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Illinois House Floor Debate — March 16, 1983

83rd General Assembly (1983-1984) · Legislative day 22 · Regular Session
Chamber
House
General Assembly
83rd (1983-1984)
Date
March 16, 1983
Legislative day
22
Session
Regular Session
Speaker turns
326
Original
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Speaker Madigan

"The House shall come to order. The Members shall be in their chairs. The House shall come to order. The Members shall be in their chairs. We shall be led in prayer today by the Reverend Wayne Van Gelderen, Pastor of the Marquette Manor Baptist Church in Downers Grove. Reverend Van Gelderen is a guest of Representative Thomas McCracken. Would the guests in the gallery please rise and join us in the invocation?"

Reverend Van Gelderen

"Shall we pray? Our Heavenly Father, it's with gratitude that we approach another legislative day in this Session, in this great state. Father, we pray that the great traditions of liberty and freedom that characterize our country which is a country that, in our Pledge of Allegiance, we say is under God. We pray that they'll continue today. We pray for each Representative that, in the humdrum, and business and busyness of these Sessions, that they'll not lose the... the sense of responsibility and power that is really theirs - power given to them by the people of this state and exercised under God. Father, we pray that this day will be a good day and that they will recognize that, in the word of God You've given, You've said that government is good and it's of God, and those who are in government are called ministers of God. And they serve Thee in this capacity this day. So, bless them, we pray in the Name of our Lord, Jesus Christ. Amen."

Speaker Madigan

"We shall be led in the Pledge of Allegiance by Representative Ropp."

Ropp et al

"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." 1 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983

Speaker Madigan

"If the Members would please give their attention to the Chair, we have with us today the 'Illinois Mother of the Year', Mrs. Delight Weir. She is the guest of Representative Judy Koehler; and, at this time, Representative Koehler will introduce to us the 'Illinois Mother of the Year'. Representative Koehler."

Koehler

"Thank you, Mr. Speaker. My, this is an interesting view from up here. I would like to take this opportunity to introduce a lady who lives in my district, Mrs. Delight Weir. Mrs. Weir is here today with her husband, Ralph, and her family who is standing back there in the back of... who are standing back in the back of the room there. Mrs. Weir has been selected the 'Illinois State Mother of the Year'. It is because she exemplifies the highest qualities of being a mother and family-wise and service in her community. She will go on from being 'Illinois State Mother of the Year' into a contest for our 'National Mother of the Year'. I think we can be very pleased to have an example such as Mrs. Weir bearing the... bearing the emblem of the State of Illinois in our national competition. Today she will be honored at a reception at the Governor's Mansion at 1:00 - from 1:00 until 3:00. Some... Many of you have been invited, and you would all be more than pleased to attend that. I would now like to introduce to you Mrs. Delight Weir on this day, because this day, March 16th, has been designated 'Delight Weir Day' throughout the State of Illinois. Mrs. Weir."

Delight Weir

"Thank you. It's an honor, indeed, to be here. We bring you greetings from Double Horseshoe Farm. Yes, we're one of those very few farmers. And, we are a diversified farm. We have hogs, corn, beef, co... sheep. We have corn, oats, alphalfa, hay, soy beans. You name it. We've got it, even a few ducks, and geese and horses. We are 2 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 also a family who have been very much interested in children throughout the years. Yesterday, we were at home on the farm. He was readying the discs for the fields, and we were working with out maple syrup business. We make maple syrup. I wish we had enough for everyone. We didn't get that much this year. It turned spring too soon. But that is our largest rural-on-urban relation. We believe in promoting our ag products but, most of all, our youth. We've hosted foreign students, crippled children, inner-city farm vacations, refugees, exchange programs and so forth. I have accepted the 'Mother of the Year' Award, because it reinforces my beliefs. Eagle Forum and American Mothers Incorporated strengthened the moral and spiritual foundations of the home. We will try to keep the home the basic and fundamentally good influence in our nation helping you by teaching good citizenship, obedience, honesty and all those virtues Christian homes have always upheld. Tomorrow, for us, will be another working day in the fields, farmyards and so forth, and one son will be going to school. And we trust that you will continue to faithfully represent us and continue our mutual goals and maintain this Christian Constitution. Thank you."

Speaker Madigan

"Roll Call for Attendance. Mr. Greiman, are there any excused absences?"

Greiman

"Yes. Mr. Speaker, would the record show that Representatives Vitek, Henry and Bullock be excused for reasons of illness?"

Speaker Madigan

"Let the record show that Representative Vitek, Henry and Bullock are excused because of illness. Mr. Vinson, are there any excused absences?"

Vinson

"Yes, Mr. Speaker. Representative Flinn, Representative Ralph Dunn, Representative Ebbesen and Representative Winchester." 3 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day

Speaker Madigan

"Let the record show that the named by Representative Vinson are excused. a March 16, 1983 Representatives Have all voted who wish to be recorded? Mr. Clerk, take the record. There are 109 Members responding to the Roll Call. There is quorum present. The Chair would like to direct the attention of the Membership to the early celebration of St. Patrick's Day in the form of your green Calendars; and, in particular, Mr. Vinson if I could have your attention, Sir. We have made two provisions for you in our Calendar today. Number one, I direct your attention to page six where we have provided for a notice of the meeting on the Committee on the Assignment of Bills, which is in direct response to your earlier request. And, number two, on the Committee front cover we have placed your picture. Reports."

O'Brien

"Representative Wolf, Chairman of the Committee on Personnel and Pensions, to which the following Bill was referred, action taken March 15, 1983, reported the same back with the following recommendation: 'do pass' House Bill 55. Representative Terzich, Chairman of the Committee on Executive, to which the following Bills and Resolutions were assigned, action taken March 15, 1983, reported the same back with the following recommendations: 'do pass' House Bill 49 and 187. 'Do pass as amended' House Bill 230 and 384. 'Do pass Consent Calendar' House Bill 546. 'Do pass Short Debate Calendar' House Bill 404. And, 'be adopted' House Joint Resolution Constitutional Amendment #6. Representative Taylor, Chairman of the Committee on Elections, to which the following Bills were referred, action taken March 15, 1983, reported the same back with the following recommendations: 'do pass' House Bill 307, and Committee Report on election contest of 'Colvert' versus Winchester and a Committee Report on election 4 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 contest of Robbins versus Hicks. Representative Huff, Chairman of the Select Committee on Local School District Reorganization, to which the following Bill was referred, action taken March 15, 1983, reported the same back with the following recommendation: 'do pass' House Bill 454. Representative Van Duyne, Chairman of the Committee on Energy, Environment and Natural Resources, to which the following Bills were referred, action taken March 15, 1983, reported the same back with the following recommendations: 'do pass' House Bill 203. 'Do pass as amended' House Bill 266 and 267."

Speaker Madigan

"Introduction and First Reading."

O'Brien

"House Bill 741, McPike, a Bill for an Act to create the Illinois Employee Right-to-Know Act. First Reading of the Bill. House Bill 742, Kulas, a Bill for an Act to amend Sections of the Illinois Pension Code. First Reading of the Bill. House Bill 743, Kirkland, a Bill for an Act to amend Sections of the School Code. First Reading of the Bill. House Bill 744, Van Duyne, a Bill for an Act to amend the Illinois Natural Areas Preservation Act. First Reading of the Bill. House Bill 745, Van Duyne, a Bill for an Act to amend the Lead Poisoning Prevention Act. First Reading of the Bill. House Bill 746, Rice, a Bill for an Act to create an Act to prohibit credit reporting agencies, subject to regulation under the Federal Fair Credit Reporting Act, from compiling and disseminating an unfavorable credit report concerning any consumer. First Reading of the Bill."

Speaker Madigan

"Messages from the Senate."

O'Brien

"A Message from the Senate by Mr. Wright, Secretary. Mr. Speaker, I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution and the adoption of which 5 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 I am instructed to ask concurrence of the House of Representatives, to wit; Senate Joint Resolution #14. Resolved by the Senate of the 83rd General Assembly of the State of Illinois, the House of Representatives concurring herein, that when the two Houses adjourn on Wednesday, March 16, 1983 they stand adjourned until Tuesday, March 22, 1983 at 12:00 noon. Adopted by the Senate, March 16, 1983. Kenneth Wright, Secretary.'

Speaker Madigan

"The question is the adoption of the Adjournment Resolution. Mr. Greiman moves for the adoption of the Adjournment Resolution. All those in favor signify by saying 'aye', all those opposed by saying 'no'. The 'ayes' have it. The Resolution is adopted. The Chair recognizes Representative Hallock for the purpose of an announcement."

Hallock

"Thank you, Mr. Speaker and Members of the House, for a point of personal privilege. In the balcony we have the Rockford Chamber of Commerce Leadership School, represented by Representative Giorgi and myself, and I would ask that they stand to be identified."

Speaker Madigan

"On page two of the Calendar on the Order of House Bills, Second Reading, Short Debate Calendar there appears House Bill 286. The Clerk informs me that the fiscal note has not yet been filed relative to this Bill. The Bill shall remain on the Order of Second Reading. House Bill 376, Representative Curran. Mr. Curran, do you wish to call your Bill? House Bill 276. Correct that - 376. Mr. Clerk, read the Bill."

O'Brien

"House Bill 376, a Bill for an Act to amend Sections of the Illinois Pension Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."

Speaker Madigan

"Are there any Motions relative to Amendment #1?"

O'Brien

"No Motions filed." 6 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"No Floor Amendment."

Speaker Madigan

"Third Reading. House Bill 415, Mr. Flinn. Mr. Clerk, read the Bill."

O'Brien

"House Bill 415, a Bill for an Act to amend the Illinois Credit Union Act. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any floor Amendments?"

O'Brien

"Floor Amendment #1, Flinn, amends House Bill 415 on page four by adding, immediately below line four, the following."

Speaker Madigan

"Mr. Flinn."

Flinn

"I'd like to withdraw Amendment #1 and 2."

Speaker Madigan

"Withdraw Amendment #1 and withdraw Amendment #2. Are there further Amendments?"

O'Brien

"Floor Amendment #3, Flinn, amends House Bill 415 on page two, line six and so forth."

Speaker Madigan

"Representative Flinn."

Flinn

"Thank you, Mr. Speaker. Amendment #3 does two things. It changes the initials in the Bill, NCUA, and spells out National Credit Union Administration, which is the proper... changing it to a proper language. The other thing it does is add Section 2 which gives it an effective date. That's all it does. I move for the adoption of the Amendment."

Speaker Madigan

"The Gentleman moves for the adoption of the Amendment. Is there any discussion? The question is, 'Shall the Amendment be adopted?'. All those in favor signify by saying 'aye', all those opposed by saying 'no'. The 'ayes have it. The Amendment is adopted. Are there further Amendments?"

O'Brien

"No further Amendment."

Speaker Madigan

"Third Reading. On the Order of House Bills, 7 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 Second Reading there appears House Bill 25. Mr. Cullerton, do you with to call you Bill? Returning to House Bill 415. Since the Bill was amended, Mr. Flinn will be required to request leave that the Bill remain on the Order of Short Debate. Is there leave? Leave is granted. The Bill shall remain on the Order of Short Debate. On the Order of House Bills, Second Reading there appears House Bill 25. Mr. Clerk, read the Bill."

O'Brien

"House Bill 25, a Bill for an Act to amend Sections of an Act concerning jurors. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Amendment #1, Cullerton, amends House Bill 25 on page one and so forth."

Speaker Madigan

"Mr. Cullerton, the Clerk has a question of you. Mr. Clerk, state your question."

O'Brien

"The Amendment, as printed, is it identified as #2?"

Cullerton

"Yes."

Speaker Madigan

"Mr. Cullerton requests leave to amend the Amendment on its face to change the 2 to a 1. Is there leave? Leave is granted. Proceed, Mr. Cullerton."

Cullerton

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill has to do with allowing blind and deaf jurors to serve. The purpose of the Amendment is two-fold. Number one, we make it clear that the interpreter for the deaf shall be allowed into the jury room for the sole purpose of interpreting for that juror. And, number two, we make it clear, by adding the following language that a party may challenge jurors for cause. And we say after that Section, in both the Criminal and the Civil Code, that if a prospective juror has a physical impairment, the court shall consider such prospective 8 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 jurors ability to perceive and appreciate the evidence when considering a challenge for cause. I'd be happy to answer any... Well, except for Representative Johnson, I'd be happy to answer any questions and move for the adoption of the Amendment."

Speaker Madigan

"The Gentleman moves for the adoption of Amendment #1. On that question, the Chair recognizes Mr. Johnson."

Johnson

"Well, I must say, Representative Cullerton, this improves a horrendous Bill somewhat. Let me just ask one question about the... about the Amendment. One of the principles that really has been with us ever since Anglo-American law began to evolve is the sanctity of the jury process, and particularly the deliberative process - so much so that... that we have special charges to the foreman. As you know, when a jury goes out, they're directed to sequester the jur... or not... to keep... to take the jury to a convenient and private place and to keep them there and all the instructions and so forth. Doesn't having a thirteenth person in the jury room do some kind of a damage to that basic principle?"

Speaker Madigan

"Mr. Cullerton. Mr. Cullerton. Would someone turn on Mr. Cullerton? Could we get off the telephone for a minute and turn on Mr. Cullerton? Thank you."

Cullerton

"Thank you, Mr. Speaker. Representative Johnson, I certainly feel that it doesn't do damage to that principle. The language in the statute will remain that, when the jury retires to consider its verdict, an office of the court shall be appointed to keep them together and to prevent conversation between the jurors and others. And I also would point out that an interpreter of the deaf takes an oath and is sworn in by the court not to divulge any of the information that they have garnered as a result of being in 9 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 the jury room. And I would also point out that all I'm trying to do with this Amendment was to... to allow... Obviously, the deaf juror could not even be allowed to... to serve if this wasn't in here. In the absence of this language, we have instances where deaf jurors have served in spite of what the law is now - that deaf jurors have served and that interpreters were present in the... the court room. We had testimony of that in the... the Committee and; therefore, I put this Amendment on as a result of some of the questions at the Committee. So, I think that we have enough guarantees that the secrecy of the jury process will not be impugned, and I feel that the language is appropriate. I would also point out that the language on the... with regard to cause was put in at the request of Representative Greiman so that we make it very clear to a Judge that, if there's any problem in that particular trial with a deaf juror or a blind juror, that... that that Judge has every right in the world to eliminate that juror for cause and without having to allow... require the lawyers to use a preemptory challenge."

Johnson

"Just briefly then. I think... I still believe that said to begin with and that is that allowing... They don't even allow a foreman to go into a jury room, but I do think this language strengthens the Bill, at least it makes it more practical by permitting challenges for cause so you don't have to use an additional preemptory in these situations. And I think, balancing out the two, the Amendment improves the Bill, and I'm going to support it. But I do think there's some real problems with a.... with weakening a long-standing principle of Anglo-American law, but it does improve the Bill. And I support the Bill."

Speaker Madigan

"Mr. Cullerton. Is there any further discussion 10 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 between you and Mr. Johnson?"

Cullerton

"No."

Speaker Madigan

"Mr. Giorgi."

Giorgi

"John, it's the intent of your Bill to allow blind jurors and deaf jurors to sit on jury panel?"

Speaker Madigan

"Mr. Cullerton."

Cullerton

"It allows them to be eligible."

Giorgi

"Allows a, for example, a deaf juror to be eligible."

Cullerton

"Right."

Giorgi

"Now, you asked that an interpreter go into the jury room with the deaf juror?"

Cullerton

"Yes."

Giorgi

"Now, who's going to watch the interpreter to see that he is, in truth, relating what transpired in the court room?"

Cullerton

"There is a procedure whereby interpreters are sworn in as... by the court, and they take an oath that they will correctly interpret, both from deaf, you know, to sign language as well as other foreign languages, say, Spanish into English and English into Spanish. So, they take an oath, and they are... Like officers of the court, they have to fulfill that oath and to interpret correctly."

Giorgi

"Yeah, but in law it's so scientific and specific that in the interpretation it could be lost. Are you suggesting maybe the prosecution and the defense both have an interpreter watching each other while they're talking to the deaf juror?"

Cullerton

"Well, certainly not in the jury room. There is the court interpreter."

Speaker Madigan

"Have we completed the discussion of this Amendment?"

Cullerton

"I hope so."

Speaker Madigan

"And, Mr. Cullerton moves for the adoption of the Amendment. All those in favor signify by saying 'aye', 11 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 all those opposed by saying 'no'. The 'ayes have it. The Amendment is adopted. Are there further Amendments?"

O'Brien

"No further Amendments."

Speaker Madigan

"Third Reading. House Bill 208, Mr. Saltsman. Do you wish to call your Bill? Br. Saltsman indicates that he does not with to call his Bill. House Bill 244. The Clerk informs the Chair that a fiscal note has not yet been filed; therefore, this Bill shall remain on the Order of Second Reading. House Bill 246, Mr. DiPrima. Do you wish to call your Bill? Mr. Clerk, read the Bill."

O'Brien

"House Bill 246, a Bill for an Act to amend Sections of the Revenue Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."

Speaker Madigan

"Mr. DiPrima."

DiPrima

"Yes."

Speaker Madigan

"Are there any Motions relative to Amendment #1?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"No Floor Amendment."

Speaker Madigan

"Third Reading. House Bill 255, Mr. Terzich. Do you wish to call your Bill? Mr. Terzich, do you wish to call House Bill 255? Mr. Clerk, read the Bill."

O'Brien

"House Bill 255, a Bill for an Act to amend Sections of an Act concerning fees and salaries. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Floor Amendment #1, Vinson - Stuffle, amends House Bill 255 on page one and so forth."

Speaker Madigan

"Mr. Vinson."

Vinson

"Ar. Speaker, I would ask that the Sponsor take the Bill out of the record at this particular time."

Speaker Madigan

"Mr. Terzich." 12 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day

Terzich

"For later this afternoon?"

Vinson

"I think...." March 16, 1983

Terzich

"I'll take it out. Sure, I'll take it out."

Vinson

"Thank you."

Terzich

"I'm an easy guy to get along with."

Vinson

"Thank you."

Speaker Madigan

"The Bill shall be taken from the record at the request of Mr. Vinson. House Bill 275 shall remain on the Order of Second Reading. House Bill 302, Representative Topinka - indicates that she does not wish to call her Bill. The Bill shall remain on the Order of Second Reading. House Bill 333, Mr. Mautino. Do you wish to call your Bill? Mr. Clerk, read the Bill."

O'Brien

"House Bill 333, a Bill for an Act to amend Sections of the Civil Administrative Code. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Floor Amendment #1, Mautino, amends House Bill 333 on page one, line ..."

Speaker Madigan

"Mr. Mautino."

Mautino

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #1 to House Bill 333 makes a technical change. Inadvertently, I think, printed was the word 'Irish' when, in fact, it should have been 'Fish', and we have made that corrective change. This is synonymous; but, other than that, I think everyone should know about it. And the second portion is that the ... the Department may accept gifts and donations for deposit into the Investigative Cash Fund, and I see no opposition to the Amendment. It is corrective and authorization in intent. Any questions, I'd be happy to answer them."

Speaker Madigan

"The Gentleman moves for the adoption of Amendment #1. Is there any discussion? There being no 13 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 discussion, the question is, 'Shall the Amendment be adopted?'. All those in favor signify by saying 'aye', all those opposed by saying 'no'. The 'ayes' have it. The Amendment is adopted. Are there further Amendments?"

O'Brien

"No further Amendments."

Speaker Madigan

"Third Reading. House Bill 336. The Clerk informs the Chair that the fiscal note has not yet been filed. Therefore, the Bill shall remain on the Order of Second Reading. House Bill 356, Mr. Hannig. Do you wish to call your Bill? Mr. Hannig indicates that he does not wish to call his Bill. The Bill shall remain on the Order of Second Reading. House Bill 372, Mr. Curran. Do you wish to call your Bill? Mr. Clerk, read the Bill."

O'Brien

"House Bill 372, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Amendment #1, lost in Committee. Floor Amendment #2, Curran, amends House Bill 372 in line 28..."

Speaker Madigan

"Representative Curran."

Curran

"Mr.. Speaker, Ladies and Gentlemen, Amendment #2 is simply a technical correction which does not change the intent or purpose of the Bill. I ask for a positive vote on this Amendment."

Speaker Madigan

"The Gentleman moves for the adoption of Amendment #2. Is there any discussion? There being no discussion, the question is, 'Shall the Amendment be adopted?'. All those in favor signify by saying 'aye', all those opposed by saying 'no'. The 'ayes have it. The Amendment is adopted. Are there further Amendments?"

O'Brien

"No further Amendments."

Speaker Madigan

"Third Reading. House Bill 373. Mr. Curran, do you wish to call the Bill? Mr. Clerk, read the Bill." 14 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983

O'Brien

"House Bill 373, a Bill for an Act to amend Sections of the Child Care Act. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Floor Amendment #1, Curran."

Speaker Madigan

"Mr. Curran."

Curran

"Mr. Speaker, I'd like to withdraw Floor Amendment #1."

Speaker Madigan

"Amendment #1 shall be withdrawn. Are there further Amendments?"

O'Brien

"Floor Amendment #2, Curran."

Speaker Madigan

"Mr. Curran."

Curran

"Mr. Speaker, Ladies and Gentlemen of the House, Amendment #2 responds to certain questions raised by the Department of Children and Family Service and various Committee Members regarding the scope of the Bill and clarity of language. It has been prepared with the cooperation of the Department and the staff on both sides of the aisle. I move for a positive vote on this Amendment."

Speaker Madigan

"The Gentleman moves for the adoption of Amendment #2. Is there any discussion? There being no discussion, the question is, 'Shall the Amendment be adopted?". All those in favor signify by saying 'aye', all those opposed by saying 'no'. The 'ayes' have it. The Amendment is adopted. Are there further Amendments?"

O'Brien

"No further Amendments."

Speaker Madigan

"Third Reading. The Chair recognizes Representative Homer for the purpose of an announcement. Mr. Homer."

Homer

"Thank you, Mr... Thank you, Mr. Speaker, Ladies and Gentlemen. I'd like to, at this time if it pleases the House, acknowledge many of the members of the Fulton County Farm Bureau that we have here with us today up in the 15 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 gallery and welcome them. Thank you. Would you stand up? Would you all stand up from Fulton County, please? Thank you."

Speaker Madigan

"We shall now move to the Order of Third Reading. On the Order of House Bills, Third Reading, Short Debate Calendar there appears House Bill 346, Mr. Homer. It's your lucky day. Mr. Homer."

Homer

"Thank you, Mr. Speaker and Ladies and Gentlemen. House Bill 346, as amended, addresses itself to the Amendment of the Downstate Firemen's Article of the Pension Code. And, basically, it covers a situation not contemplated in the original legislation which has become apparent during the implementation of the... the Pension Code Board. What it does is basically provide that, in situations which we have where there are... The provisions are that there will be eight members to the Pension Board, four of which will be representatives of the city or municipality in which the fire department exists, and four will be representative of firemen. Under the existing law, of the four firemen representatives, three are to be active firemen and one is to be a retired fireman. The problem arises where there are new departments, and there is no retired fireman; or; where, if there are, there is no retired fireman available to serve because they have moved from the area or for whatever reason. This Bill just simply says that where you have that situation that you have no retired fireman eligible, for whatever reason, to serve that that particular position on the Pension Board may be filled by another active fireman, in order to maintain the balance of four firefighters on the Pension Board. And I would... urge your passage of this Bill."

Speaker Madigan

"Mr. Clerk, would you read this Bill for a Third time?" 16 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983

O'Brien

"House Bill 346, a Bill for an Act to amend Sections of the Illinois Pension Code. Third Reading of the Bill."

Speaker Madigan

"Mr. Homer moves for the passage of House Bill 346. On that question, the Chair recognizes Mr. Cullerton."

Cullerton

"Will the Sponsor yield?"

Speaker Madigan

"The Sponsor indicates that he will yield."

Cullerton

"Representative Homer, do you ask these people from Fulton County to come down here to see you pass your first Bill?"

Homer

"No, and none of them happen to be firemen either, so... I'm not even sure if they're in favor of the Bill."

Cullerton

"Okay, well... Thank you."

Speaker Madigan

"Is there any further discussion? The question is, 'Shall this Bill pass?'. All those in favor of the passage of the Bill will signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 105 'ayes', 1 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills, Third Reading, Short Debate Calendar there appears House Bill 360. Mr. Rea, do you wish to call your Bill? Mr. Clerk, read the Bill."

O'Brien

"House Bill 360, a Bill for an Act to amend Sections of the Election Code. Third Reading of the Bill."

Speaker Madigan

"Mr. Rea."

Rea

"Thank you, Mr. Speaker and Members of the House. House Bill 360 changes a conservancy district member... way of selecting trustees from appointed to elective. This involves a district which Representative Ricks and myself 17 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 22nd Legislative Day represent. It does not change the structure of the representation there. It purely, only changes the appointive to the elective process. There will still be the same number of members represented in each of the two counties, and they will still represent, basically, the same geographic areas. I know of no opposition to this... to this Bill and would ask for a favorable Roll Call."

Speaker Madigan

"We are on the Order of the Short Debate Calendar which provides that there shall be one proponent and one opponent to the passage of the Bill. Does anyone stand in opposition to this Bill? No one stands in opposition to the Bill. Therefore, the question is, 'Shall this Bill pass?'. All those in favor signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? Mr. Hoffman, do you seek recognition? Mr. Hoffman, to explain his vote."

Hoffman

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. In explanation of my 'no' vote, I would point out that the State of Illinois has more units of elected government than any state in the United States, and I would suggest to you that this may very well be in contradiction of a Supreme Court case. And, for that reason, I'm voting 'no'."

Speaker Madigan

"Have all voted who wish? The Clerk shall take the record. On this question there are 104 'ayes', 4 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 386, Mr. Wolf. Do you wish to call your Bill? Mr. Clerk, read the Bill."

O'Brien

"House Bill 386, a Bill for an Act relating to credit union funds and burial funds. Third Reading of the Bill."

Speaker Madigan

"Mr. Wolf." 18 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 22nd Legislative Day

House Wolf

House Wolf: "Thank you, Mr. Speaker and Members of the House. Bill 386 simply amends the Credit Union Act and the Funeral and Burial Funds Act to provide that credit union shares may be issued in trust under the Illinois Funeral or Burial Funds Act and that prepaid burial funds may be deposited in federal or Illinois credit unions in the same manner as that they are now deposited in banks and savings and loans, provided of course that they're properly insured institutions. The Bill is supported by the Department of Financial Institutions, the Funeral Directors' Association of Illinois and the Illinois Credit Union League. I urge your support."

Speaker Madigan

"Does anyone stand in opposition? There being no one standing in opposition, the question is, 'Shall this Bill pass?'. All those in favor signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 103 'ayes', 1 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 416. Representative Satterthwaite, do you wish to call your Bill? Mr. Clerk, read the Bill."

O'Brien

"House Bill 416, a Bill for an Act to amend Sections of the Illinois Purchasing Act. Third Reading of the Bill."

Speaker Madigan

"Representative Satterthwaite."

Satterthwaite

"Mr. Speaker and Members of the House, this is merely a technical change to include in the Purchasing Act the words 'or her' in relation to spouses of General Assembly Members. I know of no controversy, and I ask for your support in passing it."

Speaker Madigan

"Does anyone stand in opposition? There being no one standing in opposition, the question is, 'Shall this 19 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 Bill pass?'. All those in favor signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 103 'ayes', 3 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills, Third Reading there appears House Bill 12. Mr. O'Connell, do you wish to call your Bill? Hr. Clerk, read the Bill."

O'Brien

"House Bill 12, a Bill for an Act to amend Sections of the Environmental Protection Act. Third Reading of the Bill."

Speaker Nadigan

"Mr. O'Connell."

O'Connell

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Hosue Bill 12 is... does two things. It, first of all, is a recognition of the importance of a Bill that we passed two years ago and was signed into law by the Governor November of 1981, commonly known as Senate Bill 172. It has to do with siting of waste disposal facilities. In 1981, we found it important to enact a law which required that there be a twofold procedure before a landfill or a waste disposal facility would be located in an area in this state, other than Chicago and Cook County, and that is that they, first of all, as was commonly before, they had to obtain a permit from the EPA. But Senate Bill 172 provided that prior to getting a permit from the EPA, the landfill operator or the sanitary district that made that application had to obtain approval from the local entity in which that site was being located. In an unincorporated area, it would go before the county board and, in a municipality, it would go before the municipal authority. It provided for a set of six criteria of standards to assure environmental safety at that site location. The Bill was applauded. The Bill was supported, 20 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 and the Bill has received favorable commendation from all concerned. There was one grievous omission, however. The Bill omitted the Metropolitan Sanitary District of Chicago. My Bill will put the Metropolitan Sanitary District of Chicago under the confines of this law. The matter came to a for when, in my district in May of 1982, the Metropolitan Sanitary District began bulldozing its way into several communities in my district. They specifically began developing and constructing and dumping sludge in the areas of Summit and proceeded to go westward into the areas of Justice and Willow Springs. Now, this occurred despite the attempts on the part of the villages in my community, in my district, to file a lawsuit and temporarily restrain the MSD from going any further. Despite the lawsuits, despite the outcrys of people from my district for the NSD to stop, they have continued on and will continue to continue on unless something is done. What I am simply asking in this Bill is that, before the Metropolitan Sanitary District of Chicago or any other sanitary district in this state dumps sludge into an area, that they abide by the principles that we found important enough to enact into law, and that is, give the people in the areas in which they are dumping this substance called sludge, give them an opportunity for a hearing to determine whether, in fact, the dumping will constitute an environmental hazard to that area. I don't believe it's asking too much of this Legislature to ask the Metropolitan Sanitary District of Chicago, despite its size, despite its political influence, before they go into an area to make the people aware that, if they contend that the dumping of sludge in this instance is environmentally safe, then give those people an opportunity to utilize a procedural process wherein they would appear before a local entity, go through the six criteria of environmental 21 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 safety. If they are rejected in the local entity, they would have the appeal process to the Pollution Control Board. If the Pollution Control Boards find that indeed the local entity did not adhere to a review of the safety criteria, the Pollution Control Board can overturn the local entity. At that point, the local entity could appeal to the Circuit - strike that - could appeal to the Appellate Court and utilize the full depth of the legal process that's available to everyone else, to everyone else except those communities that are served by the Metropolitan Sanitary District of Chicago. I don't think it's asking much. I think we've already alerted most of the Members of the Legislature as to the importance of this Bill to my community, but it's my community today. And I submit to you that it's going to be your community tomorrow, and I, for one, would like to express my appreciation to the Speaker of this House for his full support on this measure. And I would like to express my appreciate to all the Members, the many Members who have Cosponsored this legislation which is also supported by the Illinois Municipal League. If there are any questions, I'd be happy to answer them."

Speaker Madigan

"The Gentleman moves for the passage of House Bill 12. On that question, Representative Topinka."

Topinka

"Yes, Mr. Speaker and Ladies and Gentlemen of the House, I would certainly encourage all the Members of the House, on both sides of the aisle, especially the suburban Members. This part of John's district used to be my district last year, and I'm very much aware of the problem. There is no redress for the people in this area. They are suffering. It is something that really and truly should be addressed, because why should the Metropolitan Sanitary District be exempt when all other sanitary districts do 22 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 have to comply with these kind of rules and regulations. It's a very good Bill. It's a very needed Bill, and I'd love to see every green light up there. Thank you."

Speaker Madigan

"The question is, 'Shall this Bill pass?'. All those in favor signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 101 'ayes', no persons voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 45, Mr. Cullerton. Mr. Clerk, read the Bill."

O'Brien

"House Bill 45, a Bill for an Act in relation to crime victims' indemnity insurance. Third Reading of the Bill."

Speaker Madigan

"Mr. Cullerton."

Cullerton

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill amends the Insurance Code. It provides for a new category of insurance covering injury or loss due to criminal acts. The crime victims' indemnity insurance authorized by this Bill will protect against damages resulting from criminal acts. This would include such things as property losses, medical expenses, loss of earnings, rehabilitation expenses and mental anguish resulting from the crime. The death benefits would also be provided. In effect, this Bill creates a form of mugging insurance. There is an insurance company, American Bankers Insurance Company in Miami, that does provide for such insurance. It should be an option available to to the citizens of our state. I'd be happy to answer any questions, and I would appreciate your support."

Speaker Madigan

"The Gentleman moves for the passage of House Bill 45. Is there any discussion? There being no discussion, the question is, 'Shall this Bill pass?'. All 23 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 those in favor signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? The Clerk shall take the record. On this question there are 105 'ayes', 2 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 57. Mr. Olson, do you wish to call your Bill? Mr. Olson indicates that he does not wish to call his Bill. House Bill 79. Mr. Wolf, do you wish to call your Bill? Mr. Wolf indicates he does not with to call his Bill. House Bill 233, Representative Currie. Representative Currie indicates that she does not wish to call her Bill. House Bill 235, Representative Currie. Representative Currie indicates that she does not wish to call her Bill. House Bill 273, Mr. Matijevich. Mr. Clerk, read the Bill."

O'Brien

"House Bill 273, a Bill for an Act to amend Sections of the Revenue Act. Third Reading of the Bill."

Speaker Nadigan

"Mr. Matijevich."

Matijevich

"Yes, Mr. Speaker and Ladies and Gentlemen of the House, House Bill 273 is a Bill introduced by myself and all other Lake County Legislators to resond to a problem that involved the assessment of pollution control facilities at our nuclear plant in Zion. There was a Supreme Court decision, and it affected not only the Zion area, but other areas where there are nuclear plants. That Supreme Court decision involved, in the end, possible refunds from Zion area taxing bodies alone of over seven million dollars. I was asked to introduce a bonding Bill whereby payment of refunds could be made; otherwise, it would be impossible for those taxing bodies to pay back in a reasonable way without some type of legislation to increase taxes. So, we came up with House Bill 273 which was actually drafted by the Cutler firm; and, as originally drafted, it was too broad, and the Committee had suggested 24 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 that we make it a narrower definition. And we now have it in such narrow terms where it affects really the Court decision and the illegal taxes that must be refunded to these public utilities. I would appreciate your support. I don't know of any opposition to the Bill, and we really need it. I no longer represent the Zion area, which is really hurting because of that Supreme Court decision. Bob Churchill does, and he has joined me in Sponsorship of the Bill."

Speaker Madigan

"Mr. Matijevich moves for the passage of House Bill 273. On that question, Mr. Churchill."

Churchill

"Mr. Speaker, Ladies and Gentlemen of the House, I rise in support of this Bill. We have a lot of school districts and park districts and districts in our home area that are affected by the Supreme Court decision in the case which allowed Commonwealth-Edison and the nuclear plant to receive refunds in excess of seven million dollars. This is a most important Bill for those districts back home. It allows them a way to finance their way out of their problems. I rise in support of the Bill and ask that those on my side of the aisle join with Mr. Matijevich and myself to support this. Thank you."

Speaker Madigan

"Mr. Hastert."

Hastert

"Mr. Speaker, would the Sponsor yield for a question?"

Speaker Madigan

"Sponsor indicates that he will yield."

Hastert

"Representative Matijevich, a couple of questions that I want to bring out basically for the record. This... In this piece of legislation, it allows for a tax or... or for a bonding to cover a specific problem. Is that correct?"

Matijevich

"That's right."

Hastert

"That specific problem is what?"

Matijevich

"The... Well, it can get very complicated, but what happened in the... the issue that led to the Court suit was 25 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 the definition of how you assess pollution control facilities. The Department of Revenue was assessing at the 33 1/3 and the... For example, in Zion the public utilities said, 'We feel that the', for example, 'the thick walls ought to be part of pollution control facilities'. And, therefore, that led to the Court suit. So, the issue involves pollution control facility assessments, and the Court decision on the payment of the illegally collected taxes."

Haster

"Representative Matijevich, then when that Court suit was enacted or happened, that also then made those school districts or those districts pay back a large amount of money. Is that correct?"

Matijevich

"No question. We don't know yet how much it is statewide. We know in the Zion area, according to the public utilities, what they determine should be refunded it's over seven million dollars."

Hastert

"Representative Matijevich, in Committee we talked about a couple parameters in trying to focus in on this Bill and tighten the Bill up a little bit; because, as it was originally drafted, it would have allowed for other areas and bonding, too. Is that correct?"

Matijevich

"That's right. And, at the suggestion of both the Civic Federation and both of the staffs on the Committee, we narrowed it where it limited the procedure to taxes illegally extended and collected on pollution control facilities as defined in Section 21(C) of the Revenue Act."

Hastert

"Representative Matijevich, another recommendation that we had in Committee was to put a time restraint on the Bill. As the Bill now stands, that time restraint isn't there. I want to know, in your opinion, have we met a criteria.... Is there type... some type of time constraint? Could you elaborate on that?" 26 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983

Matijevich

"I discussed that with the proponents who asked me to introduce the Bill, and they said, just by this limiting language, they thought that was time constraints enough. Because, right now, they are... Let's say we put that 18 month time constraint, for example. They felt that they are in negotiations with the public utilities to try to settle, for example; and, if ... if we put time constraints, then there would have to be some action within a period of time. And they felt just this limiting language would be time constraints enough."

Hastert

"Thank you, Representative. To the Bill?"

Speaker Madigan

"Mr. Hastert."

Hastert

"Mr. Speaker and Ladies and Gentlemen of this House, this piece of legislation is a rather unique piece of legislation. I want the record to show, and I want all Members of this Body to understand that this legislation allows a bonding issue, without any type of referendum - a front-door referendum, a back-door referendum. But, it also brings the constraints down on this piece of legislation to a one-time situation. The Sponsors of this Bill... The Sponsors of this Bill were very cooperative in Committee, trying to focus in on the exact problem, and that was a one-time situation where school districts and other taxing districts actually got caught in a switch and ended up owing a great deal of money in which they couldn't pay out of their... their tax levies. I think, and it's my opinion that this Bill does focus in very tightly that it can't be interpreted or construed to cover other areas; and, for the matter of the record and for the information of this Body, I think it does pull in those constraints. We've had, as I said before, a great deal of cooperation from the Spea... from the Sponsor in passing this Bill and getting the Amendments drawn and drawing those constraints 27 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 in the Bill. I would ask for the support of this Body for this piece of legislation."

Speaker Madigan

"Mr. Matijevich, to close."

Matijevich

"Thank you, Representative Hastert. You've always been very helpful in everything I've done, and I appreciate it again. And I appreciate the vote of all of you."

Speaker Madigan

"The question is, 'Shall this Bill pass?". All those in favor signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 94 'ayes', 9 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 297. Mr. Bowman, do you wish to call your Bill? Mr. Clerk, read the Bill."

Leone

"House Bill 297, a Bill for an Act to amend Sections of the Senior Citizen and Disabled Persons Property Tax Relief Act. Third Reading of the Bill."

Speaker Madigan

"Mr. Bowman."

Bowman

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a very simple measure, one which is intended to put some equity into the Circuit Breaker Program in a very limited number of instances where that equity now does not exist. It passed the Revenue Committee 13 to nothing, and I trust that you will consider it favorably. The reason that I introduced this Bill was because an elderly lady came into my office to have us fill out her Circuit Breaker form, as she had done so many times in the past. However, this year was different. During the year, she moved into a subsidized housing unit and, consequently, because it was a subsidized unity, the property taxes were not assessed against the building. And the law provides that, if you live in a subsidized housing unit, you don't get the benefits of the Circuit Breaker 28 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 Program, but she did live part of the year in a regular housing unit subject to property taxes. Now, the law presently provides in such situations the rent that is ... can be claimed on the Circuit Breaker Program is only that rent that she paid for that part of the year in the non-subsidized unit. However, the law does not provide that you should prorate the income or you should prorate the maximum grant accord... proportionately. So, consequently, since she lived only four months in a non-subsidized unit, her rental payments were quite low relative to her income; and, consequently, she got no grant whatsoever. Now, this lady has... and her husband have an in... total income of seven thousand dollars, Ladies and Gentlemen, seven thousand dollars; and, because she lived four months in a non-subsidized unit and eight months in a subsidized unit, she got absolutely zero grant. Now, if we prorated her income and we prorated the maximum grant accordingly, she would have gotten a very modest grant - less than a hundred dollars. So, it's not that she's going to get rich on this. Indeed, the senior citizens who are affected by this are not going to get rich on it, but it is a question of fairness. I think the state owed her that money. I think the state owes other citizens that money who are in comparable situations. So, my Bill, which simply calls for prorating the ... the annual income and the maximum grant proportional to the number of months spent in a non-subsidized unit, I urge that you pass that Bill and provide equity to these senior citizens."

Speaker Madigan

"Representative Pullen."

Pullen

"I'd like to ask the Sponsor a question or two."

Speaker Madigan

"Sponsor indicates that he will yield."

Pullen

"In the example that you gave, Sir, who was it that was subsidizing the rent for the lady while her... while she 29 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 was living in a subsidized housing unit?"

Bowman

"I believe, in this particular case, that she moved into a housing unit which was owned by the Council for Jewish Elderly, and I believe that their... they have a Section 8 subsidy program through the Federal Government."

Pullen

"Does that mean the federal taxpayer was subsidizing her rent?"

Bowman

"You may wish to draw an inference."

Pullen

"Well, I'm asking you, if it's a Section 8 housing program, that the federal taxpayer that's subsidizing it, right?"

Bowman

"It is a federal program, yes."

Pullen

"So, under this Bill, we're asking the same taxpayers who subsidize to rent to give her a Circuit Breaker, too. Thank you."

Speaker Madigan

"Representative Ewing."

Ewing

"Would the..."

Speaker Madigan

"Spon... Sponsor indicates that he will yield."

Ewing

"Representative Bowman, where will this proration be made? Will the form have to be redone? Are we looking at a lot of administrative costs?"

Bowman

"I... I doubt that very seriously, Representative Ewing. If my recollection serves me correctly, you vere in the hearing room the day the Bill came up. The Department of Revenue took no position on the Bill, and I'm sure, I am absolutely sure that if there were any additional administrative costs the Department of Revenue would have stepped forward and brought that to our attention."

Ewing

"Your Bill doesn't provide... It'll be done in Springfield. The proration is not done on the form."

Bowman

"Well, Representative, I believe that the... the... At the present time... I hope you understand how the situation works. The persons who are hoping to claim benefits under 30 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 this program fill out forms, but they do not calculate the actual amount of the Circuit Breaker benefits which they will then receive. They simply provide the information on the form that goes to the Department of Revenue. The Department of Revenue now calculates the benefits for every senior citizen in this state, and I trust that that procedure will continue to be followed in this instance."

Ewing

"Thank you."

Speaker Madigan

"Representative Birkinbine. Mr. Birkinbine."

Birkinbine

"Thank you, Mr. Speaker. Will the Sponsor yield for a question?"

Speaker Madigan

"Sponsor indicates that he will yield."

Birkinbine

"Woody, would this be a one-time function? Is there a possibility that somebody on a yearly basis might live part of the year in a taxable property home and another part of the year in a subsidized property, maybe even out of state?"

Bowman

"I doubt, very seriously, Representative Birkinbine, that that would occur. You're probably aware that these subsidized units are very, very hard to come by for senior citizens. There are usually long waiting lists. And so, a person moves into a subsidized unit, and it is very, very rare that they... they move out. They will not move back and in... back and forth, because the waiting lists are so long that, if they once move out, it is extremely unlikely that they will ever be able to move back in because then they go to the bottom of the list again."

Birkinbine

"Okay, thank you."

Speaker Madigan

"Mr. Friedrich."

Friedrich

"Would the... Would the Sponsor yield?"

Speaker Madigan

"The Sponsor indicates that he will yield."

Friedrich

"Do you have any idea, Representative Bowman, how many people would be eligible for benefits under your Bill?" 31 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day

Bowman

March 16, 1983 "Well, Representative Friedrich, all I can say is the people who would be eligible would be limited to that class of people who move into a subsidized housing unit sometime during the Calendar Year. Now, to my knowledge, there are no records kept in the state indicating what that exact figure is. So, I cannot give you an exact figure, but I do want to reassure you that we are not opening a Pandora's Box, that that number of a class of people is very well defined and quite limited. And, as you've heard in my response to previous questions, it is not a class of people that, you know, an individual can move in and out of at will. So, it's limited, but I cannot give you the exact figure. I'm sorry."

Friedrich

"But, if a person moved in January, they could apply for a proration for one month, right?"

Bowman

"No. Well, if they moved in January, that's correct. Yes. One month."

Friedrich

"Well, Mr. Speaker and Members of the House. I think we're making a mountain out of a mole hill, and I can't believe enough people are effected to do it. In the second place, if they're moving into public housing, the taxpayer's going to pick up about 90% of the tab to provide housing for these people. And I don't know how far you want to go in gimmicks like this, but I think we've about gone far enough."

Speaker Madigan

"Representative Bowman, to close."

Bowman

"Well, thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'm sorry that there seems to be so little feeling on the other side of the aisle as far as the senior citizens of this state. What we're talking about here is indeed a very small class of individuals. It is limited only to those individuals who happen to be fortunate enough to be able to move into a subsidized senior citizen project 32 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES RANSCRIPTION DEBATE March 16, 1983 sometime during the year. None of these individuals are going to get rich on this Program, but what it does is to restore a measure of equity to the Program for those people. They're entitled to this money. It is a Program that this Legislature has seen fit to establish for senior citizens. They are entitled to this money, and WE should let them have it in those instances where they live a few months of the year in a non-subsidized unit. We should reduce their benefit to be sure... We should reduce it proportionately to the number of months they spend in a non-subsidized unit. So, if they spend one month in a non-subsidized unit, they should get 1/12 of what their grant would normally be. If they spend two months, they should get 1/6 of what their grant would normally be. But whatever it is, they have it coming to them. We have an obligation to provide it, and I urge you to support this Bill."

Speaker Madigan

"The question is, 'Shall this Bill pass?". All those in favor signify by voting 'aye, all those opposed by voting no'. Have all vożed who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 84 'ayes', 21 'nos'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 319, Mr. Jaffe. Do you wish to call your Bill? Mr. Jaffe indicates that he does not wish to call his Bill. House Bill 337, Mr. Friedrich. Do you wish to call your Bill? Mr. Friedrich indicates that he does not wish to call his Bill. House Bill 340. Mr. Ewing, do you wish to call your Bill? Mr. Clerk, read the Bill."

Leone

"House Bill 340, a Bill for an Act in relation to occupation and use tax on personal property purchased by Illinois County Fair Associations. Third Reading of the Bill." 33 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 22nd Legislative Day

Speaker Madigan

"Mr. Ewing."

Ewing

"Mr. Speaker, Ladies and Gentlemen of the House, this is a Bill that we passed out overwhelmingly last year, and it failed to get out of the Senate Rules Committee. As most of us know in this House, the state fairs, local state fairs are subsidized by the Ag Premium Fund. These are state funds. Many of these small fairs with volunteer help build their own buildings and barns and repair the same, and they pay for this with state funds. All through the state there's been a mixed reaction as to whether these state fairs owe pro... sales tax on the expenditures for repair, equipment and lumber and roofing for these fair buildings. This Bill would clarify that and say that the local county fairs do not pay sales tax when they buy this with the money they get from the Ag Premium Fund. Now, I would point out that there is some cost. It's considered to be very minimal - at the maximum - 14,000 dollars across the entire state."

Speaker Madigan

"The Gentleman moves for the passage of House Bill 340. On that question, Representative John Dunn."

Dunn

"Thank you. Mr. Speaker and Ladies and Gentlemen of the House, I rise in opposition to House Bill 340 and would ask the Members to pay attention to this particular piece of legislation which asks the taxpayers of the State of Illinois to forego additional revenue. Probably the most important issue that we will be facing here this springtime is what to do about the lack of revenue in the state coffers. We are going to be asked to make extensive cuts in state operations, or, God forbid, face the question of a state income tax. Any of you who vote for additional tax relief, even though it is small as this particular Bill implies, will be on the spot about an income tax increase, and I think you should take that into very careful 34 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 consideration before you vote for this exemption. In these difficult times when people are out of work and more and more people are seeking general assistance and public aid, I don't really think we can subsidize county fairs to any greater extent than we already have. And I come from an area where we are very agricultural-minded and we pursue the county fair vigorously in the summertime, but I think we just have to stand up and tell our people back home that this is something we cannot do. So, I would urge a 'no' vote on this legislation as a responsible vote for the taxpayers of your districts back home and a vote that will put you in a position to approach the larger issue about budget cuts and income tax on a responsible basis later this spring."

Speaker Madigan

"Mr. Mautino."

Mautino

"Will the Gentleman yield for a question?"

Speaker Madigan

"The Sponsor indicates that he will yield."

Mautino

"Representative Ewing, how many of those county fair facilities and properties are owned by counties?"

Ewing

"Normally they're owned by not-for-profit fair associations, I believe."

Mautino

"Yeah, those same fair associations that receive the dollars for total upkeep from the Ag Premium Fund I think you mentioned, didn't you?"

Ewing

"That... They receive their... part of their funds from the Ag Premium Fund. That's correct."

Mautino

"And, since in many cases this General Assembly has authorized funds for rebuilding buildings as grant programs to those county fairs, you are now saying that, even though we give them the funds and they are a private entity, that they should be exempt from paying sales tax to the local merchants. For what reason?"

Ewing

"Well, Mr. Mautino, Representative Mautino, in many cases 35 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 they are not being charged the sales tax. In some, they are. The money which they're paying the sales tax is the money we give them. So, we've got to give them more money to pay the sales tax."

Mautino

"What is your estimation on the..."

Ewing

"Absolute maximum cost throughout the State of Illinois, if all of the money they... were spent for these type of improvements, which it isn't, would be 14,000 dollars."

Nautino

"Thank you."

Speaker Madigan

"Representative Vinson."

Vinson

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As I understand Representative Ewing's Bill, it is a tax reduction for non-profit associations of a certain type. Now, I could understand why some people might be for that and why some people might be against that, but I'm absolutely shocked that a Member of this House, a Member who stood up and voted for the probation subsidy, who stood up and voted for the scholarships for Legislators and who stood up and voted for the Commission on Health Assistance Planning, why he would want to pour the money into those things, those rip-offs of the public trust, and then oppose something simple like this that simply helps the folks back home. You know, that's simply a prescription for big taxing and big spending, and that's what he's advocating."

Speaker Madigan

"Representative Hoffman."

Hoffman

"Thank you, very much, Mr Speaker and Ladies and Gentlemen of the House. I would be prepared to support the proposition that this, in fact, will save money rather than cost money, because all we're doing is recycling the taxpayers' money from one agency to another and then taking off part of the cost in the process. And so, for this reason, I believe that it should be supported, because it, in fact, will save the taxpayers' money in the long run." 36 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day

Speaker Madigan

"Representative Hastert."

Hastert

March 16, 1983 "Mr. Speaker and Ladies and Gentlemen of the House, the last speaker was indeed correct. To be specific, if you looked at that 17,000 dollars, it would be a tax saving of about 5... exactly 5% of that 17,000 dollars that would go back. And we're actually saving tax money, because we're not paying a tax on it; and, in a sense, it's kind of a tax on tax. It went through our Revenue Committee, which we have some very fine Democratic Members who were convinced it was a good Bill. It was passed out of Committee 13 to nothin... 13 to nothing, and I would ask your support of this Bill."

Speaker Madigan

"Representative Giorgi."

Giorgi

"Mr. Ewing. Is it true..."

Speaker Nadigan

"The Sponsor indicates that he will yield to your profound questions, Mr. Giorgi."

Giorgi

"Is it true that you want the sales tax exempted Ewing: Giorgi: because these dollars are of the skimmed dollars at the track, that are the dirty, gambling dollars that those people from downstate Illinois get their hands on, and you downstate Legislators are afraid to support? Is that true? Is that the reason?" "Yes." "Isn't it also true... You knocked the heck out of my act. Is it also true, in your district and in one of your counties, you have three county fairs where the rest of us are satisfied with one?"

Ewing

"Well, in the wonderful district which I received, by those who drew the map, I have six counties and I imagine I have 15 county fairs."

Giorgi

"And, you know, it's surprising to hear Representative Vinson jump out of his clothes, because again you guys think this is conspicuous waste from the tracks in Chicago. 37 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 You're glad to grab those tax dollars, and now you've found another way to out fox the Chicago gamblers. I've got to give you credit."

Speaker Madigan

"Mr. Ewing, to close."

Ewing

"Ladies and Gentlemen of the House, this is really a noncontroversial Bill, and it straightens out some inequities in our sales tax system. And I would encourage your 'aye' votes. Thank you."

Speaker Madigan

"The question is, 'Shall this Bill pass?'. All those in favor signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 73 'ayes', 21 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. For what purpose does Mr. Hoffman seek Hoffman: recognition?" "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. If I may break in, I'd like to take this opportunity to introduce the political science class from West Chicago Community High School, and their teacher, Steve Arnold, who is represented in this august Body by Representative Hensel. And they're seated up in the left. I'd like to have them be recognized. Thank you, Mr. Speaker."

Speaker Madigan

"House Bill 352. Mr. Mulcahey, do you wish to call your Bill? Mr. Clerk, read the Bill."

Leone

"House Bill 352, a Bill for an Act concerning township and road district employees and amending certain Acts herein named. Third Reading of the Bill."

Speaker Madigan

"Mr. Mulcahey."

Mulcahey

"Thank... Thank you, Mr. Speaker and Members of the House. House Bill 352 simply provides that road districts and township employees shall receive their wages no later 38 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 than 15 days after the scheduled pay periods. There's a lot of problems as far as downstate townships are concerned simply because often times the board or the trustees do not meet often times until the end of the month or the first of the next month. Accordingly, many of these employees have to wait anywhere from 30 to 45 days before they're... before they're paid. This simply puts them on a monthly basis as far as pay is concerned and stipulates that they must be paid within 15 days after that pay period. And I would move for the adoption and the passage of House Bill 352."

Speaker Madigan

"Is there any discussion? The question is, 'Shall this Bill pass?'. For what purpose does Mr. McMaster seek recognition?"

McMaster

"Thank you, Mr. Speaker. This Bill was heard in Counties and Townships. It received a fair hearing. We see nothing wrong with the Bill, and I would recommend a 'yes' vote."

Speaker Madigan

"The question is, 'Shall this Bill pass?'. All those in favor signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? The Clerk shall take the record. On this question there are 106 'ayes', no one voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 355, Mr. Rea. Mr. Clerk, read the Bill."

Leone

"House Bill 355, a Bill for an Act to add Sections to the School Code. Third Reading of the Bill."

Speaker Madigan

"Mr. Rea."

Rea

"Thank you, Mr. Speaker and Members of the House. House Bill 355 requires school boards to file collective bargaining agreements with the Regional Superintendent of Schools. This will help him follow through in terms of doing his job in a better way, and it came out of Committee 39 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 17 to 1. The reasoning behind it is that the Regional Superintendent is responsible for the running of school employee recognition elections, where keeping contracts on file allows him to monitor the results of the process be regulates. The regional superintendent also has authority to rule on questions of bargaining unit composition as a need to know how existing contracts define units. So, actually what this does is that the regional superintendent, since he is currently required to keep on file the individual contracts that each member signs, this Bill would be an extension of this same duty. I would ask for a favorable Roll Call. It came out of Committee 17 to 1."

Speaker Madigan

"The Gentleman moves for the passage of House Bill 355. Is there any discussion? There being no discussion, the question is, 'Shall this Bill pass?". All those in favor signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 90 'ayes', 16 'nos'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 400, Mr. Pierce. Let the record show that there was an indication that Mr. Pierce does not wish to call his Bill. House Bill 427, Mr. Mulcahey. Mr. Mulcahey, do you wish to call this Bill? Mr...".

Mulcahey

"I'm on a roll, Mr. Speaker. Let's go."

Speaker Madigan

"Okay. Mr. Clerk, read the Bill."

Leone

"House Bill 427, a Bill for an Act to amend Sections of the School Code. Third Reading of the Bill."

Speaker Madigan

"Mr. Mulcahey."

Mulcahey

"Thank you, Mr. Speaker and Members of the House. House Bill 427 amends the School Code to provide that any tenure teacher may any time within the school year or 60 40 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 days prior to the beginning of a school year, resign his or her position. Now, as it is right now of course, it is not written, but it is understood that a tenure teacher, once he begins a school year, must serve the entire nine months... the entire nine months. This simply will put educators on the same basis as anybody else, giving them the option to, with a 30 day notice to the Board and/or with the approval of the School Board, give them the option of resigning their position. And I would move for the adoption of House Bill 427."

Speaker Madigan

"Mr. Cullerton."

Cullerton

"I just wondered if he could explain why Chicago wasn't included."

Speaker Madigan

"The Sponsor indicates that he will attempt to answer your question."

Mulcahey

"Well, we never get included in anything else. We thought we'd leave you out."

Speaker Madigan

"Representative Nelson."

Nelson

"Thank you, Mr. Speaker, Members of the House. I would like to point out that there are opponents to this piece of legislation and there are reasons for opposition. Especially - if we will think for a moment not about the teachers and not about the Boards of Education in the specific districts, but rather about our children, our children, the children of Illinois. What we have in certain areas of the state in particular are Boards of Education that are finding it very, very difficult to find teachers of math, of agriculture and sometimes of science. And in most instances, Boards of Education and teachers can come to an agreement. And in most instances, the teacher who wishes to resign works it out with the Board and does resign. In fact, I myself have taken advantage of that kind of an agreement with the Board of Education in my 41 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 district. But it is also the case that some Boards may have a great deal of trouble finding someone mid-year to teach science, or to teach math or to teach agriculture. And in that case, by allowing this to happen, we are harming those children. It is not a matter of deciding between Boards of Education and teachers. I think we need to look at the kids and what is in their best interests. Other members of our society, when they have signed a contract, fulfill that contract. Herschel Walker, for instance, comes to mind. So, I would ask you to think long and hard, and although I believe the Sponsor of the piece of legislation is very sincere, and I understand what he is trying to do, I do not think that we need this in state statute, and I urge a 'no' vote."

Speaker Madigan

"Mr. Johnson."

Johnson

"I move the previous question."

Speaker Madigan

"I don't think there'll be a need for that, Mr. Johnson. Mr. Mulcahey to close."

Mulcahey

"Thank you, Mr. Speaker, Members of the House. This is a very simple concept. It puts...it puts teachers on the same basis as any other employee throughout the State of Illinois, and I would urge an 'aye vote."

Speaker Madigan

"The question is, 'Shall this Bill pass?". All those in favor signify by voting 'aye", all those opposed by voting 'ao'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 79 ayes', 25 'no". This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Second Reading, page three of the Calendar, there appears House Bill 255. This Bill was previously taken from the record at the request of one of our Members. Mr. Terzich, are we ready to proceed with this Bill? Mr. Terzich. This is the Bill that was 42 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEВАТЕ 22nd Legislative Day taken from the record earlier in the day. proceed? No? Shall we leave the Bill on the Order of Second Reading? The Bill shall be left on the Order of Second Reading. There have been filed with the Clerk Motion pursuant to Rule 41 (A) to move to place Resolution March 16, 1983 Are we ready to a #115 House Resolution 115, on the Speaker's Table for immediate consideration. Representative Tate. Tate on the Motion." This Motion has been filed by

The Chair recognizes Mr. Tate. Mr. Tate

The Chair recognizes Mr. Tate. Mr. Tate: "Well, Mr. Speaker, Ladies and Gentlemen of the House, I filed a Motion to move House Resolution 115 from the Table. House Resolution 115 is dealing with the Tax Equity and Fiscal Responsibility Act of 1982. The Congress provided that every entity making a payment of interest and dividends after December 31, 1983 is required to withhold a tax equal to 10% of such payment. And...what I...in the Resolution, an asking the Congress repeal that provision of the Tax Equity and Fiscal Responsibility Act, and I am calling on those of you that have responded. Many I to of you have received mail and phone calls for the past few weeks. Some are misdirected. Rather than sending to us, they should be sending to our Congressmen, but this is a symbolic gesture saying we're in support."

Speaker Madigan

"On the Motion, the Chair recognizes Mr. Greiman."

Greiman

"Thank you, Representative...or Mr. Speaker. I think I have made my own position. This is on the Motion to..."

Speaker Madigan

"This is on the Motion for immediate consideration."

Greiman

"Yes. Yes, the Motion for immediate consideration. I have made my own views quite clear as a rule that I opposed, generally oppose, situations where we would be bypassing Committee, except in those moments where there is 43 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 a need to have an immediate expression or where we build up a feeling that we must, in fact, speak quickly, and we must speak affirmatively. Now, I'm glad, personally, that the Republicans on the other side of the aisle are joining the millions of voters in Illinois...throughout the country in sending a message to Washington, sending a message to the President. And certainly I join with them in the feeling that we must tell the President that he ought not to put his hands in ma and pa's little bank account to have his trillion dollar defense budget over the next few years. Now I think certainly that that warrants an immediate, an immediate action, because it is so rare that ve find you people in line with the rest of the world. So for that reason, because I want to send a message with you to the President SO we can protect small, little folks that have little Savings and Loan accounts from the wicked people who make munitions, because of that, I am going to join and vote with you to suspend the Rule and waive the sending of this to Committee. I think there is already pending some kind of a expression like this, House Resolution 54. Representative Christensen, however, a man who does respect the process, certainly allowed it to go to Executive. But nonetheless, we're going to go with it anyhow. And for that reason, I'll join you in that vote."

Speaker Madigan

"Mr. Tate moves for immediate consideration of House Resolution 115. Mr. Greiman rises in support of the Motion, and for what purpose does Mr. Matijevich seek recognition?"

Matijevich

"Speaker, I'd...and I haven't even asked Ray Christensen on this, but I know he's done some work OD this. I would ask leave of the House to have Ray Christensen be a dash Co-chief Sponsor of this if he would so wish, because he has done work. He did it the right way 44 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 going to Committee, and have leave that his name be Co-chief Sponsor of this Resolution. I know Tate would love that, too, right?"

Speaker Madigan

"Representative Tate has indicated that he would support the suggestion of Representative Matijevich. Is there leave? Leave is granted, so we add Representative Christensen as a Cosponsor of this Resolution. We will now move to the question of the Motion for immediate consideration. That Hotion has been made by Mr. Tate. It has been supported by Mr. Greiman. All those in favor say 'aye', all those opposed say 'no'. The Notion carries. We have now moved to consideration of House Resolution 115. And on that question, the Chair recognizes Mr. Tate."

Speaker Madigan

"On the Resolution."

Tate

"Mr. Speaker, Ladies and Gentlemen of the House, I think it is fairly self-explanatory, the Resolution, in my explanation of the Motion. And I think this is the best way that we can demonstrate our concern of the millions and millions of people that right now have been writing and calling their Congressmen for the last few weeks, to a demonstration of expression of our concern to those people by sending a message to Congress. So, a vote in...a sympathy vote would be a vote in favor of that."

Speaker Madigan

"Mr. McPike."

McPike

"Thank you, Mr. Speaker. Would the Sponsor yield?"

Speaker Madigan

"The Sponsor indicates that he will yield."

McPike

"You are requesting that we send this to the Congress, and that we urge Congress to repeal the provisions of the Tax Equity and Fiscal Responsibility Act, etcetera. Would you agree to amend this on its face to send a copy to the President who has indicated that he is opposed to this. It seems to me like the President and Senator Dole, both strong Republicans who stand up for the business community, 45 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 they have been the movers behind this. It would seem to me that if we want to call anyone's attention to it, we should try to address ourselves to the Republican Senator Dole, the Chairman of the Senate Finance Committee, who has already blasted the banks, and the President of the United States who says that if this Amendment or this repealer is passed, that he will veto it. I would like to amend the Resolution on its face so we can send it to President Reagan and give him a message from Illinois that Democrats and a few Republicans don't agree with him."

Speaker Madigan

"Mr. McPike has requested to Representative Tate that the Resolution be amended on its face. On that question, Mr. Tate."

Tate

"Representative McPike, I certainly would oblige you in sending a copy to the President of the United States. However, this is an issue that is presently pending in front of the Congress, and may be even acted on today, and that's how...why I am addressing the issue to the Congress."

Speaker Madigan

"Mr. McPike."

McPike

"Well, are you objecting or agreeing? Pardon me? Thank you."

Speaker Madigan

"Mr. Tate has agreed. Therefore, the question is, 'Is there leave to amend the Resolution on its face to include President Reagan among those who would receive a copy of this Resolution?'. Is there leave? Leave is granted. The Resolution has been amended on its face to include President Reagan among those who shall receive a copy of the Resolution. For what purpose does Mr. Friedrich seek recognition?"

Friedrich

"I wanted to make an inquiry of the Sponsor. Does this...would this Resolution automatically go to Speaker Tip O'Neil, who also is opposed to this change? If not, I 46 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 would like to see his name included too, because he's been an open advocate, and he's running the House of Representatives."

Speaker Madigan

"Mr. Friedrich, the Resolution reads Speaker of the House of Representatives, and I don't think they were referring to me."

Friedrich

"Great. I wanted to be sure he was included."

Speaker Madigan

"Okay. Now for what purpose does Mr. Neff seek recognition?"

Neff

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I am in full support of this Resolution. We all know what a problem this has created, how disturbed the public is on this withholding, and it is very confusing. Now also as you read the present Bill, the..."

Speaker Madigan

"Would you turn on Mr. Neff? Would you turn on Representative Neff? Is your microphone on or off, Mr. Neff? Proceed, Mr. Neff."

Neff

"Well, mainly that the confusion this has caused - and we know in the present Bill there is many people over 65 that will probably not have to pay, but the confusing part of it was, each of those individuals must go into lending institutions, wherever they get these dividends, and sign a statement that they are not required to withhold. And this is very confusing. Many people are confused on who's going to pay and who isn't. And personally, I am happy that Representative Tate has put a Resolution in, and I hope we can get it in before the final vote."

Speaker Madigan

"On the question of the Resolution, the Chair recognizes Representative John Dunn."

Dunn

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. When the discussion began, I was just going to sit here and vote for the Resolution. But since there has been some discussion, I wonder if we should take into account 47 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 that, at least what I've been reading in the media, is that this issue is tied to the Federal Jobs Bill. And where I come from, unemployment is running 18, 19 and 20%, and I don't want to do anything to jeopardize that Jobs Bill in the United States Congress. So, I don't know what we should do now that we've got this issue out on the floor. I think we'd be better off without the issue, because ve all know, I don't think there's anybody in here who doesn't want to see the repeal of the withholding on interest and savings, because all of our people back home are, I would say, unanimous about that. But the way that President Reagan has indicated that with the Amendment tied on in the United States Senate, that he will repeal the...or veto the whole Jobs Bill if this is added on. I don't know what we're doing here. Maybe we're placing the Jobs Bill in jeopardy, and I don't want to be a part of anything like that to the State of Illinois in these times."

Speaker Madigan

"Representative Hastert."

Hastert

"Mr. Speaker, Ladies and Gentlemen of the House, I would just be very brief, but mention that this Body has moved rather promptly, swiftly on this issue. We have before us for consideration very soon, House Bill 400, that's sponsored by Representative Pierce, Representative Churchill and myself which decouples, basically, Illinois from adding...or taking a 2 1/2% tax off on savings. Also we have House Bill 430 which does almost exactly the same thing. We have passed that. It is before the consideration of this House, and probably fitting and apt that we do support this Resolution."

Speaker Madigan

"Mr. Johnson to close. Excuse me, Mr. Tate."

Tate

"Well, Mr. Speaker, Ladies and Gentlemen of the House, I think the issue's been thoroughly discussed. I would just like to respond to one statement my former colleague had 48 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 22nd Legislative Day March 16, 1983 made, and the reason I have introduced the Resolution and the necessity for the urgency behind the Resolution is that the Sponsor in the House has indicated that he may be willing to divide the question in separate and take off the Amendment. And that's exactly what we're encouraging people to do is, without jeopardizing that Job Bill, is address this issue by itself. So, I encourage an 'aye' vote. Thank you."

Speaker Madigan

"The question is, 'Shall this Resolution be adopted?'. All those in favor signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? The Clerk shall take the record. On this question, there are 94 ayes, 4 'nos'. The Resolution is adopted. On the Order of Agreed Resolutions, the Chair recognizes the Clerk."

O'Brien

"House Resolution 109, Panayotovich and Giglio. 112, Van Duyne. And House Joint Resolution 19, Ewing."

Speaker Madigan

"Mr. Giorgi."

Giorgi

"Mr. Speaker, Panayotovich's Resolution honors Adam N. Popovich. Van Duyne's 112 recognizes the President of the Illinois Precision being honored as chamberperson. And Ewing's House Joint Resolution 19 honors a marriage, and I move for the adoption of the Agreed Resolutions."

Speaker Madigan

"The Gentleman moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'aye', all those opposed by saying 'no'. The 'ayes' have it. The Motion carries. The Resolutions are adopted. General Resolutions."

O'Brien

"House Resolution 110, Van Duyne. House Resolution 111, Van Duyne. And House Resolution 113, Deuchler et al."

Speaker Madigan

"Committee on Assignment. Death Resolution."

O'Brien

"House Resolution 114, Ewing et al, with respect 49 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 to the memory of P. E. 'Doc' Fonner."

Speaker Madigan

"Mr. Giorgi."

Giorgi

"I move for the adoption of the Death Resolution."

Speaker Madigan

"The question is, 'Shall the Death Resolution be adopted?'. All those in favor signify by saying 'aye', all those opposed 'no'. The 'ayes' have it. The Resolution is adopted. We are prepared to adjourn. Is there any further business to come before the House? I'm told that there might be someone walking the floor with some material for the Members. Before we adjourn, the Chair would like to remind the Members that there is approximately one month left until we reach the deadline for the introduction of Bills. There is approximately 30 days left until we reach the introduction for the deadline of Bills. And thereafter, the deadlines for Committee consideration and floor consideration of Bills will move very quickly upon us. So, I wish to advise you that if you do have Bills drafted, they should be introduced. If Bills have been introduced, they should be posted in Committee as quickly as possible and moved along through the process, because very shortly, we will begin to develop a backlog of legislation which will make it more difficult for us to get to a consideration of every Bill on the Calendar. Thank you very much. Mr. McPike for the Adjournment Resolution. And for what purpose does Mr. Vinson seek recognition?"

Vinson

"Mr. Speaker, yesterday I received a telephone call from the Council on the Reapportionment Commission indicating that the meeting for this week was cancelled and that there would be a meeting on April 14th. I wonder if that, in fact, is a scheduled meeting that will occur on April 14th, or if that is just an indication that it is going to be delayed for some time."

Speaker Madigan

"I don't feel that I am in a position to answer 50 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 your question, Mr. Vinson. I would think that it would be more properly directed to the person who gave you the initial notification. Mr. McPike on the Adjournment Motion."

McPike

"Thank you, Mr. Speaker. Does the Clerk need any time? Ten minutes."

Speaker Madigan

"Ten...ten minutes."

McPike

"Allowing the Clerk 10 minutes for a Perfunctory Session, I move that the House stand adjourned until Tuesday, March 22 at the hour of 12 noon."

Speaker Madigan

"The Gentleman moves that we stand adjourned until Tuesday at the hour of 12 noon. All those in favor signify by saying 'aye', all those opposed 'no'. The 'ayes' have it. We stand adjourned until Tuesday at 12 noon with 10 minutes for Perfunctory Session."

O'Brien

"Committee Report. Representative Jaffe, Chairman from the Committee on Judiciary, to which the following Bills were referred, action taken March 16, 1983, reported the same back with the following recommendations: 'do pass House Bills 170, 374 and 169; 'do pass as amended House Bills 172, 317, 36, 67, 268, 455 and 114; 'do pass Short Debate Calendar' House Bill 137, 139 and 140; 'do pass as amended Short Debate' House Bill 33. Introduction and First Reading of Bills. House Bill 747, Capparelli McAuliffe, a Bill for an Act to create a new Act relating to prisoners confined in county jails. First Reading of the Bill. House Bill 748, Deuchler et al, a Bill for an Act to amend the Illinois Housing Development Act. First Reading of the Bill. House Bill 749, Deuchler, a Bill for an Act to require the installation of smoke alarms in dormitory bedrooms in state colleges and universities. First Reading of the Bill. House Bill 750, Hallock and Satterthwaite, a Bill for an Act to amend the Minimum Wage 51 22nd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 16, 1983 Law. First Reading of the Bill. Bouse Bill 751, Brookins White et al, a Bill for an Act to amend Sections of the Election Code. First Reading of the Bill. House Bill 752, Tuerk, a Bill for an Act to amend the Workers Compensation Act. First Reading of the Bill. House Bill 753, by Representative Tuerk, a Bill for an Act to amend Sections of the Revenue Act. First Reading of the Bill. House Bill 754, by Representative Ewing, a Bill for an Act to amend Sections of the School Code. First Reading of the Bill. House Bill 755, by Representative Krska, a Bill for an Act to amend the Chicago Firemen's Article of the Pension Code. First Reading of the Bill. House Bill 756, by Representative Pangle, a Bill for an Act to amend Sections of the Revenue Act. First Reading of the Bill. House Bill 757, Wojcik - Hensel - Harris - Yourell and William Peterson, a Bill for an Act to amend the Township Law. First Reading of the Bill. House Bill 758, by Representative Terzich, a Bill for an Act to amend Sections of the Illinois Pension Code. First Reading of the Bill. House Bill 759, by Representatives Wojcik - Yourell - Giglio - Leverenz and Hensel, a Bill for an Act to amend the County Zoning Act. First Reading of the Bill. House Bill 760, by Representative Matijevich, a Bill for an Act relating to fire and explosion investigators. First Reading of the Bill. House Bill 761, by Representative Terzich, a Bill for an Act to amend Sections of an Act relating to certain investments of public funds by public agencies. First Reading of the Bill. House Bill 762, by Representative Karpiel, a Bill for an Act relating to land use. First Reading of the Bill. Does anyone have further Bills for introductions? No further business, the House now stands adjourned." 52 04/04/83 15:40 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 16, 1983 PAGE 1 HB-0012 THIRD READING PAGE 20 HB-0025 SECOND READING PAGE 8 HB-0045 THIRD READING PAGE 23 HB-0246 SECOND READING PAGE 12 HB-0273 THIRD READING PAGE 24 HB-0297 THIRD READING PAGE 28 HB-0333 SECOND READING PAGE 13 HB-0340 THIRD READING PAGE 33 HB-0346 THIRD READING PAGE 16 HB-0352 THIRD READING PAGE 38 HB-0355 THIRD READING PAGE 39 HB-0360 THIRD READING PAGE 17 HB-0372 SECOND READING PAGE 14 HB-0373 SECOND READING PAGE 15 HB-0376 SECOND READING PAGE 6 HB-0386 THIRD READING PAGE 18 HB-0415 SECOND READING PAGE 7 HB-0416 THIRD READING PAGE 19 HB-0427 THIRD READING PAGE 40 HB-0741 FIRST READING PAGE 5 HB-0742 FIRST READING PAGE 5 HB-0743 FIRST READING PAGE 5 HB-0744 FIRST READING PAGE 5 HB-0745 FIRST READING PAGE 5 HB-0746 FIRST READING PAGE 5 HB-0747 FIRST READING PAGE 51 HB-0748 FIRST READING PAGE 51 HB-0749 FIRST READING PAGE 51 HB-0750 FIRST READING PAGE 51 HB-0751 FIRST READING PAGE 52 HB-0752 FIRST READING PAGE 52 HB-0753 FIRST READING PAGE 52 HB-0754 FIRST READING PAGE 52 HB-0755 FIRST READING PAGE 52 HB-0756 FIRST READING PAGE 52 HB-0757 FIRST READING PAGE 52 HB-0758 FIRST READING PAGE 52 HB-0759 FIRST READING PAGE 52 HB-0760 FIRST READING PAGE 52 HB-0761 FIRST READING PAGE 52 HB-0762 FIRST READING PAGE 52 HR-0115 MOTION PAGE 43 HR-0115 ADOPTED PAGE 45 SJR-0014 ADOPTED PAGE 6 SUBJECT MATTER HOUSE TO ORDER - SPEAKER MADIGAN PAGE 1 PRAYER - REVEREND WAYNE VAN GELDEREN PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 3 COMMITTEE REPORTS PAGE 4 AGREED RESOLUTIONS PAGE 49 GENERAL RESOLUTIONS PAGE 49 DEATH RESOLUTION PAGE 49 ADJOURNMENT PAGE 51 PERFUNCTORY SESSION PAGE 51 COMMITTEE REPORT PAGE 51 PERFUNCTORY SESSION - ADJOURNMENT PAGE 52