"The House shall come to order. The Members shall be in their chairs. All unauthorized personnel shall leave the floor. The House shall come to order. The Members shall be in their chairs. We shall be led in prayer today by the Reverend Brooks Martin, Pastor of the French Church in Ridgefarm, Illinois. Reverend Martin is a guest of Representative Harry "Babe" Woodyard. Would the guests in the gallery please rise to join us in the invocation?"
"Shall we bow our heads for prayer. Eternal God, our Father, we take these moments before the important business of the day to honor Your name and to humbly seek Your divine guidance and blessing. We heartily praise You for Your greatness, Your goodness, and Your providential care over us, Your children. We thank You for the infinite love with which You seek us out and give us abundant life. We thank You for calling us to be Your servants and to love one another. How thankful we are for this great and free Nation formed under Your direction and founded upon Your holy word. We thank You for the magnificent beauty of our land and the bounty of our resources. We thank You for the gift of freedom and our democratic way of life. We thank You for our freedom of expression, but most of all for the freedom of worship, of worshipping God according to our own personal beliefs. We thank you for the wise leaders who have guided us to greatness and prominence in the world. We thank You for the men and women who have served our Nation and especially those who have given their lives that we might remain free. And we praise You for this great State of Illinois in which we live and for these here today who represent and serve the people. We seek now Your blessing upon our President and the Congress, upon our own 1 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 Governor, our Representatives and our Senators and upon all who serve in leadership positions. Then we pray, Father, as this assemblage has gathered today to conduct the serious business of State Government, that You will grant wisdom, insight, and perseverance. We pray especially for each individual Member of this House and for each one's family. We ask that You touch each heart with the assurance of Your presence, with the promise of Your love and forgiveness. How we thank You that this is possible through Jesus Christ our Saviour. Lord, we realize that without Your permissive will and wise counsel, we can do nothing. For in our own strength and worldly wisdom, our efforts are futile. We need Your divine counsel. We need Your direction. We need You, Our Father, to be in control of our lives and control of this Session today. So for the corporate Body here, we pray that they may handle the responsibilities of their office as a sacred trust. Let not partisanship nor pettiness stand in the way of honest, efficient, and beneficial service to the people of our beloved state. May the common good come before any political or personal considerations and may we realize that for our actions and attitudes we must all stand before the Judge of the ages to give full account. So may we act wisely and in the spirit of compromise to accomplish what is best for our people. May we know Your way and walk therein. May there be a spiritual awakening across this Nation and across the world. Bless now the activities of this day, Our Father, and our grateful hearts shall voice our loving praise. This we pray in the name of Jesus Christ, Your Son, who gave himself to be our Saviour, and who ever lives as our intercessor before Your throne. To Him be glory, honor, and praise forever. Amen."
"We shall be led in the Pledge of Allegiance by 2 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day Representative Ropp." March 22, 1983
"I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Greiman, are there any excused absences?"
"Yes. ... Yes, Mr. Speaker... Would the record show that Representatives Henry, Shaw, and Vitek are excused for illness?"
"Let the record show that those Representatives are excused because of illness. Mr. Vinson, are there any excused absences?"
"Representative Ebbesen and Representative Ralph Dunn."
"Let the record show that those Representatives are excused. Mr. Clerk, take the record. There are 103 Members responding to the Attendance Roll Call. There is a quorum present. Committee Reports."
"Representative Jaffe, Chairman of the Committee on Judiciary, to which the following Bill was referred, action taken March 16, 1983, reported the same back with the following recommendation: 'do pass as amended' House Bill 46."
"Reading of the Journal."
"Journal for the 17th Legislative Day. The House met pursuant to adjournment..."
"The Chair recognizes Representative McPike for the purpose of a Motion."
"Thank you, Mr. Speaker. I move that we dispense with the reading of the Journal. That Journal #17 of March 8th, #18 of March 9th, #19 of March 10th, #20 of March 14, #21 of March 15, 1983 be approved as read."
"The Gentleman moves for the suspension of the 3 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 reading of the Journals and that they be approved as read. All those in favor signify by saying 'aye, all those opposed by saying no. The 'ayes' have it. The Gentleman's Motion carries. Mr. Clerk, Introduction and First Reading."
"House Bill 763, McAuliffe and Neff, a Bill for an Act to amend Sections of the Illinois Vehicle Code. First Reading of the Bill. House Bill 764, Hallock, a Bill for an Act to amend Sections of the Illinois Vehicle Code. First Reading of the Bill. House Bill 765, Oblinger, a Bill for an Act to amend Sections of an Act in relation to adoption of persons. First Reading of the Bill."
"On page 3 of the Calendar, on the Order of House Bills Second Reading, Short Debate Calendar, there appears House Bill 27. Mr. Cullerton. Is Mr. Cullerton in the chamber? On the Order of House Bills Second Reading, Short Debate Calendar, there appears House Bill 171, Mr. Johnson. Is Mr. Johnson in the chamber? House Bill 286, Mr. Steczo. Is Mr. Steczo in the chamber? On the Order of House Bills Second Reading, House Bill 1. Mr. Cullerton. Is Mr. Cullerton in the chamber? House Bill 21, Representative Topinka. Is Representative Topinka in the chamber? Let the record show that all these Bills are being called for consideration even though the Sponsors are not in the chamber to consider their Bill. House Bill 208, Mr. Saltsman. Is Mr. Saltsman in the chamber? House Bill 244. 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 255, Representative Terzich. Is Mr. Terzich in the chamber? Do you wish to call your Bill, Mr. Terzich? Mr. Terzich indicates that he does not wish to call his Bill. House Bill 257, Mr. Cullerton. Has Mr. Cullerton arrived? Does anyone know if 4 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 Mr. Cullerton is in Springfield? House Bill 275 shall not be called. For what purpose does... House Bill 299, Representative Currie. Do you wish to call your Bill? Mr. Clerk, read the Bill."
"House Bill 299, a Bill for an Act to amend Sections of the Illinois Human Rights Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 302, Representative Topinka. Is Representative Topinka in the chamber? House Bill 318, Mr. Jaffe. Do you wish to call your Bill? Mr. Clerk, read the Bill."
"House Bill 318, a Bill for an Act to amend Sections of the Code of Civil Procedure. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions relative to Amendment #1?"
"No motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 336. The Clerk informs the Chair that the fiscal note has not yet been filed relative to this Bill; therefore, the Bill shall remain on the Order of Second Reading. House Bill 356. Mr. Hannig, do you wish to call your Bill? Is Mr. Hannig in the chamber? Mr. Hannig, do you wish to call House Bill 356? Mr. Hannig indicates that he does not wish to call his Bill. House Bill 394. The Clerk informs the... Chair that the State Mandates Act Fiscal Note has not yet been filed; therefore, this Bill shall remain on the Order of Second Reading. House Bill 447. Mr. Hannig, do you wish to call that Bill? Mr. Clerk, read the Bill." 5 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day
March 22, 1983 "House Bill 447, a Bill for an Act to add Sections to the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"None." "Third Reading. We shall now proceed to the Order of Third Reading on page 4 of the Calendar. House Bills Third Reading, Short Debate Calendar. We are now on the Order of Third Reading. House Bill 376. Mr. Curran, do you wish to call your Bill? Mr. Curran indicates that he does not wish to call his Bill. House Bill 415, Mr. Flinn. Mr. Clerk, read the Bill. This Bill is on the Order of the Short Debate Calendar. There shall be one proponent and one opponent to the Bill. Mr. Flinn."
"House Bill 415, a Bill for an Act to amend the Illinois Credit Union Act. Third Reading of the Bill."
"Mr. Flinn."
"Thank you, Mr. Speaker. Mr. Speaker and Ladies and Gentlemen of the House, what this Bill does, it picks out of the statute books the laws on privacy dealing with banking and Savings and Loan and places of the same statute concerning credit union. It puts it in the Credit Union Act. And it has to do with the privacy of the financial records such as signature cards, statement ledger cards, and other documents...that should be considered private. It permits the employees of the credit union and other people who have access to these records of making them public ... unlawfully. And I would ask for your support in the Bill."
"Does anyone stand in opposition to this Bill? There being no one standing in opposition to this Bill, the question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', all those opposed by voting 'no'." 6 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 Have all voted who wish? Have all voted who wish? The Clerk shall take the Record. This Bill having received a Constitutional ... there being 106 'ayes' and no votes on this Bill, this Bill having received a Constitutional Majority is hereby declared passed. On the Order of House Bills Third Reading, there appears House Bill 25. Mr. Cullerton, do you wish to call your Bill? The Gentleman indicates that he does not wish to call his Bill. House Bill 57, Mr. Olson. Is Mr. Olson in the chamber? Mr. Olson, do you wish to call your Bill? The Gentleman indicates that he does not wish to call his Bill. House Bill 79, Mr. Wolf. Mr. Wolf indicates that he does not wish to call his Bill. House Bill 233, Representative Currie. Representative Currie indicates that she does not wish to call her Bill. Representative... 235, Representative Currie. The Lady indicates that she does not wish to call her Bill. House Bill 246, Mr. DiPrima. Mr. DiPrima, do you wish to call your Bill? Mr. DiPrima indicates that he does not wish to call his Bill. House Bill 319, Mr. Jaffe. Mr. Jaffe."
"...Mr. Speaker, I filed Amendment #2 with regard to House Bill 319 which would satisfy a lot of the objections that we were talking about.. prior..when this Bill was called on Third Reading. So at this time, if that Amendment has been distributed ... I would like to have leave to return House Bill 319 to Second Reading for the purpose of an Amendment."
"The Gentleman requests leave to return this Bill to the Order of Second Reading for the purpose of an Amendment. The Clerk informs me that the Amendment has not yet been printed, Mr. Jaffe. Mr. Jaffe. Would you turn on Mr. Jaffe?"
"Well, Mr. Speaker, in that event why don't we leave it on 7 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 Third and when the Amendment is printed, I can take it back to Second?"
"The Bill shall remain on the Order of Third Reading. House Bill 333, Mr. Mautino, do you wish to call your Bill? The Gentleman indicates that he does not wish to call his Bill. House Bill 337. The Clerk informs me that Mr. Friedrich does not wish to call his Bill. House Bill 372. Mr. Curran, do you wish to call your Bill? Mr. Clerk, read the Bill.
"House Bill 372, a Bill for an Act to amend Sections of the School Code. Third Reading of the Bill."
"Mr. Curran."
"Mr. Speaker, Ladies and Gentlemen, House Bill 372 amends the School Code, and it amends the School Code in that Section of the Code which refers to suspension or revocation of teachers' certificates. At present, a teachers' certificate, which is the teachers' right to practice their profession, can be suspended or revoked. In other words, they can be out of a job and out of a... the right to practice their profession anywhere. The teacher's certificate could be suspended or revoked for something as flimsy as failure to show up at a teachers' institute. What we have done with House Bill 372 is taken some of the vague and unnecessarily...unnecessary language out of the School Code as ... as affects teachers' certificates. I want to make it clear that even after House Bill 372 passes and becomes law, a teacher can still be fired or suspended. You simply can't take away their right to practice their profession for something as flimsy as failing to attend a teachers' institute."
"The Gentleman moves for the passage of House Bill 372. On that question, Representative Hoffman."
"Thank you very much, Mr. Speaker. Will the ... Sponsor 8 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 of the Bill yield to a question?"
"The Sponsor indicates that he will yield."
"Does this apply only to non-attendance at a teachers' institute?"
"No, in addition to not attending a teachers' institute, Representative, there are provisions in the law now which would allow the revocation or suspension of a teacher's certificate for failure to attend professional meetings, for failure to return reports in on time, ... and I think for ... neglect of something like any professional duty. I think that's the total strike-outs here."
"So you..."
"Remember that we're not talking about eliminating the right to fire a teacher. We're not talking about eliminating the right to suspend a teacher or dock a teacher for pay. We're talking about taking some unnecessarily...unnecessary language and vague language out which would disallow or could disallow a teacher's right to practice their profession."
"Is anything...anything taken out of the law besides the neglect of any professional duty?"
"The examples of professional conduct are also taken out. And those examples we've just gone through here."
"The examples of unprofessional conduct or professional conduct?"
"Unprofessional conduct, I believe."
"So the ... immorality, conditions of health, incompetency, those are all left in?"
"Those are all left in, Representative."
"And those could all be reasons for ... suspension of a certificate by the ... Teachers' Certification Board."
"If this Bill passes, those still could....immorality could still be reason for suspension. Yes." 9 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983
"All right, fine. Thank you very much."
"Thank you."
"Representative Mulcahey."
"Thank you, Mr. Speaker and Members of the House. I rise in support of this particular piece of legislation. This Bill is ... simply one which is going to clarify and simplify the means by which teachers may or may not retain their license. It's ...it's a type of thing where the revocation is so flimsy as it reads right now. This is going make....this is going to put it in line as the way it should be. It's almost like telling a dentist that he is going to lose his license...the license to practice dentistry if he does not attend the Midwest Council on... the new methods of dental hygiene which is absolutely asinine. It has nothing to do with his qualifications. It has nothing to do with his ... his education and background. This is a good clarification Bill that's long overdue. It is something that I think we should all vote for...there's no problem with the Bill, whatsoever, and I would urge an 'aye vote."
"Representative Birkinbine."
"Thank you, Mr. Speaker. Will the Sponsor yield for a question?"
"The Sponsor indicates that he will yield."
"I see in the Bill that one thing that's being deleted is the language that says, 'It shall also include neglect or unnecessary delay in making of statistical and other reports required by school officers.' Is that right?"
"That's right. At present, Representative, a teacher's certificate, a teacher's right to practice his or her profession, for which he may have spent six years studying or more, could be suspended for a late report. We're taking that language out. We're not taking out the 10 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 possibility that a teacher could be fired for that, just taking out the language that allows them their license to practice their profession to be suspended or revoked."
"It sounded right then as though you said two different things. You're not taking out the fact that they could be let go for not coming through with these reports and yet they could be let go for not coming through with these reports."
"No, to fire a teacher is not to take away a teacher's certificate. To take away a teacher's certificate is to disallow a teacher to practice their profession anywhere. To fire a teacher is to disallow a teacher to practice their profession at a particular institution."
"Well, if indeed you had a teacher who was required by the school that the teacher worked at to come through with the grades for class by a certain date, and the teacher consistently refused to come through with those grades at that date or maybe never came through with them and did this on a regular basis; admittedly, they might be fired from one school and fired from another school. Don't you think at some point those ought to be grounds for having the certificate removed?"
"I don't think that you ought to be able to remove a certificate for a late report. Now I think effectively what this language does, it takes out the possibility of taking away a teacher's certificate, teacher's right to practice their profession, for something as unnecessary as a late report. They could still be fired. They simply couldn't lose their total right to practice their profession."
"Well, Mr. Speaker, if I could speak to the Bill. Ladies and Gentleman, I think what we're faced here with is yet one more example of the... Legislature's movement to 11 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 take away more and more local control of our schools. That seems to be a standard that a lot of people profess and speak highly of when they're running for election, but when it comes to our time down here in Springfield, we seem to be all that willing to go willy-nilly along with the unions and do what ever it is they wish down here; thereby, taking away the control that the local elected school boards have over their schools. I think it's unwise and I would urge a 'aye'...a 'nay' vote. Thank you."
"Representative Harris."
"Thank you, Mr. Speaker. Representative Curran... will the Sponsor yield for a question?"
"The Sponsor indicates that he will yield."
"Representative Curran, what recourse does a teacher now have if he or she is charged with neglect of professional duty?"
"They ... they can appeal that."
"So there is a process in place that is ... Is the appeals process a fairly rapid one? Is a decision..."
"There's almost always an appeal process in almost any situation like this. But I think it's very unwarranted for us to have a provision in law for such an important position in our community as teacher, to be able to take away their total right to practice for something like filing a late report. We... They can still be fired. They simply can't have their total right to practice their profession taken away for reasons such as mentioned here."
"Representative Stuffle....Mr. Harris, are you finished?"
"Yes."
"Thank you. Representative Stuffle."
"Yes,... Members of the House, this particular Bill has nothing to do with local control of schools at all. I 12 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 heard that raised on the other side. Those seem to be the red flag buzz words that come up whenever we have a Bill dealing with teachers or teacher rights. This Bill has nothing at all to do with that. It deals with teacher certification which is not done by the local school board in any way, shape or form. We ought to know that. The process involves a state entity. The process in this Bill involves that state entity, not the local school boards at all. It merely, what Representative Curran's trying to do is to take out some language that's extremely ambiguous, extremely unfair, doesn't apply to other people and has nothing at all to do with the ability to hire and fire whatsoever. So those arguments to the contrary on the other side, really don't have anything to do with this Bill. The Bill is exactly as it's been portrayed by Bepresentative Curran, was portrayed in Committee, and thereto, there was seemingly a lack of knowledge of what it did. It's a good Bill, and a fair Bill and one that would put teachers in a fairer position regarding attempts to take away their teachers' certification. I see no reason to oppose the Bill. It ought to be passed for the reasons given."
"Representative Hastert. Mr. Hastert. Where should he go? Could you go to the aisle behind you, Mr. Hastert, maybe to Representative Neff's station? Turn on Representative Neff's microphone. Representative Hastert."
"Mr. Speaker, would the Sponsor yield?"
"The Sponsor indicates that he will yield."
"Mr. Sponsor, I have a couple questions. First of all, on these official duties - and I don't have my notes with me, I just changed desks - but... for instance, if a Department Chairman called a meeting to study curriculum, to study certain programs, would this qualify... could this 13 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 Curran: kind of be deleted right out of the program?" "I....I think the problem here is that it is very difficult to determine what unprofessional...what a professional duty is. And because a teacher's right to practice their profession now can be suspended or revoked by the neglect of any professional duty, that could be ringing a bell at recess, any professional duty, we decided to take that out."
"All right, and so you're saying basically then if this Bill is passed and becomes law, that the school or the school board, whoever is the employing body here, really wouldn't be able to set a criteria and .... things...duties that teachers are suppose to carry out, otherwise there wouldn't be any clout to those things in a contract. Is that what you're saying?"
"Certainly, Representative, they could set up rules and they could set up duties. What this...what this Bill does is strikes the language that would allow their teachers' certificate to be suspended or revoked for the insignificant things mentioned already in the law. They could still be fired. You couldn't ...but you simply couldn't take away their total right to practice their profession anywhere for the offenses mentioned herein."
"Well, Representative Curran, in the School Code and the... listed here that...is grounds for suspension of certificate. I guess there are six specific situations here and you're trying to strike out the one that says neglect of any professional duty....I think you're really getting at a process that we're laying out. Here are some things, here is a due process, here is a series of hearings that a teacher has a right to appeal if this thing is correct...He does have that right to appeal these? Correct?" 14 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day
March 22, 1983 "Representative, I think what's being mixed up here is the difference between hiring and firing, which can still go on for any reason and teachers' certification which is different. A teacher's certification is a teacher's right to practice his or her profession in this state anywhere in any school."
"Can I ask a you a question? Is there....how many teachers specifically have ever been decertified because of neglect of any professional duty?"
"I think that once you have language in here, it is basically an insult to every teacher in this state."
"I'm not talking about insult...."
"Both the IEA and the IFT are strongly in favor of this piece of legislation."
"Well...I agree with that. And you know I'm probably ... I'm an IEA member. But I question seriously, how many teachers have ever been ... had their certificates suspended because of this issue.!"
"Representative, I don't know. But this will tighten the language and make it much more definite as to the reasons that you can suspend a teacher's certificate, rather than having those reasons be vague and in this case frivolous."
"Well, ... Mr. Speaker, may I speak to the Bill?"
"Would the Membership please give their attention to Mr. Hastert who wishes to address the Bill? Mr. Hastert."
"Mr. Speaker, Ladies and Gentlemen of this Body, I will hope that you give some very strong measured consideration to this proposal. In all other, ... or many ... most other professions that we deal with the public and are ...deal with public boards and public bodies, there is a way to decertify or to take away a certification, if you will, called 'just cause'. But in the area of education, we have 15 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 spelled out about five or six duties or misconducts that doesn't open a teacher up to that just and sometimes very flexible area of 'just cause'. You know, I think these things were put into the law years ago and they had just grounds to be put into the law. I think a teacher, who, Do matter how you want interpret 'neglects his duty', is really neglecting his profession and there is a real question there whether he should be certified or he shouldn't be certified. I think probably the whole certification process sometime or other should be... come before the floor of this Body to be discussed. But to arbitrarily pick out areas, without any other threshold to judge a teacher by or a member of a public body, you're in a dangerous area. And to take out at random, 'neglect of duties or professional duties', is really a questionable thing to do, especially when there is no other threshold such as 'just cause' or any other measure that you're dealing with people in this professional area. I really question this, the wisdom of this Bill and really ask the Members of this Body to give some measured attention to it before they vote on it. Thank you."
"Representative Tuerk."
"I move the previous question."
"The Gentleman moves the previous question. All those in favor signify by saying 'aye', all those opposed by saying 'no'. The previous question is carried. Representative Curran to close."
"Mr. Speaker, Ladies and Gentleman of the House, this Bill simply takes unnecessary and vague language out of the School Code which refers to the revocation or suspension of a teacher's certificate. I would like the Members to keep in mind that a revocation of a teacher's certificate revokes that teacher's right to practice their profession 16 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 in this state. This Bill does not deal with the hiring or firing of teachers. It simply takes out unnecessary and vague language, and I ask for an 'aye vote."
"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 88 'ayes', 20 'nos'. This Bill having received a Constitutional Majority is hereby declared passed. House Bill 373. Mr. Curran, do you wish to call the Bill. Mr. Clerk, read the Bill."
"House Bill 373, a Bill for an Act to amend Sections of the Child Care Act. Third Reading of the Bill."
"Mr. Curran."
"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 373 amends the Child Care Act of 1969. Just a few weeks ago, a few hundred yards away from the room we're sitting in, a nice warm room, we press a blue button and a page comes and gets us Coke. A few hundred yards away from this room, a small girl, two-and-one-half years old, was kidnapped from a state licensed day-care facility. She was blindfolded, two-and-one-half years old. She was bound, two-and-one-half years old, gagged, stuffed into a suitcase, two-and-one-half years old and she was deposited by a garbage dumpster in St. Louis. Within a few hours, she would have died. Fortunately, she was found. House Bill 373 deals with the release of a child from a state licensed day-care facility. It would do these four things. First, it would require by law that the day-care facility keep a list of the persons to whom and the manner in which the child can be released from a day-care facility. Second, it would require that the day-care facility release 17 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 the child only to persons on that list. Third, it would require that the ... that the...any person picking up the child who is not recognizable by the day-care center would have to present identification to the day-care facility and finally, it would provide that a daily record be kept of the persons to whom and the time at which the child was taken from the day-care facility. Now it ... when there was a ... when we went through Committee there was some language questions and there was some reservations by the Department of Children and Family Services. Both staffs got together with the Department. We made an Amendment in Second Reading. We believe all the problems that dealt with the language and the intent of that Bill have been cleared up. The Bill is important for the children of this state, because when we take your children to day-care centers, we expect to get them back. I'll answer any questions."
"The Gentleman moves for the passage of House Bill 373. On that question, Representative Oblinger."
"Will the Sponsor yield, Mr. Speaker?"
"The Sponsor indicates that he will yield."
"Mr. Curran, I just want one thing clarified first. Suppose on the list of people who are to pick up the child appears a grandmother's name. I know the grandmother. I know her name. I know how she writes. I know all about her. So I go and pick up the child and I say that I am the grandmother. What's to prevent me from taking that child?"
"Would you ... would your name be on the list, Representative Oblinger?"
"The grandmother's Mrs. Smith. I go and say I'm Mrs. Smith. They don't know the grandmother. And I have a note from... that I've written myself from the parents saying that I'm to pick the child up that day." 18 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983
"I think Representative Oblinger makes an excellent point and it's a good reason for the passage of this Bill. Representative Oblinger wants to know what happens if somebody comes who knows all the information about a person who comes to pick up the child and yet is not that person. Provision three in this Bill is that that person would have to present identification. Shanda Sue Troxell who was two-and-one-half years old and was stuffed in a suitcase would not have been kidnapped and would not have gone through that trama in her life just a few hundred yards away from this room, if the person had had to present identification."
"But I'm asking what kind of identification. I can give them all kinds of faked, forged identification and there are people like that. That's why I want to be sure there's some kind of a guarantee. You know I can get a note signed that Mrs. Smith, the grandmother, is to pick up the child. And I have that note that I've written myself. What kind of identification?"
"I don't think we can limit the identification to ...to any specific kind. We might run into people for example who do not have driver's license and may simply have a work piece of identification. I don't think we can tighten the Bill down so far that we can prevent any kidnapping that would ever happen. But this law is definitely an improvement over the present conditions."
"Representative Cullerton."
"Will the Sponsor yield?"
"The Sponsor indicates that he will yield."
"Representative Curran, the purposes of legislative intent. I have a question concerning the language on page 2, Section 2, reads that 'No such facility shall release custody of any child under its care in any manner not 19 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 authorized by the child's guardian or any person who is not known to the operators of the facility. Now, just so we understand what your intent is with this Bill, if the operators of the facility know who the person is that comes to pick up the child, will they not have to present any identification?"
"If those persons are on that list, the list of persons to whom the child can be released, no, they should not have to present identification. That would be too burdensome and cumbersome for the day-care facilities."
"So, SO when you say "who is not known to the operators of the facility', you specifically mean and only mean those people who are on a list that has been submitted to the facility."
"That is correct."
"Thank you. No further questions, Mr. Speaker."
"Representative Brummer."
"Will the Sponsor yield?"
"The Sponsor indicates that he will yield."
"Representative Curran, you keep referring to a licensed day-care center. I'm not sure what that definition includes. Does that include for example, a licensed baby-sitter, who will keep children ... four or five children during the day on a regular basis?"
"As long as they're required to be licensed by the state, they would have to follow ... abide by these procedures.
"Well, you know, I don't know who those people are. Could you tell me?"
"I think the number is about five."
"Thank you."
"Is there any further discussion? Mr. Curran to close."
"House Bill 373 is intended to keep our children safe at 20 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 day-care centers and get them back safe to parents at home. I ask for a favorable vote."
"The Gentleman moves for the passage of House Bill 373. 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 82 'ayes', 21 'no'. This Bill having received a Constitutional Majority is hereby declared passed. House Bill 400. Mr. Pierce, do you wish to call your Bill? Mr. Clerk, read the Bill."
"House Bill 400, a Bill for an Act to amend Sections of the Illinois Income Tax Act. Third Reading of the Bill."
"Mr. Pierce."
"Mr. Speaker, Ladies and Gentlemen of the House, the Congress in its infinite wisdom has passed legislation, signed into law by the President, which would on July 1st of this year require all savings institutions, banks, and so on to withhold interest in dividends, pursuant to the Federal Income Tax Act. The purpose of House Bill 400 is to make sure that this does not take place under the Illinois Income Tax Act. As you know, our Income Tax Act is coupled with the Federal Income Tax Act and it may be, although it's not 100 percent certain, it may be that if we do nothing, automatically on July 1st, the State of Illinois and all banks, and Savings and Loans and other financial institutions, credit unions in the State, will have to withhold from both interest and dividends, pursuant to the Illinois Income Tax Act. The simple purpose of House Bill 400, which has bipartisan sponsorship, in fact hypenated, Cosponsors are Representative Hastert, the Minority Spokesman on the Revenue Committee, and Representative Churchill, who had a Bill to accomplish the 21 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 same purpose and graciously agreed to be Cosponsor on this Bill. The bipartisan nature of the Bill and the purpose of the Bill is to make certain that the widows, that the senior citizens, that all the residents of your district will not have Illinois Income Tax withheld from their interest and dividend payments commencing July 1st. I commend House Bill 400 to you. I think the people want it. I think it's justice and I think we should pass it. It won't cost the taxpayers of the state, because these payments are still subject to Illinois Income Tax. They just won't be withheld. Illinois Economic and Fiscal Commission studied this subject and didn't see any particular fiscal impact on the state. The Department of Revenue is neutral on the Bill."
"The Gentleman moves for the passage of House Bill 400. On that question, the Chair recognizes Representative Birkinbine."
"Thank you, Mr. Speaker, Ladies and Gentleman of the House. I rise to commend my district mate from the north, Representative Pierce, on a fine Bill. There's no reason why this withholding ever should have taken place in the first place, because the Internal Revenue Service has all the data, has all the information to actually look for cheats. Much like other efforts that are put forth both in this chamber and in Congress, they chose not to do so. I think this is a good Bill and I recommend that everybody vote 'aye'.
"Representative Nelson."
"Thank you, Mr. Speaker. Members of the House, I do also support the concept and commend Representative Pierce for introducing House Bill 400 but I would like to ask him a question. Would the Sponsor yield?"
"The Sponsor indicates that he will yield?" 22 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day
"Thank you. March 22, 1983 Representative Pierce, under federal law it is the case that utility dividends that are reinvested are exempt. But under Illinois law, we have certain add-back provisions. And I do not have your Bill in front of and I wondered if that add-back of utility dividend reinvestments is addressed at all in this Bill?" me,
"It is not. There are other...as you know, the Illinois Income Tax Act does not allow certain deductions as such and exemptions. In fact, state and municipal bonds, which are exempt under the Federal Income Tax, are an add-back on the Illinois Income Tax and the same for that credit for reinvestment of utility dividends, electric utility dividends that exists in the Federal Income Tax Law. Whenever we try to provide those exemptions under the Illinos Law, the Department of Revenue says, "Well, we like to keep our Tax Act clean, they call it.' By clean they mean, taxing things that the Federal Government doesn't. You might introduce a Bill that would accomplish that and would bring us in to comformity with the Federal Income Tax Act on the reinvestment of electric utility dividends. And I think that might be a good idea. I'm not sure the Department of Revenue would support it."
"Thank you very much."
"Representative Hastert. Mr. Hastert. You'll probably have to go to Mr. Neff's station. Turn on Mr. Neff's microphone for Representative Hastert."
"Mr. Speaker, Ladies and Gentlemen of the House, I also commend the Cosponsor of this Bill in his prudence and quickness in bringing this before the attention of this Body. It's been a bipartisan effort to bring this out of Committee, to present the issues before the Body. It certainly addresses a problem and a need that we talked about the last time, last Wednesday, when we were on this 23 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day House floor. It remedies a problem in March 22, 1983 withholding, that has been created with the Feds. This is the state's solution to that part of the problem. I, again, would commend the Cosponsor of this Fill and ask for your positive reaction to this Bill and positive vote."
"Mr. Bowman."
"Thank you. Mr. Speaker and Ladies and Gentlemen of the House. I think that it's interesting that there seems to be so much support for this legislation, because what we're talking about here in effect is decoupling from Federal Tax Law. And it's not decoupling in the way that word is usually used to refer to the accelerated depreciation schedules. But it is, nonetheless, decoupling from Federal Tax Code because the federal law, of course, has been changed to require this withholding of interest payments. And so, I think, I know the Sponsor of this legislation is certainly in favor of decoupling on the depreciation schedules as well, but I do think that this is a good occasion for everyone here to search their souls on the subject of decoupling, because this is just the tip of the iceberg. And I think that we ought to take a very good look at all the Federal Tax legislation and consider what, what other items we should ... should be decoupling from. So, I commend this issue to you and others of a similar vein. Thank you."
"Representative Churchill."
"Mr. Speaker, Ladies and Gentlemen of the House, I rise in support of this Bill as a hyphenated Cosponsor of the Bill. Some few short weeks ago, I walked around to the Members of this House asking for Cosponsors to a Bill which I was going to present. The Bill, which is before you today, is basically the same language as Bill 430, which was my Bill. I would rise today and ask that all of you 24 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 who cosponsored that Bill with me, some 78 of you, join with me and with Representative Pierce and Representative Hastert, in sending this Bill along its way to the Senate in a speedy fashion So that the banks, and Savings and Loans and corporations in this area may plan their programs such that they will not have to collect two-and-one-half percent from those people who would have this withheld from their interest and dividends. I rise in support of the Bill and ask that you vote with us for passage."
"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? On this question ... Mr. Clerk, take the record. On this question, there are 105 'ayes', no one voting 'no'. This Bill having received a Constitutional Majority is hereby declared passed. We shall return to the Order of House Bills on Second Reading, Short Debate Calendar. On page 3, Mr. Cullerton, House Bill 27. Mr. Clerk, read the Bill."
"House Bill 27, a Bill for an Act to amend Sections of an Act to provide for representation and idemnification in certain civil law suits. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 171. Mr. Johnson. Is Mr. Johnson ... Mr. Johnson, do you wish to call that Bill? 171. Okay?"
"Yeah, there's no Amendments. Just..."
"Mr. Johnson. Do you wish to call the Bill?"
"Yeah, that's fine. It's on Second Reading, isn't it?"
"Fine. So, Mr. Clerk, read the Bill."
"House Bill 171, a Bill for an Act to add Sections 25 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 to the Code of Criminal Procedure. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions relative to Amendment #1?"
"No Motions filed."
"Are there any Floor Amendments?"
"None."
"Third Reading. House Bill 286, Mr. Steczo. Is Mr. Steczo in the chamber? On the Order of House Bills Second Reading, there appears House Bill 1. Mr. Cullerton, do you wish to call that Bill? Mr. Clerk, read the Bill."
"House Bill #1, a Bill for an Act to protect children who are passengers in motor vehicles. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions relative to Amendment #1?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 21. Representative Topinka, do you wish to call that Bill? Representative Topinka indicates that she does not wish to call the Bill. House Bill 208, Mr. Saltsman, do you wish to call that B ill? Mr. Saltsman indicates that he does not wish to call the Bill. House Bill 257, Mr. Cullerton. Mr. Clerk, read the Bill."
"House Bill 257, a Bill for an Act to amend the Child Passenger Restraint Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions relative to Amendment #1?"
"No Motions filed." 26 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Bouse Bill 302. Representative Topinka, do you wish to call that Bill? Representative Topinka indicates that she does not wish to call the Bill. House Bill 356. Mr. Clerk, read the Bill."
"House Bill 356, a Bill for an Act to exempt residential disabled veterans from admission and camping fees in parks under the jurisdiction under the Department of Conservation. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, Hannig. Amends House Bill 356 on page one.."
"Mr. Hannig."
"Yes, thank you, Mr. Speaker and Members of the House. In the Committee discussion, the Chairman of the Committee asked that we more specifically define a permanently disabled member. This Amendment is drafted along the lines of how the Secretary of State defines permanent disability for the purposes of issuing a disabled drives' plate. And I've talked it over with the Chairman and the Minority Spokesman, and they're in agreement with the Amendment, and I would move for it's adoption."
"The Gentleman moves for the adoption of Amendment #1. Is there any discussion? There being Bo discussion, the question is, *Shall this Amendment be adopted?* For what purpose does Mr. Vinson seek recognition?"
"For discussion."
"Mr. Vinson."
"Would the Sponsor yield for a guestion, please?"
"The Sponsor indicates that he will yield." 27 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983
"Would you describe what your Amendment does again, please?"
"Yes. The purpose of the Bill is to exempt ... exempt disabled veterans from camping fees in state parks. The Chairman of the Committee felt that the Bill did not spell out clearly enough exactly what a disabled veteran is. So we used the definition of disability. We adopted the definition that the Secretary of State uses when he issues a disabled drivers' plate. But naturally, the person would also have to be a veteran and have received the affliction as a veteran. So what we're trying to do is clarify the Bill."
"I have no other questions."
"Is there any further discussion? The question is, 'Shall the Amendment be adopted?' All those in favor signify by saying 'aye', all those opposed by saying 'no'. In the opinion of the Chairs, the 'ayes' have it. The Amendment is adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. The Chair is prepared to adjourn. Is there any further business to come before the House? On the Order of Agreed Resolutions, the Clerk has one Agreed Resolution."
"House Joint Resolution #20, by Representative Oblinger and Curran."
"Mr. Giorgi."
"Mr. Speaker, this Resolution by Oblinger and Curran honors the Lanphier High School for winning the AA championship. I move for the adoption of the Resolution."
"The Chair recognizes Representative Oblinger."
"Yes, I want to vote on it but I want to ask permission of the Speaker if all the Members of the House may be added as Cosponsors?" 28 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983
"The Lady requests that all Members be added as Cosponsors of this Resolution commending the Lanphier High School for winning the State Basketball Championship. Is there any objection? There being no objection, all Members shall be added as Cosponsors of this Resolution. And on the question of the Resolution, the Chair recognizes... Mr. Giorgi, have we moved and adopted the Resolution? Okay. On the question of the Resolution, Representative Giorgi."
"Mr. Speaker, I move for the adoption of the Resolution that signals Lanphier as the champs of the Illinois High School Basketball."
"Representative Giorgi moves for the adoption of the Resolution. Is there any discussion? There being no discussion, the question is, 'Shall this Resolution be adopted? All those in favor signify by saying 'aye', all those opposed by saying 'no'. In the opinion of the Chair, the 'ayes' have it. The Resolution is adopted. On the Order of Death Resolution, Mr. Clerk."
"House Resolution 116, by Representative Stuffle and Mautino, with respect to the memory of John E. Stafford."
"Would the Membership please give their attention to Mr. Stuffle, who is attempting to speak on a Death Resolution. Not a Death Resolution of a former Member so there's no need for you to stand, Mr. Pierce. This is a regular Death Resolution. Mr. Stuffle."
"Mr. Speaker and Members of the House, House Resolution 116 speaks to the untimely death of John Stafford. Many of the Members of the House knew John very well. It's what we commonly refer to as a lobbyist for the Independent Community Bankers in Illinois. But moreover, we knew him as a friend; one who worked very hard for the causes he believed in; one who was honest; one who served his country 29 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 in the War in Vietnam. John worked with many of us until his untimely demise last Friday evening. John served under Governor Walker. He served with the Illinois Society of Professional Engineers, and most recently as I indicated, with the Independent Community Bankers in Illinois. I think most of the Members knew him quite well. They knew him to be a hard working, civic minded, community person who was active in many programs. Any time that anyone passes at such an early age, it's shocking to all of us. But particulary so when someone who is that close to so many Members as myself and many of the other persons on this floor. He was indeed a friend of ours, and indeed we will remember him. And I know that there are some other people who would like to speak to this before I move the Motion, so let me simply say that we offer this Resolution in his memory as a friend of the Members of the General Assembly and a fine man."
"Representative Matijevich."
"Yes, I would like to join. I think the best thing that could be said of any lobbyist, all of whom I believe are maligned, is that the lobbyists treated you in such a way that you didn't feel pressured. That's the way I felt with Mr. Stafford. I, too, offer my condolences to the family. To lose a life in such a tragic way, I think we all have a feeling toward that young family. But I want to say that as a lobbyist, he was always truthful with me. He presented his case and I felt no pressure at any time. That's the way most lobbyists work, and I feel as sorry for him and his family as all of us do."
"Mr. Vinson."
"Thank you, Mr. Speaker. Mr. Stuffle and Mr. Matijevich have said it very well. Mr. Stafford was a highly ethical, motivated individual who in the week just prior to his 30 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 unfortunate demise had contacted me to discuss legislation and had done it in precisely the fashion that Mr. Matijevich had talked about. He comes from Athens, just north of Springfield. He was a fine human being and it's just a tragedy what occurred."
"Representative Pullen."
"Mr. Speaker, we're going to miss John Stafford here because he was not simply a lobbiest; although, that is an important calling. But he was really a friend to the people in this House. He cared about us as people. And he was challenged by issues but also by the personalities here. And he really did show that he cared about us and friendship like that is often rare in politics. We will miss him."
"Is there any further discussion on this Resolution? There being no further discussion, the Chair recognizes Mr. Stuffle."
"Yes, Mr. Speaker. I would simply ask unanimous consent leave to show all Members as Cosponsors of House Resolution 116 and ask for its adoption."
"Is there leave that all House Members be added as Cosponsors of this Resolution? Leave is granted for that purpose, and Mr. Stuffle moves for the adoption of the Resolution. All those in favor signify by saying "aye", all those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Motion carries. The Resolution is adopted. Mr. Clerk? We will now go to the Order of Announcements for all Committee Chairpeople who wish to make announcements. Mr. Jaffe."
"Yes, Mr. Speaker. The Judiciary Committee on Thursday, the full Committee and the Subcommittee on Criminal Law will meet in Room 114 instead of Room C-1."
"Representative Terzich." 31 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983
"Yes, Mr. Speaker. Once again it's very nice to see that great article in the Tribune about you today. I would like to announce that the Executive Committee will be meeting at 9 a.m. tomorroW morning rather than at 8 o'clock. So that's 9 a.m. tommorre morning for the Members of the Executive Committee in Room 114."
"Representative DiPrima."
"Yes, Mr. Speaker. Ladies and Gentlemen of the House, I just wanted to remind you that tomorrow night, make sure you reserve it for the Veterans of Foreign Wars, who are giving their legislative dinner at the Sheridan Inn. That's at 3090 Stevenson Drive, here in Springfield. And all you need is your card ... identification card, and you'll get your ticket over at the Sheridan Inn, tomorrow night."
"Mr. Greiman."
"Thank you, Mr. Speaker. I would just ask that Representative Huff be added to those excused for illness today."
"Let the record show that Representative Huff is excused because of illness. Representative Bowman."
"Thank you, Mr. Speaker. I'd like to announce with respect to Appropriations II that since we have only one Bill before us that the meeting time will be changed from 8 o'clock until 10 o'clock. And I would like to ask if the Clerk would carry it on the Calendar for tomorrow at 10 a.m.m
"That Calendar will be generally available after your Committee meeting."
"No, no, no, no. The Committee meeting ... I'm sorry the Committee meeting is on Thursday, and I'm just advising the Clerk at this time of the change in time."
"Thank you. Thank you, Mr. Bowman. 32 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 Representative White."
"Thank you, Mr. Speaker. The Human Services Committee will meet in Room C-1 instead of 118, C-1 instead of ROOM 118. Thank you."
"Mr. Mulcahey."
"Thank you, Mr. Speaker. The Elementary and Secondary Education Committee meeting scheduled for 8 o'clock tomorrow morning will meet at 8 o'clock tomorrow morning."
"Are there any further announcements? Mr. Mulcahey."
"Mr. Speaker, I would ask leave of the House to waive the appropriate rule so that House Bill 408, posting rules... so that House Bill 408 could be heard tomorrow morning in Elementary and Secondary Education Committee."
"Have you cleared that with the Minority Spokesman on the Committee?"
"No, I haven't."
"Would you do that right now before we proceed to suspend the posting requirements? Who is the Minority Spokesman on the Elementary and Secondary Education Committee? Representative Nelson. Has that matter been approved, Representative Nelson? Mr. Mulcahey requests leave to suspend the posting requirements so that House Bill 408 might be heard in Committee tomorrow morning. Is there leave? Leave is granted. Any further announcements? Mr. Mautino, did you have an announcement? There being no further announcements, the Chair recognizes Mr. McPike, the Majority Leader, for a Motion."
"Thank you, Mr. Speaker. I move the House stand adjourned until tomorrow at the hour of 12 noon."
"The Gentleman moves that we stand adjourned until tomorrow at 12 noon and he further provides that there shall be a Perfunctory Session to permit the Clerk to 33 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day receive introductions Amendment. On that and to read a March 22, 1983 Constitutional question, all in favor signify by saying 'aye, all those opposed say 'no". The ayes have it. We stand adjourned until tomorrow at 12 noon."
"House Joint Resolution Constitutional Amendment #6, resolved, by the House of Representatives, the 83rd General Assembly of the State of Illinois, the Senate concurring herein, that there shall be submitted to the electors of the State for adoption ΟΙ rejection at the general election next occurring at least six months after the adoption of this Resolution, a proposition to amend Section 9 of Article IV of the Constitution to read as follow: Article IV, Section 9. Veto Procedure. (A) Every Bill passed by the General Assembly shall be presented to the Governor within 30 calendar days after its passage. The foregoing requirement shall be judicially enforceable. If the Governor approves the Bill, he shall sign it and it shall become law. (B) If the Governor does not approve the Bill, he shal1 veto it by returning it with his objections to the House in which it criginated. Any Bill not so returned by the Governor within 60 calendar days after it is presented to him shall become law. If recess or adjournment of the General Assembly prevents the return of the Bill, the Bill and the Governor's objections shall be filed with the Secretary of State within such 60 calendar days. The Secretary of State shall return the Bill and objections to the originating House promptly upon the next meeting of the same General Assembly at which the Bill will be considered. (C) The House to which a Bill is returned shall immediately enter the Governor's objections upon its Journal. If within 15 calendar days after such entry that House by a record vote of three-fifths of the Members elected pass the Bill, it shall be delivered 34 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 immediately to the second House. If within 15 calendar days after such delivery the second House by a record vote of three-fifths of the Members elected pass the Bill, it shall become law. (D) The Governor may reduce or veto any item of appropriation in a Bill presented to him. Portions of a Bill not reduced or vetoed shall become law. An item vetoed shall be returned to the House in which it originated and may become law in the same manner as a vetoed Bill. An item reduced in amount shall be returned to the House in which it originated and may be restored to its original amount in the same manner as a vetoed Bill except that the required record vote shall be a majority of the Members elected in each House. If a reduced item is not restored, it shall become law in the reduced amount. (E) The Governor may return a Bill together with specific recommendations for change to the house in which it originated. The Bill shall be considered in the same manner as a vetoed Bill but the specific recommendations may be accepted by a record vote of a majority of the Members elected to each House. Such Bill shall be presented again to the Governor and if he certifies, within 20 days of its receipt by the Governor, that such acceptance conforms to his specific recommendations, the Bill shall become law. If he does not so certify, he shall return it as a vetoed Bill, within 20 days of its receipt by the Governor, to the House in which it originated. Schedule. This Amendment shall take effect beginning with the General Assembly next convened after its adoption by the electors. Second Reading of the Constitutional Amendment. The Constitutional Amendment is held on Second Reading and taken out of the record. Introduction and First Reading of Bills. House Bill 766, Reilly Giorgi Ewing - Hastert - Kirkland, a Bill for an Act relating to 35 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 School District Income Tax and amending certain Acts herein named. First Reading of the Bill."
"Would Joe Lucco come to the podium? For those Members who are still here and those who may be in their offices, we adjourned a little earlier than anticipated this afternoon. And we were going to have on our program this afternoon, a friend of all of ours. Dr. Buzz Shaw, who's the Chancellor of S.I.U. Is Bruce Richmond here? Bruce, do you want to come up here and Bob Winchester? For those who are not aware, Buzz Shaw in his day was a great basketball player, a high school basketball player, and went on to fame at Illinois State University. Last week, we introduced and adopted a Resolution for Dr. Shaw, and I'd like to have the Clerk read the Resolution"
"House Resolution 104, whereas, Dr. Kenneth A. *Buzz Shaw, Chancellor of Southern Illinois University, will be inducted into the Illinois Bigh School Basketball Hall of Fame on April 30, 1983; and whereas, Chancellor Shaw starred at basketball under Edwardsville High School Coach, Joe Lucco, as a member of the powerhouse 1956 and 1957 teams, playing in 1956 with Mannie Jackson and Governor Vaughn culminating a victorious season that led to the State finals and a two-point loss to West Rockford by 67-65, and in 1957, *Buzz led the Tigers to wins over such strong teams as Centralia and Quincy; and whereas, *Buzz went onto basketball greatness as a star at Illinois State University; and whereas, after graduating from Illinois State University, *Buzz taught and coached for two years at Rich High School in Park Forest, became an instructor in education at I.S.U. in 1963, and Assistant to the President in 1966; and whereas, *Buzz continued his post-graduate education receiving his doctorate at Purdue University in 1969 and moved to Baltimore, Maryland where he became 36 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day Vice-President at TowSOD State March 22, 1983 University; and whereas, "Buzz' returned to his home state to become President of the Edwardsville Campus of Southern Illinois University in 1977, and in 1979, he became Chancellor of Southern Illinois University; and whereas, the formal presentation of the plaque introducing Dr. Shaw will be made by Coach Joe Lucco, Administrative Assistant to House Speaker Michael J. Madigan, and a charter member of the Illinois High School Basketball Coaches Hall of Fame; DOW, therefore, be it resolved by the House of Representatives of the 83rd General Assembly of the State of Illinois, that we congratulate Dr. Kenneth A. "Buzz Shaw, Chancellor of Southern Illinois University, on his induction April 30, 1983 into the Illinois High School Basketball Hall of Fame, and we join his high school basketball coach, Joe Lucco, who will present the plague of honor to Buzz, in honoring his many achievements in sports, which have been surpassed only by his leadership in the world of education, heading the great Southern Illinois University, and we wish Dr. Shaw continued success in all of his endeavors, and be it further resolved, that a suitable copy of this Preamble and Resolution be presented to Dr. Kenneth A. "Buzz' Shaw by coach, Joe Lucco, on the House floor." Matijevich: to "I'd like now present the ...a friend of all of ours, a man all of us know, who is a legislative liason with S.I.U. and heads our Clyde Choate, who is going Coach Lucco. Clyde." governmental relations unit, present us Joe Joe to Choate: e: "Thank you very much, John. thank Speaker Madigan for allowing us to come in and make Roll Call. First, let me this presentation to Chancellor Shaw after the orderly business of the House had already been completed. Secondly, let me say to you that I find it strange that I'm 37 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 on this high podium addressing Members of the General Assembly. Thirdly, let me say that I find it even stranger yet, that I'm addressing Members of the General Assembly that adjourned earlier than had been anticipated because we thought you'd be here at one-thirty. Fourthly, let me introduce to you or present to you one of the real beautiful people of the State of Illinois. Although his tenure in the General Assembly was of short tenure, his tenure as an outstanding citizen in the State of Illinois is quite a lengthy one, because Joe Lucco really is a little bit older than he appears when he's doing the things that he does for your Speaker throughout the Legislative Sessions. Joe Lucco has been honored by being selected as one of the very original members of the Coaches Hall of Fame in the State of Illinois. And you only need to look at the records of some of his basketball teams and see the accomplishments which they have accomplished through his tenure as a coach and know that he was an outstanding coach. Joe Lucco was not only an outstanding coach, he is an outstanding former Member of this Body, an outstanding citizen of the State of Illinois. My friend Joe Lucco."
"Thank you, Clyde. Mr. Speaker, Representative Matijevich, Ladies and Gentlemen of the House, I think I feel like I'm being honored but really we are going to honor another gentleman here who deserves it much more than I. It isn't very often that an athlete becomes a P.H.D., let alone a Chancellor of the second largest, I think second, we're trying hard down in Southern Illinois. And it certainly isn't very often that a Chancellor of a University gets to make the Athletic Hall of Fame. But we have with us today a gentleman who has done both these things. In talking about Buzz, and I still can, I think, call him Buzz, I'd like to say that he was the highest 38 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 scorer on the team of '55-'56. But he wasn't. I'd like to say, he was the second highest scorer on the team of '55-'56. But he really wasn't. So you say, "Well, how did he ever make the Hall of Fame?" Well, it wasn't his coaching. That couldn't have been it. But I thought of two things as we were thinking back over that year. And I did have to look at a yearbook to find this out, cause I don't look back. 'You never know who's catching up with you,' Satchel Page said. But we use to have two things. One was, that in order to win basketball games, if they cover the outside man, and we had two outside men who could shoot, Matti Jackson and Governor Vaugh, then somebody has to drive down the middle. Buzz Shaw did that. Second, whenever you played defense, soon as you lost the ball, you went on defense, and Buzz Shaw and the whole team did that. And Buzz Shaw was always delegated the idea of saying... seeing that no one came down the middle. Now we never tried to foul. We tried to keep from fouling. But if you're going to foul somebody, foul him when he comes down the middle. Don't ever let him come back again. Pick him up if accidentally he gets bumped and tell him, "Now you're not supposed to come down the middle. Stay out of the middle. And that was Buzz Shaw's job. So Buzz Shaw took care of the penetration on offense and the penetration on defense. The team of '55-'56 was really that, a team, and you read that all the time. But it was a team because Buzz is the third member of that starting five, who will be inducted into the Basketball Hall of Fame. And that in itself is an accomplishment, to have three members of a starting five. Buzz, of course, starred, as you heard, at Illinois State or Normal, as we called it in those days. Whereas, Jackson and Vaughn went to the University of Illinois, and Patton went to Washington University, 39 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day etcetera. In looking at the record, March 22, 1983 I saw that Edwardsville defeated St. Anthony of Effingham in the Supersectional at Salem. The score as I found out, was 73 to 68. With a minute to go at half-time, the score was 38 to 19 in favor of St. Anthony, because one of my coaching friends thought that we'd gone far enough, and he'd sent two films over to Keller and those fellows over at St. Anthony, and they knew every play that we ran. The first half we couldn't run one. So the second half we went back to alley basketball, and Buzz and those fellas were pretty good at that. Buzz became quite famous because with about a minute to go, we were behind by one point, and we played or pulled what's known as a wrong way play. And I saw Iowa pull it the other day. And it's been pulled several times since, but I think it was the first time every in a State tournament. Buzz will have to explain that to you. After that the Tigers defeated Oak Park 88 to 61. They defeated Quincy 68 to 44 and, by the way, Quincy had defeated Edwardsville earlier in the season in a double overtime with Quincy. And the famous coach there was a fellow by the name of George...what was his name ... Latham, who proceeded Cheryl Hanks and the present coach there, Legget. So Quincy was on it's upgrade then. And then they defeated Oak Park and then lost to West Lockford, coach by Alex Sadargis about 68 to 67...65. On behalf of the Speaker and all of the Representatives from Southern Illinois who hold some allegiance to Southern Illinois University at Carbondale and at Edwardsville, I would like to present this Resolution to Buzz Shaw, Chancellor of Southern Illinois University, again, on behalf of Speaker Madigan and all the Members. Buzz, it's a privilege and an honor."
"All that you heard is only partially true. The... the truth of the matter is that Joe Lucco used to say to me, 40 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 23rd Legislative Day March 22, 1983 Now when you get in there don't hurt us. And the team was so good that as long as I didn't hurt us, that seemed to be okay. And that's a carry-over. There's a lot of carry-over values, and that's basically what my Board of Trustees tells me now, 'Don't hurt us'. Secondly, I'm often used to block up the middle, which was the case then. Third point I'd like to make is to express my appreciation to Joe Lucco for the great influence he had in shaping a young person's life. And for that I am greatly grateful, Joe Lucco. Thank you very much."
"We appreciate the fact that Mike allowed us to do this. Also, Coach Lucco is very modest. Dr. Shaw, someday they'll name a gymnasium after you. That's what they're doing for Joe Lucco."
"Thank you."
"Introduction and First Reading of Bills. House Bill 767, Matijevich - Madigan - Saltsman - Panayotovich and McAuliffe, a Bill for an Act to authorize organizational representation and collective bargaining for police officers in units of local government. First Reading of the Bill. House Bill 768, Matijevich - Madigan - McGann - Stuffle and McAuliffe, a Bill for an Act setting forth certain rights which are guaranteed to Law Enforcement Officers and Discipline Procedures. First Reading of the Bill. House Bill 769, Zwick, a Bill for an Act to amend the Illinois Vehicle Code. First Reading of the Bill. House Bill 770, Davis - et al, a Bill for an Act to amend Sections of the School Code. First Reading of the Bill. House Bill 771, Mautino - Olson, a Bill for an Act to amend an Act in relation to the acquisition of the Illinois and Mississippi Canal. First Reading of the Bill. House Bill 772, Mautino, a Bill for an Act to amend Sections of the Wildlife Code. First Reading of the Bill. 41 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 House Bill 773, Cullerton, a Bill for an Act to amend Sections of an Act relating to contractors and materialmen's liens known as mechanics liens. First Reading of the Bill. House Bill 774, Levin Hallock, a Bill for an Act to amend Sections of the Crime Victims Compensation Act. First Reading of the Bill. House Bill 775, Stuffle, a Bill for an Act to amend Sections of the Illinois Pension Code. First Reading of the Bill. House Bill 776, Kulas, a Bill for an Act to amend Sections of the Illinois Pension Code. First Reading of the Bill. House Bill 777, Ebbesen, a Bill for an Act to amend Sections of the Illinois Optometric Practice Act. First Reading of the Bill. House Bill 778, Klemm, a Bill for an Act to amend Sections of the Revenue Act. First Reading of the Bill. House Bill 779, Klemm, a Bill for an Act to amend Sections of the Revenue Act. First Reading of the Bill. House Bill 780, Klemm, a Bill for an Act to amend Sections of the Revenue Act. First Reading of the Bill. House Bill 781, Slape, a Bill for an Act to amend Sections of an Act in relation to the adoption of a person. First Reading of the Bill. House Bill 782, Kulas, a Bill for an Act to amend Sections of the School Code. First Reading of the Bill. House Bill 783, Bullock Giorgi, a Bill for an Act to amend Sections of the Illinois Insurance Code. First Reading of the Bill. House Bill 784, McAuliffe, a Bill for an Act to repeal Sections of an Act in relation to certain Commissions and agencies of the State. First Reading of the Bill. House Bill 785, Braun, a Bill for an Act to amend Sections of the Criminal Code. First Reading of the Bill. House Bill 786, Braun, a Bill for an Act to amend Sections of the Illinois Human Rights Act. First Reading of the Bill. House Bill 787, Braun, a Bill for an Act in relation to emergency medical treatment. First Reading of 42 23rd Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE March 22, 1983 the Bill. House Bill 788, Braun, a Bill for an Act to amend Sections of an Act relating to the acquisition, possession and transfer of firearms and firearm ammunition. First Reading of the Bill. House Bill 789, McCracken Hawkinson Harris and Homer, a Bill for an Act to amend Sections of the Criminal Code and the Unified Code of Corrections. First Reading of the Bill. House Bill 790, McCracken Hawkinson Harris and Homer, a Bill for an Act to amend Sections of the Criminal Code. First Reading of the Bill. House Bill 791, Richmond Winchester, a Bill for an Act relating to soil conservation agreements. First Reading of the Bill. House Bill 792, Johnson Woodyard, a Bill for an Act creating the Ambulance District Law. First Reading of the Bill. House Bill 793, Alexander Barnes, a Bill for an Act to amend Sections of the Rape Victims Emergency Treatment Act. First Reading of the Bill. House Bill 794, by Representative Younge, a Bill for an Act making an appropriation to the Department of Agriculture. First Reading of the Bill. House Bill 795. Mulcahey, a Bill for an Act in relation to mental retardation. First Reading of the Bill. Anyone have any further introductions? No further business, the House now stands adjourned." 43 04/04/83 15:40 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MARCH 22, 1983 PAGE 1 HB-0001 SECOND READING PAGE 26 HB-0027 SECOND READING PAGE 25 HB-0171 SECOND READING PAGE 25 HB-0257 SECOND READING PAGE 26 HB-0299 SECOND READING PAGE 5 HB-0318 SECOND READING PAGE 5 HB-0356 SECOND READING PAGE 27 HB-0372 THIRD READING PAGE 8 HB-0373 THIRD READING PAGE 17 HB-0400 THIRD READING PAGE 21 HB-0415 THIRD READING PAGE 6 HB-0447 SECOND READING PAGE 6 HB-0763 FIRST READING PAGE 4 HB-0764 FIRST READING PAGE 4 HB-0765 FIRST READING PAGE 4 HB-0766 FIRST READING PAGE 35 HB-0767 FIRST READING PAGE 41 HB-0768 FIRST READING PAGE 41 HB-0769 FIRST READING PAGE 41 HB-0770 FIRST READING PAGE 41 HB-0771 FIRST READING PAGE 41 HB-0772 FIRST READING PAGE 41 HB-0773 FIRST READING FAGE 42 HB-0774 FIRST READING PAGE 42 HB-0775 FIRST READING PAGE 42 HB-0776 FIRST READING PAGE 42 HB-0777 FIRST READING FAGE 42 HB-0778 FIRST READING PAGE 42 HB-0779 FIRST READING PAGE 42 HB-0780 FIRST READING PAGE 42 HB-0781 FIRST READING PAGE 42 HB-0782 FIRST READING PAGE 42 HB-0783 FIRST READING PAGE 42 HB-0784 FIRST READING PAGE 42 HB-0785 FIRST READING PAGE 42 HB-0786 FIRST READING PAGE 42 HB-0787 FIRST READING PAGE 42 HB-0788 FIRST READING PAGE 43 HB-0789 FIRST READING PAGE 43 HB-0790 FIRST READING PAGE 43 HB-0791 FIRST READING PAGE 43 HB-0792 FIRST READING PAGE 43 HB-0793 FIRST READING PAGE 43 HB-0794 FIRST READING PAGE 43 HB-0795 FIRST READING PAGE 43 HR-0104 OTHER PAGE 36 HJR-0020 ADOPTED PAGE 28 *HJR-0006 SECOND READING PAGE 34 SUBJECT MATTER HOUSE TO ORDER SPEAKER MADIGAN PAGE 1 PRAYER REVEREND BROOKS MARTIN PAGE 1 PLEDGE OF ALLEGIANCE PAGE 3 ROLL CALL FOR ATTENDANCE PAGE 3 COMMITTEE REPORT PAGE 3 APPROVAL OF JOURNALS PAGE 3 DEATH RESOLUTION PAGE 29 ADJOURNMENT PAGE 33 PERFUNCTORY SESSION PAGE 34 PERPUNCTORY SESSION ADJCURNMENT PAGE 43