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Illinois House Floor Debate — April 27, 1983

83rd General Assembly (1983-1984) · Legislative day 36 · Regular Session
Chamber
House
General Assembly
83rd (1983-1984)
Date
April 27, 1983
Legislative day
36
Session
Regular Session
Speaker turns
350
Original
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Speaker McPike

"The House will come to order. The House will come to order. The Members will be in their seats. The guests in the balconies please rise to join us in prayer. The chaplain for today will be the Reverend Richard Maye, Pastor, Pleasant Grove Baptist Church of Springfield. Reverend Maye is a guest of Representative Mike Curran."

Reverend Maye

"Let us pray. Holy Father, we thank You for permitting us to attain wisdom and discipline, for acquiring a disciplined and prudent life, doing what is right, and just, and fair, for giving prudence to the simple, knowledge and discretion to the young. Lord, let the wise listen, and add to their learning, and let the discerning get guidance. Infinite God and Father of all, we thank You that we've been... it has been placed within the being of man and woman, a desire for aspiration and achievement. Your creative work has challenged humanity for creatures, who were created a little lower than the angels, to build and expand, and extend human services to fellow men and fellow woman, that the blessings of convenience and comfort may be available to all. And that from this service, humankind may derive a sense of dependence and brotherhood, community interest and concern. Thus seeking to exemplify the spirit of Christ, who is not only the Master builder of our faith, but the frame work of economic right and social blessedness. Lord, give us the insight to appreciate our own talents and gifts. If the gift is that of serving others, help us to serve them well, if teaching, do a good job of teaching, if construction, be sincere and honest in all aspects of our work, if love, love sincerely. As you have given some administrative ability and put them in charge of work of others, help them to take the responsibility seriously. In the name of our 1 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 sinless Master. Amen"

Speaker McPike

"We will 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."

Speaker McPike

"Roll Call for Attendance. Representative Marzuki, would you like to change that to present? 112 Members answering to Roll Call. A quorum is present. Representative Yourell."

Yourell

"Yes. Thank you, Mr. Speaker. I don't have a key, so I'm not recorded as being present."

Speaker McPike

"The Roll Call will indicate that Representative Yourell is present. Representative Greiman on excused absences."

Greiman

"Yes. Mr. Speaker, Representative Terzich and Representative Henry are excused on official business or illness. I appreciate the record showing that."

Speaker McPike

"Representative Henry has resigned, so he will not be excused." Greiman: :"Has his resignation been delivered?"

Speaker McPike

"The record will indicate. Representative Vinson, do you have any excused absences?"

Vinson

"Mr. McMaster."

Speaker McPike

"The record will indicate Representative McMaster is excused. Committee Reports."

O'Brien

"Representative White, Chairman from the Committee on Human Services, to which the following Bills were referred, action taken April 26, 1983, reported the same back with the following recommendations: 'Do pass' House Bills 3601, 977, 1079, and 1139. 'do pass as amended' House Bills 537, 538, 1057, and 207. 'Do pass Short Debate 2 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 Calendar' House Bill 1337. 'do pass as amended Consent Calendar' House Bill 512, and 'do pass Consent Calendar' House Bill 1248. Representative Giglio, Chairman from the Committee on Cities and Villages, to which the following Bills were referred, action taken April 26, 1983, reported the same back with the following recommendations: 'Do pass' House Bill 1148. 'do pass Short Debate' House Bill 1409. 'do pass Consent Calendar' House Bill 1310. 'do pass as amended Consent Calendar' House Bill 1309. Representative Laurino, Chairman from the Committee on Insurance, to which the following Bills were referred, action taken April 26, 1983, reported the same back with the following recommendations: 'Do pass' House Bills 928 and 1232. 'do pass as amended' House Bills 245 and 1134. 'do pass as amended Short Debate' House Bill 922. Representative Richmond, Chairman from the Committee on Agriculture, to which the following Bills were referred, action taken April 26, 1983, reported the same back with the following recommendation: 'Do pass as amended' House Bills 573 and 825. Representative Flinn, Chairman from the Committee on Financial Institutions, to which the following Bills were referred, action taken April 26, 1983, reported the same back with the following recommendations: 'Do pass' House Bill 1313, 'Interim Study Calendar' House Bills 1063 and 746. Representative Brummer, Chairman from the Committee on Public Utilities, to which the following Bills were referred, action taken April 26, 1983, reported the same back with the following recommendations: 'Do pass' House Bill 1339. 'do pass as amended' House Bill 99. 'Interim Study Calendar' House Bill 100, 110, and 210. Representative John Dunn, Chairman from the Committee on Transportation and Motor Vehicle, to which the following Bills were referred, action taken April 26, 1983, reported 3 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 the same back with the following recommendations: 'Do pass as amended' House Bills 1153 and 1305. 'do pass as amended Short Debate' House Bill 1252. 'do pass Consent Calendar' House Bill 1391."

Speaker Mcpike

"The Gentlemen from McLean, Representative Ropp, for what reason do you rise?"

Ropp

"Yeah. Mr. Speaker, I have a Bill which I would like to table because it's already is law now, and I didn't know that until after it was introduced. House Bill 1291, I'm the Cosponsor. I ask leave of the House to table. House Bill 1291."

Speaker McPike

"What was your request?"

Ropp

"To table House Bill 1291."

Speaker Mcpike

"The Gentlemen has moved to table House Bill 1291. Are there any objections? Hearing no objections, leave is granted. House Bill 1291 is tabled. On the Calendar on page 10. It is a plan of the Chair to try to move through Third Reading Bills, and to adjourn at 2 p.m. for Committees. So, on page 10 of the Calendar, under House Bills Third Reading, next Bill, nonappropriation Bills only. House Bill 187, Representative Currie. Out of the record. House Bill 195, Representative Laurino. Representative Laurino. Out of the record. House Bill 203, Representative Olson. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 203, a Bill for an Act to amend Sections of the Environmental Protection Act. Third Reading of the Bill."

Speaker McPike

"The Gentlemen from Lee, Representative Olson."

Olson

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'm speaking to you today on House Bill 203, which deals with a chlorination issue, a subject that this General Assembly addressed in a like mode a couple of years ago relative to a small city in northern Illinois, called 4 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 Orangeville. I bring this to your attention today, in behalf of communities under 5,000, whom we seek to exempt from the provisions of EPA Rule 305, which causes these communities to chlorinate. I'll touch to the Bill first before I go to some substantive matters. The Bill that I'm suggesting your support for, provides for up-front public hearings, and in addition to that, a referendum by the communities, who seek to have the exemption from House Bill 203. I have a number of pertinent items, which I'd like to describe to you, copies of which you have received in your offices as of last week. The Bill sets forth the conditions under which you are seeking to make an Amendment. And we have in place a significant number of safeguards. We were talking about wells properly constructed, not surface water, lake water, or river water. Wells that have no history of contamination. Sampling of water going frequently to the EPA for testing. The EPA approved public education programs, public notice and hearing, and the very significant item that we're speaking of, a community referendum. Now, we have a number of things taken from the Illinois Institute of Natural Resources, which I'd like to call to your attention which supports our contention. On the subject of chlorination, it has come to our attention that it has been the subject of recent investigation to the formation of carcinogenic byproducts formed during the disinfection process. And it is obvious that the public is becoming aware of the possible damages associated with consumption of possibly harmful chemicals. In addition to that, there is a significant cost in generation to the local communities who are found to find it necessary to chlorinate. And the major components of those costs are planned installations, and operation, and maintenance. Rule 305 of the EPA Code, 5 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 Illinois 1975. We went, that as this state, went with six other states on a implementation of this program whereby, seventeen other major sister states, including New Jersey, New York, California, Indiana, Wisconsin, Iowa, and Indiana did not see fit to put this onerous burden on small communities. In addition to that, Rule 305 may not apply to public ground water supplies that have demonstrated the ability to provide that water is safe for human consumption. That is a significant concern, because we are looking at a significant issue to the small communities of the state. We, in the General Assembly, find it very convenience to mandate local government, including education, to do things for the convenience of State Government. We're asking for you to take a look, a good look at this issue and take that burden off of their backs. In addition to that, a comprehensible though non-exhausted review of the literature has not demonstrated any specific instances where a disease outbreak has resulted from a public water supply cease in chlorination as a policy decision. We consider that to be most significant. Illinois again, one of six states since 1975 had this probation in place, which is found to be very onerous to local government. Another factor, chlorination of public water supplies has gone under scrutiny in the recent past through the presents of chlorinated hydrocarbons in finished treating drinking water. There are some medical concerns expressed with the concern on chlorination. A book by Dr. Joseph Price, in the name 'Coronaries, Cholesterol, and Chlorine', something we should give some consideration to. There is a growing body of evidence that the link between the formation of suspected carcinogens and the process of chlorination is significant. The literature suggests that the most detrimental byproducts of drinking 6 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 water supplied chlorine disinfection is chlorine. In addition to that, there are no major social actions, such as migration, industrial or community developments identified as effected in any way by changing the existing regulation as long as the water... quality of water supplies meet the required measurements of bacteria logical safety. Representative Richard Mulcahey will close. Again I urge you to give serious considerations to supporting House Bill 203, and giving local governments the option with which to deal with their own drinking water. I'll be very pleased to accept any questions."

Speaker McPike

"The Gentlemen has moved for passage of House Bill 203. On that question is there any discussion? The Chair recognizes the Gentlemen from Cook, Representative Marzuki."

Marzuki

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would like to... I rise in support of this Bill. I think it's a good Bill. While chlorination is necessary for many water supplies in the State of Illinois, it is not necessary where the water is pure. It represent the danger when you arbitrarily put chlorine in water. It may be cancer causing, we do not know. We have trade-offs that we must make where water is not pure. These trade-offs are unnecessary where proper testing goes on and the system is good. It's time that we stopped. Just arbitrarily adding chemical to everything whether it has been proven safe or not. I would urge the Members on this side of the aisle to join Representative Olson in getting this Bill out of the House. Thank you."

Speaker McPike

"The Gentlemen from Henderson, Representative Neff on the Bill."

Neff

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I support this legislation. What we're... Representative 7 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 Olson is asking in this, is towns under 5,000 population. We know that... most of us know that far as chlorination is concern with the toothpaste and the many other things we have that we don't need it in the water. Some other places we have this pure water that does make a bad taste. And therefore, I think that we definitely should support it. Because we've also has been brought out here, that there is some question about chlorination causing cancer. And I think we should take a look at it from that reason alone. Thank you."

Speaker McPike

"Any further discussion? Representative Olson to close."

Olson

"Mr. Speaker, Representative Mulcahey, my Cosponsor will close."

Speaker McPike

"Yes. The Gentlemen from Winnebago, Representative Mulcahey to close."

Mulcahey

"Thank you, Mr. Speaker. Mr. Speaker, and Members of the House, this... If you recall about a year and a half or two years ago, we had a similiar Bill before this General Assembly which passed out, which affected communities and it is now law by the way. And it affects communities of 1,000. This simply increases that to 5,000. There is precedent for this type of legislation. It has proven safe in the past two years. There are all sorts of provisions built into it as Representative Olson has pointed out. And the nice feature about this, which also will go into the statute, is it does require a referendum by the community involved. So, therefore, if there's any objection to that in the local communities, of course, it can be handled by way of referendum. It's a good piece of legislation. There is precedent for it. And I would urge your 'aye' vote."

Speaker McPike

"The Gentlemen has moved for passage of House 8 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 Bill 203. The question is, 'Shall 203 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill there are 86 'ayes', 16 'nos', 5 voting 'present'. House Bill 203, having received the Constitutional Majority, is hereby declared passed. House Bill 195. Representative Laurino. Read the Bill, Mr. Clerk. The Gentlemen from DuPage, Representative Daniels."

Daniels

"Mr. Speaker, Ladies and Gentlemen of the House, if you would excuse me for one second, I'd like to introduce to the Members of the House, officials from all over the State of Illinois from the Township Official's Association. We have them from all over Illinois. They're all around the gallery here. Welcome to Springfield and enjoy your visit. And we're glad to see you here in Springfield. Township Officials, will you stand up? They are all around us."

O'Brien

"House Bill 195, a Bill for an Act to amend the Illinois Vehicle Code. Third Reading of the Bill."

Speaker McPike

"The Gentlemen from Cook, Representative Laurino on the Bill."

Laurino

"Mr. Speaker, Ladies and Gentlemen of the House. House Bill 195 has been discussed before this Body a number of times. I've been introducing it for a period of about twelve years. In all that time nothing has been done to alleviate the problem. It's a situation that exists throughout this state and many states in the entire spectrum of the 50. Some of them have done something to alleviate the problem. Illinois, unfortunately has done nothing. In the city of Chicago, 50% of the people that drive an automobile, do so without insurance. I think that's a calamity. I think that something must be done. House Bill 195 addresses the issue very well, I believe. 9 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 It has tried to systematically produce a situation where something can be done to keep these people that are irresponsible off the roads, and have them prepare themselves to identify with the rest of the population that is responsible. It's been before the Committee a number of times. It's been gone through the process of a Subcommittee. It heard a lot of debate concerning the problems that may arise. This was the best Bill that could be brought out of the Subcommittee with the Secretary of State's advice, with the legislators, and with the people that testified to the problems that exist. I urge an 'aye' vote."

McPike

"The Gentlemen has moved for the passage of House Bill 195. On that question the Gentlemen from Macon, Representative Tate."

Tate

"Yes. Would the Sponsor yield?"

Speaker McPike

"Indicates he will yield."

Tate

"Yes. Representative Laurino, I can appreciate the work you've done on this legislation. Can you tell me the number of uninsured motorist in the State of Illinois?"

Laurino

"I can't give you the exact figure but I can tell you that over 1,000,000 people in the City of Chicago are uninsured. It's a 50% problem may be larger in the City of Chicago, and statewide it's over 20%."

Tate

"What would you say the figure would be downstate Illinois, and... State of Illinois, outside of Cook County, the number of uninsured motorist?"

Laurino

"Well, it's over 20% which is incredible, I think."

Tate

"What is the total number of licensed motorist in Illinois?"

Laurino

"There is really no way of determining that question. There's a possibility that if you can consolidate both figures you are talking approximately a million and a half 10 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 or two million people that are uninsured in the State of Illinois."

Tate

"What do you anticipate this legislation reducing the number of... how many would this reduce the number of uninsured motorist on Illinois road, if this becomes law?"

Laurino

"Well, hopefully, we get cooperation, significantly if you take... let's use a random figure of 80% of two million people. You're talking quite a large number."

Tate

"In this legislation is there anything pertaining to statewide rating or anything like that?"

Laurino

"Pardon me."

Tate

"Is there any uniformity of insurance rates?"

Laurino

"I think the geometric situation in the State of Illinois lends itself to the basis for people being insured in their communities."

Tate

"What would the total cost of administrative cost take to implement this program?"

Laurino

"Approximately $300,000."

Tate

"Mr. Speaker, to the Bill. House Bill 195, Ladies and Gentlemen. I think all of us should be very concerned about this issue. And I have a special insight that I think is a typical example of what can occur in this state. Two years ago I was hit by an uninsured motorist in this state. The motorist was unlicensed, uninsured. And this Bill would do nothing to address that situation. What the Sponsor of this Bill is asking us to do, to vote for this legislation, is to cost is... to cost this state an undetermined amount of administrative cost when at the same time in this state, we can barely afford to pay to provide a quality education, the mental health, and all the other essential services we're talking about in this state. And we want to run up the cost when it will do nothing, when the Sponsor won't even admit that he cannot give us a 11 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 figure on the number of uninsured motorists that it will reduce. And at the same time, every motorist in the State of Illinois will have to continue to pay uninsured motorist insurance. Our cost, the people that are insured in this state will continue to have to pay higher insurance cost, because of the uninsured motorists that will have to pay now under this provision. The unfortunate thing about it, it will do nothing to address the issue of uninsured motorists. There is no enforcement capability in this legislation. There is high administrative cost in this legislation. And it's a bad Bill. It should be defeated. It's a step in the door when we say, 'Geometric rating system in this state'. What we're saying is it's going to give us a foot in door to give a statewide rating. For those of you Ladies and Gentlemen and downstate Illinois, if you want to start paying for the uninsured motorists in the City of Chicago, this is a terrible beginning. And I warn you, this is a foot in the door."

Speaker McPike

"The Gentlemen from Cook, Representative Shaw on the Bill."

Shaw

"Will the Sponsor yield?"

Speaker McPike

"He indicates he will yield."

Shaw

"This piece of... Bill 195. You know I've been here a very short time in this House, but this is one of the most racist pieces of legislation that I've seem come through the House in my four months here. I think that this legislation is designed at the people of Chicago, and especially the black community. And I think this would give the unscrupulous insurance companies of our state a gun to rape and rob poor people around this state. I introduced an Amendment to this Bill a few weeks ago dealing with uniform rates. My Amendment was defeated. But this legislation also remind me of the gun control. We 12 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 3 36th Legislative Day April 27, 1983 passed... this Body passed that legislation a few years ago. Today you have more guns on the street, then you did before you passed the legislation. That's what this insurance Bill 195 would do. That is not going to take the uninsured motorists off the street. We don't know what it's going to cost. But I say to the Sponsor of this legislation, We can very well take the money the cost of implementation of this legislation and apply to the little children of our state in terms of their education. I said then, and I'll say now, that this is a bad piece of legislation. It's a bad Bill, and I'm urging the Members of this Body to defeat that Bill, Bill 195."

Speaker McPike

"The Gentlemen from Kane, Representative Kirkland."

Kirkland

"Will the Sponsor yield?"

Speaker McPike

"He indicates he will."

Kirkland

"What protection will this legislation provide that isn't already provided by uninsured motorist coverage and under-insured motorist coverage? Again? Mr. Sponsor."

Laurino

"I didn't hear the question."

Speaker McPike

"Representative Laurino, Representative Kirkland is asking the question down front."

Laurino

"Okay."

Kirkland

"What protection will this legislation provide that is not already provided by uninsured motorist coverage, which I understand is required in under-insured motorist coverage, and I guess I would ask if you know, is that not also required?"

Laurino

"Uninsured motorist coverage, is a coverage only covers people that are driving a car and have insurance. It does not cover pedestrians, it does not cover children. And in Chicago where we have a great problem of over 1,000,000 people that are driving cars without insurance. The 13 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 chances of accidents occurring, in an area where these people that have insurance live are very high. The chances of them hitting each other are very probable. And if you've got a family of four people, a mother and let's say three children, and another family of a mother and three children, or a father and two children, they could possibly get into an accident and maim each other for life, and never be able to get out of this debt. They're taking uninsured motorist coverage is a gamble against yourself. You're paying double coverage for yourself to be insured. I think it's about time we take some of the responsibility and everybody, who is driving an automobile have a coverage. If they don't want to cover you themselves, that's fine, but have them cover at least you in a responsible manner. It's not inherent right to own or drive a car, it's a privilege. And for that purpose we should be able to protect the general public."

Laurino

"Okay. Are you saying that children riding in a car covered by uninsured motorist coverage are not covered?"

Kirkland

"True."

Speaker McPike

"The Gentlemen from Cook, Representative Berrios."

Berrios

"I must also arise against this Bill, because of the fact that I've seen what people have tried to go out and get insurance. They get it, and you know when they put it on payments they charge them 34% interest on the payments. What the Bill is actually doing is taking the poor away from driving. Unless we defeat this Bill, they will have to go out and get insurance. And they will be straddled with high payments. And that is why I'm opposed to this Bill. Thank you."

Speaker McPike

"The Gentlemen from Cook, Representative Birkinbine on the Bill." 14 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Birkinbine

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. Several good points have been brought up by people on both sides of the aisle involving this Bill. To start off, yes, indeed, as Mr. Shaw indicated, it would indeed mandate that everyone gets insurance whether they feel that they can afford it, or whether they feel they have anything to protect or not. But, secondly, I think there's a misconception in people's minds, that an accident that might take place today, in which there is a car accident and nobody is covered by insurance can happen after this Bill becomes law, if indeed, it were to become law. For such an accident to take place today, you would have to have two automobiles hitting each other that do not have insurance. Because if just one driver has insurance he has uninsured motorist coverage. You are presently covered today against an uninsured motorist, if you have automobile insurance coverage. The idea that somebody could be left totally uncovered takes place only when you find two people getting into an accident, neither of whom, have coverage. If this were to become law, the same situation could happen. If indeed, you find two people who either aren't responsible or, frankly, cannot afford automobile insurance coverage, they're not going to go out and get it. If they get into an accident again, both parties will be uncovered. We do presently mandate uninsured motorist coverage now. Such people are covered. To put something like this into effect, is to follow the path of state after state which has ... tried to implement this thinking it's a solution to a problem, and it's not. It becomes a bureaucratic nightmare and simply drives up rates. I recommend a 'no' vote."

Speaker McPike

"The Lady from Cook, Representative Alexander on the Bill." 15 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Alexander

"Thank you, Mr. Chairman. I have a laryngitis. Will the Sponsor yield?"

Speaker McPike

"He indicates he will."

Alexander

"Thank you. In response, Representative Laurino, and you are from the Chicago area, the same as I. You said that the problem, there was perhaps 50% the Chicago population uninsured. I will not debate that figure with you. It possibly could be higher. But I want to say that I rise in opposition to this piece of legislation, because in my community we pay two and one half percent to three and a half percent more insurance coverage than any other persons in this state. The fact that there exists in the minority neighborhoods and the black neighborhoods an insurance red lining causes persons who are conscious of their liabilities to pay as high as a thousand to a thousand twelve hundred dollars insurance each year. And with this Bill if it passes, it only means with the red lining, that now existing insurance, that many of us who wants to be responsible citizens will not be able to pay the high cost of this coverage. We're paying it now by monthly installment coming out of our earnings. And I ask this House to consider this fact, and vote 'no' on this piece of legislation."

Speaker McPike

"The Gentlemen from Morgan, Representative Reilly."

Reilly

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Sometimes we get in debate, and we talk about something that's not before us. Representative Laurino has done a great deal of work on this issue. This is not... this is not the original mandatory auto insurance proposal. Representative Laurino, he over the years, listened to the problems, he has tried to deal with them. This does not... this does not involve the big administrative cost that some 16 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 of the early proposals did. Representative Laurino has worked carefully to limit that cost. This does not involve a lot of the kinds of cost that were initially involved. We've debated this issue for a decade. There're two sides to it. And I understand that and both sides are being presented today. One key thing that you ought to know is that in this Bill, again one of the innovations that Representative Laurino has come up with, in this Bill is a four year sunset provision. What we're saying is we've debated it, nobody ever comes to a conclusion. Let try it, let see if it significantly reduces the number of uninsured motorists as we're confident it will. If it doesn't fine, we'll have known, we'll find out. And we will end the debate once and for all, and get rid of it. But we ought to give it a try. Now everybody talks about the uninsured motorist coverage. Everybody leaves out the fact that, two even more... $200, even more deductibles are not uncommon. Go back into any district in this state. The people that sent you here, take a poll, walk down the street, answer your phone, you'll find one of the chief gripes they have, one of the most irritating things that happens to them, and it happens with embarrassing frequency in the State of Illinois, is to have an accident which involves an uninsured motorist. The people that sent you here are for this 80, 85, 90%. You may say they're wrong, but your job is in part to represent them, it seems to me. Representative Laurino presents us with a workable compromise. It does not involve all the administrative costs, of earlier versions. It's reasonable. It has a sunset provision if it doesn't work. It expires by its own terms. We ought to give a try. We ought to vote 'yes' on this good piece of legislation that Representative Laurino... and has brought to us. Thank you." 17 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Speaker McPike

"The Gentlemen from Grundy, Representative Christensen."

Christensen

"Mr. Speaker, I move the previous question."

Speaker McPike

"The Gentlemen has moved the previous question. All in favor of the Motion signify by saying 'aye', opposed 'no'. The 'ayes' have it, the Motion carries. Representative Laurino to close."

Laurino

"Ladies and Gentlemen of the House, simply put... it costs approximately $300 a year for liability insurance, depending on the area where you come from. It costs approximately $5,000 to operate an automobile per year. Now if you can afford $5,000 to operate a vehicle, poor or rich, you can certainly afford a meager $300 to operate that vehicle in a safe fashion. I certainly think that it behooves all of us to listen to the constituency that we represent. So I can understand some people being against this. But keep in mind, that some of people that have spoken on this Bill, and indicated that their constituents are against this, probably represent the area where most of the accidents occur. So, I would think that if they had insurance, they wouldn't have these problems. And they wouldn't complain as much. Simply put... it's something that needs to be done. The present Secretary of State, while he was campaigning as a candidate for Secretary of State, realized everywhere he went, he was asked a question about this particular issue. When anybody brought it up, any type of legislation, one of the primary things that they had on their mind was compulsory insurance. It's something that has to be accomplished or accommodated to the public. They want it, they need it. I ask your 'aye' vote."

Speaker McPike

"The Gentlemen has moved for passage of House Bill 195. The question is, 'Shall House Bill 195 pass?' 18 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 All those in favor signify by voting 'aye', opposed vote 'no'. The Gentlemen from Cook, Representative McAuliffe to explain his vote."

McAuliffe

"Mr. Speaker, Ladies and Gentlemen of the House. This is truly a bipartism Bill. I had a Bill, and I introduced a Bill on mandatory insurance earlier in the year. We combined Representative Laurino's and my Bill together. This is the Bill that the Secretary of State favors. If you go back in your districts and talk to you voters, you're going to find like I've done in the years I've been down there. I took a poll every year, between 85 and 90% of the people in the districts back home want mandatory automobile insurance. It covers the people who aren't driving cars. If they were crossing the street, get hit by a car, by and large, uninsured motorist are just out of luck. You'll have to pay the bills yourself. So this is needed to help the people that are involved that are pedestrians that are standing on the corner, a car hits them or hits their house, the automobile driver has no insurance. This will help remedy that and help protect those people. I urge an 'aye' vote."

Speaker McPike

"The Gentlemen from Cook, Representative Ronan to explain his vote."

Ronan

"Thank you, Mr. Speaker, Members of the House, I hope everyone pays attention and listens to the testimony on this Bill. This is going to be one of the most important pieces of legislation that come before us during this Session of the General Assembly. Let's set the record straight. Driving a car is a privilege. It is not a right. And I listen to some of the Members on our side of the aisle, and some of the people on the other side of the aisle talk about the tremendous cost of insurance. Well, insurance costs are high. I pay $1100 a year. And with my 19 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 $1100 this year, what happened in January, I was driving down Milwaukee Avenue, in Representative Berrios's District, a guy blows a red light, totally demolishes my three week old Riviera, $18,000 in cost, and the bottom line is, is that the fellow gets out of the car, he was inebriated, he got six moving violations, and he could have cared less that he had no insurance. His attitude was, he going to drive a car whenever he wants to, and he doesn't worry about insurance. Luckily, this individual no longer has a driver's license, because the court system up in Cook county. The bottom line, you've got to protect your constituents. Your constituents wants this legislation. During the last election for the Office of Secretary of State, hundred of thousand of signatures were gathered by both candidates for that office, saying that the people want mandatory auto insurance. It's about time you stand up, face your constituents, and do something that by an overwhelming margin they want approved. This is a very moderate compromise proposal. Representative Laurino worked very close with the Secretary of State's Office, in order to achieve the compromise, and it's about time we do something for our constituents. Let's protect the safe driver, so let's protects the same drivers. And let's try to get some of these people off the road who don't care about property rights or don't care about personal rights. I urge everyone to put a green vote on this Bill."

Speaker McPike

"The Gentlemen from Marion, Representative Friedrich to explain his vote."

Friedrich

"Mr. Speaker, and Members of the House, in the Constitution of 1970, we gave Chicago and Cook County home rule. They said, 'we want to solve our own problems'. That... it has been admitted right here on the floor, that the problem is in Cook County and Chicago. It's not Marion 20 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 County and my county and so on. If Chicago wants to solve this problem in Cook County, all they got to do is pass an ordinance to the county or city level, and they can cure it there to take these people off the road. And I don't know why the rest of us should be penalized for something that's going in that metropolitan area. If... I would say this, if Representative Ronan has a brand new Riviera, he can certainly afford $50 deductible, he wouldn't have any problems. He can have uninsured motorist and $50 deductible, and no matter who hits him. And if he thinks this is going to take people off the road, the guy that doesn't have a driver's license half the time is the guy that hits you anyway. And he's not worried about that, he's not going to worried about the insurance either one. Nothing ever goes away. They say this in temporary. But I'll tell you it's a head under the tent. And once the camel gets his head under, you will get the whole shaft next time. So, I tell you, now is the time to beat this thing."

Speaker McPike

"The Gentlemen from Kankakee, Representative Pangle."

Pangle

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'm not from Marion, Illinois, but I am from downstate Illinois in Kankakee. I'm here to tell you that the people in my district would certainly support this Bill. And I find it hard to believe that all of a sudden this Bill has become a black/white issue, and a downstate Cook County issue. There's no question to the importance of insurance. There's no question that we all should have it. I don't think we should consider the issue being black and white. And being a downstate representative, I'm proud to vote for this Bill. And I will urge everyone else to. Thank you, Mr. Speaker." 21 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Speaker McPike

"Would the Ladies and Gentlemen in the balcony refrain from any clapping, or the balcony will be cleared. The Gentlemen from Cook, Representative Pedersen, to explain his vote."

Pedersen

"Thank you, Mr. Chairman. I think we have to come down to some simple points on this. In the other states it hasn't worked. The number of uninsured motorists hasn't gone down enough not to bother with. Also, the cost of their insurance has gone up. And it's become a political football. And I think it's important that we represent our constituents. But I think in something that is this important that we have to do what's right for them in the long run. And we have a sunset provision, but I can bet you that I can tell you that in four years, when the sunset thing comes up, we're not going to get rid of it. We're going to come up with another quick fix. As far as my friend, Representative Ronan's experience in Chicago with his car, this law won't correct that situation. The guy that doesn't have a driver's license is probably still driving. I urge any of you who haven't made up your mind on this to vote against this. We'll never get rid of it."

Speaker McPike

"The Gentlemen from Cook, Representative Nash. One minute to explain your vote."

Nash

"Mr. Speaker, Ladies and Gentlemen of the House, this is a good Bill. It's a good piece of legislation. It's the people's Bill and deserves the full support of this House. Thank you."

Speaker McPike

"The Gentlemen from Knox, Representative Hawkinson."

Hawkinson

"Thank you, Mr. Speaker. I, too, am from downstate Illinois. I have some reservations about the enforceability of this Bill. And I'm happy to see the sunset provisions on it. However, I too, sent out a 22 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 survey, and my people responded over 95% in favor of this Bill. I feel that we should give it a chance to work. And I urge your 'aye' vote. In response to an earlier comment, if it's not working at the end of that time, I am sure that the response of my people will be differently. And I would vote to put it out at that time. But let's give it a chance."

Speaker McPike

"The Gentlemen from Cook, Representative Leverenz to explain his vote."

Leverenz

"Thank you, Mr. Speaker. As the people that are voting or rather has spoken previously, they say it hasn't worked. It's true it hasn't work in other states. They say it cost more in other states. Sure it cost more. They say it is the Bill as I read it. It does not unmandate uninsured motorist coverage. The fact is, the petitions that were passed by the people that were running for Secretary of State overwhelmingly shows that the people want it. Give them what they want. Vote green."

Speaker McPike

"Gentlemen from McLean, Representative Ropp."

Ropp

"Thank you, Mr. Speaker, and Members of the House. I too, want to just reiterate the survey that I took in my district. Fact is, two years ago which was... far exceeded 86% in support of this. As a result of that, both candidates who were running for Secretary of State, based their concerns on that because that's one of the first polls that was taken. It is a little bit of a problem in this issue for me, because I probably come from an area that has more insurance company per square foot than anywhere in the State of Illinois. However, as has been mentioned many times, I think we ought to show concern for the people as they are the ones who sent us here. And on this issue, it deserves consideration to attempt to deal with a problem. None of us like to be hit by an automobile 23 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 that is uninsured. I think that it gives us an opportunity to show leadership in representing the people and certainly where their needs changes, we'll be able to do that sitting in this legislative Body in the years down the road. I urge you to support it."

Speaker McPike

"The Gentlemen from Livingston, Representative Ewing."

Ewing

"Mr. Speaker, Ladies and Gentlemen of the House. The easiest thing for most of us to do on this Bill, would be to vote green. I think that those who have spoken are accurate when they say that our constituents think they want this Bill. I'm sorry sometimes you have to vote your conscience. Sometimes you have to vote what you believe is right. If we vote green, and we pass this Bill, we will add to the cost of our constituents. They will get no more protection, and we will do them no favor. We are elected for two reasons. One, to represent our constituents, and one, to do what we know is right. Our biggest problem comes when those two conflict. In that case... I mean that is the case in this particular issue. I must come down on the side of what I know is best, not what I think is politically popular. Vote 'no'."

Speaker McPike

"The Gentlemen from Kendall, Representative Bastert."

Hastert

"Mr. Chairman, Ladies and Gentlemen of the House. We've had a great a deal of verbosity on this Bill. You know this Bill, voting yes on this Bill is kind of like throwing a boomerang. It's fun to throw but it's going to come back and hit you right between the eyes, if you look at this in a dollar and cent perceptive. And I think we ought to talk dollars and cents. In my area it cost you $300 a year to buy life insurance of full coverage. It'll cost you, out of that $300, there is a $40 cost for uninsured 24 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 motorist insurance. If you vote for this Bill, as has been the experience in other states in this country, that have gone to this type of insurance, it's going to cost you $500 to $600 a year, for people in my area to buy auto insurance. You don't think those people are going to come back and ask you why in the world their insurance premium's so high when you voted for this Bill. I think the way... I think there's been a lot of good points. And in one of the suggestions are the people who don't have insurance, and don't have driver's licenses should not be driving. And I think that's the approach to the problem we ought to take. Take those people who don't have driver's or automobile insurance. Take their driver's license away, and give them a penalty when they want to drive without a license. That's a solution, not raising everybody insurance premium. Thank you."

Speaker McPike

"Gentlemen from Cook, Representative Bullock to explain his vote."

Bullock

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. The previous speaker, one of the previous speaker indicated that it's black or it's white. It's not black, it's not white. It's what's right. The fact of the matter is there're victims involved in collisions, there's property damage, reckless drivers. I certainly don't want to ride side saddle with Ronan, and get to close to him. But I had a similar experience just before the primary. I had a fellow who was a legal alien, had no insurance, went through two store front windows and wiped out my campaign headquarters, and wiped out my 1983 Park Avenue. We haven't collected yet. And I'm out of 400 bucks. But the fact of the matter was, the serious nature of it, is that two ladies were walking out of the door, both of whom barely missed being hit by the automobile that was going 25 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 north on a one-way street, south on the sidewalk. Had these individuals been hit, I often wonder who, in fact, would have made them whole. Our property was repaired because we had insurance, liability insurance. But the fact to the matter is, this is not black, this is not white, this is what's right, and the vote is green."

Speaker McPike

"The Gentlemen from Cook, Representative Kulas."

Kulas

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The problem addressed by this legislation is not a city problem. It's not a county problem. It's a statewide problem. People from Marion County come up to Chicago. People from Chicago run down to southern Illinois. If you want to protect the people of this state. You'll vote for this Bill."

Speaker McPike

"The Gentlemen from Effingham, Representative Brummer."

Brummer

"Yes. Very briefly. The politics of this issue would appear to me to be that about 90% of the people are insured, and those people that are insured think everybody else ought to carry insurance. I would suggest that that is a simplistic approach. Uninsured motorist coverage is currently carried by everyone who carries insurance. You're still going to have to carry uninsured motorist coverage for the out-of-state driver, and for those in-state drivers who are somehow going to fall through the crack shed and avoid the provisions of this law should it pass. So there will be no savings to the individual who currently carries insurance. I think the inevitable result of the passage of this Bill will be increase pressure for state-wide rating. And when we have uniform state-wide rating, downstate rates will inevitably increase substantially. I see no benefits to the insured with regard to this Bill. There will be some increased cost as 26 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 a result to this Bill. I think in a relatively short time should this Bill pass, there will be considerable political pressure for state-wide uniform rates and then of those downstate who currently enjoy better rates will be paying the same rates as the rest of the people in the State of Illinois. And I think on those... for those reasons, a 'no' vote is the proper vote."

Speaker McPike

"The Gentlemen from Cook, Representative Shaw."

Shaw

"Yeah. Mr. Speaker."

Speaker McPike

"The Gentlemen from Cook, Representative Laurino for what reason do you rise?"

Laurino

"The Gentlemen spoke in the debate, Mr. Speaker."

Speaker McPike

"Your point is well taken. The Gentlemen from Will, Representative Van Duyne to explain his vote."

Van Duyne

"Thank you, Mr. Speaker, and Member of the House. I just like to add my two cents to this, and try to show some kind of justification for this Bill. About ten years ago, a young fellow came blasting through my building on Jackson Street in Joliet. And if it hasn't been for the fact that I had full coverage on my building, I would have had to withstand the total rehabilitation of my building. It cost me $8,000 to rebuild, to put that building back in place. Now this car came across my lawn, right over a tree, right through a brick wall, and was sitting inside of my building. Now if you talk about Larry, Larry Bullock said a moment ago that, 'it isn't black, it isn't white, it isn't up or down. It's what's right, and it's what is right is right'. I don't see why I should have had to if... Just for the sake of the grace of God, and the good insurance policy, I wouldn't ... I would have had to withstand the price of that $8,000 refurbishing my building. Now I think there's 99 votes up there on the board that means there is 19 people who are abstaining. I 27 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 think this is... practically every newspaper in the state has editorialized as to the fairness to this, at least the necessity for some type of obligatory insurance maintenance on the part of everybody who drives an automobile. Now, if we're going to be here, we should at least put our votes where our mouth is. And the 19 people who are sitting there mute should at least put there votes up on the board. I can see no reason in the world why people who pay their insurance premium, and do cover themselves have to sit and pay the freight also, for people who do not carry the responsibility that they should in operating a motor vehicle. So, I would wish at least the 19 who are not voting, would put their votes up on the board which ever way it is."

Speaker McPike

"The Gentlemen from Cook, Representative Huff to explain his vote."

Huff

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I'm voting red on this issue, and I'm going to leave it that way. I must say that Representative Bullock is correct. This is not a white or black issue. It's the Department of Insurance. We do not regulate the insurance companies in this state, Ladies and Gentlemen. And these conditions that Representative Bullock talked about, and Representative... about running into these uninsured motorist will still exist. The only thing that we can say with any certainty, is that the premiums are going to go up. And we'll still have people telling these horror stories about running into the motorist who is uninsured. Without... rate review, we will still have this problem, Ladies and Gentlemen, don't fool yourself."

Speaker McPike

"The Gentlemen from Cook, Representative Harris to explain his vote."

Harris

"Thank you, Mr. Speaker, Ladies and Gentlemen of the 28 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 House. I have lived in states that have mandatory insurance. The administration is not hard. Its seems to be reasonable. The cost of the premiums have not seemed too be excessive. I think it's manageable. We heard insurance companies talk about the cost. Insurance companies come back and say, 'We should go with no-fault, rather than mandatory insurance, if we go with no-fault they come back and say that, 'there's something wrong with no-fault.' The people seem to be asking us to take some action in this regard. They seem to be asking us that this is an issue which is important to us. They want this. I think it's time that we give them to them. It has a sunset provision. Four years from now, if it's not right, we can do away with it. I recommend an 'aye' vote."

Speaker McPike

"The Gentlemen from Cook, to explain his vote, Representative McGann."

McGann

"Thank you, Mr. Speaker, Members of this Assembly. I believe we should have a cooperative effort today to give the breaks to the people of the State of Illinois. There is a provision in this Bill that clearly states, has been stated here this afternoon, that if this does not work out, this measure, that it is not acceptable, not feasible, it could be changed in four years. Let us not allow this Bill to go down in defeat. But let's have a cooperative effort from both sides of the aisle, and give it a chance, and give the people of the State of Illinois a chance. Thank you."

Speaker McPike

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 63 'ayes', 45 'nos', none voting 'present'. House Bill 195 having received a... The Gentlemen from Cook, Representative Taylor."

Taylor

"Mr. Speaker, will you please count me, 'aye'?" 29 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Speaker McPike

"Representative Taylor, 'aye'. Representative Hensel."

Hensel

"I would like to change my vote to 'yes'."

Speaker McPike

"Record the Gentlemen as 'aye', from 'no' to 'aye'. Representative Karpiel from 'no' to 'aye'. Representative Panayotovich."

Panayotovich

"Yes. Mr. Speaker, I'd like to thank you. Like to mention this is the best birthday present, Mr. Laurino could have. Thank you very much."

Speaker McPike

"What's the count, Mr. Clerk? On this Bill there is 66 'ayes', 43 'nos', none voting 'present', and House Bill 195, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentlemen from Peoria, Representative Saltsman for an announcement."

Saltsman

"Thank you, Mr. Speaker. For introduction, we have the children and teachers from the Peoria Hebrew Day School, Principal, Robert Scott; Instructor, Christine Maggan. They're from the District of Representative Tuerk, and Senator Bloom. Welcome in Springfield. In the balcony to the left of the Speaker."

Speaker McPike

"The Ladies and Gentlemen of the House, Representative Jeff Mays would like to introduce some members from his district."

Mays

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. It's my joint pleasure with Representative Neff, to present to you the Class A girls' runners-up in basketball competition this year, the Rushville Rockets. And to introduce the team we have coach, Vicki Green. Will you go right ahead."

Vicki Green

"Thank you, for having us here. And I like to introduce the players: Terri Robbins, Cindy Grafton, Lori Fitzjarrald, Loy Clayton, Peggy Runkle, Dawn Crum, Lori Wells, Karrie Maxwell, Assistant Coach, Bev Eck; Amy 30 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 Runkle, Kym Kettering, Rhonda Maxwell, Carol Montague. Thank you."

Neff

"We're real proud of these folks here from our area. And I know you folks are proud of them. At this time I would ask the Clerk to read the Resolution please."

O'Brien

"House Resolution 204, by Representative Mays and Neff, whereas the Rushville Rockets of Rushville, Illinois finished an outstanding basketball season by taking second place in the Class A Girls' State Basketball Championship in Champaign, on March 26, 1983, Whereas the purple and gold Rockets of Schuyler County capped 1982-1983 Season with a fine 29 and 3 record, and whereas the Rockets have maintained the third place ranking in the state for each week of the entire regular season, and whereas the team has been so ably lead by Coach Vicki Green, who completes her third year of coaching with a fine record of 80 wins and 13 loses, and whereas the Rushville Rockets have been guided and inspire by Principal Vernon Sprehe, Athletic Director, Richard Beck, and Superintendent Carroll Johnson; and whereas tremendous support was shown by the loyal fans of Rushville which was truly representative of their pride in the outstanding achievements of their young people; and whereas the Rockets roster includes Lori Fitzjarrald, Loy Clayton, Cindy Grafton, Dawn Crum, Terri Robbins, Carol-Montague, Peggy Runkle, Kym Kettering, Karrie Maxwell, Amy Runkle, Lori Wells, and Rhonda Maxwell; and whereas the Rockets contributed two players to the All Tournament Team namely, Lori Fitzjarrald and Terri Robbins; therefore, be it resolved by the House of Representatives of the Eighty-Third General Assembly of the State of Illinois, that we extend our hearty congratulations to Coaches Vicki Green and Bev Eck and to the Second Place Rushville Rocket Girls' Basketball Team, and that we wish 31 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 Rushville High School continued success as they strive toward the State Championship next year; and be it further resolved, that suitable copies of this Preamble and Resolution be presented to Coach Green and each individual named herein as a token of our high esteem and wishes."

Neff

"Thank you, Mr. Clerk. You've heard the Resolution. And Mr. Clerk, I would like to ask, make the Motion that this Resolution be approved. All in favor signify by saying 'aye', opposed same sign. The Motion carries. And I would like to ask Mr. Clerk, that all the names of the House Members be put on this Resolution. Thank you."

Speaker McPike

Speaker McPike: "The Gentlemen from Cook, Representative Yourell."

Yourell

"Thank you, Mr. Speaker. As the principal Sponsor of House Bills 1219, and House Bill 800, I would ask leave to place those Bills on Interim Study?"

Speaker McPike

"The Gentlemen asks leave to place House Bill 1219, and House Bill 800 in Interim Study. Are there any objection? Hearing no objections, leave is granted, the Bills will be placed in Interim Study. The Lady from Cook, Representative Topinka."

Topinka

"Yes. Mr. Chairman, and Ladies and Gentlemen of the House, not only is it Representative Laurino's birthday today, but it's another exciting day for one of our Members. Joe and Wally Oblinger are today celebrating their 43rd Wedding Anniversary. And I think that's worthy of note."

Speaker McPike

"The Lady from Sangamon, Representative Oblinger. Congratulations."

Oblinger

"Thank you very much. I would like to ask permission for House Bill 2089 to be tabled."

Speaker McPike

"The Lady asked leave to table House Bill 2089. Are there any objection? Hearing no objections, leave is 32 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 granted."

Oblinger

"Thank you very much. You're all very kind to me."

Speaker McPike

"And House Bill 2089 is tabled. Lady from DuPage, Representative Cowlishaw."

Cowlishaw

"Mr. Speaker, and Members of the House. May I have leave please, to place House Bill 1140 on Interim Study?"

Speaker McPike

"The Lady asks leave to place House Bill 1140 on Interim Study. Are there any objections? Hearing no objections, leave is granted. 1140 will be placed on Interim Study. The Lady from Cook, Representative Barnes."

Barnes

"Mr. Speaker, Ladies and Gentlemen of the House, I would like to table House Bill 910."

Speaker McPike

"The Lady asked leave to table House Bill 910. Are there any objection? Hearing no objections, House Bill 910 is tabled. Representative Braun in the Chair."

Speaker Braun

"Thank you. Thank you, Ladies and Gentlemen. Thank you. Ladies and Gentlemen, Members, visitors in the gallery, may we have your attention, please? May we have your attention, please? We are today honored by the presence of a new Member of the Illinois General Assembly to be sworn in. Many of you know him. He served with some of us in the Eighty-Second General Assembly. I'd like to welcome back to the Illinois General Assembly as a Member, Representative Arthur Turner. Representative Turner will be sworn in and the oath will be given to him by Mr. Justice Getty."

Parliamentarian Getty

"Raise your right hand, repeat after me. I. State your name."

Turner

"I, Arthur L. Turner."

Parliamentarian

"Do solemnly swear."

Turner

"Do solemnly swear."

Parliamentarian

"That I will support the Constitution of the United States." 33 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Turner

"That I will support the Constitution of the United States."

Parliamentarian

"And the Constitution of the State of Illinois."

Turner

"And the Constitution of the State of Illinois."

Parliamentarian

"And that I will faithfully discharge."

Turner

"And that I will faithful discharge."

Parliamentarian

"The duties of the Office of Representative."

Turner

"The duties of the Office of Representatives."

Parliamentarian

"Of the 18th Representative District."

Turner

"Of the 18th Representative District."

Parliamentarian

"Of the State of Illinois."

Turner

"Of the State of Illinois."

Parliamentarian

"To the best of my ability."

Turner

"The the best of my ability."

Parliamentarian

"Congratulations."

Turner

"Thank you very much."

Speaker Braun

"Representative Turner will be replacing Representative Bill Henry. And we'd like to call on him now to say a few words to this Body."

Turner

"I'd like to first of all just say, hello again to all my friends to those new and old. And tell you what indeed, a pleasure it is to be back to this august Body as some have called it, others term it other things. But it is indeed, a pleasure, and it's a brand new day. In fact, of the last six months, I had a chance to attend the Harold Washington Political Coeducation Institute. And I received my diploma, and I am rightfully rewarded to sit here in the 18th District. In fact, I brought back a little momento, I'm sure most of you'll find it rather humorous. And it's a model from... I should say this is my diploma from the last six months. And it's says, 'We ate em up.' Those of us from Chicago would understand that one. Again, words cannot explain. In fact, I'm probably talking longer now 34 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 than most of you heard in the last Session. And that tells you that, that institution did a lot for me. But, I'm looking forward to serving with you. I was told that the State is in trouble, that schools are out of money, that transportation, that they are talking about closing down on the RTA CTA. And they said, 'Well they wanted somebody that could come down and a guy that at least could work with both sides of the aisle is Art Turner to solve their problem.' So they sent me back to this Body to help you out. I'm looking forward to it. Thank you all again, and let's do the work for the people of the State of Illinois."

Speaker McPike

"Representative Pierce."

Pierce

"Mr. Speaker, Representative Turner, I suggest you check Representative Getty's ulterior seal. I understand he didn't renew it last year. And you may not be official yet. You better check that out. Anyway, welcome back, I we're glad to have you."

Speaker McPike

"Representative Hoffman."

Hoffman

"Thank you very much, Mr. Speaker. Representative Turner, it is indeed an honor and a privilege for us to welcome you back to the House on this side of the aisle, and of course, I have a special interest in you being a graduate of Illinois State University. And we need as many alumni from that University down here as we can get. Welcome back."

Speaker McPike

"Representative Ronan."

Ronan

"Yes. It's good to have Turner back. He doesn't vote right very often on the issues, but he is a good softball player, and he can't do anything but help our softball."

Speaker McPike

Speaker McPike" "Representative McPike in the Chair. We will proceed on Third Reading House Bill 226. Representative Stuffle. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 226, a Bill for an Act to amend 35 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 Sections of an Act to create the State Universities Civil Service System. Third Reading of the Bill."

Speaker McPike

"Representative Stuffle."

Stuffle

"Yes. Mr. Speaker, and Members of the House. House Bill 226 deals with the powers of authorities of the University Civil Service System, providing that they may negotiate as part of their powers to negotiate, terms of agency shop agreements with their employees. This is a clarification of the existing powers that reside in that Body to negotiate hours, and wages, and conditions of employment, which has been in place for a number of years. This would extend by agreement of both parties to the provision of an agency shop clause in the contracts that are negotiated. And I would ask for a favorable Roll Call."

Speaker McPike

"The Gentlemen has moved for the passage of House Bill 226. On that question the Chair recognizes the Gentlemen from Adams, Representative Mays."

Mays

"Thank you very much, Mr. Speaker. Would the Gentlemen yield?"

Speaker McPike

"He indicates he will yield."

Mays

"What exactly... how do you define agency shop in here? I see there was an Amendment that was put on. Could you explain that for me, please? Explain the Amendment, Representative."

Stuffle

"The Amendment attempts to provide in the Bill for the findings that has been made in case law today with regards to how we define maintenance of membership and fair share provisions. Court cases are different with regard to whether or not you can uniformity collect all dues, or only those dues that aren't related to the use for political purposes and so forth. We attempted in the Amendment to make the Bill consistant with the case law and the court 36 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 findings."

Mays

"Thank you. Would the people that are currently nonunion members be required to pay dues and initiation fees regardless, other than the fair share that you are talking about all the time?"

Stuffle

"If there is a negotiated contract that would include a fair share provision. As you know that would apply in terms of the definition in the Bill, that's correct."

Mays

"So dues...dues and initiation fees are in there, and then you expanded that through Amendment #1, to include 'other matters affecting wages, hours, and other conditions of employment'."

Stuffle

"That's not true. That's a limitation, not an expansion of the dues provision."

Mays

"That is not an expansion then. This is only opposite."

Stuffle

"This is not only opposite, it's a limitation. The courts have limited with that type of language, so that you could not uniformity take that portion of dues that were used for political purposes."

Mays

"Is it correct that, should a person not want to pay tribute to the given union representative that he will be asked to leave his job, or lose his job under this Bill?"

Stuffle

"That's not the case. The controlling case is the Aboude case, which is recognized, I believe, nationally on this issue. That is an attempt to provide what the uniformity provision is on the dues that are taken, and a person who holds some conscientious objection to this for whatever reason, religious, or otherwise, can on the basis of that case and others and must, be allowed to have that uniform amount given to a charity."

Mays

"Under this Bill, who determines what the... what charity would be eligible?"

Stuffle

"There's no provision in the Bill to determines what 37 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 charity would be eligible."

Mays

"No, I haven't had a chance to see this Bill. I know in the 826, you do have both the union and the member having to pass on what given charity is eligible."

Stuffle

"Representative, that's the way it works. And that's the way the courts have held. Where there is such a provision in place that that's the method that is utilized. And this Bill wouldn't change that in any way."

Mays

"So, he should be given nonunion member, the person that does not want to pay tribute, not pay tribute, he will lose his job providing he doesn't pay a charitable institution a like amount. Is that correct?"

Stuffle

"I don't think that's a fair rendition of what the Bill does, or the affect."

Mays

"Then what does the Bill do?"

Stuffle

"It provides for the check off of the provisions in the Bill, for those fees and assessments are related to fair share provisions. I don't think that you can construe from this the person would lose his job from that situation."

Mays

"Is our faculty members included in this Bill?"

Stuffle

"My understanding is that it's a strict continuation of the ability to negotiate with those people. Now, I think that that could be construed that way, but at the current time they're not negotiating with them at all, as you know, they are no provisions at this time for their collective bargaining agreements with exception of the Board of Governors of state colleges and universities, where they are negotiating with faculty members. And they do have a contract on a statewide basis. Otherwise, that's not the case at this time."

Mays

"What management rights are delineated in the Bill?"

Stuffle

"There aren't any management rights in the Bill. It merely... nor are there any rights that accrue to the 38 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 labor union members. It's merely an negotiable item between the two parties, and no one is forced to consent to that agreement.

Mays

"Thank you. Mr. Speaker to the Bill."

Speaker McPike

"Proceed."

Mays

"This is probably the first of many that in this chamber is going to see coming before us, regarding collective bargaining, fair share, you name it, it goes in this General Assembly. What we tried to do on a similar Bill, along these lines just requiring fair share, so to speak, dues to be paid to union was mandate that those dues be audited by the Auditor General, so that we know indeed, and the people that are paying those dues, know indeed, that those dues are going for those purposes. That Amendment was not adopted to another piece of legislation that probably would be fought in the Senate or in the Committee and not come on this piece of legislation. In perspective, I want you each to realized that we have in the last 10 years, moved to remove age as a basis for firing a person, sex, race, politics, you name it. We've gone the other way. What we are doing by adopting this kind of thing, as I understand it, is allowing a person to be fired for failing to pay tribute to a given union. And I think that's totally countered to what we've been trying to do in this General Assembly the last 10 years. I would urge a 'no' vote."

Speaker McPike

"The Lady from DuPage, Representative Nelson."

Nelson

"Thank you, Mr. Speaker. Question the Sponsor."

Speaker McPike

"He indicates he will yield."

Nelson

"My understanding, Representative Stuffle, that in House Bill 1423, you called there for an agency shop based on an referendum. Now... it's difficult for me to understand why you have one Bill in going one way, another Bill going the 39 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 other way."

Stuffle

"That Bill needs to be cleaned up, and it's going to be sent to Interim Study. This is the way we should go."

Nelson

"Who will in the end pay under this Bill?"

Stuffle

"Those people who in those units where there is negotiations in place under the powers that are already existent to the extent of the employer, the employees would agree in the unit to an agency shop provision. And that could be any number of units under the university system. And you would have to have a consideration of what that unit was at that time. You might be talking about an agency shop provision that applied to say, carpenters in a unit, or plumbers, or faculty. It would all depend. This a clarification that they can negotiate that in place within the powers already there. So, you have to look at the unit in place at the time to determine who was negotiating it."

Nelson

"And it is your contention is it not, that the Amendment is a limitation that the cost of pursuing matters affecting wages, hours, and other conditions of employment, is something less, than in your original Bill?"

Stuffle

"I think it's more than my contention. I think that the language we attempted to put in there was to reflect the case law, and to reflect the case I mentioned in particular. And that does serve in those cases as a limitation, not as an expansion."

Nelson

"Mr. Speaker, to the Bill. I think that the..."

Speaker McPike

"Proceed."

Nelson

"Answer to his last question is instructive. Because in his answer, Representative Stuffle said, 'In most cases.' Therefore, this does not mean that this is absolutely a blanket reduction of dues that non union people may have to pay to receive some of the benefits that have been 40 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 negotiated by the union. It does define agency shop into an agreement between the employer and the employee representative organization, under which all or any of the employees are required to pay a share of the cost of pursuing matters affecting wages, hours, and other conditions of employment. It seems to me, and others on this side of the aisle, that that opens up many questions of how these dues, or these contributions can be used. And the question that I have and the reason that I would urge others to vote 'no' on this Bill, is that there is no guarantee, because the Amendment did not go on, that these monies could not be used for pack contributions and other kinds of money like that. Thank you very much. I would urge a 'no' vote."

Speaker McPike

"The Gentlemen from Macon, Representative Tate."

Tate

"Would the Sponsor yield?"

Speaker McPike

"He indicates, he will yield."

Tate

"Representative Stuffle, I'm not totally sure if I understand whether this would include all faculty members at all universities. Is that correct?"

Stuffle

"It would include those people who attempted to negotiate with management to the extent that management, and whoever was in a given bargaining unit negotiated this type of provision. It might, or might not include the faculty, all or part."

Tate

"Well now, Here's... you know, the board is good. The Board of Governor has a collective bargaining agreement, alright? How about... and now, how would this affect the faculty members that the Board of Regions or the University of Illinois or Southern Illinois University, the faculty members?"

Stuffle

"Depends on whether or not they chose to negotiate the issue, or attempted to negotiate the issue. It's possible 41 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 that that could be the case, as I understand it. But you are not necessarily, you're not forcing anyone into this situation. You're allowing them to negotiate this situation."

Speaker McPike

"The Gentlemen from Peoria, Representative Saltsman on the Bill."

Saltsman

"Thank you, Mr. Speaker. This is no more than a service fee, and many other organizations in the state and the municipal government already have this type of agency shop. The employees that are receiving the benefits should pay their fair share. The employees of my City, Peoria, were offered this agency shop. We've had no problem with it. There's 800 employees there. Many of our city managers through out the State of Illinois and mayors have already given this agency shop to different groups of employment and municipalities. I urge a 'yes' vote on this, it's very important."

Speaker McPike

"The Gentlemen from Cook, Representative McAuliffe."

McAuliffe

"Mr. Speaker, and Ladies and Gentlemen of the House, I want to interrupt the debate for just one minute. Today is Lobby day for the Illinois Nurses Association. Many of the Nurses are visiting in Springfield. Many are in the gallery now. Could they stand up? Thank you very much."

Speaker McPike

"There being no further discussion. Representative Stuffle to close."

Stuffle

"Yes. Mr. Speaker, and Members, just briefly to clarify something. Representative Nelson, made reference to a statement she said that I said, 'In most cases this would apply with regard to those court cases'. I said, 'In those cases', not most cases, in those cases where this would be considered by the court based upon their language in the case law. We've attempted to put this Bill together by way 42 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 of the Amendment as a limitation an not expansion. In those cases, not in most, but all situations that would apply. What the Bill does is simply what Representative Saltsman said, 'It provide you don't get a free ride.' If you're going to have the people in your unit negotiate, if you're going to have them be represented, then you're going to pay your fair share for that representation. The benefits, the wages, the conditions that accrue to those members of the unit, were negotiated by a representative. It's a majority rule provision. The opposite of a free ride. The opposite of right-to-work that this General Assembly time and again defeated. And also, the last issue I would raise about the firing question of Representative Mays. As no one is going to be fired because of this Bill. There's no one going to be fired because of the passage into an agreement or putting into an agreement agency shop provision. You would have to have a separate contract to do that situation. This has nothing at all to do with that. It simply, you pay your fair share for what you get, for what's negotiated. It is an negotiable item. It is permissive. It forces no one in management in the University system to consent or to agree to this, merely it allows that this be a negotiable item. And for those reasons I would ask for an affirmative Roll Call."

Speaker McPike

"The Gentlemen has moved for passage of House Bill 226. The question is, 'Shall House Bill 226 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill there's 67 'ayes', 41 'nos', 1 voting 'present'. House Bill 226, having received the Constitutional Majority, is hereby declared passed. House Bill 295, Representative Satterthwaite. Read the Bill, Mr. Clerk." 43 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

O'Brien

"House Bill 295, a Bill for an Act to amend Sections of the Illinois Pension Code. Third Reading of the Bill."

Speaker McPike

"The Lady from Champaign, Representative Satterthwaite."

Satterthwaite

"Mr. Speaker and Members of the House, House Bill 295 amends the Downstate Firemen's Pension Code. It changes the survivor benefits payable to dependent children in those cases where there is no surviving spouse. I believe that it is a fair system. It provides only for a very moderate increase in benefits, and it brings the survivor benefits under this system in line with survivor benefits in some of the other pension systems. The Bill, in its amended form, is recommended for passage by the Pension Laws Commission, and I would be happy to answer any questions."

Speaker McPike

"The Lady has moved for the passage of House Bill 295. Is there any discussion? There being no discussion, the question is, 'Shall House Bill 295 pass?'. All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 108 'ayes', no 'nays', 2 voting 'present'. And House Bill 295, having received a Constitutional Majority, is hereby declared passed. House Bill 300, Representative Berrios. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 300, a Bill for an Act to amend Sections of the Revenue Act. Third Reading of the Bill."

Speaker McPike

"Representative Berrios on the Bill."

Berrios

"All this...hello. All this Bill really does - it's a simple Bill - it allows the Board of Tax Appeals in Cook County to communicate with the assessor by a computer printout. The assessor doesn't use the written statements, 44 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 and the written statements are contained in a file, and they feel that is sufficient. I would ask for a favorable vote on this."

Speaker McPike

"The Gentlemen has moved for the passage of House Bill 300. Is there any discussion? There being no discussion, the question is, 'Shall House Bill 300 pass?'. All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 95 'ayes', 12 'nos', 2 voting 'present'. House Bill 300, having received a Constitutional Majority, is hereby declared passed. House Bill 347, Representative Wolf. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 347, a Bill for an Act in relation to occupation and use tax limits on home rule units. Third Reading of the Bill."

Speaker McPike

"The Gentleman from Madison, Representative Wolf."

Wolf

"Thank you, Mr. Speaker and Members of the House. Under the Municipal Code in the Counties Act, authorization is given for all municipalities to levy a sales tax not to exceed one percent. That one percent is collected by the Department of Revenue with a collection fee of two percent. Now under the Constitution, home rule units can impose a rate in excess of that one percent; however, they have to collect that additional tax with whatever means they can. House Bill 347 would statutorily raise the limitation for home rule units only to two percent in increments of one-quarter percent, which is merely to provide the authorities to the Department of Revenue to collect that tax for home rule units. There is no additional authority given in this Bill for any home rule unit to impose any tax in excess of what they can already impose. The Bill is 45 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 merely for the purpose of providing statutory authority to the Department of Revenue to collect that additional one percent, if ahome rule unit decides they need additional sales taxes to supplement their revenues. I would solicit your 'aye' vote. Thank you."

Speaker McPike

"The Gentlemen has moved for the passage of House Bill 347. On that question, the Gentleman from DeWitt, Representative Vinson."

Vinson

"Mr. Speaker, will the Gentleman yield for a question?"

Speaker McPike

"He indicates he will yield."

Vinson

"Representative, under your proposal, will the additional one cent tax be applicable to food and drugs?"

Speaker McPike

"Representative Wolf."

Wolf

"The additional tax will be subject to all the limitations and the tax base as presently provided under the statute. It doesn't change any of the tax base and is a tax that has to be compatable with the system."

Vinson

"So, it will not be applicable to food and drugs."

Wolf

"If the municipality would so decide, it would."

Vinson

"The municipality could opt if you tax food and drugs."

Wolf

"If they decided to do so in their ordinance, they probably could, Sam. I would question, however, whether or not the Department of Revenue would consider that a tax that they could legally collect under their particular system."

Vinson

"Would the tax be applicable to agricultural machinery?"

Wolf

"I would assume that it would."

Vinson

"Would the tax be applicable to that kind of business equipment on which we've reduced the sales tax at the state level?"

Wolf

"Well again; I'd say that this would depend on the particular ordinance adopted by the municipality."

Vinson

"To the Bill, Mr. Speaker. The Gentleman, in my judgment from reading the file, has accurately described this Bill, 46 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 and I'm sure comes to the General Assembly with a proposal he's thought hard and long on. He's a Member who has worked diligently on every proposal he's ever offered. But I would wonder if this Legislature, at this time, should undertake to increase the tax on food and drugs or the tax on agricultural machinery or business equipment. I would wonder whether we should authorize anybody else to increase that sales tax. We've heard long discussion over the past few years about problems in the sales tax and about the regressiveness of the sales tax in the case of food and drugs. We've heard long discussions about how taxing agricultural equipment creates a disparity on our border...in our border areas, and there are home rule municipalities which do border on states that have no agricultural equipment tax. We've heard long discussion about how the sales tax as it applies to business equipment discourages investment in Illinois. And when that business investment is discouraged in Illinois, even if it's just discouraged in a home rule unit, then it affects us all, because we tax, through other ways, economic activity in those home rule units. Now there are a variety of other ways, if it's necessary to raise revenue, that revenue can be raised in regard to those home rule units. Indeed, by act of the General Assembly, we could authorize those home rule units to impose an income tax, and that income tax could be prescribed in ways that would make it compatable and collectable by the Illinois Department of Revenue. We could have that kind of proposal, and the Gentleman might have brought that proposal to us. We could have a variety of other ways to collect tax. The municipalities do often, in many cases, impose a tax on utilities, gross receipts of utilities. And that could be a tax that would be increased. There are a variety of ways that municipalities 47 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 can raise taxes, can raise revenue. Indeed, there's probably no unit of government which enjoys the broad range of revenues by source that municipalities enjoy. I think it's a mistake to let this tax be increased, to authorize this tax to be increased on food and drugs. I think it's a mistake to authorize a tax increase on agricultural machinery or on business equipment. And for those reasons, I stand in opposition to the Gentleman's Bill and would urge a 'no' vote on the Bill at this time."

Speaker McPike

"The Lady from Cook, Representative Currie."

Currie

"Thank you, Mr. Speaker and Members of the House. I think the previous speaker misspoke. Either that, or misunderstands the Bill. This Bill does not authorize any home rule unit of government to impose any tax not already authorized by the Illinois Constitution. The issue in House Bill 347 is who collects a tax the Constitution authorizes home rule units to impose? The point of House Bill 347 is to say that an additional one percent tax imposed under the Constitution, not under House Bill 347, by any home rule unit of government in the state can be and shall be collected by the Department of Revenue rather than by the local home rule unit of government. The reason House Bill 347 is an important Bill for us to adopt is because local units of government doing their own collecting, do not do a very adequate job. The Department of Revenue is already out there collecting sales taxes. To collect the additional one percent - and it is only one percent, capped at one percent - sales tax imposed by the home rule unit of government only means that the tax will be collected surely, fairly and adequately."

Speaker McPike

Speaker McPike: "Excuse me, Representative Currie. Representative McCracken, are you looking for someone in the gallery or...no? Alright. Proceed, Representative 48 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 Currie."

Currie

"Thank you, Mr. Speaker. House Bill 347 authorizes no new tax. It's a good Bill, and I hope the Members of this Assembly will vote 'yes'."

Speaker McPike

"Is there any further discussion? There being no further discussion, the Gentleman from Madison, Representative Wolf, to close."

Wolf

"Thank you, Mr. Speaker and Members of the House. Representative Currie explained the Bill very adequately, and I would simply repeat what she has already said. This Bill gives no additional authority to anyone to impose any tax that they can't already impose. As previously stated, the Bill simply, statutorily, provides the means whereby, if a home rule unit decides to increase their tax base, the Department of Revenue can collect that tax for them at the same fee as they are collecting the present one percent. It would seem to me to be rather silly. If we have, at the state level, all the mechanism to provide the collection procedures for local units of government and then rather than to convey and...that convenience to them, we tell them, 'No, we're not going to do this. You set up your own bureaucracy in your own local city halls. You impose all of the local expense that it's going to take to collect that additional tax, even though we could do it for you at a very small percentage of what you could do it.' I think it would be silly for us not to approve this Bill, and I would solicit your 'aye' vote."

Speaker McPike

"The Gentleman has moved for the passage of House Bill 347. The question is...the question is, 'Shall House Bill 347 pass?'. All those in favor signify by voting 'aye', opposed vote 'no'. Representative Vinson, for what reason do you rise?"

Vinson

"Mr. Speaker, I rise to request the Chair to rule on the 49 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 number of votes necessary to pass this Bill. It is a limitation on home rule powers. And because of the home rule unit...home rule limitations in the Constitution, I believe it requires a super majority in order to pass this Bill."

Speaker McPike

"Representative Wolf on the point."

Wolf

"Yes, Mr. Speaker, this is not a limitation on the powers of home rule units. I think the mis...I think the Gentleman misunderstands the Bill in its entirety."

Speaker McPike

"Representative Vinson."

Vinson

"In order to explain that point further, for the review of the Parliamentarian, I would call his attention to Amendment #1, lines 17 through 27. Currently a home rule unit in this state may raise the sales tax at any rate they wish to raise it. With this Amendment added to the Bill and with this Bill becoming law, a home rule unit may only raise the sales tax in certain limited increments. They cannot raise it in fractional sense. And for that reason, it is a limitation on the authority of home rule units. And for that reason, I believe it requires a super majority under the Constitution."

Speaker McPike

"Representative Bowman on the question."

Bowman

"Well, on behalf of the Sponsor of this Bill, I'd just like to thank Representative Vinson for taking enough time to allow the votes to accumulate so that now the question is immaterial."

Speaker McPike

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. Representative Bullock, 'aye'. Representative Vinson, do you seek recognition?"

Vinson

"Yes, pending the Parliamentarian's ruling on the question I've raised, I re...I would like to reserve the right to request a verification." 50 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Speaker McPike

"Fine. Representative McAuliffe votes 'no'. Representative Dunn, 'aye'. Representative John Dunn, 'aye'. Mr. Vinson, the Parliamentarian will answer your question."

Parliamentarian Getty

"On behalf of the Speaker, Article VII, Section 6(G) provides that the General Assembly, by a law approved by the vote of three-fifths of the Members elected to each House, may deny or limit the power to tax on a home rule unit. The force of the Bill, as amended by Amendment #1 and including Amendment #1, would not constructively be a limitation on the power of a home rule unit to tax. It permits the home rule unit to have taxation not to exceed one percent and merely sets forth a reasonable rate of increment, thereby not limiting the power of a home rule unit to tax, but granting it."

Speaker McPike

"The Bill requires 60 votes to pass. Representative Vinson."

Vinson

"Please record me as 'no'."

Speaker McPike

"Representative Vinson recorded as 'no'. What is the count, Mr. Clerk? 4...30...On this Bill, there are 74 'ayes', 34 'nos', 3 voting 'present'. House Bill 347, having received a Constitutional Majority, is hereby declared passed. On page 18 of the Calendar, Consent Calendar Third Reading Second Day. Read the Bills, Mr. Clerk."

O'Brien

"Consent Calendar Third Reading Second Day. The first seven Bills have been removed from the Consent Calendar. House Bill 440, Klemm, a Bill for an Act to amend the Animal Control Act. Third Reading of the Bill. House Bill 576, a Bill for an Act to amend the Snowmobile Registration Safety Act. Third Reading of the Bill. House Bill 714, a Bill for an Act to amend the Public Community College Act. Third Reading of the Bill. House Bill 750, a 51 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 Bill for an Act to amend the Minimum Wage Law. Third Reading of the Bill. House Bill 772, a Bill for an Act to amend the Wildlife Code. Third Reading of the Bill. House Bill 803, a Bill for an Act to amend an Act in relation to oil, gas, coal and other surface and underground resources. Third Reading of the Bill. House Bill 810, a Bill for an Act to amend the School Code. Third Reading of the Bill. House Bill 818, a Bill for an Act to amend the School Code. Third Reading of the Bill. House Bill 870, a Bill for an Act to amend the Illinois Pension Code. Third Reading of the Bill. House Bill 935, a Bill for an Act to amend the Illinois Pension Code. Third Reading of the Bill. House Bill 988, a Bill for an Act to amend an Act in relation to governmental officials. Third Reading of the Bill. House Bill 997, a Bill for an Act to amend the School Code. Third Reading of the Bill. House Bill 999, a Bill for an Act to amend the School Code. Third Reading of the Bill. House Bill 1038, a Bill for an Act to amend the Revenue Act. Third Reading of the Bill."

Speaker McPike

"The question is, 'Shall these Bills pass?'. All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk will take the record. Representative Younge, 'aye'. On this question, there are 105 'ayes', no 'nays', 6 voting 'present'. And these Bills, having received a Constitutional Majority, are hereby declared passed. Representative Leverenz on a Motion."

Leverenz

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have a Motion to suspend the posting requirements to hear Senate Bill 406 in the Appropriations I Committee tomorrow. It was inadvertently assigned to Appropriations II. We have checked with the Minority Spokesperson, and this has been agreed to, I understand. So I would now put 52 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 the Motion."

Speaker McPike

"The Gentleman asks leave to use the Attendance Roll Call to suspend the posting requirements of Rule 20, so that Senate Bill 406 can be heard in Appropriations I Committee tomorrow. Are there any objections? Hearing no objections, the Attendance Roll Call will be used. The Motion carries. Representative Pierce."

Pierce

"Mr. Speaker, I would ask leave to put six Bills on the Interim Study Calendar of the House Revenue Committee. It will save us posting them for next week, as we're over our 50 limit. House Bill 534, 734, 778, 779, 780 and 269. I would move that they...ask for leave, unanimous consent, to place them on the Interim Study Calendar of the House Revenue Committee."

Speaker McPike

"The Gentleman asks leave to use the Attendance Roll Call to place the following Bills into Interim Study. Read those Bill numbers, Mr. Clerk."

O'Brien

"House Bills 534, 734, 778, 779, 780 and 269."

Speaker McPike

"Is there any discussion? On that Motion, Representative Johnson."

Johnson

"Just an inquiry of Representative Pierce. I assume these are a variety of Sponsors, and you've cleared it in each case with the Sponsors. Is that right?"

Pierce

"Yes, these Bills were either recommended by Subcommittee, and the Sponsors consented to it or the Sponsors have requested it. But in order to do it, I have to...otherwise have to post them next week, and we'd be over our 50 limit."

Johnson

"Okay, just want to make sure the Sponsors had no objections."

Speaker McPike

"Hearing no objections, leave is granted, and the Attendance Roll Call will be used, and the Motion carries. Representative Bowman." 53 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Bowman

"Thank you, Mr. Speaker. Anticipating that we will, at some point, soon return to the Order of Second Reading, I would like to have leave of the House to take a Bill of mine from Third back to Second. I don't want to act on it today, just want to put it in the posture so we can amend it the next time we go to Second Reading. It's House Bill 459. I move that we return it to the Order of Second Reading."

Speaker McPike

"The Gentleman asks leave to return House Bill 459 to the Order of Second Reading. Are there any objections? Hearing no objections, leave is granted. 459 will appear on the Order of Second Reading."

Bowman

"And I have an announcement later when you go to that Order of Business."

Speaker McPike

"Announcements. Representative Bowman."

Bowman

"Thank you. Announcement for the Democratic Members of the Appropriations II Committee. I just want to remind them that we will be meeting in my office tonight at six o'clock following the Committee hearings for a briefing session. Thank you."

Speaker McPike

"Representative Saltsman on announcements."

Saltsman

"Subcommittee on Pensions will meet immediately following adjournment, room K-3, Stratton Building."

Speaker McPike

"Representative Wolf."

Wolf

"Thank you, Mr. Speaker. There will be a meeting of the Personnel and Pensions Committee in room C-1 at four o'clock. Please, all Members be prompt so that we can get started on those Bills."

Speaker McPike

"Representative Taylor."

Taylor

"The Committee on Election will meet promptly at adjournment, and I would hope that every Member be there, because I will not horse around this afternoon. We've got a lot of Bills to get rid of. Thank you." 54 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Speaker McPike

"Representative Huff."

Huff

"Yes, Mr. Speaker, before you went and changed the Order of Call, I wish to request suspending the appropriate rule on posting so that House Bill 2278 can be heard before the Select Committee on School District Reorganization tomorrow morning."

Speaker McPike

"What was the Bill number?"

Huff

"2278."

Speaker McPike

"The Gentleman asks leave to use the Attendance Roll Call, to waive the posting requirements so that House Bill 2278 can be heard tomorrow. Is there any objection? Hearing no objection, Representative Vinson."

Vinson

"I object."

Speaker McPike

"There are objections. Representative Van Duyne."

Van Duyne

"Thank you, Mr. Speaker. I just want to tell the Environment Committee that we now meet at four o'clock in room 122-B, promptly at four o'clock."

Speaker McPike

"Representative Friedrich."

Friedrich

"Mr. Speaker, I think you called for Bills to be moved back to Second Reading and somehow I missed that. I was distracted there. Is that still possible?"

Speaker McPike

"Yes, proceed."

Friedrich

"House Bill 506, and Representative Keane has an Amendment."

Speaker McPike

"The Gentleman asks leave to return House Bill 506 to the Order of Second Reading. Are there any objections? Hearing no objections, leave is granted. House Bill 506 will appear on the Calendar on the Order of Second Reading. Representative McGann."

McGann

"Yes, Mr. Speaker. House Bill 387 is on Third Reading. I'd like to have it moved back to Second Reading for to place an Amendment." 55 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Speaker McPike

"The Gentleman asks leave to return House Bill 387 to the Order of Second Reading. Are there any objections? Hearing no objections, leave is granted. House Bill 387 will appear on the Calendar on the Order of Second Reading."

McGann

"Thank you, Mr. Speaker."

Speaker McPike

"Representative Friedrich, did you have an additional point?"

Friedrich

"I thought we were going to consider the Amendment."

Speaker McPike

"No, we are finished. We are trying to adjourn. Representative Ewing."

Ewing

"I would request that House Bill 754 be placed on Second Reading - it's on Third now - for the purpose of an Amendment."

Speaker McPike

"The Gentleman asks leave to return House Bill 754 to the Order of Second Reading. Are there any objections? Hearing no objections, leave is granted. House Bill 754 will appear on the Calendar on the Order of Second Reading. Representative Pullen."

Pullen

"Thank you, Mr. Speaker. I ask leave to table House Bill 2140. I am the only Sponsor."

Speaker McPike

"The Lady asks leave to table House Bill 2140. Are there any objections? Hearing no objections, leave is granted. The Bill is tabled. Representative DiPrima."

DiPrima

"Yes, Mr. Speaker, I want to alert the Members of the Select Committee on Veterans' Affairs that we're meeting at 11:30 tomorrow morning, and I guarantee you, you'll be out of there with expedition. Believe me, 15 minutes."

Speaker McPike

"Representative Krska."

Krska

"Mr. Speaker, I'd like to have leave to bring back to Second Reading House Bill 637 for an Amendment."

Speaker McPike

"The Gentleman asks leave to return House Bill 637 to the Order of Second Reading. Is there any 56 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 objection? Hearing no objection, House Bill 637 will appear on the Calendar on the Order of Second Reading. Representative Mautino."

Mautino

"Thank you, Mr. Speaker. I, too, would like leave to take House Bill 771 from Third Reading back to Second Reading for the purposes of an Amendment."

Speaker McPike

"The Gentleman asks leave to return House Bill 771 to the Order of Second Reading. Are there any objections? Hearing no objections, leave is granted. House Bill 771 will be placed on the Calendar on the Order of Second Reading. Representative Brummer."

Brummer

"Yes, Mr. Speaker, I am the Chief Sponsor of House Bill 1335. I would like leave to place that On Interim Study Calendar."

Speaker McPike

"The Gentleman asks leave to use the Attendance Roll Call to place House Bill 1335 on Interim Study Calendar. Is there any objection? Hearing no objection, leave is granted. The Bill will be placed in Interim Study. Any further announcements? Agreed Resolutions."

O'Brien

"House Resolution...House Joint Resolution 34, Topinka; House Joint Resolution 35, DiPrima - et al; House Resolution 189, Yourell; 200, Barnes - Didrickson; 201, Didrickson and Barnes; 202, Tuerk; 203, Currie; 205, Mays; 206, DiPrima - et al; 207, Matijevich - et al; 208, William Peterson; and 209, William Peterson."

Speaker McPike

"Representative Matijevich on the Agreed Resolutions."

Matijevich

"By the way, can the Clerk bring the House Joint 34? I don't have that."

O'Brien

"I'm sorry. That's a Death Resolution. It shouldn't be included."

Matijevich

"Oh, I'm sorry. And I don't have 208. I have 2 - 209s, but could he bring 208 here? House Resolution 200 57 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Cullerton

"Thank you, Mr. Speaker. I move that we adjourn till tomorrow at the hour of 12 noon, allowing the Clerk...there's no time necessary for perfunct? Move that we adjourn until the hour of 12 noon tomorrow."

Speaker McPike

"The Gentleman has moved that the House stands adjourned until tomorrow at the hour of 12 noon. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it, and the House is adjourned." 59 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983 commends Ralph Sellman, an Orland Park trustee. House Resolution 201 congratulates William Stroh on his retirement. House Resolution 202 congratulates Mark Townsend on his retirement from Cilco. House Resolution 203 congratulates Dr. Friedell on his 70th birthday. House Resolution 204 congratulates the Rushville Rockets basketball team, the girls' team. House Resolution 205 congratulates Marv Smith and the Quincy Notre Dame High School team. House Resolution 207 (sic - 206), DiPrima, congratulates Brian Burns, an Eagle Scout. House Resolution 207 congratulates Dr. Jules Altenberg. House Resolution 208 congratulates...I'm sorry. The Village of Kildeer on its 25th anniversary. House Resolution 209 congratulates Hawthorn Woods on its 25th anniversary. House Resolution...House Joint Resolution 35 asks Congress to take a favorable position on reimbursement for veterans' home facilities. I move the adoption of the Agreed Resolutions."

Speaker McPike

"The Gentleman has moved the adoption of the Agreed Resolutions. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it, and the Agreed Resolutions are adopted. Death Resolution."

O'Brien

"House Joint Resolution 34, Representative Topinka - et al, with respect to the memory of John F. Kimbark, Cicero Township Republican Committeeman."

Speaker McPike

"Representative Matijevich moves the adoption of the Death Resolution. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it, and the Resolution is adopted. Representative Younge on an announcement. Representative Younge."

Younge

"Thank you, Mr. Speaker. The Urban Redevelopment Select Committee will meet at six p.m. today in room D-1."

Speaker McPike

"Representative Cullerton on the adjournment." 58 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day April 27, 1983

Cullerton

"Thank you, Mr. Speaker. I move that we adjourn till tomorrow at the hour of 12 noon, allowing the Clerk...there's no time necessary for perfunct? Move that we adjourn until the hour of 12 noon tomorrow."

Speaker McPike

"The Gentleman has moved that the House stands adjourned until tomorrow at the hour of 12 noon. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it, and the House is adjourned." 59 07/26/83 STATE OF ILLINOIS 09:03 83RD GENERAL ASSEMBLY PAGE 1 HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 27, 1983 HB-0195 THIRD READING PAGE 9 HB-0203 THIRD READING PAGE 4 HB-0226 THIRD READING PAGE 35 HB-0269 OTHER PAGE 53 HB-0295 THIRD READING PAGE 44 HB-0300 THIRD READING PAGE 44 HB-0347 THIRD READING PAGE 45 HB-0387 RECALLED PAGE 55 HB-0440 THIRD READING PAGE 51 HB-0459 RECALLED PAGE 54 HB-0506 RECALLED PAGE 55 HB-0534 OTHER PAGE 53 HB-0576 THIRD READING PAGE 51 HB-0637 RECALLED PAGE 56 HB-0714 THIRD READING PAGE 51 HB-0734 OTHER PAGE 53 HB-0750 THIRD READING PAGE 51 HB-0754 RECALLED PAGE 56 HB-0771 RECALLED PAGE 57 HB-0772 THIRD READING PAGE 52 HB-0778 OTHER PAGE 53 HB-0779 OTHER PAGE 53 HB-0780 OTHER PAGE 53 HB-0800 OTHER PAGE 32 HB-0803 THIRD READING PAGE 52 HB-0810 THIRD READING PAGE 52 HB-0818 THIRD READING PAGE 52 HB-0870 THIRD READING PAGE 52 HB-0910 TABLED PAGE 33 HB-0935 THIRD READING PAGE 52 HB-0988 THIRD READING PAGE 52 HB-0997 THIRD READING PAGE 52 HB-0999 THIRD READING PAGE 52 HB-1038 THIRD READING PAGE 52 HB-1140 OTHER PAGE 33 HB-1219 OTHER PAGE 32 HB-1291 TABLED PAGE 4 HB-1335 OTHER PAGE 57 HB-2089 TABLED PAGE 32 HB-2140 TABLED PAGE 56 SB-0406 MOTION PAGE 52 HR-0204 ADOPTED PAGE 31 SUBJECT MATTER HOUSE TO ORDER - SPEAKER MCPIKE PAGE 1 PRAYER - REVEREND RICHARD MAYE PAGE 1 PLEDGE OF ALLEGIANCE PAGE 2 ROLL CALL FOR ATTENDANCE PAGE 2 COMMITTEE REPORTS PAGE 2 REPRESENTATIVE BRAUN IN CHAIR PAGE 33 TURNER SWORN IN PAGE 33 SPEAKER MCPIKE IN CHAIR PAGE 35 AGREED RESOLUTIONS PAGE 57 DEATH RESOLUTIONS PAGE 58 ADJOURNMENT PAGE 59