"The House will come to order. The House will come to order. The Members will be in their seats. The Chaplain for today will be the Reverend James Newman, Pastor of Christ the King Catholic Church of Springfield. Reverend Newman is a guest of Representative Mike Curran. Will the guests in the balcony please rise to join us in prayer?"
"Heavenly Father, Creator of all things, we pray for Your presence among us as we begin this Session. As in the Old Testament, You chose people to assist Your chosen people to freedom and fulfillment. Give to us, we beseech You, the wisdom needed to know what is best for Your people today. Give us, also, the courage to always stand firm for what is just, never leaving ourselves open to the possibility of being swayed and unconscious and to part... part... partiality. We do this placing ourselves in Your hands for You know what is best for our country and state. Amen."
"We will be led in the Pledge... Pledge of Allegiance by Representative Ropp."
"I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. 117 Members answering the Roll Call, a quorum is present. Representative Greiman, do you have any excused absences?"
"Yes, Mr. Speaker, Ray... Representative Raymond Christensen is absent by reason of illness, and the record should so reflect. His key has been removed."
"Thank you. Representative Vinson. Introduction and First Reading." 1 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"House Bill 2293, a Bill for an Act making an appropriation to the Department of Mental Health and Developmental Disabilities. First Reading of the Bill. Representative Yourell is the Sponsor."
"If we could have your attention just for a minute, I would like to introduce to you Mr. Jeff Soukup, a Lake Park High School Student from Medinah. Jeff has been elected by participants in the YMCA's Illinois Youth in Government Program as the 1983 Illinois Youth Governor. We would like to welcome Jeff to Springfield, and he would like to address the Body for a few seconds. Jeff."
"Thank you. Mr. Speaker, distinguished Representatives and Honored Guests, recently I was elected to serve as Youth Governor in a program called Youth in Government. On the weekend of March 18th, 19th, and 20th nearly 850 high school students pratically overtook these chambers. The students in this Program have asked me on their behalf to thank you for allowing them to use these chambers. Youth in Government provides the students with a realistic view of State Government in action. Through this Program, the students may act as Legislators, writing and researching Bills; as members of the court system, hearing and arguing judicial cases; as lobbyists, influencing voting on issues; or finally, as press corps members, writing and researching stories to inform the public. Youth in Government lets the student go beyond the theoretical views of State Government. The student gets to see the vast importance of Committee action on Bills, gets to see the influence of lobbyists and pressure groups and their effect on the direction of public policy. And they even get to see the tedium of state politics. Youth in Government has many spinoffs. What the student is able to do is learn about State Government and they apply this 2 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 knowledge in practical ways. Many students go back and run for student council office back in school, and they use their knowledge of parliamentary procedure in meetings and organizations. Beyond these simple ramifications, I feel that the most important spinoffs of Youth in Government are a greater political awareness and involvement. With so many 18 to 25 year olds not bothering to vote, or even registered to vote, I feel that our Program is of special importance. When people are unsure or confused, they fail to act. This is the case of politics. Because so many people don't understand politics; therefore, they don't act. They don't get involved in politics. Youth in Government provides a student with a working knowledge and, thereby, helps to fight voter apathy. Students remain informed on the issues; and, thereby, they become better citizens. Many continue with their interest in politics on to the municipal and state levels, including Senator Zito, who was a Member of this Chamber last year, and John Daniels, excuse me, who both were past Youth Governor's. As Governor, my duties included reviewing Bills, and then I had the opportunity to either sign them or veto them. What I would like to do is present to you the passed Bills through my representatives in our high school district so that you can consider these Bills on their merit. Members of the House and Speaker Madigan, thank you very much, once again, for allowing me to speak to you today."
"Representative Hoffman."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. We in DuPage County are proud of Jeff and his accomplishment. We have a history in DuPage County of... of participation in the Youth in Government Program and have had a number of Governors from DuPage County in the past. And from what I heard this morning, 3 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Jeff is a continuation of that line of fine, outstanding young people, who we want to encourage to participate in government. I personally am pleased he doesn't live in my district. He looks like a potential threat to me. I'm glad that he's with Kay Wojcik and, of course, Senator Phillip is his... his Senator, and I know he will look forward to talking with him particularly after last evening. So, Jeff, welcome to Springfield. Congratulations, Jeff, on your accomplishments and all of our best wishes to you in all your future endeavors."
"Page nine of the Calendar, House Bills Second Reading next Bill appears House Bill 1897, Representative Ewing. Read the Bill, Mr. Clerk."
"House Bill 1897, a Bill for an Act to amend Sections of the Revenue Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 1898, Representative McCracken. Do you wish to have your Bill called, Sir? Representative McCracken here? Cut of the record. House Bill 1914, Representative McAuliffe. Representative McAuliffe on the floor? Out of the record. House Bill 1923, Representative Zwick. Do you wish to have your Bill called? Read the Bill, Mr. Clerk."
"House Bill 1923, a Bill for an Act to amend Sections of the Lobbyist Registration Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 1928, Representative Woodyard. Read the Bill, Mr. Clerk."
"House Bill 1928, a Bill for an Act to amend 4 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Sections of the Illinois Fertilizer Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 1936, Representative Hawkinson. Read the Bill, Mr. Clerk."
"House Bill 1936, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Zwick, amends House Bill 1936..."
"The Lady from Kane, Representative Zwick. Amendment #1."
"Thank... Thank you, Mr. Speaker, Members of the House. Amendment #1 to House Bill 1936 would extend the life of the Chicago School Finance Authority. I'm sorry. It would extend the reporting... it would... No, don't take it out of the record. It would extend the three years that must be reported right now into six years. The Chicago schools right now must have... must report their three year plan to the Chicago School Finance Authority. A report recently came out suggesting that at this point, since it expires in 1984, that we extend it for another three years just so that some of that legislation that we created when the school crisis happened to oversee that Chicago schools would be in place for an additional three years. And I would recom... I would ask for your support on this Amendment and be glad to answer any questions."
"The Lady moves for the adoption of Amendment #1. On that question, the Gentleman from Cook, Representative Levin."
"Would the Sponsor yield for a question?" 5 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"She will."
"Yes."
"Would the effect of this Amendment be to extend the life of the School Finance Authority in any way, shape, or form?"
"No, I'm sorry. It would not. It simply deals with the report to show that one... that they have a balanced budget."
"Does this extend... I repeat the question, does this ex... Does that have the effect of extending the life of the School Finance Authority?"
"No, that automatically happens under the current statutes. This simply deals with the report, with the three year plan."
"Well, what... what... You know, what... Under the present law, what would bring to the end the existence of the School Finance Authority? Wouldn't that be three years of balanced budgets?"
"No, the School Finance Authority will remain into effect... in effect under the current statutes until the year 2,000... to pay off the... in order to pay off the bonds."
"Yeah, but this... but it may remain in effect, but it would not have the kind of powers it does now over the school board. Why don't you take it out of the record right now, and you know, we can look at it a little a bit more, because this may be a very major change in the law."
"Well, I would rather not take it out of the record. We're getting very late, and... and this may be my last opportunity to deal with it. It... it just maintains the status quo. It really doesn't change anything that's in existence now."
"What it does right... my understanding of what your 6 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Amendment does, is rather than the School Finance Authority, and I'm not saying this is good or bad, I'm just saying that, you know, we're not really in a position right now... we're having a very informed debate on it, what could be a major issue. Rather than the School Finance Authority having control of the budgets of the Chicago Board of Education for three years, it would have control for six years under your Amendment. And not that it's good or bad..."
"No, it's..."
"... I'm just saying that, you know, it is a major change, and to do it at 9:00 in the morning with half the Members absent, as a technical change, I suggest it is not a technical change."
"Well, it does simply maintain the status quo. Under the present system, they still would have to approve the budget. They simply would no longer have to submit the three year plan. They... The School Finance Authority would still have to approve the budget, even without this Bill."
"But, what I'm suggesting is I think..."
"Excuse me, Representative Levin, could we cut short this dialogue and address this Amendment?"
"Yeah, I would, at this point, since... without knowing what the real implications of this Amendment are, and it may, you know, it be very innocuous. It may not be. I don't think it is. But, you know, it may have a significant effect in terms of the School Finance Authority. And, you know, I would suggest at this point, if the woman... if the Sponsor wants to go ahead with this, that we vote it down. We have an opportunity later to review it and to... to offer it again if... My preference would be if she would take it out of the record." 7 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Well, Representative Levin, the major thrust of this organ... of this proposal is simply to say that we would like to have a balanced budget. We would like to have someone check and make sure there's a balanced budget for six years instead of just the three years. I don't think it's a terribly controversial proposal. I would think that it would probably be something acceptable to both sides of this aisle that we would look up with favor. I would rather not pull it out of the record. We could certainly debate this on Third Reading, and I would simply ask for a favorable Roll Call."
"If I may address the Amendment, Mr. Speaker."
"Proceed."
"I would urge a vote against this Amendment at this point. It is not an Amendment that has been supported by... my understanding is it's not supported by the State Board of Education. It is not an Amendment which has been requested by, you know, any of the groups that are involved in education. You know, we don't know what the future of education is going to be. You know, we're not going to know probably for another couple months; and, to just willy-nilly be offering Amendments that will radically change the compromise that was reached back in 1979, I don't think that we should be doing that at this point and in this manner. It may be a good idea down the road. It may not; but, at this point, I would urge a 'no' vote on this Amendment."
"Representative Cullerton on the Amendment."
"All right. Would the Sponsor yield?"
"She will."
"Representative Zwick, just so that it's clear in my mind and just so I understand what you intend to do here, in reading the current law, it appears that the School 8 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Finance Authority automatically terminates after they have completed three successive fiscal years of balanced budgets. Is that your understanding of the current law?"
"No, my understanding of the current law is that they must remain in existence as long as there are outstanding bonds. The only thing that I believe would expire is the three year plan that must be submitted to show that there are balanced budgets for the next three years, so that all this would do... that... That will expire if we do not do something to simply continue that oversight function that the Chicago School Finance Authority currently has. I think that it would be a mistake to let these requirements lapse. So all this does is really continue the status quo. And they will... their life... The life of the Chicago School Finance Authority will not expire as long as there are bonds."
"Thank you. I have no further questions."
"Representative Huff."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She will."
"Representative Zwick, I'm under the impression, too, that the tenure of the Finance Authority was limited to a three year balance. However, it's been my observation that in the last two years of their existence, while they have postured with the Board of Education and the unions, they have, in fact, arrived at no balanced budget. This has been the observation of the Chicago School Study Commission that's been looking at the possibility of making some radical changes in the schools' structure in Chicago. However, I would have no objections to extending their reporting period for whatever length of time that your Amendment calls for; because, if we are successful in bringing about a new educational system in Chicago, that 9 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 authority may well go to an elected school board. So, I... I'm not against the Amendment. I just wanted to make that observation - the possibility that the school system may, in fact, change. And also, my... I express my opinion that the Finance Authority has been woefully deficient in its number one obligation to main... maintain a balanced budget. They have not done that; because, if you will remember, they went behind closed doors, and then they came out and said they had a balanced budget, but they refused to say where... where they had made those cuts to balance the budget. So all of that's a lot of posturing that's going on, and that's what's leading to the dilemma that we find ourselves in Chicago. Remember, we had... we now looking at a two million, three million dollar deficit, much of which I believe eminated from that phony balanced budget that they proclaimed they had last September."
"The Gentleman from Will, Representative Davis, on the Amendment."
"Oh, I'm just going to move the previous question, Mr. Speaker."
"I don't think that's necessary. There's no one else seeking re... recognition. The Lady from Kane to close, Representative Zwick."
"Thank you very much. I... It... it... I would simply ask for your favorable vote on this. I think that nothing really monumental has happened since this original legislation went into effect, and I see no reason to simply let it lapse at this point. What we're having is apparently helping a little bit at least to create some oversight so that we know what's going on, so that we... we have some oversight as far as balanced budgets go. And if we allow it to expire, we will lose that. I would simply recommend that we continue this oversight function for 10 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 another three years, as far as balanced budgets go, and I would request your favorable votes."
"The Lady has moved for the adoption of Amendment #1. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1938, Representative Topinka. Read the Bill, Mr. Clerk."
"House Bill 1938, a Bill for an Act to amend the State Employees Group Insurance Act. Second Reading of the Bill."
"Could we take this out of the record for just a minute and get right back to it? Just a few minutes, okay? Thank you. House Bill 1948, Representative Pedersen. Read the Bill, Mr. Clerk."
"House Bill 1948, a Bill for an Act to amend Sections of the Revenue Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Representative Cullerton."
"Mr. Speaker, Representative Pedersen told me that he was going to hold this Bill for an Amendment. Do you understand? Do you recall that conversation? Yes. Thank you."
"Is that correct Representative Pedersen? Out of the record. House Bill 1949, Representative McAuliffe. Representative McAuliffe on the floor? Out of the record. House Bill 1950, Representative Birkinbine. Read the Bill, Mr. Clerk."
"House Bill 1950, a Bill for an Act in relation to insurance and amending the Illinois Insurance Code. Second 11 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, Birkinbine, amends House Bill 1950 on page one, line six by inserting '804' after '802'."
"Representative Birkinbine."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #2 is a purely technical number change proposed by the LRB."
"The Gentleman moves for the adoption of Amendment #2. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1973, Representative Piel. Read the Bill, Mr. Clerk."
"House Bill 1973, a Bill for an Act to amend Sections of the Illinois Credit Union Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. We will now return to House Bill 1938, Representative Topinka."
"House Bill 1938. This Bill has been read a second time. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"No Floor Amendments. There's a request for a fiscal note. The Bill will be held on Second Reading. At 12 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 the request of the Sponsor, House Bill 1983, '84, '85, '86, '87, '88, '89, 1990, '91, '92, '93, '94, '95, '96, '97, 1998 will be taken out of the record. House Bill 2002, Representative Homer. Representative Homer on the floor? Out of the record. Representative DeJaegher, are you a hyphenated Sponsor of that Bill? Would you like to have the Bill called?"
"Yes, Sir."
"Read the Bill, Mr. Clerk."
"House Bill 2002, a Bill for an Act to amend Sections of the Coin-Operated Amusement Device Tax Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, Homer, amends House Bill 2002 on page one in line twelve by deleting '$25.00'."
"Representative DeJaegher on the Amendment."
"Mr. Speaker, what I'd like to do is ask leave of the House to dispense with Amendment #1 and respond to Amendment #2."
"Amendment #1 was adopted in Committee."
"Yes."
"Mr. Clerk, was Amendment #1 adopted in Committee?
"Amendment 1 was adopted in Committee."
"The Gentleman moves to table Amendment #1. Is there any discussion? Being no discussion, the question is, 'Shall his Motion pass?'. All those in favor say 'aye', opposed 'no'. The 'ayes' have it. The Amendment's tabled. Now on Amendment #2, Representative DeJaegher."
"What Amendment #2 does is clarify the language 13 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 pertaining to the fees that would be involved in this particular Amendment. And what I'd like to do is ask leave of the House that this Amendment do pass and that we could debate this Amendment on its Third Reading, if this is permissible."
"The Gentleman moves for the adoption of Amendment #2. Is there any discussion? Being no discussion, the question is, 'Shall Amendment #2 be adopted?'. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. The Gentleman from Perry, Representative Dunn, for what reason do you rise?"
"Thank... thank you, Mr. Speaker, Members of the House. I thought maybe for an early morning start this morning we ought to meet a distinguished guest we have on the House floor here with me, former Parliamentarian 'Anne Lucine', who's a professor in the John Marshall Law School and Chairman of the Civil Service Commission. I want to welcome 'Anne'. Thank you."
"House Bill 2003, Representative McGann. Read the Bill, Mr. Clerk."
"House Bill 2003, a Bill for an Act to amend Sections of the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 2006, Representative Giorgi. Representative Giorgi. Out of the record. House Bill 2009, Representative Cullerton. Read the Bill, Mr. Clerk."
"House Bill 2009, a Bill for an Act to amend 14 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Sections of the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 2010. At the request of the Sponsor, out of the record. House Bill 2012, Representative Preston. Out of the record. House Bill 2013, Representative Yourell. Read the Bill, Mr. Clerk."
"House Bill 2013, a Bill for an Act to amend Sections of the Election Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 2014, Representative Yourell. Read the Bill, Mr. Clerk."
"House Bill 2014, a Bill for an Act to amend Sections of the Election Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2019, Representative Greiman. Read the Bill, Mr. Clerk."
"House Bill 2019, a Bill for an Act to amend Sections of an Act in relation to utility services. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Greiman, amends House Bill 2019 on page three in line nine and ten."
"The Gentleman from Cook, Representative Greiman."
"Thank you, Mr. Speaker. This Amendment was... Part of 15 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 this Amendment was offered by the Legislative Reference Bureau to clear up some of the... some drafting ambiguities. It also reduces the applicability of the Bill from three units to two units of housing units. And that's what it does."
"The Gentleman moves for the adoption of Amendment #1. On that question, the Gentleman from Cook, Representative Piel."
"Could the Gentleman explain the Amendment one more time? You know, we couldn't hear him very well."
"Well, what it basically does in lines nine through..."
"You started out by saying that this is bipartisan. Is that correct? Proposed by the LRB?"
"That's what I said. Yes. That's correct. That's right."
"Who's... who's... who's... you say it's bipartisan. Who is..."
"I didn't say that it was bipartisan."
"Oh, okay. That's the reason I asked the question. You said, 'Yes'."
"I didn't say that it was bipartisan. I said this Amendment was suggested... the latter part of the lines in this Amendment were suggested by the NL... by the LRB to correct... to correct drafting problems, and I take it as nonsubstantive. I said that there is a change in the application of the Act which is substantive from three units to two units and also from five day notice to thirty... from thirty day to five. That's another change, so that those are the two substantive changes, not very significant changes, and the other is a drafting change suggested by the... by the LRB."
"What exactly do you mean on here where you're saying where they're receiving the free legal assistance? Now is this 16 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 through the... the... like the county legal assistance or is this through the... the utility company? Are you talking about specific utility areas?"
"That's what it is. Yes. That's right. Yes."
"That's right. You didn't answer my question."
"What it says, yeah. It says, 'May obtain free legal assistance'. Yes."
"From who?"
"Wherever they can find it."
"That doesn't answer it too well, Alan. Don't laugh. Now I'm just asking you a question. Are you saying they're supposed to receive..."
"Well, you're... you're going to badger..."
"... free legal assistance, but who are they supposed to receive it from? The utility company? You're talking about the utility companies. Now are they supposed to be receiving it from the utility companies, from the county, or from whom? ... read the Amendment and just answer the question."
"Oh, thank you very much, Mr. Piel. I appreciate that. Thanks a lot. What they have to give them is the name and the telephone number of legal service agencies. They don't have to provide the legal services. For example, they would have to give them the name of Legal Assistance Foundation. They would have to give them the name of Legal Aid and the phone number of Legal Aid. The utility is not required to provide them with legal service. They may be required to provide them with the name of... of people who serve as... community service organizations. In Chicago, in the northwest side, El Centro for example, Hull House is Chicago, dozens of places that provide tenant assistance. That's the obligation. It is not to provide legal services. And I hope this answer has been responsive; and, 17 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 if I was not responsive, it was because I had not carefully enough read the Bill, and I apologize to you, Sir."
"Thank you very much."
"Thank you."
"The Gentleman from DeWitt, Representative Vinson, on the Amendment."
"Yes, I wonder if the Gentleman would yield for a question."
"Yes, he will."
"Representative, as I understand the Bill, you would require the utility to place the tenant on notice as to where he could obtain free legal service. Is that correct? And my question is, if I'm correct in that, how does the utility ever know whether he can, because isn't there an income test applied to whether or not you can get those services?"
"For some of them, there might be, but I think that they can give them a list of...of agencies. We do this in a lot of situations where police, for example, have to give the names of social service agencies to people who have certain problems. I think that they'd still have to meet the test, but that where free services or such services are, in fact, available, they may not be available for these people, but they are available."
"No further questions."
"The Gentleman from Champaign, Representative Johnson."
"I'm... I'm being redundant here to some extent, Al. So, forgive me."
"I'm used to it."
"Pardon me?"
"I'm used... I'm used to everybody jumping on me. Don't worry about it." 18 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"When... Under what preconditions would it be necessary for a utility company to provide this list of free legal counsel? Always, or when?"
"No. It's... It relates to the Act itself. It fits into the Act..."
"That's what I'm asking."
"Yeah, it doesn't... I mean you don't have to... Utility companies are not responsible for providing legal service directory to all of its customers; but, to those situations where they're turning off the... the electricity in tenant's apartment because the landlord hasn't paid his... his... his utility bills, those are the situations. We... Several years ago we passed this Act which gives tenants the right to go in an get receiverships and what not, and this is... this makes it a little easier to do without all the legal formalities and gives the... It's better for the utility company, and it's better for the tenants as well."
"I know Representative Vinson asked this but, why... I mean, I would presume that in any of these cases, particularly where it's a landlord failure to pay, the percentage of tenants who'd be covered by legal aid would be small. Why not just give them... require to give them the Yellow Pages for the area for attorneys generally? Because it seems to me that to some extent, you're cutting of the right to knowledge about legal services of about ninety percent of the people who'd be covered."
"You want to make this a lawyers' Bill. No. I think that you generally find, Tim, that where this happens is... is in places where the people are rather impoverished. You don't generally find the landlord in the Carlyle on Lakeshore Drive cutting off his utility bills. You generally find it in the toughest, the worst places, the worst part of our housing stock in large urban areas. And 19 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 those people, you know, don't... We have complex questions of receivership that individual lawyers probably don't want to get into over a utility bill. I don't think that you would exactly turn hand springs if somebody came in and wanted to proceed on this Section."
"You're right about that. Thank you."
"I thought I would be."
"The Gentleman moves for the passage or the adoption of Amendment #1. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Representative Giorgi has returned to the floor, and we will return and pick up House Bill 2006. Read the Bill, Mr. Clerk."
"House Bill 2006, a Bill for an Act to amend the Metropolitan Civic Center Support Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 2023, Representative Curran. Read the Bill, Mr. Clerk."
"House Bill 2023, a Bill for an Act to provide for the authorization of terminally ill persons of discontinuance of medical procedures to provide for the authorization. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Curran, amends House Bill 2023..."
"The Gentleman from Sangamon, Representative Curran."
"Mr. Speaker, Ladies and Gentleman, Floor Amendment #1 20 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 does some technical corrections and...given to me by the House Democratic Staff and allows a minor, who is emancipated, to make a living will, but takes other minors below 18 out. It also directs the Section which provides for the execution of a living will for a terminally ill minor."
"The Gentleman moves for the adoption of Amendment #1. Is there any discussion? There being none, the question is, 'Shall Amendment #1 be adopted?'. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2025, Representative Stuffle. Representative Stuffle here? Out of the record. House Bill 2030, Representative McGann. Read the Bill, Mr. Clerk."
"House Bill 2030, a Bill for an Act to amend Sections of the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 2031, Representative Bullock. Read the Bill, Mr. Clerk."
"House Bill 2031, a Bill for an Act in relation to the infant mortality and to provide grants in relation thereto. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Bullock."
"The Gentleman from Cook, Representative Bullock."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the 21 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 House. Amendment #1 to House Bill 2031 is intended to clarify some language as it relates to determining the funding for attacking infant mortality rate in this state. This Amendment in essence says that counties whose infant mortality rate are above the median and reported in infant deaths shall be ranked from the highest to the lowest and that the actual number of reported infant deaths will be considered. This is basically to clarify the Section 5(b) of the Bill, and I know of no opposition to it and would urge its adoption."
"The Gentleman moves for the adoption of Amendment #1. Is there any discussion? Being none, the question is, 'Shall Amendment #1 be adopted?'. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2033, Representative Doyle. Wish to have your Bill called, Sir? Read the Bill, Mr. Clerk."
"House Bill 2033, a Bill for an Act to create the State Corporation for Innovation Development and authorize income tax credits for investments therein. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"No Floor Amendments."
"No Floor Amendments. A fiscal note has been requested. The Bill will remain on Second Reading. House Bill 2035, Representative Slape. Read the Bill, Mr. Clerk."
"House Bill 2035, a Bill for an Act to permit employees to review personnel records. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?" 22 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"None."
"Third Reading. House Bill 2040, Representative Younge. Out of the record. House Bill 2041. Read the Bill, Mr. Clerk."
"House Bill 2041, a Bill for an Act relating to banking. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Floor Amendments?"
"No Motions relating to..."
"I'm sorry. Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, McPike, amends House Bill 2041 on page one in line four and so forth."
"Representative Cullerton on Amendment #2."
"Yes, thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #2 would allow banks to invest in participation certificates, which represent an investment in securities currently allowed by statute. I'd ask for the adoption of Amendment #2."
"The Gentleman has moved for the adoption of Amendment #2. Representative Vinson on the Amendment."
"Will the Gentleman yield for a question?"
"He will."
"On the Amendment in lines 19, 20, and 21, could you explain the phrase 'that invest in securities that a bank could invest in directly'? What's that second clause mean?"
"You mean the line that says, 'that invest in securities that a bank could invest in directly'? Is your question about the language after the comma on line 19?"
"Yes."
"Well, the intent is to statutorily provide specific 23 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 language permitting banks to invest in money market funds. That's the first part. The additional language in this Amendment is offered to confine the investments to government money market funds, excluding investment in private money market funds."
"I don't... Mr. Speaker."
"The Gentleman moves for the adoption... Amendment #2. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment's adopted. Further Amendments?"
"No further Amendments."
"Third Reading. The Gentleman from DeWitt, Representative Vinson, for what reason do you rise? Nothing. The Gentleman rises for nothing. House Bill 2047, Representative Hensel. Read the Bill, Mr. Clerk."
"House Bill 2047, a Bill for an Act to amend Sections of the Election Code. Second Reading of the Bill. No Committee Amendments."
"Any Committee Amendments? Any Floor Amendments?"
"No Floor Amendments."
"The Gentleman from DuPage, Representative Hensel."
"Mr. Speaker, I would like this Bill taken out of the record pending an Amendment that's being drafted."
"Fine. Thank you. Out of the record. House Bill 2055, Representative McAuliffe. Out of the record. House Bill 2056, Representative McAuliffe. Out of the record. House Bill 2064, Representative McAuliffe. Out of the record. House Bill 2072. Representative Nelson, if you could wait just a minute. Representative Reilly, are you ready? If we could have your attention just a minute, Representative Reilly would like to make an introduction." 24 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Thank you, Mr. Speaker. We have here the three youngsters who've won the 1983 Nutrition Council Poster Contest for this year. We have 'Shawn' Cunningham from Carlyle, 'Shawn', represented by Dwight Frederick. I guess he's not here. We have 'Marianne Lober' from Normal, represented by Representatives Ropp, and... and Ewing. Lexington. She's from Lexington. I'm sorry. And 'Jody Schmidt', represented by Representative Tate. 'Jody'. Thank you very much."
"The Gentleman from Cook, Representative Brookins, are you seeking recognition?"
"Yes, Mr. Speaker, I'd like to take this opportunity, if you will, to introduce some guests which I have here with me. I have the Reverend Paul Evans from the New Covenant Bible Church. I also have the Reverend George 'Beddic' from the Blackwell AME Zion Church, and I have the Reverend Eugene L. Gibson from Mission of Faith Baptist Church and the moderator of the Chicago Southern Baptist Association in the gallery to the rear. Won't you stand for me, Reverend?"
"On the Order of Second Reading appears... appears House Bill 2072, Representative Nelson. Read the Bill, Mr. Clerk."
"House Bill 2072, a Bill for an Act to amend an Act concerning public utilities. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 2081, Representative Ropp. Read the Bill, Mr. Clerk."
"House Bill 2081, a Bill for an Act to amend Sections of the Structural Pest Control Act. Second Reading of the Bill. No Committee Amendments." 25 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIFTION DEBATE 48th Legislative Day May 19, 1983
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 2083, Representative Oblinger. Read the Bill, Mr. Clerk."
"House Bill 2083, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 2092, Representative Hastert. Read the Bill, Mr. Clerk."
"House Bill 2092, a Bill for an Act to amend the Illinois Income Tax Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 2094, Representative Nelson. Out of the record. House Bill 2102, Representative Hastert. Read the Bill, Mr. Clerk."
"House Bill 2102, a Bill for an Act to amend an Act regarding the service use and service occupation taxes. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. House Bill 2103, Representative Hastert. Read the Bill, Mr. Clerk."
"House Bill 2103, a Bill for an Act to amend the Illinois Income Tax Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Bowman, amends House Bill 2103 on page four and so forth."
"The Gentleman from Cook, Representative Bowman," 26 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 on the Amendment."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The Amendments, which I'm proposing today, relate to the Investment Tax Credit Program which we enacted in this chamber a short time ago. Now, you all know how the investment tax credit works. Businesses make investment in plant equipment and then deduct their credits from the corporate personal property replacement tax. The trouble is that the corporate personal property replacement tax is monies that are distributed to units of local government. Now units of local government throughout the state are hurting. They are in desperate straits. They are raising local property taxes, and school districts, which have reached their tax limits, are having to cut programs. They cannot afford an additional burden at this time. Now, Amendment #1 to 2103 provides that the credit shall be taken against the state income tax. Now I understand that the state's having its problems, too, but we are in a position to deal with those problems ourselves. We, if we fail to adopt this Amendment, what we're doing is we're telling the local governments that this Program is for them to solve. We are passing the buck to somebody else, and I think we ought to have the guts to stand up and deal with the problem ourselves as a General Assembly. And indeed, revenue measures are pending in the Senate which would have the effect of increasing the state income tax and make this an affordable program for the state. In any event, we can certainly, if this Amendment is adopted and the Bill is passed, we can certainly take the revenue loss contemplated by this into account when we consider tax increase measures a little later this Session. But if we don't adopt this Amendment, we are telling local governments, tough luck. Go it on your own. It's your problem. Now I don't think 27 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 any of us really want to do that, and so this Amendment is to give you an opportunity to take the burden of the responsibility on our shoulders where it belongs. So, I now move for the adoption of Amendment #1 to 2103."
"The Gentleman moves for the adoption of Amendment #1. There being no... On that question, the Gentleman from Kendall, Representative Hastert."
"Well, Mr. Speaker, Ladies and Gentlemen of the House, I... I certainly think that the Sponsor of this Amendment probably has his own agenda on this, and I... I don't really appreciate him putting this Amendment on my Bill. I thought if it was really a priority, the Gentleman from Cook County may have introduced the Bill in Revenue and moved it through the process, but he didn't choose to do that. What he's trying to do is completely change the whole scope of the investment tax credit. It would cost the State of Illinois $37,000,000 to adopt this Amendment. I think it's a bad Amendment. I think this law was set in several years ago in the last Session. We ought to give it some time to work, but already the Gentleman from Cook is trying to redo the whole process and the whole piece of legislation that was passed by this Body. I ask that you re... repel this Amendment. Vote 'no'. It's a bad Amendment on a good Bill."
"On the Amendment, the Gentleman from DeWitt, Representative Vinson."
"Will the Sponsor yield for a question?"
"He will."
"How much revenue of local government is lost as a result of this loss so far?"
"Representative Bowman."
"Well, Representative Vinson, while you were on the telephone, Representative Hastert offered the number of 28 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 $37,000,000."
"Well, Mr. Speaker, to the Amendment."
"Proceed."
"I would make the point, first of all, that no local government has lost one cent on this Amendment so far. No local government has lost one cent on this... on this Program so far, for the simple reason that the Program hasn't even gone into effect. Now what the Gentleman is trying to do is to abort the... the... the Program two months before it would even take effect. It's July of this year before any... any taxpayer can ever avail themselves of this credit. Now there are a number of companies, corporations around this state who have been planning their capital programs, and so forth, for the purpose of taking advantage of this provision, companies such as Caterpillar, John Deere, International Harvester. A number of taxpayers around this state have been analyzing the situation and had been planning for capital programs to take advantage of this tax break to create jobs in Illinois for new capital plan expansion over the past year, so that they can take advantage of this and begin putting people back to work. What the Gentleman wants to do is to abort the Program two months before they would actually have the chance to go to work. We delayed the Program's implementation until July of this year for the simple reason that we wanted to give local governments the opportunity to begin their planning, so that they would not be immediately effected by some substantial revenue hemorrhage. They've had that opportunity. What we're now able to do at the point in the economic recovery where people are starting to think about new plant and equipment, new jobs and so forth, to make this available to them, to begin economic growth, to begin revitalizing the economy of this state. I think its 29 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 classic. This... This Amendment is the classic example of the Gentleman's philosophy of tax and spend. Instead of letting the free market work, instead of providing an opportunity for economic growth, he wants to tax. I don't believe we ought to do that. I believe we ought to try to stimulate economic growth. I think we ought to let the companies like Caterpillar and John Deere around this state, who worked very hard for this and who realize that this could stimulate economic growth, to take advantage of this and to begin creating jobs and economic growth in this state. I think it'd be a terrible mistake for us to lose this program, although I do understand the general... the Gentleman's philosophy of tax and spend. For that reason, I would oppose the Amendment."
"The Gentleman from Cook to close, Representative Bowman."
"Well, the previous Speaker was right. I am trying to abort this program, because it's not only a worthless program, because in my opinion, it will not enhance investment in the slightest. But it's a costly program for many units of local government. Now, if you happen to represent, say, Schaumburg or Arlington Heights or something like that, then you ought to vote against this Amendment. I... I understand that. You... You have to represent your constituency, because you've got a booming area right now, a lot of construction, a lot of investment going on out there. But if you come from an area that is already pretty well built up, where the... the investment potential is very unlikely, if you come from an area where the... the companies are not planning for any investment, as Representative Vinson suggests, but are stagnating, then you want to vote for the Amendment; because, if you fail to do so, the investment which is taking place out in 30 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Schaumburg will simply be payed for by the residents of some other locality. Now, I... I happen to think that... that there are more localities that have got problems these days than... than are booming. And so, my... my advice to you is if you represent a locality which is... is not booming then you want to support this Amendment, because your local governments there will wind up paying and they will pay dearly. I'm sorry Representative Hastert is not supporting this Amendment. The Amendment's better than the Bill."
"The Gentleman has moved for the adoption of Amendment #1. All those in favor signify by saying 'aye', opposed 'no'. I think the 'nos' have it. The Amendment's defeated. Further Amendments?"
"Floor Amendment #2, Bowman, amends House Bill 2103 on page four and so forth."
"The Gentleman from Cook, Representative Bowman."
"Well, with all due respect, Mr. Speaker, I think there are just more loud mouths who are against the legislation. But I'm sure that I can persuade them with Amendment #2, because Amendment #2 won't cost the state anything. It won't cost the local governments anything. All it does is to abolish the Program outright. Now, I see Representative Vinson lunging for his microphone there. I believe we've already heard that speech before, Representative, but this... this particular Amendment you'll... you'll notice simply deletes all of the language in the present statute regarding the investment tax credit. I've explained why it's a lousy Program, why it's going to cost most areas to the benefit of a very small number of areas. And so, since this Amendment doesn't cost anybody anything, it's a much better Amendment, and I'm sure the people who voted against the last one will want to vote for this one. I move 31 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 adoption of Amendment #2."
"The Gentleman moves for the adoption of Amendment #2. On that, the Gentleman from Kendall, Representative Hastert."
"Well, Mr. Speaker, Ladies and Gentlemen of the House, what the Gentleman from Cook County does with this Amendment is actually to repeal the Investment Tax Credit Act that we passed here in the last Session. If you believe that we have to bring new industry into the State of Illinois, if you believe we have to simulate our economy with new jobs and that one of the ways to do it is to give investment tax credits, then vote against this Amendment. What the Sponsor of this Amendment is trying to do is to repeal the Act. He strikes the language, an Act that hasn't even begun, that begins July 1st, 1983. It was the mandate of this General Assembly to put this legislation into place. What this Bill actually tries to do is clean up some of the language. What the Sponsor from Cook County has tried to do is to completely gut the legislation. I ask for your 'no' vote. Again, I ask for your 'no' vote on this Amendment."
"The Gentleman has moved for the adoption of Amendment #2. All those in favor signify by saying 'aye', opposed 'no'. The 'nos' have it. The Amendment's defeated. Further Amendments?"
"No further Amendments."
"Third Reading. House Bill 2106, Representative Nelson. Read the Bill, Mr. Clerk."
"House Bill 2106, a Bill for an Act concerning the Midwest Interstate Compact on Low-Level Radioactive Waste. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Christensen, amends House Bill 32 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 2106 on page one and so forth."
"Representative Christensen is excused for illness. Are there any hyphenated Cosponsors?"
"There are no hyphenated Cosponsors on this Amendment."
"The Lady from DuPage, Representative Nelson."
"Mr. Speaker, I would move to table Amendment #1. Amendment #2 is identical, and we can debate that."
"The Lady moves to table Amendment #1. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment's tabled. Further Amendments?"
"Floor Amendment #2, Van Duyne, amends House Bill 2106 on page one and so forth."
"The Gentleman from Will, Representative Van Duyne, on Amendment #2."
"Thank you, Mr. Speaker. This is Representative Christensen's Amendment; but, due to the fact that his wife is ill, I filed the Amendment under my name. And it simply says that once this pact is formed, it must come back to the House for... or to the General Assembly for ratification. We feel that there are so many things left unsaid about forming the pact so prematurely. As I think everyone knows, we have until July 1st of next year to do anything without any... any shortfall or any... any penalty attached to us. So we feel that if the Nuclear Regulation Commission is going to negotiate for the State of Illinois that that's... and you know, we're thinking that possibly this Bill may pass, but nevertheless, in order to give us a little bit more insurance, we feel that it should come back to the... to the General Assembly after its negotiated for final ratification, and I move for adoption of the Amendment."
"The Gentleman moves for the adoption of 33 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Amendment #2. Is there any discussion? The Lady from Dufage, Representative Nelson."
"Thank you, Mr. Speaker. Members of the House, I would like you to vote 'no' on Amendment #2. I am not against the concept embodied in Amendment #2, but I am against amending this Bill, and I would like to explain why. House Bill 2106 is something more than a House Bill. House Bill 2106 is an agreement, if we sign it, with other states; and, at the present time, three other midwestern states have already ratified what we call House Bill 2106. It is, in fact, the Midwest Interstate Compact on Low-Level Nuclear Waste, which has been ratified by the states of Indiana, Michigan and Iowa. Those states have, in fact, ratified a compact that is identical in language to what we have before us right now, and just as it is the case, if we in the House amend a House Bill or a Senate Bill and then pass out of here a different version than the Senate has passed out, it needs to go back for concurrence. What would happen, if we amend House Bill 2106, is that we would then have to go back to those other states, not just run across the rotunda to the Senate, but we would have to go back and then have the Midwest Compact on Low-Level Nuclear Waste ratified by other midwestern states. It is for that reason that I ask you to vote 'no' on Amendment #2. Thank you."
"The Gentleman from Lake, Representative Pierce, on the Amendment."
"Mr. Speaker, Ladies and Gentlemen of the House, Mr. Van Duyne has what is probably a pretty good idea here like he usually does in Amendment #2, but it doesn't belong on this Bill on the Low-Level Midwestern Compact for the reasons given by the Lady of Cook... Lady from Cook in her speech a minute ago that the compact is only a charter among 34 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 states entered into under the Federal Constitution which allows interstate compacts among the states. Once that charter is in effect-and we were one of the states that negotiated the original wording and three states have ratified it - it can't be changed by an individual state. There is, however, a vehicle in this House at this time, on Second Reading, where Mr. Van Duyne's idea, and it's also Mr. Christensen's, should be considered and that's House Bill 2234 introduced by Representative Currie. That Bill, I understand, is on Second Reading, is amendable. Representative Currie is working with various environmental groups, League of Women Voters and so on to come up with acceptable Bill to implement... implement the Midwest Compact, to put flesh and bones on the Compact. The Compact is like a charter. It's... It's the bare bones agreement among the states. That can be implemented later by rules, working rules, in the states and among the states. Representative Currie, being always right with the times, didn't even wait for the Compact to be ratified by Illinois but came forward this Session with her Bill, House Bill 2234, in her usually up front, alert way. And I would suggest to Mr. Van Duyne and to the Members of the House, Mr. Speaker, that Amendment #2 would be more appropriate to be considered as an Amendment to House Bill 2234 and would not at all be appropriate House Bill 2106, which is an interstate compact that we in Illinois can't unilaterally change and adjust. The Compact does give a host state the right to pull out. Absolute right is in the Compact now. If Illinois is chosen by our midwest brothers to be the host state, we have an absolute right to pull out of the Compact under the present House Bill 2106. So, therefore, I join with my Chief Sponsor, Representative Nelson, in urging defeat of Amendment #2 to House Bill 2106." 35 STATE OF ILLINOIS 83RD GENEBAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"The Gentleman from Cook, Representative Bullock."
"Mr... Mr. Speaker, I think Representative Pierce has pretty much covered the points that I was going to make. I certainly stand in opposition to Amendment #2. It is misguided. It should very well be on Representative Currie's Bill, and I would urge a 'no' vote on Amendment #2."
"The Gentleman from Cook, Representative Marzuki."
"The problem that I have with allowing this Compact to go out means that if we do not like the language and the rules that are adopted by the states in conference and... and Lord knows that... and me, too, that this Bill just doesn't have a lot of guts to it at this moment. The only thing we can do is to drop out. There's nothing that we can do as a legislative Body to amend this. It seems to me that we're sending out a... a rather bad Bill at this time and hoping for the best. You know, I would like to have some kind of answers from the Sponsors as to how we may remedy this. It's very nice that Representative Currie has in a Bill to give some direction. At least it gives direction to the Legislature. I'm not sure that it's going to give any direction to the conferees on the Midwest Compact. I would like to have those kinds of assurances, because there are lots of things that are wrong with our... with the agreed Bill among the states."
"The Lady from Cook, Representative Currie."
"Thank you, Mr. Speaker, Members of the House. I rise, too, to oppose Amendment 2 to House Bill 2106. Whatever the state of the Compact, at this point, I think that we in Illinois have an opportunity to say 'yes' or 'no' to the Compact legislation when it is on Third Reading. If we 36 STATE OF ILLINOIS 83RD GENERAL ASSE MELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 were to adopt Amendment 2 to House Bill 2106, we would in effect be saying now on Second Reading that Illinois is not ready to join the Midwest Compact. If Illinois does not join the Midwest Compact this year, Illinois is likely to have very little effect on the direction that the conferees will take when they are establishing waste management technics, when they are deciding how that Compact will go forward. It seems to me that if we want to have any say in the Compact among the Compact members, our best bet is not to try to amend the legislation, send the whole thing back to the drawing boards, but to make the decision on Third Reading whether we participate or whether we do not. This Amendment will not help us make that decision. In fact, it will preclude us from a decision to participate now. If people decide that we are better off out of it altogether, then I think the appropriate vote for them would be 'no' on Third Reading. It certainly would not be 'yes' to Amendment 2 at this time. I hope others will join me in saying 'no' to the Amendment, and let's save some of this discussion for Third Reading."
"Representative Van Duyne to close."
"Yes, I... Mr. Speaker, I would like to have the attention of this Body, because this is a very, very, very important piece of legislation. We heard this Bill in the Environment Committee and it came... this Bill came out of there with the absolute minimum votes that was necessary by a vote of 9 to whatever it was. And not only that, it was after a vigorous working of the Committee, and powers of persuasion were... were placed upon some of the Democratic Members of the Committee to... to vote for this Bill. In... In my way of thinking, I think what I'm saying is fact, there is no repercussions for not doing any... for doing nothing to this Bill before July 1st. We do have to 37 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 make some kind of decision before July 1st of 1984, not 1983. Why people are trying to push this thing out on the floor and get it... and get it passed the House and through the Senate and to the Governor when we have all the questions that I'm going to innumerate to you right now is beyond me. I haven't the slightest idea what the rush is. I must tell you that there was vigorous opposition by the League of Women Voters and other people in our Committee that day, saying that they did not believe that this should be put out. Now, we're not saying that we should not form a compact. We just say that there are so many unanswered questions that we shouldn't do it right now. This thing is... Representative Pierce asserted that we would get out of the pact any time we wanted to. That's not true, to my knowledge. Once you join the pact, you're in it for a full five years before you can extricate yourself. Now, if I'm wrong, I wish somebody would get up and correct me, but that's the way I read it, and that's what I've been told. We can... Once joined, you cannot get out for a period of five years. First of all, we don't know what the membership is going to be. There... there... By the way, it's been purported that three states have joined the Compact. That's true, but two have also rejected it. I... South... North... North Dakota is one of them. I forget what the other one was. There's no... There's no provisions for votes. However... however many members there are in the Compact, it seems to me, it could be that we all have an equal vote. It also is assumed that Illinois is going to be the host state. There is no provision in there for charges. They say that in... in the Bill it says that there are reasonable charges may be... may be charged. But what if the compact says that these charges are unreasonable and Illinois... Illinois has to 38 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 pay the freight? Also, there is no provision in here for perpetuity. You have to per... monitor these things and take care of them perpetually. This is not one of these things where you do it for fifteen or twenty years and then you get out like the scenaric was painted to you a moment ago where we only have to stay in it for twenty years. Not true. This thing has to be taken care of forever. Now all these questions have not been answered at all, and there are no repercussions, as I said, for waiting. Now the Nuclear Regulatory Commission can negotiate for the State of Illinois without ever joining the thing; and, as I said before, there is no real reason for us to rush into this thing, because we don't have to do it until July 1st of 1984. Now I think everything I've told you people here this morning is.. is the truth, as I know it, without any exaggeration whatsoever. And I think that this thing is so important that there really is no reason for us to rush into it. And if we are going to rush into it, I think that the Legislature should know all the facts, the full facts, before we actually go back and ratify it. So I think this is a reasonable Amendment, and I don't really know why it is causing all this... all the objectors. But anyway, I once again renew my Motion for adoption of Amendment #2. I think it's reasonable, and not only that, I think it's necessary."
"Representative Van Duyne has moved for the adoption of Amendment #2. Those in favor say 'aye', those opposed say 'no', and the Amendment fails. Further Amendments?"
"No further Amendments."
"One person cannot have a Roll Call. Further Amendments? Further Amendments?"
"No further Amendments." 39 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Third Reading. Repre... Representative Van Duyne, for what purpose do you rise?"
"You know..."
"LeRoy, it wasn't close."
"I... I asked you for a Roll Call. I do have the proper amount of people asking for it. I really would like to get people on the Roll Call."
"After the fact, yes. House Bill 210... 2107. Read the Bill."
"House Bill 2107, a Bill for an Act to amend an Act concerning public utilities. Second Reading of the Bill. No Committee Amendments."
"Amendments from the floor?"
"None."
"Third Reading. House Bill 2126, Pedersen. Read the Bill."
"House Bill 2126, a Bill for an Act to amend the Revenue Act. Second Reading of the Bill. No Committee Amedments."
"Amendments from the floor?"
"None."
"Third Reading. House Bill 2130, Cowlishaw. Cowlishaw. No. Out of the record. 2136, McCracken. Read... Read the Bill."
"House Bill 2136, a Bill for an Act to amend the Code of Criminal Procedure. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Motions?"
"No Motions filed."
"Amendments from the floor?"
"No Floor Amendments."
"Third Reading. House Bill 2149, Bruce Farley. Read the Bill? Read the Bill." 40 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"House Bill 2149, a Bill for an Act in relationship to the Illinois Income Tax Revenues. Second Reading of the Bill. No Committee Amendments."
"Amendments from the floor?"
"None."
"Third Reading. House Bill 2166, Hicks. Read the Bill."
"House Bill 2166, a Bill for an Act to amend an Act concerning the Department of Children and Family Services. Second Reading of the Bill. No Committee Amendments."
"Amendments from the floor?"
"None."
"Third Reading. House Bill 2169, Ronan. Read the Bill."
"House Bill 2169, a Bill for an Act to create a Boxing Study Commission. Second Reading of the Bill. No Committee Amendments."
"Amendments from the floor?"
"None."
"Third Reading. House Bill 2171, Homer. Out of the record. 2172, Giorgi. I don't see Giorgi for the moment. Take that out. 2172? You want it called, Zeke? Read the Bill."
"House Bill 2172, a Bill for an Act to amend an Act regulating compensation for accidental injury and death and diseases. Second Reading of the Bill. No Committee Amendments."
"Amendments from the floor?"
"Floor Amendment #1, Tuerk, amends House Bill 2172 on page 23 and so forth."
"The Gentleman from Peoria, Representative Tuerk, on Amendment #1."
"Mr. Speaker, Members of the House, this is the Amendment 41 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 that would help to reduce the cost on workmen's comp insurance, particularly the premiums and those who are self-insured, because fifty to sixty percent of the claims deal with minor scars, and that's what this Amendment addresses itself to, to give the injured employee..."
"One moment. For what purpose does the Gentleman from Winnebago, Representative Giorgi, seek recognition?"
"Mr. Speaker, I... take the Bill out of the record."
"Out of the record. 2182, Giorgi. Read the Bill."
"House Bill 2182, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."
"Amendments from the floor?"
"Floor Amendment #1, Giorgi, amends House Bill 2182 on page one and so forth."
"Representative Giorgi on Amendment #1."
"Amendment #2, isn't this Cullerton's Amendment?"
"Amendment 1."
"Oh, Amendment #1. Okay. This is the Bill that has to do with correcting some powers a city the size of Rockford and any other city that might have to go off of the home rule status. It could happen to other cities in Illinois. What this does is in the event we decide finally how municipalities are going to get rid of the refuse, their garbage, whether it be incineration or landfill, now nonhom... non-home rule cities can only indebt themselves for fifteen years, get themselves indebted for bond issues. And if you go to the expense of methods of incineration or extensive other methods of disposal of your refuse, you're not going to be able to do it on a fifteen year bond issue. So, you need thirty years. All I'm doing with this 42 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Amendment is changing the bonding authority... the bonding indebtness from the fifteen to the thirty year time for cities such as Rockford that are not home rule cities that are large cities."
"Representative Giorgi moves for the adoption of Amendment #1. Those in favor say 'aye', opposed 'nay', and the Amendment is adopted. Further Amendments?"
"Floor Amendment #2, Cullerton, amends House Bill 2182..."
"The Gentleman from Cook, Representative Cullerton, on Amendment #2."
"Yes, thank you, Mr. Speaker. This Amendment #2 is very similar to Amendment #1... and, therefore, it wouldn't be needed. So I would ask that... withdraw Amendment #2."
"Leave to withdraw Amendment #2. Leave? #2 is withdrawn. Further Amendments?"
"Floor Amendment #3, Giorgi, amends House Bill 2182 as amended."
"Representative Giorgi on Amendment #3."
"Well, when Rockford became a home rule city with the introduction to the new Constitution, they went into their police and fire civil service... police and fire boards and civil service boards, and they're very good... good fortune in selecting police and firemen and civil service employees on the... on the matter of civil service employees. They wanted to use the best of five. Their selection should be based on the best five qualified candidates. And on the fire... fire... police commission they wanted the best of seven. So, they've reached that pinnacle in the... in their governmental life in selecting people to the police and fire commission and the civil service commissions, and they'd like to retain that power. And it has to take special legislation now that they've 43 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 lost their home rule power to retain the authority to pick the best of seven in a police and fire list and the best of five in a civil service list. Now this... I think this is the first major city, since the new Constitution of 1970, that has had this trouble. There are 85 to 89 cities with home rule powers that are going to find themselves maybe in the same boat. So, when you vote on this, I think you ought to think about what you're doing for Rockford; you're also doing for yourself in the event the... the other... the shoe's on your foot."
"Representative Giorgi has moved the adoption of Amendment #3. All those in favor say 'aye', opposed 'nay', and Amendment #3 is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. Representative McAuliffe has returned. We'll call House Bill 1914. Read the Bill."
"House Bill 1914, a Bill for an Act to amend the Unified Code of Corrections. Second Reading of the Bill. No Committee Amendments."
"Amendments from the floor?"
"None."
"Third Reading. House Bill 1949. Read the Bill."
"House Bill 1949, a Bill for an Act to amend an Act in relationship to work programs. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions?"
"No Motions filed."
"Amendments from the floor?"
"No Floor Amendments."
"Third Reading. House Bill 2055. Read the Bill."
"House Bill 2055, a Bill for an Act to amend the 44 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Election Code. Second Reading of the Bill. No Committee Amendments."
"Amendments from the floor?"
"None."
"Third Reading. House Bill... Alright, House Bill 2056. Read the Bill."
"House Bill 2056, a Bill for an Act to amend the Election Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Motions filed?"
"No Motions filed."
"Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 2064. Read the Bill."
"House Bill 2064, a Bill for an Act to amend an Act in relationship to firearm training. Second Reading of the Bill. No Committee Amendments."
"Amendments from the floor?"
"None."
"Third Reading. House Bill 2172. Read the Bill."
"House Bill 2172, a Bill for an Act to amend an Act regarding the compensation for accidental injury and death and diseases. Second Reading of the Bill. No Committee Amendments."
"Amendments from the floor?"
"Floor Amendment #1, Tuerk, amends House Bill 2172..."
"The Gentleman from Peoria, Representative Tuerk, on Amendment #1."
"Mr. Speaker, Members of the House, as I was saying a few moments ago, what this Amendment addresses is the small 45 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 scars claims which was the subject of a Bill that unfortunately was defeated in Committee. I think it's an important matter, one that will help reduce the costs of workers' comp throughout the State of Illinois, because this particular type of injury constitutes approximately 50... 50 to 60% of the costs of all of the claims. And frankly, it has nothing to do with a man's productivity or a woman's productivity in the work force. I think it's a step in the right direction which would help to reform part of the onerous parts of the workers' compensation statute, and I would move for the adoption."
"The Gentleman has offered the adoption of Amendment #1. Representative Giorgi."
"Mr. Speaker, I... I think I know what Representative Tuerk is intending with his Amendment, but I think his Amendment is... reaches too far. Representative Tuerk, I don't think the General Assembly can legislate a decision that has to be made in the industrial court. I don't think the General Assembly can legislate a decision that the Commerce... the Industrial Commission members have to write. I think, in your case, you're pointing out an abuse that can only be corrected in the judicial temperance of the... of the arbitrators that judge the workmen's comp cases at the level they judge them. You and I can't judge what a scar does, or what some disfiguration does, or whatever. I think what you're trying to do is point out a problem that we can't solve at this level. It has to be solved at the industrial arbitrators' and the Com... And the Industrial Commission members level. So, I ask the Members to deny this Amendment."
"Representative Tuerk to close."
"Well, Mr. Speaker, Members of the House, actually what the Gentleman just said is not true, because it doesn't 46 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 take the Industrial Commission to rule on these matters. I'm talking about a very minor cut on the back of the hand, where companies are getting stuck for 6... $800,000, an award for a minor scar which means nothing. Many of us in this chamber are the possessors of minor scars on our hands, on our arm, on our leg, and so forth, and actually, we've never been compensated for any of those slight injury. Now, in the meantime, the employee would be given medical treatment. He would be refunded for time lost. He would actually not be out of any money whatsoever. It's just a matter of the fact that many of these minor, minor cases are being awarded big awards in terms of the severity of the accident. I don't think it's the right way to go. It's adding to the cost. I think it's an area where we could make some improvement, and I would ask you adopt this Amendment, and I would ask for a Roll Call vote, Mr. Speaker."
"Are you joined by some Members? All right. The Gentleman has moved for the adoption of Amendment #1. Those in favor signify by voting 'aye', those opposed by voting 'no'. Representative Nash, do you want to come up here for a second? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 49 voting 'aye', 59 voting 'no', 2 voting 'present', and the Amendment fails. Further Amendments?"
"Floor Amendment #2, Tuerk, amends House Bill 2172 on page one and so forth."
"The Gentleman from Peoria, Representative Tuerk, on Amendment #2."
"Just one moment, Mr. Speaker, if I may. Mr. Speaker, Members of the House, Amendment #2 addresses another very important subject, and that is the subject of preexisting 47 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 injury. Many of us who have been in this chamber for a number of years have heard this debated a number of times. Up until this time, it has not been agreed upon or adopted. But basically and very briefly, what the Amendment does is say that the employer would be given credit for any preexisting injury that occurred at the time of his employment. Put another way, if an employer employed a person who knowingly knew that he had an injury, that he would be liable for only that part of the injury or aggravation that had occurred following his employment with the new employer. I think it's a reasonable Amendment. The preexisting condition is discovered through a medical examination. Any employer who doesn't give the medical examination has no grounds to stand on and; therefore, I think it's fair, equitable and would help the situation in the state as it relates to so many claims and high awards in the workers' comp area. I would move for the adoption."
"Representative Tuerk has moved for the adoption of Amendment #2. On that, the Gentleman from Winnebago, Representative Giorgi."
"Well, Mr. Speaker, the same arguments would apply to preexisting conditions that apply to disfigurement and scars. What the Representative from Peoria is trying to do is trying to legislate here what an industrial arbitrator finds in the field, finds before him, a maimed person that might have had an injury on a leg previously. What Representative Tuerk is trying to do here is saying that if you've had an injury on your leg previously, you'll not get another award for another injury on the same leg because of the 50 or 60% that he feels you've lost in your legs. It reminds me of the situation when President Reagan ordered the Social Security Board to say drop 70% of the people on social security disability no matter what their 48 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 disabilities are if they are in the ages from 40 to 50. And every one of those people have to prove again that they deserve social security disability, and we had the courts clogged with people. And I went into court with some of my people and defied the Judge to tell me why that person was dropped off of disability social security. It's a same type of legislation, and I urge a denial of this Amendment."
"The Gentleman from Cook, Representative Greiman. Can you follow that?"
"I can always follow Zeke. I'd follow him anyplace. It's McGann I don't want to follow into the grave. Well, I wonder if the Gentleman would yield for a question."
"He indicates he will. Proceed."
"Representative Tuerk, is it not the law now that if there is a loss, and compensation is given for that loss, and the same member has an additional injury, that compensation for the additional injury, there will be a deduction of the first injury. Isn't that presently the law?"
"To a certain extent, you're correct. However, what this addresses itself to is the aggravation of any injury that existed at the time that employee went to work for a specific employer."
"So, then on the Bill or the Amendment."
"Proceed."
"I think all of us agree that somebody ought not to get 200% for the loss of a finger or 200%. You can only lose up to 100%. We all agree with that. That's a mathematical computation. And as a consequence of that understanding, the present Act provides that where there is a permanent loss of a member, of a part of your body, and you're compensated for that loss under workmen's compensation, and 49 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 you then have a subsequent injury to that member, that the first amount paid will be taken into consideration in computing the second award. And that's fair, and that's in the law. And that's also determinable, determinable because we know how much the employer paid..."
"Representative Greiman, could I interrupt?"
"Sure."
"The Gentleman from St. Clair, Representative Flinn, for what purpose are you seeking recognition?"
"Well, Mr. Speaker, I apologize for interrupting the proceedings here. I very rarely do this, but the 7th and 8th grade classes of Zion Lutheran School from Belleville, their teachers, Mr. 'Lynn Miller' and Mrs. 'Sue Steigen' and along with Principal 'Dan Rolph' is up in the gallery right off to my left here."
"And they are listening to Representative Greiman. Continue, Representative Greiman."
"Thank you and welcome. And so, continuing on, this would make an incredible, impossible problem both medically and legally. Unless an employer gave an employee such an incredible physical examination, we would be battling over preexisting conditions in every single workers' compensation case. It is... It would absolutely stagger the Commission. It is unnecessary. It is unfair, and the basic equity that the Gentleman seeks is already in the law. Representative Giorgi and his dramatic appeal is correct. This should be defeated."
"The Gentleman from DuPage, Representative Gene Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Here again, we see an opportunity to do something about improving the economic climate in this state. You know and we all know that there is going to be no dramatic 50 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 turnaround on the economy, but that we are, in fact, going to improve economic conditions by increments. And, yes, this is... this is a small increment but is, nevertheless, an increment. And if we're all honest with ourself, we can look back to 1975 when we adopted the changes in this legislation and unemployment compensation legislation to know that this was the beginning of the current condition in which we find ourselves. It was inevitable. And with this Amendment and other Amendments which will follow, we will have an opportunity to make some change, some small change, in the law and some... hopefully, some small improvement, some step in the right direction for a revitalized economy in the State of Illinois. And for that reason, Mr. Speaker, Ladies and Gentlemen of the House, I urge your adoption of this fine Amendment."
"Representative Tuerk to close."
"Well, Mr. Speaker and Members of the House, the Gentlemen on the opposite side of the aisle there have thrown some scare tactics again. They've brought out their laundry list of the bad situations. What I'm attempting to do in this Amendment is to provide that the employer who employs a person discover, through medical examination, whether or not that employee has a preexisting injury of some sort so that he is not liable for the injury, the entire injury to that leg, the arm, the back or any genetic problem that may exist, either the heart, the lungs or any other condition that exists when that person goes to work for an employer. That's all I'm trying to do. They talk about it would require the Industrial Commission to give physicals. That's a lot of hogwash. That's not true. That's a responsibility to the employer. And when that employer doesn't give a physical, then he is liable for the entire case. And over and above that, this Amendment provides 51 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 that in the case of total disability or in the event of death, that the employer still would pay. And if there wasn't sufficient funds out of the employer's fund, then the state would trigger in a further payment. So that employer...that employee is being protected. This is just a way of getting out, as Representative Hoffman pointed out..."
"Excuse me, Representative Tuerk. Flinn's on a roll. He's got another school. The Gentleman from St. Clair, Representative Flinn."
"Again, my apologies, Mr. Speaker and Members of the House. But we now have the Millstadt Consolidated School up in the gallery here, and I'd like for you to welcome them to Springfield."
"Welcome. And you are listening to Representative Tuerk trying to close. Continue."
"I forgot where I was. Should I start anew?"
"Everybody else did, too. Proceed. Proceed to conclude."
"Well, we don't need those kind of rhetorical remarks from the Chair either at this point."
"You're right. Only in jest."
"Well, what the Amendment gets at, as I said, to hopefully reduce the cost of the onerous provisions of many of the things that the other side of the aisle did to this statute back seven or eight years ago. And what this addresses is one major factor to help the business climate and help reduce costs and still provide the employee with all the protection that he needs when he's producing for any employer. I would ask for the adoption of the Amendment and a Roll Call vote, Mr. Speaker."
"Representative Tuerk has moved for the adoption of Amendment #2. Those in favor signify by voting 52 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 'aye', those opposed by voting 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 49 voting 'aye', 61 voting 'no', and the Amendment fails. Further Amendments?"
"Floor Amendment #3, Davis - Mays - Tuerk, amends House Bill 2172 on page 64 and so forth."
"The Gentleman from Will, Representative Davis, on Amendment #3."
"Well, thank you, Mr. Speaker. I really believe that the Amendments that have been offered by Representative Tuerk, despite their merit in our point of view, were detracting Amendments from the point of view of those who brought the Bill to the Democratic Leadership and those that sponsor it. Amendment #8 (sic - 3), however, is not that. I think Amendment 8 (sic - 3) is an agreed Amendment. I don't think it's... or 3, I'm sorry. I'm looking at 8, which is a repeat of 3. I think Amendment 3 is an agreed Amendment, for all intents and purposes, whether the Sponsors would agree or not. Certainly the... the union lobbyists for the firefighters and the cops in Chicago agree. And it's very simple. What it does is remove the cost of workers' compensation under this amendatory Act from the State Mandates Act. I think that's only fair. I, frankly, don't know why they're not under workers' compensation now, the firemen and the cops in Chicago. I think they ought to be. I think it's a damn good inclusion in this Bill, but I don't think that the rest of the state should have to pay for the workers' compensation benefits and whatever in the City of Chicago. And I... In the Committee, Mike Cohen, who is with the firefighters, said that that was their intention in this Bill was to have the City pay that bill themselves and not have the state pick up the tab for workers' compensation. So, Representative Giorgi, I really 53 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 believe this is an agreed Amendment. Now, you may not view it that way and want a Roll Call so you can defeat the Amendment, but I see no... that serves no useful purpose when the firefighters and the cops both have agreed that this should be done this way, as it is, I might point out, in ever other city throughout the State of Illinois. So that with that, Mr. Speaker, I would move for the adoption of Amendment #3."
"Representative Davis has moved for the adoption of Amendment #3. On that, the Gentleman from Winnebago, Representative Giorgi."
"Let me say that, in response to Representative Davis, I haven't received communication from the people that have indicated to Davis that they'd comply with what he was saying. So at this point, Representative Davis, this Bill has to go to the Senate. If that's the case, let's let the Amendment be put on in the Senate if it's agreed. I'd rather not accept it now, because I want the Bill in the... the form that I've been working with it, and that kind of upsets my train of thought. Also, we're in trouble constitutionally, because, you know, you want to deny something... you want to deny some people something on the State Mandates Act when we're allowing other entities to receive help from the State Mandates Act. And I don't want to make my Bill on that point unconstitutional. So, I'd rather not... I'd ask you to withdraw your Amendment, if you're serious about, you know, being... having it accepted later on."
"The Gentleman from Will, Representative Davis."
"I have no wish to disturb your train of thought, Representative Giorgi, but doggone it, this is a good Amendment, and we're telling you the truth of what happened 54 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 in that Committee. The spokesman is here and can testify to that. And I've known Mike Cohen for a lot of years, and that was the testimony... that... that the City should... this should be exempted, because the people in Rockford, and in Joliet, and in Danville, and Decatur and Centralia don't want to pay the workmen's compensation costs for Chicago cops and firemen. I think they ought to be under it. I don't know where in the world they're getting compensated now. Someone told me a while ago it's from their pension fund, and I can't believe that. And I can understand why they want it included in this... in this Bill brought to you by the AFL-CIO. We agree with that. They should be under it. That's one of the finer provisions in this Bill. But doggone it, I don't think anybody in... in downstate Illinois or in the collar counties want to pay the bill."
"Representative Davis, you'll have an opportunity to close. I think he was asking you to withdraw, and I gather you're not withdrawing. Representative Mays, the Gentleman from Adams."
"Well, to the Sponsor's comments on this Bill. In Committee, it's my understanding that the firefighters' union, which was pushing for this inclusion into workers' comp, which I think Representative Davis and I and everybody in this chamber would agree with, stated that he did not feel... that it was not his intent that the state should be mandated to pick up the cost on this measure. We've done some checking and in every city in this state, other than the City of Chicago, the mayors and the people in those cities are paying for their own workers' comp costs, for their own police and fire protection, and that's a pretty substantial amount. In the City of Quincy, we're paying roughly 140,000 for police and fire alone. In the 55 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 City of Danville, they're paying 118,000 a year for police and fire alone, and we could go on and on, in Effingham, Mt. Vernon, Herrin, East St. Louis. This is a fair Amendment. The people of the City of Chicago should be paying for the workers' comp costs for the City of Chicago's police and firefighters. Anybody that votes against this is just going against the grain of what has been... what has happened prior to this point. I might also add that we thought it necessary to exempt the State Mandates Act from the 'buy America' Bill that your people wanted passed through. This is a reasonable Amendment, and I would urge its adoption. And I would like a Roll Call."
"Representative Davis to close. Who? Representative Davis is running over to his mike."
"Well, I... I think I closed in response to Representative Giorgi's inquiry about holding it. If this has to come off, and... and you guys don't like it, you can do that in the Senate as well as me leave it off here. I think the issue needs hearing. I believe that... that the people of Illinois want the city cops and the city firemen in Chicago to have... to have workers' compensation, but I don't think they want to pay for it. And it's... it's becoming a common practice to exempt the State Mandates Act. We do it all the time routinely now. I've never done it. So, this is my first venture into these muddy waters, and I... I recommend to you this is a very good 'aye' vote for those of you who live outside the corporate limits of the City of Chicago."
"Represent... Representative Davis has moved for the adoption of Amendment #3. On that, those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 60 voting 56 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 'aye', 48 voting 'nay', 5 voting 'present', and the Amendment is adopted. Further Amendments?"
"Floor Amendment #4, Giorgi - McPike - Bonan, amends House Bill 2172."
"Representative Giorgi on Amendment #4."
"Mr. Speaker, Amendment #4 should be perused by the Members, you know, after we adopt... I move for the adoption of Amendment #4, of course, but this is really the Bill, and it makes some changes in the main... What it does is the principle changes that are of interest to the students of workmen's compensation regulations and laws is that written decisions now become optional, except in cases of precedence. Written opinions become optional because of the suggestion of the Commerce Commission and the arbitrators. The other is it expedites hearings. Heretofore, you've heard complaints from the employers and employees that it's taking an awful long time to run industrial workmen's comp cases through the Industrial Commission. And this attempts to put some limitations on time as to how much time the arbitrators and the Commerce Commission has to promulgate their opinions. And the other is in the interest rate after an award has been made the first time and has to go to appeal, and it just changes that to... It's one percent above the prime rate, and it used to be six percent. So, we cut five percent off. I urge the adoption of the Amendment."
"Representative Giorgi has moved for the adoption of Amendment #4. The Gentleman from Cook, Representative Leverenz."
"The Sponsor yield?"
"Indicates he will."
"Zeke, you say you're going to now make it optional for the written decisions? Didn't we mandate that? How long 57 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 ago? How much did we spend to do that? And now we're backing up."
"Representative Giorgi."
"Representative Leverenz, in 1980, we mandated written opinions. And now one-fourth of the Industrial Commission's budget is spent on writing and promulgating written opinions. And they've developed quite a number of case histories where an arbitrator can go on the basis of that case history and make a decision. Now what they're saying, they're asking us to allow them to make optional written decisions; but, when there is a precedent, they are mandated to write a precedent setting written decision. So you're still going to get your written decisions. For sure, you're going get the ones of those with a precedent... that create a precedent or set a precedent, but you're not going to get every one written, and printed and promulgated, because it's too time-consuming, too exorbitant, and it's not serving much purpose."
"Thanks."
"The Gentleman from Will, Representative Davis."
"Well, I was going to raise the same point. I guess I really don't have any problem with the Amendment, because it really is the Bill. And although I am not clear on what my ultimate position is going to be on Third Reading, I raise the same point Representative Leverenz raised. And Representative Tuerk may want to speak to it as well, since it was his Bill that mandated the written decisions. I guess we might as well make it permissive, because the truth of the matter is we have about 16 volumes that stand four and a half to five feet tall now of written decisions. And the Industrial Commission has refused to codify them. They've just refused to codify the standards 58 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 which was the intent of Representative Tuerk's very good Amendment in 1980. So I suppose, after all is said and done, that the Commission is going to stall, and waffle, and fool around and never do it anyway. We might as well make it permissive. I have no problem with that, I guess, at this point in time. Representative Tuerk is saying, 'I have a problem with it'. Now I guess I have a problem with it."
"The Gentleman from Peoria, Representative Tuerk."
"Mr. Speaker and Members of the House, yeah, you do have a little bit of a problem with those comments, Representative Davis. Actually, as we all know in 1980, labor and management sat down at the bargaining table and came to a number of agreements which we thought was a good arrangement. It was good for the labor leaders. It was good for the business community. One of the provisions in that agreement in 1980 was the written decision agreement, and we incorporated that into the statutes. It's bad a year to operate, no more, no less, one year. Now it's true that we knew at the time when we made that agreement that there was going to be volumes of information came out of the Industrial Commission. And that is true. However, we're going through the growing pains, so to speak, of that operation. And I think it should continue. There is going to be a number of awards in the future that are based on the written opinions that are being written today and have been written for the past year. I think it's an operation that should continue until such time as we get more guidelines as to what awards the Industrial Commission will be making on these various injury. Now, let me say this, that there have been some negotiations going on for the past two to three weeks regarding this Bill. I want to 59 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 make it perfectly clear there have been no agreements made regarding the written decisions. There have been no agreements made on other provisions of Amendment 4. I would say that Amendment 4 is probably a little better than the original Bill, but it's still not there. I don't think we should adopt it. I don't think we should embrace the concept that Amendment 4 is the Bill, even though the Sponsor presents it that way. And certainly, I want to make it perfectly clear, that there is no agreement between labor and management on this total concept at all, no agreement at all. And I think we should have a Roll Call on the Amendment."
"The Gentleman from Adams, Representative Mays."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"Indicates he will."
"Zeke, where exactly does Amendment #4 differ from House Bill 2172?"
"This, in effect, becomes the Bill."
"And how are we changing the Bill through this Amendment?"
"In the... Any part of the original Bill that increased benefits, any part of the original Bill that increased benefits were striken. There's no increased benefits in this Bill whatever, in the Amendment. The Amendment eliminates any increased benefits."
"Okay, what I specifically want to know is, you have a Section in there for retraining of injured workers, should they be unable to perform the job that they had before they were injured. That was in the Bill. Do you have that same Section in this Amendment?"
"All we're doing with that Section, Representative Mays, is clarifying . All it says here, 'requires employer to pay for any rehabilitation which is reasonably necessary'." 60 STATE OF ILLINOIS 83RD GENERAL ASSE MBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 That's all. That's the language."
"Who determines?"
"The Industrial Commission. The Judge that's..."
"So the arbitrator or the Industrial Commission would determine what retraining is reasonably necessary?"
"That is correct."
"Okay. Yet, another Section of the Bill, which dealt with temporary total disability -and that was in the original Bill -how do you... Is that in the Amendment also?"
"No, it deletes that completely."
"Okay. And then my final question is, how are the Chicago police and fire currently covered for injuries that they have on the job site?"
"It would be my guess...I think... it would be my guess, like in Rockford or Peoria, they have their own pension program. If an officer is disabled on the job, I'm almost positive the pay goes on. And if he becomes disabled, his pension program picks up his disability payments, if there are any necessary, and his employer pays his medical costs. That's the way it is in Rockford."
"Okay, and in Chicago, if they're injured on the job, they're paid through the pension system. Is that correct?"
"Yeah. They are paid... they are paid... I think the first couple of weeks probably are paid by the City of Chicago, then their pension program picks it up, because they are disabled. And then if they become disabled, the pension program picks them up on the disability."
"Okay. We just adopted Amendment #3, which this Bill takes out as far as the State Mandates, as far as the state's liability for... We have that reintroduced as Amendment #8. Would it be your intent, should this Amendment be adopted, to support Amendment #8?"
"Well, I didn't support Amendment #3; and, if I could 61 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 regroup my forces, I'll not try to support #8. But if you prevail, you prevail. That's the business we're in."
"Alright. Mr. Speaker, to the Bill then."
"Proceed."
"There are a number of modifications, which I believe are constructive steps toward a compromise entailed in Amendment #4. However, the Gentleman is withholding his support, apparently, of Amendment #8, which would mandate that the City of Chicago pay for its own worker's comp costs. And on that basis, I feel it's in our interest not to support the Amendment as it stands."
"The Gentleman from Peoria, Representative Saltsman."
"Yes, Mr. Speaker. Move the previous question."
"Representative Saltsman has moved the previous question. The question is, 'Shall the main question be put?'. Those in favor say 'aye', opposed 'nay'. The main question is put. Representative Giorgi to close."
"I failed to point out one other thing, and this increases the membership of the Industrial Commission from five to seven members. They're all appointed by the Governor and confirmed by the Senate. And I reiterate that the three most important features are the written decisions should become optional, the new way of computing interest and the expedited hearing in case a worker is not given an expeditious hearing when they find that he's in an emergency situation. And I urge the adoption of Amendment #4."
"Representative Giorgi has moved the adoption of Amendment #4. Those in favor say 'aye', opposed say 'no'. Alright, those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted? Have all 62 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 voted who wish? The Clerk will take the record. On this question, there are 61 voting 'aye', 50 voting 'nay', and Amendment #4 is adopted. Further Amendments?"
"Floor Amendment #5, Ronan - Giorgi, amends House Bill 2172 as amended."
"The Gentleman from Cook, Representative Ronan, on Amendment #5."
"Thank you, Mr. Speaker, Members of the House. Amendment #5 is a pay raise Amendment for the arbitrators and the commissioners. What's happened is that these individuals have not received a pay raise since... the arbitrators since 1977. It's a minor increase of $4,500. And with the inflation that's occurred since 1977, it's long overdue. These individuals make decisions that affect millions of dollars in both the private sector and the public sector. And it's important that... in order to maintain quality individuals, they be given an adequate compensation. I move for the adoption of the Amendment."
"Representative Ronan has moved the adoption of Amendment #5. The Gentleman from Will, Representative Davis."
"Well yeah, Mr. Speaker, I think sometimes my remarks made in jest, I probably shouldn't use them, because my remarks in the last Amendment #4 were intended to lead me into an attack on the Industrial Commission which certainly needs an attack placed on it. They've ignored the mandate, ignored the law, and now Representative Ronan, who is a friend of mine and is always for pay increases for good employees, comes forth with an Amendment to raise the salary of these turkeys. And these turkeys are violating the law passed by this General Assembly. And I think this Amendment ought to be resoundingly defeated."
"The Gentleman from Cook, Representative 63 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Birkinbine."
"Thank you, Mr. Speaker. Will the Sponsor yield for a question?"
"He indicates he will."
"How much are the various people on the Commission being paid now, and how would these pay raises... what would that bring their salary up to?"
"At the present time, they're paid 34,000 a year, and this would bring up them up to 38.5."
"38,500 for members of the Commission, right?"
"No, that would be for the arbitrators."
"What about the members of the Commission?"
"Members of the Commission would go from 38,000 to 42.5."
"And the Chairman would go to 44,000. Is that right?"
"45.5."
"Thank you. To the Amendment, Mr. Speaker. I hope everybody heard those numbers. We're talking about raising the salaries of these people to 40, in the case of the Chairman, to $44,500, to members of the Commission itself, to about 42,000, I think he said, and to the arbitrators to $38,000 a year. Now I recognize that these people may not have had a pay raise in the last three or four years, in the last seven years. Well frankly, a lot of us who have been here the last five years can relate to that pretty well, because that's the exact amount of time, these last five years, that our salary has not gone up either. Now, I don't know how this is going to sit back in your area, but especially with the kind of work product that these people have been pumping out to jack their salaries up half again as much as we're getting paid, frankly, won't go over very well. I would recommend a 'no' vote."
"The Gentleman from Lake, Representative 64 STATE OF ILLINOIS 83RD GENERAL ASSE MBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Pierce."
"Will the Sponsor of the Amendment yield to a question?"
"He indicates he will."
"Aren't these the same arbitrators who, a few years ago, were twisting their ankles and then filing claims with each other for workmen's compensation, giving themselves large awards? You twist your ankle, and I'll twist my ankle. We will hear each other cases, and with our bad backs, and we'll award big awards to each other and not even report them publicly. Aren't these the same people who were doing that, Mr. Sponsor, that you want to give a pay raise to today?"
"Representative Pierce, obviously the reason that you want to raise the salary is because they are attracting more competent people. They're attracting better people. There's no question about in the past that there may have been abuses over at the Industrial Commission. But the goal is that if you pay people an adequate, decent salary as most attorneys make -you're an attorney, you know what an adequate, decent salary is for an attorney -you're going to attract a higher quality of an individual. There were abuses in the past. Now it's a requirement that there... an attorney... in order to be an arbitrator, you have to be an attorney. And hopefully, those aggressions of the past aren't going to happen in the future. The goal is to upgrade the Commission. These people make decisions similiar to Judges, multimillion dollar decisions that affect the economy of this state, and it's very important we have qualified, competent people making those decisions."
"Well, I think that's a good reply, and I think you did a good job. But my feeling is this, the problem with workers' compensation in Illinois is not our statutes that 65 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 are too generous or go too far but with the administration of the Industrial Commission which grant requires...in the first place, requires an attorney in every case. I wouldn't... Even though I'm an attorney, I wouldn't require an attorney in every case in workers' comp. And second, the administration is poor. There are no standards. And I think we have to send a message to an agency that is not performing, and that is the Illinois Industrial Commission. Wisconsin has an efficient Commission. Their benefits are about as good as ours, but they don't pay out the money that we do and have the abuses that we do. So I think we should send a message. Our university professors aren't getting caises. They're about the lowest paid in the Eig Ten now. We're losing people from our University of Illinois and from our other fine universities in the state. Why should we single out the Industrial Commission arbitrators and members who haven't been doing their job for a special pay increase at this time? And I will oppose the Amendment."
"The Gentleman from Pecria, Representative Tuerk."
"Mr. Speaker, Members of the House, what the previous Gentleman just said is true. There's no reason to give these people a pay raise at this point. In addition to the pay raise that the sitting members would get, if you recall, Amendment #4 added two more commissioners. So, you're adding to the load. In addition to that, Amendment #5 points out that they get an automatic increase of six percent on July 1, 1984, and six percent additional on July 1, '85 and six percent again on July 1, 1986. So really what you're doing here is not giving them just the pay raise right now, you're giving them a pay raise for the next three or four years. In addition to that, I might add 66 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 that with the Amendment that was adopted in 4, you're also giving the lawyers a pay raise, because you increased the interest rate, or you gave the interest rate on those claims. So the lawyers are going to get that increase, also. I would suggest that we reject this Amendment summarily and go on to the next Amendment."
"The Gentleman from St. Clair, Representative Flinn."
"Mr. Speaker, I move the previous question."
"Representative Flinn has moved the previous question. The question is, 'Shall the main question be put?'. Those in favor say 'aye', opposed 'nay', and the main question is put. Representative Ronan to close."
"Thank you, Mr. Speaker, Members of the House. I can listen to the rhetoric that people propose. Obviously, at times, pay raises are needed and are necessary. The only way these individuals are going to get a pay raise if we have the guts to do it. Last year, Members of the General Assembly voted a pay raise for Judges. I proudly supported that measure. I thought the Judges deserved more money. I think Members of General Assembly deserve more money; and, if I could ever find 59 members to join with me, I'd sponsor the pay raise for us, but nobody has the guts to vote for a pay raise for themselves. It's about time that we address a serious issue in this state. The arbitrators haven't had a raise since 1977. It's long overdue. If you keep the pay low, you're going to end up with political hacks in those positions. If you raise the pay, you're going to end up with more quality people, attorneys who know what they are doing and will hopefully do something to improve the business climate of this state. For once, I would like to see Members of the General Assembly vote for something that's good, something that's decent, something 67 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 that makes sense, not only for the arbitrators, but for the citizens of the State of Illinois. We've got to face the facts that pay raises have to be instituted when it's the responsibility of the General Assembly. And we shouldn't hide under rocks when a pay raise issue comes up. I move for the adoption of the Amendment."
"Representative Bonan has moved for the adoption of Amendment #5. Those in favor signify by saying 'aye', those opposed by saying 'no'. Those in favor signify by voting 'aye', those opposed by voting 'no'. Representative Jaffe, I'm sorry. The Gentleman from Cook to explain his vote."
"Yeah, Mr. Speaker and Members of the House, I rise in support of this Amendment. I would agree with my seatmate that the administration in the Industrial Commission has indeed been poor, but we're not going to get better administration by paying bad salaries. You know, it troubles me that we in the General Assembly always tend to pick on people who are in government. I don't know why people in government always have to be on the bottom rung of the ladder. It seems to me to be counter-productive. I know it's very popular politically to vote 'no' on this particular issue. But if you want to have some improvement in the administration of the Industrial Commission, what I suggest you do is you start paying better salaries. I would suggest to you that we get bad public servants, because we do not pay good salaries, and we're not able to coax people out who should be coaxed out. You know, these are positions that should be filled by lawyers, and you're not going to get a lawyer who is decent to sit as an arbitrator in the Industrial Commission if they're going to be paid the salaries that they're being paid today. So I think that a red vote is a bad vote. And really what 68 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 you're voting for is bad government."
"I understand... Oh yes, former Representative Bill Harris is in back of the room. Bill Harris, welcome. Representative Preston, one quick minute to explain your vote."
"Thank you, Mr. Speaker. I was waiting to see when the nonsensical and ridiculous remark would be made about this being again a Bill that helps lawyers. This is a good Bill, and I agree with the remarks of Representative Jaffe. The way to upgrade the Industrial Commission is not to keep them at a rate of pay that was the same as they were making seven years ago. That's not how you upgrade businesses. That's also not how you upgrade government. This is a good Amendment. I encourage people to vote 'aye'. We're only going to get what we pay for. If you don't pay the fare, you get lousy production."
"Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 29 voting 'aye', 77 voting 'nay', 3 voting 'present', and the Amendment fails. Further Amendments?"
"Floor Amendment #6, Tuerk, amends House Bill 2172 as amended."
"The Gentleman from Peoria, Representative Tuerk, on Amendment #6."
"Mr. Speaker and Members of the House, since Amendment #4 was adopted, we have another opportunity to adopt Amendment #6 and add to the Bill, which would improve the Bill. I would move for the adoption of the Amendment."
"Representative Tuerk moves for the adoption of Amendment #6. The Gentleman from Winnebago, Representative Giorgi."
"Mr. Speaker, this is a scarring Amendment, and I think that if they want a, you know, full blown debate on 8, 69 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 that's fine. But I think to save the time of the House, Representative Tuerk ought to withdraw 6 and 7, because he's got a vote on it already, and I think it's imposing on the House to run these Amendments through again. So I think it's... we should prevail on the Sponsor to pull the Amendment out, because he's had a vote 20 minutes ago."
"He asking you to withdraw. What's your response?"
"Negative."
"Alright."
"Then I urge the Members of the General Assembly to do what they did previously and defeat this Amendment."
"Representative Tuerk..."
"Ask for a Roll Call vote on this."
"...Moves the adoption of Amendment #6. Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 50 voting 'aye', 57 voting 'nay', and the Amendment fails. Further Amendments?"
"Floor Amendment #7, Tuerk, amends House Bill..."
"The Gentleman from Peoria, Representative Tuerk, on Amendment 7."
"Amendment #7 gives you the opportunity to vote on this as you did a while ago on Amendment #2. It's necessary to offer this Amendment to the Bill, because the Bill is different than it was a half hour ago. I would move for the adoption. It's the preexisting injury. We've debated the issue. I think nothing more need to be said, except to adopt the Amendment. And I would so ask for a Roll Call vote."
"Tuerk moves the adoption. Giorgi opposes. And the question is on the adoption of the Amendment. 70 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 49 voting 'aye', 62 voting 'no', and the Amendment fails. Further Amendments?"
"Floor Amendment #8, Davis - Mays - Tuerk, amends House Bill 2172."
"The Gentleman from Will, Representative Davis, on Amendment #8."
"Thank you, Mr. Speaker, Members of the House. #8 is a replay of #3 that exempts the State Mandates Act, so in order that the Chicago police and firemen may be covered under workers' compensation and that the rest of the state won't have to pay that bill. Amendment #8 is necessary, because Amendment #4 reversed out 3. So, we have to put it back on in Amendment #8. And I would request a Roll Call vote as well."
"Representative Davis has moved the adoption of Amendment #8. On that, the Majority Leader, Jim McPike."
"Thank you, Mr. Speaker. I think it's a good Amendment, and I think the Sponsor of the Bill should accept the Amendment."
"Representative Giorgi, do you agree?"
"Yes, except there is a technical problem. I understand the Amendment hasn't been promulgated."
"Promulgated."
"Is the... Has the Amendment been promulgated and distributed?"
"You better look that one up, Zeke. It's going to promulgated after we adopt it."
"If you want leave of the House to accept the Amendment from the suggestion of my Majority Leader, I'll accept the 71 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Amendment. But... Bowman's objecting."
"Representative Bowman, for what purpose do rise?"
"Well, the Amendment has not been printed and distributed. You need leave of the House, and I'd refuse to give leave."
"It's being distributed right now."
"Thanks."
"Be at ease for one moment. Giorgi has the Amendment. Is it alright now, Zeke? Has it now been promulgated? Representative Giorgi."
"When I get a copy, it's been distributed. And I'll go along with my Majority Leader and suggest that we support Davis' Amendment."
"Representative Davis moves the adoption of Amendment #8. All in favor say 'aye', opposed 'nay', and Amendment #8 is adopted. Further Amendments?"
"Floor Amendment #9, Didrickson, amends House Bill 2172 as amended."
"The Lady from Cook, Representative Didrickson, on #... Amendment #9."
"Thank you, Mr. Speaker, Members of the House. I offer Amendment #9 to House Bill 21..."
"One moment. The Gentleman... Representative McPike, for what purpose do you rise?"
"Do you have the Amendment, Zeke?"
"Has this Amendment been distributed?"
"Okay. Thank you."
"Alright. Proceed, Representative Didrickson."
"Does Representative Giorgi have it?"
"He's just waving his arms."
"Okay." 72 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Proceed."
"Thank you. I offer Amendment #9 to House Bill 2172. In essence what it does is the same... the Amendment is the same Bill that I offered in Committee that had the support of Rich Walsh of the AFL-CIO, and what it does is it places instead of the 'may', it says, 'shall, on its own Motion or on the request of either party, the Commission shall, in any decision, set forth in writing the reasons for the decision, including findings of fact and conclusions of law separately stated'. One of the problems that was mentioned earlier in terms of the written detailed decisions since 1980 was the fact that the Industrial Commission has been bogged down with a number of those detailed written decisions. This still is basically permissive. All we are asking is that any employee or any employer requesting such a written decision be allowed to have that in detail. I urge the adoption of this decision...this Amendment and ask for Representative Zeke Giorgi's agreement on this. I think there's a coming together in terms of the written decision."
"Representative... Representative Didrickson has moved for the adoption of the Amendment."
"And I would like a Roll Call vote."
"And the Majority Leader, Representative McPike, to give Giorgi his directions."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Yes, you said that this is permissive. How do you see that it's permissive when it changes the word 'may' to 'shall'? In that circumstances, how could it possibly be permissive, when you say they shall do it?"
"You are... Technically you are correct. I probably should not have said permissive. What... I agree. What I 73 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 was trying to say is the placement of the 'shall' there, rather than just allowing the Industrial Commission to decide whether or not such written detailed decisions will be awarded or handed out, that there may be a request from the employee or the employer. But, what I really wanted to say was that in not every decision we will need a written decision."
"To the Amendment."
"Representative McPike."
"I think that's the point that we are trying to make here is to say that the Commission has simply been bogged down in the written decisions. The Chairman of the Commission testified that she was spending $600,000 a year on these written decisions. So we tried to find a way to get out from underneath this paperwork, and we came up with a compromise. We probably think that 90% of all precedents of law have now been established. And I think it's redundant and unnecessary to burden the Commission with further paperwork simply to reiterate what they have already established in law. So we simply said that if a precedent has been established, it makes common sense to no longer require them to issue a written decision, because the precedent has indeed been established. However, we added that if a precedent has not been established, or if the Commission feels that it's a unique case, then under those circumstances, a new written decision shall be required so that in that way we continue to establish precedent in the State of Illinois. What she is doing is saying that our idea is crazy, that we should continue to mandate the Commission to spend $600,000 a year on paperwork, to hire 15 or 20 attorneys to do the same thing that they've done for the last three years, to generate a volume of paperwork that would fill a room for no practical 74 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 reason whatsoever. There's nothing permissive about this language. It simply says that we're going to spend $600,000 on paperwork every year for nothing. It's a ridiculous idea."
"Representative Tuerk from Peoria."
"Mr. Speaker, Members of the House, I rise in support of the Amendment. It's not a ridiculous Amendment. What the Gentleman that preceded my remark said, in effect, was that the laboring groups and the Democrat Party want to renege, and I say renege, on an agreement that was made in 1980. Now, you sit down and agree to something, and this provision of the law has only been in effect for one year. I say that's reneging on an agreement. Now just because it requires some additional time and effort and expense, I think it's a good investment in the future. I think it's something that should continue until such time that we have precedents set on many of the awards. And all they're trying to do is get out of an agreement that was made at the bargaining table some two, two and a half years ago. I say I think it's a good investment. I think it should continue. I think what Representative Didrickson has said is true. It does provide a semi-permissive situation here where people have to request. And I think it's something that should continue. I would move for the adoption and hope that the poeple in this chamber will support the idea."
"The Gentleman from St. Clair, Representative Flinn."
"Mr. Speaker, I move the previous question."
"Representative Flinn has moved the previous question. The question is, 'Shall the main question be put?'. Those in favor say 'aye', opposed 'nay', and the main question is put. Representative Didrickson to close." 75 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Yes. Thank you, Mr. Speaker, Members of the House. I would just like to remind people that with 2172, Amendment #4, we have increased the Industrial Commission from 5 to 7. This does not mean with Amendment #9 that we are going to have to have a written detailed description on every one of their rulings. This simply states that any employee or any employer may make that request rather than leaving that up to the Industrial Commission which, as written, is what it does. And I urge the adoption of this Amendment. And I ask for a Roll Call vote, please."
"Representative Didrickson has moved for the adoption of Amendment #9. Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 66 voting 'aye', 58 voting 'nay', and 2 voting 'present', and the Gentleman from Peoria, for what purpose do you rise?"
"I'd like to verify the negative."
"The Gentleman asks for a verification of the negative vote. And Representative O'Connell, for what purpose do you rise?"
"Can I be verified?"
"Leave to be verified. Leave. Poll the two absentees for Representative Giorgi. I think they're both unexcused absences probably."
"Poll of the absentees. Christensen and Hoffman."
"Alright. Alright, the Clerk... Representative Hoffman, for what purpose do you..."
"Mr. Speaker, I was trying to get your attention to explain my vote before I voted, and..."
"Oh, I'm sorry."
"You didn't recognize me, and it kind of hurt my feelings." 76 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"I didn't... I didn't see your light. I'm sorry."
"I would like to vote 'yes'."
"Record Representative Hoffman as 'yes'. What do we start with, Representative? 57 'ayes, 58 'nays', and the Clerk will call out the negative vote. Members be in their seat."
"Alexander, Berrios, Bowman, Braun, Brookins, Brunsvold, Bullock, Capparelli, Curran, Currie, DeJaegher, DiPrima, Domico, Doyle, Farley, Flinn, Giglio, Giorgi, Greiman, Hannig, Hicks, Homer, Huff, Hutchins, Jaffe, Keane, Krska, Kulas, Laurino, LeFlore, Leverenz, Levin, Matijevich, McGann, McPike, Mulcahey, Nash, O'Connell, Panayotovich, Preston, Rea, Rhem, Rice, Richmond, Ronan, Saltsman, Satterthwaite, Shaw, Slape, Steczo, Taylor, Terzich, Turner, Vitek, White, Wolf, Younge and Mr. Speaker."
"Representative Cullerton, for what purpose do you rise?"
"Change my vote to 'no', please."
"Change Cullerton from 'present' to 'no'. The Gentleman from Peoria, Representative Tuerk, do you have questions of the negative vote?"
"Representative Younge."
"Wyvetter Younge. Is Wyvetter Younge on the floor? I do not see her. Remove her from the Roll Call."
"White."
"Jesse White is in his seat. Proceed."
"Alexander."
"Alexander is in the aisle over here."
"Bullock."
"Representative Bullock is... Who is... Representative Younge is in the back. Return her to the 77 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Roll. Bullock. Oh, here he is right in front."
"Capparelli."
"Capparelli. Ralph Capparelli. I don't see him. Capparelli on the floor? He's not. Remove his name from the negative vote."
"Domico."
"Domico. Representative Domico is not in his seat. Remove him from the Roll Call."
"Currie."
"Currie is in her seat."
"Doyle."
"Doyle. Representative Doyle is not in his seat. Is Representative Doyle on the floor? I don't see him. Remove him from the Roll Call."
"Flinn."
"Flinn. Representative Flinn are you back there? I don't see him back there. Remove him from the Roll. Proceed."
"Giglio."
"Giglio is in the aisle."
"Rhem."
"Representative Rhem. Sylvester around? Oh, there... Yeah, he's in his seat there. There he is."
"Yeah, he's there. Ronan."
"Return Doyle to the Roll Call. Ronan. Where's Al at? I don't see him back there. Remove Ronan from the Roll Call."
"Satterthwaite."
"Return Capparelli and return Ronan. He's right here by the podium. Proceed."
"Satterthwaite."
"Satterthwaite is in her seat."
"Terzich." 78 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Terzich. I don't see Terzich. Remove him from the Roll Call."
"Fangle."
"Who?"
"Fangle."
"Fangle."
"I'm sorry, he's... he's on the right side. He's a good guy."
"He's where... he's on..."
"Vitek."
"We're not... We're not verifying the affirmative yet. Representative Vitek. Is Vitek in his seat? I don't see him. Return Terzich, and remove Vitek and return Domico. Return Domico. Remove Vitek. Proceed. Representative Mautino, for what purpose do you rise?"
"Thank you, Mr. Speaker. There's a message in some of those green votes up there. And in response to that, we understand that we're about two inches away from an agreed Bill. Part of that negotiations is that the provision embodied in the Amendments that have been adopted should remain so that that agreed Bill process would still be completed. In that regard, and in that regard only, I'll be happy to change my 'yes' vote to a 'no', but there's a message up there."
"With a message, change Mautino from 'yes' to 'no'. With a message, change Van Duyne from 'yes' to 'no'. Any more messages? Representative Fangle wants to give a message from 'yes' to 'no'. Representative Stuffle from 'yes' to 'no' with the message. Representative Yourell is part of that team. Yourell, 'yes' to 'no'. That was Stuffle, the last one. Breslin, are you part of that conglomerate? Breslin from 'yes' to 'no'. Mulcahey 'no'. Marzuki is waving his cane, 'no'. Marzuki... Mulcahey 79 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 'no'. Oh, I'm sorry. He said record me 'no'. Representative Tuerk, you give up?"
"Yeah. I would withdraw, at this point, the verification. I think what Representative Mautino said is absolutely correct. But I would besiege the Majority Leader on that side of the aisle to get down to some serious bargaining. And we'll talk about an agreed Bill. But up to this point, there hadn't been any real, real serious discussion along the line. There had been some preliminary discussion. I would hope that maybe they would continue, and maybe we can get to that point."
"Representative Tuerk withdraws his request for a verification. Would the Clerk tell me the final count? 51 'ayes', 63 'nos', one 'present', and the Amendment fails. Further Amendments?"
"No further Amendments."
"Has the fiscal been filed? I guess."
"There's no fiscal note filed."
"Hold the Bill. With leave of the House, we're going to return to some Bills where some fiscal notes have been filed and some other things been done. House Bill 272. Read the Bill. 272. Representative Mays, for what purpose do you rise?"
"Yes. On the Bill we just heard, did you say that there was no fiscal note filed?"
"The Bill is held on Second."
"Okay, thank you."
"Alright. 272, Representative Nash. Read the Bill."
"House Bill 272, a Bill for an Act to provide for job site safety inspectors with immunity from civil damages. Second Reading of the Bill. No Committee Amendments." 80 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Floor Amendments?"
"None."
"Third Reading. With leave of the House, the Rules Committee is now going to meet at noon in room 114. Do we have leave? Leave is granted. Alan Greiman in the Chair."
"The Rules Committee is going to be... going into session in the next few minutes, so that the Members of the Rules Committee should go to 114 for a meeting. We are returning now to the Order of House Bills Second Reading. And on the Order of House Bills Second Reading, appears House Bill 2184. Mr. Dunn, do you wish to call... Do you wish to proceed with that Bill? Mr. Clerk, read the Bill."
"House Bill 2184, a Bill for an Act to amend the Illinois Public Aid Code and an Act concerning custodians of public money. Second... Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"None."
"Third Reading. Now on the Order of House Bills Third Reading (sic - Second Reading), appears House Bill 2197. Mr. Clerk, read the Bill."
"House Bill 2197, a Bill for an Act to amend an Act to revise the law in relationship to counties. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Levin, amends House Bill 2197 by deleting lines..."
"Mr. Levin on Floor Amendment #1."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 to House Bill 2197 is very similiar to Amendment #2 that we adopted to House Bill 2213. It's my 81 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 desire to adopt Amendment #1, and then there is Amendment #2 that has been filed which it's my intention to withdraw. Adopting Amendment #1 would put this Bill in the same posture as House Bill 2213, which deals with authority for local jurisdictions to promulgate civil rights ordinances."
"The Gentleman moves for the adoption of House Amendment #1. Is there any discussion? Being none, all those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Further Amendments."
"Floor Amendment #2, Levin - Alexander, amends House Bill 2197 and so forth."
"Representative Levin."
"I ask leave to withdraw Amendment #2."
"The Gentleman withdraws Amendment #2. Further Amendments."
"No further Amendments."
"Third Reading. On the Order of House Bills Third Reading appears House Bill... I'm sorry, on the Order of House Bills Second Reading appears House Bill 2202. Representative Giorgi? 2202. Mr. Clerk, read the Bill."
"House Bill 2202, a Bill for an Act to amend an Act concerning wages of workers employed in any public works. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. The Order of House Bills Second Reading appears House Bill 2206. Mr. O'Connell, do you wish to proceed with that Bill? Mr. Keane, you're a hyphenated Cosponsor? Alright. Proceed. Read the Bill."
"House Bill 2206, a Bill for an Act to amend the Illinois Municipal Code. Second Reading of the Bill. No 82 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Committee Amendments."
"Are any Floor Amendments?"
"Floor Amendment #1, Alexander - O'Connell, amends House Bill 2206 on page one and so forth."
"Representative Alexander."
"Thank you, Mr. Speaker. Amendment #1 amends the Municipal Code. It defines 'conviction' for the purpose of an omission of the rough and corrupt depression. It merely says that in the event that an individual, a public elected official, has been found guilty of an act that he should be removed from office. This Amendment merely says that the imposition of a finding of guilty is not enough, and that the thirty day post-trial motion period, which is allotted in all matters, pending post-trial motions or appeal should be acknowledged before the court makes any move to delay... to remove the person from the office so elected. And I'd ask for the adoption of this Amendment."
"The Lady moves for the adoption of House Amendment #1. Is there any discussion? There being none, all those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. I... We skipped over... well, one of the House Bills. House Bill 2203, which is the preceding Bill. Mr. Clerk, read the Bill."
"House Bill 2203, a Bill for an Act to amend Sections of the Liquor Control Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Giorgi - Mautino."
"Mr. Giorgi."
"Mr. Speaker, Floor Amendment #1 allows that in a 83 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 political subdivision located in the City of Mendota, called Lake Park, shall be allowed to serve liquor consumed on premises, if the local governing body authorizes them. As it is now, the local governing body, which is not a home rule unit, does not have authority to license liquor for consumption in this Lake Park located in the City of Mendota. It's on highway 51. This is wanted by the municipal authorities in Mendota. And that's all the Amendment does."
"The Gentleman moves for the adoption of Amendment #1 to House Bill 2203. Is there any discussion? There being none, all those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Further Amendments."
"No further Amendments."
"On the Order of House Bills Second Reading appears... Oh, Third Reading, as to House Bill 2203. On the Order of House Bills Second Reading appears House Bill 2208, Mrs. Younge. Mr. Clerk, read the Bill."
"House Bill 2208, a Bill for an Act in relation to county property tax abatement, occupation and use taxes. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 2217. Mr. Preston, are you prepared to proceed with that? No, out of the record. On the Order of House Bills Second Reading appears House Bill 2218, Mr. Leverenz. Mr. Clerk, read the Bill."
"House Bill 2218, a Bill for an Act to add Sections to the Public Community College Act. Second Reading of the Bill. Amendment #1 was adopted in Committee." 84 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Representative Capparelli in the Chair."
"House Bill 2219, Farley. Clerk, read the Bill."
"House Bill 2219, a Bill for an Act to amend an Act in relation to the Chicago Park District. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any other Amendments?"
"No Motions filed. Floor Amendment #2, Farley, amends House Bill 2219 as amended and so forth."
"Representative Farley."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. There was a typographical error in the Bill, and what we are doing here with Amendment #2 is changing the word 'the' to the word 'be'. It's a technical Amendment. It was a drafting error. I Move the adoption."
"Any discussion? Any discussion? The man asks for adoption. All in favor say 'aye', those opposed say 'no'. 'Ayes' have it. Move to Third Reading. 2220, Currie. Clerk, read the Bill."
"House Bill 2220, a Bill for an Act to amend Sections of an Act concerning cities, villages and incorporated towns. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Have any Motions?"
"No Motions filed."
"Any Amendments?"
"No Floor Amendments." 85 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Third Reading. 2228, Representative Daniels. Clerk, read the Bill. Take it out of the record. 2231, Winchester. Clerk, read the Bill."
"House Bill 2231, a Bill for an Act to amend Sections of the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions."
"Any Floor Amendments?"
"Floor Amendment #1, Winchester, amends House Bill 2231 on page one and so forth."
"Representative Winchester."
"A question of the Clerk. Amendment #1 was a Committee Amendment, wasn't it?"
"No, there is no record of a Committee Amendment. Floor Amendment #1."
"Alright. Okay. So Amendment #1 would then make two technical changes to the Bill, and it would add as the effective date the 1985 registration year. This is asked...this Amendment is being offered by the Secretary of State's Office, and I would ask for a favorable 'do adopt'."
"Is there any discussion? All in favor say 'aye', opposed say 'no'. 'Ayes' have it. Third Reading. House Bill 2233, Ronan. Clerk, read the Bill."
"House Bill 2233, a Bill for an Act concerning the storage of capital for community services and improvements. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Floor Amendments?"
"Floor Amendment #1, Ronan, amends House Bill 2233 on page two and so forth." 86 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Representative Ronan."
"Thank you, Mr. Speaker and Members of the House. The Amendment to House Bill 2233 is the Bill. Basically, what it sets up is a funding package for the community programs."
"Any discussion? All in favor say 'aye', opposed say 'no'. 'Ayes' have it. Third Reading. House Bill 2234, Representative Currie. Clerk, read the Bill."
"House Bill 2234..."
"Out...out of the record. 2235, Representative Doyle. Out of the record. 2242, we'll take out of the record for the time being. 2243, Capparelli. Terzich will handle that. Clerk, read the Bill."
"House Bill 2243, a Bill for an Act to amend Sections of the Illinois Pension Code. Second Reading of the Bill."
"There any Motions?"
"No Committee Amendments. No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #1, Ebbesen, amends House Bill 2243 on page one, in line 25, 29 and 30 and so forth."
"Representative Ebbesen."
"I'd like leave to withdraw the Amendment."
"You withdraw the Amendment?"
"Yes."
"Any other Amendments?"
"Floor Amendment #2, Capparelli, amends House Bill 2243 in page one, in line one and five and so forth."
"Representative Terzich."
"Yes, Mr. Speaker. Amendment #2 includes the State Mandate Act...It's an exclusion of the State Mandate Act applying to these benefits."
"All in favor say 'aye', opposed say 'no'. 87 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 'Ayes' have it. Move to Third Reading. House Bill 2251, Representative Pierce. Read the Bill, Clerk."
"House Bill 2251, a Bill for an Act to amend Sections of the Illinois Income Tax Act. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #1, Representative Shaw, amends House Bill 2251 on page one, line one and so forth."
"Representative Pierce...Oh, Shaw, I'm sorry. Representative Shaw."
"Thank you, Mr. Speaker and Ladies and Gentlemen. This is a very simple Amendment here. What this Amendment does, it allows manufacturers of electronic data to donate this...their data to institutions of higher education for the purpose of use in those institutions, and it would allow the manufacturers to receive a tax credit. And, you know, we talk about high tech for the future of Illinois and the country, and unless we amend this Bill with this Amendment, an awful lot of the colleges and universities around the state would never be able to afford the type of equipment that we are talking about here. And I think it would help the employment situation of future years, and I think that this Amendment should be passed."
"Any discussion? Representative Hoffman."
"Thank you, thank you, Mr. Speaker. Will the Sponsor yield? Yes, Representative, you...you said that there was a tax credit. Now, did that tax credit apply to the corporate income tax, I assume, number one? Number two, and...and how was...what is...what is the amount of that credit and how is it to work?"
"That's right. What would happen here is that the...We are 88 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 talking about two million dollars for the entire State of Illinois, and that is both public and private universities throughout the state. And no company or manufacturer would be able to use any more...or claim any more tax credit than what their liability was."
"I'm...I'm sorry. No more tax credit than what?"
"Than what their liability is, tax liability, not exceed liability."
"Do...alright, thank you. Second question, are or is there a similar tax credit on the federal income tax?"
"There's a Bill now pending before the U. S. House dealing with this, and I expect it to...that it will pass."
"Is this the 'Apple' Bill?"
"I believe it is."
"From the Apple Corporation. There is a...there is one pending. Would that then provide a double tax credit?"
"No, that would...No, that would not provide a double tax credit."
"In other words, that they would get it on the federal, and then we would figure it again on the state against what the federal was?"
"No, they would not get it on the state."
"Alright. Now, let me clarify this. This is a tax credit, not a deduction."
"Right."
"In other words, it's right off the top. In other words, if their...if their corporate tax bill was a million dollars and they donated $400,000 worth of equipment, their bill would drop to $600,000, is that correct?"
"Right, that's right."
"Alright, so it is, in fact, a tax...tax credit?"
"Right."
"Is my recollection correct that we have no similar type 89 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 of legislation in place? In other words, do we have no other similar credits available to corporations, and this would be unique?"
"Yes, it would, to my knowledge."
"Alright. Thank you very much. Mr. Speaker, Ladies and Gentlemen of the House, to the Amendment. One thing we can say about the administration of the Illinois Income Tax Act, both individual and corporate, is that through all administrations, through Democrat and Republican administrations since this was enacted by that courageous Governor, Governor Ogilvie, back in 1969, we have protected and the Governor and Governors have protected the income tax, both individual and corporate, from additional exemptions, regardless of the cause, and they were all good. And this is a good cause. But I would suggest to you, Ladies and Gentlemen, that this particular Amendment, well intentioned, directed to a worthy cause, is and should be treated as all previous Amendments or attempts to amend the Income Tax Act of Illinois with additional exemptions and additional credits. And for that reason and that reason alone, I must stand in opposition to this Amendment, because we find ourselves in a position of being faced with the necessity to give serious consideration to revenue enhancement programs in this state this Session. And I am hopeful that we will not be taking away. For that reason, Mr. Speaker, Ladies and Gentlemen of the House, I must stand in opposition to this Amendment."
"Representative Vinson."
"Will the Gentleman yield?"
"Says he will."
"In your...in your Amendment, Representative, on lines 16, 17 and 18 you say that the total amount of the tax credit for all taxpayers in the state shall not exceed 90 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 $2,000,000 in any calendar year. How in the world would that be enforced?"
"The Department of Revenue."
"Well now, let's suppose that we have one taxpayer who files his tax return and claims a million dollar credit, and let's suppose we have a second taxpayer who files his tax return and claims a million dollar credit, and let's suppose we have a third taxpayer who files his claim, his return and claims a million dollar credit. Now, they have each claimed a million dollar credit for a total of three million dollars. Who is going to get the tax credit?"
"If...if you start in the...if you look at the Bill, at the Amendment, on line 19 through 23, that is taken care of. They would have to claim that the following year."
"Yeah, but how do you determine who gets the tax credit in the first year?"
"Whoever comes in first."
"What if they file on the same day?"
"That would be up to the Department of Revenue."
"So the Department of Revenue is going to have total discretion in determining who it gives the tax credit to?"
"Yes."
"Mr. Speaker, to the Bill. The concept of a tax credit for donating this kind of equipment to educational institutions is a concept I could support, but the process that the Gentleman envisions for granting the tax credit is not one that the I think the Assembly could endorse. The problem with his proposal is that he would vest, as he admits, total discretion in the Department of Revenue to determine who gets the tax credit. Now, I don't think you ever want to let the tax collector decide who can get the tax credit and who can't get the tax credit. That is something that is just not appropriate. If we are going to 91
"The Gentleman has moved for the previous question. All in favor say 'aye', opposed. 'Ayes' have it. Mr. Shaw."
"Mr. Speaker and Ladies and Gentlemen of the House, all of us in this House have talked about the young people of Illinois and the future of America and the industry leaving our state, and I think this would...this Amendment and this Bill would do something for the industry and the young people of our state. And certainly, on the other side of the aisle, they talk about it's going to cost too much money and how would you apply it, but this would be applied the same as any other tax credit by the Department of Revenue, who come in first, and if they come in at the same time, then the Revenue Department would have some means of handling that. But the bottom line is, we talk about high tech, and this would enable college students all around this state to engage in this, to learn something about it. This is the field of tomorrow, and I think this is a small start towards that end, and I believe that this 92 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 give people a tax credit, they ought to be able to claim the tax credit, and they ought to know what they are going to get out of the tax credit. I would suggest that the Gentleman withdraw the Amendment, come back in with a proposal which does, in fact, deal with this aspect of it, not give complete discretion to the Department to determine who is going to get the tax credit. In the absence of that, I oppose the Amendment. I request a Roll Call vote on the Amendment; and, if the Amendment should appear to get enough votes to be adopted, I would request a verification of the vote."
"Representative Flinn. Representative Flinn. Will you turn him on, please?"
"Thank you, Mr. Speaker. I move the previous question."
"The Gentleman has moved for the previous question. All in favor say 'aye', opposed. 'Ayes' have it. Mr. Shaw."
"Mr. Speaker and Ladies and Gentlemen of the House, all of us in this House have talked about the young people of Illinois and the future of America and the industry leaving our state, and I think this would...this Amendment and this Bill would do something for the industry and the young people of our state. And certainly, on the other side of the aisle, they talk about it's going to cost too much money and how would you apply it, but this would be applied the same as any other tax credit by the Department of Revenue, who come in first, and if they come in at the same time, then the Revenue Department would have some means of handling that. But the bottom line is, we talk about high tech, and this would enable college students all around this state to engage in this, to learn something about it. This is the field of tomorrow, and I think this is a small start towards that end, and I believe that this 92 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Amendment should be adopted. Thank you."
"Alright, there will be a Roll Call vote on this. All in favor vote 'aye', those opposed vote 'no'. Mr...Representative Hastert to explain his vote."
"Ladies and Gentlemen, well, I see the vote is going 'no', but I think you should listen to this. First of all, this allows corporations to take obsolete equipment that they have already taken a tax credit on, to hand it over to...a tax depreciation on, hand it over to a higher education establishment, a university, take another tax credit on it. There is no way to figure the carry-over on it. There is no...there is no answers...None of these questions are answered as to how you determine when the two million dollars is reached. There is really a...a lot of problems. The...revenue loss to the state could be more than two million dollars the way this Bill is interpolated. I...I just think it's a bad Amendment. It Maybe a good idea, but a bad Amendment, and I ask your 'no' vote."
"Representative Taylor."
"Thank you, Mr. Speaker and Members of the House. I think you ought to take a closer look at this particular Amendment. It is a good Amendment. I thoroughly support it, and I understand that there might be some problem, Representative Vinson. If there are any problems with this Amendment, we could correct those problems in the Senate, but I know that you are now on the verge of trying to get tax Bill passed through this House of Representatives. I think you ought to think about that, because there is an awful lot of Members on this side of the aisle that is concerned about this type of legislation. And that tax vote that I am going to make are going to be one that you are going to have to watch very closely."
"All who wish voted? All who wish voted? 93 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Clerk, take the record. On this Amendment, there are 41 voting 'yes', 60 voting 'no', 5 voting 'present'. This Amendment, getting the Constitutional Majority, is declared passed. You...you persist on your verification? I'm sorry. 41 'yes', 60 'nos', I'm sorry, Mr. Vinson. The...the Gentleman's Motion fails. Are there any more Amendments?"
"Floor Amendment #2, Winchester."
"Winchester."
"Leave to table Amendment #2, Mr. Speaker."
"You withdraw that Amendment, Sir?"
"Yes."
"Alright. Any more Amendments?"
"Floor Amendment #3, Winchester."
"Representative Winchester."
"Thank you, Mr. Speaker and Members of the House. Amendment #2 {sic - #3} excludes political committees from provisions requiring the declaration of an estimated tax under the Illinois Income Tax Act if such amount available as an estimated tax is expected to be more than $50. Such Amendment does not preclude the payment of taxes due to the state. Amendment #3 simply provides that such taxes be remitted to the state only once a year, rather than on a quarterly basis, and I would move 'do adopt'."
"Representative Greiman."
"Yeah, I...I just wanted to ask the Gentleman a question. Are political committees, and that is who this applies to, right?"
"Yes, political committees only."
"And are they...they taxable on the Illinois Income Tax since last year?"
"Yes, they are. Those who have money market certificates and other types of investments that earn 94 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 interest on their campaign funds, while not being spent, then they are required to pay both federal and state."
"So would other...other kinds of companies or entities be...would they have to pay every...every quarter?"
"Those that, I assume, fall under the category of corporations and partnerships and so forth, would continue to pay every quarter. Only campaign committees, political campaign committees recognized by the State Board of Elections would be allowed to not have to pay quarterly, only once a year."
"So we would be then cutting...out for ourselves an exemption of sorts?"
"Of sorts, yes."
"Thank you. Well, I think I...my tendency is to oppose this Amendment simply because while it's painful and aggravating to have to fill out estimates and whatnot, and, of course, because our money is often...comes in a seasonable...seasonal way, but that is true of other businessmen, and perhaps we would have more sensitivity about the forms that we impose upon small businesses if we also were required to fill out these things on a quarterly basis. So, I would tend to just oppose it for that reason, just because we ought not to get ourselves a perk. Thank you."
"Representative Cullerton."
"Yes, will the Sponsor yield? Representative Winchester, the current law right now, who would have to file quarterly tax returns?"
"Well, I...I can only answer as far as campaign committees. Right now, campaign committees have to comply with the same law as corporations, partnerships and others."
"But it's only on money that they earn, isn't that 95 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 correct?"
"It's only on money that they earn. That is absolutely correct. What this...for some of us who might have money market certificates, if it exceeds...if the estimated amount exceeds $50 every four months, then we have to fill out a quarterly form and send in that $50 plus that quarterly form. In my particular case, I would prefer to pay it once a year. I have been paying it...in many cases it has been less than $250, more than 200, but less than $250. This simply would say that my campaign committee would only have to do it one time a year and that's at the time that I fill out my state income tax."
"Okay, and the...and the arguments against it, of course, would be that the state would lose the benefit of the money earlier."
"Yes."
"Alright, and the arguments in favor of it are that we have to fill out so many reports as it is now that this is one other report that..."
"I think most of our campaign committees are one-man operations, you know. Generally, the Legislator or someone on his staff is the...is the treasurer. Generally it's the Legislator. It's just a difficult...I don't think the law originally was intended, you know, for campaign committees. It was just something that was overlooked. I have discussed this with the Director of Revenue. He suggested that this was the avenue that I take to do it."
"Did he tell you how much money is paid in income taxes by our political committees?"
"No, he did not, but I would doubt that it's too many, very many."
"Alright, and this applies not only to incumbent Legislators, but anyone who has a...political action 96 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 committee?"
"Anyone who has a political committee, from the Governor of the state right on down to the courthouse, if they have money market..."
"Well, now the Governor...now, the Governor has a lot of money."
"Well, he claims not, because he had a recent fund raiser."
"Okay, thank you."
"Representative Huff."
"Yes, thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Mr. Winchester, Representative Winchester..."
"Yes."
"What campaign committee would...account would be drawing interest? Do you..."
"Well, I'm one of the, I guess, the fortunate who have been able to successfully raise a considerable amount of money, and I have three or...two or three money market certificates that draws interest, and I have to pay federal income tax..."
"That's right."
"...46% on the interest that I earn, and then I pay so much to the Department of Revenue. Now, I don't mind paying that...that tax that I owe to the Department of Revenue. What I would like to do is just pay it once a year, instead of having to pay it quarterly, every four (sic three) months, filling out three forms, three sheets of paper which generally would require a CPA to have to do it, unless you are used to doing this kind of things, you're a businessman, and submitting it to the Department of Revenue with, generally, a check in the amount of about $50. And this just says that I can pay a check for 200 97 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 bucks one time a year at the time that I file my state income tax. I'm assuming that applies to others also."
"Well, I do know that...I do know that the federal government sends me these forms asking what bonds that I...that I may have converted my campaign committee funds into, and since I have not made any conversion, I never have to fill that form out. I would suggest if you...to avoid all this extraneous paperwork, Representative Winchester, that you...get...take your money out of those money market accounts and put them in the campaign committee noninterest-bearing accounts."
"Well, in response to that, probably this Amendment doesn't...is not adopted, that's what I will do. I just thought I would be a good American, leave that money in there and let it...you know, let the bankers play with it."
"Well, I'd rather say that than to say that this is a bad Amendment."
"Representative Vinson."
"Thank you, Mr. Speaker, Ladies and Gentlemen in the House. In order to clarify the record in regard to this issue, estates, trusts, partnerships, and corporations currently are permitted, under this Section of the Code, to do what Mr. Winchester proposes in the case of political committees. It is not a single exception. All of those other entities are permitted to do so."
"Mr. Winchester to close."
"Well, thank you, Mr. Speaker and Ladies and Gentlemen of the House. I don't really know if this affects any other Legislators, because I'm not concerned with the amount of monies they have in their campaign committees. I know what I have in mine. I know the difficulty that I'm having in complying with the paperwork requirements on a quarterly basis. I've discussed it with 98 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 the Department of Revenue. They indicate that this is just going to be a very few amount of people that this will apply to. It may apply to some of you later, where it does not now, but it just simply lets you pay your taxes on your campaign committee interest that is earned on either savings accounts or on money markets. It lets you pay it that one time a year, at the time when you normally pay your own personal income tax, instead of having to fill out those two or three pages of forms and submitting them on a...on a quarterly basis and sending in a check for about $50. Instead you can just send it in at one time for two hundred. I don't think I'm doing anything earthshaking here or causing any...any other large groups of people to be exempted. It's just a...a simple little Amendment to take care of a problem that Department of Revenue agrees with."
"The question is on the Gentleman's Motion for the adoption of Amendment #3. All in favor 'aye', all opposed 'nay'. Roll Call. All those in favor vote 'aye', all those opposed vote 'nay'. Voted who wish? All voted who wish? Clerk, take the record. On this Motion, there are 57 'yes', 44 'no' and 2 voting 'present'. The Chair...In the opinion of the Chair, the 54's have it. The Motion is adopted. Are there any more Amendments?"
"Floor Amendment #4, Pierce."
"Representative Pierce."
"Mr. Speaker, with the adoption of Amendment 3, Amendment 4 is now out of order, and I'd like to have it redrafted so it will be in order. At any rate, we couldn't go to Third Reading on this Bill today anyway, because there is a request from the Republican side of the aisle for a fiscal note on the Bill as amended, and the Bill has been amended by Amendment 3. So it has to be held on Second anyway. So 99 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 I'll...I would like to take Amendment 4 out of the record and take the Bill out of the record at this time. Amendment 3, of course, was adopted."
"The Gentleman withdraws Amendment #4. There is a fiscal note requested, and this Bill will remain on Second Reading. There has been a request to go to House Bills Third Reading, Short Debate on page 15, which has been cleared with the Republican side and the Democratic side because this Bill has to be out today. It's House Bill 751, Representative Brookins. Clerk, read the Bill."
"House Bill 751, a Bill for an Act to amend Sections of the Election Code. Third Reading of the Bill."
"Representative Brookins."
"Yes, Mr. Speaker, this Bill would allow for principals or his designee to be registrars for the Board of Elections and register high school students at age 18 that are eligible to vote."
"Does anyone stand in opposition? Representative Hoffman."
"Looking...looking at the analysis, it appears to me that you are requiring each principal or his designee of each high school to be deputy registrars? It that what this says?"
"That is correct."
"Other words, you are going to...you are going...now, is this general application to the entire state?"
"Mr. Speaker, let me correct him on that. That allows each principal or his designee to be registrars for the Board of Elections It is permissible or permissive."
"Alright, thank...thank you. I'm sorry, I was looking at the analysis before the adoption of Amendment 1. Fine. Thank you, I'm sorry."
"Does anyone stand in opposition? Alright 100 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 then, the question is, 'Shall House Bill 751 pass?'. All in favor vote 'aye', all opposed, vote 'nay'. Have all voted who wish? Have all voted who wish? Clerk, take the record. On House Bill 751, there are 93 'yes', 17 'no', 2 voting 'present'. This Bill, getting a Constitutional Majority, is declared passed. We'll now go back to House Bills Second Reading, page 13, and we'll go back to one Bill that was passed over, 2242, Representative Madigan, but Representative Giorgi will stand in for him. Representative...No. Clerk, read the Bill."
"House Bill 2242, a Bill for an Act creating the Crime Stoppers' Advisory Council of the State of Illinois. Second Reading of the Bill. No Committee Amendments."
"Any Motions."
"No Motions filed."
"Any Amendments from the floor?"
"Floor Amendment #1, Madigan - Churchill - Giorgi - Curran and Mulcahey."
"Representative Giorgi."
"Mr. Speaker, Amendment #1 is the...is the Bill in that it has to do with the appointment of the members, and what the Bill says is, 'four appointed members from Members of the General Assembly, one appointment each by the President of the Senate, Speaker of the House and Minority Leader, seven Republican Members as follows: one by the Governor, two by the President of the Senate, one by the Minority Leader of the Senate, two by the Speaker of the House, and one by the Minority Leader of the House, and I urge the adoption of the Amendment."
"The question is on the Gentleman's Motion. 'Shall Amendment #2 be adopted?'. All in favor say 'aye', opposed. Amendment 1, 'ayes' have it. Amendment is adopted. Are there any more Amendments?" 101 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"No further Amendments."
"Third Reading. House Bill 2265, Capparelli. Terzich...64, 2264, sorry. Representative Terzich will handle that."
"House Bill...House Bill 2264, a Bill for an Act to add Sections to the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #1, Ebbesen."
"Representative Ebbesen."
"Leave to withdraw the Amendment."
"Gentleman have leave to withdraw the Amendment? All in favor say 'aye'. Are there any more Amendments?"
"Floor Amendment #2, Capparelli."
"Representative Terzich."
"Yes, Mr. Speaker, and a very good one at that, I might add. Amendment #2 amends the State Mandate Act to make the increased cost attributable to these provisions not reimbursable by the state, and I would move for its adoption."
"All in favor of Amendment #2 say 'aye', opposed. Representative Ewing, I'm sorry."
"I couldn't understand his...well, it's awful close to being mumbled, if you can understand what I say."
"Representative Greiman in the Chair."
"Mr. Speaker, could we ask him to re-remumble his explanation so that all of us on this side could hear?"
"Mr. Terzich."
"It was the State Mandate exclusion, Representative Ewing, you know, where it excludes the state from 102 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 reimbursing under the State Mandate Act. It's the exclusion. Watch my lips, please."
"On the Bill, or on the Amendment, Mr. Ewing?"
"Yes, Mr. Speaker."
"Mr. Ewing."
"What the Sponsor is saying then is he's just putting the exclusion on the Bill. Thank you."
"That's correct. Thank you, Representative Ewing."
"Is there any further discussion? Mr. Terzich to close."
"I just did, Mr. Speaker."
"Alright, thank you. The question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Third...Are there further Amendments?"
"No further Amendments."
Third Reading. On the Order of House Bills Second Reading appears House Bill 2265. Mr. Clerk, read the Bill."
"House Bill 2265, a Bill for an Act to amend Sections of the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Capparelli."
"Mr. Capparelli."
"Mr. Speaker, this is the Amendment that the Republican Party on the other side asked me to add. It just eliminates the State Mandates Act, making the reimbursable...nothing reimbursable by the state. I would ask for its adoption."
"Gentleman moves for the adoption of Amendment #1 to House Bill 2265. Is there any discussion? There 103 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 being none, the question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 2266. Mr. Clerk, read the Bill."
"House Bill 2266, a Bill for an Act to amend Sections of the Election Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Bullock-Taylor."
"Mr. Bullock. Yes, excuse me, Representative Vinson, for what purpose do you rise, Sir?"
"Mr. Speaker, there have been two Floor Amendment #1's distributed. One bears 'Bullock-Taylor' and one bears 'Bullock-Tate' as the sponsorship, and I wonder if we could establish who the appropriate sponsorship is and..."
"Let me check with the Clerk and I'll be with you, yes. Apparently, there was a misunderstanding as to whether it should be Representative Tate or Representative Taylor. The appropriate Sponsor is Taylor, and so the Amendment will be sponsored by Representatives Bullock and Taylor. Alright? Now, on Amendment #1, Mr. Bullock."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #1 is a clarifying Amendment. Amendment #1 intends to make certain that persons are not guilty of vote fraud unless they take reasonable action to cancel out or change their prior registration. It is a substantive Amendment, but it is intended to clarify the language. I know of no opposition to the measure, and I would ask for its adoption." 104 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"The Gentleman moves for the adoption of House Amendment #1 to House Bill 2266. And is there any discussion? On that, the Gentleman from Lee, Mr. Olson."
"Will the Sponsor yield?"
"He indicates that he will."
"Thank you, Mr. Speaker. Representative Bullock, Amendment #1, is it intended to be technical nature, or is it very much in line with the intent of the Bill to reduce the penalty for perjury from a Class 3 felony to a misdemeanor?"
"Mr. Bullock."
"Representative Olson, the intent is for it to be a substantive change. It does not in any way deal with the penalty for violating the Act. The Amendment is intended to say that a person, in layman's language, a person who moves from one voter address to a new voter address and registers there, that person obviously would make the necessary action to cancel out the prior registration. This Amendment is to protect a person who would, in fact, move and merely forget to cancel out, but the intent of the Bill is to...is to identify persons who knowingly, knowingly register in more than one address and, in fact, violate the rights of all of us who can only vote once."
"Mr. Sponsor, isn't this already a part of the law?"
"No, it's not. The law deals with fraud under federal Acts; and, of course, this is intended to...codify into Illinois law that a person who knowingly registers violates the Act, but we can discuss that probably on Third Reading. This Amendment does not deal with the penalty at all."
"Wouldn't the election authority have the responsibility to enforce what is currently in Code?"
"Well, of course, they have the authority to do it, but most of us know, as is the case with your Minority Leader 105 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 sponsored vote fraud packages, it simply has not been done, and we want to encourage it with this legislation."
"To the Bill, Mr. Speaker."
"Proceed, Sir."
"I would recommend that we reject this Amendment and keep the Bill in the form in which it was offered, which is really dealing with the substantive nature of reducing perjury from a felony to a misdemeanor, and I recommend rejection of this Amendment."
"The Gentleman from Cook, Representative Bowman."
"Thank you, Mr. Speaker. I rise in opposition to the Amendment, not...not the intent, surely, but I think the Amendment was not properly drafted. At the present time, when in...in my area of the state, where... when somebody moves, they re-register at their new address. They do not, at the present time, take any steps to cancel their registration at their former address, because they know the canvassers, who are hired by the Board of Election Commissioners, will come around and take their names off the...the poll lists at their former address. There is no provision, for when a person registers in person at a new address, for them to take steps to cancel their registration at their former address. And so, it seems to me that what Representative Bullock is trying to do is to prevent a situation where people will register at more than one address with deliberate intent to vote at more than one address, and I think what I would do, if...if I were Representative Bullock, is that I would modify the Amendment in some way to put a state of mind, that is to say, an intent into the Amendment. He does have the word 'knowingly', but in this case, I think...I don't think that goes far enough. I think one also has to indicate an 106 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 intent to vote in more than one location, because a person could knowingly register in two locations, having moved from one to another, knowing that they registered in both places but on the assumption that their name would be taken off of the former place. They have no intent to go back to the former place to...to vote. And so, I think one would have to put an intent provision in the Amendment."
"The Gentleman from Winnebago, Mr. Hallock."
"Would the Sponsor yield for a question?"
"He indicates that he will."
"Requiring the voter to take reasonable action to cancel or change, what does that mean exactly? What is reasonable action in the sense that it affects all voters?"
"Well, in the Election Code, the intent of using the phrase 'reasonable' is that a party who registers at a second address, understanding that he can only vote at one address, would, in fact, in Cook County, send in their voter registration card to the Board of Elections and on the back, they verify the old and the new address. That is a reasonable action on...on his part. I construe that as a reasonable action. In Winnebago County, I don't know if you use the same process. A check on this is that the judges of election 30 days before the election are employed to do canvassing and then they go around. But we are saying with this legislation and with this proposed Amendment that the reasonable action to cancel or change would, in the case that I have indicated, say that the person sends in their voter registration card or makes an effort to go downtown, if they have lost their card, and cancel it out."
"What would happen in the case where a person may be deceased? Would this preclude the election authorities from removing him because he couldn't take reasonable 107 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 action?"
"Oh, of course not, of course not. You know better than that, and everyone in this Body knows better than that. If a person is deceased, it is the responsibility of the Board to cancel off that person's voter registration. But I doubt seriously if the person is deceased that they will try and vote in the second address."
"Mr. Hallock on the Bill."
"Yes, to the Amendment, and I usually have the priviledge of supporting a lot of Representative Bullock's ideas, but it would seem to me that what we discuss here in the General Assembly about what is reasonable and what occurs in reality in many election precincts around the state are two different things. I think this is a very bad idea and; furthermore, to reduce it from a felony to a misdemeanor really takes the teeth out of this law. If we want to have strong election laws in our state, prevent voter fraud, we have to beat this Amendment. Thank you."
"Is there any further discussion? There being none, Mr. Bullock to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I guess this is probably like a snowball and except some people have nightmares, and they wake up and think it's reality. A lot of misinformation about the Amendment. Individuals on the opposite side of the aisle understand the legislation, for many of them are Cosponsors of Representative Daniels' reform, quote-unquote, 'Election Reform' package. This Bill...this Amendment is intended to attack vote fraud. It is intended to attack vote fraud by punishing people who knowingly register at two addresses; and, of course, this Amendment is intended to remove from punishment honest individuals who merely omit changing their addresses at a...as they register at a new address. 108 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 I certainly urge an 'aye' vote on the Amendment. It's positive Amendment, and it's intended to diminish vote fraud in our election process."
"The question is, 'Shall Amendment #1 be adopted?'. All those in favor signify by saying 'aye', opposed 'nay'. In the opinion of the Chair, we should have a Roll Call. All those in favor signify by voting 'aye' and those opposed vote 'nay'. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Amendment, there are 57 voting 'aye', 47 voting 'no', 1 voting 'present', and this Amendment is hereby adopted. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 2267. Mr. Clerk, read the Bill."
"House Bill 2267, a Bill for an Act to amend Sections of the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Capparelli."
"Mr. Capparelli."
"Mr. Speaker, Amendment #1, when the Bill was drafted in its first stage, they left off two complete pages of revisionary annuity table, and its been put in. It also gives us the Mandates Act, State Mandates Act and contains an immediate effective date provision. I would ask you to adopt Amendment #1."
"Gentleman moves for the adoption of Amendment #1 to House Bill 2267. Is there any discussion? There being none, all those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it and the Amendment is adopted. Further Amendments?" 109 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 2268. Mr...Mr. Clerk, read the Bill."
"House Bill 2268, a Bill for an Act to amend Sections of the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Capparelli."
"Mr. Capparelli."
"Just includes the State Mandates Act exclusion, and that is all that that does and ask for the adoption of Amendment #1."
"Gentleman moves for the adoption of Amendment #1 to House Bill 2268. Is there any discussion? There being none, all those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Further Amendment?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 2269. Mr. Cullerton. Mr. Clerk, read the Bill."
"House Bill 2269, a Bill for an Act to amend Sections of the Inheritance and Transfer Tax Law. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 2274. Mr. Clerk, read the Bill." 110 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"House Bill 2274, a Bill for an Act to amend Sections of the Illinois Income Tax Act. Second Reading of the Bill. No Committee Amendments."
"Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 2282. Mr. Clerk, read the Bill."
"House Bill 2282, a Bill for an Act to amend Sections of the Illinois Income Tax Act. Second Reading of the Bill. No Committee Amendments."
"Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 2285. Mr. McAuliffe. Mr. McAuliffe in the House? Alright. Mr. Clerk, read the Bill."
"House Bill 2285, a Bill for an Act to amend Sections of the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 2290. I'm sorry, 2287. House Bill 2287 on the Order of Second Reading. Mr. Clerk, read the Bill."
"House Bill 2287, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments." 111 STATE OF ILLINOIS 83RD GENERAL ASSE MBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Third Reading. On the Order of House Bills Second Reading appears House Bill 2290. Mr. Clerk, read the Bill."
"House Bill 2290, a Bill for an Act in relation to the Illinois Development Finance Authority. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, Ewing."
"Mr. Ewing. Has it been printed and distributed, Mr. Clerk?"
"No, it's not printed and distributed yet."
"Mr. Stuffle, do you have a Motion? Mr. Vinson, for what purpose do you rise, Sir?"
"Mr. Speaker, I would request that this Bill be taken out of the record so that the Minority Leader may speak with the Speaker in regard to it."
"Mr. Stuffle."
"We would agree with that as long as we can get back to it today."
"Alright, Mr. Vinson, on the understanding that we will go to this without regard to the Calendar, our place in the Calendar, we will...it will be taken out of the record. Is that understood? Thank you. Alright, we are going to go back on the Order of Second Reading and pick up the Bills where there is...where the Sponsors were not available at the time of Bill being called. On the Order of House Bills Second Reading appears House Bill 2047. Mr. Clerk, read the Bill. It's on page 11."
"House Bill 2047, a Bill for an Act to amend Sections of the Election Code. Second Reading of the Bill. No Committee Amendments." 112 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Are there any Floor Amendments?"
"None."
"Third Reading. On the Order of Second Reading appears House Bill 1948. 1948. Mr. Clerk read the Bill."
"House Bill 1948, a Bill for an Act to amend Sections of the Revenue Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills Second Reading appeares House Bill 2012. Mr. Clerk read the Bill."
"House Bill 2012, a Bill for an Act relating to Public Financing of gubernatorial campaigns. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, Madigan-Yourell, amends House..."
"Mr...Mr. Yourell. Mr. Yourell. Yes, Mr. Vinson."
"How did we get to this Bill?"
"We're moving back on Bills that had been...had been passed."
"I don't believe that there is any authority in the rules to provide for that."
"We...understood that there was an agreement, an understanding on that, Mr. Vinson."
"There is no agreement in regard to House Bill 2012."
"We'll just sit at ease for just a second. Mr. Preston, I would ask you to withdraw 2012 and we'll be...It 113 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 will come up on the Regular Calendar at times. Now, on the Order of House Bills...Yes, Mr. Birkinbine, for what purpose do you seek recognition, Sir? On the Order of House Bills Second Reading appears House Bill 1898. Mr. Clerk, read the Bill."
"House Bill 1898, a Bill for an Act to amend the Election Code. Second Reading of the Bill. No Committee Amendments"
"Any Floor Amendments? Mr. Clerk, could you correct the board?"
"Floor Amendment #1, McCracken, amends House Bill..."
"Mr. McCracken."
"Thank you, Mr. Speaker. Amendment #1 merely includes voter affidavits to that which is discoverable under the Bill. I ask for its favorable adoption."
"Is there any discussion? Yes, Mr. Cullerton."
"I didn't hear what the Gentleman said and usually, when people speak low like that, it makes me suspicious."
"Mr. McCracken, would you state that in a loud, firm way so that Mr. Cullerton can hear you?"
"You bet. This adds voter affidavits to that which can be discovered pursuant to the provisions of the Bill."
"Mr. Cullerton. Mr. Cullerton, are you seeking recognition? No, alright. Is there any discussion? There being none, the Gentleman moves for...for the adoption of Amendment #1 to House Bill 1898. All those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it. The Amendment is adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1866. Mr. Clerk, read 114 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 the Bill."
"House Bill 1866, a Bill for an Act to amend various Acts to alter inspection and payment requirements in public health programs. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Deuchler."
"Ms. Deuchler."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment 1 to my House Bill 1866 removes all references to the Renal Disease Act and the Hemophilia Act. It adds that the Department of Public Health may exercise discretion regarding inspections when based upon past inspections of a facility that has been in substantial compliance. It requires inspections by the Department of Public Health at least once every three years. This Amendment is presented in an effort to tighten the original Bill pursuant to our discussions in Committee."
"The Lady moves for the adoption of Amendment #1 to House Bill 1866. Is there any discussion? There being none, all those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1790. Mr. Clerk, read the Bill."
"House Bill 1790, a Bill for an Act to amend Sections of the Criminal Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills 115 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Second Reading appears House Bill 1559. Mr. Clerk, read the Bill."
"House Bill 15..."
"Mr. Clerk...alright. Read the Bill, Mr. Clerk."
"House Bill 1559. This Bill has been read a second time previously. There were no Committee Amendments."
"And no Floor Amendments?"
"No Floor Amendments."
"A fiscal note has been filed on this. We'll move it to Third Reading. On the Order of House Bills Second Reading appears House Bill 1938. Mr. Clerk, read the Bill."
"House Bill 1938. This Bill has been read a second time previously, and Committee Amendment #1 was adopted."
"Are there any Motions?"
"No Motions."
"Any Floor Amendments?"
"There were no Floor Amendments. The Bill was held for a fiscal note."
"Has the fiscal note been filed on it?"
"Fiscal note is filed."
"Alright then, Third Reading. On the Order of House Bills Second Reading appears House Bill 1369. Mr. Clerk, read the Bill."
"House Bill..."
"This Bill has been read a second time also, is that correct?"
"House Bill 1369, a Bill for an Act to amend Sections of the Public Community College Act. Second Reading of the Bill. No Committee Amendments." 116 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Are there any Floor Amendments?"
"None."
"And has the fiscal note been filed?"
"Fiscal note is filed."
"Third Reading. Order of House Bills Second Reading appears House Bill 929. Mr. Cullerton, for what purpose do you rise, Sir?"
"I'm going to make the same objection that Representative Vinson made. You know, this is ridiculous."
"Mr. Cullerton, I have no objection to taking it out of the record. That's fine if that's what you prefer, Sir. We are...we are now moving to the Order of House Bills Second Reading, and we are beginning at the beginning of the chronological number of those House Bills, on page four of the Calendar. On the Order of House Bills Second Reading appears House Bill 3. Mr. Levin. Out of the record. On the Order of House Bills Second Reading appears House Bill 16, Miss Topinka. Out of the record. On the Order of House Bills Second Reading appears House Bill 197. Mrs. Oblinger. Mr. Clerk, read the Bill."
"House Bill 197, a Bill for an Act to amend Sections of the Illinois Pension Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, Ebbesen."
"Mr. Ebbesen."
"Leave to withdraw the Amendment."
"Gentleman asks leave to withdraw Amendment #2 to House Bill 197. Are there further Amendments?"
"No further Amendments."
"Have the...pension impact note, has it been 117 STATE OF ILLINOIS 83RD GENERAL ASSEMBEY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 filed?"
"Pension impact note is filed. There was a request for a pension impact note as amended by Amendment 2. However, Amendment 2 is withdrawn."
"Amendment 2 has been withdrawn. Third Reading. On the Order of House Bills Second Reading appears House Bill 207. Out of the record. On the Order of House Bills Second Reading appears House Bill 220. Mrs Topinka. Mr. Clerk, read the Bill."
"House Bill 220, a Bill for an Act in relation to municipally-owned public utilities. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"None."
"Third Reading. Mrs. Topinka, for what purpose do you seek..."
"Yes, Mr. Speaker, I'd like leave of the House at this point to table House Bill 220."
"The lady asks for leave to table House Bill 220. Does the lady have leave? She does, and House Bill 220 is tabled. On the Order of House Bills Second Reading appears House Bill 234. Out of the record. On the Order of House Bills Third Reading (sic -Second Reading) appears House Bill 252. Mr. Levin. Out of the record. On the Order of House Bills Third Reading (sic - Second Reading) appears House Bill 272. Mr. Nash...we moved that one, alright. On the Order of House Bills Third Reading (sic - Second Reading) appears House Bill 275. Out of the record. On the Order of House Bills Second Reading appears House Bill 289. Mr. Cullerton. Mr. Clerk, read the Bill."
"House Bill 289, a Bill for an Act to amend Sections of the Juvenile Court Act. Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee." 118 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #3, Bopp."
"Mr. Bopp. Gentleman withdraws Floor Amendment #3. Are there further Amendments?"
"Floor Amendment #4, Cullerton."
"Mr. Cullerton."
"Wish to withdraw Amendment #4."
"Gentleman withdraws Amendment #4. Are there further Amendments?"
"Floor Amendment #5, Cullerton."
"Alright. Mr. Cullerton."
"Thank you, Mr. Speaker. Mr. Speaker, Amendment #5 is the same as Amendment #1. Amendment #1 and 2 were adopted in Committee, but they were adopted in the incorrect order, so that Amendment #1 would...as it stands now is out of order. So, I would move that we adopt Amendment #5, which is the same as Amendment #1."
"Gentleman moves for the adoption of Amendment #5 to House Bill 289. Is there any discussion? There being none, all those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 312. Mr. Clerk, read the Bill."
"House Bill 312, a Bill for an Act in relation to work study program for high school students living in areas of high unemployment. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?" 119 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Floor Amendment #1, Taylor."
"Mr. Taylor."
"Thank you, Mr. Speaker. Amendment #1 to House Bill 312 strikes everything after the enacting clause; and, in a sense it makes it a better Bill. It is hereby declared to be in the public interest and to be the policy of this state that the high school student should be provided with the opportunity to develop employment skills while completing their high school education, and high school students shall not be prevented from completing their high school education due to economic hardships. What this is is that in areas of...where unemployment is 12% or more, that we should be able to allow a partnership program, and this particular legislation today would deal with a partnership program with the state and the Federal Government and the employee. And I move for adoption of Amendment #1 to House Bill 312."
"Gentleman moves for the adoption of Amendment #1 to House Bill 312. Is there any discussion? The Gentleman from DuPage, Mr. Hoffman."
"Thank you, Mr. Speaker. Would the Sponsor yield to a question?"
"He indicates that he will yield for a question."
"Is there any state money involved in this?"
"We are asking for state money in that."
"How much?"
"Right now, two mills."
"I'm sorry, I didn't think I heard that."
"Two million in the appropriation Bill."
"Two million?"
"Yes."
"Where...where is that appropriation Bill?" 120 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"The Appropriation Committee is working on it right now."
"Excuse me. I'm sorry, I was unable to hear that."
"I said the Appropriation Committee is working on it right now. I have discussion on it. As you know how the Appropriation Committee operates, they have not given me the Bill at this particular time."
"Alright, so this...this Amendment provides that we will match...we will match dollars... we will pay half of the cost of the work study program, is that correct?"
"That is correct, plus the fact that, due to the fact that we are getting this money from the Federal Government for the work training program, I feel that this is an excellent opportunity for the state to be able to do a better job in terms of giving training to those children in economic development areas."
"Thank you very much, Mr. Sponsor. I believe this Bill has been introduced in this form or other forms by this Sponsor since he first graced these halls with...with his presence. These Bills have met the same fate time after time, and he is diligent and he continues to introduce this legislation which, of course, is laudable in purpose. However, we find ourselves in a situation in this state today where we can't even pay for the programs that we...that we have in place, and this General Assembly, through its collective wisdom over the years, has placed many, many programs in place; and, in some cases, we paid for all the programs. In other cases, we paid for part of them. In other cases we have paid for hardly any of it. But be that as it may, now does not seem to me to be a particularly propitious time in which to enact a new program. All due respect to the Sponsor and his...and his interest in this program, I would request a 'no' vote on his Amendment." 121 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Further discussion? The Lady from DuPage, Miss Nelson."
"Thank you very much, Mr. Speaker. I also, somewhat reluctantly, rise against Amendment #1. I believe that the Sponsor hopes to assist those young people in areas of high unemployment; but, as presented, the Bill actually gives the money to private businesses, and it is those private businesses who would get the break that is allowed under this Amendment. I think that that is a mistake at this time. And I would like to perhaps think of some better way to help youth in high unemployment areas than Amendment #1. I would request a 'no' vote."
"Is there further discussion? The Gentleman from Cook, Mr. McGann."
"Thank you, Mr. Speaker, Members of the Assembly. I'm very concerned in regards to this Amendment. I'm most supportive of it. I think it's a good Amendment, just as the Bill is. You can't realize the problems that are existing in the Chicagoland area with the high unemployment and the problems with our young people. We did have a federal program that was to be similar to this program. It was administered well, and it provided, I believe if not wrong, 80-20. It did a good job. Unfortunately, part of that program has been done away with due to the federal crunch, but we still have a responsibility for our people. And I believe that we should be starting in this area. I know a lot of money is wasted on different programs, but I don't think the money will be wasted in this area. It's going for a good cause. It's going to help the young people to work and still continue their education. I hope that you will support this Amendment. Thank you, Mr. Speaker."
"Is there further discussion? There being none, 122 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Mr. Taylor to close."
"Thank you, Mr. Speaker. This Bill has been to this House before. It has passed, and it went all the way to the Governor's Office and the Governor has vetoed it. I went into the Senate, and I passed it out of the Senate, came back to this House. For lack of funding, it was not able to be passed here. But each year we have problems with trying to fund our particular program. I think this program is good for the students in the area of 11th and 12th grade, age 16 and above. They have to be in school, taking four major subjects and have the consent of their parents and their...their school in order to able to participate. It has been indicated in this particular Amendment here today that there are safeguards that where this money would not be wasted at and that the Superintendent of State Public Instruction has the right to designate the areas in which these programs are working, where there is high unemployment. And we have an awful lot of that throughout our state. I think this is a good Bill and should be supported by this House. Our young people is the future of this state and the future of this General Assembly, and we ought to do whatever we can in order to make certain that they have an opportunity to learn and to be able to train for the one day that they might be here and do a better job than some of us are doing today. I solicit your support for Amendment #1 to House Bill 312."
"The question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. On the Order of House Bills Second Reading appears House...oh, Third Reading. On the Order of House Bills Second Reading appears House Bill 336. Mr. Preston. Mr. Clerk, read the Bill." 123 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"House Bill 336, a Bill for an Act to establish the position of Administrative Law Judge. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #2, Preston."
"Mr. Preston."
"Thank you, Mr. Speaker. What Amendment #2 does...Well, I would withdraw 2 since there's Amendment #3 which..."
"Gentleman withdraws Amendment #2 to House Bill 336. Further Amendments?"
"Floor Amendment #3, Preston."
"Mr. Preston on Floor Amendment #3."
"Yeah, thank you, Mr. Speaker. What Amendment #3 does is it essentially makes the Bill applicable only to the Illinois Commerce Commission. It grandfathers in the present hearing officers, and it creates the...changes the title of hearing officers to Administrative Law Judges."
"Gentleman moves for the adoption of...of Amendment #3 to House Bill 336. Is there any discussion? On that, Ms. Pullen, the Lady from Cook."
"Not specifically on the Amendment, Mr. Speaker, but the Calendar notes that a fiscal note has been requested, and I've just asked the Clerk if I could see it, and I'm told that it hasn't been filed."
"Right, the Clerk advised me that...that the fiscal note has not been filed. So the House...The Bill will stay on Second Reading."
"Alright, thank you."
"Yes, surely. Mr. Preston."
"Mr. Speaker, the fiscal note was requested on the Bill prior to the Amendment. The Amendment changes any 124 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 additional expenditures. Is it still necessary to file a fiscal note? There is...there is absolutely no change, no fiscal impact whatsoever. There is not the expenditure of one penny in addition by virtue of this."
"Well, if a fiscal note has been asked for for the original Bill, that should be, it seems to me, complied with, and I don't know if there is a request for an amended fiscal note. That I don't know. We'll get to that when we have to. On the Order...Further discussion? Mr. Hoffman."
"Well, Mr. Speaker, if I...Mr. Speaker, is it necessary..."
"Yes, Mr. Preston."
"...to have a fiscal note filed on the Bill that we are now changing after the enacting clause, or is it necessary to file a fiscal note on the Bill, as amended? I don't know if we have a bureaucracy that is just going to file fiscal notes on a Bill that no longer is in existence."
"Alright, while we are chewing that around, the Gentleman from DuPage, Mr. Hoffman."
"Thank you, Mr. Speaker. Will the Sponsor yield to a question? Is it true that with this Amendment you would require all hearing officers to be attorneys?"
"No, not all hearing officers. Before the Illinois Commerce Commission only, any new hearing officers, who will have the title of Administrative Law Judges, will be attorneys, because they are the...the people conduct factual hearings where there is testimony and other evidentiary matter presented; and, as was agreed in Committee, the people who conduct these hearings have to be people who know and are expert in what testimony is permissible, what testimony should be excluded, what evidence can be admissible and what evidence can be 125 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 excluded. However, the present hearing officers are grandfathered in, and they would remain hearing officers. I just might add, most of the hearing officers right now are attorneys, though."
"They are not...I was going to ask you, are they...they are all not attorneys?"
"They...there are...almost all of them are presently attorneys. I think there are, if I'm not mistaken, two exceptions to that at the Commerce Commission."
"Alright, and the purpose for changing the title from hearing officer to Administrative..."
"Administrative Law Judge."
"Administrative Law Judge, the purpose for that?"
"Limited purpose. It only is more descriptive of the job that they, in fact, have."
"Other words, so the fact of the matter is, its a euphemism for hearing officer."
"That...that's correct. That is correct."
"Well, it's...it's obvious that this Bill has significant import and proves that civilization in this society is well, because all civilizations should be judged by their ability to develop names for doing the same thing. And that improves the character and the attributes of the people who hold them, and so I think this is probably okay."
"Is there further discussion? Is there further...There being none, Mr. Preston to close."
"I think this Bill has been amply discussed, and Representative Hoffman's comments are very well taken."
"Mr. Preston, with respect to your inquiry, a fiscal note for the Bill as amended has been requested. So the Bill is going to remain on Second Reading, Sir. Alright, now on...the Gentleman moves for the adoption of 126 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Amendment #3 to House Bill 336. The question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. And the Bill will remain on the Order of Second Reading. On the Orders of...On the Order of House Bill Second Reading appears House Bill 375. Mr. Stuffle. Out of the record. House Bill 402, out of the record. For what purpose does the Gentleman from Cook, Mr. Piel, rise?"
"Excuse me, Mr. Speaker, asking the Chair a question in reference to House Bill 336 that you said would remain on Second Reading. Did you mean by that it will go back to Second Reading, First Legislative Day?"
"No, it remains in the Order that it's at now. We didn't...I think you'd have only...only if it changed the...the title would it have to be done. We are past that Order of Business in any event. Alright, on the Order of House Bills Second Reading appears House Bill 424, Mr. Bowman. Mr. Clerk, read the Bill. Mr. Bowman, yes."
"Yeah, it's been read a second time previously. We were awaiting a fiscal note, and the moment the Amendment was adopted and the fiscal note requested I had my secretary hand deliver a copy of the Amendment with the fiscal note request to the Department. Now, we have been waiting for three days, and I have been on their backs every day since then. And we were promised the note yesterday, and I am promised the note again today. And I would like to say that...I would like to ask leave of the House that when the fiscal note is delivered if we may return to this Bill and have the fiscal note filed and moved to Third."
"Well, Mr. Bowman, there are additional Amendments...there is an additional Amendment filed..."
"Oh, there is. Aha, okay, well..." 127 STATE OF ILLINOIS 83RD GENERAL ASSE MBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"...on this Bill. Are you aware of that?"
"No, I had not seen the Amendment. So let's take..."
"It's your Amendment. I would hope that you would be aware of it, Mr. Bowman."
"Okay, I thought that was adopted already, I'm sorry. What Amendment? #2?"
"Mr. Clerk, what Amendment is that?"
"House Bill 424, this Bill has been read a second time previously. Floor Amendment #2, Bowman, amends House Bill 424, as amended, with reference to page and line numbers of Amendment 1 on page three, line 17 by deleting 'the United' and on page three, line 18 by deleting 'states'."
"Mr. Bowman, you want to proceed with the Amendment?"
"Yes, I'm sorry. I thought we had adopted it already."
"Alright. Mr. Bowman on Amendment #2."
"It's a...Thank you. Amendment #2 is strictly a cleanup Amendment and has...makes no substantive change in the Bill."
"Gentleman has moved for the adoption of Amendment #2 to House Bill 424. Is there any discussion? There being none, all those in favor signify...Oh, I'm sorry. Mr. Piel, yes. Sorry, Sir."
"He said it was just a merely Amendment. I notice he is deleting 'the United States'. Could you explain to me why you are deleting 'the United States' and what it does?"
"Right, Mr. Piel, if you...if you see the...take a look at the Section that that references, that Section permits the Department to enter into agreement with other agencies, private organizations and so forth for the purpose of implementing the Bill. Now, the...as far as I know, the United States Government, which was included in the 128 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 original Bill, is not in a position to be doing the work for the various states. So, we are just taking that out. The...its...as amended, it would say that the state can contract with any other state agency, any private party and so forth. With that...If the Amendment is not adopted, it would also give the state authorization to contract the United States Government, but I don't think the United States Government is going to buy it."
"Thank you."
"Mr. Piel, are you...have you concluded?"
"Yes, I said thank you."
"Alright. Is there further discussion? There being no further discussion, the question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Mr. Bowman, would you state your request?"
"Yes, I'd just like to have leave to...to come back to this for purposes of moving the Bill to Third when the fiscal note has been filed."
"Gentleman asks leave for the...for us to return to this Bill upon the filing of the fiscal note. Does he have leave? Mr. Piel. Mr. Piel objects, apparently. Alright. Mr. Bowman, there has been an objection. Mr. Bowman, the Bill will remain on the Order of Second Reading. Now, on the Order of House Bills Second Reading appears House Bill 463, Mr. Johnson. Mr. Clerk, read the Bill."
"House Bill 463, a Bill for an Act to amend Sections of the Code of Criminal Procedure. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Cullerton." 129 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Mr. Cullerton."
"Yes, thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Amendment was agreed to by the Sponsor in Committee. This Bill has to do with limiting post-conviction hearings, and what was pointed out in Committee was that the same Judge who heard the trial is the one to consider whether or not a post-conviction petition is frivolous. So I thought it would be better if we had a different Judge consider that, and it was agreed by the Sponsors of the Bill. So I would ask for the adoption of Amendment #1 to House Bill 463."
"Gentleman moves for the adoption of Amendment #1 to House Bill 463. Is there any discussion? There being none, all those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 490. Mr. Stuffle. Out of the record. On the Order of House Bills Third Reading...I'm sorry, Second Reading appears House Bill 544. Mr. Johnson, 544. Mr. Clerk, read the Bill. Mr. Johnson, you'll take the Amendment?"
"House Bill 544, a Bill for an Act to amend Sections of the Illinois Marriage and Dissolution of Marriage Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Any further Amendments?"
"Floor Amendment #2, Greiman."
"Mr. Johnson will take that. Mr. Johnson."
"Mr. Speaker and Members of the House, this Amendment 130 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 was suggested by Representative Greiman, the acting Speaker. It's simply a technical Amendment. It's been recommended by the Illinois State Bar Association. I had agreed to it. It doesn't change the substance of the Bill, and I'd move for its adoption."
"Is there any discussion? There being none, the Gentleman moves for the adoption of Amendment #2 to House Bill 544. The question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 561, Mr. Panayotovich. Mr. Clerk, read the Bill."
"House Bill 561, a Bill for an Act in relationship to public purchases and contracts. Second Reading of the Bill. Amendment #1 was lost... was adopted in Committee. Amendments #2, 3 and 4 lost in Committee. Amendment #5 and 6 was withdrawn in Committee. Amendment #7 was adopted in Committee, and Amendment #8 lost in Committee."
"Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #9, Panayotovich - O'Connell, amends House Bill 561 as amended."
"Mr. Panayotovich. Mr. Bullock? Mr. Bullock."
"Thank you, Mr. Speaker. Leave to withdraw Amendment #9."
"Gentleman withdraws Amendment #9. Are there further Amendments? Yes, Mr. Piel, for what purpose do you rise, Sir?"
"He's not one of the two hyphenated Sponsors on the 131 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF BEPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Amendment, Mr. Speaker."
"Alright. Thank you, Mr. Fiel. Mr. Bullock."
"Thank you, Mr. Speaker. I move to table Amendment #9."
"Gentleman moves to table Amendment #9 to House Bill 561. All those in favor of tabling Amendment #9 to 561 signify by saying 'aye', those opposed 'nay'. The 'ayes' have it, and the Amendment is tabled. Is there further Amendment?"
"No further Amendments."
"Third Reading. Yes, Mr. Vinson."
"Mr. Speaker, the Act, as introduced, was entitled on page one 'an Act in relation to public purchases and contracts'. Amendment #7 has been adopted on the floor. That changed the title of the Act to 'an Act in relation to public purchases, leases and contracts, amending an Act herein named'. Therefore, Amendment #7 changed the title of the Act. I would call your attention to Rule 36(d), 'If an Amendment is adopted amending the title of a Bill, that Bill, on the demand of any Member before the Bill is advanced, shall be returned to the Order of Second Reading, First Legislative Day and shall be so read by the amended title on two days before final passage'. And for those reasons, I request that the Bill be returned to Second Reading, First Legislative Day."
"Mr. Vinson, your point is well taken, and the Bill has... the title of the Bill has indeed been changed by the addition of the word 'leases'. Mr. Bullock."
"Well, Mr. Speaker, you had announced the Bill was going to Third Reading. The Gentleman's Motion... The Gentleman's remarks and Motion are untimely."
"No, the Gentleman rose. He had his light on, Mr. Bullock, and I would not want to give him... He is entitled to have it returned to that Order of Business; 132 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 and, under our rules, clearly the title has been changed. I suspect that the request should have been made perhaps more timely at the time that, in fact, the Amendment was made, but he is within his rights. And I am so advised by the Parliamentarian. Mr. Bullock."
"Mr. Speaker, I'm glad to hear that the Chair does acknowledge that the Gentleman may have been untimely. That was the point that I raised. I do not dispute the Chair in its ruling relative to the change of title, but the Gentleman has to be more timely."
"Well, I meant timely in a sense that he probably should have raised it on the 13th of May when the Amendment was adopted. But, in any event, we will return the Bill to that Order of Business. The Gentleman's point is well taken. Mr. Bullock."
"Inquiry of the Parliamentarian or the Chair."
"Proceed."
"What is the requisite number of votes required to move this Bill to Third Reading?"
"In order to accomplish that, Mr. Bullock, you would have to suspend Rule 36(d). 36(d) does not have a specific provision as to the number of votes necessary for suspension of that Rule. Accordingly, it would take 60 votes to suspend that Rule, Sir. Mr. Bullock."
"I so move."
"Gentleman moves... has moved to suspend the Rule 6... 36(d) with respect to House Bill 561. And on that, is there any discussion? Mr. Vinson."
"Mr. Speaker, I believe it's my right to request that that Motion be reduced to writing."
"Any Member, under our rules, may request a Motion to be reduced in writing. Mr. Bullock, start writing. Under our rules, also, the Clerk has to read the 133 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Motion. Mr. Clerk, would you read that Motion, please?"
""I move to suspend Rule 36(d) with respect to House Bill 561. Representative Bullock"." Speaker Greiman; "The Gentleman has moved to suspend Rule 36(d). And on that, is there any discussion? Mr. Vinson."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, I rise..."
"Excuse me. Excuse me, Mr. Vinson. I think I should give the opportunity to the maker of the Motion, Representative Bullock, on his Motion."
"Well, Mr. Speaker, we made a concession to the Gentleman. I think we've argued the point sufficiently. The merits of the Bill should best be debated on Third Reading. This Motion is intended to enhance that debate and move along in a timely fashion House Bill 561. It's a matter of great importance to the State of Illinois and the citizens of the state, and the urgency that dictates this Motion are that House Bill 561 should be sent to the Senate as quick as possible so that the matter can be disposed of. We can debate the merits of the Bill on Third Reading; and, at this point, I reiterate my Motion."
"And now, the Gentleman from DeWitt, Mr. Vinson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise to oppose the Gentleman's Motion. The Gentleman's Motion would be to suspend a rule that is a very important protection not only for Members of this House, but also for the public. What the purpose of this rule is to do is to let the public and Members know when a Bill has been substantially changed so as to require the amending of its title in a meaningful fashion. Now, what we do with that rule, when that title has been amended, that Bill goes back to Second Reading, First Legislative 134 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Day. So, it appears on the Calendar on Second Reading, First Legislative Day. That gives every Member, and that gives the public the right, when they go down the list of Bills on Second Reading, First Legislative Day, to know what are, in fact and in effect, new Bills being presented on the floor of this House. If we begin willy-nilly suspending rules like this, we're going to get to the point this Session where we're suspending every rule, where we are denying Members the right to know what's going on and where we're just serving the interests of a particular passing parliamentary majority. It's not something we should do. It's not a vote on the Bill. This is a vote on a simple Motion to suspend a rule and to suspend a rule which really substantially protects Members and the public. I would strongly urge a 'no' vote on the Gentleman's Motion; and, in the event that the Gentleman's Motion should appear to have the requisite number of votes, I would request a verification, Mr. Speaker."
"The Gentleman from Lake, Mr. Matijevich."
"Mr. Speaker, Ladies and Gentlemen of the House - and I speak both to Democrats and Republicans - this is a matter of fairness. It isn't a matter of where one Party, no matter who has the majority, ought to dictate to a Member who is a Sponsor of a Bill, and I support the Motion for two reasons. One is that the Amendment was adopted on May 13, and we must look at the intent of rules. The intent of that rule to bring a Bill back to First... Second Reading, First Legislative Day is so that we don't pull a fast one, if you might want to say it in such terms. This Amendment was adopted six days ago. Six days it has been sitting there. So, nobody was trying to pull a fast one. Also, under the rules, Representative Vinson had the right, or any Member, to demand that this Bill be returned on 135 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Order of Second Reading before the Bill was advanced. I clearly heard the Bill called, 'Third Reading', and then Representative Vinson made his point of order. So, on both of those counts, I would plead with the Membership in the fairness of the Sponsor of the Bill that you vote with this Motion. It's just a matter of fairness, and that's all it is."
"Is there any further discussion? There being none, Mr. Bullock to close."
"Well, thank you, Mr. Speaker. I think Representative Matijevich put it quite frankly. I think it's a matter of fairness. The Chair bent over backwards to allow the Minority Spokesman to exercise his right. The Chair has been fair in this. Also, we are asking, at this point, that this Bill be placed on Third Reading where it was previously put. The Amendment that was adopted was a minor Amendment. In fact, what we're saying at this particular time is that we should expedite the business of the House and proceed to move the Bill to Third Reading, and I'm certain at that time the Gentleman from DeWitt and his cohorts can large necessary agruments. And the Body will dispose of them as we will on his argument on this one. It's a counterfeit argument, has no standing, and I would urge an 'aye' vote."
"The question is, 'Shall Rule 36(d) be suspended?'. All those in favor signify by voting 'aye', those opposed vote 'nay'. Sixty votes. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Motion there are 67 voting 'aye', 45 voting 'no'. Mr. Vinson."
"Request a verification, Mr. Speaker."
"And the Gentleman from DeWitt requests a verification. Gentleman from Cook requests a Roll of the 136 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Absentees."
"Poll of the Absentees. Bowman. Christensen."
"Bowman votes 'aye'."
"Christensen. John Dunn. Dwight Friedrich. Levin and Oblinger."
"Mr. Clerk, verify the Affirmative Roll Call. Want to give us a starting number? What 68?"
"68 'aye', 45 'no', no voting 'present'."
"Proceed."
"Alexander. Berrios. Bowman. Braun. Breslin. Brookins. Brummer. Brunsvold. Bullock. Capparelli. Cullerton. Curran. Currie. DeJaegher. DiPrima. Domico. Doyle. Ebbesen. Farley. Flinn. Giglio. Giorgi. Greiman. Hannig. Hicks. Homer. Huff. Hutchins. Jaffe. Keane. Krska. Kulas. Laurino. LeFlore. Leverenz. Marzuki. Matijevich. Mautino. McGann. McPike. Mulcahey. Nash. O'Connell. Panayotovich. Pangle. Pierce. Preston. Rea. Rhem. Rice. Richmond. Ronan. Saltsman. Satterthwaite. Shaw. Slape. Steczo. Stuffle. Taylor. Terzich. Turner. Van Duyne. Vitek. White. Wolf. Younge. Yourell, and Mr. Speaker."
"Mr. Vinson, you have questions of the Roll Call?"
"Yes, Sir. Representative Alexander."
"In her seat."
"Representative Brummer."
"Mr. Brummer. Mr. Brummer in the chamber? Mr. Brummer is over at the door."
"Representative Capparelli."
"Mr. Capparelli. Mr. Capparelli in the chamber? How is the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll Call. Mr. Vinson." 137 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Ms... Representative Currie."
"Representative Currie. Ms. Currie is right there at Representative Ereslin's seat."
"Representative Domico."
"Representative Domico. How is Rep... Is Representative Domico here? How is Representative Domico recorded?"
"Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll. Mr. Levin votes 'aye'. Does Mr. Levin have leave to be verified? He does. Okay."
"Might take more than that. Representative Farley."
"Representative Farley. Mr. Farley in the chamber? How is the Gentleman recorded?"
"Gentleman is recorded as voting 'aye'."
"Remove the Gentleman. Mr. Preston, for what purpose do you rise?"
"May I have leave to be verified, Mr. Speaker?"
"The Gentleman indicates yes. Proceed, Mr. Vinson."
"Did you remove Representative Farley?"
"Yes, I did."
"Representative Flinn."
"I'm sorry. Representative Flinn did you say? Mr. Flinn is in his seat."
"Representative Giglio."
"Mr. Giglio is in his seat."
"Representative Hicks."
"Mr. Hicks. Mr. Hicks in the chamber? How is the Gentleman recorded?"
"Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll Call."
"Representative Jaffe." 138 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Mr. Jaffe is with Mr. Bullock giving him solice and direction."
"Krska. Representative Krska."
"Representative Krska is in his seat."
"Representative Laurino."
"Representative Laurino is standing at his seat."
"Representative O'Connell."
"Is Mr. O'Connell in the chamber? Mr. O'Connell. How is Mr. O'Connell recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Representative Pierce."
"Mr. Pierce. Is Mr. Pierce in the chamber? Return Mr. Capparelli to the Roll. Mr. Pierce in the chamber? How is the Gentleman recorded?"
"Gentleman is recorded as voting 'aye'."
"Remove Mr. Pierce. And, Mr. Clerk, have you returned Mr. Capparelli to the Roll?"
"Representative Capparelli is returned to the Roll."
"Alright. Thank you. Proceed."
"Mr... Mr. Ronan."
"Mr. Ronan. Mr. Ronan in the chamber? Mr. Ronan. How is that Gentleman recorded?"
"Gentleman is recorded as voting 'aye'."
"Remove Mr. Ronan from the Roll."
"Mr. Slape."
"Mr. Slape. Is Mr. Slape in the chamber? How is Mr. Slape recorded, Mr. Clerk?"
"The Gentleman is recorded as voting 'aye'."
"Remove the Gentleman from the Roll."
"Representative White."
"Mr. White. Is Mr. White in the chamber? Well, 139 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 how is Mr. White recorded?"
"Gentleman is recorded as voting 'aye'."
"Remove Mr. White."
"Mr. Curran."
"Mr. Curran. I saw him a moment ago."
"That doesn't count."
"Yeah, I understand. Mr. Curran is at the door. He's there."
"No further questions."
"On this Motion there are 61 voting 'aye', 45 voting 'no', and the Motion is adopted. And House Bill 561 is moved to the Order of Third Reading. On the Order of House Bills Second Reading appears House Bill 572, Mr. Cullerton. Out of the record. On the Order of House Bills Second Reading appears House Bill 580, Mr. Van Duyne. Mr. Van Duyne, do you want to go with that Bill? No. Out of the record. 601, out of the record. 671, out of the record. On the Order of House Bills, 738. Ms. Barnes? 738. Out of the record. On the Order of House Bills, 765. Mrs. Oblinger. Mr. Clerk, read the Bill."
"House Bill 765, a Bill for an Act to amend an Act in relationship to the adoption of persons. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, Oblinger, amends House Bill 765 on page one and so forth."
"Mrs. Oblinger."
"Mr. Speaker and Members of the General Assembly, Amendment #2 removes all reference to ascertaining the identity of siblings. This was discussed in Judiciary, and a number of people felt that that should be taken out. So, 140 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Amendment #2 removes all reference to siblings."
"Gentleman... I'm sorry. The Lady has moved for the adoption of Amendment #2 to House Bill 765. Is there any discussion? There being none, all those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"Floor Amendment #3, Oblinger, amends House Bill 765..."
"Mrs. Oblinger."
"I wish to withdraw Amendment #3."
"The Lady remov... withdraws Amendment #2 to House Bill... I'm sorry, Amendment #3. The Lady withdraws Amendment #3 to House Bill 765. Are there further Amendments?"
"Floor Amendment #4, Oblinger, amends House Bill 765..."
"Mrs. Oblinger."
"Amendment #4 merely sets up the penalty for filing or causing to be filed falsified documents. The reason I had to withdraw #3, we did not have the word 'knowingly' in that, but it is in #4. The... We realize that there is a Class 3 felony for forgery. We've reduced this to a Class 4, because these people are not normally forgers, and this would be a one-time offense. I would request adoption of Amendment #4."
"Lady has moved for the adoption of Amendment #4 to House Bill 765. Is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendment?"
"No further Amendments." 141 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Third Reading. On the Order of House Bills Second Reading appears House Bill 767, Mr. Matijevich. Yes. Mr. Clerk, read the Bill."
"House Bill 767, a Bill for an Act to authorize organizational representation and collective bargaining for police officers in units of local government. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions with respect to Amendment #1?"
"Motion to table. 'I move to table Amendment #1 to House Bill 767. Representative Matijevich.'"
"Mr. Matijevich on Amendment... on a Motion to table."
"Yes, Mr. Speaker, Ladies and Gentlemen of the House, I've filed that Motion to table, because Amendment #4, which is going to be offered by Representative Stuffle, will become the Bill. So we must now move to table the Committee Amendment #1. Appreciate your support."
"Gentleman moves to table Amendment #1 to House Bill 767. Is there any discussion? Yes, Mr. Tuerk."
"Mr. Speaker, Members of the House, I can't quite understand why the Gentleman is moving to table 1, if he's going to move to accept 4, unless he's trying to bypass 2 and 3. Because if Amendment 1 is tabled, it apparently will make 2 and 3 out of order. And they happen to be my Amendments, and I don't know what he's fearing. But apparently he does."
"Mr... Mr. Matijevich."
"I'll withdraw that Motion, and 4 will delete everything after the enacting clause. So, we really don't need that Motion. So, I'll just withdraw it."
"Gentleman withdraws the Motion to table 142 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Amendment #1. Are there further Amendments? Or further Motions or any further Amendments."
"No further Motions. Further Amendments. Floor Amendment #2, Tuerk, amends House Bill 767 as amended."
"Now, Mr. Tuerk."
"Well, Mr. Speaker, Members of the House, this makes the Bill apply to the Illinois State Police as well as the other police officers in the state. I move for the adoption."
"Mr. Matijevich."
"Frankly, I could accept this Amendment, except that I was asked, as Chief Sponsor, the State Troopers wanted to be in a separate Bill. And so, I complied with their wishes. I would have no, really no problem having one collective bargaining Bill; but, as along as that's what the State Troopers want, that's what I'm going to do for them. And that's going to... That's 799, which I don't have the Amendment to that one yet; but, because of the wishes of the State Troopers, I am, therefore, forced to oppose Amendment #2."
"Gentleman from Will, Mr. Van Duyne."
"Yes, thank you, Mr. Speaker. Just to make an announcement and introduce the grade school students from Fairmont Grade School which is next to my district and in Representative Davis' district near Lockport, with their teacher, Ms. Evans and Ms. 'Adden', right up here in the left balcony. Welcome them to Springfield."
"Thank you, Mr. Van Duyne. Is there further discussion? There being none, Mr. Tuerk to close."
"Mr. Speaker, Members of the House, I couldn't quite understand the Sponsor's remarks about the Amendment. But in any event, I would just move for the adoption."
"Mr. Tuerk moves for the adoption of Amendment 143 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 #2 to House Bill 767. The question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'nay'. The 'nos'... 'nays' have it, and the Amendment is lost. Further Amendment?"
"Floor Amendment #3, Tuerk - Birkinbine, amends House Bill 767 as amended."
"Mr. Tuerk."
"Mr. Speaker, Members of the House, Amendment #3 makes the State's Mandate Act applicable. In other words, it deletes that Section exemption the Mandates Act. I think if, in our wisdom, we're going to mandate collective bargaining for police, then the State's Mandate Act should apply. And that's what the Amendment does. I move for the adoption."
"Gentleman moves for the adoption of Amendment #3 to House Bill 767. Is there any discussion? Mr. Matijevich."
"Mr. Speaker, we do have the Section the exclusion, and we want to keep the exclusion in the Act. And, therefore, I oppose the Amendment."
"Is there further discussion? Mr. Tuerk to close."
"Well that's why..."
"I'm sorry. Mr. Huff, were you seeking recognition? Mr. Huff."
"Thank you, Mr. Speaker. A question of the Sponsor."
"Proceed, Mr. Huff."
"Yes, Representative Tuerk, do that mean that the mandate provision... does that mean that the state would have to pay for any labor agreements that would result from that collective bargaining?"
"Mr. Tuerk."
"Yes."
"Thank you." 144 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Is there any further discussion? Mr. Tuerk to close."
"Well that's the reason for the Amendment. I fully well know that the ... the exemption of the State Mandate Act, but I'm saying, if we're going to mandate things at this level, then the state ought to pay for it. And that's why I offer the Amendment, and I'd ask for a Roll Call."
"The Gentleman requests a Roll Call. Is he joined by anyone over there? Well, it looks like he's joined by everybody over there. Alright. We'll give you a Roll Call. The question is, 'Shall Amendment #3 be adopted?'. All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Motion there are 4... 46 voting 'aye', 63 voting 'no', none voting 'present', and this Bill (sic - Amendment), having failed to carry, is hereby declared lost. Further Amendment?"
"Floor Amendment #4, Stuffle - et al, amends House Bill 767 by deleting the title and inserting in lieu thereof the following."
"Mr. Stuffle."
"Yes, Mr. Speaker, Members of the House, Amendment #4 becomes the Bill and becomes the comprehensive collecting bargaining vehicle for municipal and county police that choose to form bargaining units and organize under the provisions of the Bill as amended by this particular Amendment. It sets out the definitions of the various entities in the Bill; bargaining units, supervisory personnel and so forth. The Bill provides for, in brief terms, all the basic conditions that we find in most collective bargaining Bills; the right to negotiate wages, hours, conditions. Agency shop is negotiable. It provides 145 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 for in the case now of safety and health and safety employees involved here, being policemen, for binding arbitration over unresolved issues between the two parties to a collective bargaining negotiations activity. It provides language with regard to agency shop consistent with case law. It provides for unfair labor practices, methods of resolving those practi... those unfair practices, stipulates them. It provides for the method of electing bargaining representatives or recognition by voluntary recognition or recognition of existing or historical representatives. In the case of those already in place, it provides the Bill does not impair any of existing contract and provides, systematically, for methods to resolve disputes by way of mediation or, if necessary, arbitration. Absolutely, the Bill outlaws strikes by policemen and provides for no payments to those people who strike. For any period that they strike, that there shall be no compensation or payments to them for those periods on strike. It provides for judicial review of the provisions of the Bill. It sets out the standards and means by which arbitration and mediation shall occur through either the Director of the Department of Labor, his subordinates or, at the will of the parties, other parties which could be stipulated by them or could be the American Arbitaration Association if so selected, or if they do not choose a person to act as a third party in an arbitration settlement. I would offer Amendment #4 and ask for its adoption."
"Gentleman moves for the adoption of Amendment #4 to House Bill 767. Is there any discussion? The Gentleman from Adams, Mr. Mays."
"Will the Gentleman yield? For a question, Larry."
"Indicates that he'll yield for a question." 146 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"How does this Amendment differ from the Bill?"
"Representative Mays, this Bill, as you know in Committee which you and I served on the day it came out, was pretty poorly drafted. We indicated then it was a shell Bill and that Amendment #1 would serve as the framework for a further Amendment. This makes it a comprehensive Bill and cleans up problems in that Bill as it was introduced and amended by Amendment #1. It sets out all the definitions. It sets out the impasse provisions. Those Amendments in the original Bill didn't do so very well. And it attempts to also put a specific provision in the Bill for unfair labor practices and their resolution and specific standards for elections and hearings on those elections so we could pick bargaining agents. Those were ommitted from the original Bill which is, I repeat, was a shell, and we indicated that in Committee."
"Was this the, to the Committee, was this the Bill that now Mayor Washington made a statement in support of?"
"I was out of the room at that point. My understanding is there was a letter read that indicated he supported the collective bargaining for policemen and that this Bill was the vehicle for which he would support that. And this Bill has since been run by by the police organizations in the City of Chicago, as well as downstate; and, to my knowledge, he still supports it."
"We had some questions as to whether this would in any way impair collective bargaining agreements already intact."
"Absolutely not. That's specific in the Bill that it doesn't impair any situation that's now in place and that, as the negotiations would go on, if they reached an impasse and even if the contract ran out, that they would keep the current contract in place even then until they made a resolution or consented to a change." 147 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"And when they... When the current contract expires with the given recognized group in the given town or city or village, at that time this takes effect? Is that correct?"
"Well, when that contract would run out, that contract would end. It's possible that they could be, as you well know, in any situation where you put a bargaining Bill in place that they could be in the process of attempting to put together a specifically recognized organization or a different one. But that contract would hold until it runs out, and it couldn't be impaired in any way. Then it would be possible to agree to a new contract."
"Okay. Just two more questions. On your fair share Section 18 here, you do something that's not done in a lot of the other Bills. You don't even mention that the person can make a contribution to a charitable organization of his choice or of the unions in his choice or anything like that. Why go with this language over the other?"
"The staff indicates to me that that's the case elsewhere, but I might indicate, as we look for that, that the statutory provisions... Well, in fact, the case law provisions are that you, in fact, would have to allow that even if it's not in the statutory provisions. I think that's not the only place that that particular thing occurs. And also if you look at 18, it says in making the arrangements that there has to be safeguards to protect the rights of an association of any...nonassociation of any employees who hold conscientious objections to this type of activity. In the case law in the 'Abute' case which controls basically in the situation is that if you don't stipulate it in the statute, it's still clear when you mention the nonassociational things that that right still accrues. And if you go back and look at the Bill with regard to page four, I think you'll also find some more 148 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 language that takes care of those questions, I believe, with regard to the payroll deductions that are in place."
"Okay."
"And also, it provides the same language we did yesterday in the teacher Bill about that being a revocable right of the employee by written consent to have the deduction made as to dues and other things at their behest and then when you read on in Section G... Subsection (g) in page four, it takes care of that issue that you're talking about in terms of nonassociation, religious tenants, teaching beliefs or charitable donations in lieu of dues or checkoff."
"Okay. The Department of Labor is suppose to administer this Act. Is that correct?"
"The Department of Labor, in the first instance, is the administrator of the Act unless the parties ask for a different standard. They can agree to a negotiator, mediator, abritrator of a different sort if they agree to that. That's provided for in the Bill. It's also possible that they could agree or that the American Arbitration Association would be the third party the way the Bill is written. If they don't choose... If they don't choose the state, a different set of circumstances comes into play, and one of those other two, either someone they pick or AAA, comes into play as an arbitrator or potential mediator."
"Okay. So, this Bill provides the mechanism then to establish collective bargaining throughout the state, for villages, and towns, and cities and the whole shooting match. That's correct?"
"This establishes it for peace officers, in an effect. If you read the Bill, it covers municipalities and counties. So, we're talking about sworn personnel by those 149 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 basic definitions in the Bill."
"Sheriffs' departments and..."
"It could be sheriffs' departments. If they chose to put deputies in a unit, that's a possibility, because counties are covered as an entity."
"Okay. Mr. Speaker, to the Bill. Mr. Stuffle adequately explained exactly what the Bill did, and I'm not going to rant and rave about it. I think that, in itself, is enough reason to vote 'no'."
Speaker Greiman: "Thanks. We appreciate you, Mr. Stuffle, reading the Bill to us. The Lady from DuPage, Ms. Nelson."
"Thank you, Mr. Speaker. I have a question of the Sponsor."
Speaker Greiman: "Indicates that he'll yield for a question. Proceed."
"Representative Stuffle, I would like to know from you why, in this Amendment to this Bill, you prohibit strikes and that was not part of Amendment 7 to 1530 yesterday. Is that because you feel that peace work is more valuable than teaching? I don't understand that."
"No, I don't think that at all. I think they both are professional entites and individuals. The experience in other states, which I'm sure we're going to get into on Third Reading, is that where arbitration is in place with regard to health and safety personnel and strikes are prohibited, that you have a much more functional way of resolving disputes. And that's the reason for this, plus we are dealing with people directly involved in health and safety, people who are making arrests and dealing with crime on a day-to-day basis, unlike teachers who aren't making arrests. They are dealing with children, but they're not in the health and safety area. And I think if you look at the patterns in the country, the situtation is 150 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 such that arbitration, in lieu of strikes, has worked in the health and safety field for policemen and firemen; whereas, in the case of teachers, we've had a more functional and workable set of circumstances where we've allowed what we did yesterday in the other Bill."
"I would disagree with you. I would have preferred the Bill yesterday if it had prohibited strikes by teachers, but I appreciate your explanation. Thank you."
"You're welcome."
"Is that it, Mrs. Nelson? Is there any... any further discussion? There being none, Mr. Stuffle to close, briefly."
"I think I've explained it. I'll do the same thing Representative Mays did. I'll ask for an affirmative vote. I think the reasons are good for an 'aye' vote. He thinks they're good for a 'no' vote. I'll take an 'aye' vote."
"Question is, 'Shall Amendment 4 to House Bill 767 be adopted?'. All in favor signify by saying 'aye', those opposed 'nay'. The... Let's hear it again. All those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Are there further Amendments?"
"Floor Amendmnet #5, Tuerk, amends House Bill 767 as amended."
"Mr. Tuerk."
"Mr. Speaker, Members of the House, Amendment #5 deletes the exemption from the State's Mandate Act. Very simple. Very straightforward. No question what my intent is. If we sit here and mandate collective bargaining, state ought to pay for it. I move for the adoption."
"Gentleman moves for the adoption of Amendment #5 to House Bill 767. On that, Mr. Stuffle."
"Well, thank you, Mr. Speaker and Members. This is 151 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 the... The part he just mentions, the same Amendment we've already defeated, I hesitate to say it's dilatory since we've adopted a new Amendment, but that probably is the case. But he also forgot to tell you that the last Section changes the effective date so the Bill doesn't become effective for another year. And that's also a good reason to vote against it, since he's moving the effective date from one of immediacy that would allow this to go into effect and deal with negotiations now to next year. And for those reasons, I would ask for a 'no' vote."
"Gentleman from Adams, Mr. Mays."
"Thank you very much, Mr. Greiman. We're... I rise in support of the Gentleman's Amendment. It's clearly in order. Obviously the Department of Labor has some jurisdiction in some areas under the Bill as it's amended currently, but obviously a large portion of the administration of this Act will fall directly on the local peace officers or local police administrations in the local communities and villages that we each represent. As a result, they have a right to know how much - and right to know is a good buzz word nowadays, I guess - they have a right to know exactly how much this is going to cost or a good estimate. And I think you, voting as Representatives of them, should provide them with this type of detail. So, I rise in support of this Amendment and would hope that we could get it adopted on a strong voice vote."
"Is there further discussion? Further discussion? There being none, Mr. Tuerk to close."
"Well, Mr. Speaker and Members of the House, first of all, let me apologize to Mr. Stuffle. I did forget to mention one other part of that Amendment, but I thought that that possibly might be the minor part of the whole Amendment. I think the basis of the Amendment is the fact, as Mr. Mays 152 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 pointed out, we're here mandating collective bargaining to local units of government. I don't think the state should do that; and, if it does, I think the state has a responsibility to pay for it, as we voted upon the State's Mandate Act a few years ago. I think it's still a good principle, good idea, and I think it should prevail. And that's why I move for the adoption of the Amendment. Ask for your favorable support."
"Question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair, the 'nays' have it, and the Amendment is lost. Further Amendments?"
"No further Amendments."
"There are no further Amendments; however, a fiscal note for the Bill as amended has been requested. And accordingly, the Bill will remain on the Order of Second Reading. On the Order of House Bills Second Reading appears House Bill 770, Mr. Davis. Out of the record. Mr. Davis, are you... Proceed with that. Mr. Clerk, read the Bill."
"House Bill 770, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."
"Are there any Floor...any Motions?"
"There are two Motions. 'I move to table Amendments #1, 2 and 3 to House Bill 770', filed by Representative Davis. And second Motion. 'I move to table Amendment #2 to House Bill 770', filed by Representative Stuffle."
"Mr. Davis has moved to table Amendments 1, 2 and 3. Mr. Clerk, did you indicate that there were only two Amendents that were adopted?"
"There were two Amendments adopted in Committee." 153 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"And your Motion is to... is to table 1, 2 and 3? Well, why dont'... Why don't we just divide the Motion? Gentleman moves to table Amendment #1 to House Bill 770. All in favor signify by... Is there any discussion? All in favor signify by saying 'aye', those opposed 'nay', and the Amendment is tabled. Gentleman moves to table Amendment #2 to House Bill 770. Is there any discussion? There being none, all those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and Amendment #2 to House Bill 770 is tabled. Now, Mr. Clerk, are there further Amendments?"
"Floor Amendment #3, Stuffle, amends House Bill 770 as amended."
"Mr. Stuffle. Mr. Davis."
"Well, I'm sure he may be out giving a press conference on what just happened on 767. It's an agreed Amendment... I mean an agreed withdrawal so that we can proceed with Amendment #4. I hesitate to put those words in Larry's mouth. It's the truth, but he ain't here. What do we do now?"
"Well, the procedure is to make a Motion, I suppose."
"I move to table Amendment #3."
"Gentleman moves to table Amendment #3 to House Bill 770. Well, here's Mr. Stuffle. Mr. Stuffle on Amendment #... Mr. Stuffle joins in that Motion and... Alright. Amendment #3 will be withdrawn by Representative Stuffle. Further Amendment?"
"Floor Amendment #4, Davis, amends House Bill 770 on page one and so forth."
"Mr. Davis on Amendment #4."
"Well, thank you, Mr. Speaker. Amendment #4 I think is finally correct. We've had a few problems with this in 154 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Committee and on the floor. Amendment #4 actually becomes the Bill itself and relates to the property tax appeal...State Property Tax Appeal Board and requires that their decisions become binding as the Circuit Court decision would become binding on reductions of appeals or reductions of assessments at that tribunal for purposes of state aid formula adjustments. It also provides... The language was carefully worked out by the Illinois Office of Education and others, suggestions from our side of the aisle, from our Spokesman. It also provides that there's a threshold for those adjustments; that it would have to be a downward pressure of five percent or more of the total assessed valuation of that district, that the adjustments would only be made once a year and coordinated by the Department of Revenue, the Illinois Office of Education and the county clerks of the counties in question. That's the Amendment. I will answer any questions. The problem results... Let me just explain for a moment. The problem results, and sometimes it's embarrassing to say you're from Will County because of our taxing cycle and our taxing problems in that... in that particular county. Seventy percent of almost... or seventy percent of all the Property Tax Appeals Board cases are from Will County. There are all kinds of adjustments, always downward I might add, to the ... to the assessed valuation of any given district and in any given taxing district in Will County. This Bill tries to address the notion that the Illinois Office of Education refuses to accept Property Tax Appeals Board decisions as binding upon the formula, the resource equalizer formula. It seeks to give equity to a very few schools in the state that come under this particular provision. I think it's a good Amendment and a good idea, and I move for the adoption of Amendment #4." 155 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Gentleman moves for the adoption of Amendment #4 to House Bill 770. Is there any discussion? Gentleman from Cook, Mr. Cullerton."
"Yes, will the Sponsor yield?"
"Indicates that he will."
"Representative Davis, this Bill only applies to those areas of the state that have a Property Tax Appeal Board. Is that correct?"
"That is correct. That would exclude Cook."
"And this Bill affects the state aid formula. Is that correct?"
"That is also true."
"And I presume that by introducing a Bill that affects your County of Will, it is designed to, in the long run, bring in more money to the school districts in your county. Is that correct?"
"Well, yes and no. Let me put it to you that way. It's designed to help anybody that gets caught in that awkward position in the 101 other counties that... and that's why the threshhold was put in so that it's not being done all the time with every minor adjustment. And the ripple effect would not be too great. But in this particular instance, the answer is yes for two school districts in Will County."
"But you... But you don't really mean the other 101 counties. You mean the other 100 counties, since this Bill does not apply to Cook County."
"That's correct."
"So that what you're basically saying is..."
"I thought there were 102, John."
"Yes, but this Bill does not apply to Cook County. Is that correct?"
"Oh well, I see your point. It doesn't apply to Cook. It 156 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 applies to Will..."
"Basically, what this Bill does is to change the state aid formula so as to benefit all of the counties, except for the County of Cook; and, given the fact that there's only a limited amount of money or a given fixed amount of money available at the state level for the school aid formula, this will adversely... it can do nothing other than adversely affect the school districts within the County of Cook."
"Was that a question, Mr. Cullerton, or a statement?"
"No, that's not a question."
"Oh."
"That's a statement, Mr. Speaker. I think that since this Amendment is the Bill and since the Bill adversely affects all of the school districts in the County of Cook, everyone who represents the County of Cook in this General Assembly should be opposed to Amendment #4; and, if for some reason Amendment #4 might pass, we would be opposed to the Bill on Third Reading. But we probably should put Representative Davis out of his misery early and defeat this Amendment right now. For those of you who represent districts outside of Cook, you probably should vote for the Amendment. If you represent school districts in Cook, it would be a very wise vote for you to vote 'no' on this Amendment. Thank you."
"The Lady from DuPage, Ms. Nelson."
"Thank you, Mr. Speaker. I have a question of the Sponsor."
"Indicates that he'll yield for a question."
"Representative Davis, it was my recollection that Amendment #1 included a Section that would have taken care of Representative Cullerton's problem, because it would have provided for a supplemental appropriation. And I 157 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 don't see that in Amendment 4. Am I mistaken?"
"A rose by any other name would be the same, Representative Nelson. The Illinois Office of Education felt they have enough problems with the distribution aid appropriation; that they have two. And their opinion was ludicrous that while you're doing it in the total formula basis, the provisions can be made within the formula. And I think Representative Cullerton really does not have a problem with this, if he understood that these adjustments will be minor in nature. After a period of six years, there will be no more adjustments to this, and it is on... And it is only a Bill that addresses what has happened in the past, would could happen in the future but probably will not. And the threshhold makes this such a minor impact. There is no change in the formula here. There's no change in the resource equalizer formula. It only seeks equity in the decisions of the Circuit Court with the Property Tax Appeals Board."
"Did I understand you to say that this will go out of effect in six years? As I read it, it provides that this recomputation must be made within six years of the filing of the state aid claim that's to be adjusted."
"But the problem will automatically resolve itself after the computations are done in the first period. There shouldn't be anymore problems, because these will be automatically figured in every year. It is rightfully so that that happen. The decrease in assessments has occurred. The decrease in assessments has occurred but was not used for computation by the Illinios Office of Education, because that was a device used not to put that in there. There was no reason to do it, and Mr. Bradshaw never did it."
"But assessors do reassess all the time; and, within 20 158 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 years, they may make mistakes again."
"Well, it doesn't have anything to do with the reassessments. It has to do with Appellate decisions at the state level when an assessment is lowered dramatically over five percent. It has nothing to do with the assessment function itself, although that begins the process, obviously."
"Obviously. Thank you."
"The Lady from Cook, Ms. Currie."
"Thank you, Mr. Speaker and Members of the House. I think even those of you who are not from the County of Cook would want to look very carefully at the provisions of Amendment 4 to House Bill 770. However major or minor the dollar differences will be, in this Amendment those differences are all one way. It is the county that comes in with a decrease in valuation that can come and ask for more money out of the resource equalizer formula. A county that, in fact, has done very nicely - thank you - will not be required to come to the State Board of Education and make a similar claim. There's no way for you to know how your county will come out of Amendment 4 to House Bill 770; and, while the Gentleman may be correct that technically this does not amend the resource equalizer formula, by virtue of requiring no supplemental appropriation, these dollar amounts will become factors in the resource equalizer formula. And the county that cannot make a claim under these provisions will find its own share of the state aid dollar support reduced. So, not only those of us who may represent districts in the County of Cook, but those of you from other counties all over the state should be very careful when you're considering what your correct vote should be on Amendment 4 to House Bill 770."
"Gentleman from Vermilion, Mr. Stuffle." 159 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"I rise in support of the Amendment. This is the fourth draft we've tried to put together. I don't think you're going to find any of the circumstances cited by the opponents occurring. They profess to be for education. I know they are, and this does give you the best of the world if there's a bump that would bump you upward in school aid. I don't think you're going to find any situation...In fact, I'm certain you're not going to find any situation in Cook County where there's been a situation where there's been a bump of five percent in this direction. You can find it in limited circumstances elsewhere. It does affect all the other counties, and it does affect, in most cases, you're talking about very small districts. In fact, I can't think of anywhere you wouldn't be where there would be this much of a five percent effect by a decision by a Property Tax Appeal Board. I think it's a good Amendment with minor affect, but it's equitable. And I would urge an 'aye' vote."
"Gentleman from Cook, Mr. Rice."
"Mr. Speaker, a point of personal privilege, please."
"Mr. Rice, proceed on your point of personal privilege."
"From the County... School that's in Representative Shaw's district, they're up in the balcony. We'd like to give them a round of applause, please."
"Thank you. Is there any further discussion? Mr. Nash."
"I have a point of personal privilege, Mr. Speaker. I'd like to introduce my old colleague and former House Member, Senator Adeline Geo-Karis. It's suppose to be somebody's birthday in the House. Adeline came over..."
"Adeline... Senator Geo-Karis is always welcome here, except to sing. Is there any further discussion? 160 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Further discussion on this Amendment? There being none, Mr. Davis... Gentleman from DuPage, Mr. Hoffman."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I also rise in support of this Amendment and to point out that if the assessment practices in Will County were as good as they are in most other counties, this Bill wouldn't even have need to have been introduced. It may cause some minor redistribution of state aid, but the matter of the fact is there would have been no redistribution if an authority over, which the schools and the school people and the children have absolutely no control, would have done what's right. And for that reason, I rise in support of this legislation."
"Is there any further discussion? There being none, Mr. Davis, the Gentleman from Will, to close."
"Well, thank you, Mr. Speaker and Members of the House. Representative Hoffman was absolutely right. These things are beyond the control of the tiny, local school districts that are affected. And in this case, there's only two in Will County, and I think Representative Currie completely misunderstands the Bill. Counties don't come for this kind of adjustment. Counties don't come in and talk about this. Even Cook doesn't do that. What we're talking about is a school district who has had over five percent of a its assessed valuation decreased by a decision of the Property Tax Appeals Board that IOE refuses to recognize as a binding decision and compute for state aid purposes. It's only equity. Those people are being shorted. They deserve the money. They're entitled to the money. It is a minor amount. The adjustments will flush themselves out. In a period of a few years, it will all be over. We're talking peanuts here. There's no ripple effect. Nobody's going to get hurt, and I just can't understand the arguments against 161 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 the Bill from the other side of the aisle. I don't believe you understand what we're doing here. I recommend to you that if you've got a problem, don't vote until you've had a chance to look at it, Representative Currie, a little more... in a little more detail. I move for the passage of Amendment 4."
"Question is, 'Shall Amendment 4 be adopted?'. All those in favor signify by voting 'aye', those opposed vote 'nay'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Amendment there are 59 voting 'aye', 43 voting 'no', 9 voting 'present', and this Amendment is adopted. Further adopt... Further Amendments?"
"Floor Amendment #5, Hicks, amends House Bill 770 as amended."
"Mr. Hicks. Mr. Hicks with us in the chamber? Mr. Davis."
"Well, I had promised... I'm afraid we're all going to get caught up in the same bind. I had promised Representative Hicks a shot at this Amendment, which has, I guess, some mild controversy surrounds it on the other side of the aisle."
"Then we'll keep the Bill on Second Reading until... Right?"
"Only if I could suggest to you that we could come back to it today, because I feel a time frame. I don't wish to remove Representative Hick's Amendment from consideration, because..."
"Sure. We have a couple of folks who we've said we'd get back to, and we certainly will note that we will get back to it. Okay?"
"Thank you, Sir."
"Alright. So, House Bill 770 will remain on the 162 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Order of Second Reading. On the Order of House Bills Second Reading appear House Bill 774, Mr. Levin. Mr. Levin in the chamber? Out of the record. On the Order of House Bills Second Reading appears House Bill 799, Mr. Matijevich. Out of the record. On the Order of House Bills Second Reading appears House Bill 843, Mr. Stuffle. 843, out of the record. On the Order of House Bills Second Reading appears House Bill 863, Ms. Cowlishaw, the Lady from DuPage. Mr. Clerk, read the Bill."
"House Bill 863, a Bill for an Act in relationship to fingerprinting of minors for identification purposes. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, Cowlishaw, amends House Bill 863..."
"Mrs. Cowlishaw."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 to House Bill 863, which I believe is commonly called the 'Fingerprinting the Children Act', would provide that local law enforcement agencies, which are taking fingerprints of minor children and supplying those fingerprint cards to the parent or guardian of the child who has requested that that service be provided, would keep that fingerprint material. However, the change is that it would no... the parent or guardian would no longer be given the opportunity to have a duplicate set of prints made and left with the law enforcement agency. The remainder of the Amendment simply makes it a little neater in the language so that the State Mandates Act does not apply and the local law enforcement agencies which are 163 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 going to be taking these fingerprints are entitled to charge a fee for providing that service. I move for adoption of Amendment #2."
"Lady has moved for adoption of Amendment #2 to House Bill 863. Is there any discussion? And on that, Representative Alexander, the Lady from Cook."
"Thank you. Representative Cowlishaw, I would like to ask a question. Will you yield for a question? In your Bill, I think the idea is very good; but, in the event I was a parent that had my child fingerprinted for a safety purpose or whatever reason, does your Bill or Amendment provide that I may ask for those prints back at a later date in life, that I may secure them back, something similar to having expunged or return of fingerprints at any point?"
"Representative, the way the Bill would... The provisions of the Bill, should this second Amendment be adopted, would be such that the parents or guardians of these children would be the only persons who would have those fingerprints. So, there would be no one from whom to request them except your parent or guardian."
"Alright. Thank you very much."
"You're welcome."
"Mrs. Currie for an historic announcement."
"Thank you, Mr. Speaker and Members of the House. Joining us in the west gallery are students from the Worth Experimental School in my Legislative District with their teachers, Vincent Yates and Marion Roberts. I hope we will welcome them. Marion Roberts, in another capacity, is President of the Board of the Harriet Harris YWCA on the south side of Chicago. Welcome."
"Thank you. Now, on House Bill 863, is there any further dicussion? There being none, the question is, 164 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 'Shall Amendment 2 be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments?"
"Third Reading. On the Order of House Bills Second Reading appears House Bill 927. Out of the record. On the Order of House Bills Second Reading appears House Bill 928. Mr. Clerk, read the Bill."
"House Bill 928, a Bill for an Act in relationship to insurance claims. It's been read a second time previously, and Amendment #1 was adopted."
"Is there any... Are there any Motions?"
"No Motions."
"Oh, I'm sorry. Amendment #1 was adopted on the floor?"
"Previously."
"Previously. Alright. Are there further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 929. Mr. Hoffman, are you prepared on 929? Mr. Clerk, read the Bill."
"House Bill 929, a Bill for an Act to amend the School Code. It's been read a second time previously. Amendment #1 was tabled."
"Are there further Amendments?"
"Floor Amendment #2, amends House Bill 929, Representative Hoffman."
"Mr. Hoffman."
"Thank you, Mr. Speaker. I'd like to withdraw Amendment #2."
"Gentleman withdraws Amendment #2 to House Bill 165 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 929. Further Amendments?"
"Floor Amendment #3, Hoffman, amends House Bill 929..."
"Mr. Hoffman."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #3 is, I believe, among the interested party, an agreed Amendment. It's been worked out with Representative Stuffle and staff on both sides of the aisle so that the Bill clearly spells out to everyone's agreement what we intend to do. And this is to clarify the language in reference to providing the supplemental state aid reimbursement, which will make up the difference between the cost of keeping a new district's faculty on the salary schedule of the previously existing districts and putting them on the salary schedule of the new district. This is part of the package of Bills to encourage school district reorganization. I move for the adoption of Amendment #3."
"Gentleman has moved for the adoption of Amendment #3 to House Bill 929. On that, is there any discussion? Gentleman from Macoupin, Mr. Hannig."
"Yes, for a point of clarification, would the Sponsor yield?"
"Indicates that he will, Mr. Hannig."
"As I look at the Amendment, I believe that it just has for a three year period after which it will expire. Is that correct?"
"That is... It's a phase in... It's a phase in over... We will do it... We will make that up for three years. That's correct. It's a phase in."
"Will there be any effects after the three year period?"
"No. It will not."
"Thank you. Who would pay the salaries then after the 166 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 three year period?"
"Well, this is to help bring... this is to help bring... help a district that's reorganized bring the teachers on the lower salary schedules in the reorganized district on to the higher salary schedules. The state, through a supplemental state aid payment, would pay the difference for a three year period of time, and then they'd be expected to handle it themselves from that point on."
"So at that point, everything would be under the normal procedures."
"Right. That's right."
"Thank you."
"Further discussion? The Lady from Champaign, Representative Satterthwaite."
"Will the Sponsor yield for a question?"
"Indicates that he will."
"Representative Hoffman, under this version of the Amendment, would there be a separate line item for reimbursement for this particular portion of the aid?"
"Yes, Ma'am."
"And so we would be able to tell each year how much was going for this specific function."
"Yes, Ma'am."
"Thank you."
"Is there further discussion? Further discussion? Mr. Hoffman to close, there being none. Question is, 'Shall Amendment 3 to House Bill 929 be adopted?'. All those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Further Amendment?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill... Oh yes. Oh, I'm 167 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 sorry, Mr. Hoffman. There's a fiscal note that was filed on this Bill, and the Bill will accordingly remain on Second Reading. Mr. Hoffman, did you hear that? The Bill remains on Second Reading because of the filing of a request for a fiscal note. On the Order of House Bills Second Reading appears House Bill 942, Mr. Ronan. Mr. Ronan in the chamber? Out of the record. On the Order of House Bills Second Reading appears House Bill 961, Mr. Cullerton. Mr. Cullerton? Alright, out of the record. On the Order of House Bills, 1007, Mrs. Younge. Out of the record. On the Order of House Bills Second Reading appears House Bill 1048, Mr. Matijevich. Mr. Clerk, read the Bill."
"House Bill 1048, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Any Amendments from the floor?"
"Floor Amendment #1, Terzich, amends House Bill 1048 on page one and so forth."
"Mr. Terzich."
"Yes, Mr. Speaker, Amendment #1 strikes everything after the enacting clause on this, and it provides a minimum survivors annuity benefit for the State Employees' Retirement System in the amount of 50% of the member's earned pension at the time of death. And the actuaries determination on this would be the annual first year pay out is 725,000 dollars and the normal cost percentage of 0.26% of earnings. And I would move for its adoption."
"Gentleman moves for the adoption of Amendment #1 to House Bill 1048. On that, is there any discussion? Representative Matijevich, the Gentleman from Lake."
"Yes, Mr. Speaker, ordinarily when someone does something to a guy's Bill, they would be really adamant, 168 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 because he does change my Bill totally. However, we have discussed this. My Bill, as introduced, did provide some very, very liberal benefits for the State Police, so liberal in fact that I was sure that somewhere along the line I was going to lose the Bill. In fact, I took two Roll Calls in the House Committee to get the Bill out. And what Representative Terzich is doing, he's changing the Bill so that we are providing survivors benefits for all state employees, which I think is a good purpose. So, because, I think, eventually my Bill as introduced will find defeat somewhere along the line, surely would be vetoed if nothing else, I'm going to go along and accept the Amendment."
"Is there any further discussion? There being none, the question is, 'Shall Amendment #1 be adopted?'. All those in favor signify by ... Mr. Wolf, for what purpose do you rise, Sir?"
"Thank you, Mr. Speaker, would the sponsor yield to a question?"
"Indicates that he will."
"Mr. Terzich, has there been a new Pension Laws Commission impact statement filed in view of your Amendment?"
"That is being prepared, Representative. I assume that this will be held until I get the impact statement. It was discussed at the Pension Laws Commission meeting the other night, and it's being prepared."
"Thank you."
"Is there any further discussion? There being none, the question is, 'Shall Amendment #1 be adopted?'. All those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. There's a fiscal note request filed, and the Bill will remain on the Order of Second Reading. On the Order of 169 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 House Bills Second Reading appears House Bill 1054. Mr. Yourell, are you going to take that? Mr. Christensen is not with us today. Mr. Clerk, on 1054, read the Bill."
"House Bill 1054, a Bill for an Act to amend the Environmental Protection Act. Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1081, Mr. O'Connell. Out of the record. On the Order of House Bills Second Reading appears House Bill 1104, Mr. Levin. Out of the record. Mr. Levin is coming down the aisle, furiously. Come on, Mr. Levin. Mr. Clerk, read the Bill."
"House Bill 1104, a Bill for an Act to amend the Illinois Public Aid Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, Bowman, amends House Bill 1104..."
"Mr. Bowman on Floor Amendment #1."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 adds into the Code definitions of independent living facility and case coordination unit, such that existing facilities and units are grandfathered into the rules and regulations regarding them. And I'll be happy to respond to any questions."
"Gentleman moves for the adoption of Amendment #1 to House Bill 1104. On that, is there any discussion? The Gentleman from Rock Island, Mr. DeJaegher."
"Mr. Speaker, Members of the General Assembly, I rise 170 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 in opposition to this particular Amendment. I think the Amendment is premature. I think what we have to do is to get the waiver first and then address the subject. If the program needs to be fine tuned, and there's a possibility that it may have to be, I think that we can make the necessary Amendments to it at that particular time. But with that in mind, I ask the Members of the General Assembly to vote this Amendment down."
"The Lady from Sangamon, Ms. Oblinger."
"Mr. Speaker and Members of the General Assembly, we're the first and only state that has asked for a statewide waiver. I've just come back from the Federal Council on Aging meeting where we are informed that if we do not go through with the waiver the way it is now in form, they do not approve that the assessment service and the evaluation all be done by the same person. I, too, would rise in opposition to this at this time. It will deprive perhaps 3500 ... 3500 people from the services with this kind of a Bill in, because we probably won't get the waiver. I think we, too, should wait to see what the waiver includes. And the way it is now with the first state for a statewide waiver, we've been commended for this. I can see it going down the drain, and we won't have anything. And I would urge a 'no' vote."
"Is there further discussion? Lady from Cook, Ms. Topinka."
"Yes, Mr. Chairman and Ladies and Gentlemen of the House, I just think it really is fair knowledge to note that this Amendment and/or original Bill has already been around the Committee three times and has been voted down or, you know, run into opposition on all three times. I personally have a problem with it because of my district; and, as a result, I wouldn't necessarily like my vote to be 171 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 considered, you know, any type of an official position from the Health Committee. But at the same time, I do think it merits some understanding and some comprehension that, you know, three times you're out in baseball. Maybe that same type of thinking might be relevant here at the same time."
"Well, for what purpose does the Gentleman from Rock Island seek recognition?"
"A point of clarification, Mr. Speaker."
"What is... There is no such thing as a point of clarification."
"Alright. Is this germane to enter a Motion?"
"Pardon?"
"Is this germane?"
"Well... Yes, make your point, Sir."
"On a point of order. Is this germane?"
"Is the Amendment germane?"
"Yes."
"We'll check it. Be right with you. Representative Bowman."
"If you would indulge me about two minutes to make a statement, I will withdraw the Amendment and not put everybody through this."
"Well, wait. In order to keep in form so we don't have to indulge anyone, Mr. Bowman, no one is seeking recognition. And Mr. Bowman to close. Mr. DeJaegher, we'll be back with you for a ruling. Mr. Bowman to close."
"Thank you. Mr. Speaker and Ladies and Gentlemen of the House, this particular issue has not been around quite as long as suggested by Representative Topinka. It has not been voted down three times. I will not give the administration the pleasure of seeing it voted down three times. That's why I'm proposing to withdraw it. However, this Amendment was introduced because I received many 172 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 complaints from county health departments, including one in Representative DeJaegher's district, and Visiting Nurse Association. I have received inquiries and complaints from the Catholic Charities, a number of organizations that provide very good services to senior citizens. And these organizations are going to be denied the privilege of doing something that they have been doing for a number of years and been doing it very well. And I just want you to understand that this Amendment is not something that I cooked up all by myself. This Amendment was introduced at the request of the Illinois Council of Home and Health Care Services, the Visiting Nurses Association and several county health departments and has the support of the Catholic Charities and the Jewish Federation. So, there are a lot of organizations out there that, as of July 1, are going to find their programs seriously disrupted. Now, if you get any complaints this summer, I want you all to understand exactly why it is happening. The Department of Aging is taking some of the prerogatives away, and I want you to understand that you have the opportunity to vote on it. And a number of people who are speaking on this even have given me support in the past. I give the Department on Aging credit for doing a hell of a lobbying job on this, but I have a feeling that... that a number of people will regret this come summertime and those rules go into effect. Thank you. I withdraw the Amendment."
"The Gentleman withdraws Amendment #1 to House Bill 1104. Are there any further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 108. Oh, I'm sorry. 1108. Mr. Giglio? Mr. Clerk, read the Bill."
"House Bill 1108, a Bill for an Act to amend the 173 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Environmental Protection Act."
"Mr... Mr. Clerk, out of the record, apparently. On the Order of House Bills Second Reading appears House Bill 1119, Mr. Kirkland. Mr. Kirkland in the hall? Out of the record. On the Order of House Bills Second Reading appears House Bill 1139. Mrs. Cowlishaw. Ms. Cowlishaw. Out of the... out of the record. On the Order of House Bills Second Reading appears House Bill 1182. Mr. Stuffle. Mr. Clerk, read the Bill."
"House Bill 1182, a Bill for an Act to amend the School Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, Pierce, amends House Bill 1182 on page five and so forth."
"Mr. Pierce...? Pierce... Pedersen. Mr. Pierce. Mr. Pedersen. Mr. Stuffle."
"I would move to table that Amendment."
"The Gentleman moves to table Amend... Amendment #1 to House Bill 1182. All in favor signify by vote... by saying 'aye', those opposed 'nay'. The 'ayes' have it, and Amendment #1 is tabled. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1187, Mr. Steczo. Mr. Clerk, read the Bill."
"House Bill 1187, a Bill for an Act to amend the School Code. Second Reading of the Bill. Amendment #1..."
"Any Motions?"
"... was adopted in Committee. No Motions filed."
"No Motions... no Floor Amendments?"
"Floor Amendment #2, Steczo - Nelson, amends House Bill 1187..." 174 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Mr. Steczo."
"Thank you, Mr. Speaker. Members of the House, Amendment #2 to House Bill 1187 seeks to do four things. First, in Article VII of the School Code, we are seeking to limit that Article strictly to school district boundary changes by detachment, annexation, division, or dissolution. What House Bill 1187 seeks to do is try to provide some order out of the whole business of creating unit districts and combined districts. So what we have done is to take in Amendment #1 Section 11 and limit that strictly to combinations and creation or formation of unit districts; thereby, necessitating Amendment #2 which would provide that Article VII deals only with detach... detachments, annexations, divisions, dissolutions. This also provides that school district boundaries may be changed in the case of boundary changes only when petitioned by the school boards of each district affected or by ten percent of the registered... the voters residing in any territory. It deletes obsolete language that normally refers to the county superintendent. We're making that regional superintendent. And it also deletes references in Section 7 to consolidation, because those terms will be referenced again in Section 11, which... which deals with those Sections, and I move for the adoption of Amendment #2."
"The Gentleman moves for the adoption of Amendment #2 to House Bill 1187. On that, is there any discussion? Being none, all those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Further Amendment?"
"Floor Amendment #3, Steczo - Nelson, amends House Bill 1187 as amended."
"Mr... Mr. Steczo."
"Thank you, Mr. Speaker, Members of the House. Amendment 175 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 #3 to House Bill 1187 takes care of some changes that were necessitated when we found out some errors were made in Amendment #1. What Amendment #3 does, first, is provides that any petition requesting the creation of a unit district be signed by either fifty voters from each effected district or ten percent of the voters there should there be less than fifty. In addition to that, it places in the language a recommendation made by Chapman and Cutler as to taxable property situated within the boundaries of a... of a newly created district. It adds a Section that deals with penalization for nonrecognition and says that for a period of two years that there will be no penalization of school aid. It adds to the definition of combined school districts any district resulting from the combination of two or more elementary or two or more high school districts. It adds that a petition creating a combined school district may be filed by the boards of each school district effected and also clarifies an error made in Amendment #1 in terms of maxi... maximum operating tax rates. It drops those back down to the present maximum tax rates of .92 for educational purposes and .25 for operations, and I would move for the adoption of Amendment #3."
"The Gentleman moves for the adoption of Amendment #3 to House Bill 1187. On that, is there any discussion? The Gentleman from Cook, Mr. Cullerton."
"Thank you, Mr. Speaker. Mr. Speaker, I... I believe that there's some confusion as to whether or not two Amendments were distributed... two separate Amendments were distributed under the same number. So, I would ask the Sponsor if he could just give us three minutes to check out the Reference Bureau numbers to see if we are talking about the right Amendment." 176 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Is this on Amendment #3, Mr. Cullerton?"
"Yes."
"All right. We will... Is the Clerk able to check that, or shall we take that... would... would you have to take this out of the record, Mr. Clerk?"
"Mr... Mr. Speaker, I've been told that they do..."
"Yes, Mr Cullerton."
"... they do have the correct Amendments, so I..."
"This is the correct Amendment, #3?"
"Yes. Right, and I have no objection to the Amendment."
"All right. The Gentleman has moved for the adoption of Amendment #3 to House Bill 1187. Is there any further discussion? There being none, all those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Mr. Davis."
"Thank you, Mr. Speaker. For purposes of an introduction, the eighth-grade class from Flossmore Infant Jesus of 'Prog' School and their teacher 'Jerry Delaney', represented by our... our own Loleta Didrickson here, is in the upper gallery to the left. Would you welcome them to Springfield?"
"Thank you, Mr. Davis. Further Amendments on 1187?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1232. Mr. Bowman. Is Mr. Bowman? Mr. Clerk, read the Bill."
"House Bill 1232, a Bill for an Act to amend the Illinois Insurance Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None." 177 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Third Reading. And on the Order of House Bills Second Reading appears House Bill 1253. Mr. Rhem, 1253? Mr. Clerk, read the Bill."
"House Bill 1253, a Bill for an Act creating the Casino Enterprises Authorization Study Commission. Second Reading of Bill... of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, Nash - Rhem."
"Mr. Rhem, are you going to take that, or Mr. Nash? Turn on Mr. Rhem. Mr. Rhem."
"Representative Nash is going to handle Amendment 1 and 2."
"Mr. Nash on Amendment #1."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment #1 just increases the number of Members on the Commission by one from each side of the aisle. Oh, I move to withdraw Amendment #1."
"The Gentleman moves... has... moves to withdraw Amendment #1 to House Bill 1253. Are there further Amendments?"
"Floor Amendment #2, Nash - Rhem."
"Mr. Nash."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment #2 increases the membership of the Commission by one from each side... from... by two from each House, one more Member from the Speaker and one from the Minority Leader, one from the President of the Senate, and one from the Minority Leader. I ask for its adoption."
"The Gentleman moves for the adoption of Amendment #2 to House Bill 1253. Is there any discussion? On that, Mr. Hallock, the Gentleman from Winnebago. The Gentleman from Winnebago, Mr. Hallock. Is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?' All those in favor signify by 178 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 saying 'aye', those opposed 'no'. The 'ayes' have it, and the Mo... and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1257. Ms. Breslin. Out of the record. On the Order of House Bills Second Reading appears House Bill 1259. Mr. Stuffle. Mr. Clerk, read the Bill."
"House Bill 1259, a Bill for an Act to create the Illinois Export Council within the Illinois Department of Commerce and Community Affairs. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1260. Mr. Mautino. Is Mr. Mautino in the chamber? Out of the record. On the Order of House Bills Second Reading appears House Bills... House Bill 1282. Mr. McGann. Out of the record. On the Order of House Bills Second Reading appears House Bill 1290. Mr. Klemm. Mr. Clerk, read the Bill."
"House Bill 1290, a Bill for an Act to amend Sections of the Environmental Protection Act. Second Reading of the Bill. Amendment #2... This Bill has been read a second time previously. Amendment #2 was adopted."
"Are there further Amendments?"
"Floor Amendment #3, Leverenz."
"Mr. Leverenz."
"We would... I would like to withdraw 3, go with 4."
"The Gentleman withdraws Amendment #3 to House Bill 1290. Further Amendments?"
"Floor Amendment #4, Leverenz." 179 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Mr. Leverenz."
"Thank you. The essence of Amendment #4 should, I believe, satisfy everyone when it comes to siting in any way, shape, or form. It simply provides that there will be a referendum before anything is decided in terms of a site to let people in the local area determine if, in fact, they want it for a site, and I would ask for the adoption of Amendment #4."
"The Gentleman moves for the adoption of Amendment #4 to House Bill 1290. On that, is there any discussion? The Gentleman from DeWitt, Representative Vinson."
"Will the Gentleman yield for a question?"
"Indicates that he will."
"Is the principle behind your Amendment that people ought to have a chance to vote on things that are important to them?"
"That are important to them?"
"Yes."
"When we deem it proper, yes."
"Well, I was going to say, what about votes in your Appropriation Committee, Mr. Chairman?"
"Well, I think the Gentleman has brought up something that is exactly to the point. We feel that people should have the opportunity to vote in a form of a referendum on the site for a pollution control type facility, whether it be a landfill, garbage dump, hazardous waste site. Certainly, we will not be sending out the appropriation Bills for our constituents to vote on. So, therefore, we should adopt the Amendment..."
"Not even for us to vote on, right?"
"... and your question was... was appropriate."
"Mr. Speaker, to the Bill." 180 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Proceed, Mr. Vinson."
"Thank you. I stand in opposition to the Amendment. I think if people will carefully consider the Amendment, they will reject it; because, if you have a situation where you can't have one of these things unless a referendum approves it, you're never going to have a referendum for one of these things. And at the same time, you're then faced with the problem of how are you going to dispose of these hazardous wastes. And what that confronts you with is the fact that these things are just going to be dumped illegally all over the place, and that's not safe for anyone. I would rise in opposition to the Amendment. I would urge people to vote 'no' on the Amendment; and, if it does receive the requisite number of votes, I'd ask for a verification."
"The Lady from DuPage, Mrs. Nelson."
"Thank you very much, Mr. Speaker. Members of the House, I also rise in opposition to Amendment #4 to House Bill 1290. It is a very bad idea, because it would do as Representative Vinson suggests, completely end any siting of sanitary landfills in this entire state. It is unreasonable to assume that such a referendum would ever pass anywhere. No one wants a sanitary landfill facility located near them or even within their county, but we all, every day, produce garbage, and we must take a responsible position here today, which is to say that under Senate Bill 172, adopted by this General Assembly not too many years ago, we have a responsible siting procedure, which does give some authority, does give some power to local authorities to have input and to be part of the decision making. That law is relatively new. It has been on the books for only a couple of years, and it works well. If you speak to people from the Illinois Pollution... excuse 181 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 me, the Environmental Protection Agency in Illinois, they will say that appeals under that procedure have occurred, but that in most of the cases, in the majority of those cases, the landfill site has been approved. In some of those where the appeal has been to the Pollution Control Board, the appeal has been rejected. That procedure is working. This Amendment would radically change that procedure. It would end landfills in Illinois, and we would all have to take care of our own garbage on our own property. I would ask you to vote 'no' on Amendment 4 to House Bill 1290."
"Further discussion? The Gentleman from McHenry, Mr. Klemm."
"Will the Spon... Will the Sponsor yield? I assume the Sponsor will yield then. Just a couple questions, if I could. In the election or this referendum, is it for all the voters in a particular area that would be selected?"
"Restate the question."
"In this referendum that you're asking for, is it all the voters in a particular area? What area is covered on this?"
"It would be relevant to the area that it was going to be sited in. If it's a municipality, it would be in the municipality."
"What about in a county?"
"If it's unincorporated, then it would be the county."
"Would the voters in a municipality get to vote on a landfill site located in a county?"
"If it was in the municipality."
"No. If the site was to be located in the county, would the voters in a municipality get to vote on whether that site would be appropriate?"
"Yes." 182 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"If the site were to be located in a municipality, would the voters in the county get a chance to vote on that siting?"
"No."
"Why, in your mind, is there a difference between those... can vote in the municipality can vote on two issues so to speak, and those who live in the county can only vote on those that affect them?"
"There are two different sets of circumstances. So, therefore, there are two situations where you would have people voting, as I just explained."
"What were the two circumstances? I... I mean, a location of a site in the county certainly means that certainly those that are in the municipality wouldn't be affected by it. Why would you have them vote for it then?"
"Those in the governing body of the appropriate governamental unit. It's on page eight part two."
"Who would be paying for the referendum itself, the municipality or the county out of the election funds or levy that they would handle or out of general funds?"
"It does not... My leader, Representative Yourell, has an answer to that?"
"Just... just out of general funds then, I assume?"
"It would have to be. It doesn't specify."
"Mr. Yourell."
"Yeah, as you know, the referendum of any nature can only be placed on the ballot once every two years on one of the five scheduled election dates, and the county levy for those elections would pay for the cost of that election."
"Could you, perhaps, follow up on that? Would they be limited on the number of referendums they could have on the ballot?"
"Once every two years on one of the five scheduled 183 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 dates, and the county, through the three cent levy, would pay for the election."
"So if we had in my county or your county two or three land site proposals..."
"The county would pay for them."
"Two or three land site proposals for a siting, then no referendum for all those could appear, because that would be the limitation of how many..."
"No, that was... those are different... different referendums."
"Okay. Fine. Thank you. I appreciate your answers."
"Is there any further discussion? Any further discussion? There being none, Mr. Leverenz to close."
"Thank you, Mr. Speaker. I'd ask that we adopt Amendment 4 simply that would allow a referendum on siting, and vote 'yes' or vote 'no'."
"The question is, 'Shall Amendment #4 be adopted?' All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'nays' have it, and the Amendment is lost. And on... Further Amendment?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1314. Mr. Piel. Mr. Clerk, read the Bill."
"House Bill 1314, a Bill for an Act to amend Sections of the Revenue Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Any Amendments?"
"No Floor Amendments."
"No Floor Amendments, but there is a request for 184 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 a State Mandates note, and the Bill will remain on the Order of Second Reading. Mr. Vinson, yes. Is this on House Bill 1314."
"Yes."
"All right. Proceed, Sir."
"There's no indication in the Calendar of such a request."
"We've received it apparently since the Calendar was published."
"When's it dated?"
"Mr. Clerk, what's the date?"
"It's dated May the 19th."
"Perhaps you'd like to come and examine it, Mr. Vinson. No? Yes, Mr. Vinson."
"Mr. Speaker, the Parliamentarian has previously ruled this Session that fiscal notes comply with the State Mandates Act, and I would ask him to so rule in this occasion, too."
"He indicates that that's a ruling that he has yet to make."
"No. He's made that ruling."
"Well, that... well, that's not the ruling that he made, Mr. Vinson. You're aware of that. All right, we're going to proceed, and the House Bill 1314 will remain on the Order of Second Reading. On the Order of House Bills Second Reading appears House Bill 1328. Mr. DiPrima. Are you ready on that? Mr. Clerk, read the Bill."
"House Bill 1328, a Bill for an Act to amend Sections of the Real Estate Transfer Tax Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills 185 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Second Reading appears House Bill 1342. Mr. Leverenz, are you prepared on that? You want to go ahead with it? Mr. Clerk, read the Bill."
"House Bill 1342, a Bill for an Act to amend Sections of the Mental Health and Developmental Disabilities Confidentiality Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Leverenz."
"Mr. Leverenz."
"Thank you, Mr. Speaker. I have tried to clear and everyone agrees that we would expand the Amendment #1. Amendment #1 simply would eliminate on page three, lines seven through eleven. I'm asking for leave to expand the deletion because of just simple duplication of lines that the Amendment would read, 'To delete lines seven through fifteen'. I cleared that with the Minority Spokesman of the Committee, Representative Vinson, and our Parliamentarian, and our side. I'd ask leave then to expand..."
"The Gentleman asks leave to amend Amendment #1 to House Bill 1342 on its face by deleting the word 'eleven' in line three and adding the word in place thereof 'fifteen'. Does the Gentleman have leave? The Gentleman has leave, and leave is granted. On the Amendment."
"Thank you, Mr. Speaker. The Amendment is the one I agreed to in Committee. It would delete from House Bill 1342 the right of a peace officer, in the scope of an official investigation, going into a mental health zone center and requesting information and receiving it. I said, to get the Bill out of Committee and get the first part, that I would eliminate the second part. I'm asking for this Amendment so that we can delete the language that 186 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 I agreed to. I move for the adoption of Amendment #1."
"The Gentleman moves for the adoption of Amendment #1 to House Bill 1342. Is there any discussion? There being none, the question is, 'Shall Amendment #1 be adopted?' All those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes have it, and the Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1344. Mr. Leverenz. Mr. Clerk, read the Bill. Would you like that read, Mr. Leverenz? Mr. Clerk, read the Bill."
"House Bill 1344, a Bill for an Act to revise the law in relation to the practice of veterinary medicine and surgery in the State of Illinois. Second Reading of the Bill. Amendments #1, 2, and 3 were adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Are there any Amendments?"
"Floor Amendment #4, Leverenz."
"Mr. Leverenz, the Gentleman from Cook."
"Thank you. Amendment #4 would do a number of small changes that were requested and worked out between the Director and the legal people in the Department of R and E, and the vetrans... Veterinarians' Association. Basically would provide that the Board would be subservient to the Director. It provides that under the administrative hearings that the expenses for attending the administrative hearings would be paid, a number of other little clean up things, and I would ask for the adoption of Amendment #4 to House Bill 1344."
"The Gentleman moves for the adoption of Amendment #4 to House Bill 1344. Is there any discussion? 187 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 The Gentleman from DeWitt, Mr. Vinson."
"Yes, will the Sponsor yield?"
"He indicates that he'll yield for a question."
"The... Our analysis suggests that the Amendment in some way removes the requirement that certified animal health technicians be hired by veterinarians. Would you explain to me how that's dealt with and how the certified animal health technicians and the veterinarians feel about that portion of the Amendment?"
"Yes, originally the animal health techs were permissive, 'may' instead of 'shall'. By either Amendment #1, I believe it was #1, yes, adopted in Committee, it was that they only shall employ animal techs. The Association, that which Mr. Lockhart operates for and does a good job representing, wanted that back to a 'they may employ', rather than they have to because of increased costs. The Amendment would put it back. It would reverse the action of Amendment #1. They can employ them, but they don't have to."
"And what... How do the veterinarians feel about that?"
"That's fine with them."
"Okay. Thank you."
"Before I even put a 4 in with the Clerk, it was reviewed by Lockhart and the veterinarian also from Aurora and those parties that were involved with the whole thing. Yes."
"Thank you."
"Further... further discussion? There being none, Mr. Leverenz to close."
"Thank you. The Amendment cleans up, corrects all of the things that happened in Amendment 1 and 2 that were in question. I would ask the adoption of Amendment #4 to House Bill 1344." 188 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"The Gentleman has moved for the adopt... The question is, 'Shall Amendment #4 to House Bill 1344 be adopted?' All those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1369. It's on Third. Okay. On the Order of House Bills Second Reading appears House Bill 1376. Mr. Clerk, read the Bill."
"House Bill 1376, a Bill for an Act to amend Sections of the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1410. Mr. Van Duyne, would you like to proceed with that Bill? Mr. Van Duyne, would you like to proceed with House Bill 1410? Mr. Clerk, read the Bill."
"House Bill 1410, a Bill for an Act to amend Sections of the Environmental Protection Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1414. Mr. McAuliffe. Mr. McAuliffe in the chamber? Out of the record. On the Order of House Bills Second Reading appears House Bill 1442. Mr. Capparelli. Out of the record. On the Order of 189 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 House Bills Second Reading... Yes, Mr. Capparelli. Back on the Order of House Bills 1442. On the Order of House Bills Second Reading. Mr. Clerk, read the Bill."
"House Bill 1442..."
"Mr. Capparelli, there's been a request on this Bill for the filing of a... of a State Mandate Act fiscal note, which has not been filed. So, we will not be moving it today to Third Reading. You want to take it out of the record, Mr... All right, out of the record then. On the Order of House Bills Second Reading appears House Bill 1455. Mr. Nash, on 1455. Mr. Clerk, read the Bill."
"House Bill 1455, a Bill for an Act to amend the Election Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, Taylor - Nash, amends House Bill 1455 on page one and so forth."
"Mr. Nash."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment #1 changes the number of signatures on a nominating petition for State Representatives and State Senators, for Representatives from 300 to 600, for Senators from 600 to 1,200. I move for its adoption."
"The Gentleman moves for the adoption of Amendment #1 to House Bill 1455. On that, is there any discussion? There being no discussion, the question is, 'Shall this Amendment be adopt...' Mr... The Lady from Marshall, Mrs. Koehler... Koehler."
"Thank... thank you, Mr. Speaker. Will the Sponsor please yield for a question?"
"He... in... he will yield for a question."
"Thank you. Could you repeat the signature requirement?" 190 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"We are doubling the number of signatures... minimum signatures required on a nominating petition for State Representative from 300 signatures to 600 and for State Senator from 600 to 1,200."
"Could you tell me the purpose for this, Representative?"
"Yes, because it's very easy to get 300 signatures, and you clutter up the ballot with a lot of people that you have to knock off. So if anybody... It's so easy to get 600 signatures on a nominating petitions to qualify to run for State Representative that the numbers... We're just doubling the number."
"Well, would that not make it harder though to run for State Representative?"
"Well, you have nine... nine... ninety thousand residents in the Representative District. How hard can it be to get 600 signatures?"
"Well, thank you very much, Representative, for your answers."
"Is there any further discussion? Further discussion? Mr. Nash to close. The question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Thank you. Are there further Amendments?"
"Floor Amendment #2, Taylor - Nash, amends House Bill 1455."
"Well, excuse me, excuse me. I don't want to be abusive to anyone's rights. No one had requested a Roll Call over there as far as I could see, nor had anyone been joined by the appropriate number. I, myself, was surprised that no one asked for that. Nonetheless, since no one has and since I have ruled, we will proceed. Are there further 191 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Amendments?"
"Floor Amendment #2, Taylor - Nash, amends House Bill 1455 on page one and so forth."
"Mr. Taylor."
"Thank you, Mr. Speaker. Amendment #2 to Senate Bill 1455 (sic - House Bill 1455) only raises the percentage points for election for ward committeeman from 16% to 25%. I move for the adoption of Amendment #2."
"The Gentleman moves for the adoption of Amendment #2 to House Bill 1455. Is there any discussion? On that, the Gentleman from Lee, Mr. Olson."
"Will the Sponsor yield?"
"He indicates he'll yield for a question."
"Yes, Representative Taylor, I noticed that the numbers we are seeking here to nominate ward committeemen are an inordinate number, when we look at the fact in existence now the Code calls for ten to sixteen percent, and in fact, to nominate a congressional candidate we only need four-and-one-half percent. Could you explain the genesis of this Motion?"
"Well, the genesis of this is that in the district that I represent now, that there is larger number of persons since we had the registration redistricting, and that if the numbers should be changed in the Congressional District then that's what we ought to do. I just feel that right at this particular time, we should change the numbers for the committeemen."
"To the Amendment, Mr. Sponsor... Mr. Chairman."
"Proceed, Mr. Olson."
"Ladies and Gentlemen of the House, Amendment #2 to House Bill 1455 would appear to be a... a reason to lock in existing ward committeemen, precinct committeemen, wherever they might be across the State of Illinois, and we don't 192 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 want to make this such a restrictive Amendment that people who might have a reason to run in a primary election, to be a delegate, would be in a position where they couldn't garner the necessary number of votes to become a candidate. And I would strongly urge all of you, Chicago and downstate, to vote against this bad Amendment."
"Further discussion? Mr. Bowman, the Gentleman from Cook."
"Will the Gentleman yield for a question?"
"Indicates that he will."
"Representative, what does your Amendment provide for signature requirements for ward committeemen? Would you repeat that? For ward committeemen, what is the signature requirement your Amendment proposes?"
"Would you please repeat your question?"
"Oh, the question is, what does your Amendment provide as the signature requirement for ward committeemen?"
"What does it require?"
"Yes."
"Sixteen percent right now."
"And what does your Amendment provide?"
"Twenty-five percent."
"Twenty-five percent?"
"That's correct."
"Of... of what? What's the base, the total population or what?"
"The base in my ward right now is... I have 32,000 registered voters."
"So twenty-five percent of registered voters."
"That's 32,000 registered voters, but twenty-five percent of those that was voted in the last primary election..."
"Twenty-five percent of those who voted in the last primary election." 193 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"...for ward committeeman. Yes."
"Okay. So we're talking about one out of every four people who voted in a primary election have to sign a nominating petition for ward committeemen? One out of four? Now, if my arithmetic serves me correctly, in... a ward is about one-tenth the size of a Congressional District, a little...little larger than that, and... and a congressional figure is, I believe, a half of one percent. I don't believe it's five percent. I think Representative Olson is incorrect. I think if you multiply the number of wards by one half of a percentage point that... that would be the equivalent of five percent of a ward. Okay? So what Representative Olson is saying, I believe, is that your signature requirement provides for five times the number of people to sign in a ward for a ward committeeman's race than in an entire Congressional District for... for a Congressman."
"Well, what I am saying, Mr... Mr. Bowman... Woody Bowman, is that, if you feel that the Congressional District should have more signatures, then you can also attach an Amendment on to indicate that feeling."
"Well, thank you, Representative. I think you got it backwards. I'm suggesting that the congressional signatures are probably adequate, and that your Amendment is probably overkill. I mean right now it's already sixteen percent, as you... as you pointed out, I think in your... your other remarks."
"Well, I... I don't think there would be anywhere more than five or six hundred signatures maybe at the most that it would take for a person to get on a ballot in my ward."
"Well, Mr. Speaker, all I can... all I can say is that some... some Bills we see are... are kind of like, you know, rifles. Others are like cannons, and others are like 194 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 atomic bombs, and this is an atomic bomb."
"The Gentleman from Cook, Mr. Ronan."
"Thank you, Mr. Speaker. I rise in support of this fine Amendment by... by Representative Taylor. This is the kind of reform legislation that we need here in the Illinois House of Representatives. Basically, let's not be misguided by some of the information we've heard. Running for ward committeeman in the City of Chicago is a partisan election. The people who participate in that are people who vote in the Democratic primary or in the Republican primary. That's the way the system should exist. If people don't want to take the time to vote in the primary, they shouldn't... they shouldn't want to determine what goes on within either party situation. Just to clarify the situation, this only affects ward committeemen. It doesn't affect downstate districts. This is the kind of reform that we need in the City of Chicago to... to put it back on the right stand where... where people who are participants in the Democratic Party are the people who participate in the nominating process, and I praise Representative Taylor for the courage to bring this fine Amendment before the Body."
"The Gentleman from Cook, Representative Huff."
"Thank you, Mr. Chairman. I just wanted to say that Representative Ronan took the words right out of my mouth. I'm going to vote 'aye' on this Amendment."
"The Gentleman from Champaign, Representative Johnson."
"I move the previous question on this excellent Amendment."
"Mr. Bowman on a point of order."
"Mr... Mr. Speaker, I'd appreciate it if you'd ask the Parliamentarian to inspect the Amendment and see if it is 195 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 in order."
"We'll... we'll do that. While we're doing that, Mr. Nash. Well, Mr. Nash, we're on a Motion right now."
"I know we're on a Motion, but Amendment #3 corrects what Mr. Bowman is referring to."
"At the rear we can welcome former Representative Irv Smith, there in the center aisle. Irv Smith, hello. Mr. Shaw."
"Yeah, Mr. Speaker, thank you. I would like to announce that at this moment you have West Pullman School in the... behind me here in the gallery along with the teachers, Mrs. Davis, Mrs. Keys, and Mrs. Lindsey. Welcome to Springfield."
"Mr. Bowman, the ruling of the Chair is that it is in order, that the two paragraphs between Amendment #1 and Amendment #2 are not in conflict, Sir. Mr. Johnson has put the previous question. The question, 'Shall the previous question be put?' All in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it. The Mo... the question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it, and the Mo... the Amendment is adopted. Mr. Olson, for what purpose do you rise?"
"Mr. Speaker, my light has been on. I request a Roll Call."
"Mr. Olson, you spoke in debate initially, and that's why I didn't recognize you. Had you had a point of privilege, a point of order, I would have certainly recognized you, but you had spoken in debate. You were the very first person to speak in debate. Are there further Amendments?" 196 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Floor Amendment #3."
"Mr. Vinson, for what purpose do you rise, Sir?"
"Now, Mr. Speaker, on the Amendment before this, you denied people a Roll Call. On this Amendment, it doesn't matter whether Mr. Olson spoke in debate or not. The way in which you're supposed to get recognition of the Chair around here is for your light to be on. His light was on, and you said his light was on. You didn't recognize him, because he didn't speak... because he'd spoken in debate, but there are a number of other reasons in the rules why a person can be recognized around here, to request a Roll Call, to request a verification, for points of order, a number of things. You said that his light was on."
"I'm not sure that you're correct in that situation, Sir."
"Now he has a right to have a Roll Call."
"Absolutely. He does if he asks for it in a timely fashion."
"He asked for it in a timely fashion."
"No, my attention was not brought to that request. He was... at any time."
"Mr. Speaker, you're running through things."
"And there were a number of speakers... a number of speakers who's..."
"... way too fast, and you get in trouble when you do that."
"Well, Mr. Vinson, a number of speakers spoke on this measure. None asked for a Roll Call, including the Gentleman from Lee, who could have asked for a Roll Call at the time that he had the floor. That would have been the appropriate time. Are there further Amendments?"
"Floor Amendment #3, Taylor, amends..."
"Mr. Vinson, for what purpose do you rise?" 197 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"To request a Roll Call on every question before the House for the rest of the day."
"Mr. Vinson, that is out of order, Sir. You can ask for... and each time, and I will certainly give you an opportunity providing you can find the appropriate number to join you in that facade. Now, Mr. Clerk on Amendment #3."
"Amendment #3, Taylor, amends House Bill 1455 as amended."
"Amendment #3, Mr. Taylor."
"Thank you, Mr. Speaker. Amendment #3 is just a technical Amendment to clean up the Amendment we just adopted, and I move for the adoption of Amendment #3 to House Bill 1455."
"Ju... the question... the Gentleman moves for the adoption of Amendment #3 to House Bill 1455. Is there any discussion? The Gentleman from Cook, Mr. Brookins."
"Mr. Speaker, I rise to introduce the members from my district from the Cook Elementary School with their school teacher, Dean Johnson, in the balcony behind you. Won't you rise so we can tell you, welcome to Springfield?"
"On Amendment #3 to House Bill 1455, is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?' All those in favor signi... Yes. Mr. Vinson, for what purpose do you rise, Sir?"
"To request a Roll Call."
"Are you joined by... Yes, he is. On Amendment #3 to House Bill 1455, all those in favor signify by voting 'aye', those opposed vote 'nay'. Voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Mr. Taylor, for what purpose do you rise?"
"First, Mr. Speaker, you did not give me a chance to 198 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 close, because I only wanted to state that this is just a technical Amendment; and, without this Amendment, the Bill would be partially incorrect. But as it is, if we move it to Third Reading, we just pass the Bill out, and I have to get it corrected."
"Well, we haven't gone to Third Reading yet. You're requesting a Poll of the Absentees?"
"Poll of the Absentees."
"Gentleman from Cook requests a Poll of the Absentees. Mr. Preston. Pardon? Mr. Preston votes... goes from... from 'no' to 'aye'. Mr. Preston. Mr. Stuffle votes 'aye'. Mr. Marzuki votes 'aye'."
"Poll of the Absentees. Bowman. Braun. Bullock. Christensen. Currie. Deuchler. John Dunn. Greiman. Greiman votes 'aye'. Levin. McMaster, and Mr. Speaker."
"On this Bill, there are... On this Amendment, there are 52 voting 'aye', 54 voting 'no', and this... 2 voting 'present'. Mr... Yes, Mr. Taylor, for what purpose do you rise?"
"Well, Mr. McMaster first, then, Mr. Speaker, I'd like a verification."
"Mr. McMaster."
"I see that I'm not recorded, Mr. Speaker. I don't know whether Jimmy wants me to do this, but record me as 'no' please."
"All right. Any other people you'd like to have recognized, Mr. Taylor? Mr. Clerk, give me the numbers again, would you please? On this Amendment, there are 52 voting... voting 'aye', 55 voting 'no', 2 voting 'present', and this Bill having... Yes, Mr. Taylor. Mr. Taylor, for what purpose do you rise, Sir?"
"Verification of the negative votes."
"The Gentleman is entitled to a verification of 199 STATE OF ILLINOIS 83RD GENERAL ASSE MELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 the negative vote. Mr. Clerk, verify the negative vote."
"Barger."
"Representative Brookins."
"For verification."
"The Gentleman asks to be verified. Yes. Ms. Frederick asks for leave to be verified, Mr. Taylor. That's okay. Go ahead."
"Continuing with the poll of the negative. Barnes. Birkinbine. Breslin. Brookins. Brunsvold. Churchill. Cowlishaw. Daniels. Davis. Didrickson. Ralph Dunn. Ebbesen. Ewing. Virginia Frederick. Dwight Friedrich. Hallock. Harris. Hastert. Hawkinson. Hensel. Hoffman. Homer. Jaffe. Johnson. Karpiel. Kirkland. Klemm. Koehler. Mays. McAuliffe. McCracken. McMaster. Neff. Nelson. Oblinger. Olson. Bernard Pedersen. William Peterson. Piel. Pierce. Pullen. Reilly. Ropp. Satterthwaite. Steczo. Tate. Topinka. Tuerk. Vinson. Wait. Winchester. Wojcik. Woodyard, and Zwick."
"Mr. Taylor, questions of the Negative Roll Call."
"Mr. Speaker, you know that I'm new, and it's kind of difficult for me to recognize all the names that was called off, but I'm going to start off with a few of them that I do know. Representative McAuliffe."
"Mr. McAuliffe. Is the Gentleman in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'no'."
"Remove him from the Roll Call."
"Representative Oblinger."
"Mrs. Oblinger's in her chair."
"Representative Ropp."
"Mr. Ropp is in his chair."
"You ought to get a higher seat for him so I can see him 200 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 better."
"He's here. I can see him."
"Representative Steczo."
"Mr. Steczo. Mr. Steczo is not in the chamber apparently. Remove him from the Roll."
"Representative Jaffe."
"Mr. Jaffe is not... Mr. Jaffe. Not in the chamber. Remove him from the Roll."
"Representative Winchester."
"Mr. Winchester. Mr. Winchester in the chamber? Not in the chamber. Remove him from the Roll."
"Representative McCracken."
"Mr. McCracken is in the... is in his seat."
"Representative Breslin."
"Ms. Breslin. Ms. Breslin is not in her chair. Remove her."
"Representative Daniels."
"Well, I think Mr. Daniels is very close at hand. Mr. Daniels will... How is he recorded?
"The Minority Leader is recorded as voting 'no'."
"Fine. That's very good."
"Well, you know, Representative Vitek, a few minutes ago was a sick man. I said he was in the nursery (sic - nurse's station) but you called him out. But at any rate, I just want you to show fairness. I will excuse Representative Daniels. Representative Deuchler."
"I'm sorry. Who?"
"Representative Deuchler."
"Oh, Representative Deuchler. The Lady is... How is the Lady recorded?"
"The Lady is not recorded as voting."
"She's not voting. Further questions of the Negative Roll?" 201 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Representative Homer."
"Mr. Homer. Mr. Homer in the chamber? Appears not to be in the chamber. How is he voted?"
"The Gentleman's recorded as voting 'no'."
"Remove him. Mr. Bowman."
"I'm not yet recorded. I'd like to be recorded as 'no'."
"Record Mr. Bowman 'no'. Further questions?"
"No further questions, Mr. Speaker."
"Mr. Mulcahey."
"Mr. Speaker, would you please record me as voting 'aye'."
"Record Mr. Mulcahey as voting 'aye'."
"How about Representative Karpiel?"
"Mrs. Karpiel in the chamber? How is she recorded?"
"The Lady is recorded as voting 'no'."
"Take her off the record. Mr. Klemm. Mr. Klemm has returned to the chamber."
"Mr. Klemm was never verified."
"Mr. Jaffe has returned to the chamber. Clerk, do you have the numbers? On this Bill... Mr. Winchester has returned. Return him to the Roll. Ms. Deuchler. Oh no, you were not taken off the Roll, Ma'am. You had not voted. The Lady from Marshall, Mrs. Koehler 'no'. Mrs. Deuchler 'no'. Mr. Olson, are you seeking recognition?"
"Mr. Speaker, pending outcome of this Roll, if it becomes Affirmative, I would ask for a verification of the affirmative Roll Call."
"You are within your rights, Sir. Ms. Cowlishaw. The Lady from DuPage, Ms. Cowlishaw."
"Mr. Speaker, could you tell me please how I am recorded on that vote?"
"Mr. Clerk, how is the Lady recorded?" 202 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"The lady is recorded as voting 'no'."
"Thank you."
"The Gentleman from Cook, Mr. Levin, for what purpose do you rise?"
"I believe I'm not recorded. Please record me 'no'."
"Record Mr. Levin 'no'. Mr. Steczo has returned to the chamber. Return him to the Roll. On this Amendment, there are 53 voting 'aye', 54 voting 'no', and the Amendment fails. Further Amendment? Mr. Taylor."
"No further Amendments."
"Mr. Speaker, may I have leave to leave our Bill on... leave House Bill 1455 on Second Reading?"
"The Gentleman asks leave to leave... for House Bill 1455 to remain on the Order of Second Reading. Does the Gentleman have leave? He does, and leave is hereby granted. On the Order of House Bills Second Reading appears House Bill 1477, Mr. Giorgi. 1477. Mr. Clerk, read the Bill."
"House Bill 1477, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1480. Mr. Clerk, read the Bill."
"House Bill 1480, a Bill for an Act to amend the Dental Practice Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, Tate, amends House Bill 1480 on page one and so forth."
"Mr. Tate, the Gentleman from Macon." 203 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Yeah, Mr. Speaker, Ladies and Gentlemen of the House, Amendment 1 is a clean up Amendment. It just allows instead of requiring dentists to use their name, address and telephone number in advertisement, it's... it's kind of optional. This as a result of... this is something that you don't normally do with the electronical media. The Sponsor of the Bill has agreed to the Amendment. There's no opposition. Thank you."
"The Gentleman moves for the adoption of Amendment #1 to House Bill 1480. On that, is there any discussion? Mr. Giorgi, the Gentleman from Winnebago."
"Yes, who's Amendment was that again, Mr. Greiman? Tate's Amendment? Tate can you tell me where... from where that Amendment emanates from?"
"The staff felt that it... it needed revised."
"Yes, but I mean, it's solely the staffs thought or is it from some dentists or some..."
"They just wanted to clean it up, because, you know, the electronic media you don't use name, address... you know, a T.V. ad is different than a newspaper ad."
"Okay, in some instances I find you very honorable. I'll... I'll accept your Amendment and support it."
"Is there any further discussion? There being none, the question is, 'Shall Amendment #1 be adopted?' All those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1485. Representative Laurino. Mr. Clerk, read the Bill."
"House Bill 1485, a Bill for an Act to amend the Election Code. Second Reading of the Bill. Amendment #1 204 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 was adopted in Committee."
"Any Amendments? I mean, any Motions?"
"No Motions filed to Amendment #1."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1494. Mr. Clerk, read the Bill."
"House Bill 1494, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, Leverenz, amends House Bill 1494 on page one and so forth."
"Mr. Leverenz."
"Thank you. Amendment #1 to 1494 would provide that this option could not be taken up within six months of retirement. I would move for adoption of Amendment #1 to House Bill 1494."
"The Gentleman moves for the adoption of Amendment #1 to House Bill 1494. Is there any discussion? The Gentleman from DeWitt, Mr. Vinson."
"Yes, would the Gentleman explain the Amendment again, please?"
"The Gentleman yield... indicates he'll yield for questions."
"Would you explain the Amendment again, Sir?"
"Yes, did I mumble?"
"You never mumble."
"The Amendment would provide that this option could not be exercised within six months of retirement, and it would be felt that this Amendment should be adopted for protections 'extraordinare'." 205 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Does that mean that it costs more or less?"
"Say again?"
"Does that mean that it costs more or less?"
"It has nothing to do with the cost at all. Again, the Amendment provides that this request for reimbursement could not be exercised within six months of retirement."
"For reimbursement?"
"For reimbursement."
"There's no reimbursement from the state for this, is there?"
"You're right. And that's why I think it's a great Amendment and would look forward to your support."
"Does it cause an increase in property taxes?"
"No. It does not."
"Without referendum?"
"With it or without it, it doesn't cause an increase."
"Thank you."
"Are you... are you run out of your questions?"
"Yes."
"Thank you."
"Is there further discussion? There being none, Mr. Leverenz to close."
"I'd simply ask for a resounding 'aye' for this good Amendment on House Bill 1494."
"Mr. Terzich, were you seeking recognition, Sir?"
"Well, I did want to ask a ques... Is this where the police officer can get a refund of contributions because he made a higher salary and this is to refund money back because he was lowered to a lower rank or something of that nature?"
"If he asked the question, the answer's yes."
"And if..." 206 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Well, Mr... Mr. Terzich, we had... Mr. Leverenz was closing actually, and if you'd like... Thank you, Sir. Mr. Vinson, for what purpose do you rise, Sir?"
"Request a Roll Call on this."
"The Gentleman asks for a Roll Call. All... The question is, 'Shall Amendment #1 to House Bill 1494 be adopted?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is open. Have all voted who wish? Mr. Clerk, take the record. On this... on this Amendment, there are 61 voting 'aye', none voting 'no', 16 voting 'present', and the Amendment is adopted. Further Amendment?"
"Amendment #2, Leverenz - Cullerton."
"Mr. Leverenz."
"I yield to the... Mr. Cullerton."
"Mr. Cullerton, the Gentleman from Cook."
"Yes, thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Amendment #2 takes care of the problem of triggering a refund just before retirement. This requires that the person must be demoted at least six months before retirement. So, I would ask for the adoption of the Amendment."
"The Gentleman moves for the adoption of Amendment #2 to House Bill 1494. Is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?' All those in favor signify by saying 'aye', those opposed say 'no'. The 'ayes' have it. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Representative Leverenz, for what purpose do you rise, Sir?"
"Well, we have a clarification I would like to make and certainly to Representative Vinson. The Amendment 1, which you were asking questions about, I thought it did what I 207 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 explained to you and don't understand why you didn't send somebody over to straighten me out. This removed it from the Mandates Act. That which I told you was the explanation to Amendment #2. Amendment #1 removed it from the Mandates Act. I know of only one situation where anyone would ask for reimbursement; but, for additional protection, it was thought that no one should be able to ask for reimbursement six months prior to retiring. I did not have the Amendment in hand and want that totally put in the record that what I told you the first time was incorrect. Thank you."
"Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1497. Mr. McCracken. You going to take that? All right. Mr. Clerk, read the Bill."
"House Bill 1497, a Bill for an Act to amend Sections of the Unified Code of Corrections. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Mr. McCracken. Oh, I'm sorry. Are there any Motions?"
"No Motions filed."
"Third Reading. Yes, Mr. Cullerton. All right. We'll go back. We'll go back. There were no Motions filed to Ho... to Amendment #1 of House Bill 1497. Are there Floor Amendments?"
"Floor Amendment #2, Koehler - Homer."
"Fine. Ms. Koehler."
"Thank you, Mr. Speaker, for coming back for Amendment #2 to House Bill 1497. Amendment #2 reestablishes the original intent of the prisoners' early release program 208 STATE OF ILLINOIS 83RD GENERAL ASSE MBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 where the Legislature intended to allow 90 days of a prisoner's sentence off for good behavior and 90 days only, not the way the Department of Corrections is currently and arbitrarily interpreting the law to allow 90 days, plus 90 days, plus 90 days, to where some criminals are now only serving about a third of their original sentence. I introduced this Amendment to emphasis to the Department of Corrections that their recent expressed intention to give early release to more dangerous criminals is completely unacceptable. The provisions of my Amendment are currently being tested though in the county courts in Winnebago County and here in Sangamon County; therefore, I am withdrawing this Amendment at this time in support of Amendment #4 that is going to be offered by Representatives Hawkinson, Homer, and myself. Thank you."
"The Lady withdraws Amendment #2 to House Bill 1497. Representative Cullerton."
"Yes, Mr. Speaker. I wonder if our rules provide for a method by which I can object to the Lady withdrawing her own Amendment? Mr. Speaker, if I could explain. The Lady has offered an Amendment which is... indicates that she thinks that... she is very much against the early release provisions as espoused by the Department of Corrections. She thinks that these criminals should be kept in jail, even though the jails are overflowing, which follows that she is in favor of raising taxes to provide for more prisons. She indicated that this has been litigated, but we can certainly pass this Amendment, which I think is a good idea, since I, also, am willing to join her in raising enough money to pay for more prisons. So I think that we should try to amen... adopt this Amendment, and I wonder if it's possible for... do our rules provide for a way in which we could... I could force a Roll Call on this." 209 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Mr. Cullerton, our rules provide that a Member may withdraw an Amendment that they have offered."
"Well, I'm just very disappointed that she's withdrawn it. I'll state that for the record."
"Of course, you, Sir, could... could put in one. Yes, Mr. Hallock, Gentleman from Winnebago."
"Yes, Mr. Speaker, on a point of personal privilege, I'd like to point out that logic would assume that there are other ways to provide maximum care of our prisons beyond just raising taxes. I think that there are other ways to spend the budget..."
"Well, excuse me. Excuse me, Mr. Hallock. I don't... I know you wouldn't want to abuse that privilege. Unless you're a prisoner, I suspect you don't have any personal privilege on jail sentence. We have no Amendment. The Lady from Henry... from Marshall has withdrawn her Amendment. Are there further Amendments?"
"Floor Amendment #3, Hawkinson - Homer."
"Mr. Hawkinson."
"Thank you, Mr. Speaker. I have a substitute Motion and would ask to withdraw Amendment #3."
"The Gentleman withdraws Amendment #3 to House Bill 1497. Are there further Amendments?"
"Amendment #4, Hawkinson - Homer - Koehler."
"Mr. Hawkinson."
"Thank you, Mr. Speaker. Amendment #4 is offered to address a problem involved with the early release of prisoners from our state institutions. Amendment #4 would simply require the Department of Corrections to give reasonable advanced notice to the state's attorney of the county in which they were sentenced when an early release is to take place. This is to enable the state's attorney to notify any victim of whom he may be aware has a 210 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 potential problem with the release of the prisoner, and I would urge the adoption of this Amendment."
"The Gentleman moves for the adoption of Amendment #4 to House Bill 1497. On that, is there any discussion? The Gentleman from Cook, Mr. Cullerton."
"Will the Sponsor yield?"
"Indicates that he will."
"Now, this Amendment only applies to people who are released pursuant to the grant of good conduct... an early release pursuant to the early release program. Is that correct? In other words, people that get out early on the basis of the day-for-day, this wouldn't apply to them."
"Mr. Hawkinson."
"Thank you, Mr. Speaker. Now this applies only to those who are in the meritorious good time and not the... not the day-for-day."
"And it does not require the state's attorney to notify the victim, does it?"
"This Amendment does not. It simply requires the Department to notify the state's attorney."
"So then the State's Attorney will know of all the people who are ex-convicts who are within their county."
"That's correct. The problem, at the present time, is the letter often arrives a week to two weeks after the release."
"Well, why don't we expand this concept so that each county throughout the state... each state's attorney will know where all the ex-convicts are? Why is this... why is this just limited to people who Michael Lane decides, who by the way he claims are nonviolent criminals, why are we notifying the state's attorney about the nonviolent criminals? Why don't we notify the State's Attorney about all the... the... say the murders and the rapists? Why 211 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 don't we let... expand this so that those names are given to the state's attorney?"
"They get those... those notices, as a matter of course. This applies to those cases where there's early, unexpected releases where the state's attorney has the need to know early. He... the state's attorney presently gets a list of all those who are on mandatory supervised release and is aware of the information you're seeking. If you wish to offer an additional Amendment, I'd certainly consider supporting that as well."
"So you'll hold it on Second?"
"No."
"The Gentleman from Fulton, Mr. Homer."
"Thank you, Mr. Speaker and Ladies and Gentlemen. We all recognize, of course, that the overcrowding problem in our prisons is a significant one. I don't think that to be opposed to the early release and the arbitrary release of... of prisoners is to suggest that you also have to be for an income tax increase. Certainly the provision of additional prisons may be a position that would be advisable, but I think there are other solutions to the problem, other alternatives. Perhaps one that would be much less costly would be the construction of temporary work release facilities which would accommodate the population problem we're having in the prison. A much... even a more preferable position would be for the Department of Corrections to petition to the court, to petition the sentencing Judge to alleviate, or reduce, or modify the sentence that the Judge imposed. But I think that the issue we have here today goes far beyond the overcrowding problem, and it goes to the very fundamental concept of our form of government which has three branches. It has the Legislative Branch that sets the... that determines the 212 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 crimes and sets the penalties. We have the Judicial Branch which imposes criminal penalties, and we have the Executive Branch whose duty it is to carry out the edict of the court. But what we're seeing happen here is the Executive Branch, by whatever determination, is releasing people and abrogating the Judge's sentence. Wouldn't it be more sensible to have the Executive Branch petition the Judge, to indicate to the Judge that there is an overcrowding problem and ask the Judge to modify or reduce the sentence. I think that we should go on record in this Branch as saying that we think that the... the three forms of government should be maintained, and the Executive Branch should not have the arbitrary and full ability to abrogate our legislative edicts and judicial sentences. I think this is... I think this is a good Amendment. I think this will allow the state's attorneys to have advanced notice so they can petition the court in a particular case to enjoin the Executive Branch from the early release of specific prisoners. And I would urge this Body to... to support this Amendment, and I would, in closing, just quote from an editorial that was in yesterday's Peoria Journal Star which says this, 'Keeping citizens safe from criminals is one of the most fundamental duties of State Government.' And I don't think we should forget that here in this Body."
"The Gentleman from Hardin, Mr. Winchester."
"I move the previous question, Mr. Speaker."
"The Gentleman has moved the previous question. The question is, 'Shall the previous question be put?' All in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it, and Mr. Hawkinson to close, the Gentleman from Knox."
"Thank you very much, Mr. Speaker. I would only add that this Amendment was drafted with the agreement of the 213 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Department of Corrections. I think they now realize we... we've got their attention and that some reasonable advance notice should be given. I would ask for a favorable vote."
"The question is, 'Shall this Amendment be adopted?' All those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Further Amendment?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1560. Mrs. Younge, on 1560. Out of the record. On the Order of House Bills Second Reading appears House Bill 1585. Out of the record. On the Order of House Bills Second Reading appears House Bill 1624, Mr. Friedrich. Out of the record. On the Order of House Bills Second Reading appears House Bill 1661, Mrs. Braun. Out of the record. On the Order of House Bills Second Reading appears House Bill 1676. Mr. Clerk, read the Bill."
"House Bill 1676, a Bill for an Act to provide..."
"Mr... excuse me. Mr. Giglio, do you want that Bill called?"
"I'd love to have it called, Mr. Speaker, but I can't. You better hold it, but I'll take the next one and move it."
"All right. Then take that out of the record. On the Order of House Bills Second Reading appears House Bill 1679. Mr. Clerk, read the record... read the Bill."
"House Bill 1679, a Bill for an Act to amend Sections of the Election Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Mr. Giglio. Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?" 214 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"No Floor Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1702. Mr. Woodyard. Mr. Clerk, read the Bill."
"House Bill 1702, a Bill for an Act to amend the Election Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, Cullerton."
"Mr. Cullerton on Floor Amendment #1."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The Bill has to do with the ability to use clustered precinct zones, and it increases the current law from four to seven continuous precincts. The Amendment says that this Bill would not apply to a Board of Election Commissioners for a city with a population in excess of three million, which of course is Chicago. So the Bill would not apply to Chicago with this Amendment being adopted. Apparently the need for the Bill was in rural areas and felt it wasn't needed to... for the City of Chicago. So, that's the purpose of the Amendment. And I believe that the Sponsor of the Bill is in agreement with the Amendment."
"The Gentleman moves for the adoption of Amendment #1 to House Bill 1702. Is there any discussion? Mr. Woodyard. The Gentleman from Vermilion, Mr. Woodyard."
"Thank you, Mr. Speaker. As Mr. Cullerton did indicate, I do concur with the Amendment. It simply amends out Chicago."
"Is there further discussion? Further discussion? There being none, all those in favor signify by... Gentleman from Cook, Mr. Yourell."
"Yes, would the Gentleman yield for a question?" 215 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Indicates that he will."
"What we're... what we're doing here, I guess, is to change the number of clustered precincts to a maximum of seven. Is that correct?"
"That's what the Bill does. Right."
"Okay. Now, would you have a separate board for each of the clustered precincts?"
"No. I'm not the Sponsor of the Bill. I'm the Sponsor of the Amendment that says that it doesn't apply to Chicago."
"No. I'm talking to the Sponsor of the Bill."
"Oh. Well, we're on the Amendment. It's on Second Reading."
"Well, Mr. Yourell, we're on the... actually on the Amendment."
"Oh, I'm sorry."
"The Gentleman from Will, Mr. Van Duyne."
"Excuse me. I'm looking at the synopsis, and it would have a definite baring on your Amendment, Representative Cullerton. If you... if you're allowing us to go from five clusters precincts now to seven and... and presuming that our election law allows for... Well, I really... I'm thinking about Will County. I don't really care about Chicago as it pertains to this... the..."
"Mr. Speaker, I would just say that..."
"Well, I'm... I'm sorry. Maybe I'm a little bit confused. I thought that Representative Yourell alluded to this Amendment being one that would allow clustering of more than five to seven..."
"Mr. Van Duyne, you're asking about the scope of the Bill. Mr. Cullerton, do you want to respond so that he understands."
"I think he's talking about the merits of the Bill 216 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 which he can debate on Third Reading."
"If you'd just allow me about eight seconds, Mr. Speaker."
"Proceed."
"The Bill says, you know, in our synopsis that it provides for only one judge per precinct in clustered precincts. Now, I want to know whether we got seven precincts clustered by this Amendment... would be allowed... would be allowed seven judges? Okay. Okay."
"Mr. Cullerton."
"I'm sorry. Thank you."
"I move for the adoption of the Amendment."
"Is there further discussion? There being none, the question is, 'Shall Amendment #1 be adopted?' All in favor signify by saying 'aye', those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1712. Mr. Clerk, read the Bill."
"House Bill 1712, a Bill for an Act to amend the Retailers' Occupation Tax Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"None."
"Third Reading. 1805. Out of the record. On the Order of House Bills Second Reading appears House Bill 1818, Mr. Flinn. Mr. Flinn, do you wish to proceed with that? Mr. Clerk, read the Bill."
"House Bill 1818, a Bill for an Act in relation to the rate of interest and other charges in connection with sale on credit and lending of money. Second Reading of the 217 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Bill. Amendment #1 was adopted in Committee."
"Any Floor Amendments? Was there a Committee Amendment, Mr. Clerk? I'm sorry."
"Committee Amendment #1."
"And are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, Cullerton."
"Mr. Cullerton."
"Mr. Speaker, I'd ask leave to withdraw Amendment #2."
"The Gentleman withdraws Amendment #2 to House Bill 1818. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading appears House Bill 1859. Mrs. Braun. Out of the record. On the Order of House Bills Second Reading appears House Bill 1862. Representative Cullerton. Do you want that read, Sir? Out of the record. On the Order of House Bills Second Reading appears House Bill 1866. That's space been moved already, okay. On the Order of House Bills Second Reading appears House Bill 1872. Mr. Clerk, read the Bill."
"House Bill 1872, a Bill for an Act in relation to energy-efficient building standards. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, Ralph Dunn."
"Mr. Dunn."
"Thank you, Mr. Speaker. I don't think the Amendment's been distributed, and I guess we'll have to hold it on Second."
"Mr. Clerk, the Amendment has not been distributed? Mr. Dunn, we're going to have to pass that. 218 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Message from the Senate."
"A Message from the Senate by Mr. Wright, Secretary. 'Mr. Speaker, I am directed to inform the House of Representatives the Senate has passed Bills of the following titles passage of which I'm instructed to ask concurrence of the House of Representatives, to wit; Senate Bills #3, 10, 12, 13, 20, 25, 26, 44, 46, 47, 53, 54, 57, 60, 61, 66, 77, 78, 86, 92 and 101, passed by the Senate May 19, 1983. Kenneth Wright, Secretary'."
"Committee Reports."
"Representative Matijevich, Chairman from the Committee on Rules, to which the following Resolutions were referred, action taken May 19, 1983, reported the same back with the following recommendations: 'be adopted' House Resolution 278 and 280; 'be adopted as amended' House Resolution 279."
"On the Order of Motions, we have received a Motion on House Bill 2023, Mr. Curran. Yes, Mr. Johnson."
"Where are we on the Calendar, what page?"
"We have concluded all of the Second Readings, Mr. Johnson. We have... We then moved to Committee Reports. We then moved to Messages from the Senate, and we... I now have Mr... I've recognized Mr. Curran for the purposes of a Motion. You might check with your folks. Apparently, there is no disagreement with to respect to this Motion. On the Order of House Bills Second Reading, Short Debate Calendar, page two of your Calendar, appears House Bill 115, Mr. Terzich. Out of the record. Is that... Mr. Terzich, are we ready on that?"
"I'd like to take 115 to 137 out of the record and move with 142 and 144."
"Well, are you saying you want to take House Bills 115, 116 out of the record?" 219 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"23, 28, 29, 30, 32, 33, 34, 35 and 37."
"Out of the record, is that right?"
"Right."
"Alright. Mr. Johnson, for what purpose do you rise?"
"How many Bills have we taken out of the record?"
"Well, apparently, on the Calendar, he is taking out all of the Bills up to 142."
"Okay."
"Alright?"
"That's fine."
"On page two of the Calendar."
"Right, right."
"Alright, on the Order of House Bills Second Reading, Short Debate, appears House Bill 142. Mr. Clerk, read the Bill."
"House Bill 142, a Bill for an Act to amend various Acts to remove references to fee offices. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills Second Reading, Short Debate, appears House Bill 144. Mr. Clerk, read the Bill."
"House Bill 144, a Bill for an Act to amend Sections of the Revenue Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"None."
"Third Reading. On the Order of House Bills Second Reading, Short Debate, appears House 147. Mr. Clerk, read the Bill."
"House Bill 147, a Bill for an Act to amend the 220 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Code of Civil Procedure. Second Reading of the Bill."
"Mr. Terzich."
"Yes, Mr. Speaker, the ballots are going to be reviewed. So, I'd like to take from 147 through... and including 165 out of the record."
"So, you've requested to take 147 out of the record, is that right?"
"Yes, and then up to and including 165."
"Up to 165. Mr. Johnson, you have that? Alright, you following me? Alright, then those Bills will be out of the record. And now we're on page three of the daily Calendar, Second Reading Short Debate. On the Order of House Bills Second Reading, Short Debate, appears House Bill 1293. Mr. Clerk, read the Bill."
"House Bill 1293, a Bill for an Act to amend Sections of the Illinois Vehicle Code. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Topinka."
"Ms. Topinka."
"Mr. Speaker and Ladies and Gentlemen of the House, Amendment #4 ultimately goes and adds onto this Bill an Amendment which would make a towing company provide personnel on the... Oh, just withdraw 1. Okay."
"You request to withdraw 1?"
"Yes, please."
"Lady asks to withdraw Amendment #1 to House Bill 1293. Are there further Amendments?"
"Floor Amendment #2, Hoffman."
"Mr. Hoffman on Floor Amendment #2."
"I'd like to withdraw Amendment #2, please."
"The Gentleman asks... The Gentleman withdraws Floor Amendment #2 to House Bill 1293. Are there further 221 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Amendments?"
"Floor Amendment #3, Hoffman."
"Mr. Hoffman."
"Thank you very much, Mr. Speaker, ladies and Gentlemen of the House. The original Bill, House Bill 1293, did what we wanted it to do, but it did it in the wrong Section. And so, under the sharp eye of Representative Cullerton, this was perceived; and, with their assistance, we drew Amendment #3 which amends the correct Section. And I would move for the adoption of Amendment #3."
"The Gentleman moves for the adoption of Amendment #3 to House Bill 1293. Is there any discussion? There being none, the question is, 'Shall Amendment #3 be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Are there further Amendments?"
"Floor Amendment #4, Topinka."
"Mrs. Topinka."
"Yes. Now, Amendment #4 would make a towing company register a telephone number with the police departments in any municipality in which they were operating. It would also provide a... some personnel to be available to answer that telephone and to provide for a reclamation of any towed vehicle during the hours that are advertised and also sets up a way of making contacts with the local police department to show that indeed, if an effort has been made to get that car and, or the vehicle rather, and the vehicle... the personnel or the towing company has not made the reclamation available to the party who is aggrieved, that they will be able to get their vehicle back at no cost."
"The Lady moves for the adoption of Amendment #4 222 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 to House Bill 1293. On that, is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair the, 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bill... Leave that the... that this Bill remain on the Order of Short Debate. On the Order of House Bills Second Reading appears... Short Debate, appears House Bill 1311. Mr. Steczo. Mr. Clerk, read the Bill."
"House Bill 1311. This Bill was read a second time previously. Amendment 2 was adopted, and the Bill was held for a fiscal note."
"Has the note been filed, Sir?"
"Fiscal note is filed."
"Are there further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading, Short Debate, appears House Bill 1611. Mr. Laurino, is he in the chamber? Out of the record. On the Order of House Bills Second Reading, Short Debate, appears House Bill 1738. Mr. Shaw. Mr. Shaw, do you wish to proceed on House Bill 1738? Mr. Clerk, read the Bill."
"House Bill 1738, a Bill for an Act to amend Sections of the Illinois Wage Payment and Collection Act. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, Cullerton."
"Mr. Cullerton."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is another Amendment that was suggested by 223 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Representative Ropp. This just adds the mental state of adding the word 'knowingly' to the mental state in the criminal offense. And I would ask for the adoption of this Amendment."
"The Gentleman moves for the adoption of Amendment #1 to House Bill 1738. Is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Are there further Amendments?"
"No further Amendments."
"Third Reading. On the Order of House Bills Second Reading, Short Debate, appears House Bill 1939. Out of the record. Oh... And do we have a leave to keep House Bill 1738 on the Order of Short Debate? Leave is hereby granted. 1939, out of the record. On the Order of House Bills Second Reading, Short Debate, appears House Bill 2059. Mr. Vinson. Out of the record. On the Order of House Bills Second Reading, Short Debate, appears House Bill 2179. Mrs. Younge. Mr. Clerk, read the Bill. Out of the record, okay. On the Order of House Bills Second Reading, Short Debate, appears House Bill 2194. Mr. Ewing, do you wish to proceed with that Bill? Mr. Ewing? 2194. Out of the record. We will now return to the Order of House Bills Second Reading, on page four of your Calendar. On the Order of House Bills Second Reading appears House Bill 3. Mr. Levin. House Bill 3. Out of the record. Appears House Bill 16. Out of the record. House Bill 207, Ms. Currie. Out of the record. House Bill 234. On the Order of House Bills Second Reading appears House Bill 234. Mr. Clerk, read the Bill."
"House Bill 234, a Bill for an Act in relation to access to public records and documents. Second Reading of 224 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 the Bill. Amendments #1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, were adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #12, Johnson."
"Mr. Johnson. Mr. Johnson, take your time. Mr. Johnson on Amendment 12."
"Can I inquire of the Parliamentarian? There's Amendments 12 and 13, which appear to be identical. I can withdraw the first one, assuming that 13 is an order. I realize it's out of...A little unusual to make that request."
"Are we going to negotiate?"
"No."
"Okay."
"Representative... Just give me one second. It appears they're identical."
"They appear to be identical. You can take your choice."
"I'll withdraw 12."
"The Gentleman withdraws Amendment #12."
"Lucky 13."
"To House Bill 234. Further Amendments."
"Floor Amendment #13, Johnson."
"And now Mr. Johnson on Amendment #13."
"Thank you, Mr. Speaker and Members. This Bill simply clarifies what the testimony and the apparent intent at the Committee was, that is to clarify that the Act also applies to home rule units in the State of Illinois and makes the Act the exclusive power of the state. I think this was the thrust of all the testimony in Committee, and I think the... hope the intent of the Sponsor. And I would move 225 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 for its adoption."
"The Gentleman moves for the adoption of Amendment #13 to House Bill 2334 (sic - 234). Is there any discussion? And on that, the Lady from Cook, Mrs. Currie."
"Thank you, Mr. Speaker and Members of the House. Representative Johnson is half right. For sure, House Bill 234 is a preemption of home rule powers. For sure it applies to all home rule units of government in the State of Illinois. It is, however, my intention, that under Section H and I of the Constitution, home rule units of government would be able to act concurrently with the state in this area. That means, that should a local unit of government, a home rule unit of government decide that it wants to be even tighter with respect to the provisions of freedom of information, they would have the opportunity to do so. Let me give you an example. Under House Bill 234, there is a provision that agencies, public bodies, local home rule units of government may charge copying fees for information acceptable to the public under the provisions of this act. If a home rule unit of government, to further the basic principles of House Bill 234, wanted to scratch the fee provision, that would be okay, and I would applaud that local government. So, because... because although, it certainly is accurate to say that this Bill preempts home rule powers, I think it would not be appropriate to prohibit the concurrent exercise of home rule powers in this area. I would ask the Members of this House to reject Amendment #13."
"Is there further discussion? There being none, Mr. Johnson to close."
"No, I don't want to close. I... I agree with Representative Currie. I'm for freedom of information at every level, and I want to make it as broad as possible, 226 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 and if she feels this weakens the intent of the Bill, I withdraw the Amendment."
"The Gentleman withdraws Amendment #13 to House Bill 234. Are there further Amendments?"
"Floor Amendment #14, Dwight Friedrich."
"Mr. Friedrich. Mr. Friedrich in the House? Mr. Friedrich. Mrs. Currie? Mrs. Currie."
"Thank you, Mr. Speaker. I move to table Amendment 14 to House Bill 234."
"The Lady moves to table Amendment 14 to House Bill 234. All those in favor signify by saying 'aye', those opposed... Yes, Mr. Vinson. Yes, Sir?"
"I wonder what the Lady's motivation in tabling the Amendment is."
"Well, we were on a Roll Call, but I'm going to... We're going to withdraw that, in any event. Mr. Friedrich is here. We're certainly going to afford him the courtesy of having his Amendment heard. On Amendment 14, Mr. Friedrich."
"Well, Mr. Speaker, this a simple little Amendment. All it does is says that if the press has knowingly refused to disclose any information to a court in a criminal proceeding, he'd be of guilty of a felony. I don't see anything wrong with that, because anyone else is guilty of a felony if they withhold information, and we have a case on record where that would have made the difference in breaking the very dangerous criminal. Now, if you think the press should have some special consideration in keeping a prisoner... a felon from being convicted, then, of course, you are to be against this. If you feel as I do, that freedom of information is for everybody, then you ought to be for this Amendment."
"Yes, Mr. Bowman, for what purpose do you 227 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 arise?"
"To question the germaneness of this Amendment."
"We're looking at the Bill at this very moment."
"You beat me to it again."
"Mr. Friedrich, Mr. Bowman has made inquiry of the Chair as to whether Amendment #14 is germane. The Chair rules that it is not germane."
"Well, that's unfortunate, because here was the chance to bring freedom information to everybody."
"Well, I would just give you the reasons for that ruling, Sir. This Bill relates to public records and documents. Amendment #14 is limited to documents and materials that would be in control of private individuals, and accordingly, the Chair would rule that Amendment 14 is out of order. Are there further..."
"Thank you. I'll have to find another place for this fine Amendment."
"There's always a vehicle. Are there further Amendments?"
"Floor Amendment #15, Currie."
"Mrs. Currie."
"Thank you, Mr. Speaker, Members of the House. Amendment 15 responds to various items that were not adequately responded to in the original draft of the Bill. We have made sure that personal information maintained with respect to people who are recipients of Section 8 housing, or our students at the University of Illinois will be exempt from public disclosure, as already, we've provided for patients and students and other kinds of people. We have made sure that disciplinary actions, personal names, individuals affected by disciplinary cases at the state universities, again, will not be subject to disclosure. So, that's basically what Amendment 15 is about, and I would urge your 228 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 support."
"The Lady has moved for the adoption of Amendment 15 to House Bill 234. On that, is there any discussion? There being none, the question is, 'Shall this Amendment be adopted?'. All those in favor signify by saying 'aye', those opposed 'nay'. The 'ayes' have it, and the Amendment is adopted. Are there further Amendments?"
"Amendment #16, Currie."
"Currie. Mrs. Currie."
"Thank you, Mr. Speaker and Members of the House. Amendment 16 merely conforms the State Records Act and the Local Records Act to the provisions of House Bill 234."
"The question is, 'Shall Amendment #16 be adopted?'. Is there any discussion? There being none, the question is, 'Shall Amendment 16 to House Bill 234 be adopted?'. All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Are there further Amendments?"
"Amendment #17, Currie."
"Mrs. Currie."
"Amendment 17 merely says that the offices of the public bodies that must respond to requests for freedom of information should be the administrative or the regional offices, not the agricultural extension offices."
"The Lady has moved for the adoption of Amendment 17 to House Bill 234. Is there any discussion? The Gentleman from McLean, Mr. Ropp."
"Would the Sponsor yield?"
"She indicates that she will."
"Representative, I honestly didn't hear exactly what you said. Would you kindly repeat what you said this Amendment did?" 229 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Mrs. Currie."
"The Bill provides that public bodies shall make various kinds of things available at their offices. This Amendment says, 'at their administrative or regional offices'. So that, for example, the extension offices throughout all 102 counties in the State of Illinois operated by the University of Illinois, will now be places where you go in order to get the information that that university must disclose under the provisions of the Act."
"Okay, thank you."
"Is there further discussion? There being none, the question is, 'Shall Amendment 17 be adopted?'. All those in favor signify by saying 'aye', those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Are there further Amendments?"
"Amendment #18, Hastert - Jaffe."
"Mr. Hastert, the Gentleman from Kendall."
"Mr. Speaker, Ladies and Gentlemen of the House, Amendment #18 simply is an Amendment which safeguards the Legislative Investigative Commission which is a body and a permanent Commission of this... of the General Assembly. One of the problems that exists, that there is an umbrella for those investigations that deal with criminal... and charging criminals. However, we do similar investigations. We have informants and things like that. However, we have no safeguard. And we do not do criminal prosecution, so we need some type of safeguard that does give an umbrella over the Legislative Investigative Commission, that really does a lot of work for this House."
"The Gentleman has moved for the adoption of Amendment 18 to House Bill 234. Is there any discussion? The Lady from Cook, Mrs. Currie."
"Yeah. Unfortunately, Mr. Speaker, I find myself in the 230 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 unhappy position of having to ask my colleague to reject Amendment 18 to House Bill 234. The concerns of the Legislative Investigating Commission, apparently, only surfaced today. This Bill was one introduced early in the Session. It came out of Representative Jaffe's Committee some weeks ago. Unfortunately, it looks to me as if the language that they've proposed today would have much broader application then merely the investigatory and the confidentiality issues, that apparently, are the basics of their concern. I am sympathetic to their response. There will be another freedom of information Bill coming across to this House from the Senate. There will be opportunities to address their issues adequately, when House Bill 234 is considered in the Senate, but I do not think it would make sense to go with this special interest Amendment at the 11th hour on Second Reading on House Bill 234, and I would respectfully ask my colleagues to reject Amendment 18 to this Bill."
"The Gentleman from Cook, Mr. Jaffe."
"Yes, Mr. Speaker and Members of the House, I rise in support of Amendment #18. For the Sponsor to say that we should attack another Bill, which may not be the Bill when it comes over, will not solve the problems of the Investigating Commission. The Investigating Commission is an arm of this particular Body. It does the job of investigating when this Body tells it to do so, and to hamper it, I think, would just be a folly. The Amendment that we have offered is not a severe Amendment. It's a very reasonable Amendment. As a matter of fact, it leaves most of the papers and documents of the Commission open. All that it does is protect us during the time of investigation, and I think it's a good Amendment. And I think it should be adopted at this point. For us to wait 231 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 for something to come back from the Senate may totally render the Investigating Commission useless, because this Bill may either never come back from the Senate, or it may come back on a concurrence at which time we will not have a vote. So I would urge an 'aye' vote on Amendment #18."
"The Gentleman from Cook, Mr. Bowman."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. It seems to me that this is really untimely. The legislation was worked on very carefully in Committee, and in fact, the... What he is proposing here with Amendment #18 is to undue something that was done in Committee. A... I believe it was his own Committee that considered this legislation. And this is a very carefully crafted piece of legislation that has been the result of many, many hours of meetings between the Sponsor and the various groups that are affected. And there have been substantial concession on both sides, and now, the thing is in a very delicate state of equilibrium. And I think this Amendment really is not timely offered. However, this process will be repeated all over again in the Senate. And obviously, no commitments can be made here that bind the Senate. And I would urge the Sponsor to reconsider, to withdraw his Amendment at this time, and to ask the member of the Commission that he's interested in, who is in the Senate, I'm sure there are several who are in the Senate, who will be willing to take this on, to raise the issue over there, and to attempt to deal with it at that time. And so, I would hope the Sponsor would reconsider."
"The Gentleman from Cook, Mr. Levin."
"Will the Gentleman yield for a question?"
"Indicates that he will."
"Okay. Representative Hastert, I have two Amendments on my desk. I have Amendment 18 and Amendment 19, which in 232 STATE OF ILLINOIS 83RD GENERAL ASSEBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 most respects, appear to be the same. I wonder if you can explain the difference between the two Amendments, and why they were both filed?"
"Well, Representative Levin, we're talking about Amendment #19 at this time. Amendment #18..."
"Well, we want to know they..."
"I'm explaining, Representative Levin. Amendment #18, simply, is more definitive in saying what exactly types of information that we're trying to take care of here in... for the legislative investigation, and it ties up to the language on line 3 through 5. If you will look at that, it says it's only a Commission in the Legislative Commission which is charged the responsibility of conducting investigations on any with matter upon which the General Assembly may work, and that really narrows that down to very, very specific languages; very, very specific situations and only the Legislative Investigative Commission in the House."
"I note that the major difference is that the... last paragraph does not appear on Amendment #19. What does the last paragraph in Amendment #18 refer to? The one that starts at the end of Section 7?"
"What's your question again?"
"What is..."
"Representative... For what purpose the Gentleman from Lake arise, Representative Matijevich?"
"Point of order. He's discussing 19 and we're not even there yet. Let's get through 18 first. Let's do them one at a time."
"Your point is well taken. Let's wade through 18 and then we'll do 19, okay? Thank you. Mr. Levin, are you through? Is there further discussion? There being none, Mr. Hastert, the Gentleman from Kendall, to close." 233 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Well, Ladies and Gentlemen of the House and Mr. Speaker, this is just an Amendment that's taking care of a very important Legislative Commissioner or Commission in this Body. We talk about things being timely, but the Sponsor just amended... put two Amendments on, so, I'm not sure how she can argue about things being timely. We feel this is important. It's important to do it now. It's important to guarantee the sanctity of that Commission, and it's a commission that has benefited all of us, and I ask for your positive vote on this Amendment."
"The question is, 'Shall Amendment 18 be adopted?'. All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'nays' have it, and the Amendment is adopted... is... fails. There has been a request for Roll Call. It was a close one, so we will go... we'll run it again. Okay. The question is, 'Shall Amendment 18 be adopted?'. All those in favor signify by voting 'aye', those opposed vote 'nay'. Voting is now open. Shows you how funny the ears can be. Mr. Clerk, take the record. On this Amendment, there are 91 voting 'aye', 13 voting 'no', none voting 'present', and this Amendment is hereby adopted. Further Amendments?"
"Floor Amendment #19, Hastert - Jaffe."
"Mr. Hastert."
"Mr. Speaker, Ladies and Gentlemen, I would like to withdraw Amendment #19."
"Amendment #19 will be withdrawn. Are there further Amendments?"
"No further Amendments."
"Third Reading. Yes, Mr. Winchester, what purpose do you arise, Sir?"
"Well, I'd like to know if the State Mandates Act and 234 STATE OF ILLINOIS 38RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 the fiscal note request as amended has been filed with the Clerk?"
"Mr. Clerk, have the appropriate responses to the request for a Mandates Act been filed?"
"A fiscal note as amended has been filed, but not a State Mandates Act."
"Well then it remains on Second Reading. Is that correct, Mr. Speaker?"
"Mrs. Currie."
"There was a State Mandates Act filed on this Bill from the Department of Commerce and Community Affairs. None of the Amendments that have been adopted to the Bill would have any impact on the State Mandates issue. My understanding is that yesterday or the day before, this Chair ruled that in the event that a Bill had been amended in such a way as to make no difference to the Mandates Act note that was filed on the original Bill, then there would be no requirement that a separate State Mandates Act note as amended be filed in addition."
"Mr. Piel."
"Mr. Speaker, Ladies and Gentlemen of the House, when we started debate on these present Amendments, I checked with the well, and at that time, we'd gone through Amendment #11, and the request, as it appears in the Calendar, says, 'State Mandates Act fiscal note requested as amended'. There had been nothing even turned in at that point, and there'd been eleven Amendments proposed at that time. We have put on Amendments today. So, even though it does not affect the Bill, it still has to be turned in, and the request has been made."
"Yeah. The Parliamentarian is checking to see whether the Amendments that have been adopted are within the purview of the rule that Mrs. Currie stated, and we 235 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 will be with you in a moment, Sir, on that issue. The Gentleman from DeWitt, Mr. Vinson."
"Mr. Speaker, you responded in the name of the State Mandates Act. What Mr. Piel indicated and was requesting a ruling on, was something very different, and that was on the fiscal note. And he was making the point, has... when was the fiscal note filed, and was it filed after... was it filed prior to when Amendments which were just acted upon were filed. And I would ask, also, for a ruling on that question."
"We'll... We'll see whether that was... when that was filed precisely. I'm advised by the Clerk, Mr. Vinson, that the amended fiscal note was filed after the adoption of Amendment 18. Mr. Piel, nor Mr. Vinson. Mr. Piel."
"That was... You... That is what you're just saying, it was just filed? The amended fiscal note on the State Mandates Act?"
"Well, it was filed after the adoption of 18, and that was the..."
"I'm asking the Clerk that. Is that what you're saying, it's after? After the... after the..."
"That's... that's what the Clerk said, Mr. Piel. Mr. Piel, I... I... you and I can carry this on without..."
"He said the States... I'm talking about as far as the State Mandates Act."
"Mr. Piel, Mr. Vinson was concerned that you would ask for the fiscal note, and so, I responded. He corrected me and said that it was the fiscal note about which you made inquiry. Fiscal note, the Clerk advises me has been filed. We are checking to see whether the Mandates... additional Mandate note has to be required. 236 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Now, Mr. Fiel, what is your point, Sir?"
"I'm sure if we stall long enough, the Gentleman will have the whole thing filled out, and that's all I'm trying to ask is, if it has been filed, and if so, when, because I know when we started... after we started, the first eleven have been already taken care of. We started on number 12, and there had not been anything covered, and as of 17, I went up again, and nothing had yet been covered... had been filed."
"Well, I will say it again, Mr. Fiel. The Clerk advises me that a fiscal note has been filed up to and including Amendment 18. And Mr. Vinson is now looking at that fiscal note, and I assume that he will advise you of that fact as well."
"Thank you."
"For what purpose does the Gentleman from DeWitt arise?"
"The inquiry of the Chair as to the date. What is today?"
"Mr. Clerk... Mr. Vinson, I'll have to look at the Calendar. I don't keep my watch up-to-date very well. Apparently, it's Thursday of May... 19th of May, and it's about 5:28."
"Thank you. The fiscal note that you directed to the Clerk to show me and that you said was filed after Amendment #18 was adopted, which was some few minutes ago, is dated May 17. Now, would you care to clarify what you... how that could have been provided after Amendment #18 was adopted?"
"Well, firstly, I am advised by the Clerk, and that the representations that I make are based on what the Clerk has told me. However, I would assume that the Sponsors of this Bill went to whoever the party is that 237 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 makes the judgment on fiscal notes, and shows them the Amendment, and says, is this Amendment... what will be the impact on this Amendment? It is hardly likely, even if this were dated today, that since we adopted Amendment 18 about eight minutes ago, that anyone would have done that. I think that's proper and appropriate, as long as it covers the appropriate material, Mr. Vinson."
"Could you..."
"I have not read the fiscal note, so, I'm unable to question that. But, in answer to your question, that's my response"
"Could you cite... Could you cite the provision in the note that deals with Amendment #18?"
"We will examine the fiscal note as well. Mrs. Currie."
"Two points, if I might, Mr. Speaker, first, sometimes clerical errors do happens, and letters are misdated. I received the letter that was filed as the fiscal note on House Bill 234, filed just a few moments ago today, not on May 17, but today. Secondly, Amendment 18 could have no fiscal impact on House Bill 234."
"Mr. Vinson, and Ladies and Gentlemen of the House, with respect to the propriety of the fiscal note filed, the Chair rules that it is in order. That it correctly and appropriately discusses the fiscal impact. That for the Chair to go and examine the date and the circumstances of its creation, would, in each case, impose upon the Chair a burden to go behind the... the 'bona fidees', if you will, of the fiscal note. And accordingly, the Chair rules that the fiscal note is proper. Mr. Vinson. Yes?"
"Well, how about this, then, Mr. Speaker? Section 43.32 on the Fiscal Note Act, requires that in the case of Bills 238 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 having a potential fiscal impact on units of local government, the fiscal notes shall be prepared by the Department of Local Governmental Affairs, and I believe you'll find that that one was prepared by the Attorney General."
"That point, Mr. Vinson, the ruling of the Chair remains the same, and is that the fiscal note is valid. Under that Act the... Under this Act that is before us, it is applicable to both state and local government. And the appropriate party, therefore, is the Attorney General. I have made a ruling. Indeed, you have the right now to appeal that ruling, if you wish, but that will be my ruling. Mrs. Currie."
"Just to make the point, Mr. Speaker, that the Department of Local Governmental Affairs doesn't exist, and how they could possibly do a fiscal note on House Bill 234, is beyond me."
"Mrs. Currie, quit when you're ahead. Mr. Piel. Mr. Piel is seeking recognition."
"I notice the letter from the Attorney General had nothing dealing with House Bill 234 as amended. And..."
"Mr. Piel, I have made a ruling on that."
"No, no I just..."
"Mr. Piel, I have ruled on that, Sir."
"I'm just asking a question of the Chair. Just relax, Mr. Speaker. And we amended this Bill four times today. So, in other words, basically, what the ruling of the Chair is, is that none of the four Amendments, overlooking that the Attorney General didn't say..."
"Mr. Piel... Mr. Piel, you have an option under parliamentary procedures to appeal my ruling. You did not, and we have moved on past that. We're not going to debate it further. Now, I believe that Mr. Vinson, if I'm 239 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 not mistaken, has inquired as to the filing of a State Mandates Act fiscal note. The Chair notes on the record that a fiscal... a State Mandates Act fiscal note has been filed. The Lady from Cook, Mrs. Currie, has stated for the record that the Amendments do not affect or impact on the conclusions of that State Mandates Act fiscal note. It is within the Lady's right, and in accordance with the Act as well, to move that the State Mandates Act fiscal note be adopted... that has already been filed on March 21st, be adopted as a... be adopted and that no further fiscal note is necessary, and if such a Motion would require a majority of those voting upon the question. Mrs. Currie."
"Thank you, Mr. Speaker. Because the Amendments that were adopted after the State Mandates Act note was filed by the Department of Commerce and Community Affairs changed none of the cost estimates, I would move that this House decide that the State Mandates Act note as amended is not required in order to move this good Bill to Third Reading."
"The Lady from Cook, Mrs. Currie, moves that no further... moves that the State Mandates Act fiscal note heretofore filed be deemed to be the appropriate compliance with the State Mandates Act Fiscal Note Act, and that no further State Mandates Act Fiscal Note need be filed. On that question, the Gentleman from DeWitt, Mr. Vinson."
"Mr. Speaker, there is provision under the Fiscal Note Act for such a Motion. There is no provision in the State Mandates Act for such a Motion, and I would like to know where you authorize or create from whole cloth, such a Motion."
"Well, the State Act... Mandates Act does apply... does require the filing of such a fiscal note and I'm implying therefore, the language of the statute in such 240 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 case made and provided, Mr. Vinson. Mr. Vinson, you wanted to debate the Bill. Now on the... on the Motion, I mean."
"No... No, I want you to repeat that particular form of gobbledy-gook."
"I ruled that it was appropriate, and I will continue to rule so."
"No, I'm just asking you to repeat what you said about how you implied one statute into another."
"Alright, Mr. Vinson, the State Mandates Act requires the filing of a fiscal note pursuant and in accordance with the provisions of the Fiscal Note Act, and those two Acts, read together, make it clear that the Lady's Motion is in order, and that... we will... you may now discuss the Motion, Sir. I will recognize you to discuss the Motion."
"Why then... Why then some one hour ago on House Bill 1314 when we made that point on Mr. Fiel's Bill, did you rule to the contrary? Now we'd just like a consistent ruling. We'll live with it either way, one way or the other."
"My recollection is... My recollection is, Mr. Vinson, please. Mr. Vinson, there was no fiscal note filed. There was no State Mandate Fiscal Act filed on that. Mr... by the way, Mr. Fiel did not make a Motion on that, as I recall. Now that was his option, he could have made that Motion. Mr. Vinson, yes."
"You ruled (#1) that the fiscal note didn't suffice that time. This time you're ruling the fiscal note does suffice. If you'll pull 1314..."
"I said that the... this is the State Mandates Act fiscal note. It is, by law, referred to as the State Mandates Act fiscal note. There is a fiscal note which 241 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 deals with not state mandates, but with just fiscal impacts on the state. Those are two separate things. Let us not confuse them. You or me."
"That's absolutely correct. And that's because there's no provision for a state mandates fiscal note. No provision in that Act for a Motion like Mrs. Currie's now making, and that's the reason why you ought to rule her Motion out of order."
"Thank you, Mr. Vinson. Is there further discussion on the Lady's Motion? There being none. Mrs. Currie to briefly close. The Gentleman from Hardin, Mr. Winchester."
"Well... I... Mr. Speaker, granted, I don't fully understand the rules of the House completely, but I do understand that I filed a request for a State Mandates Act as amended. This is a Bill on freedom of information. To my understanding, the opponents were not even given the opportunity to testify on this Bill in Committee. It was ramrodded right on through. Again, it's a Bill on freedom of information. I ask for a State Mandates Act. I can't get it. You come up with some silly Motion. You're making your own rules up as we go along. What's going on, Mr. Speaker? I don't understand. How can you make your own rules up? Why doesn't she take the Bill out of the record, leave it on Second Reading, file the State Mandates Act? Let's consider the Bill tomorrow or the next day, and go on about it, instead of making a mockery of our rules."
"The Lady at Cook to close... The Lady from Cook, Mrs. Currie, to close."
"Well, I think it's a discussion that doesn't have any real basis in the differences if the Amendments adopted to House Bill 234 have with respect to the cost that might be imposed on local government. I move to lift the 242 STATE OF ILLINOIS 63RD GENERAL ASSEMBEY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 requirement that the State Mandates Act fiscal note as amended be required to be provided before this Bill moves to Third Reading."
"The question is, 'Shall the Motion to dispense with any further filing of State Mandates Act fiscal note be approved?'. All those in favor signify by saying 'aye', those... Now, did you want a Roll Call on them, Mr. Vinson? Oh, are you joined by the appropriate number? Seems so, alright. All those in favor signify by voting 'aye', those opposed vote 'no'. Mr. Fiel to explain his vote."
"Question of the Chair. Mr. Speaker, does this need sixty votes?"
"No. This is... it requires a majority of those present, according to the statute. The Gentleman from Winnebago, Mr. Hallock."
"Yes. To explain my vote."
"To explain your vote."
"I rise as a Cosponsor of House Bill 234, and I believe it's an excellent proposal, but I also believe the rules of the House are very important in this matter, and I believe anyone who can vote against requiring the rules of the House being implied and comply with it, it's wrong. It's essential that we have a state fiscal note as amended on this Bill. That's the rules of the House. We should comply with that whether you're in support of this Bill or not. It's a good Bill. Let's make it better by complying with the rules of the House, please vote 'no'."
"Mr. Vinson to explain his vote."
"Now, I just want to verify if it gets the requisite record number."
"Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the 243 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 record. On this Bill... On this Motion, there are 60 voting 'aye', 49 voting 'no', 2 voting 'present', and the Gentleman from DeWitt, Mr. Vinson."
"Let's verify."
"Mr. Vinson requests a verification. The Gentleman was within his rights. The Lady from Cook requests a Poll of the Absentees. Mr. Clerk."
"Poll of the Absentees. Christensen, John Dunn, Mautino, Nelson, Rea, Stuffle, and Taylor."
"Mr. Taylor."
"I just want Representative Currie to see that Representative Taylor is going to vote 'aye'."
"Representative Taylor 'aye'. Representative Mautino. Representative Currie is watching you carefully. Representative Mautino 'aye'. Representative Stuffle. Representative Stuffle 'aye'. Representative Rea 'aye'. Representative Nelson. Representative Nelson votes 'no'. Mr. Vinson, are you going to go ahead with the verification? Alright, Sir. Mr. Clerk, verify the Affirmative Roll Call."
"Alexander, Berrios, Bowman, Braun, Breslin, Brookins, Brummer, Brunsvold, Bullock, Capparelli, Cullerton, Curran, Currie, DeJaegher, DiPrima, Domico, Farley, Flinn, Giglio, Giorgi, Greiman, Hannig, Hicks, Homer, Huff, Hutchins, Jaffe, Keane, Krska, Kulas, Laurino, LeFlore, Leverenz, Levin, Marzuki, Matijevich, Mautino, McGann, McPike, Mulcahey, Nash, O'Connell, Panayotovich, Pierce, Preston, Rea, Rhem, Rice, Richmond, Ronan, Saltsman, Satterthwaite, Shaw, Steczo, Stuffle, Taylor, Terzich, Turner, Vitek, White, Wolf, Younge, Yourell and Mr. Speaker."
"Mr. Vinson, questions of the Affirmative Roll Call." 244 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Mr. Berrios."
"Mr. Berrios is right there, standing at his seat."
"Mr. Bowman."
"Mr. Bowman is in his seat. The Gentleman from Kankakee, Mr. Fangle."
"Yes, Mr. Speaker, I'd like to change my 'present' vote to 'aye', please."
"Vote Mr. Pangle 'aye'. Proceed. Mr. Bowman was sitting in his seat."
"Mr. DeJaegher."
"Mr. DeJaegher is in his seat."
"Mr. Farley."
"Mr. Farley. Is the Gentleman in the chamber? How is Mr. Farley voted?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Mr. Hicks."
"Mr. Hicks. Is the Gentleman in the chamber? Mr. Hicks. Is he with us? How is Mr. Hicks recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove Mr. Hicks."
"Mr. Giglio."
"Mr. Giglio. Is Mr. Giglio in the chamber? How is he recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove Mr. Giglio from the record... from the Roll Call."
"Mr. Keane."
"Mr. Keane. Is Mr. Keane in the chamber? How is Mr. Keane recorded?"
"The Gentleman is recorded as voting 'aye'."
"Mr. Keane has come in the side door. Leave him 245 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 on the Roll."
"Mr. Laurino."
"Mr. Laurino. Is Mr. Laurino in the chamber? How is Mr. Laurino recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove him from the Roll."
"Mr. McGann."
"Mr. McGann. Is Mr. McGann in the chamber? How is Mr. McGann recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove Mr. McGann."
"Mr. Levin."
"Mr. Levin is in the aisle."
"Mr. O'Connell."
"Mr. O'Connell. Is Mr. O'Connell in the chamber? Mr. O'Connell. How is Mr. O'Connell recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove Mr. O'Connell from the record."
"Mr. Domico."
"Excuse me, Mr. Vinson, Mr. Vitek has leave to be verified. Mr. Taylor... Mr. Turner, are you seeking recognition?"
"Can I get leave to be verified, please?"
"Mr. Turner seeks leave to be verified. You have leave, Sir."
"Mr..."
"Mr. Domico. Is Mr. Domico in the chamber? Mr. Domico. How is Mr. Domico recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove Mr. Domico from the Roll."
"Mr. Panayotovich."
"Mr. Panayotovich is in his chair."
"Mr. Preston." 246 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Mr. Preston. Is Mr. Preston... is in the aisle moving toward his chair rapidly."
"Mr. Richmond."
"Is Mr. Richmond in the chamber? Mr. Richmond. How is Mr. Richmond recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove Mr. Richmond."
"Mr. Shaw."
"Mrs. Braun, for what purpose do you arise?"
"Leave to be verified, Mr. Speaker."
"Does the Lady have leave to be verified? You have leave, Ma'am. I'm sorry, go ahead."
"Mr. Shaw."
"Mr. Shaw. Is Mr. Shaw in the chamber?"
"We've got to complete the Roll Call on the same day, Mr. Speaker."
"Well, alright. Mr. Shaw seems not to be in the chamber. How is the Gentleman recorded?"
"The Gentleman is recorded as voting 'aye'."
"Take the Gentleman off the Roll Call."
"Mr. Terzich."
"Mr. Terzich is in his seat."
"Mr. Ronan."
"Mr. Ronan. Is Mr. Ronan in the chamber? Mr. Ronan. How is Mr. Ronan recorded?"
"The Gentleman is recorded as voting 'aye'."
"Remove Mr. Ronan from the Roll Call."
"No further questions."
"Mr. Slape... Mr. Slape vote goes from 'no' to 'aye'."
"To 'aye'."
"Mr. Clerk, would you give me a count, now? On this Motion, there are 56 'ayes', 49 'nos', 1 'present', 247 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 and a majority of the persons who were present having voted on the affirmative side, the Motion prevails. Third Reading."
"Representative Madigan in the Chair. House Bill 252, Mr. Levin. Mr. Clerk, has this Bill been read a second time?"
"No, Sir, not in the record."
"Read the Bill."
"House Bill 252, a Bill for an Act to create the Citizens' Utility Board. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, Bonan."
"Mr. Levin."
"Yeah. Can we take the Bill out of the record at this point?"
"This Bill shall be taken out of the record at the request of the Sponsor. House Bill 275. The Clerk informs the Chair that the fiscal note has not yet been filed. House Bill 336. Mr. Clerk, has the fiscal note been filed on that Bill? We're on page four of the Calendar."
"On 336, the fiscal note is now filed."
"Has the fiscal note been filed?"
"Yes, Sir. The fiscal note is filed."
"For what purpose does Mr. Vinson seek recognition?"
"Mr. Speaker, the title of this Bill has been changed by Amendment #3. So, pursuant to Rule 36(d), I would ask that it be returned to Second Reading, First Legislative Day."
"Mr. Vinson, this Bill has been sent up to the 248 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Clerk's Office. The material will be brought down, and then we will return to the Bill. House Bill 375. Mr. Stuffle, do you wish to call the Bill? The Sponsor indicates he does not wish to call the Bill. House Bill 402, taken out of the record at the request of the Sponsor. House Bill 424. Mr. Bowman, do you wish to call your Bill? Mr. Clerk, read the Bill."
"House Bill 424, a Bill for an Act to amend the Senior Citizens' and Disabled Persons' Property Tax Relief Act. This Bill has been read a second time previously. Amendments 1 and 2 were adopted, and the Bill was held for a fiscal note."
"Has the fiscal note been filed?"
"Fiscal note is now filed."
"Are there any Floor Amendments?"
"No further Amendments."
"Third Reading. House Bill 463. Mr. Johnson, do you wish to call your Bill? Mr. Clerk, has House Bill 463 been placed on the Order of Third Reading?"
"463 has moved to Third Reading."
"House Bill 490, Mr. Stuffle. Do you wish to call your Bill? The Gentleman indicates he does not wish to call his Bill. House Bill 572. Mr. Cullerton, do you wish to call your Bill? The Gentleman indicates he does not wish to call his Bill. House Bill 580, Mr. Van Duyne. Is Mr. Van Duyne in the chamber? Let the record show that the Bill was not called. The Clerk has the file on House Bill 336. He will share that with the Parliamentarian, and then the Parliamentarian will render a ruling. In the meantime, House Bill 601. Representative Braun, do you wish to call your Bill? It's on page five of the Calendar. The Lady indicates she does not wish to call the Bill. House Bill 671, Mr. Greiman. Do you wish to call your 249 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Bill? 671. The Gentleman indicates he does not wish to call his Bill. For what purpose does Mr. Greiman seek recognition?"
"Yes. Since 671 was up there, I thought perhaps I might go with that Bill, Sir."
"Let me get back with you, Mr. Greiman."
"Fine."
"Mr. Vinson. Mr. Vinson, your point is well taken. Therefore, this Bill shall be placed on the Order of Second Reading, First Legislative Day. However, Mr. Preston has a right to move to suspend that rule, which will require sixty affirmative votes. Mr. Preston."
"Thank you, Mr. Speaker, I would move, pursuant to Rule 36(d), that House Bill 336 be placed on the Order of Third Reading. It has been read a second time. A fiscal note had been requested and filed, and there is no reason not have the Bill go to Third Reading. And I would encourage people to vote 'aye' on my Motion."
"Ladies and Gentlemen, this is clearly a question of parliamentary procedure. The Gentleman is attempting to move the Bill more expeditiously than another Gentleman wishes. I would prefer that Mr. Preston having made his Motion and spoken that Motion, that Mr. Vinson now respond and then we go to Roll Call. Mr. Vinson."
"Thank you, Mr. Speaker. I think that's a reasonable request. The point I would make is that the Bill has now been very substantially changed. Members have a right to see that Bill on Second Reading, First Legislative Day so they know what's going on and so they can prepare Amendments to it if they wish to change it further. I think that it's an important rule that we ought not suspend, because we'll get to the point where we'll begin suspending all rules if we can suspend something of this 250 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 importance. And so, for those reasons, I would oppose the Gentleman's Motion."
"All those in favor of Mr. Preston's Motion vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? This will require 60 votes. Let me advise the Members not to be voting the switches of other Members, because I can see in Mr. Vinson's eyes that he wants a verification. Would someone change Mr. Domico's vote to 'present'? Would someone change Mr. Vitek's vote to 'present'? Is Mr. Vitek here? Fine. Record Mr. Vitek as 'aye'. Record Mr. Vitek as 'aye'. Mr. Domico should be 'present'. For what purpose do you seek recognition, Mr. Preston?"
"Mr. Speaker, Mr. Domico was here. He may have removed himself."
"And Mr. Preston, he told me that he was leaving the building. So, if you'd be so kind as to record him as 'present', thank you. Would someone record Mr. Sam Wolf as 'present'? Would someone record Mr. Rea as 'present'. Mr. Rea is here, thank you. I wish to advise again, if someone is not here they should not be voted. The Clerk shall take the record. On this question, there are 61 'ayes', 48 'nos'. The Motion carries. This Bill shall be placed on the Order of Third Reading. Mr. Vinson. Mr. Vinson, my plan is to go to Bills that were taken out of the record for a variety of reasons and pick them up at this time. And on that Order on page eight of the Calendar, House Bill 1805, Mr. Greiman. House Bill 1805, Mr. Greiman. Mr. Clerk, has this Bill read a second time?"
"House Bill 1805 has not been read a second time."
"Mr. Clerk, read the Bill."
"House Bill 1805, a Bill for an Act to amend the Regional Transportation Authority Act. Second Reading of 251 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendments #2, Harris."
"Mr. Harris."
"Thank you, Mr. Speaker. I ask leave of the House to withdraw this Amendment."
"Amendment #2 is withdrawn. Are there further Amendments?"
"No further Amendments."
"Third Reading. House Bill 1872, on page nine of the Calendar. Mr. Ralph Dunn. Mr. Clerk, read the Bill."
"House Bill 1872, a Bill for an Act in relation to energy-efficient building standards. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, Ralph Dunn."
"Mr. Dunn."
"Thank you, Mr. Speaker, Members of the House. Amendment #1 on House Bill 1872 clears up the wording of the preemption of the home rule Section in the Bill. I move for its adoption."
"The Gentleman moves for the adoption of Amendment #1. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. For what purpose does Mr... The 'ayes' have it. The Amendment is adopted. Are there further Amendments?"
"Floor Amendment #2, Preston."
"Mr. Preston."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #2 is a very important Amendment, and I 252 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 hope people are paying attention. This Amendment..."
"Would the Membership please give their attention to Mr. Preston, who states that this is a very important Amendment? Mr. Preston."
"This... This Amendment is supported by the Illinois Trial Lawyers' Association and the Illinois Association of Optometrists. This Amendment was needed because of an error in the existing law pointed out by the Chicago Sun-times a few days ago. And what the Amendment does is it changes the unfortunate name of the County of Alexander to its proper name, Cairo County. And I urge your 'aye' vote on this important Amendment."
"The Gentleman moves for the adoption of Amendment #2, and he immediately brings on request from several Members to speak on this question. Mr. Winchester."
"Well, Mr. Speaker, I... I represent Alexander County and the City of Cairo. And I happened to hear about this from my friend, Representative Dunn. And I contacted those folks down there. And they're very upset, because the County of Alexander was named after the great Alexander the Great, who conquered Egypt. And Cairo is a prime capitol in, I believe that was right. Cairo is a capitol in Egypt, and that's all part of 'Little Egypt' in Southern Illinois. And any attempt to change that would probably result in a massive invasion from Alexander Countyites and Cairoites of the great city and the great ward that Representative Preston lives in. So he's treading on very thin ice here. As a matter of fact, it could be on the verge of assassination by some of those who take Cairo and Alexander County very seriously down here. But I stepped forward, and I stopped any attempts to do anything dangerous or disastrous to the Representative. So I think he owes me a 253 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 favor to vote on a few of my Bills. So other than that, I would ask that we defeat this Amendment if its in order."
"Ladies and Gentlemen, there are now five people seeking recognition on this Amendment. And Mr. Preston, with all due respect, I don't think it deserves a great deal of debate. If I could recognize Mr. Rea to speak on the Amendment, and would that suffice Mr. Dunn? And then we can go to Roll Call. Okay, I'm sorry. let's let Mr. Rea address the Amendment. Mr. Rea."
"Thank you, Mr. Speaker, Members of the House. This is a very important issue. In fact, like Representative Winchester, I made a call down to Alexander County. And I would ask the Sponsor to withdraw his Amendment until after we attend a meeting together down in Alexander County, which I've already got scheduled that will take place prior to the end of this Session. And then if you should return back to the General Assembly, I'm sure that we can pursue this Amendment."
"Mr. Ralph Dunn."
"Mr. Speaker, I'd like a ruling from the Parliamentarian whether this Amendment is germane to the Bill. And particularly, I'd point out it says 1872...'amends 1872', and should say '1872 as amended'. We just adopted Amendment #1. And I think that this Amendment be out of order. With all due respect to Representative Preston, my middle name is Alexander, and I certainly think it's a personal affront. I'm Ralph Alexander Dunn, and I certainly want a county named for me, or at least I want to keep the namesake. So I'd urge that the... if it's germane, but I think it isn't, that it be defeated."
"Mr. Dunn, we'll take your parliamentary question under advisement. Mr. Preston to close."
"Thank you, Mr. Speaker. I would have no objection to 254 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 withdrawing this Amendment if Representative Dunn and Representative Winchester would assure me that I need not visit Alexander County. I..."
"Mr. Ralph Dunn. Mr. Ralph Dunn."
"Yeah. Thank you. Thank you. We'll be glad to have Representative Preston not come to Alexander County..."
"Mr. Preston, do you withdraw your Amendment? The Amendment #2 is withdrawn. Are there further Amendments?"
"No further Amendments."
"Third Reading. Mr. Capparelli, would you come to the podium?"
"Capparelli in the Chair, we will go to page two, House Bills Second Reading, Short Debate. We will go with the... Representative Johnson."
"Oh, I'd just like to inquire-this is at least the second time in the last thirty minutes or less that we've gone into this Order of Business. I wonder what general pattern we're following, in terms of where we're going on the Calendar?"
"I think we will start here now. We'll finish up on the Second Reading Short Debate. We'll try to get rid of some of the revisory Bills, and then we'll probably be adjourning for dinner."
"Okay, thank you."
"You're welcome. Let's try to get these revisory Bills in the proper order so that we can move with them. Representative Terzich, House Bill 115. Clerk, read the Bill."
"House Bill 115, a Bill for an Act in relation to revising the obsolete statutory references. Second Reading of the Bill."
"Are there any Motions?" 255 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"No Committee Amendments."
"Are there any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Representative Terzich."
"Thank you, Mr. Speaker. You're doing an excellent job, and I think you are one of the best. Thank you. All..."
"Amendment #1, Terzich, amends House Bill 115 on page 71 and so forth."
"Representative Terzich."
"Yes, Mr. Speaker, on all of these law revision Bills; that this is just a simple technical change, and I would move for its adoption. It's not substantive."
"The Gentleman moves for adoption of Amendment #1. All in favor say 'aye', opposed. 'Ayes' have it. Third Reading. House Bill 116, Representative Terzich. Clerk, read the Bill."
"House Bill 116, a Bill for an Act to amend various Acts to revise terminology. Second Reading of the Bill. This Bill has been read a second time previously. Amendment... And no Amendments adopted."
"Any Motions?"
"No Motions."
"Floor Amendments?"
"Floor Amendment #1, Terzich."
"Representative Terzich."
"And this a staff Amendment for you, no, a technical change and makes no stantive change in the Bill."
"Representative Terzich moves for the adoption of Amendment #1 to House Bill 116. All in favor say 'aye', opposed. The 'ayes' have it. Third Reading. House Bill 123, Representative Terzich. Clerk, read the 256 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Bill."
"House Bill 123, a Bill for an Act to amend Sections of an Act and to revise the law in relation to attorneys and counselors. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Representative Terzich to explain the Amendment."
"I just did, Mr. Speaker."
"Alright, Third Reading. House Bill 128, Representative Terzich. Clerk, read the Bill, please."
"House Bill 128... 128, a Bill for an Act to amend various Acts to coordinate terminology. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 129, Representative Terzich. Clerk, read the Bill."
"House Bill 129, a Bill for an Act to amend various Acts to coordinate with Illinois Supreme Court Rule 272. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 130, Representative Terzich. Clerk, read the Bill." 257 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"House Bill 130, a Bill for an Act to repeal Sections of the Unified Code of Corrections. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Floor Amendments?"
"Floor Amendment #1, Cullerton."
"Representative Cullerton."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The Bill was a law revision Bill which was designed to strike a Section which was ruled unconstitutional. There was, however, a portion of that Section that was and still is constitutional, and this Amendment simply leaves that constitutional Section in the statutes. I would ask for the adoption of Amendment #1."
"Representative Cullerton moves to adopt Amendment #1 to House Bill 130. All in favor say 'aye', opposed. 'Ayes' have it. Are there any more Amendments?"
"No further Amendments."
"Third Reading. House Bill 132, Representative Terzich. Clerk, read the Bill."
"House Bill 132, a Bill for an Act to amend various Acts to replace obsolete terminology. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 133, Representative Terzich. Clerk, read the Bill."
"House Bill 133, a Bill for an Act to amend various Acts to revise terminology. Second Reading of the Bill. No Committee Amendments." 258 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Motions?"
"No Motions filed."
"Floor Amendments?"
"Floor Amendment #1, Terzich."
"Representative Terzich on the Amendment."
"Again, Mr. Speaker, this is...a staff technical change and it makes no substantive change in the Bill. And I move for its adoption."
"Representative Terzich moves to adopt the Amendment #1. All in favor say 'aye', opposed. 'Ayes' have it. Third Reading. House Bill 134, Representative Terzich. Clerk, read the Bill."
"House Bill 134, a Bill for an Act to amend various Acts to revise terminology. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 135, Representative Terzich. Clerk, read the Bill."
"House Bill 135, a Bill for an Act to amend various Acts to revise terminology. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 137, Representative Terzich. Clerk, read the Bill."
"House Bill 137, a Bill for an Act to amend the Revenue Act. Second Reading of the Bill. This Bill has been read a second time previously, and Amendment #1 was 259 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 adopted."
"Did you...was there any Floor Amendments there, Sir?"
"Amendment # 1 was adopted previously."
"Representative Terzich. No Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 147, Representative Terzich. Clerk, read the Bill."
"House Bill 147, a Bill for a Act to amend the Code of Civil Procedure. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Floor Amendments?"
"Floor Amendment #1, Terzich."
"Representative Terzich on the Amendment."
"It's simply a word correction, no substantive change, and I would move for its adoption."
"Representative Terzich moves to adopt Amendment #1 to House Bill 147. All in favor say 'aye', opposed, 'no'. 'Ayes' have it. Third Reading. House Bill 148, Representative Terzich. Clerk, read the Bill."
"House Bill 148, a Bill for an Act to add Sections to the Code of Civil Procedures. Second Reading of the Bill. No Committee Amendments."
"Motions?"
"No Motions filed."
"Floor Amendments?"
"Floor Amendment #1, Cullerton."
"Representative Cullerton."
"This is a technical Amendment. It changes the word 'identity' to 'identify' or actually, the other way around. 260 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 It changes 'identify' to 'identity', and it's a technical Amendment. And I would ask for the adoption of the Amendment."
"Representative Cullerton moves to adopt Amendment #1 to House Bill 148. All in favor say 'aye', opposed. 'Ayes' have it. Third Reading. House Bill 149, Representative Terzich. Clerk, read the Bill."
"House Bill 149, a Bill for an Act to amend Sections of the Code of Civil Procedure. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 150, Representative Terzich. Clerk, read the Bill."
"House Bill 150, a Bill for an Act to amend Sections of the Code of Civil Procedure. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 151, Representative Terzich. Clerk, read the Bill."
"House Bill 151, a Bill for an Act to amend Sections of the Code of Civil Procedure. Second Reading of the Bill. No Committee Amendments."
"Motions?"
"No Motions filed."
"Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 153, 261 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Representative Terzich. Clerk, read the Bill."
"House Bill 153, a Bill for an Act to amend Sections of the Code of Civil Procedure. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 154, Representative Terzich. Clerk, read the Bill."
"House Bill 154, a Bill for an Act to amend Sections of the Code of Civil Procedure. Second Reading of the Bill. No Committee Amendments."
"Are there any Motions?"
"No Motions filed."
"Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 155, Representative Terzich. Clerk, read the Bill."
"House Bill 155, a Bill for an Act to amend Sections of the Code of Civil Procedure. Second Reading of the Bill. No Committee Amendments."
"Are there any Motions?"
"No Motions filed."
"Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 156, Representative Terzich. Clerk, read the Bill."
"House Bill 156, a Bill for an Act to amend various Acts to revise references to recorders of deeds. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed." 262 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 157, Representative Terzich. Clerk, read the Bill."
"House Bill 157, a Bill for an Act to amend various Acts to coordinate terminology with the Probate Act. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Floor Amendments?"
"Floor Amendment #1, Terzich."
"Representative Terzich on the Amendment."
"Mr. Speaker, we have a corrected Amendment. So, I move to table Amendment #1."
"Representative Terzich moves to adopt Amendment #1? Oh, I'm sorry. Representative Terzich, what did you say?"
"I move to table Amendment #1, withdraw Amendment #1."
"Withdraw Amendment #1? Man asks to withdraw Amendment #1. He have leave? You have leave. Are there any further Amendments?"
"Floor Amendment #2, Terzich."
"Representative Terzich."
"Again, this is word corrections, Mr. Speaker, and I move to adopt Amendment #2."
"Representative Terzich moves to adopt Amendment #1 to House Bill 157...Amendment #2, I'm sorry. All in favor say 'aye'. Representative Leverenz."
"Would the... the Gentlemen said it straightened out with a few corrections. Could he explain the correction it makes?"
"Well they change names like personal to personnel 263 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 and... real and personal...just repsenatative instead of administrator and executor."
"What was the..."
"This was recommended by the staff..."
"...the source of this Amendment?"
"This was reviewed by staff, and they've seen these word changes that should have been corrected. That's all."
"Not LRB?"
"They were working with LRB in reviewing the these Amendments."
"Any impact to the state because of this Amendment?"
"Just makes the statutes more efficient."
"Well, if you are going to do that, you eliminate two books. Thank you."
"Oh, you're welcome."
"Representative Terzich moves to adopt Amendment #2 to House Bill 157. All in favor say 'aye', opposed. 'Ayes' have it. one 'no'. 'Ayes' have it. Any more Amendments?"
"Floor Amendment #3, Terzich."
"Amendment #3, Representative Terzich."
"One more time, Mr. Speaker. Amendment #3, again, just make word changes, no substantive changes at all."
"Is this a duplication of Amendment #3, Sir...of 2?"
"Excuse me?"
"Is this a duplication of Amendment #2?"
"It is...well then I move to withdraw Amendment #2."
"Withdrawn. Have leave? Leave. Any further Amendments?"
"No further Amendments."
"Third Reading. McCracken. Representative McCracken." 264 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Thank you, Mr. Speaker. I ask leave of the House to suspend the appropriate rules and to move to Third Reading, Consent Calendar, Bills 115 through 156. These are all the law revisions Bills which have just passed. Not...not the one that Representative...."
"Would you hold that motion one moment, McCracken?"
"Not the one you objected to."
"...your Motion one minute. We have one problem. Representative Terzich."
"Mr. Speaker, I have been advised that on House Bill 157, I should have...should have moved to withdraw Amendment #2 and adopt Amendment #3, and I'd like to have leave to reconsider the reconsider...yeah, whatever the prevailing side..."
"Does he have leave to adopt #...?"
"Bring that back to Second Reading and adopt it. Alright then, on House Bill 157, I move to withdraw Amendment #2 and move to adopt Amendment #3."
"You've...you've got leave, Sir. Okay, Mr. McCracken, now with your Motion, Sir."
"I'd just ask leave of the House to suspend the appropriate rule and to move to Consent Calendar, Third Reading, Bills 115 through 156, which appear on today's Calendar on pages two and three, not 157, which Representative Leverenz has objected to."
"Is there a leave to journalize that with the Attendance Roll Call? Leave has been given to keep these Bills on Short Debate, Third Reading. Leave is granted. Representative Matijevich."
"Point of order. I thought we just moved them to Consent Calendar. No? Okay."
"House Bill 157, Representative Terzich. 265 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th legislative Day May 19, 1983 Clerk, read the Bill. 157? I'm sorry. 165, Representative Terzich. Clerk, read the Bill."
"House Bill 165, a Bill for an Act to amend Sections of an Act concerning jurors. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 1290...no, hold for Amendment. House Bill 1311, Steczo. Representative Steczo in the...Clerk, read the Bill. Representative Steczo."
"Mr. Speaker, House Bill 1311 has already been moved to Third, I believe, earlier this afternoon."
"Thank you very much. The Calendar doesn't indicate that. House Bill 1611, Alderman...Representative Laurino. Take it out of the record. House Bill 1939, Representative Olson. Out of the record. House Bill 2059, Vinson. Out of the record. House Bill 2178, Younge. Out of the record. House Bill 2194, Ewing. Out of the record. Ladies and Gentlemen, we're going to pick up two more Bills that we had missed previously. We're going to hear them, and then we are going to adjourn for the evening. First one will be House Bill 1260, Representative Mautino. What's the other one? The second one will be 2094, Nelson. So, if she is around, please get her back. Clerk, read the Bill."
"House Bill 1260, a Bill for an Act to create and define the powers and duties of the Illinois Export Development Authority. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions?" 266 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"No Motions filed."
"Floor Amendments?"
"Floor Amendment #2, Bowman."
"Representative Bowman."
"Thank you, Mr. Speaker. Amendment #2 just makes it clear that the insurance that is being provided in this Act is not to be applied to transactions involving currency speculation, and it's an agreed Amendment with the Sponsor. I know of no opposition. I move it's adoption."
"Alright. Representative Bowman moves to adopt Amendment #1 to 1260. All in favor...Amendment #2, I'm sorry. All in favor say 'aye', opposed. 'Ayes' have it. Amendment #2 is adopted to House Bill 1260. Any further Amendments?"
"Floor Amendment #3, Winchester-Woodyard."
"Representative Winchester. Representative Winchester."
"Yes, thank you, Mr. Speaker. Amendment #3 will place the Lieutenant Governor as the Chairman of the Export Development Authority. The Director of DCCA, or the Assistant Director of DCCA shall become the acting Chairman should a vacancy occur in the Office of the Lieutenant Governor. The other eight members are still appointed by the Governor. The total Authority Board membership is still at nine. I believe it's an agreed Amendment, and I would ask for a favorable vote."
"Representative Winchester...Representative Mautino."
"We did have a conversation with Representative Woodyard and Representative Winchester, and I informed them that I was not agreeable to Amendment #3. I recommended that in lieu of the Director of the Department of Commerce and Community Affairs that they insert in that position the 267 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Attorney General where there would be no conflict with any other statewide elected officer. They did not decide to do that. So, therefore, I stand in opposition to the Amendment."
"Representative Cullerton."
"Well, does this give George Ryan a new job, this Amendment?"
"No, Mr. Cullerton, I think he will probably have a different job in a...in a couple of years, probably Governor, but anyway, what I'm...what I'm doing here is since the Lieutenant Governor has a certain amount of expertise in the area of...of economic recovery, business development, and so forth, particularly in the export development - he's been on several trips to various foreign countries trying to line up exports, contracts and so forth - that he would be the appropriate person to have head up this Authority."
"Well, he's also been to Kankakee, too, I know, and that's where we really need economic development, but is he in favor of this Amendment, the Lieutenant Governor? Because I saw him at the airport the other day and he said he loves his job. He doesn't have to do anything, and he enjoys it. And I wonder...I wonder if the Lieutenant Governor is in favor."
"Well, the Lieutenant Governor has great confidence in my...my wisdom on things such as this and...and if this Amendment is adopted and it's the feeling of the General Assembly then he would certainly do an excellent job and do everything he could to help better export development for the state."
"Well, Mr. Speaker, I'm opposed to this Amendment. I don't think George Ryan wants any new assignments, and I think that we should let him retire in the Lieutenant 268 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Governor's job as he wishes."
"Representative Leverenz."
"Would the...one of the Sponsors yield to a question?"
"Which one do you want to yield?"
"Which sponsor would you like?"
"Woodyard. It's Winchester-Woodyard. I ask a question of the Sponsor Woodyard. On line 21...and the question is, how many other times do members of a Board choose by lot their own terms? Is there a precedent, or would this be the first time?"
"In the collective bargaining Bill, House Bill 1530, they do."
"And a question for..."
"Sponsored by Stuffle."
"Good, just trying to find out. Another question to Representative Winchester. Why...why...You want to make the Lieutenant Governor the Chairman of the Authority?"
"Under the legislation sponsored by Representative Mautino and Stuffle, Winchester and Woodyard, under, I think it's House Bill 1259, we already, at their suggestion, make the Lieutenant Governor the Chairman of the Board. We just want to follow up and make the Lieutenant Governor the Chairman of the Authority. I don't see where there is a problem."
"Well, I can tell you that there is a problem."
"Representative Mautino...one minute please, Sir. Representative Mautino."
"Thank you, Mr. Speaker. In lieu of the fact that we do have a disagreement, maybe we will sit down and work out another Amendment. I'd like to take this Bill out of the record at this time."
"He has leave to take it out of the record. House Bill 2094, Representative Nelson." 269 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Thank you, Mr. Speaker, Members of the House."
"Clerk, read the Bill, please. 2094."
"House Bill 2094, a Bill for an Act to amend Sections of the Revenue Act. Second Reading of the Bill. No Committee Amendments."
"Any Motions?"
"No Motions filed."
"Any Floor Amendments?"
"Floor Amendment #1, Nelson."
"Representative Nelson."
"Thank you, Mr. Speaker, Members of the House. Amendment #1 drops the 'y' and adds 'ies' to the word counties to make my Bill grammatical. I'd appreciate its acceptance."
"Representative Nelson moves to adopt Amendment #1 to House Bill 2094. All in favor say 'aye', opposed. 'Ayes' have it. Third Reading. Alright, two more things here. We're going to move back to Representative Mike Curran's Motion on House Bill 2023, and the Gentleman asks to have House Bill 2023 moved back to Second Reading. Does he have leave? Leave is granted. Representative Curran."
"Mr. Speaker, Ladies and Gentlemen, I move to have the Amendment #1 to House Bill 2023 tabled which was inadvertently passed this morning, which does not apply to the situation that we wanted it to apply to."
"No, the Gentleman should move to reconsider the vote by which Amendment #1 was passed."
"So move."
"And so he does. So moves."
"So moved."
"The Gentleman moves to withdraw Amendment #1. Amendment #1 is withdrawn. Are there any further Amendments, Clerk." 270 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"Amendment #2, Curran."
"Mr. Speaker, I move to table Amendment #2, or withdraw Amendment #2, whichever is more appropriate."
"Withdraw. Does he have leave to withdraw Amendment #2? Leave has been granted. Are there further Amendments?"
"Floor Amendment #3, Curran."
"Representative Curran."
"Mr. Speaker, Ladies and Gentlemen. Amendment #3 is the Amendment that was supposed to be passed this morning. It was passed by a voice vote. It simply takes care of some of the concerns of the Democratic staff that were basically perfunctory and also some of the concerns of my Republican friends and my right to life friends. I'd like to put this Bill in order so we can get a good vote on it on Third Reading."
"Gentleman asks...What Amendment is that, 3?"
"Amendment #3."
"Adopt Amendment #3. All in favor say 'aye', opposed. 'Ayes' have it. Third Reading. Representative Reilly with an announcement. Representative Reilly."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The House Republican Policy Committee, Subcommittee on State Government Operations will continue its review of the state budget, meeting at 7:00 in the morning in Room 122A. We'll have coffee, tea and doughnuts. If you want anything else, you can bring your own. All Republicans are welcome. By some mistake, the mail room notified at least some of the Democrats. We are broadminded on this side of the aisle but not that broadminded. All Republicans are invited, 7 a.m., 122A. Thank you."
"Agreed Resolutions. John Matijevich."
"House Joint Resolution 43, DiPrima, et al. House 271 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983 Resolution 282, Brummer; 283, Panayotovich; 285, Homer; 287, Homer; 289, Davis; 291, Topinka; and 292, McAuliffe."
"Would one of the Clerks bring 285 down here? I don't have that here. 285 is cut? Oh, alright."
"285 cut."
"I'm sorry. House Joint Resolution 43 congratulates Michael 'Jack' Hagopian for his many years in the Democratic Party. House Resolution 282, Brummer, congratulates the Teutopolis 'Wooden Shoes' girls' basketball team. House Resolution 283, Panayotovich, congratulates Father William Scheid on his 47th year of ordination. House Resolution 286, Homer, congratulates Carl McCausland on his retirement. House Resolution 287, Homer, congratulates Robert Balagna on his retirement. House Resolution 289, Davis, congratulates Mildred Shoop on 50 years of teaching. House Resolution, Topinka, 291, congratulates Dr. Joseph Ondrus on his retirement, and House Resolution 292, McAuliffe, congratulates Captain Thomas Flavin on his retirement. I move the adoption of the Agreed Resolutions."
"Move the adoption of the Agreed Resolutions. All in favor say 'aye', opposed. 'Ayes' have it. General Resolutions."
"House Resolution 284, Madigan-Bowman. House Resolution 288, Rhea-Hannig. House Resolution 290, Pierce and W. Peterson."
"Committee on Assignments. Death Resolutions."
"House Resolution 285, McGann, with respect to the memory of Mr. William James Creighton."
"Representative Matijevich moves the adoption of the Death Resolutions. All in favor say 'aye', opposed. 'Ayes' have it. Messages from the Senate." 272 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 48th Legislative Day May 19, 1983
"A Message from the Senate by Mr. Wright, Secretary. 'Mr. Speaker, I am directed to inform the House of Representatives the Senate has passed Bills of the following title, which I am instructed to ask concurrence of the House of Representatives, to wit; Senate Bills #136, 137, 142, 143, 146, 149, 150, 107, 112, 125, 127, 128, 133, 134, 173, 175, 176, 186, 151, 152, 161, 162, 167, 171 and 172, passed by the Senate May 19, 1983. Kenneth Wright, Secretary.'"
"Greiman for the Adjournment Resolution."
"Thank you, Mr. Speaker. I move that the House stand adjourned until the hour of 9 a. m. tomorrow."
"9 a.m. tomorrow morning. House is adjourned." 273 12/01/83 10:43 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 19, 1983 PAGE 1 HB-0115 SECOND READING PAGE 255 HB-0116 SECOND READING PAGE 256 HB-0123 SECOND READING PAGE 257 HB-0128 SECOND READING PAGE 257 HB-0129 SECOND READING PAGE 257 HB-0130 SECOND READING PAGE 258 HB-0132 SECOND READING PAGE 258 HB-0133 SECOND READING PAGE 258 HB-0134 SECOND READING PAGE 259 HB-0135 SECOND READING PAGE 259 HB-0137 SECOND READING PAGE 259 HB-0142 SECOND READING PAGE 220 HB-0144 SECOND READING PAGE 220 HB-0147 SECOND READING PAGE 260 HB-0148 SECOND READING PAGE 260 HB-0149 SECOND READING PAGE 261 HB-0150 SECOND READING PAGE 261 HB-0151 SECOND READING PAGE 261 HB-0153 SECOND READING PAGE 262 HB-0154 SECOND READING PAGE 262 HB-0155 SECOND READING PAGE 262 HB-0156 SECOND READING PAGE 262 HB-0157 SECOND READING PAGE 263 HB-0165 SECOND READING PAGE 266 HB-0197 SECOND READING PAGE 117 HB-0220 SECOND READING PAGE 118 HB-0220 TABLED PAGE 118 HB-0234 SECOND READING PAGE 224 HB-0272 SECOND READING PAGE 80 HB-0289 SECOND READING PAGE 118 HB-0312 SECOND READING PAGE 119 HB-0336 SECOND READING PAGE 124 HB-0336 MOTION PAGE 250 HB-0424 SECOND READING PAGE 128 HB-0424 SECOND READING PAGE 249 HB-0424 HELD ON SECOND PAGE 129 HB-0463 SECOND READING PAGE 129 HB-0544 SECOND READING PAGE 130 HB-0561 SECOND READING PAGE 131 HB-0751 THIRD READING PAGE 100 HB-0765 SECOND READING PAGE 140 HB-0767 SECOND READING PAGE 142 HB-0767 HELD ON SECOND PAGE 153 HB-0770 SECOND READING PAGE 153 HB-0770 HELD ON SECOND PAGE 163 HB-0863 SECOND READING PAGE 163 HB-0928 SECOND READING PAGE 165 HB-0929 SECOND READING PAGE 165 HB-0929 HELD ON SECOND PAGE 168 HB-1048 SECOND READING PAGE 168 HB-1048 HELD ON SECOND PAGE 169 HB-1054 SECOND READING PAGE 170 HB-1104 SECOND READING PAGE 170 HB-1182 SECOND READING PAGE 174 HB-1187 SECOND READING PAGE 174 HB-1232 SECOND READING PAGE 177 HB-1253 SECOND READING PAGE 178 HB-1259 SECOND READING PAGE 179 HB-1260 SECOND READING PAGE 266 HB-1260 OUT OF RECORD PAGE 269 HB-1290 SECOND READING PAGE 179 HB-1293 SECOND READING PAGE 221 HB-1311 SECOND READING PAGE 223 HB-1314 SECOND READING PAGE 184 HB-1314 HELD ON SECOND PAGE 185 12/01/83 10:43 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 19, 1983 PAGE 2 HB-1328 SECOND READING PAGE 185 HB-1342 SECOND READING PAGE 186 HB-1344 SECOND READING PAGE 187 HB-1369 SECOND READING PAGE 116 HB-1376 SECOND READING PAGE 189 HB-1410 SECOND READING PAGE 189 HB-1455 SECOND READING PAGE 190 HB-1455 HELD ON SECOND PAGE 203 HB-1477 SECOND READING PAGE 203 HB-1480 SECOND READING PAGE 203 HB-1485 SECOND READING PAGE 204 HB-1494 SECOND READING PAGE 205 HB-1497 SECOND READING PAGE 208 HB-1559 SECOND READING PAGE 116 HB-1679 SECOND READING PAGE 214 HB-1702 SECOND READING PAGE 215 HB-1712 SECOND READING PAGE 217 HB-1738 SECOND READING PAGE 223 HB-1790 SECOND READING PAGE 115 HB-1805 SECOND READING PAGE 251 HB-1818 SECOND READING PAGE 217 HB-1866 SECOND READING PAGE 115 HB-1872 SECOND READING PAGE 252 HB-1897 SECOND READING PAGE 4 HB-1898 SECOND READING PAGE 114 HB-1914 SECOND READING PAGE 44 HB-1923 SECOND READING PAGE 4 HB-1928 SECOND READING PAGE 4 HB-1936 SECOND READING PAGE 5 HB-1938 SECOND READING PAGE 12 HB-1938 SECOND READING PAGE 116 HB-1938 HELD ON SECOND PAGE 12 HB-1948 SECOND READING PAGE 113 HB-1949 SECOND READING PAGE 44 HB-1950 SECOND READING PAGE 11 HB-1973 SECOND READING PAGE 12 HB-2002 SECOND READING PAGE 13 HB-2003 SECOND READING PAGE 14 HB-2006 SECOND READING PAGE 20 HB-2009 SECOND READING PAGE 14 HB-2013 SECOND READING PAGE 15 HB-2014 SECOND READING PAGE 15 HB-2019 SECOND READING PAGE 15 HB-2023 SECOND READING PAGE 20 HB-2023 MOTION PAGE 270 HB-2030 SECOND READING PAGE 21 HB-2031 SECOND READING PAGE 21 HB-2033 SECOND READING PAGE 22 HB-2033 HELD ON SECOND PAGE 22 HB-2035 SECOND READING PAGE 22 HB-2041 SECOND READING PAGE 23 HB-2047 SECOND READING PAGE 112 HB-2055 SECOND READING PAGE 44 HB-2056 SECOND READING PAGE 45 HB-2064 SECOND READING PAGE 45 HB-2072 SECOND READING PAGE 25 HB-2081 SECOND READING PAGE 25 HB-2083 SECOND READING PAGE 26 HB-2092 SECOND READING PAGE 26 HB-2094 SECOND READING PAGE 270 HB-2102 SECOND READING PAGE 26 HB-2103 SECOND READING PAGE 26 HB-2106 SECOND READING PAGE 32 HB-2107 SECOND READING PAGE 40 HB-2126 SECOND READING PAGE 40 12/01/83 10:43 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX PAGE 3 MAY 19, 1983 HB-2136 SECOND READING PAGE 40 HB-2149 SECOND READING PAGE 41 HB-2166 SECOND READING PAGE 41 HB-2169 SECOND READING PAGE 41 HB-2172 SECOND READING PAGE 41 HB-2172 SECOND READING PAGE 45 HB-2172 HELD ON SECOND PAGE 42 HB-2172 HELD ON SECOND PAGE 80 HB-2182 SECOND READING PAGE 42 HB-2184 SECOND READING PAGE 81 HB-2197 SECOND READING PAGE 81 HB-2202 SECOND READING PAGE 82 HB-2203 SECOND READING PAGE 83 HB-2206 SECOND READING PAGE 82 HB-2208 SECOND READING PAGE 84 HB-2218 SECOND READING PAGE 84 HB-2219 SECOND READING PAGE 85 HB-2220 SECOND READING PAGE 85 HB-2231 SECOND READING PAGE 86 HB-2233 SECOND READING PAGE 86 HB-2242 SECOND READING PAGE 101 HB-2243 SECOND READING PAGE 87 HB-2251 SECOND READING PAGE 88 HB-2251 HELD ON SECOND PAGE 100 HB-2264 SECOND READING PAGE 102 HB-2265 SECOND READING PAGE 103 HB-2266 SECOND READING PAGE 104 HB-2267 SECOND READING PAGE 109 HB-2268 SECOND READING PAGE 110 HB-2269 SECOND READING PAGE 110 HB-2274 SECOND READING PAGE 111 HB-2282 SECOND READING PAGE 111 HB-2285 SECOND READING PAGE 111 HB-2287 SECOND READING PAGE 111 HB-2293 FIRST READING PAGE 2 SUBJECT MATTER HOUSE TO ORDER - SPEAKER MCPIKE PAGE 1 PRAYER - REVEREND JAMES NEWMAN PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 REPRESENTATIVE MATIJEVICH IN CHAIR PAGE 36 REPRESENTATIVE GREIMAN IN CHAIR PAGE 81 REPRESENTATIVE CAPPARELLI IN CHAIR PAGE 85 REPRESENTATIVE GREIMAN IN CHAIR PAGE 102 MESSAGE FROM SENATE PAGE 219 COMMITTEE REPORT PAGE 219 SPEAKER MADIGAN IN CHAIR PAGE 248 REPRESENTATIVE CAPPARELLI IN CHAIR PAGE 255 AGREED RESOLUTIONS PAGE 272 GENERAL RESOLUTIONS PAGE 272 DEATH RESOLUTION PAGE 272 MESSAGE FROM SENATE PAGE 273 ADJOURNMENT PAGE 273