Jesus' name. Amen."
"Thank you, Doctor. We'll be led in the Pledge 1 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 today by Representative Darrow."
"I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation, under God, indivisible, with liberty and justice for all."
"Roll Call for attendance. Representative Telcser, do you have any excused absences this morning?"
"Would the Journal show, Mr. Speaker, that Representatives Stearney and Barnes are absent because of illness?"
"The record will so indicate. Representative Getty, do you have any excused absences? Representative Getty is not on the floor? Your turn to sit there today, Cullerton? Is it? Well, let me hear your imitation of Getty. Do you have any excused absences? That sounds good."
"Let the record reflect that Representatives Katz and Capparelli will be absent due to official business."
"The record will so indicate. Take the record, Mr. Clerk. Representative Birkinbine, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. Just as a means of expediting things and maybe getting things rolling. It's my understanding that we've really been held up here for a day or so primarily because of what we tried to address yesterday. Maybe the Minority Leader from the other side could report to us on the...what came out of the Conference Committee yesterday. I see his button is pushed but I haven't seen him on the floor yet. Maybe he could report to us on whether or not some resolution has been brought about."
"With 160 Members answering the Roll, a quorum of the House is present. Representative Giorgi, for what 2 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 purpose do you seek recognition?"
"Mr. Speaker, I have a Bill on Third Reading on page ten and I'd like leave of the House to have that referred back to Second Reading and leave it there until I get an Amendment prepared. I want to change the Bill somewhat."
"The Gentleman asks leave to return House Bill 2588 to the Order of Second Reading. Are there any objections? It seems to me that objections have been noted, Representative Giorgi. Did you care to pursue in the form of a Motion?"
"Yes. I think I ought to move to suspend the necessary rule. What does it take? Eighty-nine votes? I'd like to get it back to Second and leave it on Second. I have an Amendment I'm preparing for it."
"All right. The Gentleman moves to return House Bill 2588 to the Order of Second Reading. On that question, Representative Satterthwaite."
"A question of the Sponsor."
"He indicates he'll yield."
"Zeke, is it your intent to amend into this Bill the material that was previously, in 1926, I believe the Bill number was?"
"Not exactly, but something like that."
"Something like that."
"Not exactly as 1926."
"Why would you not proceed with the other Bill instead?"
"How's that?"
"Why would you amend it into this Bill instead of proceeding with the other Bill?"
"It's not my Bill. 1926 is not my Bill."
"Whose Bill is it?"
"I don't know. Who's...It's Bell's Bill, Representative 3 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 Bell from Moline. My Bill is...My Bill has to do with overlapping district assessments. But I want to amend the Bill to put some other language in it. And I don't plan to call it until next week on the Amendment stage."
"Well, speaking to the Motion then, I would just prefer that we leave this Bill on Third Reading. At the time that an Amendment is prepared for it, if we could have some knowledge of what that Amendment contains, then I might vote differently. But at this point I will vote against the Motion."
"Representative Bullock on the Motion."
"Thank you. Thank you, Mr. Speaker. Would the Sponsor yield for a question? Indicates he will. Representative Giorgi, Representative Satterthwaite has raised the issue about your attempting to amend this Bill. Was this Bill ever posted for one of the Committees in the House that you propose to add?"
"House Bill 2588 went through the Rules and went through the Revenue Committee."
"No, I'm talking about the Bill, the substance of a Bill (sic, Amendment) that you propose to add to this 2588. Was the substance of that Bill ever considered by a Committee of this House?"
"I don't know. I won't be able...I can't tell you what's going to happen. I'm going to put the Bill on Second Reading and then the Amendment can be presented. I can't predict..."
"Well, Mr. Speaker? Speaker Ryan?"
"Yes, Representative."
"I'd like to address the Gentleman's Motion."
"Well, proceed. That's what I called on you for."
"I'd asked him some questions. Now I want to address the Motion." 4 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982
"Proceed, Representative."
"I think..."
"Could we have a little order in the chamber, please?"
"Ladies and Gentlemen of the House, I think we ought to consider seriously the Gentleman's Motion. And I think we ought to consider seriously what's proposed to be done to this Bill. We all have received an inordinate amount of communications and correspondence regarding House Bill 1926. It is my estimation..."
"Representative McPike, for what purpose do you seek recognition?"
"Mr. Speaker, the Motion is to return this to Second Reading. I would request that you ask those to speak to the Motion and not to a variety of other issues that may or may not be presented later."
"Would you confine your remarks to the Motion, Representative Bullock? Proceed."
"To the Motion, Mr. Speaker, I stand in opposition to the Gentleman's Motion. Should the requisite number of votes be put up on the Motion I would ask for a verification. I don't think the time of this House needs to be squandered with legislation that is intensely controversial; legislation, in my estimation that should have gone through the Committee process. I think we all know what's being planned on this particular Bill, and I certainly would ask that you vote accordingly so that we can move on in an expeditious manner to address the real issues of the state and more specifically deal with the budget of the State of Illinois. I don't think we need to be involved in long protracted debates on side issues. And if this Bill is moved back to Second Reading, you can rest assured we will have an inordinate amount of time expended 5 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 on trying to resolve an issue that has already been resolved by one of the Committees of this House and it's disposed of the Bill in an appropriate manner."
"Is there any further discussion on the Gentleman's Motion? Representative Schraeder?"
"Yes, Mr. Speaker. I'd just like to admonish the Members that are here this morning that...there are a lot of vacant chairs and I would suggest if there's going to be a verification, that we just hit our own switches for one time."
"Well, your point certainly is well taken, Representative. Representative Giorgi, would you care to close?"
"Yes, Mr. Speaker. I can't guarantee that anything that I'll introduce in this House won't be controversial. But I don't think that ought to preclude introducing Bills that are going to be controversial. I've said I want the Bill on Second Reading. If I can't get the Amendment put on, I lose. I'm not going to put the Amendment on today. And I'm not going to prolong debate in the House today. I'm going to put the Amendment on next week. What else can I tell you except you're going to have plenty of time to peruse the Amendment, present your arguments. If you dislike what I'm trying to do, you vote against it. But I'd like to...I think everyone gets an opportunity to move his Bill to Second and put his Bill in any shape he wants."
"The Gentleman has moved to return House Bill 2588 to the Order of Second Reading. All in favor will signify by voting 'aye', all opposed by voting 'no'. Representative Hallock, one minute to explain your vote."
"Yes, Mr. Speaker, Members of the House. It seems to me a very simple courtesy that we extend to Representative Giorgi the same consideration we expect for each of 6 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 ourselves. This House has always allowed a Member of his own Bill to bring that Bill back to Second Reading for an Amendment if he choses. Now, I would expect and hope that the House would give Representative Giorgi the same courtesy and I would ask for some 'aye' votes. Thank you."
"Have all voted who wish? Take the record, Mr. Clerk. On this question there are 83 voting 'aye', 47 voting 'no', 3 voting 'present'. Representative Giorgi?"
"Mr. Speaker, would you poll the absentees?"
"Poll the absentees, Mr. Clerk. Representative Fawell, for what purpose do you seek recognition?"
"Mr. Speaker, can you tell me how I am recorded?"
"Mr. Clerk, how is Representative Fawell recorded? Well, we're trying to get a print off the machine, Representative Fawell. If you'll hold on, why, we'll let you know in a minute."
"The Lady is recorded as voting 'aye'."
"The Lady is recorded as voting 'aye'. You're recorded as voting 'aye', Representative."
"Will you please change me to 'no'?"
"Record the Lady as 'no'. Change her from 'aye' to 'no'. Representative Boucek, for what purpose do you seek recognition?"
"Mr. Speaker, please change my vote from 'no' to 'yes'."
"Change the Gentleman's vote from 'no' to 'yes'. Representative Davis, for what purpose do you seek recognition?"
"Well, I believe I'm not recorded, Mr. Speaker, and if not, record me as 'aye'."
"Record the Gentleman as 'aye'. Now what's the count, Mr. Clerk? Representative Breslin?"
"Change me from 'no' to 'aye', please."
"Change the Lady from 'no' to 'aye'." 7 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 Representative Huskey?"
"For my friend, Zeke, that has chastised me so much in this House, I'm going to give him a 'yes' vote."
"Record the Gentleman as 'aye'. Maybe we...Representative Giorgi, would it be all right with you if we dump this and start over?"
"Yes, Sir."
"Let's dump the Roll Call and you can all get on the way you want to get on. The Gentleman has moved to return House Bill 2588 to the Order of Second Reading. All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Take the record, Mr. Clerk. On this question there are 105 voting 'aye', 33 voting 'no' and 4 voting 'present'. Representative Bullock?"
"Thank you, Mr. Speaker. I had earlier requested a verification. But now that I note that the Speaker of the House and his Leadership team is not voting, I withdraw the verification request."
"Have all voted who wish? On this question there are 105 voting 'aye', 33 voting 'no' and 4 voting 'present'. And the Gentleman's Motion prevails and House Bill 2588 will be returned to the Order of Second Reading. On the Calendar on page two under the Order of House Bills Second Reading appears House Bill 958, Representative Younge. Out of the record. House Bill 960, Representative Younge. Out of the record. House Bill 1119, Representative Preston. Out of the record. House Bill 1425, Representative Henry. Out of the record. House Bill 1463, Catania. Out of the record. House Bill 1969, Representative Younge. Out of the record. House Bill 1974, Representative Catania. Out of the record. We're going to...House Bill 2079, Representative Watson. Out of 8 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 the record. House Bill 2096, Representative Tate. Out of the record. House Bill 2102, Representative McAuliffe. 2102, Representative, on the Order of Second Reading on page two of the Calendar. You want to read the...You ready to go? Read the Bill, Mr. Clerk."
"House Bill 2102, a Bill for an Act to amend the Criminal Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed with respect to Amendment #1?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, Kosinski-McAuliffe-Levin, amends House Bill 2102 as amended."
"Representative Kosinski on Amendment #2."
"Mr. Speaker, I wish to withdraw Amendment #2."
"Withdraw Amendment #2. Further Amendments?"
"Floor Amendment #3, Kosinski-McAuliffe-Levin, amends House Bill 2102 as amended."
"Mr. Speaker, I wish to ..."
"Representative Kosinski on Amendment #3."
"I wish to apply Amendment #3 which is essentially Amendment #2 with one technical difference. It says, 'homogenous mass of metal'. The word, 'homogenous', has been added."
"Is there any discussion? The Gentleman moves for the adoption of Amendment #3 to House Bill 2102. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2147, Representative Reilly. Read the Bill." 9 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982
"House Bill 2147, a Bill for an Act concerning nursing home care alternatives. Second Reading of the Bill. Amendments #1, 4 and 6 were adopted previously."
"Are there any further Amendments?"
"Floor Amendment #7, Reilly, amends House Bill 2147 as..."
"Representative Reilly on Amendment #7."
"Withdraw Amendment #7."
"Withdraw #7. Further Amendments?"
"Floor Amendment #8, Reilly, amends House Bill 2147..."
"Representative Reilly on Amendment #8."
"Thank you, Mr. Speaker. The other day when we were working on this there were some questions raised by Representatives Oblinger, Bowman, Preston and others. I believe those differences have been worked out and Amendment #8 now puts the Bill in proper form. I would move the adoption of Amendment #8."
"The Gentleman from Cook, Representative Cullerton, on the Gentleman's Motion on #8."
"Yes, will the Gentleman yield?"
"Indicates he will."
"For the purposes of legislative intent, I wonder if you could describe for us what 'ability to pay' refers to? It's on page five on line 14."
"Yes. I believe in terms of my intent and in terms of what I think the Legislature's intent is, that that is a term of art that simply refers to the fact that those who can pay, should pay, according to their ability to pay. Those who have no ability to pay, of course, would get the services for free. Those who can would pay on a sliding scale based on their ability to pay."
"It's not defined anywhere, I take it." 10 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982
"No, but it appears in...in several Acts. That's true. It is not defined. It's not defined in a lot of other places in the statutes. But I think it's a term of art that is sufficiently well defined in...in terms of general knowledge."
"Well, there's no...doesn't it allow an awful wide range of discretion for the Department? In other words, why don't you answer this. What if there's somebody has 500 dollars in savings, or what if somebody owns a house that they could mortgage and get a second mortgage? I mean, would they...couldn't they require them to get that second mortgage, or to go into those savings, by claiming that they have an ability to pay?"
"I can't answer for every specific case, any more than I could with 150 other Acts that are on the books; some sponsored by your side of the aisle, and some sponsored by us. In my opinion, what this does is give the Department the discretion to issue a set of rules that would set out a reasonable standard of ability to pay, no different than in...in a hundred other cases."
"Well, I...I don't mean to belabor the point. I just wanted to know if you could just say whether or not we're talking about someone's salary, or whether we're talking about someone's net worth, or whether we're talking about someone's..."
"Primarily, we'd...we'd be talking about income, and not net worth."
"Okay. I think Representative Preston had a similar Bill where he...he laid out a sliding scale of...of what 'ability to pay' meant. I wonder if you could comment on how this differs from that particular Bill."
"On that particular point, you mean? I mean, you..."
"Right, with respect to ability to pay." 11 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982
"You've...you've stated it accurately. My objection to that is that, then, every time we want to change that scale, we've got to go through the whole legislative process, which, I think, is a very cumbersome way to make those...those changes, but I think the intent is exactly the same in both cases."
"Okay. Thank you."
"Is there any further discussion? Representative Preston."
"Thank you, Mr. Speaker. Would the Gentleman yield for a question?"
"Indicates that he will."
"Representative, under your Amendment 8, is there a maximum that a recipient would be paying?"
"Actual cost, but, as a practical matter, obviously, if you approach actual cost, there ceases to be any reason to have the...the program. Again, it seems to me, all that we're saying is that the Department, given whatever budget it has, will make its best determination of what...what services it...it can provide at that budgetary level, but there is that ceiling, yes."
"All right. Representative, Representative Cullerton may have asked this question. I beg your pardon if...if I repeat it. Does the Amendment contain any provision that would give guidelines to the Department as to how they should adjust the scale for payments?"
"Yes, according to the ability of the...of the person to pay."
"So, then we're leaving it up to the Department to make those..to make a determination through the rules and regulations, how that ability to pay will be determined."
"Yes."
"Thank you." 12 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982
"There any further discussion? Representative Reilly, to close."
"I would just ask a favorable vote in favor of adoption of Amendment #8."
"The Gentleman moves to adopt Amendment #8 to House Bill 2147. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Further amendments?"
"No further Amendments."
"Third Reading. House Bill 2153, Representative Dunn, Ralph Dunn. Out of the record? Out of the record. 2384, Representative Hoffman. Out of the record. 2448, Representative Daniels. Out of the record. 2489, Representative Kustra. Out of the record. 259...2501, Representative Vinson. Out of the record. 2519, Representative Meyer. Out of the record. 2563, Representative Collins. Out of the record. 20...2564, Representative Collins. Out of the record. 2569, Representative Barr. Out of the record. On page six, under the Order of House Bills Third Reading, Short Debate Calendar, appears House Bill 2133, Representative Steczo. Read the Bill, Mr. Clerk."
"House Bill 2133, a Bill for an Act extending the corporate limits of the Metropolitan Sanitary District of Greater Chicago. Third Reading of the Bill."
"Representative Steczo, on House Bill 2133, Short Debate."
"Thank you, Mr. Speaker, Members of the House. House Bill 2133 is a simple Bill that simply extends the Metropolitan Sanitary District of Greater Chicago's corporate limits to include eight pieces of property in the Village of Madison in southern Cook County, and some parcels of property in Representatives Stanley, Carey, and 13 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 Karpiel's district; and I would ask for an Affirmative Roll Call."
"The question is, 'Shall House Bill 2133 pass?' All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Take the record, Mr. Clerk. On this question, there are 152 voting 'aye', 2 voting 'no', none voting 'present', and this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 2430, Representative McAuliffe. Read the Bill, Mr. Clerk."
"House Bill 2430, a Bill for an Act to amend Sections of the Illinois Police Training Act. Third Reading of the Bill."
"Representative McAuliffe."
"Mr. Speaker and Ladies and Gentlemen of the House, this Bill would merely allow the state to reimburse local municipalities once a month instead of once a year when they have money coming from the Local Law Enforcement Officers Training Board. It would ..It would probably cause some loss of interest for the Cook County Treasurer's Office because currently they're using that money and they're investing it in the bank. But the county treasurer is provided two percent of all the money he collects as a fee for managing the fund. I know of no opposition to this Bill, and I ask for a favorable Roll Call."
"Is there any discussion? The question is, 'Shall House Bill 2430 pass?'. All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Take the record, Mr. Clerk. On this question there are 146 voting 'aye', 2 voting 'no', 5 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Davis wishes to be recorded as 'aye'. House Bill 2577, 14 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 Representative Stearney. Out of the record. House Bills, Third Reading. House Bill 560, Representative Katz. Out of the record. House Bill 668, Representative Catania. Out of the record. House Bill 99...955, Representative Vinson. Out of the record. House Bill 1072, Representative Wolf. Out of the record. House Bill 10..1320, Representative McMaster. Read the Bill."
"House Bill 1320, a Bill for an Act relating to county and township government. Third Reading of the Bill."
"Representative McMaster on House Bill 1320."
"Thank you, Mr. Speaker. This Bill is not what it started out to be. I want to warn all of you of that situation before we start on it. It started out to be a Bill that would permit townships to have condemnation powers, in other words, 'quick take'. It has been changed completely from that. There are a number of Amendments that have been put on by various people. I think the first one was put on by Representative Yourell and concerns the appointment to replace township officials who, for some reason, have left office. And, I have no questions or problems with that Amendment. The next one is one put on by Representative Miller and I would like to have Representative Miller explain that part of it and we will go on from there. Representative Miller, please. Will you turn him on, Mr. Speaker?"
"Is there any discussion?"
"Will you turn on Representative Miller, please, Mr. Speaker?"
"As soon as I call on Representative Dunn I will. Representative Dunn?" Dunn, John: "A question of the Sponsor."
"Indicates he'll yield." 15 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 Dunn, John: "The synopsis of the Bill says that this is a Bill for eminent domain powers to townships, but there are a number of Amendments. Can we have an explanation of what the Amendments do? Do they change the Bill?"
"That is what I am in the process of explaining, John. And it is no longer the eminent domain that it started out to be. The only eminent domain part in it is what Mr. Miller will explain now and that will be the only part that's eminent domain." Dunn, John: "Fine. I'll pay attention."
"Have you completed..finished, Representative Dunn?" Dunn, John: "Yes, if we get an adequate explanation."
"There further discussion? Representative Miller."
"Thank you, Mr. Speaker. In response to Representative Dunn's question and to assist Representative McMaster in presenting the Bill, the aspect of the Bill that still regards itself with eminent domain is Amendment which was put on, I believe it was #4, #5, which would allow a township who is participating in a federal HUD small cities grant program, or community development program, to condemn for that very limited purpose only. As far as I know there is only one township in the State of Illinois who is now participating in that. It's in my district and that of Representative Stuffle and Woodyard's. And, this was an agreed upon Amendment that the Committee indicated that they would accept. It was adopted on the House floor because there was a technical drafting error by Legislative Reference Bureau at the time it was in Committee and I think it has been cleared with both sides, John."
"Is there any further discussion? Representative Bowman."
"A question of Representative Miller." 16 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982
"He indicates that he'll respond."
"Why would it not be possible for the county in which the township is situated to use its eminent domain power on behalf of the township?"
"It's my understanding, Representative, that under this particular program the county is not a party and they can only condemn for those purposes that the statutes have enabled them to condemn for, and therefore they would be unable to condemn on behalf of the township for this very special purpose."
"Well, when you say they are not a party, do you mean that the county is not participating in the federal program named in the Amendment?"
"That's correct."
"Would that preclude a...the township from entering into a written agreement with the county so that the county could use its eminent domain powers on behalf of the township?"
"I think that's impossible. I think that avenue has been explored and obviously we would not be attempting to do this if we could do it without legislation."
"Well, Representative, I'm not sure that is obvious. We do...You've been here long enough to see a lot of Bills come through here that may not be necessary. My own concern is that we're extending powers to townships that they don't now have and once that happens we then see Bills come in that are...purport to be technical Bills that simply add additional items to the list. That is my main concern. If there is any way in which the county or perhaps a municipality could assist the township, I would prefer to see that as the course of action."
"I agree."
"Is there any further discussion? Representative 17 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 Leinenweber."
"Mr. Miller, what exactly is a community development program that you're seeking the power of eminent domain for?"
"It's a program generally participated in only by municipalities, cities and villages. But there is one township in the State of Illinois - there used to be three - one in Joliet, as a matter of fact - which used to participate in this program which basically is a rehabilitation of low standard housing. And they either take the housing and improve it and resell it, or they buy the lot and tear down the housing and then sell it with the condition it has to be built upon. And cities, of course, now have this program and they are very extensively into it. I happen to have this township which is a rather urban township and the large portion of the urbanized area is simply not in the city and if it was not for the township participating, there would be no housing improvement in that area."
"Thank you."
"Is there further discussion? Representative McMaster to close."
"Thank you, Mr. Speaker. I'm sorry, but we're not ready to close yet. This Bill has obviously become a receptacle for a number of different ideas. And I would like to proceed and on each of the specific items that I have granted the other Legislators the privilege of putting on this Bill, I would want each one of them to explain his part of it. Obviously it's a...what would you call it? A Christmas tree Bill I guess. The next one is an Amendment by Representative Zito on the other side of the aisle and I would like to turn the responsibility of explaining that Amendment to Representative Zito, please." 18 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982
"Representative Zito, for your part in this Bill."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #5, if you remember, deals with unincorporated areas in townships of Cook County. Amendment #5 was introduced by myself because of the recent problems with the infamous 'Club Terray' and a certain Mr. Parker that had spent over 630 thousand dollars of University of Illinois funds there. We found that the problem was that the unincorporated area where that business and similar businesses of that nature are located, that they don't have any business licensing procedures. What Amendment #5 will do will....twofold. Number one, define adult entertainment and set a fee for a business license; and number two, license all businesses in unincorporated areas. This would give the local township of that area the power to license all businesses with a minimal fee. I'd be happy to answer any questions on that Amendment."
"Now, is there any discussion on that Amendment? Representative Bower."
"Mr...Mr. Speaker, my question was relative to Representative Miller's Amendment."
"All right. Representative Miller, are you still on the floor? He's still here. He'll...he'll yield to your question, Representative."
"Representative Miller, the Illinois Farm Bureau has historically been opposed to condemnation powers for townships, a policy with which I agree. I want to make absolutely certain that this does not...that this exception that you have put in here does not ...is not offensive to the Farm Bureau. Do you...have you checked with them at all on it?"
"I'm glad you asked that question, Representative Bower. I have indeed talked to 'Mr. Sears' and 'Mr. Clemmons'." 19 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 They are very much aware of the Amendment and are not opposed to it."
"It was my understanding also that there was an Amendment considered to this that would have granted condemnation power for airports. Is your Amendment in any way reflective of that?"
"My Amendment had nothing to do with that concern. That, I believe, is Representative Davis' Amendment, and I do not speak for Representative Davis on his Amendment."
"Thank you."
"Representative Yourell."
"I really...Thank you, Mr. Speaker. I really don't understand the process that we're going through because I thought these Amendments were debated at great length on Second Reading and to go through it again, I think, is redundant. But as long as the Sponsor wants to open it up for discussion, I do have one question for Representative Zito, who is the Sponsor of the Amendment for the licensing by townships of certain businesses in the unincorporated parts of Cook County."
"Proceed, Representative."
"Representative, if your Amendment is successful as it has been on Second Reading - it's part of the Bill now - do we not have two licenses for businesses in the unincorporated parts of Cook County? One by the county and now one by the township?"
"Representative Zito, did you want to respond? Turn Representative Zito on."
"Yes, Representative Yourell. In the area that I'm speaking of, unincorporated areas, there are no overlapping municipal or county ordinances licensing those businesses. Right now, all businesses in Cook County that are in unincorporated areas, and specifically in Leyden Township, 20 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 do not operate under any type of business license at all. The only license that they operate under now is a liquor license. And that is not part of the Amendment. The County of Cook will still have the power to license the liquor."
"In other words, now those businesses such as you refer to, and I understand the specific area that you're concerned with and I commend you for that, will now have to purchase a license from the township to operate a business with a liquor license?"
"Basically that's correct. I can't speak for the township board. They will draft their own legislation in regards to licensing because they don't have..obviously they don't have those powers now. They...those laws will probably read very similar to municipal law in a municipal licensing process which I'm sure you're familiar with and I am, too. So, what we're trying to do is give the township the right to do that. In answer to your question, yes."
"Okay, now in a municipal corporation there are...Are there two licenses required for a liquor license, a municipal license and a county license?"
"I...Yes, I believe that's true."
"So now with the township's new authority, it'll be...the townships will be ...will be mandated to issue a liquor license to those liquor..those establishments that sell liquor outside of the corporate...municipal boundaries in unincorporated Cook County. Are you going to set rates for the setting of these licenses?"
"Yes, we've set fees for the business license operation only."
"How about the liquor?"
"The liquor is still going to be under the jurisdiction of Cook County, much like a municipality. In a municipality 21 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 in Cook County you have two licenses. You have a liquor license which is governed by the liquor commissioner of the municipality and you also have a business license procedure which is governed by the business license commissioner. There are two licenses."
"So this does not include a liquor license?"
"Absolutely no."
"What I'm suggesting is the township board will not be able to issue a liquor license."
"No, Sir, they will not."
"Thank you very much."
"Is there further discussion? Representative Conti."
"Well, yes, Mr. Speaker, Ladies and Gentlemen of the House, I join with Zito on this particular Bill. It's very, very important to us in Leyden Township for the simple reason that there are seven municipalities within the corporate limits of Leyden Township. Out of the seven municipalities, the unincorporated area is the second largest entity. There's eighteen thousand people in the unincorporated area which has absolutely no control over what type of businesses come in on Mannheim Road. Now, all of you - I don't know whether you're aware of it or not - Mannheim Road is the gateway and the entrance to the O'Hare Airport. And business from all over the world come in and the first thing that they set out to, when they got out in the...in the cab...They see these houses of ill repute, these massage parlors, all these various groups that they have absolutely no control over. And if there's anything, anything at all...reason at all that this Bill should be passed, it should be for that one reason alone, just to clean up the mess and the honky-tonk on Mannheim Road. I think Representative Zito is accomplishing something that 22 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 I've tried for the last ten years myself, and I could never get the Bill out of Committee, and I hope that you at least appreciate what we're trying to do, since O'Hare Airport is the world's largest, busiest airport. It is really disgraceful for people to get on Mannheim Road and see the row and row and row of these massage...massage parlors right off of Mannheim Road and the entrance to the O'Hare Airport. I commend Representative Zito for presenting this Bill..this Amendment."
"All right. Now, is there any further discussion? Representative Smith." Smith, Harry: "Mr. Speaker, Ladies and Gentlemen of the House, I, too, would like to join in asking you to support this Bill, especially because of Amendment #5 which was put on it by Representative Zito. It is a very, very needed Bill in our area and if, for no other reason, we should support it to eliminate the possibility of having another Mr. Parker fleece the state out of 600 thousand dollars. This Bill would also with all its Amendments, should not be objectionable because with the Amendments there certainly should be something in this Bill for everyone."
"Further discussion? Representative Jaffe."
"Mr. Speaker, I don't know if the Gentleman was done discussing the other Amendments, 6, 7 and 10. Would the Gentleman from Knox tell us what are in Amendments 6, 7 and 10 before I speak to the Bill? I asked a question, Mr. Speaker."
"The Gentleman will yield. Representative McMaster."
"Thank you, Mr. Speaker. Aaron, we're approaching those other Amendments. The question arose as to why I was going through each of these Amendments separately. Quite frankly, Aaron, I think you people on this floor know me 23 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 well enough to know that I do not try to put anything over on you."
"...It's just that I..."
"And I do not want to end up, Aaron, if this Bill should pass, with someone coming back to me and saying, 'I voted for that Bill and I didn't know this awful Amendment was on it'. So you're being informed.."
"...No, I just wanted..I don't know..."
"..Everything that is on it, Aaron. Now, go ahead."
"Okay. I don't know why you're so defensive. All I'm saying is what are in Amendments 6, 7 and 10 before I address the Bill?"
"Thank you. They're coming."
"Well, Mr. Speaker..."
"Representative McAuliffe..er..Representative McMaster."
"Now, Mr. Speaker, I think we should proceed. There are three more Amendments that we've got to explain fully to the people before I will permit this Bill to be called on Third. I think Representative Davis has a Bill (sic, Amendment) in regard to airports that I think Representative Bower was interested in. Jack, would you proceed with an explanation of your Amendment?"
"Representative Davis, for act III of House Bill 1320."
"Well, proceeding with Act III, Amendment #6, Representative Jaffe, for your edification, narrowly restricted the ability of townships to operate and manage airports and use ...through the use of eminent domain or other procedures acquire land for same, but only in instances where airports exist at the amended effective date of this amendatory Act, and only those which are certified as eligible for expansion by the Federal Aviation 24 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 Administration and the Illinois Board of Aeronautics. Act III is concluded."
"Any discussion? Have you finished, Representative Davis."
"I certainly have, Sir."
"All right. Who's next, Representative McMaster?"
"Thank you, Mr. Speaker. You know, this is kind of a fun Bill and it's kind of a fun day to be doing it."
"You've got everybody involved. I don't know how you can lose."
"Next I think we have Representative Stiehl who has an Amendment that does allow a tax increase with a referendum. And I would like Representative Celeste Stiehl to explain that part of it, please."
"Certainly. The Lady from St. Clair, Representative Stiehl."
"Thank you, Mr. Speaker. This Amendment, Amendment #7, was introduced by myself and Representative Oblinger. Cuts in federal revenue sharing and categorical grants could eliminate some important services for the elderly such as transportation and senior centers. And all we're doing is giving local government the opportunity to continue these services if the people in the area wish it to do so. As the situation now stands, if federal funds for these programs are reduced or withdrawn, counties and townships may have no choice but to discontinue some vital senior citizen services. There's presently no alternative. And all we're doing under this Amendment is allowing them to hold a referendum to levy a tax of up to one mil, to continue these services. This is purely permissive legislation and no county or township could levy the tax without a front door referendum."
"Now, is there any discussion? Representative 25 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 Jaffe, did you...is this where you want to come in?"
"I want to come in when all the Amendments are done. I want to speak to the Bill."
"All right. All right. Okay, Representative Giorgi on this portion of the Bill?"
"Yes, Sir, Mr. Speaker. On the last speaker who had Amendment #7, is that the first declaration here that Reaganomics have finally hit home?"
"Do you have something to address to the Bill, Representative?"
"Yes. I'd like to ask her...She's asking for permission to have a property tax referendum because Reaganomics have cut back on senior citizen needs and other needs in our district. And this is the first official declaration that Reaganomics hit home, is that it? Is that right, Mrs. Stiehl?"
"No. I tell you, Representative, what really has happened is that some of the townships have relied heavily on revenue sharing for their senior transportation services, and if revenue sharing should ever be discontinued at the local level, there's a very serious probability that these townships would have to cut this only transportation the senior citizens have and so, in order to allow them to do so, if the people in that area want to continue these services, it...it merely gives them the opportunity to do so."
"I understand. It goes from revenue sharing, which is a form of Reaganomics, to the property tax. I understand very well."
"Representative McMaster."
"Thank you, Mr. Speaker. Ladies and Gentlemen, bear with me. We are approaching the end. I think now we have Amendment #10, I believe it is, by Representative Steczo, 26 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 and I would like to let that Representative, Terry, explain this Amendment. And I think also it's a good Amendment, as the whole Bill has become. Terry, would you...Are you there, Terry?"
"Well, there's several requests that people want to be on as Cosponsors, Representative. Is there...Is that possible? Will you accept any more Sponsors?"
"I will accept the whole House if they so desire."
"Representative Steczo on 1320."
"Thank you, Mr. Speaker. I do think this is the caboose. I think we're about at the end of the tunnel here. Amend...Amendment #10 simply addresses the question of townships who permissively seek to alter their boundaries or consolidate. Over the last couple Sessions, we have permissively allowed townships to do that by passing specific legislation. This Amendment attempts to make that change permanent and, in accordance with the passage of House Bill 137 and some questions that were directed by the Governor's Office in terms of making this provision extended to consolidated election schedule, that has been taken care of in addition. So, what we have done Session by Session over the last couple of Session by allowing townships to permissively, with approval of the county board, hold these elections if those so chose now becomes a permanent ...a permanent part of the law instead of having the General Assembly pass specific legislation every Session."
"Now then, are there any questions on the Bill? Certainly, Representative Jaffe. Are you ready now? Representative Jaffe on the Bill."
"Yes, Mr. Speaker, with that many Sponsors I have no delusions about my attack. However, I might say to begin with that the Gentleman from Knox said that this was a 27 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 receptacle for a lot of things. I think that that receptacle could well be a garbage can. You know, at a time that we're told that we should be lessening government by all our conservative friends, all of a sudden we're going full steam ahead to load up the most archaic government of them all, township government, with new powers that absolutely boggle the mind. You know, let's take a look at some of the stuff that we're doing. One, we're giving townships the power of eminent domain. Two, we're giving townships the right to license all businesses. Three, we're giving townships the right to have airport authorities. Four, we're giving townships the right of tax increases for elderly service and on and on and on. And on and on. Some of my colleagues yesterday said, you know, if we had patronage we wouldn't know what to do with it. I must tell you that this is probably the largest patronage Bill that this Assembly will pass in probably the next twenty years. This Bill is going to give more patronage than any other Bill that we can possibly imagine. Now, if there is one government that ought to be limited, it is township government and here we are going full steam ahead, loading up township government, giving them new patronage, giving them new powers when we should get...when we should actually be cutting back. I would suggest to you that after this Bill is passed, and I have no, you know, no delusions that it will not pass. It has that many Sponsors. I would suggest that if Ronald Reagan really wants political power he should resign as President to the United States and become a township supervisor."
"Any further discussion? Representative McMaster to close."
"Thank you, Mr. Speaker. In answer to the last speaker, I would like to say this. Aaron, what is quite 28 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 often food to us downstate might become garbage to you in Chicago. But that's your business. What we are doing I think is food to us, even if it is garbage to you. I want to repeat what I said earlier. If there is anyone else, or if the whole House wants to get on this as Cosponsors, I welcome them to it. I do want to say that I have accommodated everyone, regardless of their political philosophy, who came to me with something they would like to add to this Bill. I feel that I have been gracious to them. And I would certainly urge your gracious support and your green lights to be cast upon this Bill that represents a Jacob's cloak, I guess, of many colors. Would you please give me a 'yes' vote? Thank you."
"The question is, 'Shall House Bill 1320 pass?'. All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Take the record, Mr. Clerk. On this question there are 116 voting 'aye', 34 voting 'no' and 8 voting 'present'. Representative Karpiel? Record the Lady as 'aye', would you please? Representative Kornowicz wishes to be recorded as 'aye'. Representative Boucek wishes to be recorded 'aye'. You want to change your vote from 'no' to 'aye', Representative? Change Representative Boucek from 'no' to 'aye'. He saw a good thing here. All right. Now, what's the count? Representative Ebbesen, 'aye'. Representative Hallstrom, 'no'. Representative Ewing, 'aye'. What's the count now, Mr. Clerk? On this question there are 121 voting 'aye', 32 voting 'no' and 8 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Friedrich, for what purpose do you seek recognition?"
"Mr. Speaker, I would like to ask for a recess for a Republican caucus in room 114 immediately." 29 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982
"Representative Greiman, for what purpose do you seek recognition?"
"Mr. Speaker, I would like to announce a Democratic caucus in room 118 immediately."
"Republicans in room 114. The Democrats in room 118. How much time do you need? Representative Greiman says he needs 45 minutes. Back in the chamber at 11:05. The House stands in recess until the hour of 11:05. Committee Reports. The House will be in order. The Members will be in their seats. The Clerk will read some Committee Reports."
"Representative Pullen, Chairman from the Committee on Executive to which the following Bills were referred, action taken May 13, 1982 and reported the same back with the following recommendations: 'be adopted' House Resolution 748, House Joint Resolution 74; 'not be adopted' House Resolution 828; 'be adopted, as amended' House Resolution 689. Representative Davis, Chairman from the Committee on State Government Reorganization to which the following Bills were referred, action taken May 14, 1982 and reported the same back with the following recommendations: 'do not disapprove' Executive Order #1 and Executive Order #2."
"Messages from the Senate."
"A Message from the Senate by Mr. Wright, Secretary: 'Mr. Speaker, I'm directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report on House Bill 2211, adopted by the Senate May 14, 1982.' Kenneth Wright, Secretary. A message from the Senate by Mr. Wright, Secretary: 'Mr. Speaker, I'm directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution and adoption of which I 30 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 am instructed to ask concurrence of the House of Representatives, to wit: Senate Joint Resolution 94, adopted by the Senate May 14, 1982.' Kenneth Wright, Secretary. A Message from the Senate by Mr. Wright, Secretary: 'Mr. Speaker, I'm directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution and adoption of which I'm instructed to ask concurrence of the House of Representatives, to wit: Senate Joint Resolution 92, adopted by the Senate May 14, 1982.' Kenneth Wright, Secretary. A Message from the Senate by Mr. Wright, Secretary: 'Mr. Speaker, I am directed to inform the House of Representatives that the Senate has concurred in the House in the adoption of the following Joint Resolution: House Joint Resolution 48..House Joint Resolution 84, concurred in by the Senate May 14, 1982. Kenneth Wright, Secretary'."
"Adjournment Resolution."
"Senate Joint Resolution 94, resolved by the Senate of the Eighty-Second General Assembly of the State of Illinois, the House of Representatives concurring herein, that when the Senate adjourns on Friday, May 14, 1982, it stands adjourned until Tuesday, May 18, 1982 at 2:00 o'clock p.m.; and when the House of Representatives adjourns on Friday, May...Senate Joint Resolution 94, resolved by the Senate of the Eighty-Second General Assembly of the State of Illinois, that the House of Representatives concurring herein, that when the Senate adjourns on Friday, May 14, 1982, it stands adjourned until Tuesday, May 18, 1982 at 2:00 o'clock p.m.; and when the House of Representatives adjourns on Friday, May 14, 1982, it stands adjourned until Monday, May 17, 1982 at 4:00 o'clock p.m." 31 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982
"Representative Telcser."
"Mr. Speaker, Members of the House, I'd like to first of all move to amend the Adjournment Resolution so that the House returns on Tuesday at noon."
"The Gentleman asks leave to amend the Adjournment Resolution on its face. Are there any objections? Hearing none, leave is granted."
"Mr. Speaker and Members, I now move that the House adopt the Adjournment Resolution, as amended."
"The Gentleman moves the adoption of the Adjournment Resolution, as amended. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the adjournment Resolution is adopted. Supplemental Calendar #1, appears Conference Committee Reports, House Bill 2211. Representative Wolf." Wolf, J.J.: "Thank you, Mr. Speaker and Members of the House. The Conference Committee Report which is on your desks right now is the Committee Report on House Bill 2211. It was signed by all ten conferees. What we are doing is that the Public Aid portion of the Bill will stay intact. Those revenue officers and revenue collection officers and auditors which have already been hired and which have already been out doing a fine job in collecting delinquent taxes to provide monies to the coffers of the state to provide all the many services that we would like to provide our constituents will remain. There is a job freeze on new hirings for the month of June. House Bill, as amended, will be amended that the one million, one hundred and ninety-one thousand six hundred and eighty-five fiscal two supplemental appropriation will be granted to the Department of Revenue for their tax enforcement programs. Those funds are for the hiring of the hundred collectors and sixty auditors and for contracting a private collection 32 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 agency to collect small delinquent accounts on a percentage fee basis. As I had mentioned before, we have already acted on the Senate Amendment, the Amendment #1 which would continue to cover the general assistance grant payments of a hundred and forty-four dollars per month for the remainder of Fiscal Year 1982. And so then, the total is this appropriation is a reduction of one hundred and four thousand five hundred fifty-eight dollars. Ninety-eight thousand four...Ninety-four thousand one hundred and eight is from General Revenue Funds and a reduction of ten thousand four hundred and fifty dollars in MFT from the figure which was recommended by the Committee. This reduction will allow the Department to retain those auditors and collectors, as I say, who are already hired, but will require that the twenty collectors and sixty auditors which were to start on June 1st of this year, would not, in fact, be hired. We think this is an excellent compromise, one that should be supported by all Members of the House. And I would move, Mr. Speaker, Members of the House that the House do adopt the Conference Committee Report #1 on House Bill 2211."
"The Gentleman moves the House do adopt Conference Committee Report #1 to House Bill 2211. On that Motion, Representative Madigan."
"Mr. Speaker, I would like to address myself to that Motion. But before I do, I would suggest that possibly Mr. Wolf would like to move to suspend the provisions of Rule 68 regarding the placement of Conference Committees on the desks."
"Would you like to make that Motion, Representative?"
"No."
"Representative Wolf moves that we suspend the 33 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 appropriate rule so the Bill can be heard immediately. Are there any objections? Hearing none, leave is granted. The Gentleman asks leave and leave is granted. Now, Representative Madigan, on the Motion."
"Well, Mr. Speaker, concerning the report of the Conference Committee. I have said for several weeks that I was opposed to the appropriation to the Department of Revenue to provide for legislative authorization for hiring of employees which has already occurred. The record clearly indicates that the Thompson Administration has hired auditors and collectors in the Department of Revenue without any legislative authorization and that that administration has declined several opportunities to request that authorization. I have said for the last two weeks that that question, the question of authorization for auditors and collectors in the Department of Revenue, should not have been linked to the question of a transfer appropriation in the Department of Public Aid to meet the state's obligation to welfare recipients. Regretfully, very regretfully, Governor Thompson has chose to link the two issues. Governor Thompson has chose to leverage welfare recipients in order to obtain legislative authorization for hirings which have already occurred. My own personal view is that the Governor's action in this matter has been cruel and inhumane. There was absolutely no reason to withhold support for the transfer appropriations of the Department of Public Aid. I was told by certain Members and legislative observers that these two issues must be linked if we were to pass the appropriation to the Department of Public Aid. I rejected that notion and the House rejected that notion yesterday; because on the separate question of the transfer appropriation in the Department of Public Aid there were over 160 Members voting 34 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 in favor of that appropriation as a separate item not linked to the question of the revenue collectors. All of this has been thoroughly discussed. We have now arrived on...at Friday. It is now imperative that the House take some action. I have not changed my attitude regarding the Governor's action. I have not changed my attitude regarding the question of the revenue collectors. But I know from my many years of experience that compromise is the genius of the legislative process. And at this point in time, I feel that the urgency of the transfer appropriation in the Department of Public Aid is such that I shall be compelled to vote in favor of the adoption of this Conference Committee Report."
"Is there any further discussion? The Gentleman from DeKalb, Representative Ebbesen."
"Yes, Mr. Speaker and Ladies and Gentlemen of the House, I'd just like to clear the air here relative to what Representative Darrow said in discussion regarding motor fuel taxes yesterday on this particular Bill. And, he was talking about the lateral shift of dollars from the Motor Fuel Tax Fund being used to pay these people, and I'd just like to...from our book on the Illinois Tax Handbook for Legislators of 1982, under Motor Fuel Tax, it says, '..in the distribution initially all motor fuel tax revenues are deposited in the Motor Fuel Tax Fund. The distribution from the fund is as follows: one-fifteenth of the motor fuel tax collections for each month to the Road Fund...', and then second it says in here, '...a sufficient amount to the Department of Revenue for administrative expenses and refunds'. Now, that really means that those dollars are not being transferred that would go into road improvement, but it's to pay these collectors that go out and bring in that money. And I want to make that very clear. We were 35 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 very unanimous on this side in our thinking except for one Legislator and I wanted him to hear that this morning. I want it part of the official records."
"The Gentleman from Lake, Representative Matijevich."
"Mr. Speaker and Members of the House, Representative Mike McClain and myself were House Democratic signatories to the House Conference...the Conference Committee Report #1. We had made some propositions to the Conference Committee in trying to develop some compromise. One was Representative McClain and I, both, strongly felt that the issues should have been divided and the only real emergency was the passing out of the transfer for general assistance. And we had one proposition that would have done that at the one hundred and forty-four dollar per month level. We had another proposition that would have raised that to the court-ordered one hundred and sixty-two dollars per month and allowing those auditors and collectors already on board to be funded. But, we had a third proposition which, again I say, was a House Democratic proposition which became the compromise and even though I still strongly feel, as the Minority Leader has mentioned, that the issues should have been divided; we should never have tied them together; I also strongly feel that the Governor should never have gone ahead hiring people without legislative authorization. Again, in the spirit of compromise at this eleventh hour, we must adopt this Conference Committee Report and I intend to support it."
"Representative Telcser."
"Well, Mr. Speaker and Members of the House, I think the Minority Leader is absolutely correct when he says that the genius of this legislative process is the compromises which must be worked out among people who have different points 36 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 of view. The Minority Leader, I think, quite succinctly again today expressed his point of view on this issue. I, however, disagree strongly with what his position is. I think it's something we must consider as we complete our work this Session for the next six weeks. I don't know how we could possibly be responsible for taking a rational point of view during our legislative work if we don't consider revenue sources as we spend money. It simply does not make sense to appropriate money and spend money and not know where that money is coming from. And, so, Mr. Speaker and Members of the House, I am of the opinion that what we have done on this issue and what we're doing now in this Conference Committee Report is indeed the correct posture. It is, in my view, the only possible, responsible position which this Assembly could take. The people across the rotunda in the Senate on both sides of the aisle, I think, agree with our position. And I hope that as we continue during the closing weeks of this Session we can look at both, the revenue and the spending side of State Government, because really, in my opinion, that is the only responsible thing we could do."
"The Gentleman from Macon, Representative Dunn." Dunn, John: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. As a rank and file Member who was not involved with any of the Leadership or summit meetings regarding this issue, I just rise to lament and express chagrin at the entire process which has taken place this week. We talk a lot here in the General Assembly about our obligation to fund State Government. We had a problem allegedly last week, a week ago today, which had to be taken care of at that time. It's now one week later and we've spent the entire week using the poor people of the State of Illinois and the sworn constitutional obligation 37 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 of each of us, to fund State Government as a bargaining chip and a bargaining chip to add people to the state payroll. There, of course, is controversy about whether adding people to the payroll for the purpose of collecting revenue in this instance is meritorious or not. It may be meritorious. Auditors can generate more revenue for the State of Illinois if they are properly trained, and if they have the proper background and qualifications and if they come on board and do their job. Sincere questions have been raised, however, about the timing of the new hirings, whether there should be new hirings and, of course, the ..without principle, employment of people with no appropriation from this General Assembly. That should have been a separate item. To tie the two together in the spirit of so-called responsibility, in the spirit of so-called compromise, casts a pall over the entire proceedings of this Body. The one thing that the people back home would like us to do is to stand up and be counted, to be courageous and not to compromise, to stand up and say this is what we really stand for, to hold to our guns, to stick to our guns. I feel certain that the taxpayers of this state are willing to pay the bill for general assistance and I feel certain that they will read the newspaper, listen to the radio, watch television this weekend and think to themselves, 'It sure is business as usual in the Illinois General Assembly'. I'm sorry to be a Member of the General Assembly on a day like this. Compromise today has an odor about it that I'm afraid has tainted us all, and I am reluctantly to go home bearing that odor. I'm ashamed to be a Member of the Illinois General Assembly."
"Representative Piel."
"I move the previous question, Mr. Speaker." 38 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982
"The Gentleman moves the previous question. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it and the Motion prevails. Representative Wolf to close." Wolf, J.J.: "Thank you, Mr. Speaker. Let me restate the Motion then. I now move, Mr. Speaker, that the House do adopt the Conference Committee Report #1 on House Bill 2211. What it recommends is the House concur in Senate Amendment #2 which makes the nineteen point seven million dollar transfer within the Department of Public Aid and the Senate recede from the Senate Amendment #3 and that the House was further amended to have the supplemental appropriation which we granted the Department of Revenue for a tax enforcement program. So, now, Mr. Speaker, I move that the House do adopt Conference Committee Report #1 on House Bill 2211."
"The question is, 'Shall the House adopt Conference Committee Report #1 to House Bill 2211?'. All in favor will signify by voting 'aye', all opposed by voting 'no'. Representative Currie, one minute to explain your vote. The T. V. camera light is off."
"Thank you, Mr. Speaker and Members of the House. The Governor has managed to play political hard ball with the lives of the poor for the last week in the State of Illinois. He's called my bluff. I'm going to vote 'yes' on this Conference Committee Report because the general assistance checks must go out. The Governor has also managed to disguise in the cloud of partisan political dust what really is going on in this Assembly. We are funding this program at a level that is inadequate to sustain body and soul and has been held lower than the adequate level this Assembly must support in order to meet the court requirement and in order to meet the dollars we decided the 39 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 general assistance program needed last year. In no way does our action today, because it's an appropria...appropriations measure, undercut the substantive language of the Public Aid Code, Chapter..Section 12-4.11 and I think that that record should be clear for all of us and for the poor people whose lives are at stake."
"The Gentleman from Cook, Representative Huff, one minute to explain your vote."
"Yes, Mr. Speaker. I feel constrained to state that, even though I'm going to vote for this measure, I think I should say it for the record that the Governor has over a six billion dollar bond indebtedness which has a debt service of over three hundred million dollars. And I'm going to predict right here and now, Mr. Speaker and Ladies and Gentlemen of the House, and to the taxpayers of the state, that we'll be back here again because this situation that we're deliberating now is just symptomatic of the fact that the Governor has led the state to the brink of bankruptcy, and we'll be here again to to...debate and deliberate on other issues of this type."
"Have all voted who wish? This is final action. Representative Davis, one minute to explain your vote."
"Well, I'm going to resist my natural inclination for political diatribe in the spirit of compromise. And I don't really rise, Mr. Speaker, for that purpose, but to incur a minor violation of the rules, and introduce one of the finest Lutheran schools in the state, the Zion Lutheran School from Beecher, Illinois, my home town, represented by Art Bloom, its fine principal, Representative Leinenweber and Van Duyne. Thank you very much, Sir."
"Representative Leverenz, one minute to explain your vote." 40 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. If you will consider for a moment something you can watch in the future, the thirty-five million that is estimated to be collected, I think the whole idea of collecting additional revenues is a sham and provides a cover-up for the real action of hiring people for which we never appropriated money. The Department of Revenue's figures that they provide in the actual and projected revenue collections for fiscal '81 and fiscal '82 and the projected '83 show a continuing decline...declining amount of collections within the Department of Revenue on a monthly basis from the regular employees that we appropriated money for, somewhere in the area of about five hundred people. It gets to the point that in the FY '83 projection ..."
"Representative Henry, one minute to explain your vote."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I listened to what Representative Mike Madigan pointed out and I totally agree with him 100 percent because the Leader had his mind set on trying to make the Governor understand we've got to take care of the needy. And I'll stand with Mike Madigan and say today to you, Mr. Speaker and Ladies and Gentlemen of the House, that we have to learn to start taking care of the needy and forget the greedy. We have to learn to stop, not swallowing our pride, but setting it aside, like our Leader, Mike Madigan. So, therefore, I'm supporting Mike Madigan on his stand."
"I'm sure you are. Representative Friedrich."
"Mr. Speaker, I just want to ask a couple of questions. Who was it a week ago who refused to try to work out a compromise? Not the people on this side of the aisle. Who was it that failed to bring the people down 41 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 here for a quorum so we could work on it Monday? Not the people on this side of the aisle. We had two problems. This is a solution. We...It could have been solved a week ago if we'd had some cooperation from the other side of the aisle."
"Representative Kosinski, one minute to explain your vote."
"Mr. Speaker, I've been a Member of the Appropriations Committee for 12 years, working from eight o'clock in the morning on occasion until the end of the evening, on the presumption that the legislative process of appropriation was fundamental. I can only vote for this Bill because of my interpretation of the Republican vote in the House and the Senate which stopped the hiring of these people without the appropriation process ..was that ...It's actually an admission of guilt, of violation of that process. So I, with some dignity, I will be able to vote 'yes'."
"Yes, I'd like to remind the Body that the television cameras are off. Representative Bower, one minute to explain your vote."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'm going to vote for this Bill because I think it's the responsible thing to do. I look at the voting board and I see those voting 'no'. It's going to be popular to go home and put out your press release and say how you didn't vote to spend any of the taxpayers' money. On the other hand, you'll go home and tell the poor how you're on their side; you want to help them out. You'll vote for legislation that will send..spend the state into bankruptcy, but you won't vote for the tax auditors and revenue collectors that it takes to pay for those programs. The responsible vote is 'aye'."
"One minute to explain his vote, Representative 42 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 vote."
"Thank you very much, Mr. Speaker. My 'no' vote is very consistent with the posture I've taken over the past two weeks on what started out to be 2204. The main issue here is strictly the legislation passed in '79 that stopped the Road Fund diversions offered by then Minority Leader, David Shapiro. I don't care how you cut the mustard, the funds, about four million dollars, are coming from the Road Fund and specifically that is not the place to put the dollars for the revenue agents. I will maintain that posture. I'm glad to see the roses passed from each side of the aisle here, Democrat to Republican. But I do find it difficult for Members of the Assembly to accept, abrogating their responsibilities as a Legislative Branch in lieu of the Executive's position on this issue. I'm proud to vote 'no', will continue to do so as you take as you go along the process."
"Representative Robbins, one minute to explain your vote."
"I follow Representative Davis' lead. I would like to introduce in the gallery to the upper left New Hope School. It's not a big school, but the quality is excellent. Will you stand please?"
"Representative Levin, one minute to explain your vote."
"Mr. Speaker, I'm not sure who that is, but I'll go on anyway. In explaining my 'aye' vote, I would like to make clear for the record that in voting for the 19.7 million dollars for general assistance I am not supporting a funding level of 144 dollars. The court has mandated 162. I think we're going to be close to a contempt of court if we do not fund it at that level, and I understand there is another supplemental coming through in June so that I am 44 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 hopeful that the 19.7 million will be used to fund at the 162 level; and we can come back in June and come up with the additional 3.7 million dollars. Finally, I just wanted to make this record very clear. I had also asked of the Department of Public Aid a couple of days ago for..."
"Representative Conti, one minute to explain your vote."
"Mr. Speaker, Ladies and Gentlemen of the House, this won't take one minute. It's very interesting up there to see the Democratic 'no' votes on this. Not a one is from the City of Chicago."
"The Lady from Sangamon, Representative Oblinger."
"Mr. Speaker and Members of the General Assembly, I resent the fact that we are continually being fed that we don't care about the poor. This Bill is giving the money primarily for welfare recipients in Chicago. The people in my district aren't clamoring for it. We're voting for it because we are concerned with the poor and I'm getting tired of being told that we aren't."
"Representative McBroom, one minute to explain your vote."
"Well, not to explain my vote, Mr. Speaker. We've been here since Monday. The Roll Call is 150 to 20, 148 to 19. I really think it's...over ten or fifteen people have already explained their vote, Mr. Speaker. Maybe there's a way of asking this before. You can inquire of the Parliamentarian to force all the Members to explain their vote on all Roll Calls. That way we could be here 12 months a year."
"Did you wish to verify the Roll Call, Representative?"
"Yes. That would be great."
"Representative Rigney, one minute to explain your 45 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 vote."
"Well, Mr. Speaker, I had a rather lonely position yesterday as only one or two Republicans that voted 'no' on the first go-around on this. I guess we're around to playing the game of cooperation today so I'll get on board for that. We've taken care of the poor; we've taken care of the revenue agents. But, Mr. Speaker, I'm going to hold you personally responsible along with the Governor for doing everything possible we can for that highway system in the State of Illinois. And my actions the rest of this term are going to be directed in that ..in that particular direction."
"Well, I'm glad to see you're going to finally take some action, Representative. Your constituents will be glad to hear that. Take the record, Mr. Clerk. On that question there are 149 voting 'aye', 18 voting 'no' and none voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Wolf." Wolf, J. J.: "Yes, Mr. Speaker, I would now ask leave of the House that we go to the Order of Senate Bills Third Reading, so we can take..."
"I don't believe you need leave of the House, Representative. We will just move to the Order of Senate Bills Third Reading. On page ten, Senate Bill 1394, Representative Wolf. Read the Bill."
"Senate Bill 1394, a Bill for an Act to amend an Act making certain appropriations. Third Reading of the Bill."
"Representative Wolf." Wolf, J. J.: "Thank you, Mr. Speaker, and Members of the Assembly. Senate Bill 1394 provides the supplemental appropriation for Fiscal Year 1982 of $1,911,000 from the traffic and criminal convictions surcharge fund for 46 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 110th Legislative Day May 14, 1982 reimbursement of the police training costs of local government agencies. In addition, it transfers 35,000 from the mines subsidence insurance program to the agents and brokers testing line item within the Department of Insurance's FY '82 appropriation. And as I mentioned yesterday, this transfer is necessary to meet the cost of the June 12 and 26 licensure examinations. The deficiency in the testing line cannot be remedied by the 2 percent transfer, and I would move for the passage of Senate Bill 1394."
"Is there any discussion? The question is, 'Shall Senate Bill 1394 pass?' All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Take the record, Mr. Clerk. On this question, there are 159 voting 'aye', 1 voting 'no', and 1 voting 'present', and this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Telcser."
"Mr. Speaker, I now move the House stand adjourned until Tuesday, May 18, the hour of 12:00 noon."
"The Gentleman moves the House stand adjourned until Tuesday, May 18, the hour of 12:00 noon. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the House now stands adjourned." 47