"The House will be in order, and the Members will please be in their seats. The Chaplain for today is Father Eugene Costa from the Cathedral of the Immaculate Conception of Springfield, Illinois. Father Costa."
"Let us pray. Oh Lord, our God, we praise You for Your wisdom and goodness, and we pray for these men and women, our elected Representatives. Help them to know the best thing to do. Give them a special concern for the poorest and the neediest among us, and lead us all in the ways of peace and justice. We pray through Christ, our Lord. Amen."
"Thank you, Father. We'll be led in the pledge today by Representative Pechous."
"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 Ropp has a soccer team and a hockey team that he's going to introduce in a little bit with cheerleaders. Representative Kulas, do you seek recognition?"
"Thank you, Mr. Speaker. Some people have been asking me. Can you tell us what the schedule will be for the rest of this week?"
"We'll be in 'til Sunday at 10:00 a.m. We'll recess for services and be back at 2:00. Representative Friedrich, for what purpose do you seek recognition?"
"Well, Representative Topinka told me yesterday she was quite disappointed that she did not get to participate in the pyramid, because that had been her job in school. And, the next time that happens, I'd like to request that 1 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 she be allowed to do that."
"Representative Madigan. Representative Getty. Representative Matijevich. Representative Giorgi. Are there any Democrat leaders on the floor? Representative Kornovicz. Do you have any excused absences, Representative? None. Representative Giorgi, nice to see that you could be with us this morning. Did you care to give us a report on the absentees or excused absences?"
"Mr. Speaker, I'd like to respectfully ask that the same absentees that were excused yesterday be excused again today for the same reasons."
"Right. The record will so indicate, Representative. I see we now have Representative McClain on the floor, too. Let the record indicate that; that Representative McClain... Representative Telcser, do you have any excused absences? Representative Telcser, excused absences."
"Could the... Will the record show that Representative Macdonald is absent both yesterday and today because of illness?"
"The record will so indicate. Representative Telcser, for what purpose do you seek recognition?"
"Mr. Speaker and Members, just to take a moment to introduce some guests we have with us today who are from the Speaker's district. Mr. and Mrs. George "Hawker' who are in the Republican gallery and their son, Robbie, and daughter, Hilary, both of whom are at the podium with the Speaker."
"Take the record, Mr. Clerk. With 166 Members answering the roll, a quorum of the House is present. Introduction and First Reading of House Bills."
"House Bill 2688, Sandquist, a Bill for an Act to amend an Act in relationship to the rate of interest and 2 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 other charges in connection with the sale on credit and lending of money. First Reading of the Bill."
"Page three of the Calendar, under the Order of Amendatory Veto Motions appears Senate Bill 1299, Representative Birkinbine."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to concur with the Governor's action on Senate Bill 1299. I think you will remember that as the so-called enterprise zone Bill. The Governor's actions were primarily the deletion of a couple tax credits that were inserted in the Bill. The Governor felt that these would be too expensive for the state and has elected to take them out. This is a Bill that received extensive debate on the floor of the House and analysis. I would like to thank Representative Lechowicz for all his work on this Bill. The Senate also agreed to concur in this Bill by a vote of 55 to 2, and I would ask that the House follow in like fashion. Thank you."
"Is there any discussion? The Gentleman from Cook, Representative Kosinski."
"I wonder if the Sponsor of the Motion would yield for my edification?"
"Indicates that he will."
"Mr. Birkinbine, I'm not totally familiar with precisely what the Amendments did to this Bill. I know of the condition of which we passed it; but, when we say relaxed, what do we mean relaxed? What exactly has happened? Give it to me succinctly, will you?"
"We.. In the Bill we had built in two tax credits; one, the job tax credit and, secondly, a utility tax credit that would apply for five years to a company that started up in an enterprise zone. The administration felt that the state could not afford that, and it removed those tax 3 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 credits."
"So, actually, who's being injured by the removal of those tax credits?"
"I'm sorry?"
"Who is being injured by the removal of those tax credits - big business?"
"Companies that would set up. It... I think what he did was to remove two incentives that we thought were good, but that's what he felt he had to do. The Governor felt they were too expensive."
"Thank you."
"Any further discussion? Gentleman from Cook, Representative Birkinbine, to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I, again, would move that we concur with the Governor's action. To reiterate, the Senate did such to the tune of 55 to 2. While this isn't the whole loaf that we had sought, it is a half loaf, and that's better than nothing. And I would ask 'aye' votes on concurrence."
"The question is, 'Shall the House accept the Governor's specific recommendations for change with respect to Senate Bill 1299 by adoption of the Amendment?'. All in favor will signify by voting 'aye', all opposed by voting 'no'. 89 votes. Have all voted who wish? Have all voted who wish? Have all voted who wish, Mr. Getty? Take the record, Mr. Clerk. On this question there are 143 voting 'aye', 1 voting 'no', 11 voting 'present'. And the Motion, having received a Constitutional Majority, prevails, and the House accepts the Governor's specific recommendations for change regarding Senate Bill 1299 by adoption of the Amendment. Page three of the Calendar, under the Order of Amendatory Veto Motions, appears Senate Bill 1305, Representative Ewing." 4 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 143rd Legislative Day
"Mr. Speaker, Ladies and Gentlemen of the House, I have made a Motion to accept the Governor's amendatory veto of the drug paraphernalia Bill. In lieu of language deleted, he has added these provisions; that the provisions of any ordinance enacted by any municipality or unit of local government which imposes the same or greater restrictions or limitations upon the availability of drug paraphernalia, as defined herein, including the acquisition, sale or delivery of such items, are not invalidated by the effect of this Act. And I would move for its... the adoption of this Motion, the approval of his amendatory veto."
"... discussion? The Gentleman from Cook, Representative Cullerton."
"Will the Gentleman yield? Mr. Ewing."
"Yes."
"Could you tell us what language was struck, as a result of the Governor's amendatory veto?"
"On page six, line 33 through 35, deleting everything following Section 7 on page seven and deleted... and on page seven, deleted lines 1 through 5."
"Okay. And, in effect, what did that language say?"
"It said prohibi... prohibitions equal to but different from could still be enforced, and the problem was they felt it was awkward language and that this was clearer. It probably would result in less court challenges of the enforcer of the ordinance."
"Well, you were the original Sponsor of the Bill."
"I was the House Sponsor, correct."
"And, wasn't this language the language that you wanted when we passed the Bill?"
"Well, I had no objection to the language. I think, when you read what the Governor has put in, I feel that it maybe makes it a little clearer. It may be a little better 5 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day grammar."
"Alright. Well, with December 2, 1982 respect to our original legislative intent when we passed this Bill, what was your intent with respect to the powers of home-rule units in passing laws that related to the drug paraphernalia field?"
"I think that we only wanted this legislation to be a floor. We didn't want to prohibit home-rule units from taking stricter action, stricter enforcement of drug paraphernalia."
"Well, isn't that what the original language said?"
"I think it both says that, and I think it's a matter of semantics. You may like this less than you liked the original language, or you may not. I happen to think it's equally as good."
"Alright. I have no further questions. Thank you."
"Is there any further discussion? The Gentleman from Cook, Representative Kosinski."
"Will the Gentleman yield?"
"Indicates he will."
"When we were hyphenated Cosponsors on this Bill, did we ever talk of the condition of preemption where we'd give the state more power than the local municipalities in enforcement?"
"I don't think we intended to preempt in this Bill."
"There was no such attempt at that time. Was there?"
"No. That's correct."
"And now this actually enforces the ability of the local municipalities to preempt whatever laws the state has. Doesn't it?"
"So... So long as their laws are stricter."
"Stricter. I see."
"Right."
"So, the... in the final analysis, we lose nothing in 6 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 terms of enforcement."
"That's correct."
"Thank you."
"Any further discussion? Ols...Representative Olson's seatmate, Representative Ewing, to close."
"Mr. Speaker, Ladies and Gentlemen of the House, I think that the wording here is clear. I think the intent of the Governor's Office is merely to clear up the language, to make it less subject to contest in the courts, and I would encourage a 'yes' vote on this."
"The question is, 'Shall the House accept the Governor's specific recommendations for change with respect to Senate Bill 1305 by adoption of the Amendment?'. 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', none voting 'no', 5 voting 'present'. And this Motion, having received the Constitutional Majority, prevails, and the House accepts the Governor's specific recommendations for change regarding Senate Bill 1305 by adoption of the Amendment. Page three of the Calendar, under the Order of Amendatory Veto Motions, appears Senate Bill 1532, Representative Hastert."
"Mr. Speaker, Ladies and Gentlemen of the House, Senate Bill 1532 was a Bill that was passed to allow assessors, the supervisors of assessors, to get a certain amount of education, 48 hours of education, in order to qualify for stipend. The Bill was amended several times. One of the Amendments is a request of Representative Wolf, Sam Wolf, was a change, and that change has been made. That was what the amendatory veto was, and I've checked it with both sides. And I ask for your positive Roll Call vote."
"Is there any discussion? The Gentleman from 7 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 Madison, Representative Wolf." Wolf, Sam: "Thank you, Mr. Speaker and Members of the House. Representative Hastert is entirely correct. Any objection I had to this Bill was removed with the Governor's amendatory veto, and I would simply move to support the Gentleman's Motion to concur in the amendatory veto. Thank you."
"Further discussion? The Gentleman from Cook, Representative Yourell."
"Yes, Speaker, where would I find that on the Calendar?"
"Page three, Amendatory Veto Motions, Senate Bill 158... or Senate Bill 1532."
"I don't see that on a Motion on the Calendar."
"Well, if you look on page three of the Calendar, under Amendatory Veto Motions..."
"I'm sorry. I see it. Thank you."
"If you've got today's Calendar and you can read, there shouldn't be any problem with it. Representative Hastert, to close."
"Mr. Chairman, Ladies and Gentlemen of the House, again, I just ask for your affirmative Roll Call vote on this Bill."
"The question is, 'Shall the House accept the Governor's specific recommendations for change with respect to Senate Bill 1532 by adoption of the Amendment?". All in favor will signify by voting 'aye', all opposed by voting 'nay'. Have all voted who wish? On this question there are 162 voting 'aye', none voting 'no, none voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. This Motion, having received the Constitutional Majority, prevails, and the House accepts the Governor's specific recommendations for change regarding Senate Bill 1532 by adoption of the 8 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 Amendment. Representative Giorgi."
"Mr. Speaker, I have an announcement to make. In the gallery to my right over the Republicans, there are the group of seniors that call themselves the Get-Away Seniors from the Rockford land area, and they're on a trip throughout the state to infect the rest of the state with that infectuous Rockford optimism. Up in the gallery up above the Republicans."
"Representative DiPrima, for what purpose do you seek recognition?"
"Yes, Sir. Mr. Speaker, Ladies..."
"Could I have your attention, please? Representative DiPrima has the floor."
"Mr. Speaker, Ladies and Gentlemen of the House, we have a group of veterans upstairs, led by Dennis 'Gurnzie', the legislative chairman for the disabled American veterans and other veterans amongst all of them. I would like to have you acknowledge their presence. Thank you."
"Welcome. Welcome, gentlemen. Nice to have you with us. Representative Telcser."
"Mr. Speaker, I now move the House stand in recess until the hour of 3:00 p.m. this afternoon. ... House stand in recess until 3:00 this afternoon."
"Gentleman moves the House now stand in recess until the hour of 3:00 p.m. All in favor signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the House now stands in recess 'til 3:00 p.m. If I could have your attention for a minute, please. Representative Madigan has a task force, and those of you on the Democrat side that are on the task force please report to Representative Madigan's office immediately, if not sooner. The House will be in order, and the Members will please be in their seats. Representative Kornowicz, for what purpose do 9 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 you seek recognition? Clerk, for a change of vote."
"Representative Steczo requests to vote 'aye' on Senate Bill 1299."
"The Gentleman asks leave to be recorded on Senate Bill 1299. Are there any objections? Hearing none, leave is granted. On the Calendar on page three, under the Order of Amendatory Veto Motions, appears Senate Bill 1581, Representative Birkinbine."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 1581 was a model Bill put forward by the National Association of Insurance Commissioners. It was designed to broaden the types of groups that can be written in Illinois making group life insurance available to a wider section of people. It passed this House with a unanimous vote, 157 to 1, and the Senate 54 to nothing. It was supported by the Illinois Life Insurance Council, the Illinois Federation of Teachers and the 'Benae Brith' among other groups. When the Bill got to the Governor's Office, the Department of Insurance asked that an amendatory change be made, which he did. Afterward, the Department realized that that change was duplicative and unnecessary and asked... or agreed to override that veto, which again was fine with the Governor. I know of no one who has objected to this action. The Senate overrode the veto... overrode the amendatory veto to get the Bill back in its original, clean form by a vote of 50 to nothing, and I would ask that we do the same."
"Is there any discussion? The Gentleman from Winnebago, Representative Mulcahey."
"Question of the Sponsor, Mr. Speaker."
"He indicates he'll yield."
"Representative Birkinbine, if this were... if this were adopted, what would the effect of credit unions, in 10 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 offering group life insurance to their members, be? Would this affect it in... in any way, shape or form?"
"Credit unions?"
"Yes."
"I don't think..."
"Could this have... Could this have any effect in excluding credit unions of offering life insurance to its members?"
"To the best of my knowledge, no. Not at all. It's designed to make it easier for more groups to write such group insurance, not harder."
"Okay."
"Any further discussion? Gentleman from Cook, Representative Birkinbine, to close."
"Thank you, Mr. Speaker. I would just ask for an affirmative vote on this override Motion. I know of no opposition."
"The question is, 'Shall the House accept the Governor's specific recommendations for change with respect to Senate Bill 1581 by adoption of the Amendment?". All in favor will signify by voting 'aye', all opposed by voting 'nay'. move to override. Pardon me. There's too much action up here. The question is, 'Shall Senate Bill 1581 ... pass, notwithstanding the Governor's specific changes for recommendation?". 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 153 voting 'aye', none voting 'no', none voting 'present'. This Motion, having received a three-fifths Constitutional Majority, prevails and is declared passed, notwithstanding the Governor's specific recommendation for change. On the Calendar on page three, under the Order of Amendatory Veto Motions, appears Senate Bill 1599, 11 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 Representative Piel."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would move that we... (cut off)... I would move that we accept the Governor's recommendation on House... or on Senate Bill 1599. The majority of the changes are technical in nature. He did want to change one Section of it, as far as the effective date, to July 1st of '83, and probably the most major area of it was in reference to we had tried increasing the rental and leasing area of the Bill from one to five years. After further study and talking to the Department of Revenue, we found out that this would cost the state approximately 20 million dollars a year. And so, I have agreed with the Governor on his amendatory veto, and I would ask for a favorable vote on Senate Bill 1599."
"Is there any discussion? The question is, 'Shall the House accept the Governor's specific recommendations for change with respect to Senate Bill 1599 by adoption of the Amendment?'. All in favor will signify by voting 'aye', all opposed by voting 'nay'. Have all voted who wish? Take the record, Mr. Clerk. On this question there are 150 voting 'aye', 6 voting 'no', 3 voting 'present'. And this Motion, having received a Constitutional Majority, prevails, and the House accepts the Governor's specific change... recommendations for change regarding House (sic - Senate) Bill 1599 by adoption of the Amendment. On the Calendar on page two, under the Order of Senate Bills Third Reading appears Senate Bill 1667, Representative Vinson. Read the Bill, Mr. Clerk."
"Senate Bill 1667, a Bill for an Act to amend the Illinois Bank Holding Company Act. Third Reading of the Bill."
"Representative Vinson, on Senate Bill 1667." 12 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day
"Thank you, Mr. Speaker, December 2, 1982 Ladies and Gentlemen of the House. Senate Bill 1667, as amended, does one thing. It conforms Illinois law regarding the issuance of municipal bonds to the requirements of the tax Bill that Congress enacted this past year. Under the terms of this tax Bill that Congress enacted, municipal bonds to be eligible for the tax exemption which they now have are required to be issued in what is called 'registered fora'. In registered form, the name of the owner of the bond appears on the bond. The bond is not in what is called bearer form. What this Bill does is to permit municipal corporations in the State of Illinois to issue bonds in that registered form and, thereby, to conform to the requirements of the tax Act and, for that purpose, to enable municipal corporations in the state to continue to avail themselves of tax exempt status. It's important not only for municipalities, it's important for the construction industry in this state as well, because ve don't want to inhibit any construction that might occur. For those reasons, I would move for passage of Senate Bill 1667."
"Is there any discussion? The question is, 'Shall Senate Bill 1667 pass?'. All in favor will signify by voting 'aye', all opposed by voting 'no'. Have all voted who wish? Take the record, Mr. Clerk. Representative Vinson. Representative Vinson."
"With that kind of a Roll Call, I think we ought to poll the absentees."
"Gentleman requests a Poll of the Absentees. On this question there are 166 voting 'aye', none voting 'no' and ... and none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Page two of the Calendar, under the Order of Senate Bills Second Reading, appears Senate Bill 501." 13 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day
"Senate Bill ..." December 2, 1982
"Representative Keane. Read... Read the Bill, Mr. Clerk."
"Senate Bill 501, a Bill for an Act to amend the Election Code. Second Reading of the Bill. No Committee Amendments."
"Representative Yourell, are you the Sponsor of this Bill? Are there... Are there any Amendments from the floor?"
"Amendments #1 through 17, I believe, are being withdrawn. Amendment #1, Bowman - Currie, amends Senate Bill 501 on page one, line five and so forth."
"Representative Currie, on Amendment #1. Withdraw? Withdraw Amendment #1. Further Amendments."
"Amendment #2, Bowman - Currie, amends Senate Bill 501..."
"Representative Bowman, Amendment #2. Withdraw Amendment #2. Further Amendments."
"Amendment #3, Bowman - Currie, amends Senate Bill 501..."
"Representative Bowman, Amendment #3. Withdraw Amendment #3. Further Amendments."
"Amendment #4, Levin - Watson, amends Senate Bill 501..."
"Representative Levin, on Amendment #4. Withdraw Amendment #4. Further Amendments."
"Amendment #5, Collins, amends Senate Bill 501. Collins."
"Representative Collins, on Amendment #5. Withdraw Amendment #5. Further Amendments."
"Amendment #6, Collins, amends Senate Bill 501..."
"Representative Collins, on Amendment #6. Withdraw Amendment #6. Further Amendments." 14 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982
"Amendment #7, Ralph Dunn - Richmond, amends..."
"Representative Dunn, on Amendment #7. Withdraw Amendment #7. Further Amendments."
"Amendment #8, Currie - Bowman - et al, amends Senate..."
"Representative Currie, on Amendment #8. Withdraw Amendment #8. Further Amendments."
"Amendment #9, Collins, amends Senate Bill 501..."
"Representative Collins, on Amendment #9. Withdraw Amendment #9. Further Amendments."
"Amendment #10, Yourell - Winchester. Yourell."
"Representative Yourell, on Amendment #10. Withdraw Amendment #10. Further Amendments."
"Amendment #11, Yourell - Winchester, amends..."
"Representative Yourell. Withdraw #11. Further Amendments."
"Amendment #12, Yourell, amends Senate Bill 501..."
"Representative Yourell, on Amendment #12. Withdraw Amendment #12. Further Amendments."
"Amendment #13, Yourell, amends Senate Bill 501..."
"Withdraw #13. Representative Yourell. Further Amendments."
"Amendment #14, Yourell, amends Senate Bill 501..."
"Withdraw #14. Further Amendments."
"Amendment #15, Bowman - Schneider - Currie, amends Senate Bill 501..."
"Representative Bowman, on Amendment #15. Withdraw #15. Further Amendments."
"Amendment #16, Currie - et al, amends..."
"Representative Currie, on Amendment #16. Withdraw 16. Further Amendments."
"Amendment #17, Bowman - Currie..."
"Bowman, #17. Withdraw #17. Further Amendments." 15 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982
"Amendment #18, Keane, amends Senate Bill..."
"Representative Keane, on Amendment #18."
"Withdraw Amendment #18. It's defective."
"Withdraw #18. Further Amendments."
"Amendment #19, Keane, amends Senate Bill 501 by deleting the title..."
"Representative Keane, Amendment #19."
"Thank you, Mr. Speaker. Amendment #19, which becomes the Bill, it strips the previous Bill and inserts the... or changes the reporting date or the repealer date of the Local Government Accounting Task Force. We tried to do this last... two weeks ago by a Joint Senate... Joint Resolution which was sufficient, from what I gather, to change the reporting date; but, since the Bill had a repealer date, we have to do this. So, what this does is it removes the repealer date from the Bill. I'd be happy to answer any questions and ask for a favorable Roll Call."
"Representative Klemm."
"Will the Sponsor yield? Representative Keane, does this really do away with any sunsetting of either of the Commissions; because, being a member of the Chain of Lakes Fox River Commission which is one of those listed in here, I'm not too concerned about the reporting dates no later than, but that, from time to time thereafter is what concerns me. Is this, in effect, creating an unlimited authority for these two Commissions to stay in business?"
"The task force, yes, it does. We found that, in our... what the task force's main task is and will be is to look to the only part of the 1970 Constitution that is not yet implemented and that is the Section in the Finance Act which says the state will develop reporting, accounting and auditing procedures for units of local government. As we've held hearings... The reason that we're late in this 16 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 is that, while the Bill was passed in August, signed by the Governor in August of '81, we did not have appointments to the Committee or to the task force until February of '82, and we had an organizational meeting. It was either in late February or early March of '82. So, we need that time. We've also held hearings, some preliminary hearings, both in northern Illinois and downstate that indicates that it's going to be a longer task than anticipated based on the response of the local mayors, school districts and so on. I... It's a bipartisan task force, and I think I speak for both sides of the aisle when I indicate the fact that there are findings that it will take longer than March and probably extend into next year. We are not asking for any further money on this Bill."
"We do that every year, though. We appropriate the monies every year."
"Yes, I... We will probably, depending on the will of the task force, we may or may not come in for an appropriation."
"Any discussion? Any further discussion? Representative Keane, to close."
"I'd just ask for a favorable Roll Call."
"Gentleman moves for the adoption of Amendment #19 to Senate Bill 501. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the Amendment's adopted. Further Amendments."
"No further Amendments."
"Third Reading. Representative Yourell, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. I'd like unanimous consent to hear Senate Bill 501 on Third Reading."
"The Gentleman asks leave to have Senate Bill 501 heard immediately. Are there any objections? Are there 17 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 any objections? Representative Huskey, for what purpose do you seek recognition?"
"I object, Mr. Speaker."
"Representative Yourell."
"I promised you I'd get you that retired plate, Herb. I now move, Mr. Speaker, to have Senate Bill 501 heard on Third Reading."
"The Gentleman moves to suspend the appropriate rules so Senate bill 501 can be heard immediately. All in favor will signify by voting 'aye", all opposed by voting 'no'. Representative Huskey."
"Parliamentary inquiry, Mr. Speaker. Is that Motion on the Calendar? Has it been filed with the Speaker... the Clerk?"
"No, it's not, STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 Clerk. On this question there are 136 voting 'aye', 19 voting 'no', 4 voting 'present'. Representative Huskey, for what purpose do you seek recognition?"
"I wish to verify the Roll Call, Mr. Speaker."
"Gentleman asks for a verification of the roll. Representative Yourell calls for a Poll of the Absentees. Poll the absentees, Mr. Clerk."
"Poll of the Absentees. Abramson. Barr. Bianco. Ralph Dunn. Farley. Dwight Friedrich. Garmisa. Henry. Hoxsey. Katz. Macdonald. Mays. McBroom. Irv Smith. Vitek. Winchester. Woodyard, and Mr. Speaker."
"Representative Hoxsey."
"Vote... Would you please vote me 'aye', please?"
"Record Representative Hoxsey as 'aye'. Representative Huskey persists in his call for a poll... verification of the Roll Call, the positive Roll Call. So, read the Affirmative Roll Call, Mr. Clerk."
"Poll of the Affirmative..."
"Representative Yourell."
"Representative Stearney asked to be verified. He's in the middle aisle."
"Proceed, Mr. Clerk."
"Poll of the affirmative. Ackerman. Alexander. Alstat. Balanoff. Barkhausen. Barnes. Beatty. Bell. Birkinbine. Boucek. Bowman. Bradley. Braun. Breslin. Brummer. Bullock. Capparelli. Carey. Catania. Chapman. Christensen. Collins. Conti. Cullerton. Currie. Daniels. Davis. Deuster. DiPrima. Domico. Donovan. Doyle. Jack Dunn. John Dunn. Ebbesen. Epton. Ewell. Ewing. Favell. Flinn. Virginia Frederick. Getty. Giglio. Giorgi. Greiman. Grossi. Hallstrom. Hanahan. Hannig. Hastert. Hoffman. Horsey. Huff. Jackson. Jaffe. Johnson. Jones. Kane. Karpiel. Kasper. Keane. 19 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day Jim Kelley. Kulas. Kustra. December 2, 1982 Dick Kelly. Kornowicz. Kosinski. Krska.
Laurino. Leinenweber. Speaker Ryan: "Just a minute, Mr. Clerk. Leon. Leverenz." Representative Vinson, for what purpose do you seek recognition?"
"Mr. Speaker, how am I recorded?"
"How's the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"ΜΙ. Speaker, would you change my 'aye' vote to a 'no' vote?"
"Change the Gentleman to 'no'. Representative Conti."
"Speaker, change my vote from 'aye' to 'no'."
"Change the Gentleman from aye to 'no". Representative Collins."
"Mr. Speaker, change me to 'no', please."
"Change Mr. Collins to "no". Representative Ebbesen."
"Yes, Mr. Speaker, may I have my vote changed from 'aye to 'no', please?"
Speaker Ryan: "Change the to Gentleman from 'aye' to 'no". Representative Kasper. Change the Gentleman from 'aye 'no'. Representative Alstat."
"Mr. Speaker, change my vote from 'aye' to 'no', please."
"Change the Gentleman's vote from aye to no". Representative Olson."
"Mr. Speaker, please change my vote from 'aye' to "no"."
"Change the Gentleman's vote from 'aye' to 'no'. Representative Ewing."
"Change my vote to 'no', please."
"Change the Gentleman's vote to "no". Representative Winchester." Winchester: ΠΜΣ. Speaker, I don't believe I'm recorded, but record me as voting "no*." 20 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE Speaker Ryan: "Record the Gentleman as 'no'. Representative Margalus."
"Change me to 'no', please."
"Record the Gentleman as 'no'. Any more changes? Representative Boucek."
"Mr. Speaker, please change my 'yes' to a 'no' vote."
"Change the Gentleman to 'no'. Representative Jack Dunn."
"Change my 'aye' to 'no', Mr. Speaker."
"Change him to 'no'. Representative Sandquist."
"Change my 'aye' to 'no'."
"Change the Gentleman to 'no'. Representative Deuster. Change his vote to 'no'. Representative Reilly."
"Change my vote to 'no'."
"Change the Gentleman's vote to 'no'. Representative Tate. Change his vote to 'no'. Representative Jim Kelley. Change him from 'aye' to 'no'. Representative Birkinbine."
"Please change my vote to 'no'."
"Who did I just change? Representative Birkinbine from 'aye' to 'no'. I wonder if we can dump this Roll Call and start over. Does that have... Is that... Hang on before you do that, Mr. Clerk. Wait just a minute. turn out like the 39th Ward. I think we're going to dump this Roll Call and start over. Representative Kane, for what purpose do you seek recognition?"
"I object. I don't think that's provided for in the rules. We're in the middle of a verification..."
"Fine then. We won't do it, Representative. We'll proceed if that's what you want to do. That's fine. That's certainly your privilege. Representative Oblinger."
"Change to 'aye'..."
"Change her from 'aye' to 'no'. Representative 21 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 Robbins from 'aye' to 'no'. Representative Smith. Change him from 'aye' to 'no'. Representative McCormick from 'aye' to 'no'. Representative Bell from 'aye' to 'no'. Representative Ropp from 'aye' to 'no'. Representative Yourell."
"Yes, I don't want to jeopardize Representative Keane's Bill. If Mr. Huskey thinks this is my Bill, he's crazy, and that was proven on November 2nd. But I will take this out of the record, Mr. Speaker, and we'll act on it the first thing in the morning, if that's what the Gentleman objects to. So, with that, we'll take it out of the record. Withdraw my Motion. Can't. I changed my vote from 'aye' to 'no'. Can I do that? Thank you."
"Record Representative Yourell from 'aye' to 'no'. Representative Barr from 'aye' to 'no'. Piel from 'aye' to 'no'. Leverenz from 'aye' to 'no'. Now what's the count, Mr. Clerk? Representative Irv Smith. Representative Smith."
"How am I recorded?"
"How is the Gentleman recorded?"
"Gentleman's not recorded as voting."
"Vote me 'no'."
"Record the Gentleman as 'no'. What's the count, Mr. Clerk. In the center aisle we have a former Member, Representative... former Representative Chuck Campbell. Welcome back, Chuck. It's nice to have you. Representative Bradley."
"Mr. Speaker, I'd just like to reflect on what's taking place here on the floor in the last five minutes, and there's an old political saying - when you're in the Majority you should be kind to the Minority, because you may be in the Minority someday."
"Or you may not be here at all. Also an old 22 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 saying, Representative. Alright, now we can continue with the verification. Mr. Clerk, do you know where you were when you started the verification? The count is now 108 voting 'aye'. Proceed with the verification of the positive roll. Representative Tuerk from 'aye' to 'no'. Representative McAuliffe from 'aye' to 'no'. ... from 'aye' to 'no'. Swanstrom from 'aye' to 'no'. Alright, now you're at how many, Mr. Clerk? Alright. Now you're starting with 104, Representative. Do you persist in the verification? On this question there are 104 voting 'aye', 54 voting 'no', and the Gentleman's Motion fails. On page six of the Calendar, under the Order of Motions, appears House Bill 2658, Representative Friedrich."
"Mr. Speaker and Members of the House, this Motion was filed a couple of weeks ago after the Bill got out of Rules Committee. Obviously, if anything is going to get attention, it now will have to move pretty rapidly. This Bill would change the defense... (cut off)... This Bill would change the defense of insanity and put the... more of the burden of proof on the defendant. I would like to yield to Representative Darrow who is my legal counsel in this matter."
"Representative Darrow, on the Gentleman's Motion."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, what this Bill does is it shifts the burden of the insanity defense back to the defendant. When a defendant comes in and alleges that he... that he was insane at the time of the offense, the state's attorney, at the current time... at the present time, must show beyond a reasonable doubt that he was indeed sane at the time of the crime. What this Bill would do would be that, when the defendant comes in and alleges that he was insane at the time of the crime, he must show by clear and convincing evidence that 23 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 he was indeed insane. Secondly, at the present time, the test for sanity probably could be summarized by saying that you know right from wrong and you cannot conform your behavior to that standard. What this legislation does is remove the second part of that saying, 'conforming your behavior to the standard of right from wrong'."
"Is there any discussion? Representative Cullerton."
"Yes. Will the Sponsor yield?"
"Indicates he will. Who's going to respond, Representative Darrow? Representative... Yes. Representat... Direct the questions to Representative Darrow."
"When was this Bill introduced?"
"This was introduced probably in June. I know it was introduced sometime in June. I don't have the exact date."
"Well, was it ever assigned to a Committee?"
"I'm not sure. The mechanics of it are in the hands of the Republican Members of the House. I'm just a lonely Democrat sitting over here at their mercy."
"Maybe Representative Friedrich can answer that question for me."
"Representative Cullerton, it was introduced past the date where it could be assigned directly to Committee. So, it went to Rules, and it was not discharged from Rules Committee in those last few days. It was discharged two weeks ago."
"When was the Bill introduced?"
"June 28th, but that was beyond the date where it could go directly to a Committee. So, it was... went to Rules Committee, and we did not meet after that date until two weeks ago when it was declared an emergency by the Rules Committee." 24 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day
"Okay. Then was it assigned to a..." December 2, 1982
"Judiciary II, and this is the Motion to discharge Judiciary II and bring it to Second Reading."
"Did you request the Chairman of the Judiciary II Committee to have a hearing on this Bill?"
"I did not, because I... at the time I did it, I had hope that this Motion would be called last week so that we could move it through the House at that time. No, in answer to your question, the answer is no."
"Well, I think that it has... you.. Representative Friedrich, I think you'd consider this to be a very significant piece of legislation."
"And an emergency."
"Well, that's what the Rules Committee said, but... and I think that you're absolutely correct that there will be some changes in the law, but it's a very substantive change in the area of criminal law. And, as I understand it, there has not been one witness to come down to testify before any Members of the House to explain what form this change should take. And, this is... You say it's an emergency. I believe we had have this doctored for about 200 years. I think it might not be a bad idea to wait at least two months."
"Well, I think both of us are speaking to the substantive part. As to the Motion, you certainly have the right to vote against the Motion, and I would not..."
"Well, then my point is that it... I'm talking specifically about the Motion; that the Bill is of such a major significance and such a major change in the traditional criminal law that we've had around for 200 years that what you're, in effect, doing is asking for this major Bill to be passed without any input at all ...in the community, either from psychiatrists or people... or 25 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 prosecutors, from people who are defense lawyers, without anything at all, any guidelines, any legislative intent, without any testimony. And, we're suppose to act in this manner and; therefore, I'd have to oppose this Motion to discharge from a Committee when there wasn't even a chance to have any testimony. It's just too major a change. Ve don't know what's... what's in the Bill. It hasn't been distributed."
"The Bill was distributed last June."
"Well, it hasn't been distributed in such a fashion that we could read it. When was it distributed?"
"Last June."
"Last June, right. Well, I don't know that anybody keeps the Bills from, now in December, that vere distributed last June on that such date. So that... For that reason, I would oppose the Bill. I would ask that the Members on this side of the aisle just wait. Vote against this Bill and just wait until, in a few short months, when I can guarantee you there's going to be a number of proposals in this area with respect to the insanity defense, and there will definitely be some changes in the law. But, I just don't see the reason why we have to make the move this quickly and in this fashion."
"Well, Representative... Representative Cullerton, you have had six months to look it over, certainly, and I respect your right to vote against it."
"Any further discussion? Have you completed, Representative? The Gentleman from Cook, Representative Stearney."
"Would the Gentleman yield, Mr. Speaker?"
"Indicates he will."
"ΜΓ. Friedrich, what is the Senate going to do with this in the next month?" 26 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982
"Direct your question...oh."
"I don't... I'm not privy of what the President of the Senate would do in connection with that. I..."
"Well, do you have any assurances the Senate is even going to consider it?"
"I've never had the assurance, anytime I've introduced a Bill, the Senate would or would not pass it, Representative Stearney."
"Well, if that be the case, don't you think it's an exercise in futility for us to be..."
"Well..."
"... considering this matter at time, if they're just going to put it aside and conti... consider it?"
"I don't think. I think there's some people on the floor that would like to have an opportunity to vote for this Bill, and that's... If there are a majority who vote against it, then the Bill will not pass. That's the way everything works around here."
"Well, Mr. Speaker and Ladies and Gentlemen of the House, in addressing myself to the question, I would join with Representative Cullerton in opposition to this matter. This is a very, very serious concern the insanity defense - and I think it merits some consideration, some hearing by the Judiciary II Committee next Session. There is certainly no reason to move on this particular matter at this time without a hearing. Furthermore, Representative Tim Johnson and Representative Sam Vinson have introduced a Bill to this effect or will be introducing a Bill, and I think they should be given the opportunity to have that heard next Session and perhaps have input from various people in the criminal justice system. And maybe it will turn out to be a Bill similar to or maybe modified from Representative Friedrich. He can certainly join it as a 27 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 Cosponsor for that matter next Session, but I don't think we should act at this time. And, next Session the Democrats will control the Judiciary II Committee, and they'll give it very close concern... scrutiny. But at this time we should not act in haste and destroy a doctrine that's been around for 180 years. I would urge you to vote 'no'. Thank you."
"The Gentleman from Cook, Representative Kosinski."
"Dwight, you're a reasonable and conservative man, and I don't doubt that you are very much in philosophy of this Bill. At the same time, I do have the same concerns that Representative Cullerton and Representative Stearney have indicated. This is certainly a very, very sensitive area. This General Assembly have not heard all the facts in honor of the opposition or those people in support of the... of the concept. You're going to be back here next term. I think, and I concur with both the former speakers, I think we should hold this over, not subscribe to the Motion and go into this a little more thoroughly. The history of Illinois Judiciary will be based, in part, in mental situations, mental cases, on the outcome of this action. I think it's so very, very serious, and I'm not opposed to it. I don't even understand it thoroughly, not having heard it in my Committee, but I think we should hold this thing over. You'll be back next year. We'll give it a full hearing. We'll determine what should be done, what shouldn't be done, and I would very seriously ask that you scratch your Motion."
"Further discussion? Representative Friedrich, to close."
"Well, Mr. Speaker, certainly everyone on this floor has a right to vote his conviction on this matter, but I can tell you the probability is that someone in Illinois is 28 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 going to be killed by someone who gets freed on the insanity defense. There are people walking the streets today who are murderers who've copped out, because some smart lawyer was able to get them off on an insanity plea. Now, if that's what you want, vote 'no' on this. If you really feel that the people are hiding behind the insanity defense, vote 'yes'. I'll take the results or however the vote is and not criticize anybody for voting, but I want to remind you of what you're doing."
"Pursuant to Rule 66(a), the Gentleman moves to discharge Committee on Judiciary II from further consideration of House Bill 2655 (sic - 2658) and advance to the Order of Second Reading. All in favor will signify by voting 'aye", all opposed by voting "no". Have all voted who wish? Have all voted who wish? Take the record, Mr. Clerk. On this question there are 84 voting 'aye", 52 voting 'no' and 13 voting 'present'. The Gentleman's Motion fails. Page seven of the Calendar, under the Order of Motions, appears Senate Bill 1607, Representative Winchester."
"Thank you, Mr. Speaker."
"Representative Winchester."
"Thank... thank you, Mr. Speaker and Ladies and Gentlemen of the House. Pursuant to Rule 66(a), I move to discharge from the Committee on Revenue from further consideration of Senate Bill 1607 and advance to the Order of Second Reading, Second Legislative Day."
"Is there any discussion? The Gentleman from Will, Representative Davis."
"Thank you, Mr. Speaker. To the Motion, I rise in support of the Motion. I believe that we're having a very serious problem that faces the State of Illinois, fiscally, throughout the... throughout the whole fabric of our 29 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 budget. None is as serious at this point in time as what is currently going on in the Corporate Personal Property Tax Replacement Fund for local governments; and, when we put that Act in place in 1979, we set up a hold-harmless formula for an entitlement provision for 1978, whichever was greater or the base year as the years went by anticipating a growth in the Fund. At that year it was pegged at 530 million dollars, and the hold-harmless provision took care of things for a year. And, in the second year or the third year of payout, then a declination would start for those districts who had experienced a large growth in corporate personal property tax in 1976 or '78 in collections. Now we're faced with a problem where that Fund is down not to 530 million, not to 425 million; but, as of this morning, we think about 405 million dollars to be distributed next year. And it means that 74% of the taxing districts in the State of Illinois are going to experience a serious declination of from 1 to 40% of their replacement tax revenue. Now, 1607 passed the Senate Bill 57 to 2 last June and got over to the House where it stayed in the Rules Committee, because we didn't know what the experience was going to be. Here we sit now with the notion that there are going to be some dramatic losers, if this hold-harmless entitlement provision is not extended the 1978 hold-harmless provision is not extended. There will be very few winners. Some 15% of the state's taxing districts will win, but their win will be at the expense of the others and will be small, 1 to 2% at best, while 75, almost 75% of the taxing districts will lose tremendously if the formula is not re-allocated and the hold-harmless is not put in to place. That's the Motion. That's the notion of the Bill. We'd like to get it to Second Reading so we can have full debate and let people take a crack at 30 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 Amendments or whatever, and I recommend to you that this Motion should pass and the Bill should be advanced to Second Reading, Second Legislative Day."
"Further discussion? The Gentleman from Lake, Representative Pierce."
"Mr. Speaker, what brought about this crisis was our Governor, James Thompson. Three years ago, the House and the Senate passed the personal property tax replacement Bill, which came out of the House Revenue Committee originally, establishing a 2.85% corporate income tax rate to replace the personal property tax. Governor Thompson told us that was too much. You be... built up too much of a replacement, and it would be a great windfall for local governments and schools. And, in his usual way, he amendatorily vetoed that Bill, cut it down to 2.50% - two and a half percent - which it's existed since January 1st of last year. That amount has not built up a sufficient Fund to replace the personal property tax as it existed back prior to 1979. The Governor was wrong. The House and the Senate were right two years ago, and now, because of the Governor's amendatory veto which we were forced into accepting in order to get any replacement tax, we find ourselves in this position. We hear there's not much we can do about it, and I think we'll probably have to go along with the Gentleman's Motion here. But, I just want to point out the cause of all our problem was the Governor telling us that our Bill, at 2.85% corporate income tax replacement for personal property tax, was too high, when he cut it down to 2 1/2%, and that's what left local government in the lurch. And I'm sure the Mayor of Elmwood Park would agree, who sits on the other side of the House, that, as usual, the Governor punished local government by cutting the replacement income tax down from 2.85% to 2 31 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 1/2%. It's no longer even coming up to the amount received in personal property tax prior to '79. That's why we're in trouble today. Thank you, Governor Thompson."
"Representative Cullerton."
"Thank you, Mr. Speaker. I have a parliamentary inquiry, Mr. Speaker. Mr. Speaker, I have a parliamentary inquiry. The Motion..."
"Proceed. Proceed."
"The Motion is on page seven for Senate Bill 1607 indicates - that it's filed by Representative Winchester and Davis - indicates that pursuant to Rule 66 (a) they move to discharge the Committee on Revenue from further consideration and advance to the Order of Second Reading, Second Legislative Day. Mr. Speaker, the rules... our temporary rules we have had for the last couple of years indicate clearly, in Rule 66... under Rule 66 (c) that, if the Motion receives an affirmative vote of 89 Members, the Bill should be placed on the Order of Second Reading, First Legislative Day. So, I'd like to inquire of the Chair, Mr. Speaker, whether or not the Motion is in order. I believe it's not, since it specifically requests that the Motion... the Bill be put on Second Reading, Second Legislative Day."
"Your point's not well taken, Representative. Representative Madigan."
"Mr. Speaker, is the... is the Motion to discharge Committee?"
"Yes."
"Mr. Speaker, I rise in opposition to the Gentleman's Motion. This Bill was sent to us from the Senate last June. At that time, the Sponsor of the Bill chose not to move ahead with further consideration of the Bill. A few days ago, the sponsorship on the Bill was changed, and now the new Sponsor is attempting to move this Bill to the 32 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 floor without any Committee consideration. The Bill affects every local taxing district in the State of Illinois. Every local school district, every unit of local government would be affected one way or another by this Bill. We were re-presented about a year ago with a print out from the Department of Revenue which indicated the impact of this Bill upon each district in the state. That print out is the only one available. It has been rendered ineffective because of the large and significant decrease in the amount of money in the Personal Property Replacement Fund. For all of these reasons, this particular Motion should be resisted."
"Representative Cullerton."
"Yes, Mr. Speaker, if you can just give me a little explanation as to why the temporary rule that I cited was not out of order. I..."
"I think explicit in Rule 66(a) is the fact that it's moved to the First Legislative Day, Representative, and so that's why your point..."
"So, it is going to be... If the Motion prevails, it will be on First Legislative Day, not Second Legislative Day."
"That's correct. Representative Winchester, to close."
"Thank you, Mr. Speaker, but could I have an inquiry of the Parliamentarian? What was your ruling on Representative Cullerton's request?"
"The ruling, pursuant to Rule 66(a) and explicit in that ruling, Representative Winchester, is the fact that the Bill will be moved to the Order of Second Reading, First Legislative Day. That's the ruling of the Chair."
"I believe my Motion says Second Legislative Day, Mr. Speaker. I don't understand where the problem is." 33 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 143rd Legislative Day
"Rule 66 (a) is explicit in moving to 66... or moving to First Legislative Day. If... You should have included in your Motion, Representative, a rule to suspend 66 (c) in addition to 66(a) so you could have gone to the Order of Second Reading, Second Legislative Day."
"Well, Mr. Speaker, in follow up of... Am I recognized to close now, Sir?"
"Yes, that's what I recognized you for, Representative. Representative Kane, I think, has some inquiry of the Chair, maybe. Representative Kane."
"Yes, Mr. Speaker, point of order, I think that, since you have already ruled that the Motion is in improper order and it is out of order, that we no longer have anything in front of us."
"No, no. Your point's not well taken, Representative."
"Well, yes, because..."
"That's not the ruling of the Chair."
"Well the Motion..."
"The ruling... That was not the ruling of the Chair, Representative."
"Well, the ruling of the Chair was that the Motion was inoperative; and, since the..."
"No, the Motion... the ruling was that... that the... the Bill would be moved, if the Motion passes, to the Order of Second Reading, First Legislative Day."
"But, within the Motion, the Motion says to Second Legislative Day, which means that the Motion is not in proper order, and I would raise the question that..."
"Well, your point is not well taken, Representative, and I'm not going to engage in a dialogue on it. Representative Winchester, to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen of 34 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 the House. The distinguished Minority Leader is absolutely correct when he says that this Bill will affect a lot of taxing districts in the State of Illinois. As a matter of fact, it will affect 75% of the taxing districts in the State of Illinois, because they're going to lose between 30 and 89% of their portion of the formula of the corporate personal property tax if we don't pass this legislation, which provides a hold-harmless provision. And I think the distinguished Gentleman knows that. The only area that will benefit will be one small area in his Legislative District, but the rest of us in the State of Illinois and Cook County will probably suffer a considerable amount of loss. I might add that the gain that those that will be winners will receive will be less than 2%, two percent, while the rest of the State of Illinois, 75% of 6,800 taxing districts will lose anywhere from 30 to 89%. Based on that, I submit to you that this is emergency legislation, and I ask that you favorably support this Motion."
"The Gentleman moves, pursuant to Rule 66 (a), to discharge Senate Bill 1607 from the Committee on Revenue from further consideration and advance it to the Order of Second Reading. All in favor will signify by voting 'aye", all opposed by voting 'no'. Representative Olson's seatmate, Representative Ewing."
"Thank you, Governor Thompson's running mate."
"Wrong again."
"Gosh, I should have remembered."
"For what purpose do you seek recognition?"
"You did tell us that in Conference. Mr. Speaker, the... the distinguished Minority Leader mentioned that the sponsorship on this Bill had changed. I was the original Sponsor of this Bill. Things have changed that... quite a 35 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 bit since last spring when I had this Bill. The Senate sav the light at that time, and they knew that a number of our taxing districts throughout the state, in the city, the suburbs, in downstate, were going to be hurt if we didn't have the Bill. With the reduction in the amount of funds which Representative Pierce talked about available for distribution, if we don't put this Bill out, there are going to be a lot of losers. The number of losers is going up, and the amount they're losing is going up. The winners will be very small. I think we ought to give it a chance and put it on Second Reading."
"Representative Cullerton, to explain his vote."
"MI. Speaker, I just wanted to let you know that, if it receives 89 votes and if that's what it needs, I'd like to ask for a verification."
"The Gentleman from Will, Representative Davis."
"Well yes, Mr. Speaker, as the hyphenated Cosponsor, I will explain my vote. Simply to impress upon all of you again and to apologize the Department of Revenue has not run the figures so that each of your... each of your districts experience could be there in front of you, but just to tell you, generally and specifically all at the same time, that 74% of all local government taxing districts will experience revenue losses from 1 to 39%. Another 11% or 744 districts will experience reduced allocations of 40 to 80%, and only then 15% of the taxing districts will be small winners. And none of them over 1 to 2%, but all at the expense of the other 75% or 85% of the taxing districts. Now, you can quickly look around and compute for yourselves that, if 85% of the taxing districts in this state are being wounded without this legislation, that 85% of you are involved in this particular activity, and you better get on a green vote." 36 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982
"Further discussion, explanations of vote? Representative Brummer, to explain his vote."
"Yes, I would like to rise to urge more green votes with regard to this Bill. This is a very important Bill for almost every area of the State of Illinois. There are particularly many downstate areas that will be dramatically impacted unless this Bill passes, and I would suggest to you, if you listened to the statistics just quoted by the Representative who just concluded speaking, he indicated that 85% of the districts would benefit, that 15% of the districts would lose a small amount of revenue. If you don't know if your individual district will win or lose, the odds are about five to one that your districts will win if this Bill passes, and only about one out of five will lose. So, the odds are good that, if you don't know how to vote, you ought to be voting green. This is an important Bill. It's a fair Bill. It re-imposes the hold harmless, which has been part of this legislation for two years and ought to receive a much larger green vote."
"Have all voted who wish? Take the record, Mr. Clerk. On this question there are 96 voting 'aye', 69 voting 'no', none voting 'present'. The Gentleman from Cook, Representative Cullerton, requests a Verification of the Affirmative Roll Call. Do you persist in that request, Representative? Do you persist? Representative Winchester asks for a Poll of the Absentees. Poll the absentees, Mr. Clerk."
"Poll of the Absentees. Garmisa. Henry. Katz. Satterthwaite. Schneider. further." Darrow. John Dunn. Leon. Macdonald. McBroom. Telcser and Vitek.
No Speaker Ryan: "Proceed with a poll of the affirmative."
"Abramson. Ackerman. Alstat. Barkhausen. Barnes. 37 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 Barr. Bartulis. Bell. Bianco. Birkinbine. Boucek. Bower. Bradley. Brummer. Christensen. Collins. Conti. Daniels. Davis. Deuchler. Deuster. Donovan. Jack Dunn. Ralph Dunn. Ebbesen. Epton. Ewing. Favell. Findley. Flinn. Virginia Frederick. Dwight Friedrich. Griffin. Grossi. Hallock. Hallstrom. Hastert. Hoffman. Hoxsey. Hudson. Huskey. Johnson. Karpiel. Kasper. Jim Kelley. Klemm. Kociolko. Koehler. Kustra. LaHood. Leinenweber. Margalus. Mautino. McAuliffe. McAvoy. McCormick. McMaster. Ted Meyer. Roland Meyer. Miller. Mulcahey. Neff. Nelson. Oblinger. Olson. Peters. Piel. Pullen. Rea. Reed. Reilly. Richmond. Rigney. Robbins. Ropp. Sandquist. Harry Smith. Irv Smith. Stanley. Stearney. E. G. Steele. C. M. Stiehl. Stuffle. Swanstrom. Tate. Topinka. Tuerk. Van Duyne. Vinson. Watson. Wikoff. Winchester. Woodyard. Zito. Zwick, and Mr. Speaker."
"Representative Piel, for what purpose do you seek recognition? Gentleman asks leave to be verified. Representative Peters asks leave to be verified. Have any questions of the Affirmative Roll Call?"
"Yes, Representative Woodyard."
"The Gentleman's in his chair."
"Representative Kociolko."
"Representative Kociolko. Representative Kociolko. Right here. He's on the Republican side."
"Representative Watson."
"Representative Ewing, for what purpose do you seek recognition?" Gentleman asks leave to be verified."
"Isn't he the Sponsor of the Bill? Doesn't he want to stick around and see how it turns out?"
"No, he's not the Sponsor. Do you want to give him leave or not?"
"Leave." 38 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day
"Leave."
"Please leave."
"Who was that?"
"Representative Watson."
"Representative Watson. In his seat behind Mr. Kelly, there. Representative Kelly."
"Representative Irv Smith."
"Representative Irv Smith. In his chair, right there."
"Representative Johnson."
"Representative Johnson. Representative Johnson in the chamber. Representative Johnson. How's the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him."
"Representative Ted Meyer."
"Representative Meyer. Right here in the aisle."
"Representative Roland Meyer."
"Representative Roland Meyer. Over here by Representative Kociolko on the Republican side."
"Representative Daniels."
"Representative Daniels. Representative Daniels. Representative Daniels in the chamber? How's the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him."
"Represent... Representative E. G. Steele."
"Representative E. G. Steele. Everett Steele. Representative Steele. Representative Steele. The Gentleman in the chamber? How's he recorded?"
"Gentleman's recorded as voting 'aye'."
"Remove him. Representative John Dunn, for what purpose do you seek recognition?" 39 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day Dunn, John: "Vote me 'aye', Mr. Speaker." December 2, 1982
"Record the Gentleman as 'aye', Mr. Clerk. Proceed Representative Cullerton."
"Representative Bianco."
"Representative Bianco. In his chair. In his chair. Representative Johnson has returned to the floor. Return him to the Roll. Representative Daniels has returned to the floor. Return him to the Roll Call."
"Good to see you, Representative."
"Further questions?"
"No further questions."
"No further questions. What's the count, Mr. Clerk? On this question there are 96 voting 'aye', 69 voting 'no', and the Gentleman's Motion to discharge prevails. Record Representative Leon as 'no' on the last Roll...on the last vote. Page 2 of the Calendar, under Item Veto Motions appears Senate Bill 1400, Item Veto Motion #1, Representative Horsey."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, this is a Motion to restore the 50 percent matching fund, a million and a half dollars for the conversion of St. Mary's Hospital in LaSalle to a nursing care facility. Now, there's been a lot of question on this, and there's been some rumors going around that are not true. Yes, there was a fire; however, the part that burned is the part that would have been torn down anyway. I have inspected the facility along with the Congressman of the 14th District. We find that the facility is in ample condition and a very good facility. It is...It was given up by the Sisters to the City of LaSalle, and they own the property, 11 acres, and in that 11 acres it has water, sever, lights and parking. The property is located adjacent to route Interstate 80 and close to the new 412. The location for 40 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 Northern Illinois is extremely good. The purpose of this restoration is to make a commitment for the State of Illinois to say to those people, the veterans groups, local governments, all whom support this, that when you raise a million and a half at the local level, the state will match that money. It's capital bond money, and it will take then a little while, I'm sure, to raise their million and a half. This is a philosophy that I believe in sincerely, and I also believe that there are many veterans - in fact, we've got like 1500 in LaSalle County alone - veterans of World War II that are now 60 years old, and in ten years will be needing that kind of care. I think we'll be able to use all the facilities we have in that regard in the State of Illinois. Now, it's my judgement that to convert a facility such as this, which will be turned over to the State of Illinois, is only good sense. Why wait until we really need it, and then have to build new? It's an extremely fine facility and a good location, and we should use it. I would ask your support to restore this commitment for the State of Illinois. It has passed the Senate 40 to 8, and I ask your support on this override."
"Lady from LaSalle, Representative Breslin."
"Thank you, Mr. Speaker. Ladies and Gentlemen, this is a proposal which has a great deal of support in our area and all of central Illinois. It is designed to service all of the veterans from central Illinois, and take a lot of the population overflow from your Great Lakes Hospital in Chicago and from the Rockford area. I think it would be a benefit to all in...in the state for that reason. There is such commitment to it in our area that our local residents have already begun to raise money on it, and in their first effort raised over 11,000 dollars. In addition to which, you should remember, that if we get this money, bond money 41 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 from the state, there is a...a large portion of federal money that can be used as the local match. As a matter of fact, the Federal Congress has passed 550 million dollars for capital construction on veterans projects, a large portion of which will come to Illinois, and we have been assured by our local Congressman that there will be no problem in getting this federal money for the LaSalle facility. We ask for your support. The on... The only closing remarks, I would say, is for...there was a fire on the facility. It was...did not affect, at all, at all, the property that is involved here. The property that vas involved in the fire was condemned and was due to be torn down anyway. It, in no way, hampered this project. Thank you."
"Further discussion? Gentleman from Adams, Representative Mays."
"Thank you, Mr. Speaker. Would the Sponsor yield, please?"
"Indicates that she will."
"Betty, has the Legislat...or the Veterans Advisory Committee made a recommendation on this?"
"They... It's my understanding that they have...have or intended to inspect it. What they decided, I don't know. I haven't..."
"Okay."
"I haven't gotten that myself."
"Have you received a certificate of need for this from... Okay."
"The CDB has assessed it, and they have...we've already had their feasibility survey."
"And the feasibility study indicated that one and a half million dollars for this facility..."
"Would be half of it. It's a three million dollar project. " 42 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day
"Would be half." December 2, 1982
"They must raise the other at the local level."
"So, we talking three million dollars for 60 beds."
"That's right."
"Fifty thousand dollars a bed."
"That's right."
"Thank you very much. Mr. Speaker, to the...to the Bill."
"Proceed."
"I reluctantly rise to oppose this. Number one, the state has made a very big commitment to the veterans, not big enough in my mind. We're not living up to a commitment that we have made at an existing facility and one that's supposed to come on line in the next fev years. At the facility in my district, we have about a million dollars worth of capital projects that have been frozen for almost a year and a half. These are projects such as water mains, gas lines, powerhouse renovations, things like this that are absolutely necessary to the functioning of that home and to the life, health and safety of the residents therein. Additionally, there is a cost-effective alternative to this proposal. In this time of cuts, we've had to take our share at Quincy. We've had to take our share all over. There's 38 beds in Quincy that staffing alone could fill. We cannot fill them, simply because ve did not have the money in there for the proper staffing requirements of the Veterans Administration at the federal level. Por these reasons, number one, we've got a commitment to keep, and we're not doing a very good job of it with the existing funds that we've got; and, number two, that we have a cost-effective alternative for two-thirds of those beds at one twelfth of the cost. I reluctantly rise to oppose this measure and would ask each of you to examine this very carefully. Thank you very much." 43 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day
"Further discussion? Gentleman from Cook, Representative Greiman. You don't want to speak on the veterans Bill? Well, we'll recognize Representative DiPrima, then. He will."
"Yes, thank you, Mr. Speaker. Ladies and Gentlemen of the House, I guess Betsy Hoxsey had referenced to me, an old decrepit veteran of that big one with Archie Bunker, you know, #2. Anyway, we had the Mayors of LaSalle and Streator, the council members, department commanders of various veteran organizations, members of the Concerned Veterans of the Illinois Valley area and civic organizations were all present here to see the outcome of this Bill. I would urge you all to support this Bill. After all, all those World War II veterans are getting old enough where they have to find someplace to park their bodies, and we're very much in need of these retirement homes for the veterans. So, I would urge you to vote 'yes' on this Bill. Thank you."
"Further discussion? Gentleman from Cook, Representative Ewell."
"Mr. Speaker, Ladies and Gentlemen, I would rise, I think, in opposition to this particular matter; not that the veterans aren't deserving, but there are many facets of the state and many people who are deserving of our support and of our dollars. The question, at this point, is how many dollars do ve have, and where do we have to spend them. Now, the proponents of this particular meas...legislation will cite the need for their various local communities; but I have to ask the question, where will these proponents be when the income tax raise comes around. You cannot have it both ways. You cannot constantly vote to increase the expenditures of the state while saying to your constituents that we're holding the line on taxes, and I'm one of the 44 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 good guys who would not vote for the income tax increase. Now, I have noted, in my period of time in the Assembly, that the same people who will vote for all of these local projects and plead the needs of their special interests and their special districts are no where to be found when it's time to balance the state's budget. These, indeed, are tough times, and I suggest to those of you who think that you're going to have an easier time in the coming Sessions, you are, indeed, in error. When they ask for the additional millions in the next Session of the Legislature, where are they going to get them? Where are the people who...who propose this type of legislation? Where are they on the tax increases? Who is going to balance the budget? Ladies and Gentlemen, at some point in time, you're simply going to have to take stock and count the money that you have and decide where it has to be spent. Now, those of you who desert your Governor and you elected him, perhaps the Governor was elected by the people, in fact, are going to find that times, indeed, will be tough. And if you allow the petty interests of a few to transcend the good of the many, you are, indeed, going to suffer, and I suggest you'd better start tightening your belt at this point or open your hearts and minds and start voting for the income tax increase and acknowledge publicly that you'll vote for it, rather than hiding in the weeds and saying we're opposed to it, while you try to pressure all the Cook County Democrats and everybody else to get on the Bill 100 percent. And I think, to the Cook County Democrats who are going to have to vote for all the tax increases, you'd better take stock."
"Further discussion? Representative Nautino."
"Thank you very much. Mr. Speaker, Ladies and Gentlemen of the House, a few of the prior speakers who stood in 45 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 opposition to this Amendment, I think, are addressing geographical concerns that do not truly relate to exactly what we're doing here. In Senate Bill 1400, and I do stand in support of Representative Hoxsey's Motion for the override, we have a very interesting Bill; a piece of legislation under the Capital Development Bond Act and not the General Revenue Fund of this state that authorizes 70 percent of the expenditure and the priorities to be in the Department of Corrections. I think that if there is one value to an omnibus Bill such as this, that should be Capital Development Bond Funds spent for human services outside of the realm of corrections. We have within this Senate Bill 1400, 30 million for corrections at Dixon and 17 million dollars at Sheraton correctional facilities. I think it is folly to deny a facility needed for health care for veterans, 1.5 million dollars, at the same time putting in 50 to 60 to 100 million dollars for corrections. It's a better posture to be in, one that the City of Chicago, as my learned colleague, Representative Ewell.. Ewell, did not discuss is the capital expenditure money for the State of Illinois Building. And, on a geographical basis to the Gentleman from Quincy, we need more than one facility. We cannot leave only the Soldiers and Sailors Home, which is now at almost total occupancy. There's a definite need for the provision, and I submit to you that in no other case, under the Capital Development Board, has the local area had to come up with a 50 percent match. I would assume in Quincy and in Chicago, those governmental agencies and needed services units could not and would not at that time if, in fact, if the program was to go ahead, come up with their 50 percent as well. This is a unique proposal. The Governor should have authorized the 1.5 million dollars in the original Bill. I'm sorry that we have to go for an 46 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 override, but it is needed. It is deserved, and it's money better spent for veterans than it is under the other auspices of the Bill, corrections. I stand in support of the line item veto override presented by Representative Hoxsey, and recommend our downstate friends do the same."
"Further discussion? The Lady from LaSalle, Representative Horsey, to close."
"Yes, Ladies and Gentlemen of the House, Mr. Speaker, I think this has been thoroughly discussed. I assure you, it's a worthy project, and I assure you that it is not money wasted, and I assure you that geographically it will serve many, many veterans in the north-central part of Illinois. This is good common sense to do this. It is a conservative measure, basically, and I would simply ask you for your 'aye' vote on the override."
"Representative Ebbesen, for what purpose do you seek recognition? You want to explain your vote? Good. Where am I? The question is, 'Shall the item on page 5... page 6, lines 11 through 16...11 through 15 of Senate Bill 1400 pass, notwithstanding the veto of the Governor?". All in favor will signify by voting 'aye', all opposed by voting 'no'. Representative Ebbesen, do you want to explain your vote?"
"Yes, Mr. Speaker, in explaining my 'yes' vote, you know, Representative Hautino and Representative Hoxsey have...have clearly ex...explained this good project and the rationale behind it. I realize that a million and a half dollars is an awful lot of money, but we're appropriating, and Representative Ewell was talking about be prepared for a tax increase because the money's not going to be there; but, chances are by the time the local matching funds are put forth, it's going to be a couple of years and, by that time, we all know the economy well 47 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 turned around. That money will be released at that particular time, or if the Federal Government...the Federal Government comes up with their million and a half dollars. But, this is a very worthy project. It's certainly well-located geographically, and it's...all the veterans organizations are in this state, and I think for equal distribution of facilities such as this, it's an excellent program and it ought to be supported. And I certainly would hope that the Members of this House, 70 percent of the Senators saw fit to pass this Bill over here, and we ought to put 107 votes up there and...and appropriate this money for the future use of this fine project."
"Have all voted who wish? Take the record, Mr. Clerk. On this question there are 116 voting 'aye', 28 voting 'no', 12 voting 'present'. Representative Collins, for what purpose do you seek recognition?"
"Mr. Speaker, I'd request a verification."
"Gentleman requests a verification of the Affirmative Roll Call. Representative Horsey asks for a Poll of the Absentees. Poll the absentees, Mr. Clerk."
"Poll of the Absentees. Abramson. Alstat. Bianco. Bullock. Garmisa. Henry. Huskey. Kasper. Katz. Macdonald. McAuliffe. McBroom. McCormick. O'Brien. Peters. Stanley. Stearney. E. G. Steele. Telcser. Vitek and Winchester. No further."
"Poll...Poll the Affirmative Roll Call, Mr. Clerk."
"Ackerman. Alexander. Balanoff. Barnes. Beatty. Bowman. Bradley. Braun. Breslin. Brummer. Capparelli. Carey. Catania. Chapman. Christensen. Conti. Cullerton. Currie. Darrow. Davis. Deuchler. Deuster. DiPrima. Domico. Donovan. Doyle. Jack Dunn. John Dunn. Ralph Dunn. Ebbesen. Eving. Farley. Flinn. Virginia Frederick. Getty. Giglio. Giorgi. Greiman. Grossi. 48 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 Hallstrom. Hanahan. Hannig. Hastert. Hoxsey. Jackson. Jones. Kane. Keane. Jim Kelley. Dick Kelly. Klemn. Kociolko. Koehler. Kornowicz. Kosinski. Krska. Kulas. Kustra. Laurino. Leon. Leverenz. Levin. Loftus. Madigan. Margalus. Martire. Matijevich. Mautino. McAuliffe...McAvoy. McGrew. McPike. Roland Meyer. Miller. Mulcahey. Murphy. Nash. Oblinger. O'Connell. Olson. Ozella. Pechous. Pierce. Pouncey. Preston. Rea. Reed. Rhem. Richmond. Rigney. Robbins. Ronan. Ropp. Saltsman. Sandquist. Satterthwaite. Schneider. Slape. Margaret Smith. Steczo. Stewart. C. M. Stiehl. Stuffle. Swanstrom. Tel...Terzich. Topinka. Turner. Van Duyne. Vinson. White. Wikoff. Sam Wolf. Woodyard. Younge. Yourell. Zito and Zwick. No further."
"Are there any questions of the Affirmative Roll Call?"
"Capparelli."
"Representative Domico requests leave to be verified. Mr. Collins, is that all right with you?"
"Yes, certainly, and forget Capparelli. He's right in back of me."
"How could anybody forget Capparelli?"
"I'm doing my best."
"Proceed."
"Rigney."
"Representative Rigney. Representative Rigney. He's back behind Representative Olson's seatmate. Proceed."
"Swanstrom."
"Represent... Representative Swanstrom. Representative Swanstrom. Is the Gentleman in the chamber? How's he recorded?"
"The Gentleman is recorded as voting 'aye'." 49 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982
"Remove him."
"Alexander."
"Representative Alexander."
"I hear her."
"She's in back of the chamber. Representative Ronan, for what purpose do you seek recognition?"
"Yes, Mr. Speaker, I want leave to be verified."
"Gentleman asks leave to be verified."
"No way."
"Request denied."
"Yes, go ahead and verify him, Mr. Speaker."
"On second thought, Collins says it's okay."
"Jim Kelley."
"...back of the chamber."
"Darrow. Oh, wait. No, he's there. I see him. Doyle."
"Representative Doyle's in his chair."
"Farley."
"Representative Farley. Representative Farley. Gentleman in the chamber? How's he recorded?"
"Gentleman is recorded as voting 'aye'."
"Remove him."
"Getty."
"Representative Getty. Representative Getty in the chamber? How's the Gentleman recorded?"
"Gentleman is recorded as voting 'aye'."
"Remove him."
"Giorgi."
"Representative Giorgi. In his chair."
"Topinka."
"Representative Topinka. Representative Topinka. Is the Lady in the chamber? How's she recorded?"
"The Lady is recorded as voting 'aye'." 50 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day
"Remove her." December 2, 1982
"Hanahan. Or do...do we still have that arrangement with Mr. Hanahan? I don't know."
"Representative Hanahan. Is the Gentleman in the chamber? Is the Gentleman in the Capitol Building? Can anybody vouch that he's here?"
"Um..."
"Representative Giorgi: Giorgi, have you seen Representative Hanahan? Is he here today?" "Hanahan is in the Capitol complex."
"Well, we did have an arrangement with him because of his condition, his physical condition, Mr. Collins."
"I know that. That's why I asked."
"...he and a couple of other Members that we wouldn't call, so I think, maybe in fairness, you ought to leave him on the Roll Call."
"All right. Kane. Oh, I'm looking right at him. He's there."
"Yes, he's in his chair."
"Keane."
"Representative Keane, in his chair."
"Laurino."
"Representative Laurino. Right there by you."
"No further questions."
"What's the count, Mr. Clerk? On this question there are 112 voting 'aye', 28 voting 'no*... Representative Huff, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. Will you change my 'present vote to 'aye', please?"
"Record the Gentleman as 'aye'. What's the count? On this question there are 113 voting 'aye', 28 voting 'no'. This Motion, having received a three-fifths Constitutional Majority, prevails and the item on page 6, 51 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 lines 11 through 15 of Senate Bill 1400 is declared passed, notwithstanding the veto of the Governor."
"Senate Bill 1607, a Bill for an Act to amend Sections of an Act in relationship to state revenue sharing with local governmental entities. Second Reading of the Bill. No Committee Amendments."
"Are there any Amendments from the floor?"
"None."
"Third Reading...Remain on Second Reading. Agreed Resolutions. Representative Conti."
"House Joint Resolution 130. House Joint Resolution 132. 130, Klemm. 132, DiPrima. House Joint Resolution 133, DiPrima. House Joint Resolution 134, DiPrima. House Joint Resolution 135, Ryan - Madigan - et al. Ho... Senate Joint Resolution 89, Jack Dunn - Collins. Senate Joint Resolution 114, Bianco - et al. House Resolution 1187, Ryan. House Resolution 1188 - Pechous. House Resolution 1189, Donovan. House Resolution 1190, Ryan. House Resolution 1191, Telcser - et al. House Resolution 1192, Ryan - et al. House Resolution 1193, Ryan - et al. House Resolution 1194, Ryan - et al. House Resolution 1195, Ryan - et al. House Resolution 1196, Ryan - et al. House Resolution 1197, Ryan - et al. House Resolution 1198, Ryan - et al. House Resolution 1199, Ryan - et al. House Resolution 1200, Ryan - et al. House Resolution 1201, Ryan - et al. House Resolution 1202, Ryan - et al. House Resolution 1203, Ryan - et al. House Resolution 1204, Ryan - et al. House Resolution 1205, Ryan - et al. House Resolution 1206, Ryan - et al. House Resolution 1207, Ryan - et al. House Resolution 1208, Ryan - et al. House Resolution 1209, Ryan - et al. House Resolution 1210, Ryan - et al. House Resolution 1211, Ryan - et al. House Resolution 1212, Ryan - et al. House Resolution 1213, Ryan 52 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 - et al. House Resolution 1214, Ryan - et al. House Resolution 1215, Ryan - et al. House Resolution 1216, Ryan - et al. House Resolution 1217, Ryan - et al. House Resolution 1218, Ryan - et al. House Resolution 1219, Ryan - et al. House Resolution 1220, Ryan - et al. House Resolution 1221, Ryan - et al. House Resolution 1222, Ryan - et al. House Resolution 1223, Ryan - et al. House Resolution 1224, Ryan - et al. House Resolution 1225, Ryan - et al. House Resolution 1226, Ryan - et al. House Resolution 1227, Ryan - et al. House Resolution 1228, Ryan - et al. House Resolution 1229, Ryan - et al. House Resolution 1230, Ryan - et al. House Resolution 1231, Ryan - et al. House Resolution 1232, Ryan - et al. House Resolution 1233, Ryan - et al. House Resolution 1234, Ryan - et al. House Resolution 1235, Ryan - et al. House Resolution 1236, Ryan - et al. House Resolution 1237, Ryan - et al. House Resolution 1238, Ryan - et al. House Resolution 1239, Ryan - et al. House Resolution 1240, Ryan - et al. House Resolution 1241, Ryan - et al. House Resolution 1242, Ryan - et al. House Resolution 1243, Ryan - et al. House Resolution 1244, Ryan - et al. House Resolution 1245, Ryan - et al. House Resolution 1246, Ryan - et al. House Resolution 1247, Ryan - et al. House Resolution 1248, Ryan - et al. House Resolution 1249, Ryan - et al. House Resolution 1250, Ryan - et al. House Resolution 1252, Oblinger. House Resolution 1253, Oblinger. House Resolution 1255, Topinka - Bartulis. House Resolution 1256, Ryan - et al. House Resolution 1257, Ryan - et al. House Resolution 1258, Ryan - et al. House Resolution 1259, Ryan - et al. House Resolution 1260, Ryan - et al. House Resolution 1261, Ryan - et al. House Resolution 1262, Ryan - et al. House Resolution 1263, Friedrich - Watson. House Resolution 1265, Cullerton - 53 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 O'Brien. House Resolution 1266, Huskey. House Resolution 1267, Rea. House Resolution 1268, Friedrich - Barkhausen - et al. House Resolution 1270, Cullerton - Breslin. House Resolution 1271, Katz - et al. House Resolution 1273, Giglio. House Resolution 1274, Steczo - et al. House Resolution 1275, Cullerton. House Resolution 1276, Madigan - et al. House Resolution 1277, Madigan - et al. House Resolution 1278, Madigan - et al. House Resolution 1279, Madigan - et al. House Resolution 1280, Madigan - et al. House Resolution 1281, Madigan - et al. House Resolution 1282, Madigan - et al. House Resolution 1283, Madigan - et al. House Resolution 1284, Madigan - et al. House Resolution 1285, Madigan - et al. House Resolution 1286, Madigan - et al. House Resolution 1287, Madigan - et al. House Resolution 1288, Madigan - et al. House Resolution 1289, Madigan - et al. House Resolution 1290, Madigan - et al. House Resolution 1291, Madigan - et al. House Resolution 1292, Madigan - et al. House Resolution 1293, Madigan - et al. House Resolution 1294, Madigan - et al. House Resolution 1295, Madigan - et al. House Resolution 1296, Madigan - et al. House Resolution 1297, Madigan - et al. House Resolution 1298, Madigan - et al. House Resolution 1299, Madigan - et al. House Resolution 1300, Madigan - et al. House Resolution 1301, Madigan - et al. House Resolution 12...1302, Madigan - et al. House Resolution 1303, Madigan - et al. House Resolution 1304, Madigan - et al. House Resolution 1305, Madigan - et al. House Resolution 1306, Madigan - et al. House Resolution 1307, Madigan - et al. House Resolution 1308, Madigan - et al. House Resolution 1309, Woodyard. House Resolution 1310, Capparelli - et al. House Resolution 1311, Balanoff. House Resolution 1312, Balanoff. House Resolution 1313, Balanoff. House Resolution 1314, Hannig. Senate Joint 54 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day Resolution 106, Terzich - Krska." December 2, 1982
"Mr. Speaker, Ladies and Gentlemen of the House, is there omission on 1271? You didn't call out 1271. That was taken care of yesterday. Was that the parade one yesterday? All right. All right, fine. Ladies and Gentlemen, Speaker of the House, House Joint Resolution 130 by Klemm. John Shay, Director of McHenry County Emergency Service and Disaster Agency has been elected President of the American Society of Professional Emergency Planners. House Joint Resolution 132, DiPrima - et al. James Singler (sic - Mrs. James Singler) of Sandusky, Ohio was duly elected National President of the ANVETS Auxiliary, 37th National Convention in Hollywood, Florida. House Joint Resolution 133, DiPrima - et al. Bob Martin of Harvey, Louisiana was unanimously elected National Commander of 200,000 member American Veterans of World War II. House Joint Resolution 134, DiPrima - et al. On June 20, Phyllis Ann Dever of Bloomington, Illinois was elected Department President of the Illinois AMVETS Auxiliary. House Joint Resolution 135, DiPrima. We congratulate Francis James Gudgeon on having become the State Commander of the AMVET'S Department of Illinois. Senate Joint Resolution 89, Jack Dunn - Collins. The Cal Plan calls for construction of four excavated floor...flood water retention reservoir, and all we're doing is memorializing Congress to give us the money: that both houses of Congress be requested to give the Little Cal Plan top priority for approval of funding. Senate Joint Resolution 114, Bianco - et al, where one of our colleagues, Walter, Babe McAvoy is celebrating the 6...their 50th wedding anniversary. House Resolution 1187 by Speaker George Ryan. Irene and Clarence O'Connor, through 63 years of dedication to ideal marriage to each serve as a worthy tribute to his invaluable ideal. House 55 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 Resolution 1188 is a retirement Resolution. Mr. Danko, serving three Mayors as...three terms as Mayor. Mr. Danko has been a familiar sight, installing remote water meters in local homes, dedicated superior service to the service (sic citizens) of Berwyn has not gone unappreciated. Let me correct that. Michael Danko has recently retired from his position as Berwyn Waterworks Department. House Resolution 1189 by Donovan, that we congratulate W. С. "Cuz" Nessler on his long career of keeping the nation going by keeping its railroads running. House Resolution 1190, where Mr. Bob Kjellander is leaving his most recent post as the campaign manager of Governor Thompson and will accept a position with the Illinois State Medical Society. Ladies and Gentlemen, Speaker of the... dr. Speaker and Ladies and Gentlemen of the House, House Resolution 1191 through 1250 are Resolutions for Members of the House that either were demoted and went to the Senate or were turned back by the electorate or are people retiring on their own volition. That's House Resolutions from 1191 through 1250, and also while I'm on that, it picks up at 1257...at 1256 through 1262. I will not bother to read all the names. House Resolution 1252, Oblinger. The Kids Care (sic Kids That Care) be extended our best wishes on the third anniversary of its foundings. House Resolution 1253, Oblinger. Sixty-year wedding anniversary of Mr. William Watkins and Marie Watkins of Divernon, Illinois. Topinka and Bartulis, House Resolution 1255, Father Juozas Prunskis of Chicago celebrated the 50th anniversary of his ordination of the Roman Catholic priesthood, October 10, 1982. House Resolution 1263, Demaree United Methodist Church of Centralia, Illinois celebrates its 100th anniversary on December 30, 1982. House Resolution 1265, Cullerton - O'Brien. 1265, Thomas Mark Tunney is a young 56 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 businessman who has done a great deal for Lake View Community and wish him many years of success in owner/operator of an Ann Sather's Restaurant. House Resolution 1266, Huskey, where Frank Joseph Boblak of 4608 West 98th Street, Oak Lawn is an individual worthy of special tribute. For the past 40 years, he devoted his life to the service of his fellow man. House Resolution 1267, the 1982-83 high school basketball season marks Rich Herrin's 23rd straight season as head basketball coach of Benton Rangers. House Resolution 1268, Frederick Barkhausen, this is also commending one of our former colleagues who went to Congress, and that is Robert McClory of Lake County. House Resolution 1270...1270, Cullerton and Breslin, Alice Cullerton and James Corcoran of Elgin, Illinois will joint in hold matrimony on December 18, 1982 at the St. John's Baptist Church in Springfield, Illinois. Katz - Pierce - Hallstrom - Birkinbine and Greiman, House Resolution 1272, congratulate the Chicago Horticulture Society upon its successful realization of its inspired goal of expanding the pub...public's appreciation of interest in our natural environment. House Resolution 1273, where John P. Churilla of Calumet City, Illinois celebrates his 75th birthday December 13, 1982. House Resolution 1274, Steczo - Giglio - Kelly and Yourell. We commend Jim Sherman for his many contribution to the education and welfare of the people of this state and wish him every success in his future endeavors. House Resolution 1275, Cullerton, that we...this House wishes Carole Jean Radloff a happy 40th birthday and many more to follow. House Resolution 1309...I'm sorry. Let's back up a little bit. Here's a list of Agreed Resolutions for the Democrats that are either retiring or have moved over to the Senate. House Resolution 1276 through 1308, inclusive. 57 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 I will not read the names there, also. House Resolution 1309, that the Members of this House are pleased that the Casey Community High School, Casey, Illinois has achieved statewide recognition for its excellent football team, which took second place in Class AA division of the 1982 Illinois state high school football championship. House Resolution 1310, Leonard Gia...Giampietro, Vice-President of the Exchange National Bank of Chicago is honored as "Man of the Year" by the Italian American Chamber of Commerce at its Diamond Jubilee Dinner Dance. House Resolution 1311, Minister Evan Goranson of Evangelical Convent Church of South Chicago and Maury Richards, a member of the local 1033 of the United Steel Workers of America organize a tremendously successful distribution of food to the unemployed steel workers in South Chicago area. House Resolution 1312 by Balanoff. It has come to the attention of this chamber that Frank Lumpkin has played an instrumental role in important activities of the Wisconsin Steel Save Our Jobs Committee. House Resolution 1313, en route to 1-A state championship, Ziegler-Royalton, under the guidance of head coach John DeNosky, clinched a Black Diamond Conference with a record of eight and zero. House Resolution 1314, Hannig. The Miners of Gillespie, Illinois recently finished a memorial (sic memorable football season with a fine eight and two season record and became runner-up in the South Central Conference. Senate Joint Resolution #106, Terzich and Krska. The Summit Volunteer Fire Department, Summit, Illinois will celebrate its 75th anniversary with a two-day festivities on July 3 and 4, 1982 with a parade and fireworks on July 4. I'm...think there might be a typographical error on this one. It should read 1983 because 1982 has already passed. So, check your records on that. If that is correct, then 58 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 143rd Legislative Day December 2, 1982 Ladies and Gentlemen of this House, I respectfully ask you to adopt Agreed Resolutions."
"Gentleman moves for the adoption of the Agreed Resolutions. All in favor signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the Agreed Resolutions are adopted. Representative Schneider, for what purpose do you seek recognition?"
"Well, thank you, Mr. Speaker and Members of the House. We do have a lame duck swearing out party in K-1 on the second floor. All the lame and dead ducks are to take the shape of a 'V' formation outside in the foyer and, upon adjournment we will fly to K-1 on the second floor. You, Mr. Speaker, are invited for reasons that are different than mine, to be among the...you may be a duck of a different color; but you are, indeed, invited, immediately upon adjournment."
"You're right. Death Resolutions."
"House Joint Resolution 131, Friedrich, in respect to the memory of Eugene Singer. House Resolution 1254, Ryan, in respect to the memory of Duane Dean. House Resolution 1264, Younge, in respect to the memory of Helen Teer. House Resolution 1269, Saltsman, in respect to the memory of Richard Diekhoff. House Resolution 1271, Ryan, in respect to the memory of George McCreight."
"Representative Conti moves for the adoption of the Death Resolutions. All in favor will signify by saying 'aye', all opposed 'no'. The 'ayes' have it, and the Resolutions are adopted. The House will...is going to adjourn here in just a minute or two, and tomorrow we'll be in in the morning. A conference committee concerning the Governor's proposals and some supplemental appropriation Bills are going to meet...the conference committees are going to meet at 6:00 tonight. And so, we're going to have 59 143rd Legislative Day STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE December 2, 1982 to stand in Perfunctory Session until such time as that conference committee completes its work so they can report in here, and that's about all we're going to have left to do tomorrow. So, I would encourage the conference committee to get about their business and get it done. Representative Telcser."
"Mr. Speaker, Members of the House, leaving enough time in a Perfunctory Session for the Clerk to read in whatever the conference committee may have this evening, I now move the House then stand adjourned until 10:00 a.m. tomorrow morning."
"You've heard the Gentleman's Motion. All in favor will signify by saying 'aye", all opposed 'no". The 'ayes' have it. The House now stands adjourned until 10:00 a.m. tomorrow morning." 60 01/10/83 09:53 STATE OF ILLINOIS 82ND GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX DECEMBER 02, 1982 PAGE 1 HB-2658 MOTION PAGE 23 HB-2688 FIRST READING PAGE 2 SB-0501 SECOND READING PAGE 13 SB-0501 MOTION PAGE 17 SB-1299 MOTION PAGE 3 SB-1305 MOTION PAGE 4 SB-1400 MOTION PAGE 40 SB-1532 MOTION PAGE 7 SB-1581 MOTION PAGE 10 SB-1599 MOTION PAGE 11 SB-1607 SECOND READING PAGE 52 SB-1607 MOTION PAGE 29 SB-1667 THIRD READING PAGE 12 SUBJECT MATTER HOUSE TO ORDER - SPEAKER RYAN PAGE 1 PRAYER - FATHER EUGENE COSTA PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 RECESS PAGE 9 HOUSE RECONVENES - SPEAKER RYAN IN CHAIR PAGE 9 AGREED RESOLUTIONS PAGE 52 DEATH RESOLUTIONS PAGE 59 ADJOURNMENT PAGE 60