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Illinois House Floor Debate — July 1, 1983

83rd General Assembly (1983-1984) · Legislative day 77 · Regular Session
Chamber
House
General Assembly
83rd (1983-1984)
Date
July 1, 1983
Legislative day
77
Session
Regular Session
Speaker turns
1,981
Original
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Speaker Matijevich

"The House will come to order, and Speaker Madigan welcomes you to the July 1 Session of the General Assembly. Who said we'd end June 30th? The Chaplain for today will be Reverend William J. Peckham of Contact Ministries in Springfield. Reverend Peckham is a guest of Representative Michael Curran. Will the guests in the gallery please rise for the invocation?"

Reverend Peckham

"Let us pray. Lord, these have been really difficult days for the Members of this House. It's never been easy to serve You and to serve all the needs of our people, but these past days have been filled with more pressure and more clamoring voices than usual. We pause at the opening of this Session to give thanks for the men and women of this House of Representatives, to pray for Your help and to ask Your blessing on them. Grant that they may find that personal inner sanctuary of quiet and peace where decisions may be made and their minds and spirits find renewal. Help us to keep ourselves and our difficult world in proper perspective. God bless us all. Amen."

Speaker Matijevich

"Please remain standing as we are led in the Pledge of Allegiance by Representative Gordon Ropp."

Ropp - et al

"I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."

Speaker Matijevich

"Roll Call for Attendance. Roll Call for Attendance. Clerk will take the record. There being 118 Members here, we are in full attendance, and we have a quorum. Agreed Resolutions. Clerk will read the Resolutions."

O'Brien

"House Joint Resolution 69, Hastert - et al. House Resolution 452, Curran; 454, McGann; 455, Daniels - 1 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 et al; 456, Madigan - Daniels."

Speaker Matijevich

"The Gentleman from Winnebago, Representative Giorgi, on the Agreed Resolutions."

Giorgi

"Mr. Speaker, House Joint Resolution, by Hastert, 69 tells us we've selected a Miss Great Lakes for 1983. Curran's 452 notes a retirement. McGann's 454 notes a birthday. Daniels' 455 honors the entire Republican staff for their outstanding effort. And Madigan - Daniels' 456 honors the outstanding work of our Pages. And I move for the adoption of the Agreed Resolutions."

Speaker Matijevich

"Representative Giorgi has moved the adoption of the Agreed Resolutions. All in favor say 'aye', opposed 'nay', and the Agreed Resolutions are adopted. Death Resolution."

O'Brien

"House Resolution 453, with respect to the memory of Mr. Francis D. Nash."

Speaker Matijevich

"Representative Giorgi moves the adoption of the Death Resolution. All in favor say 'aye', opposed 'nay', and the Death Resolution is adopted. Gentleman from Marion, Representative Dwight Friedrich."

Friedrich

"Mr. Speaker and Members of the House, I would like to ask for a one hour recess for the Republican... purpose of a Republican Conference in 118 immediately."

Speaker Matijevich

"Representative Friedrich has asked for a Republican Conference in room 118 immediately. And we will stand at ease and return in one hour. One hour. Announcements from the Clerk."

O'Brien

"Attention all Members of the House of Representatives. Conference Committees are now being scheduled and posted on the bulletin board in the Speaker's Corridor, west end, behind the House chambers, also on the House official bulletin board outside the main door in the rotunda. Members will be notified in writing at their 2 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 desk. Conference Committee schedules are now being posted on the bulletin board in the Speaker's Corridor, west end, also on the main House bulletin board outside the main door in the rotunda. Members will be notified in writing at their desk on the House floor. Thank you."

Speaker Matijevich

"Committee Report."

O'Brien

"Representative Terzich, Chairman of the Committee on Executive, to which the following Resolution was referred, action taken July 1, 1983, reported the same back with the following recommendation: 'be adopted' Senate Joint Resolution #61."

Speaker Matijevich

"On page two of the Calendar app... on the Order of Conference Committee Reports appears House Bill 26. The Gentleman from Cook, Representative Cullerton."

Cullerton

"Out of the record."

Speaker Matijevich

"Out of the record. House Bill 104, Ronan. Out of the record. House Bill 114, Brookins. You want it out of the record for the moment, or are you ready? Out of the record for the moment. Leave to return. House Bill 186, Giorgi. The Gentleman from Winnebago, Representative Giorgi."

Giorgi

"Mr. Speaker, Conference Committee Report to House Bill 186 is an agreed to Report. What it does is, when the Bill left the House, it had to do with the single workmen's comp employer that's formed a pool in the event they went bankrupt. And what we do now is we take on the Group Self-Insurers Insolvency Fund, all under the direction of the Department of Insurance, and I urge the support of the House. Everyone's in agreement."

Speaker Matijevich

"Representative Giorgi has moved to adopt the First Conference Committee Report on House Bill 186. Gentleman from Peoria, Representative Tuerk."

Tuerk

"Mr. Speaker and Members of the House, what the Gentleman 3 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 from Winnebago said is correct. All the interested parties are in agreement on this Bill. Those of us on this side of the aisle that were involved are in agreement. I would ask for your support."

Speaker Matijevich

"Representative Giorgi has moved that the House do adopt the First Conference Committee Report on House Bill 186. All those in favor signify by voting 'aye', those opposed by voting 'no'. This is final action. Have all voted? Have all voted who wish? Clerk will take the record. On this there are 112 'ayes', no 'nays', and the House does adopt the First Conference Committee Report on House Bill 186. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 320, the Gentleman from Rock Island. That's right. This Bill, having received an Extraordinary Majority, is hereby declared passed. House Bill 320, Brunsvold. Representative Brunsvold, are you handling that? House Bill 320? Out of the record. House Bill 406, Representative Greiman. The Gentleman from Cook, Representative Greiman. Conference Committee Report on House Bill 406. 406. Employee health care benefits."

Greiman

"I... I appreciate you calling it, but I think we did it last night."

Speaker Matijevich

"Oh. Did we?"

Greiman

"I hope so. I... I'd be glad to give my same spiel again, but I think we did it last night. Would you like me to do it again?"

Speaker Matijevich

"As long as you did it, that's alright with me. House Bill 558, the Gentleman from McLean, Gordon Ropp."

Ropp

"Mr. Speaker, I'm ready to move on this, and... I do think... I do think it's kind of interesting, though. Just for information I have the Conference Committee meeting 4 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 notice which will be 1:00 this afternoon, but I'm willing to forget all of that and move ahead with it because we do have the Conference Committee Report already approved."

Speaker Matijevich

"Alright. Evidently they met early. Proceed."

Ropp

"Mr. Speaker and Members of the House, House Bill 558 deals with the mobile home and the problem that we had where a lot of mobile home owners failed to pay their privilege tax. I was attempting to establish a policy whereby the county treasurer would have to verify the tax being paid prior to having a title transfer by the Secretary of State. In the Conference Committee approval, we now state that the buyer of a mobile home will receive a proof of payment that his taxes are paid in full and that that proof shall accompany the certification for title transfer. That part is good. The part that is a little bit hairy, but I'm going to accept it, it does not say that... it does say that if the Secretary of State, by chance, receives a title transfer application that does not have the proof of tax paid in full, that the Secretary will continue to process the title transfer. The Secretary of State's Office did not want to be placed in the position of a lever to collect those taxes, and I can understand their situation. And I move we adopt First Conference Committee Report on House Bill 558."

Speaker Matijevich

"Representative Ropp has moved that the House do adopt the First Conference Committee Report on House Bill 558. There being no discussion, all those in favor will signify by voting 'aye', opposed by voting 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this question, there are 110 'ayes' and no 'nays'. Ebbesen 'aye'. 111 'ayes'. And this Bill, having received the Constitutional... Constitutional Three-Fifths 5 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Majority, is hereby declared passed. House Bill 584, the Gentleman from Macon, Representative Tate."

Tate

"Yes, Mr. Speaker, Ladies and Gentlemen of the House, House Bill 584, which provided for the regulation of the business relationship between insurance carriers and the independent insurance agents, sets notice requirements for the cancellation of an agent by an insurance carrier, places the onus of a rehabilitation agreement equally upon both the agent and the insurance company. This is a Bill that we passed out of this chamber earlier this year with 114 votes in this House. It passed the Senate 54 to 3. And after it had passed the Senate, we had discovered that we could improve the Bill with the rehabilitation language that we put on in the Conference Committee Report. And it's an agreed upon Bill by both sides, and I would encourage the... a favorable Roll Call."

Speaker Matijevich

"Representative Tate has moved that the House do adopt the First Conference Committee Report on House Bill 584. The Gentleman from Macon, Representative John Dunn. John Dunn."

Dunn

"Is the Report distributed? I'm still looking for it here."

Speaker Matijevich

"They're all distributed. There being no discussion, all those in favor will signify by voting 'aye', those opposed by voting 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. Oh, I'm sorry. Steczo 'aye'. On this question, there are 111 'ayes', no 'nays', and House... and the House does concur... does adopt the First Conference Committee Report on House Bill 584. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House Bill 645, Representative Rea."

Rea

"Thank you, Mr. Speaker and Members of the House. House 6 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Bill 645 provided for POW license plates for pick up trucks. We provided legislation last Session for cars, and this would extend it to the trucks. It also... the Pearl Harbor survivors would be included, as long as they have served in the U.S. military, and it has the special license plates for the firemen. And I would move for adoption of this Conference Report."

Speaker Matijevich

"Representative Rea has moved that the House do adopt the First Conference Committee Report on House Bill 645. Gentleman from Winnebago, Representative Mulcahey. Mulcahey."

Mulcahey

"Question of the Sponsor, Mr. Speaker."

Speaker Matijevich

"Proceed."

Mulcahey

"Is there anything in this Conference Committee Report relating to the survivors of the 'Pcuson Ferameter' of 1953? There's nothing... That... Was that taken out, or is that..."

Rea

"That was taken out."

Mulcahey

"Thank you."

Speaker Matijevich

"There being no further discussion, the... Representative Rea has moved to adopt the First Conference Committee Report to House Bill 645. All in favor will signify by voting 'aye', opposed by voting 'no'. This takes three-fifths. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 100... 99 'ayes', 13 'nays', 2 answering 'present', and this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House Bill 647, Saltsman. Representative Saltsman. 647."

Saltsman

"Yes, Mr. Speaker, on House Bill 647, I recommend that Conference Committee Report #1 be accepted. There are three Amendments here that are non-cost items, and Senator 7 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Goldstein was with us with the Pension Laws Commission. And there's no opposition to this. The Amendments are non-cost factor items to similar programs that have went out of the House before. Representative Neff, from the other side of the aisle, has researched each and every one, because he was on the Pension Committee with me. And I do ask for approval of Conference Committee Report #1 on House Bill 647."

Speaker Matijevich

"Representative Saltsman moves that the House do adopt the First Conference Committee Report on House Bill 647. The Gentleman from Cook, Representative Piel."

Piel

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

Speaker Matijevich

"He indicates he will."

Piel

"Don, I didn't hear the complete explanation. But a question... our analysis here shows that it allows park districts participating in certain recreation programs to levy a tax to fund this portion. Is that a voter approved tax, or is it just basically a backdoor tax to where it's a non-voter approved tax?"

Speaker Matijevich

"Representative Stuffle."

Piel

"No, I'm asking a question. I'm sorry, Mr. Speaker. My answer?"

Speaker Matijevich

"Representative Steczo. Oh, I'm sorry. Wait."

Saltsman

"Just a second. This was a ... Yeah, this was a program. I want to yield to Representative Steczo on this, Representative Piel. Would that be alright?"

Speaker Matijevich

"Yields to Representative Steczo. Proceed. Representative... He yields... Representative Steczo will handle the Motion."

Steczo

"Thank you, Mr. Speaker. Would it be possible for Representative Piel to restate his question, please?" 8 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Piel

"My first question was I noticed that, on the analysis, it says, you know, in reference to the Conference Committee Report, it allows park districts participating in certain joint recreation programs to levy a tax to fund their portion, etcetera, etcetera. Now, is this a non-voter approved tax? Does this have to be approved by the voters in that specific park district?"

Steczo

"Representative Piel, it's the same provision that we have in terms of the cost sharing that we have given to health departments and municipalities and educational service region employees. It is what... what you stated, non-referendum approval; however, it's limited only to the amount of the prorated participation with the... in the IMRF. And because of that, that's why the Pension Laws Commission gave it its approval."

Piel

"Okay. So, basically, point one is that it was a non-voter approved tax increase. Point two, it says it increases the interest charged to employers making late payments to the IMRF. Could you explain what that would be for? I mean, timewise?"

Steczo

"That's... That is not part of the Bill that I handle. However, I think that that's similar to legislation that passed the House and the Senate both unanimously, if I'm not mistaken. Mr. Speaker, I refer to Representative Saltsman."

Speaker Matijevich

"Back to Saltsman again."

Saltsman

"Yes, that is if the payments are more than one month late."

Piel

"Okay. Would you also give us what exactly... I noticed this is amending parts of the Chicago Teachers' Article of the Pension Code."

Saltsman

"Yes, Representative Piel, that is similar to a Bill that we passed out of here last week. And any person who 9 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 has previously been a member and a teacher into the pension fund, if they go to work as a member of one of the organizations representing teachers, that organization can pay the employer and the employee's amount to leave them in that fund. And this is a similar Bill that we passed for downstate teachers last week."

Piel

"It's..."

Saltsman

"This is no cost to the city or cost to the state. The... The employer, whether it be the IEA, the AFT and, in case they would get defeated for election, go back into teaching, their fund... their pension would have kept rotating right with them."

Piel

"You know, just looking at this - I might be wrong. I'm not sure of the exact Senate Bill number, whether it was 903, 904, something like that. Are parts of this similar to that Bob Healey Bill... you know, Robert Healey Bill that we had that was 903, 904, whatever it was that lost on Third Reading?"

Saltsman

"Yes. Yes."

Piel

"Thank you very much."

Saltsman

"It was a misunderstanding on that, and that's the reason that it's back. And it's all been settled with the Pension Laws Commission."

Speaker Matijevich

"Gentleman from Cook, Representative Kulas."

Kulas

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

Speaker Matijevich

"Representative Kulas moves 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 Saltsman to close."

Saltsman

"Thank you, Mr. Speaker. Throughout the Conference Committee, we've had about seven or eight different Amendments offered to this that we rejected, because there was cost factors that were involved, and we didn't want to 10 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 make a Christmas tree out of it. This is a good, sensible Bill. Everything's agreeable with us and the Pension Laws Commission, and I do ask for its approval."

Speaker Matijevich

"Representative Saltsman moves that the House do adopt the First Conference Committee Report on House Bill 647. Those in favor signify by voting 'aye', those opposed by voting 'no'. This takes three-fifths vote. This is final action. Have all voted who wish? Have all voted who wish? The Clerk will take the record. Up. Kirkland 'no'. It's still open. Board is still open. Yeah, you need 71 votes. The Bill requires a... Representative Steczo."

Steczo

"Thank you, Mr. Speaker and Members of the House. There is one thing I think that should have been brought out in the questions that Representative Piel asked me, and that's that the park district portion is not a park district portion per se, but only applies to special recreation districts in terms of IMRF and IMRF funding. And it just... it just is a provision that provides that those proportionate share of costs can be made. And if you're not familiar with special education districts, what this small share does, actually, is takes away from recreational programs for the handicapped, and that's why this particular provision is needed. So, I would encourage a 'yes' vote on Conference Committee Report #1."

Speaker Matijevich

"Representative Stuffle, one minute to explain his vote."

Stuffle

"Simply to indicate that earlier there was some concern that this Bill might be amended in the Conference to include some contractual service time that would set a new precedent. I know that some Members feared for that. That is not in this Conference Report. There's nothing in this Report that's not approved by the Pension Laws Commission, 11 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 and I would urge an affirmative vote."

Speaker Matijevich

"The Gentleman from DeWitt, Representative Vinson."

Vinson

"Mr. Speaker, Ladies and Gentlemen of the House, I rise in opposition to the Conference Committee Report primarily because, as I read the Conference Committee Report, on pages two and three, it would authorize a non-referendum tax levy for park districts, and I do not believe that we ought to be doing that at this point."

Speaker Matijevich

"Representative Piel."

Piel

"Just to ask for a verification if this reaches 71."

Speaker Matijevich

"Have all voted who wish? The Clerk will take the record. On this question, there are 71 'ayes', 43 'nays', 2 answering 'present'. And the Gentleman from Cook has asked for a verification. Poll of the two absentees."

O'Brien

"Poll of the Absentees. Ralph Dunn and Winchester."

Speaker Matijevich

"The Clerk will now announce the affirmative vote. As he announces your name... Ralph Dunn 'aye'. 72 'ayes'. When your name is called, be in your seat and raise your arms or arm."

O'Brien

"Alexander. Barnes. Berrios. Bowman. Braun. Breslin. Brookins. Brunsvold. Bullock. Capparelli. Christensen. Cullerton. Currie. DeJaegher. DiPrima. Domico. Doyle. John Dunn. Ralph Dunn. Farley. Flinn. Giglio. Giorgi. Greiman. Hicks. Homer. Huff. Hutchins. Jaffe. Keane."

Speaker Matijevich

"Leave for Woods Bowman to be verified. Leave. Proceed."

O'Brien

"Krska. Kulas. Laurino. LeFlore. Leverenz. Levin. Marzuki. Matijevich. Mautino. McAuliffe. McGann. McPike. Mulcahey. Nash. Neff. Oblinger. O'Connell. Panayotovich. Pangle. Pierce. Preston. Rea." 12 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Rhem. Rice. Richmond. Ronan. Saltsman. Satterthwaite. Shaw. Slape. Steczo. Stuffle. Taylor. Terzich. Turner. Van Duyne. Vitek. White. Wolf. Younge. Yourell. Mr. Speaker."

Speaker Matijevich

"Questions of the affirmative vote."

Piel

"Question of the Clerk, Mr. Speaker. What are we starting out with, please?"

Speaker Matijevich

"I think it's 72, unless you count Breslin two votes. Today is the day, I think."

Piel

"I'll give her a half a vote."

Speaker Matijevich

"72 votes."

Piel

"Representative Alexander."

Speaker Matijevich

"I don't see Ethel in her seat. Remove Ethel Alexander."

Piel

"Representative Braun."

Speaker Matijevich

"Representative Braun is way in the back."

Piel

"Representative Bullock."

Speaker Matijevich

"Bullock is in his seat."

Piel

"I see him. Representative Currie."

Speaker Matijevich

"Representative Currie is in the aisle."

Piel

"Representative DiPrima."

Speaker Matijevich

"DiPrima is..."

Piel

"I see him."

Speaker Matijevich

"Alright. There he is."

Piel

"Representative Doyle."

Speaker Matijevich

Speaker Matijevich: "Representative Doyle. I don't see Representative Gene Doyle. Curran wants to change from 'no' to 'aye'. Curran from 'no' to 'aye'. Return Ethel Alexander to the Roll Call. And remove Representative Doyle."

Piel

"Giglio."

Speaker Matijevich

"Giglio? He's in his seat."

Piel

"Representative Greiman." 13 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"Representative Greiman. Representative Greiman. Greiman. See if the fourth one brings him out. There he is on the fourth one. Representative Greiman."

Piel

"Representative Hicks."

Speaker Matijevich

"Representative Hicks. Is Representative Hicks back there? There he is."

Piel

"Representative Panayotovich."

Speaker Matijevich

"Panayotovich. I don't see Panayotovich in the back there. Remove Representative Panayotovich. Continue. Representative Hannig, for what purpose do you rise?"

Hannig

"Mr. Speaker, would you please record me as 'aye', please?"

Speaker Matijevich

"Change Hannig from 'no' to 'aye'. What was the last question?"

Piel

"Representative Preston."

Speaker Matijevich

"Lee Preston. Is Representative Preston in the chamber? I don't see him. Remove Representative Lee Preston. Proceed."

Piel

"I'm sorry. Was he removed?"

Speaker Matijevich

"Who?"

Piel

"Was Representative Preston removed?"

Speaker Matijevich

"Yes."

Piel

"Thank you. Noise level is getting a little high, Mr. Speaker. Representative Richmond."

Speaker Matijevich

"Representative Richmond. Is Representative Richmond back there? Yes, he's here. Proceed."

Piel

"Did you say Representative Richmond was back there?"

Speaker Matijevich

"No, he's not. I thought he was... He was waving his arm, but he wasn't. That was somebody else. Remove Representative Richmond. Panayotovich back on the, Roll Call."

Piel

"Representative Slape." 14 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"In his seat."

Piel

"Mr. Speaker, I'm waiting for your reply to that one. Representative Slape."

Speaker Matijevich

"Slape. You called him twice, and he's been in his seat twice."

Piel

"Oh, I'm sorry. I'm sorry. Representative Turner."

Speaker Matijevich

"Turner. Is... Representative Turner is in the back."

Piel

"Representative Van Duyne."

Speaker Matijevich

"He's still there."

Piel

"Representative White."

Speaker Matijevich

"Jesse White's in his seat."

Piel

"Representative Capparelli."

Speaker Matijevich

"Capparelli is right in front, here."

Piel

"No further questions."

Speaker Matijevich

"No further questions. What's the count, Mr. Speaker (sic - Clerk)? 71 'ayes', 41 'nos', and the House does adopt Conference Committee Report #1 on House Bill 647. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House Bill 690, Homer. The Gentleman from Fulton, Representative Homer."

Homer

"Thank you, Mr. Speaker and Ladies and Gentlemen. I would move for acceptance of the concurrence... Conference..."

Speaker Matijevich

"Representative Jaffe, for what purpose do you rise?"

Jaffe

"Mr. Speaker, I believe, if you take a look at that Conference Committee Report, it's defective on its face. There are no printed signatures there. There are two signatures that are not there that there are no names under. I wish you would look at it, and I would object to it on the grounds that it's defective on its face."

Speaker Matijevich

"Your point is well taken. It would take 71 15 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 votes to suspend that rule to have this Conference Committee. Representative Homer."

Homer

"Mr. Speaker, I would move for the suspension of Rule 79(a)."

Speaker Matijevich

"Gentleman from Cook, Representative Cullerton."

Cullerton

"I would just ask if he could take it out of the record for... so we can look into this."

Speaker Matijevich

"Leave to take it out of the record until they look into that problem, before we honor the Motion. Leave. Out of the record. House Bill 691, Hannig. Representative Hannig on House Bill 691."

Hannig

"Thank you, Mr. Speaker, Members of the House. I would move that the House accept Conference Committee Report #1 to House Bill 691. Briefly, let me explain the Bill. The Bill would create the Wildlife Habitat Commission which would be empowered to study the preservation and retention of wildlife habitats in this state. The appointments would be of various environmental groups would be appointed automatically to the Commission. It would be a non-paying Commission. There is no appropriation for this Commission, and they would meet and advise the Department of Conservation as to their ideas on the preservation of wildlife in this state, wildlife habitat. They would also be empowered to sell wildlife habitat stamps for the expressed purpose of raising money to purchase this habitat. That was the general nature of the Bill as we passed it, and it went to the Senate. In the Senate, Senate Amendment #1 was adopted which we are asking that be also accepted here, which would establish a Natural Resources Information Fund to allow the state's geological survey, water survey and natural history survey to meet the increased demand for maps, publications and data from the 16 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 industry, university and citizens. Basically, the Amendment would allow these scientific surveys to be sold at cost so that the... so that they could recover their costs. The monies would not be used to pay salaries or staff or anything, but simply to defray the high costs of commodities, computer tapes, computer time, equipment and all the printing fees involved in coming up with these geographic surveys. We also, in this Conference Committee, would accommodate some of our friends from DuPage County by changing the number in Section 6(B)-4 so it would read, 'In counties of 500,000 or more inhabitants, 100% of the monies in the Domestic Violence Shelter and Service Fund collected in such county shall be used in these counties for domestic violence.' Under the current law, it says three million. This would simply change it to 500,000 and would only affect DuPage County, and that's at the request of some of the Legislators from DuPage. The Conference Committee was signed by all ten Members, and I would ask for your adoption."

Speaker Matijevich

"Representative Hannig has moved that the House do adopt the First Conference Committee Report on House Bill 691. Gentleman from McHenry, Representative Klemm."

Klemm

"Will the Sponsor yield?"

Speaker Matijevich

"He indicates he will. Proceed."

Klemm

"Representative, what... where does the money go now in counties less than 500,000 for the domestic violence?"

Hannig

"Well, all the monies go into the state fund, but this would specifically require that those... that the amounts of monies collected in those counties as specified by law, would be spent in those counties."

Klemm

"Why is that county any different than any other county? I mean, why... If that's such a good idea, why didn't all 17 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 the counties have the monies that were collected be spent within its county?"

Hannig

"The original legislation simply addressed a situation in Cook County. Senator Fawell and some of the other Representatives from DuPage asked me to accommodate them for DuPage County, and I have done so here."

Klemm

"One last question. In the collection of the fees, apparently in the cost for the sale of maps, publications and that from this new Natural Resource Fund, where did those monies go originally?"

Hannig

"Well, under the present law, they're not allowed to charge for maps, so what we're having is that a large amount of money is being spent out of the line items simply to provide maps, for example, in some of the areas where they're now drilling for... or wanting to drill for oil or looking for coal exploration. And we want to continue giving them the maps, but we don't want to see the state have to foot a large bill. So, we're asking that we be allowed to charge them cost."

Klemm

"Couldn't the Conservation Department or the existing departments do that now by legislation rather than creating another agency or information fund? I didn't want to, you know, expand government more than we need."

Hannig

"This is at the request of the Department of Energy and Natural Resources."

Klemm

"Okay. Alright. Thank you very much."

Speaker Matijevich

"Representative Marzuki."

Marzuki

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Conference Committee Bill (sic - Report) is a good Bill. It should be supported by all of those people who are interested in saving the state money. The research that has been developed by the various entities covered in this Bill is very important to farmers, very important to 18 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 people in mining, very important to many people in ecological activities. The demand for these publications has become greater. We have had no charge on this. This provides that a nominal cost be covered by the recipients of the material. It's a good Bill. I hope it gets the necessary support from every Member of this Body."

Speaker Matijevich

"Representative Piel, the Gentleman from Cook."

Piel

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

Speaker Matijevich

"Representative Hannig has moved that the House do adopt the First Conference Committee Report on House Bill 691. Those in favor signify by voting 'aye', those opposed by voting 'no'. This is final action and takes Three-Fifths Majority. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 102 'ayes', 12 'nays', 1 answering 'present', and the House does adopt the First Conference Committee Report on House Bill 691. This Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House Bill 700, Ebbesen."

Ebbesen

"Yes. Mr. Speaker and Ladies and Gentlemen of the House, I would move that the House adopt the First Conference Committee Report on House Bill 700. This is the... is exactly the same action in this Conference Committee that we did here removing the University of Illinois as a separate board, also, the Edwardsville Campus as a separate board and leaves the original thrust of the legislation with Northern Illinois University having its separate board, and I would move for the adoption of the House Bill 700 Conference Committee."

Speaker Matijevich

"Representative Ebbesen has moved for the adoption of the First Conference Committee Report on House Bill 700. The Gentleman from McLean, Representative Ropp." .. 19 STATE OF ILLINOIS 83RD GENEBAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Ropp

"Mr. Speaker, would the Sponsor yield, please?"

Speaker Matijevich

"Proceed."

Ropp

"Representative, you've mentioned occasionally, and I guess I kind of forgot it, how this would save tax dollars by making this move. Could you recite those dollars you told me that we were going to save and explain how that would happen?"

Ebbesen

"Yes. I'd be very happy to. I'd be very happy to. The present Board of Regents has an appropriation of a little over 600,000 dollars, and Northern Illinois University has the second largest enrollment of the four institutions... four-year institutions in the entire state. Now, in house at Northern, with 26,000 students and having our own legal counsel and everything that's necessary in the budgeting process, and this would eliminate... having a separate board would eliminate Northern having to come down with Illinois State University and Sangamon State University. Their appropriation could be reduced by probably a quarter of a million dollars. And Northern, with everything in house, can go through that budgeting process leading to eventually the appropriation for something like about 75 to 90,000 dollars, which will save the taxpayers roughly 150 to 175,000 dollars."

Ropp

"Are you going to support the concept that every institution of higher learning then have their own board because they'd be able to save that many dollars?"

Ebbesen

"First of all, I've introduced this legislation before, and the interesting thing is if any other institution wishes to have their own Board of Trustees, I certainly would give consideration to supporting that for... depending upon the institution and what the circumstances were."

Ropp

"Alright. Mr. Speaker, if I may, to the Bill, momentarily. 20 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 A number of years ago, each of the boards of higher education had separate boards, and there was a feeling that together we could save money and we ought to consolidate efforts in setting up regional type boards, and so, that occurred. If we are concerned about the efficiency of spending tax dollars and improving and maintaining quality of education, this is the first attempt to begin to erode that direction of consolidating boards so that they could come to this Body with a unified approach. What is going to happen, if this Bill passes, is that other institutions of higher learning will also want their own boards, and again we will see a tremendous clamor for tax dollars from which we only have a certain particular amount. You're going to see universities begin to pull at each other, tug at each other when, in fact, in the educational system in this State of Illinois, we ought to be pulling together. This is not a good approach. The fact is, I would have liked to even asked the question whether or not the word 'knowingly' was in the Bill, because this is almost a criminal offense in that what we're attempting to do is begin to splinter the movement of higher education in the State of Illinois. And I would urge a 'no' vote and send this back to a second Conference Committee so that if, in fact, one institution is allowed to break away, then all of them should be able to set up their own boards and drive up the cost of education without improving the quality one bit."

Speaker Matijevich

"Lady from Cook, Representative Carol Braun."

Braun

"Mr. Speaker, I'd like to defer to Representative Satterthwaite first, if it's alright."

Speaker Matijevich

"Representative Satterthwaite."

Satterthwaite

"Mr. Speaker and Members of the House, the Sponsor of this piece of legislation would lead you to believe that 21 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 some economy was going to be affected if this Bill passes. Quite the contrary. Testimony in Committee indicated that there would not be a savings. We would still have to fund all of the staff of the Board of Regents in order to have them facilitate the services to the other portions of this system. And so, in fact, what the Sponsor has told you flies in the face of testimony that was given in the House Higher Education Committee. Unfortunately... Mr. Speaker, could we have a little order, please? Unfortunately..."

Speaker Matijevich

"Please have a little order here. Alright. Proceed, Helen. Let's have a little order. It's been a long two weeks, but let's have some order. Try it again, Helen."

Satterthwaite

"Unfortunately, the Sponsor of the Bill has now placed us in a situation where a vote either for this Conference Committee or against the Conference Committee is wrong. And so, I would urge that Members simply vote 'present', because the Bill itself should not pass. It happens that the Conference Committee Report makes it a somewhat better Bill than it is as it stands alone with only Northern Illinois University being split out of its major system. However, I would not want the Members of the House to feel that by making a bad Bill slightly better, we should be stampeded into accepting this Conference Committee Report. And for that reason, since a 'yes' vote is a wrong vote, since a 'no' vote is a wrong vote, I would urge that Members vote 'present', and I will insist on a verification, should the Bill receive enough votes for passage."

Speaker Matijevich

"The Gentleman from Winnebago, Representative Hallock."

Hallock

"I move the previous question."

Speaker Matijevich

"Representative Hallock moves the previous 22 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 question. The question is, 'Shall the main question be put?' Those in favor say 'aye', opposed 'nay', and the main question is put. Representative Ebbesen to close."

Ebbesen

"Oh, yes. Thank you, Mr. Speaker. In response to the previous speaker, I would just say that a 'present' vote is the wrong vote. This Bill originally flew out of here as a separate board for Northern and with over 80 votes, and to say that a 'yes' vote is a wrong vote and a 'no' vote is a wrong vote is completely in error. And I would challenge, as far as her statement about not being able to save money. I'm telling you that without question we would be able to save 150 to 200,000 dollars and, at the same time, give Northern Illinois University, that institution, the board that it deserves and should have had many years ago."

Speaker Matijevich

"Representative Ebbesen moves that the House do adopt the First Conference Committee Report on House Bill 700. This is final action. All in favor vote 'aye', opposed vote 'no'. This takes a Three-Fifths Majority. Oh, a simple Majority. I'm sorry. Simple Majority. Have all voted? Representative Keane, one minute to explain his vote."

Keane

"Thank you, Mr. Speaker. Is my light working?"

Speaker Matijevich

"Yes, but you're hardly ever there. I'd never notice. I figure one shot deserves another one. Go ahead."

Keane

"Well, I thought with last night's vote and today that my light was off or had been disconnected."

Speaker Matijevich

"No, it's on."

Keane

"Thank you."

Speaker Matijevich

"I apologize for that remark, if you'll apologize for yours. Proceed."

Keane

"I'll talk to you later. I rise in opposition to this Bill. While the intent of the Sponsor of the Bill is of 23 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 the highest, what would happen if all of the universities in the State of Illinois had their own board? If this Bill passes and is signed by the Governor, we will end up with that type of situation, and you'll see university after university coming in here for their own separate board. At that point, the Board of the Higher Education in the state will become unmanageable. It will become political. People will... The boards... Each of the universities will have their own lobbyists down here, and we'll get into an awful lot of local, regional bickering over how much we should give each university. For those of you who are not aware of the pecking order within higher education, this will basically mean that the universities of Illinois, both at Chicago and downstate, will become the dominant universities, and those of you who have constituents who go to other universities will suffer. I would urge a 'no' vote on this Bill."

Speaker Matijevich

"Gentleman from Cook, Representative McGann, one minute to explain his vote. Wait. Wait till they put your mike on, Andy. Representative McGann."

McGann

"Thank you. Thank you, Mr. Speaker, Members of the Assembly, for just a couple of seconds. This Bill, as the Sponsor mentioned, went out of this House with over 80 votes. We had a lot of debate on it, pro and con. This is a good Bill. I don't know why the self interest groups are so concerned about having a separate board at Northern Illinois. It's a great part of our state. It should have a right to have it. It will have more accountability, and they will be... it will be a healthier environment throughout. I'd urge a lot more green votes up there. This is an excellent Bill. It came out of here with well over 80. Let's put over 80 now. Thank you."

Speaker Matijevich

"Representative Stuffle, one minute to 24 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 explain his vote."

Stuffle

"Simply to echo the views Representative McGann expressed. I think they would stand on their own. If these other people can't stand on their own, they shouldn't stand at all. This is a fine university. It's a major university. We're not talking about everybody having their own board. We're talking about Northern's situation. We're talking about a university that's proven its worth and will have to even more so by standing on its own."

Speaker Matijevich

"Representative Curran, one minute to explain his vote."

Curran

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a terrible Bill. This is a going away present to somebody who has served well in here, but this isn't a country club. This is a... This is a Legislature. And this should not be. Now, when this Bill went through Committee, it took two tries to get it through Committee. And when this Bill went through the House, it took the complicity of some of the people on this side to get it through the House. When this Bill went through the House, I quoted the president of Northern Illinois University. And the president of Northern Illinois University himself did not want to break off from the rest of the system. This is a terrible Bill. I urge a 'no' vote."

Speaker Matijevich

"Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 81 'ayes', 17... 81 'ayes', 17 'nays', 17 answering 'present', and the House does adopt the First Conference Committee Report on House Bill 700. And this Bill, having received... Yes, Representative Satterthwaite, for what purpose do you rise?"

Satterthwaite

"I had indicated previously that if this were to get enough votes for passage, I wanted a verification." 25 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"Oh. You know it takes only 60... 60 votes."

Satterthwaite

"Well, I was going to ask for a clarification on that point."

Speaker Matijevich

"60 votes. I... At first..."

Satterthwaite

"Because there... with an immediately effective date in the Bill..."

Speaker Matijevich

"There is no... There is no immediate effective date, I understand."

Satterthwaite

"There is no immediate effective date in the Bill."

Speaker Matijevich

"No, and the... Wait. We're coming... The staff is... The Parliamentarian will rule where... There is no effective date in the Bill. There is no effective date in Senate Amendment #1, which is the Amendment adopted by the Conference Committee Report. Therefore, if this Bill receives 60 votes, it becomes effective July... January... July, 1984. I'm sorry. July, 198... July 1, 1984. So, all it needs is a simple majority. Representative Satterthwaite."

Satterthwaite

"What would the status of the Bill be if it received more than 60 votes, but not 71 votes?"

Speaker Matijevich

"Same status. Same effective date, because there was no effective date in the Bill nor the Amendment, which the Conference Committee adopted."

Satterthwaite

"If it gets less than 71 votes..."

Speaker Matijevich

"Same thing. As long as it gets more than 60. That's what counts. The determining factor is whether there is an effective date in the Bill. That's the determining factor. Representative Pierce, for what purpose do you rise?"

Satterthwaite

"Mr. Speaker..."

Pierce

"Parliamentary inquiry. Am I right, it doesn't matter whether it gets 118 votes or 60 votes? It's the same 26 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 effective day, July..."

Speaker Matijevich

"That's right."

Pierce

"No, it doesn't. It's the same effective date if it gets 72 votes. It'll be effective July 1 of 1984."

Speaker Matijevich

"Correct."

Pierce

"If it gets 60 votes, it'll be effective July 1. If it's 118 votes, it'll be effective July 1, 1984. I'm asking, and I'm asking for a ruling. Am I right?"

Speaker Matijevich

"You're correct. If it gets 119, then we're going to have an investigation. Next Bill is House Bill 1178. Is Representative Breslin here yet? I hope so. The Lady from LaSalle, Representative Breslin. You better hurry with this Bill. Representative Taylor. Wait... did we... Yes, I did declare the Bill having a Constitutional... Wait a minute. Just one moment. House Bill 700... Taylor, for what purpose do you rise?"

Taylor

"Mr. Speaker, I've been trying to get your attention for some time. I would like to have leave to have my 'aye' vote changed to 'no'."

Speaker Matijevich

"Leave. This Bill, having received a Constit... Did I take the record, Jack? I took the record, and now I am announcing that this ... the House did adopt the First Conference Committee Report. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1178, Breslin. The Lady from LaSalle."

Breslin

"Thank... Thank you, Mr. Speaker, Ladies and Gentlemen. Conference Committee Report #1 makes only... corrects only technical errors in House Bill 1178 as it came over from the Senate. When it came over from the Senate, it made a couple of changes. For one thing, it changed from 'may' to 'shall', making it mandatory that before and after school programs include time for homework, physical exercise, 27 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 afternoon nutritional snacks and educational offerings. In addition to that, Senate Amendment #2, put on by Represe... by Senator Emil Jones, included Chicago in the legislation. Those were the two Amendments put onto this latch-key program over in the Senate. The Conference Committee Report only made technical changes, correcting technical errors in the Bill as it came back from the Senate. I move to accept Conference Committee Report #1."

Speaker Matijevich

"Representatvie Breslin moves that the House do adopt the First Conference Committee Report on House Bill 1178. Representative Hawkinson."

Hawkinson

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

Speaker Matijevich

"She indicates she will."

Hawkinson

"Representative, in its present form and even before these technical changes, with the Senate Amendments, do these latch-key programs now become mandatory on local school districts?"

Breslin

"No. They are not mandatory on either local school districts, either downstate or Chicago. They are completely permissive. The only thing that the Senate did was to say, if school districts get into this business, you must at least provide time for homework, physical exercise, after school nutritional snacks and educational offerings. That's what they made mandatory."

Hawkinson

"Thank you. Thank you."

Speaker Matijevich

"Representative Mautino."

Mautino

"Will the Lady yield for a question, please?"

Speaker Matijevich

"She indicates she will. Proceed."

Breslin

"Yes."

Mautino

"As I read the Conference Committee Report, the Senate receded from Amendments 1 and 2. So, downstate is no longer in the Bill is it."

Breslin

"Wrong. That... That was the recommendation, was to 28 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 recede, and then they put them both back in in correct order. The staff analysis is... I agree, seems to complicate the issue, but that is the status."

Speaker Matijevich

"Are you through, Representative Mautino? Representative Diana Nelson."

Nelson

"Thank you very much, Mr. Speaker. Question of the Sponsor."

Speaker Matijevich

"Proceed."

Breslin

"Surely."

Nelson

"Thank you. Representative Breslin, I remember this Bill coming through our Committee; and, at that time, I had a number of objections to it, some of which you tried to respond to. As I remember the original Bill, every employee of the latch-key program had to be a teacher. Is that not right?"

Breslin

"No. Under the original Bill, the employees had to be teachers if they were available. Certified teachers."

Nelson

"Alright."

Breslin

"And instead we changed that to say that... as I recall, as it left the House, it could be either/or; but, as it came back from the Senate, it makes it clear that only the chief administrator of the program must be a certified teacher or a person who is... who meets the requirements for supervising a day care center under the Child Care Act. And I, quite frankly, think that is better language."

Nelson

"What about the case where a park district or a recreational program has latch-key programs that are not run by a certified teacher or a person who meets the requirements for supervising a day care center?"

Breslin

"That issue has not been changed under these... under these Amendments. As we said before when the Bill originally passed the House, this legislation only affects school districts that are administering latch-key programs. 29 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 To the extent that recreational districts, park districts, etcetera, are ... are running the programs, they are not covered by this legislation."

Nelson

"Okay. Thank you very much for clearing that up. To the Bill, Mr. Speaker."

Speaker Matijevich

"Proceed."

Nelson

"Okay. I believe that we need to address the problem of those children who have both working parents and need to have provision for their care after school and before school. I believe that Representative Breslin is sincerely trying to address that problem, but I'm going to vote 'no' on this Bill because of the wording that has come to us in this Conference Committee Report. I think that to force the chief administrator to be a certified teacher or someone who meets the day care requirements is unwise. I think there are many other people out there who would make fine supervisors of this program. In my own district, for instance, there is a program run by a mother of some of the students, and she does an excellent job. This particular Bill would put her out of business, and I believe that that is inherently unfair. I also do not think that it is a good idea at all to have this language, although it is a power given to a school board, once they decide that they will provide a latch-key program, then they have no choice. The language, as it left the House, was 'may' language, but this language is 'shall' language. And it says they must provide time for homework, physical exercise, snacks and educational offerings. I submit to you that there are some bright kids in our school systems who get their homework done on school time and who should not be forced, in their after school time in the latch-key program, to have further educational offerings and time for homework. I think that that's a mistake, and I think that this Bill is unwisely 30 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 drafted for those reasons. And I would urge people to vote 'no'."

Speaker Matijevich

"The Gentleman from Cook, Representative Kulas."

Kulas

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

Speaker Matijevich

"Representative Kulas has moved the previous question. The question... Oh, alright. Well, so is his on. Alright. Alright. Representative Terzich. Well, I'm calling... Nobody's going to tell me who I have to call now. I withdrew that Motion. Representative Terzich. You're not going to tell me who I call, anybody."

Terzich

"Yes, Representative Breslin, am I correct in reading this Conference Committee Report that this would be an extension of a school day that they could, such as like in a day care center where they would continue schooling either before or after the regular school hours?"

Breslin

"Yes, Representative. It is a completely permissive program, and it addresses the problem cf latch-key children in the State of Illinois. Latch-key children are children of parents who go to work before the children go to school in the morning; and, as a consequence, the children let them... get themselves dressed and let themselves out of the house in the morning, and they wear their key around their necks. That's why it's called latch-key. They let themselves out of the House in the morning, and they let themselves in again in the evening and spend a number of hours alone, both in the morning and the evening waiting for the parents to finish with work. There... It is a significant and growing problem in the United States, because there are so many more working mothers in the United States. It has been the policy of the Commission on the Status of Women and of a House Resolution passed last year, that school districts in this state should 31 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 investigate the use of school buildings for programs to address the needs of latch-key children and of children in need of day care. This legislation allows, under the powers of school districts in the statute, to establish what are called latch-key programs. It is not to be an extra cost. It specifically says that the parents are to be charged for these services, and they must provide transportation for their children if they are going to participate in the program. It is up to the school districts as to whether or not they want to ... to get into this kind of business."

Terzich

"So, the... whatever the additional cost for the babysitting or whatever you want to call it would have to be paid by the parents, but I assume that the liability for the.. the care of these children would still fall back to the school districts. And I assume that there isn't any hours or any maximum as to the number of children or the amount of hours that they would be retained after the regular school day."

Breslin

"The ... The program only affects children from kindergarten through grade six. And the legislation requires that the present requirements for day care provisos be fulfilled. In other words, they should have adequate supervision, and they should provide... they should meet all of the other requirements of the Child Care Act. You should know that the... that the legislation is intended to encourage school districts to get... to get involved in the latch-key programs, not as babysitting services, but as to provide a... an easy method for these kinds of students to continue their... their educational pursuits. Many... Many teachers have testified that latch-key children, living alone, are... while they are alone, are succeptible to more and more dangers and that... 32 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 and they have greater anxieties and that, eventually, there is an impact on their educational opportunities, because they are latch-key children. If they... If the school districts get involved in this, it is hoped that it will have an advantageous educational impact on the children."

Terzich

"Thank you."

Speaker Matijevich

"Representative Hoffman. Gene Hoffman."

Hoffman

"Thank you very much, Mr. Speaker, and I apologize to you for my somewhat intemperate reaction."

Speaker Matijevich

"That's alright. We've been getting along real well, Gene. Proceed."

Hoffman

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I was one of the Conferees who chose not to sign this Report. I would point out to you that school districts can do this right now. They can set up after school programs. In fact, some of them, where needed, have some fine school programs. But they decide what that program is going to be, and they decide who is going to administer the program, and they decide who is going to be in charge and coordinate the individual programs. This Bill requires that you have a certified teacher, both as a chief administrator and as a coordinator of any individual programs that you have or a person who meets the requirement under the Child Day Care Act. Ladies and Gentlemen, we are dealing with after school and before school programs. You know, after you're in Springfield awhile, you... you get to the point, or some of us get to the point, where we think the people at home don't know anything; that they don't know how to run their own schools, they don't know how to run their own cities. Only those of us who have been annointed to be Members of the General Assembly have the wisdom and the knowledge to share with them and to give them direction. The fact of 33 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 the matter is, that when I came to the Legislature 17 years ago we had three statute books that had everything in them, the index, the whole magilla. What do we have now? Five. And are we any better off? The answer is probably no. The fact of the matter is, and with all due respect to the fine Sponsor and the intent of this Bill, this we do not need. People can run their own schools. They can make their own decisions, particularly when it comes to this kind of a program, and we don't need to give them direction. They can do this now. All this does is to say, if you do do this, you have to have a certified teacher in place. Ladies and Gentlemen, I believe that's wrong, and I rise in opposition to this legislation."

Speaker Matijevich

"Representative Kulas, for what purpose are you now seeking... And he's waving his arms, as everybody can see."

Kulas

"Mr. Speak... Mr. Speaker, on a point of order."

Speaker Matijevich

"Yes, proceed."

Kulas

"I made a Motion to move the previous question. All these Bills have been debated before. We've listened to these arguments. Everyone knows how they're going to vote. Now, we've got over 200 Conference Committees to work on; and, if we're going to be repeating ourselves, we'll be here all night. Now, I'm renewing my Motion to move the previous question."

Speaker Matijevich

"Well, your point is well taken, but everybody wanted to listen to this Bill. So, we're going to keep going. Representative Marzuki."

Marzuki

"Very quickly, I would have to agree with Representative Kulas. However, I think this Bill is designed to encourage school districts to go into this kind of program, because it does eliminate the liability that they've been worried about. It does not force anybody to go into business. It 34 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 does not interfere with programs that are already in. It does not even interfere with school districts that want to take the liability and the risk of having unqualified people in there. It's been demonstrated over and over again that education that is continuous is good education. The business of stopping education at a certain period holds no evidence of good that I know of. I would urge a 'yes' vote on this. I think it's been well discussed. It passed out of here before. It should pass out again."

Speaker Matijevich

"I think we're ready for Representative Kulas. The Gentleman from Cook, Representative Kulas."

Kulas

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

Speaker Matijevich

"Gentleman has moved the previous question. All those in ... The question is, 'Shall the main question be put?' Those in favor say 'aye', opposed 'nay', and the main question is put. The Lady from LaSalle, Representative Breslin, to close."

Breslin

"Thank you, Mr. Speaker, Ladies and Gentlemen. I, too, have to agree a little bit with Representative Kulas. When this Bill passed out of the House the first time, there are... there were 104 people voting 'aye' and no one voting 'no'. And the... the changes made by the Senate have not been significant whatsoever. I would note, with regard to one of the previous speakers, that some have said this legislation is not necessary. It is true that some school districts have been operating latch-key programs and doing so very successfully. However, they are not authorized to do so under the School Code. The general rule of law is that units of local government only have those powers and duties that are specifically set out by ... by law, and that is not specifically in the powers Section of this legislation. In addition, I would correct one previous speaker. This legislation does not require that a 35 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 certified teacher administer the program. Indeed, all it says is that it must be a ... somebody who is a certified teacher or a person who is certified under the Child Care Act. That means they would have the same basic requirements for running any day care program in this state. The... The minimum requirement, I believe, for that, is that a person have two years of college. I don't think that that is a lot. We want to be sure that the program is run by qualified people, and I just think that's fairly basic. We shouldn't have any restrictions that are less than presently required for day care provisions. Please remember that under current statistics, five and a half million children in the United States are latch-key children. One-third of all elementary children fall into this category. It is very evident from the latch-key programs that exist in school districts that there is a great need. The one in Evanston that is presently operated has 80 children enrolled. It is as many as they can handle, and they have 320 children on their waiting list. That shows the need. That shows the desire of parents to have these kinds of programs. Again, it is permissive and not mandatory. I request acceptance of this Conference Committee Report."

Speaker Matijevich

Speaker Matijevich: "Representative Breslin has moved that the House do adopt the First Conference Committee Report on House Bill 1178. This is final action and takes Three-Fifths Majority. Those in favor signify by voting 'aye', opposed by voting 'no'. Representative Helen Satterthwaite, a minute to explain her vote."

Satterthwaite

"Mr. Speaker and Members of the House, one thing that was not discussed in looking at the language of this Conference Committee Report is that although it puts in statute the permissiveness of operating a program, it does 36 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 it in two different ways. And so we will again be creating two different systems, one for the City of Chicago, and one for downstate schools. I don't understand when we are purporting to put something into the statutes to give us a consistent program, that we purposely put it in with two different sets of language. And that is what we have here. For downstate school districts there will be the requirement, should the school district decide to go this route, that the programs have to include time for homework, physical exercise and the other things..."

Speaker Matijevich

"The Lady will bring her remarks to a close."

Satterthwaite

"... That language is not included in the Section applying to Chicago schools."

Speaker Matijevich

"Representative Dwight Friedrich, one minute to explain his vote."

Friedrich

"Mr. Speaker and Members of the House, we keep moving further and further into the area where we think that parents and that local people have no rights and no responsibility at all. Government has all authority. We'll tell you what to do about everything, how to raise your kids, where to put them after school and before school. Believe me, the com... I'm not suggesting in any way that this is a Communist Bill, but I'd say this is what goes on in the Communist countries. The Communists says that government has the responsibility of raising the children. I guess I'm just old fashioned. I happen to think that the parents have the responsibility, and that the communities have the responsibility."

Speaker Matijevich

"Gentleman bring his remarks... Representative Ted Leverenz, one minute to explain his vote."

Leverenz

"In explanation of my vote, I would ask the Speaker use the timer." 37 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"Representative Karpiel, one minute to explain her vote. Representative Karpiel, your light is on. No, no, it's 'present'. Is that it?"

Karpiel

"Yes, thank you, Mr. Speaker. Well, I had wanted to bring up the same point that was brought up by Representative Satterthwaite, about the double kind of a program. I just think that if it's so great that we have to provide additional educational programs and exercise and snacks and all these types of things in downstate districts, then why don't they have to provide those in Chicago? Are the children in Chicago any less in need of nutritional snacks, educational programs and exercise than are the children in downstate? I think that if you are going to have this program, it should be the same around the state. I'm not against the program. As a matter of fact, I initiated one when I was township supervisor, and we funded it partially with federal revenue sharing."

Speaker Matijevich

"The Lady will bring her remarks to a close."

Karpiel

"I also want to mention that, if you will notice, Senator Joyce Holmberg, who is an expert in pre-school education, did not sign the Conference Committee."

Speaker Matijevich

"Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 60 'ayes', 54 'nays', and 2 voting 'present', and the Motion fails... On the matter of the First Conference Committee, the House has not adopted... Does the Lady request a Second? The Lady from LaSalle, Representative Breslin, requests a Second Conference Committee on House Bill 1178. House Bill 1180... 1789, Representative Stuffle, the Gentleman from Vermilion."

Stuffle

"Mr. Speaker and Members of the House, the Conference Committee Report on House Bill 1789 incorporates the underlying Bill that was originally in the Bill, along with 38 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 the Senate Amendment providing in the University Retirement System for a six month notice to the employer for those people who wish to use the early retirement option in that system. Additionally, the Bill provides for a one-shot, one-time incremental increase to annuitants in the State Employees', State University and Teachers' Systems, and to survivors in those systems. That part of the Conference Report is in line with language of House Bill 338 as amended by Representative Neff on the Republican side, that was never heard here on Third Reading. I would be glad to answer questions and ask for an affirmative Roll Call on the Conference Committee Report."

Speaker Matijevich

"Representative Stuffle has moved that the House do adopt the First Conference Committee Report on House Bill 1789. The Gentleman from DeWitt, Representative Vinson."

Vinson

"Yes, Mr. Speaker, Ladies and Gentlemen of the House. I rise in opposition to the Conference Committee Report and the Gentleman's Motion in reference thereto. House Bill 1789 probably involves more spending than any substantive Bill that you'll see on your desks today. The actuarial liability, which goes unfunded, but which is incurred by the systems as a result of 1789, is one hundred and seventy-five million dollars. The new... first year costs are in the range of twenty-one million dollars. Now we did yesterday adopt a revenue program. The Senate did as well. But that revenue program still requires very substantial cuts, as Mr. Stuffle knows, and as he said in the course of his arguments on the Bill. We cannot afford anything like this, and if you enact legislation of this nature at this time, what you are also going to have to do is, even after that tax program, make very substantial cuts in mental health or in aid to elementary and secondary education, or 39 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 in higher education. And for those reasons, I would strongly urge a 'no' vote on House Bill 1789."

Speaker Matijevich

Speaker Matijevich: "There being no further discussion, Representative Stuffle... Oh, Representative Terzich."

Terzich

"Yes, Representative Stuffle, haven't we addressed this problem of one time shots for the survivors a number of Sessions before? This isn't the first time that this type of a request has been made for the survivors, is it?"

Stuffle

"We addressed it two years ago, Representative, and the benefits derived therein have been eaten up, without doubt, by increased costs in medicine, hospitalization and so forth, which are risen dramatically, even with a fairly low level of inflation this year."

Terzich

"Does this also adjust the hospitalization cost that was originally... I think at one time we set up at..."

Stuffle

"No."

Terzich

"Well, what... what has this got to do with hospitalization?"

Stuffle

"Well, if you'd listened to what I said, I said that the cost for those type of things, medicine and so forth, has gone up dramatically in the last two years, so offsetting the benefits of that one shot minimal increase that Representative Neff and I passed two years ago."

Terzich

"You're saying hospitalization has... cost has offset the increased benefits that we gave the survivors a couple years ago?"

Stuffle

"I'm saying these people that benefited from that one shot increase are those who most often are paying for dramatic costs of medicine and hospitalization because of their advanced age. The advantage of that one shot benefit was very minimal, and it's been eaten up to the extent that in most cases that those people who were covered have incurred increased costs. The advantage to this, the way 40 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 it's written, is to most dramatically affect the lowest income and the oldest of people."

Terzich

"Well, I believe this provision was addressed by the Pension Laws Commission that did not favor that. This segment of people has received adjustments over the years well in excess of the rate of inflation, and at the same time, this is a substantial increase in the cost to the Pension System."

Speaker Matijevich

"Representative Neff."

Neff

"Thank you, Mr. Speaker and Ladies and Gentlemen. I'm speaking in support of Conference Committee Report #1. My Leader over here, which I have the greatest respect for, and generally follow him, I think he should read the Bill a little bit closer because I think he'd have a little different conception of it. This Bill is going to help the people that have been neglected for many years, these retirees. And the small amount that we are giving them, they're certainly entitled to, and I would hope we could get 'aye' votes from all the Members of the House. Thank you."

Speaker Matijevich

"Representative McGann."

McGann

"Thank you, Mr. Speaker and Members of the Assembly. Just want to make one comment so we can move along. One of the previous speakers mentioned that they... these people involved in this program had received a substantial increases. Their increase approximately two years ago was twenty-five dollars per month. If that's substantial in today's world, I think we should look at ourselves. I urge an 'aye' vote for this House Bill 1789."

Speaker Matijevich

"Representative Hawkinson. Representative Stuffle to close."

Stuffle

"Mr. Speaker, Members of the House..."

Speaker Matijevich

"Oh, I'm sorry. Your light has not been on 41 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 until this moment. Representative Cowlishaw."

Cowlishaw

"I'm sorry, Sir. I believed it was on for some time. Thank you very much. Mr. Speaker, will the Sponsor yield for a question, please?"

Speaker Matijevich

"Proceed."

Cowlishaw

"Thank you. Since you are the Sponsor of this Bill, I hope you can answer her question. I... This is a 31 page Report which I have not had time to read entirely. Can you please tell me, as this now stands, precisely what the total cost of this proposal is?"

Stuffle

"Twenty-one million dollars."

Cowlishaw

"Twenty-one million dollars. Alright. I just have one other question. How did you vote on the increase in the income tax?"

Stuffle

"I voted 'no' because the allocation... the allocation, the same way you did. The allocation of the budget takes retirement down to sixty percent, and you sit and laugh at the old people because you don't give a damn about them, and you took their pension money away so you can in turn say you don't give them any benefits. And that is what this is all about."

Speaker Matijevich

"Representative Stuffle to close."

Stuffle

"Well, I think the whole point is just that. I may have been intemperate on that remark, but it seems to me the point is this: You tell the old people in this state they can't have anything because you cut their retirement benefit payout level to a low level. That is why I voted 'no' last night in part. You take away their money, and then you say to them, 'Despite your needs, you can't have any help. You can't have an increased benefit because we've taken that money away from you.' I heard Representative Terzich read from the Pension Laws Report, and if you heard him read what he said, he said these 42 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 people have had cost benefit increases that greatly outstripped the cost of living hikes that they've faced. You and I know that's not true. You and I know the old people of this state, and we're talking here about helping the oldest, the least income people the most. You know that's not true. We all know that's not true. We don't like this situation, but I resent people who get up here and suggest we can't give these elderly people anything, despite the cost, simply because we cut their payout. You're telling them they can't have anything because you have already taken something away from them. That's a compound fracture where I look at it. I think that's ridiculous. I think this ought to go out of here on a bi-partisan Roll Call. Representative Neff spoke for it. Representative Woodyard supports it. Republicans and Democrats alike support it, and we ought not to be playing games with the elderly people in this state simply by saying you can't have something because we took something else away from you."

Speaker Matijevich

"Representative Stuffle has moved that we adopt the Conference Committee Report #1 on House Bill 1789. This is final action and takes three-fifths vote. Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted? Have all... Representative Ropp, one minute to explain his vote."

Ropp

"Yeah, thank you, Mr. Speaker, Members of the House. I know the Session is getting a little bit long and tempers are a little bit tight, but I do think that what Representative Stuffle said is part in true that these people who have contributed their dues throughout their lives, and now are in their older years, do need some help. I also think that we ought to shoulder that responsibility when it comes to the time to provide the dollars to do 43 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 that. A lot of people haven't been doing that. They are voting green. I did, and I'm proud to stand up for those people who deserve it."

Speaker Matijevich

"Representative Woodyard, one minute to explain his vote."

Woodyard

"Thank you... Thank you, Mr. Speaker. To explain my vote, I certainly rise in support of this particular Bill, the underlying Bill of 338 that was introduced several months ago. Couple of months back, I cast a very hard vote for me, in which I went along with our side of the aisle to defer that seventy-five million dollar payment into the pension systems, and I did it for a particular reason. Dr. Mandeville indicated that the pension systems had made so much money that really they didn't need that last seventy-five million dollars. Since I am a very ardent supporter of Dr. Mandeville, I'm going along with what he told us at that time. I think we can afford this, this slight increase in the pension systems, and I urge you to vote 'aye'."

Speaker Matijevich

"Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 79 'ayes', and 35 'nays', and 2 voting 'present', and the House does concur with the First Conference Committee Report on House Bill 1789. And this Bill, having received the... Representative Cowlishaw, for what purpose do you rise? For what purpose do you rise?"

Cowlishaw

"To inform you that my speak button does not work."

Speaker Matijevich

"I thought you did a pretty good job. Have all... and this Bill, having received a Constitutional Three-Fifths Majority, is hereby declared passed. I would ask everybody... I'd appreciate all the cooperation of everybody. If we take a half hour on each Conference Committee, I think there's about three hundred Conference 44 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Committee Reports, and so you might just figure out, if we took a half hour on each, how long that would take. And in past Sessions we have limited and excluded, for example, explanation of votes in the last week. We're not doing that. We want everybody a chance to say their word. And all I'm asking for, Representative Ewing, is cooperation. I'm not going to cut anybody off. All I'm asking for is cooperation. Representative Ewing."

Ewing

"Yes. Well, Mr. Speaker, you are extremely fair, and I wouldn't want you to think I got up to say that you were going to cut anybody off. My question was just a little different, and since Mr. LaPaille is up there with you, I was wondering if possibly there would be some time when we could just count on just dumping all of these and going home. I mean, if we could just talk all we want, and then maybe some of them will just die."

Speaker Matijevich

"When we... when we come to that, we'll let you know if any of your Bills are on that list."

Ewing

"I... I probably wouldn't be as anxious for that to happen if I had many in there."

Speaker Matijevich

"We thought that might be the case. House Bill 1835, Representative Terzich. The Gentleman from Cook, Representative Terzich."

Terzich

"Yes, Mr. Speaker. House Bill 1839 (sic - 1835) amends the Public Aid Code. The Conference Committee adds a provision requested by the County Nursing Home Association. It adds a definition of a person unable to purchase care and maintenance to exclude anyone receiving Medicaid, and I would move we concur with Conference Committee #1 on House Bill 1835."

Speaker Matijevich

"Representative Terzich has moved that the House do adopt the First Conference Committee Report on House Bill 1835. On that, the Gentleman from Cook, 45 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Representative Doug Huff."

Huff

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

Speaker Matijevich

"Proceed. He does."

Huff

"Well, Representative Terzich, I know in this Amendment, it specifies specifically Medicaid patients, but does this also involve the General Assistance category, too?"

Speaker Matijevich

"Representative Terzich."

Terzich

"I... As long as it's defined under the Act, I don't believe it would."

Huff

"Alright, thank you."

Speaker Matijevich

Speaker Matijevich: "There being no further discussion, Representative Terzich has moved that the House do adopt the First Conference Committee Report on House Bill 1835. Those in favor will signify by voting 'aye', those opposed by voting 'no'. This is final action and takes three-fifths vote. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 92 'ayes', 24 'nays', and the House does adopt the First... Representative Shaw. Virginia Frederick."

Frederick

"Mr. Speaker, I was called off the floor of the House, and I voted 'aye' and I meant to vote 'no'. May I change my vote?"

Speaker Matijevich

Speaker Matijevich: "Leave for Virginia to change her vote. Leave. Representative Shaw is 'aye' on this. Representative Shaw wants to speak. Proceed, Representative Shaw. Panayotovich 'aye'. Denote an 'aye' for Panayotovich. Proceed, Representative Shaw."

Shaw

"Yes, Ladies... Mr. Speaker and Ladies and Gentlemen of the House, I don't know whether you all have read the Amendment, but this affects Cook County Hospital up there in the City of Chicago, and what it does... what that Amendment does, it would give... preferential treatment not to primarily the sick, but if you come in there with... and 46 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 are able to pay, you would be... they would leave the person that's probably have a green card sitting in the hall and take the person that are able to pay with the ready cash. And I don't think that's right, and it particularly affects Cook County Hospital up there in Chicago. And I think that what you should do here, and I'm urging you to..."

Speaker Matijevich

"Bring his remarks to a close."

Shaw

"... vote 'no' on this Bill. And I'm voting 'no'."

Speaker Matijevich

"Representative LeFlore, one minute to explain his vote."

LeFlore

"Could you... Mr. Speaker, could you change my vote from 'aye' to 'no'?"

Speaker Matijevich

"Was that... There's a lot of changes. We're going to have... dump this Roll Call. We're going to have a new Roll Call on this. There are many recognizing for changes both ways. Representative... Those in favor will signify by voting 'aye', those opposed by voting 'no'. Now, we have gone through enough explanations, I believe, but Carol Braun, since you are a leader, proceed. Are you trying to explain your vote?"

Braun

"Mr. Speaker, I had wanted to ask a question of the Sponsor, whether or not the passage of this Bill would mean that poor people would... that people who were poor would not... would be put in a position where they might get just put out of the nursing homes or alternatively, that a preference would be given to people who were private pay patients in nursing homes?"

Speaker Matijevich

"Representative Terzich."

Terzich

"Carol, come on. You know better than that. There is nothing in this Bill that says it would be excluded. It's... It really doesn't affect them at all, and you know I wouldn't do such a thing." 47 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th legislative Day July 1, 1983

Braun

"Well, I... that's why..."

Speaker Matijevich

"Carol, this is explanation of vote and we are going a little too far. You know, he didn't even have to respond so... Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 86 'ayes', 25 'nays', 1 answering 'present', and the House does concur... you have that right. Just a minute. On this, the Gentleman has asked for a verification. Representative Terzich asks for a Poll of the Absentees. There are fifteen over the number, Representative. Representative Brookins, you know there are fifteen over the amount required, and I don't like to usually go through this process if... unless it looks like the Members aren't here. If you'll look around, you'll see a real full house here. Representative Steczo, for what purpose..."

Steczo

"Mr. Speaker, leave... Could I have my 'no' vote recorded as 'aye', please?"

Speaker Matijevich

"'No' to 'aye' for Steczo."

Steczo

"Now it's sixteen."

Speaker Matijevich

"Leave. Representative Currie 'no'. Do you persist in your request for a verification?"

Brookins

"Yes, the answer is yes."

Speaker Matijevich

"Alright, Flinn... Representative Flinn asks to be changed from 'no' to 'aye'. Oh, Representative Flinn."

Flinn

"I know I'm not supposed to explain why I'm changing, but the reason I'm changing, I'm opposed to the Conference Committee Report, but I'm also even more opposed to delay of the House. And I'd like to change for 'aye' in spite of the fact I'd like to see the thing fail. Let's hope that the Senate can have the wisdom to kill the Conference Committee Report."

Speaker Matijevich

"Flinn 'no' to 'aye'. Slape 'no' to 'aye'." 48 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Yes, Representative Jesse White. Jesse White."

White

"Mr. Speaker, I thought that this was a harmful Bill, but I have been able to read the small print, and I'd like to be changed from 'no' to 'aye'."

Speaker Matijevich

Speaker Matijevich: "'No' to 'aye' for Jesse White. Representative Brookins, for what purpose do you rise?"

Brookins

"I withdraw my Motion."

Speaker Matijevich

Speaker Matijevich: "Alright, the leave... the request... 'aye' for Brunsvold. Request for verification is withdrawn. Would the Clerk give me the count, please? 90 'aye', 21 voting 'no', and the House does adopt the First Conference Committee Report on House Bill 1835. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House Bill 1955, Representative Penny Pullen. The Lady from Cook, Representative Pullen."

Pullen

"Mr. Speaker, Ladies and Gentlemen of the House, as this Bill passed the House, it repeals the Air Carriers Act. That still occurs. When it went to the Senate, the Senate put on an Amendment with extensive regulations of ultralight vehicles. We nonconcurred in that Amendment, and the Conference Committee Report before you now would repeal the Air Carriers Act, and it would define ultralight vehicles in order to keep them from being included in the definition of aircraft automatically, which would put them under full regulation of the state. It requires registration of them with the state for a ten dollar fee simply for the record keeping and make some provisions concerning their safety. This is necessary at this time, because there is no recognition in the law of these new flying machines, and there can be safety problems for people who are not skilled operating these, if we do not take this action. I urge adoption of the Conference Committee Report." 49 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"Representative Pullen has moved the adoption of the First Conference Committee Report on House Bill 1955. There being no discussion, those in favor signify by voting... oh, Representative Dunn. The Gentleman from Macon, Representative Dunn." Dunn, J.: "Will the Sponsor yield for a question?"

Speaker Matijevich

"She will. Proceed." Dunn, J.: "My analysis indicates that in the rewrite of this Bill, you provide for registration of ultralight vehicles, but no regulation of either the vehicle or an operator. Is that correct?"

Pullen

"Basically, yes. It does have some provisions concerning safety." Dunn, J.: "What, are these balloons? Is that... what are these?"

Pullen

"No, it's not balloons. It's these new... it's motorized hang gliders, as my seatmate says." Dunn, J.: "Okay, yeah, I... I've seen them around. I know what you are talking about then. The... Thank you. Mr. Speaker, Ladies and Gentlemen of the House..."

Speaker Matijevich

"Proceed." Dunn, J.: "... I suppose the intention of this Bill is well-meaning, but what we are saying here is that we are going to require the taxpayers of this state to pay the expense and the burden of regulating... creating the bureaucracy to require registration of motorized hang gliders, but we are not going to do anything with regard to the regulation of the vehicles to determine what the safety requirements are, nor are we going to insist upon any qualifications with regard to the operators. About all we are going to know here, after we have created the bureaucracy and... and charged money to fund it, is where these motorized hang gliders are, and who is operating them. And I don't think that's a necessary thing for the 50 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 State of Illinois to be getting into at this time when we are looking at sunsetting everything else. I don't think we should get into sunrise for motorized hang gliders."

Speaker Matijevich

"Representative Hicks."

Hicks

"Yes, Mr. Speaker. Could the Sponsor yield, please, for a question?"

Speaker Matijevich

"Yes, proceed."

Hicks

"The way I understand this, what this basically is going to do is, we are going to set up here in the state, and we are going to have all hang gliders, motorized hang gliders registered with the state. Is that correct?"

Speaker Matijevich

"Representative Pullen. Pullen, we've been trying to turn her mike on."

Pullen

"Thank you. Yes."

Speaker Matijevich

"Representative Hicks."

Hicks

"Do you know if currently the FAA registers any ultralights?"

Pullen

"No, they don't."

Hicks

"Do you feel like it's important that the State of Illinois get into the business of registering ultralights whenever the FAA does not see fit to do so?"

Pullen

"Let me tell you, Sir, that I had problems, too, with the idea of regulating them, because I don't believe in the state running around discouraging people from doing their own thing. However, from the standpoint of registration, for which we would be charging a reasonable fee of ten dollars, so it is not the state's taxpayers paying for it, it will provide an opportunity for people to know where these things are, not necessarily so they can go use them, but if your barn is run into by one, you might want to be able to find the owner."

Hicks

"Mr. Speaker, to the Bill."

Speaker Matijevich

"Proceed." 51 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Hicks

"Having been someone who has physically flown ultralights for several years, having been someone who's been very interested in the industry since its conception, I feel like this is a terrible thing for the State of Illinois to be doing. We have no business in the... we have no business whatsoever getting into the business of registering hang gliders or ultralights or anything of the sort. If an industry does not require a pilot to have any type of a license, you don't have to have a license to fly these things, what do we need to do to register these things? There is no reason whatsoever for the state to form a bureaucracy, another means by which to try to collect money in this state in that fashion, because there's not enough of them in the state to do us any good to even pay for what we are having set up. As a licensed pilot, as one who is registered with the State of Illinois, who has an aircraft registered with the State of Illinois, I find this deplorable, and I'd ask for a negative vote."

Speaker Matijevich

"Representative Hastert. Gentleman from Kendall, Representative Hastert."

Hastert

"Mr. Speaker, Ladies and Gentlemen of the House, I wasn't going to speak on this until I heard the last speaker. These things in the State of Illinois are becoming an absolute nuisance. They are in people's backyards. They are in neighborhoods that were once quiet and peaceful. They not only should be regulated, but people who fly these things ought to be licensed. They ought to be grounded unless there's qualified people... controlling these things. They ought to be under the same registrations as airplanes and any other flying vehicles. And I wholeheartedly support this issue."

Speaker Matijevich

"Representative Pullen to close."

Pullen

"Thank you, Mr. Speaker." 52 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"Proceed."

Pullen

"This Bill is designed to protect the public while not discouraging a very fine recreation industry. I think that it is proper that I bring this Conference Committee Report before you. It certainly fits in with my philosophy of the least state regulation possible, but still the concerns of the public interest in the narrow concern of the public interest. I believe that we should adopt this Conference Committee Report, and by the way, if we don't, ultralight vehicles will, by virtue of not being excluded, be falling under the definition of aircraft in state regulation, and they'll have to have licensed pilots and the whole bit. So I think that this Conference Committee Report will actually not discourage this fine recreation industry at all, but will provide support for the public interest in the most minimal kind of state involvement. I urge adoption of Conference Committee Report #1."

Speaker Matijevich

"Representative... Representative Pullen has moved that the House do adopt the Conference Committee Report #1 on House Bill 1955. This requires three-fifths vote, and it's final action. Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 50 'ayes', 52 'nays', and 2 answering 'present'; and the Motion fails. The House does not adopt the First Conference Committee, and do you request a Second? Representative Pullen requests a Second Conference Committee on House Bill 1955. House Bill 1978, Representative Davis. Out of the record. House Bill 2058, Hensel. Representative Vinson, for what purpose do you rise?"

Vinson

"Mr. Speaker, I rise to make a Motion that the House 53 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 concur in Conference Committee Report #1 on House Bill 2058. The Conference Committee Report, in connection with this Bill, is a very important issue and a critical matter. It is absolutely essential for it to have any hope of ever getting out of here this summer. Does two things in essence. Number one, it places a cap for inpatient hospital services provided to general assistance recipients of five hundred dollars per admission. Number two, it eliminates..."

Speaker Matijevich

"Wait a minute. What... what Bill are you on?"

Vinson

"2058."

Speaker Matijevich

"Oh, okay, alright, because I thought you were taking 1958, because I called Hensel, and then you got up on the Motion. Oh, I didn't hear you yield. Alright. Proceed, now. Alright. I was very confused. Thank you. Proceed."

Vinson

"Number two, it eliminates the nursing home rate updates currently mandated in the statutes for July 1, 1983 and January 1, 1984. And it establishes July 1st of each year beginning in 1984 as the date for updating nursing home reimbursement rates. These changes will save 68 million dollars in Fiscal Year 1984 and are absolutely essential if there is any hope of reaching the compromise budget level for the Department of Public Aid. Without this substantive piece of legislative, there is no way in which the budget can be balanced even after yesterday. And I might add that without these, there is no way we're going home. So, I would move for adoption of the Conference Committee Report #1 on House Bill 2058."

Speaker Matijevich

"Representative Vinson... Vinson has moved that the House do adopt the Conference Committee Report on House Bill 2058. The Gentleman from Cook, Representative 54 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Levin."

Levin

"Mr. Speaker, would the Gentleman yield?"

Speaker Matijevich

"Proceed. He will."

Levin

"Okay. Representative, I think in describing this Conference Committee Report, you indicated it would authorize a 500 dollar per stay ceiling for medical services to general assistance recipients. Is this something new in the statute? It's my understanding that this has been the policy of the Department. Are you telling us, now, that there is no authority in the statute for what the Department has been doing?"

Vinson

"Representative, the Department has, in fact, been doing that. But they've only been doing that pursuant to the authority of the Emergency Budget Act with... which this House passed earlier in this year. That authority has expired as of yesterday, and as of today, there is no authority to do this."

Levin

"Mr. Speaker, to the Bill."

Speaker Matijevich

"Proceed."

Levin

"I urge..."

Speaker Matijevich

"Proceed."

Levin

"...a 'no' vote on House Bill 2058. I think this is a very, very bad Bill. And it's a very arbitrary Bill, because what we're hearing is that if you're an AMI recipient, there's not going to be any ceiling, but if you're a GA recipient, there is. I think this is a bad Bill. I think it's unfair to the general assistance recipients. I think it's also unfair to the nursing homes, and I urge a 'no' vote."

Speaker Matijevich

"Representative Panayotovich."

Panayotovich

"Yes, will the Sponsor yield?"

Speaker Matijevich

"He indicates he will. Proceed."

Panayotovich

"Representative Vinson, have you been in the 55 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 hospital lately?"

Vinson

"Not for about two years."

Panayotovich

"Do you know what it costs per day in the hospital?"

Vinson

"Depends on the hospital."

Panayotovich

"In general, any hospital, average hospital?"

Vinson

"Those rates range from 200 to 700 dollars across the state, depending on the hospital, depending on whether it's a teaching hospital, community hospital and so forth."

Panayotovich

"Per day?"

Vinson

"Yeah, that's what we're talking about the cap applying to."

Panayotovich

"We're talking about a 500 dollar per admission, not per day, aren't we on this Bill?"

Vinson

"Yes."

Panayotovich

"So we're talking about if a patient has to go in the hospital for four days, we're talking a possibility, by your figures, 800 to 2,800 dollars. Am I correct? From a 200 to 700 dollar difference, you said."

Vinson

"Yes, that would be correct."

Panayotovich

"And we're only going to give this poor person who can't afford it only 500 dollars to cover this Bill?"

Vinson

"That is correct."

Panayotovich

"Thank you. To the Bill."

Speaker Matijevich

"Proceed."

Panayotovich

"I think just the questions and answers would answer the fact that we have people that have needs, and it's sad to say again that we have to have these programs in line that we can take care of our people that are less fortunate. And I just hope that everybody gives a 'no' vote on this Conference Committee Report."

Speaker Matijevich

"The Majority Leader, Jim McPike."

McPike

"Thank you, Mr. Speaker. Ladies and Gentlemen of the 56 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 House, I rise in support of this Conference Committee Report. Everyone on the floor last night was faced with one of the toughest votes that any politician ever has, and that is to raise taxes. We did so. We did so last night, and we raised about a billion dollars. When we did that, we had decided where we were going to spend the money and where we weren't going to spend the money. What we had decided was that this state was going to live within its means. When we made those tough decisions as to how much money we were going to give to education, and to mental health, and to public aid, we now have to live with those... those decisions. Yesterday, yesterday, there was no assistance for public aid recipients. Yesterday, there was no MANG program. Yesterday, there was no increase for providers and today there is. Unfortunately, we cannot give everything. This is about the only thing that we have denied to public aid recipients. If we could give them everything we wanted, the tax package last night would have been 1.6 billion. But it wasn't, and now today, we have to live with that decision. I don't think anyone wants to, but those are the cruel facts of life. That today we have a budget that has to be balanced, and this Bill has to pass in order to balance that budget. If you want to put the State of Illinois back into red ink again, then vote 'yes' on this. But if you are true to your vote last night and true to your convictions that we have to live within our means, and that everyone in this state must sacrifice some so that all can have a little, then the only vote you can cast on this is an... is an 'aye' vote to make sure... to make sure that we don't again break this state."

Speaker Matijevich

"Representative Berrios."

Berrios

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

Speaker Matijevich

"The Gentleman has moved the previous 57 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 question. The question is, 'Shall the main question be put?' Those in favor say 'aye', opposed 'nay'. The main question is put. Representative Vinson to close."

Vinson

"Mr. Speaker, Ladies and Gentlemen of the Session, after the votes yesterday, this is the single most important vote you're going to cast. This vote is not an easy vote, but this vote is an absolutely realistic vote and an absolutely essential vote. One of the Gentleman from Cook asked about the level at 500 dollars per stay, and that is a difficult level for anyone to live with. But, Mr. Speaker, what we do for a family of four currently on public aid is 368 dollars a month. That's pretty difficult to live on, too. That's what... that's the level that they're getting, and that is the situation that will be made worse if you vote 'no' on this Bill. The only way in which you can maintain the cash assistance levels, the income assistance levels for the poor who depend on public aid in this state is, if you vote 'yes' on this Bill. Because if you vote 'no' and if you want to come back in with more money for the hospitals and more money for the nursing homes, then you're going to put yourself in the position where you got to take it away from cash assistance. Now, if you want to do that, you can do that, but that's the situation you're in. On the other hand, for the Members who are concerned about this on this side of the aisle, I would simply ask you to look at the results of what we've done. We have looked at a tax program. We have passed a tax program which has sought to impose taxes at the lowest possible level for this state. We have sought to cut budgets to the bone. We have tried to hold down cost. Now, if you choose to vote 'no' on this program because you want more money for the hospitals, because you want more money for the nursing homes, then you gotta be prepared to come back in with a 58 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 bigger tax increase. I don't think your constituents want that. I don't think they want to pay more taxes than that program yesterday. Most of them didn't want to pay what was required in that program yesterday, but in order to balance the budget, it was necessary. I believe this is a critical and most essential vote, and I would strongly urge an 'aye' vote. And I will absolutely assure you that a 'no' vote on this Bill, the failure of this Bill to prevail will bring us in here throughout the month of July and probably into the month of August, because this is a critical line item in the budget. I would urge an 'aye' vote on the Conference Committee Report on 2058."

Speaker Matijevich

"Representative Vinson has moved that the House do adopt the first Conference Committee Report on House Bill 2058. This is final passage and requires three-fifths vote. Have all voted... Those in favor will signify by voting 'aye', those opposed by voting 'no'. Representative Jesse White, one minute to explain his vote."

White

"Mr. Speaker and Ladies... Mr. Speaker and Ladies and Gentlemen of the House, I served on the Conference Committee, and I would think it's only fitting and proper that I spend just a moment to explain to you what the 500 dollar cap will do. If a person is admitted to a hospital, the hospital will provide up to 500 dollars of service to that person, and then the hospital then is required to eat the rest. I think that if this Bill is allowed to pass, Cook County Hospital will suffer greatly because the people will then go to that hospital for service. And if you want to see a hospital die a fast death, pass this Bill. I urge you to vote 'no'."

Speaker Matijevich

"Representative Younge, one minute to explain her vote. Representative Younge, Wyvetter Younge." 59 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Younge

"That's alright."

Speaker Matijevich

"Have all voted... have all voted? Jaffe, Representative Jaffe, one minute to explain his vote."

Jaffe

"No, I don't want to explain my vote, Mr. Speaker. I just want to say, in the event that it got enough votes, I wanted to verify it."

Speaker Matijevich

"Have all voted who wish? The Clerk will take the record. On this question, there are 63 'ayes', 42 'nays', 9 voting 'present'. Sam Wolf 'aye'. 64 'ayes' and the Motion fails. Do you want a Second Conference on this one? I know you do. Representative Vinson requests a Second Conference. Representative O'Connell, for what purpose do you rise?"

O'Connell

"Change my 'no' to an 'aye'."

Speaker Matijevich

"'No' to 'aye'. Still short. Winchester 'aye'. Well, we've already declared it lost, so we better... we've already declared it lost and the request for a Second, so there's nothing the Chair can do about that. Just take care of it on the Second, I guess. Senate Bill 219. Is Representative Oblinger here? Representative Oblinger here? Out of the record. Oh, you want to ... Proceed. Alright, Representative Oblinger. On Senate Bill 219, the Lady from Sangamon."

Oblinger

"Mr. Speaker and Member of the House, this Bill came out of Conference Committee, and I do recommend that we adopt it almost the way it went in except for one change. It leaves the clustered precincts. It exempts Chicago, and it delineates how many judges from any one political party. What was added was a problem, and I'm getting almost paranoid about saying this, that's in DuPage County. And they want to have the rule set in here how people on the Board of Elections are to be chosen in that county. I would recommend that we adopt this. I'll try to answer 60 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 questions."

Speaker Matijevich

"Representative Oblinger has moved that the House do adopt the First Conference Committee Report on Senate Bill 219. There being no discussion, all in favor will signify by voting 'aye', opposed by voting 'no'. This is final action and requires Three-Fifths Majority. Have all voted? Yes. Have all voted who wish? The Clerk will take the record. On this question, there are 86 'ayes', 9 'nays', 8 answering 'present'. The House does adopt the First Conference Committee Report on Senate Bill 219, and this Bill; having received the Constitutional Three-Fifths Majority, is hereby declared passed. Senate Bill 244, Barger. Gentleman from DuPage, Representative Barger."

Barger

"Thank you, Mr. Speaker. This is the Bill that would allow poll watchers from one county to watch in polls in the other county in a community that extended over the border and included areas in the two counties. This was totally acceptable to the... or largely acceptable to the House and to the Senate, with one proviso. It seems that there are eleven DuPage County voters within the city limits of the City of Chicago. Now, the Senate from Chicago objected very strongly to these eleven DuPage voters being allowed to watch the polls in their small community of three million because they were worried about protecting the purity of their election process. Therefore, an Amendment was made to this that excludes the City of Chicago from these considerations. So, I ask your support in adopting the Conference Committee recommendations. Thank you."

Speaker Matijevich

"Representative Barger has moved for the adoption of the First Conference Committee on Senate Bill 244. The Gentleman from Cook, Representative Jaffe."

Jaffe

"Yeah, I just have one question. I'm told repeatedly by 61 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 your side that election laws have to be uniform under the Constitution. How can you exclude the City of Chicago?"

Barger

"In the State of Illinois, the City of Chicago can get any exclusions that they want, and they do it under all circumstances."

Barger

"Well, so basically..."

Barger

"You also are excluded... you don't have elected precinct committeemen like the rest of the state, so there are exclusions for Chicago."

Jaffe

"Well, I don't think that that is true in the Election Law, and I think what we may be doing is passing an unconstitutional Bill."

Speaker Matijevich

"The Gentleman from Adams, Representative Mays. Representative Mays has his light on. The Gentleman from Macon, Representative Dunn."

Dunn

"First of all, Mr. Speaker, has this Conference Committee Report been distributed?"

Speaker Matijevich

"They all have on the regular Calendar."

Dunn

"Alright, I don't have it. A question. According to the analysis I have, I can't tell whether poll watchers can come from any place into a precinct to be a poll watcher, or whether they have to live within certain boundaries. What is... what does the Bill do in that regard?"

Barger

"The original Bill said that they must reside within the municipality, and they could go from one county to the other because there are candidates in many areas where the city laps over county lines. And this would allow a candidate to send his people into the other county if he wanted to, while staying within the confines of his city."

Dunn

"What is the present law? Does... poll watcher can come from Missouri and be a poll watcher in Illinois, can he not?"

Barger

"That's what I thought, up until the time that the 62 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Election Commission in DuPage County said that this was not illuminated properly, and that there was a possiblity of guestion on it. It's only to clarify a potential question."

Dunn

"Well, by clarifying, aren't you saying that the... that in a municipal primary and municipal general election, poll watchers can... can they come from DuPage County into Macon County or... or not? And those counties do not overlap."

Barger

"As I understand it, that they could not."

Dunn

"Okay, thank you very much. Mr. Speaker and Ladies and Gentlemen of the House, to the Bill. I think that the people back home want openness in election, and all of us in here have been candidates at one time or another and know what problems poll watchers can cause those of us who are tense about election results, but nevertheless, I think if someone wants to be a poll watcher, they ought to be entitled to be a poll watcher, and I don't think we ought to have restrictions and limitations and geographical residence requirements. And I would urge the defeat of this Conference Committee Report."

Speaker Matijevich

"Representative Karpiel."

Karpiel

"Thank you, Mr. Speaker. This Amendment was my Amendment that I had put on this Bill in the House, and it went out of there. The reason for this Amendment is that there are several municipalities and small villages, but they lie on the boundary. They fall into two counties, either DuPage and Cook, or in some cases DuPage and Kane, or DuPage and Will. There are other municipalities in this state that have the same problem. All this Amendment does, is to allow a poll watcher who resides in a municipality, that during a municipal election, they can be a poll watcher in any precinct in the municipality, no matter what county it is. The way it's worked now, if you live in Cook 63 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 County, for instance, you cannot get poll watcher certificates from DuPage and vice versa. This would simply allow poll watchers in a municipality to poll watch in any precinct in that municipality, as long as that poll watcher is a resident of the municipality, regardless of what county they... you know, the precinct is in. I don't see anything wrong with this very minor Amendment, and I would urge an 'aye' vote."

Speaker Matijevich

"Gentleman from Winnebago, Representative Giorgi."

Giorgi

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

Speaker Matijevich

"Proceed."

Giorgi

"Does this have to do with the Committee that appoints vacancies or fills vacancies?"

Barger

"That's also included, but there was no objection in the Senate to that. This change was made at the request of Senator Degnan and Senator Joyce, who served on this Committee and both signed on it."

Giorgi

"Okay, but I want to get back on that the Committee that... that replaces the vacancies. In DuPage County, would this mean that there's eight represented from DuPage County, there would be eight people elected from each one of those districts with the county chairman to fill vacancies? Is that what you are doing with the law itself?"

Barger

"The original base Section of this law to which the Amendments were added, said that in a district where there is a replacement for death or something of that nature, or a requirement for a replacement, that the Chairman of the County Board and two committeepersons who live within the district would be the ones who would choose it... choose the replacement. The reason for this is that in the district that I am in, I was chosen for my office by three 64 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 people, none of whom lived in the district."

Speaker Matijevich

"Representative Taylor."

Taylor

"Thank you, Mr. Speaker and Members of the House. I served on the Conference Committee that adopted this Conference Report, and I support it because of the fact that it was dealing with one particular area, although there are some forty areas around the City of Chicago that could be affected by this legislation, but there are eleven people in the area around O'Hare Airport that would have a right to be able to move into the city and work in our precinct and our polling places as poll watchers throughout the City of Chicago. And for that reason, when those overlapping precincts... in those districts and over the county line, we thought that it would be better if they work in their own county. Therefore, I support this and urge the House to support it."

Speaker Matijevich

"Representative Wojcik."

Wojcik

"Yes, Mr. Speaker and Members of the House, I would like to rise in support of this Motion, due to the fact that the classic case that Representative Earger is speaking to, and Representative Karpiel is... refers to a trustee in the Village of Roselle, who is in my district. She lives in the County of Cook, but she could not go and poll watch in DuPage County so she was disenfranchised. I think this is a good Bill. I don't think it's going to hurt anybody, but it certainly is going to help the people in their districts so that they can go and watch their own elections."

Speaker Matijevich

"Representative Earger to close."

Barger

"I think we have discussed it thoroughly, and I thank Mr. Taylor for his support, and I ask your support and you concurrence."

Speaker Matijevich

"Representative Barger has moved that the House do adopt the First Conference Committee Report on 65 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Senate Bill 244. Those in favor signify by voting 'aye', opposed vote 'no'. This is final action and requires three-fifths vote. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 99 'ayes', 3 'nays', 4 voting 'present', and the House does adopt the First Conference Committee Report on Senate Bill 244. This Bill, having received the Constitutional Majority, is hereby declared passed. Constitutional Three-Fifths Majority, is hereby declared passed. Senate Bill 313, Slape. The Gentleman from Bond County, Representative Mike Slape."

Slape

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would move that the House would accept the First Conference Committee Report to Senate Bill 313. If the House and the Senate both accept this, well then, the Bill as passed would be the same way... the Bill would be the same shape as it was when Senate Bill 313 left the House the first time with the addition of Representative Cullerton's Amendment, which ends all statutory jury duty exemptions in the State of Illinois. The original part of Senate Bill 313 changed jurors... coroner's inquest jurors pay from a... on a per day basis to a inquest basis. I'd ask that the House does concur."

Speaker Matijevich

"Representative Slape moves that the House do adopt the First Conference Committee Report on Senate Bill 313. The Gentleman from Knox, Representative McMaster."

McMaster

"Will the Sponsor yield?"

Speaker Matijevich

"He does. Proceed."

McMaster

"Mike, I'm sorry. I didn't quite hear all of your explanation, but has the Amendment #2, I believe, regarding exemptions from jury duty, been removed? It's on?"

Slape

"Yes, the recommendation in the Conference Committee Report is that the House... or the Senate would concur with 66 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 House Amendments 1 and 2. So we would leave the provision on this Bill that in the State of Illinois we would no longer have any statutory jury duty exemptions for anything."

McMaster

"Does that mean then, Mike, that you and I are subject to be called for jury duty?"

Slape

"Right, and I... that's correct, and I... and I think that probably the defendant would be glad to see both of us."

McMaster

"Well, you know, Mike, I wouldn't mind being a defendant when you were the juror. I would appreciate that. I question, though, whether we should not include some exemptions. It is of concern to me that we are not exempting anyone. I think in many cases... okay, should attorneys be included as... for jury duty?"

Slape

"Well, if I was the defendant and I would... I think I'd probably use my exemptions to get them off."

McMaster

"I didn't get your answer."

Slape

"Well, the problem right now that we have, Tom, is that we have exempted so many people from jury duty that it's... that we're just... what we are going to end up with pretty soon if we keep with the jury exemption, is we are going to end up with only senior citizens or people who... who don't really have anything else to do, so they go to jury duty. And most of the people are being able to be exempt if they have legitimate cause, plus if you add into that the statutory exemptions that we have allowed, you would see that the Constitutional mandate that a person of this state have a jury trial by his peers is almost being taken away from him by legislative action and jury exemptions."

McMaster

"Well, I guess I have no more. Did I sign that report, Mike?"

Slape

"I don't have the report right here, but..."

Speaker Matijevich

"Representative Cullerton." 67 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Cullerton

"Yes, if I could answer the Representative..."

McMaster

"I don't believe I did sign it. Thank you, Mr. Speaker."

Cullerton

"Representative McMaster, this is the Bill that I came and talked to you about, and you said you wouldn't speak against it, and when I... and if anybody asked why you didn't sign it, you told me to tell them I just couldn't find you. Remember that?"

McMaster

"Well, I guess I don't. What night was that? About midnight last night?"

Cullerton

"No, it was late yesterday afternoon, and I explained this issue to you and you said, well, I just won't sign it and if anybody asks you, just tell them that you couldn't find me, but I won't speak against it."

McMaster

"I'm sorry, John, but you must have caught me when I was in the middle of a nap."

Cullerton

"No, I'll be happy to once again explain this. The House continually passes this idea and the Senate is slowly coming around to it. What we are talking about here is, you have to distinguish between exemption and excuses. Now, right now there is a whole system that... of checks and balances so that lawyers get preemptory challenges so that they can knock people off a jury for no reason at all, and we also have the jury commissioners, who decide... who excuse people for valid reasons, you see? What we are saying is... and that... that system will continue. So, of course, if Governor Thompson gets subpoenaed to be on a jury, he would, if he wanted to, ask for an excuse, and, of course, he would be excused..."

McMaster

"Let's put him on the jury, John."

Cullerton

"What's that?"

McMaster

"Let's put him on the jury."

Cullerton

"Well, he might want to serve. As a matter of fact, 68 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 in California, Governor Brown did serve on a jury. But, you see, the point is, we..."

McMaster

"Is he still Governor?"

Cullerton

"No, he lost, but that was for other reasons. It was for supporting a tax increase. But, you see, the point is that..."

McMaster

"I voted 'no', John."

Cullerton

"Right, I know. The point is that when... what's happened is that lobbyists have come down here, and as a reward for their constituencies, have said you don't... you're not even eligible at all. We have about... almost a hundred thousand people in the state who are exempt. They can't be called even if they want to, just by virtue of their occupation. And some of them are really absurd. The National Guard, a guy who's in the..."

McMaster

"You're talking too long, John. I believe you."

Speaker Matijevich

"Alright, Representative Hawkinson."

Hawkinson

"Thank you, Mr. Speaker. I rise in support of the Amendment, but because the underlying Bill will increase the coroner... the cost to the coroners of our counties at a time when our local governments can't afford any increased costs, I must reluctantly vote against the Bill."

Speaker Matijevich

"Representative Slape has moved that the House do adopt the First Conference Committee Report on Senate Bill 313. Those in favor will signify by voting 'aye', those opposed voting 'no'. This takes three-fifths vote, and it is final passage. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 70 'ayes' and 38 'nays', and the Gentleman asks for a Roll of the Absentees. Rhem 'aye'. Rhem 'aye'. On this question, there are 71 'ayes', 38 'nays', and the First Conference Committee Report on Senate Bill 313 is adopted; and this Bill, having 69 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 received the Constitutional Three-Fifths Majority, is hereby declared passed. Senate Bill 437, Topinka. The Lady from Cook, Representative Topinka. Oh, one moment. Jesse White, for what purpose are you seeking recognition?"

White

"Mr. Speaker and Ladies and Gentlemen of the House, I very seldom ask for any time of the House to speak out on an issue; but, I was reading the Sun-Times newspaper this morning, and I was a little upset and astounded by what I had read. The author of the column is Basil Talbott, and he and I attended the same high school. And we were classmates. But he misquoted me in the article in today's Sun-Times where he states that my vote on the income tax and my vote on the property tax was encased in cement on the side of Vrdolyak. I had not spoken with Mr. Vrdolyak. I had not spoken with the Mayor of the City of Chicago. My vote was encased in cement on the side of the people and the children of the State of Illinois and the City of Chicago. So, I would like to get a retraction from Mr. Talbott to indicate that I voted for the property tax for the children of the City of Chicago, and I voted on the side of the people in regard to the income tax. And at no point in time am I ever to be aligned with Alderman Vrdolyak."

Speaker Matijevich

Speaker Matijevich: "Representative... I guess we're on some different Order now, but very quick, Representative Doug Huff. You're seeking recognition."

Huff

"Thank you, Mr. Speaker. I just wanted to echo what Representative White is saying, that this particular reporter has a long history of misquoting black legislators down here, and I just want to be on record as saying that we take violent exception to it, and if it were left up to me, I would never let him enter on the floor of this Assembly." 70 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"Alright, I'll call on one more on this, and then we are going to go on to business. Representative Alexander."

Alexander

"Thank you, Mr. Speaker. There was definitely a drive to split the black coalition by many persons here in this General Assembly leading up to the tax package approval, one of them being the honorable newspaper journalist, Mr. Basil Talbott. He tried to pick us off one by one, but he failed because the vote record will show it. And I am, too, incensed that he would print such an article like that at this time. Thank you."

Speaker Matijevich

"Alright, I would suggest all of you... you know, Ozzie, we can call on some others, but let's get on to business. Best thing to do is talk with him, or when he talks to you, say, 'No Comment.' Representative Judy Topinka."

Topinka

"Yes, Mr. Speaker and Ladies and Gentlemen of the House. To begin with, I would like it known that I am not either allied with Alderman Vrdolyak nor Mayor Washington, and I don't even speak to Basil Talbott, so that's got to make me a fairly decent person coming up with an awfully fine Bill."

Speaker Matijevich

"You're going to get a lot of votes on this Bill. Proceed."

Topinka

"That's good for starters. This is Senate Bill 437. It has gone to Conference Committee. I would like... I would move at this time to confer... to concur with the report of Conference Committee #1 on the Bill that we lovingly call the Parental Responsibility for Teenage Drinkers Bill. I think that in the course of all the people that have been involved in the drafting, writing, rewriting, redrafting, Conference Committees and everybody that has really put in a lot of energy into this Bill, we have taken care of 71 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 everybody's concerns. If anybody would have any specific questions, I'll be happy to address them. If not, I would ask for a favorable Roll Call."

Speaker Matijevich

"Representative Topinka has moved that the House do adopt the First Conference Committee Report on Senate Bill 437. Representative Brummer."

Brummer

"Yes, will... will the Sponsor yield?"

Speaker Matijevich

"She will. Proceed."

Brummer

"First of all, I have all the Conference Committee Reports in order on my desk and I can't seem to find this one. I assume it's been distributed?"

Topinka

"Last night, to my knowledge."

Brummer

"Okay, thank you. What does the Bill do now, in its current shape? You said you had taken care of everyone's concerns. I don't know. You know, you didn't talk to me about that. I don't know if I have any concerns or not."

Topinka

"The Bill right now states that a person would have to knowingly... an elder should know that persons under eighteen are consuming liquor. We removed the word 'might know' or 'could know' so that there would be any conditional type of phrasing in there, and we have more clearly defined the word 'premises', which was of some question to the Senate Judiciary Committee, with the word 'residence'. And there is a rebuttal presumption there that a rented residence is occupied by the tenant, not the owner. We've taken care of the problem for those people who are in college or university towns, that should an underage person be allowed to serve liquor or work in a capacity where liquor was served, that's been removed. So ultimately, it's just a person who knowingly permits the minor to possess or consume alcohol."

Brummer

"Okay, so... well, number one, C1, says, 'The person occupying a residence knows that such person under the age 72 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 is in possession of alcohol.'"

Topinka

"Uh-huh."

Brummer

"It says 'in possession of or consuming". Now, if you knew they were in possession, but not consuming, you would still be guilty under this?"

Topinka

"May I yield to Representative Hawkinson on that, who is my favorite attorney?"

Speaker Matijevich

"Representative Hawkinson, she yields to Hawkinson."

Hawkinson

"Thank you, Mr. Speaker. Representative Brummer, in addition to the requirement of either possessing or consuming, you will note that the clauses are connected by the word 'and' and not 'or'. So there's also the requirement that they leave the premises in an intoxicated condition."

Brummer

"I understand that. The... But if you knew that someone had possession of alcohol and then subsequently left the residence in an intoxicated condition, that person, that parent or guardian, or to whomever this is applicable, would be guilty of a crime under this. Is that right?"

Hawkinson

"If they had also knowingly permitted it, permitted them to gather while in possession of it at the... at the residence."

Brummer

"Okay, let's go through the elements one by one. What are the elements that the state has to prove? That they permitted a gathering, number one, right?"

Hawkinson

"That's correct."

Brummer

"Of two or more persons."

Hawkinson

"That's the same language that's in the Mob Action and all the other..."

Brummer

"Okay, so they just permitted a gathering, number one?"

Hawkinson

"Right."

Brummer

"Number two, that the person knew that at least one 73 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 person under the age of eighteen was either in possession of alcohol or consuming alcohol?"

Hawkinson

"That's correct."

Brummer

"And number three, that the possession of that alcohol is not otherwise permitted by this Act. I suppose that is reference to religious ceremonies or some other such permissive activities."

Hawkinson

"Plus the allowable exemption that's left in of a parent being able to give it to his own child."

Brummer

"Okay. And that person under the age of eighteen leaves the residence in an intoxicated condition."

Hawkinson

"That's true. All three elements must be..."

Brummer

"Okay, now the parent or guardian does not need to know that that person leaves the residence in an intoxicated condition under this?"

Hawkinson

"I would disagree with that."

Brummer

"Okay, where does it say, in three, that the person under the age of eighteen leaves the residence in an intoxicated condition, and that the parent or the custodian of that residence knows that that person under eighteen left in an intoxicated condition? The only reference to 'knowingly' is number one, 'knowingly' permitting a gathering, and number two, knowing that a person is in possession. Now, there is no reference to knowing that the person under the age of eighteen leaves the residence in an intoxicated condition."

Speaker Matijevich

"Representative Topinka."

Topinka

"Representative Brummer, my intent is that 'knowingly' pervades the whole Act."

Brummer

"It... but, you know, what Judges are going to interpret is this language here, and they are not going to listen to the debate or the tapes concerning this unless there is ambiguity. Now, there is no ambiguity concerning this. It 74 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 says 'knowingly permits a gathering', so that means the people weren't trespassers. They were there with some type of permission, and the custodian knew they were there. All they need to... that 'knowingly' clearly only references knowingly permitting the gathering. Number two, knows that such person under the age of eighteen is in possession or consumes alcoholic beverage. So knowing would be applicable with regard to that possession or consumption. Now, with regard to the last element, leaving the residence in an intoxicated condition, there is no knowing element in there whatsoever, and that's quite clear. No one is going to listen to the transcript to interpret that. It is a rudimentary part of the law that you only go to legislative intent when there is ambiguity. There is no ambiguity with regard to that. That is clearly absent, and I would submit that no Judge is going to care one iota what either you say or I say with regard to what we intend concerning that."

Hawkinson

"Mr. Brummer, if that's a question, it's also rudimentary that in a... in any criminal law where there is no mental state that is put forth, that a mental state is implied, and 'knowingly' is clearly a mental state in this statute."

Brummer

"No, it is not implied. That's why Representative Cullerton has repeatedly, through the Session, suggested that we add 'knowingly'. You know, the speed limit laws, for example, don't say 'knowingly'. It is just silent with regard to that. And if you go over the speed limit, you're guilty. It's an absolute offense. This would be a absolute offense with regard to the last portion because the word 'knowingly' is not in there. The... And I'm sure if you reflect on that, as a former State's Attorney, you understand that very clearly. So, what this Bill... Mr. Speaker, briefly, to the Conference Committee Report." 75 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"Proceed. Let's have a little order. I can understand everybody's..."

Topinka

"Mr. Speaker, may I address Representative Brummer, please? Representative Brummer, if this would be your sole problem, I don't have a problem with this..."

Speaker Matijevich

"Wait, he has not... he has not asked you a question. You'll get to talk..."

Topinka

"Alright, well, I would be willing to take it to another Conference Committee and add 'knowingly' and bring it back, is what I'm suggesting."

Brummer

"Well, just briefly to this Conference Committee Report, because this is the one we have before us. What this would mean is that if you knowingly permitted a gathering..."

Speaker Matijevich

"Wait a minute. Representative Topinka, do you want to move 'do not adopt' and request a Second Conference? We can finish this in a hurry if you... Do you want to move 'do not adopt'?"

Topinka

"You know what, the more we talk about this and the more that we kick it around on the floor, the more I just get the feeling that we have amongst our own Members here just people who are so concerned about their own ability to control their kids that it becomes a very personal matter to people. Not necessarily you, Representative Brummer, but this has pervaded just talking with Members as we've moved along. I think the implication is here very clearly that parents ultimately have to have some say so, even though previous votes that we have taken on other... may I finish, please?"

Speaker Matijevich

"Representative Topinka... well, wait. You're debating... you're debating the Bill."

Topinka

"I want to put it to a vote. Let's take it... let's take it up or down. I do want to put it to a vote."

Speaker Matijevich

"Alright, alright then. Representative 76 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Brummer must proceed."

Brummer

"Yes, Mr. Speaker, to the Bill. What this provides is that if a parent knowingly permits a gathering of two or more persons, and knows that any person under the age of eighteen is in possession of alcoholic beverage, and then that person leaves the residence in an intoxicated condition, they are guilty of a crime. Now, what that would really mean is that that... if my eighteen year old son has some friends over to stay overnight and has a gathering, and I see one of those people with one beer, and I think they are going to stay overnight... in fact, I tell them to stay overnight, and they say they are going to stay overnight and aren't going to leave the residence, but unbeknownst to me, totally unbeknownst to me, they leave the residence in an intoxicated condition, and I have never even seen them drink. I have seen them in possession of intoxicated... intoxicating liquor. They are going to stay overnight. Unknowing to me they leave, and leave in an intoxicated condition, and I don't even know they're intoxicated, and I don't even know they are going to leave. In fact, I have been told to the contrary, I'm guilty of a crime. Now, that's crazy. That's a bad law. That's a bad provision. We ought not to adopt this First Conference Committee Report."

Speaker Matijevich

"Representative Kulas."

Kulas

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

Speaker Matijevich

"Representative Kulas has moved the previous question. The question is, 'Shall the main question be put?' Those in favor say 'aye', opposed say 'no'. The main question is put. The Lady to close. Nobody said 'no', and the Lady to close. The Lady to close. I didn't... You weren't even recognized. How could you have. You were not recognized, so there was no previous... 77 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 You couldn't have had a request. The Lady... The Lady to close. Are you going to close or are you going to take the Bill out of the record?"

Topinka

"Yes, I'd like to close. No, no, I'm sorry. I thought you were carrying on a conversation. No, Ladies and Gentlemen of the House, I think this Bill is in the order that I want it in, and I think it directs itself specifically to the problem that we face. Already, more than twenty communities in various parts of the state have gone forth with this type of thing. We've gotten numerous letters from other states asking for models of what we have managed to put together here. It's obviously a cause of concern and people are asking that something be done. I'd ask a favorable Roll Call on this. I think this is where we want it to be."

Speaker Matijevich

"Representative Topinka has moved to adopt the First Conference Committee Report on Senate Bill 437. Those in favor will signify by voting 'aye', those opposed by voting 'no'. There's no effective date. This takes 60 votes, and this is final action. Representative Dunn, one minute to explain his vote." Dunn, J.: "No need to explain the vote."

Speaker Matijevich

"Representative Yourell to explain his vote. Representative Yourell."

Yourell

"Yes, thank you, Mr. Speaker. I'd like to explain my vote. It's totally amazing to me that some of the individuals that have risen... that have taken to the floor to object to this Bill are, for the most part, attorneys. Now, the law in the State of Illinois for drinking is age 21. Now, it make no difference where you are when you consume alcoholic beverages, whether you're in a corner saloon, in your car, in your own home or wherever. The law is 21, and if a parent sees an individual under that age 78 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 drinking, it's his responsibility as a citizen to say, 'No, you cannot do that.' There is nobody in this whole country, nobody that can give anybody else permission to break the law. The law is 21. If you don't like the law, change the law, but the law is 21. Now to suggest that it's alright and parental consent is given to a party and for your own children to drink, that's ridiculous. And any lawyer that stands on this floor and agrues that knows it's wrong. Nobody can give anybody else the permission to break the law in the State of Illinois. The age is 21. It doesn't say in your house, in the tavern, in the street, in the car."

Speaker Matijevich

Speaker Matijevich: "The Gentleman will bring his remarks to a close."

Yourell

"It says 21 all over. I urge a favorable vote on this good Bill."

Speaker Matijevich

Speaker Matijevich: "Representative Topinka, one minute to explain her vote."

Topinka

"Yes, I would like to see more green votes up there because I think ultimately what Representative Yourell brings up is the true question. We're talking about an illegality to begin with. And you know, when the same people who are voting red now, many of them were standing up when we were talking about conditional driving licenses for kids that was going to nail a kid after their first time out, first problem on the road, and drinking was brought up. It's been brought up in every Edgar Bill on drunken driving, the teenager with the high incidence of driving hazards, with the high incidence of fatalities, heavy drinking on the part. It's our most serious problem in schools, and yet, when you can address it, and bring it right back to mom and dad, whom we've been regulating a thousand different ways..." 79 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"Bring your remarks to a close, please. One minute."

Topinka

"We need more votes up there."

Speaker Matijevich

"Representative Bopp, one minute to explain his vote."

Ropp

"Thank you, Mr. Speaker and Members of the House. I think it's very ironic how we continue to press and to pass legislation restricting what we can do with drunk drivers and so forth, and yet, we'll pass every kind of Bill around that will allow us to drink in a public building, or college, a university, a park district or anywhere else, and yet, when we try to really deal with the heart of the core, we're so lax or very concerned about not abiding with the law. Representative Yourell was right. It was 21, and that's the way it ought to be."

Speaker Matijevich

"Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 52 'ayes', 49 'nays', 14 voting 'present', and the Motion fails. Does the Lady want a Second Conference? All right. Representative Topinka requests a Second Conference Committee on Senate Bill 437, and a Second Conference will be appointed. Senate Bill 492, Representative Nash. Representative Nash on Senate Bill 492."

Nash

"Thank you... Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I urge for adoption of Conference Committee Report #1 to Senate Bill 492. What this... the Report does, it extends the reporting date for the Illinois Study Laws Commission and extends the membership on Ethnic Heritage Commission for one more Member from each side of the aisle. It does the same thing for the Study Laws Commission, and it adds two more appointments to the Historical Board for the Governor."

Speaker Matijevich

"Representative Nash has moved that the 80 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Conference... that the House do adopt the First Conference Committee Report on Senate Bill 492. There being no discussion... The House will be at ease for a moment. Sponsor, will you take this out of the record? We'll get back to it in a few minutes. Thank you. House Bill 521, O'Connell. The Gentleman from Cook, Representative O'Connell, on Senate Bill 521. The Gentleman from Cook."

O'Connell

"Thank you, Mr. Speaker, Members of the House. The Conference Report on Senate Bill 521 is basically, in the first part, a technical change. When we passed the Bill from the House, the Amendment that was adopted was incorrectly headed, in that it referred to House Bill 521... Amendment to House Bill 521. It should have read Amendment to Senate Bill 521. That was changed in the Conference Report. In addition, the Medical Society had requested an Amendment that was adopted on the House counterpart, which simply made certain that there was sufficient language in there that gave the physician insulation against charges that... that the purpose of the law was anything other than notification of surgery through abortion. I'd ask for adoption of the Conference Report."

Speaker Matijevich

"Representative O'Connell has moved for the adoption of the First Conference Committee Report on Senate Bill 521. The Gentleman from Macon, Representative Dunn."

Dunn J.

"Will the Sponsor yield for a question?"

Speaker Matijevich

"He indicates he will. Proceed." Dunn, J.: "Recently, there was a Supreme Court decision in the case of Akron vs. Akron Center of Reproductive Health. Is this... And an Amendment was, I believe, adopted on a Bill, perhaps, probably it was this one, supposedly to comply with the standards set down in that case. Is this a refinement of that Amendment?"

O'Connell

"No. There is nothing in the Amendment that was 81 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 adopted in the Conference Report that is a result of the Akron case. A matter of fact, there is nothing in the Bill that is addressing the Akron case since the Akron case did not concern itself with prenotification for abortion. The Akron case addressed informed consent." Dunn, J.: "Do you have the... the Democratic analysis on the Conference Committee Report?"

O'Connell

"Yes." Dunn, J.: "That analysis refers to the Akron case. It says that case held that state or local ordinances providing for parental involvement must create expressly the alternative procedure pertaining to court waivers. And I don't know what the alternative procedure is. Does this Amendment comply with that standard? And... And further, the analysis indicates there's another case which sets down an additional standard, and I just wonder if the Conference Committee Report affirmatively meets the standards of the second case mentioned, which is Planned Parenthood vs. Ashcroft."

O'Connell

"Well, while... while the staff acknowledges in the comments that this Bill... the Supreme Court case, rather, did not address the issues of this Bill, the Senate Bill 521 and the Amendments that were adopted were designed to conform to the... anything from the Akron case addressing the... potentially addressing the issue, as well as the Ashcroft case, which was more on point with this... with this Bill." Dunn, J.: "Can you tell me what the alternative procedure is that's referred to in the analysis?"

O'Connell

"They address the alternative procedure of pertaining to court waivers. In Senate Bill 521, we expressly provide for a waiver of the parental notification in... in... in lieu of notifying a parent. There is a court of competent 82 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 jurisdiction which the child can appear before as an alternative." Dunn, J.: "And does this Bill, as it now stands, still contain the provision that if the parents are divorced only the custodial parent needs to be notified?"

O'Connell

"I believe that's still in." Dunn, J.: "Thank you very much. Mr. Speaker and Ladies and Gentlemen of the House, just again to emphasize, it really doesn't affect, I suppose, the merits of the legislation, but if the parents of the child who seeks an abortion happen to be divorced and they both live in the same community, the... only the custodial parent needs to be notified. We have a lot of legislation that has come before this General Assembly which indicates that noncustodial parents are agressively seeking more and more rights, knowledge, information and custody rights with regard to their children. And I think it's a short... shortcoming of this Amendment not to provide that notice should be given to the noncustodial parent.. Notice should be given to the noncustodial parent where that parent can readily be found. And this... this Amendment makes no distinction about that, even if everybody knows where the noncustodial parent is. There still in no requirement that that person be notified, and I think everybody who is involved with this legislation agrees that the matter is of great importance, whether or not there shall be an abortion. So, I think both parents should be notified, especially when they can both readily be found."

Speaker Matijevich

"Representative Preston."

Preston

"Would the Gentleman yield for a question?"

Speaker Matijevich

"Proceed."

Preston

"Representative O'Connell, if this Conference Committee Report is not adopted, is the State of the Law in Illinois, 83 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 then, that an 11 year old child who finds herself pregnant and is able to raise the funds for an abortion can go into an abortion clinic and receive an abortion?"

O'Connell

"Yes."

Preston

"And under Senate Bill 521, that same thing could happen but there'd have to be notification of the child's parent?"

O'Connell

"That is correct."

Preston

"I see. Thank you."

Speaker Matijevich

"Representative O'Connell to close."

O'Connell

"Thank you, Mr. Speaker, Members of the House. With regard to the Gentleman who preceded the last Gentleman, in addressing the question of both parents, noncustodial and custodial, I respectfully submit that that is an attempt to scuttle the entire issue. We have to be pragmatic. We have maintained the constitutionality of this measure. Indeed, we've been supported in that endeavor by the recent Supreme Court case which clearly affords the constitutionality of this parental notification in the event of an under age child for an abortion. Everything about this Bill is technically correct. Everything about this Bill is constitutionally sound. It also adheres to the existing law as to permission of... of abortions. All we do, is say that if a child is seeking an abortion, a surgery, that that child's parents or parent should be notified. This is not an extreme departure from the law. It only assures the continuity of protecting the... the state's legitimate interest in protecting the rights of the child and the parent. I ask for your favorable adoption."

Speaker Matijevich

"Representative O'Connell has moved that the House do adopt the First Conference Committee Report on Senate Bill 521. Those in favor signify by voting 'aye', those opposed by voting 'no'. This is final action and requires three-fifths vote. Have all voted? Have all 84 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 voted who wish? The Clerk will take the record. On this question, there are 84 'ayes', 25 'nays', 1 answering 'present', and the House does adopt the First Conference Committee Report on Senate Bill 521. And this Bill, having a Constitutional Three-Fifths Majority, is hereby declared passed. Senate Bill 598. Representative Peg Breslin in the Chair."

Speaker Breslin

"Representative Leverenz. Representative Leverenz. Out of the record. Senate Bill 726, Representative Terzich."

Terzich

"Yes, Mr. Speaker, Ladies and Gentlemen of the House, on Senate Bill 726, the Senate disagreed with Amendment #2, and in the Conference Committee, they did concur with the House Amendment 2; however, they did take out a portion of the... took out the nonbid feature by excluding lines three to six on page... or six through ten on page three which was the nonbid procedure. And I would move for adoption of Conference Committee 1 on Senate Bill 726."

Speaker Breslin

"The Gentleman moves for adoption of Conference Committee Report #1 on Senate Bill 726. And on that question, is there any discussion? The Gentleman from DeWitt, Representative Vinson."

Vinson

"Will the Gentleman yield for a question?"

Speaker Breslin

"The Gentleman will yield to a question."

Vinson

"Representative, has the House receded in Amendment #3 at any point in the process?"

Terzich

"No, it has not. The eminent domain is all in there. Everything is in. What it took out is on Amendment #2, it says, 'Not withstanding other provisions in this Section to the contrary, all contracts with entertainers, promoters, talent, all contracts to purchase of advertising,' was taken out of the Amendment. That's all it did."

Vinson

"So... So the status of the Illinois - Michigan Canal 85 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Authority is that that agency will not have any eminent domain authority."

Terzich

"That's correct. Yes."

Vinson

"Thank you."

Speaker Breslin

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

Terzich

"I'd appreciate your support."

Speaker Breslin

"The question is, 'Shall the House adopt Conference Committee Report #1 to Senate Bill 726?' All those in favor vote 'aye', all those opposed vote 'no'. This is final passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill... On this Conference Committee Report, there are 106 voting 'aye', 8 voting 'no' and none voting 'present'. This Conference Committee Report is thereby adopted, having received the necessary Constitutional Majority of... No. It only needed 60 votes. The Gentleman from Cook, Representative Piel, for what reason do you rise?"

Piel

"Thank you, Madam Speaker, I would move that we suspend the Rule 67(b) while the present speaker's in the Chair."

Speaker Breslin

"The Gentleman asks to suspend the rule. Is there any objection? There being no objection, the rule is suspended. The next Bill appearing on Conference Committee Reports appears Senate Bill 923, Representative Oblinger."

Oblinger

"Madam Speaker and Members of the House, originally the law existed that a referendum could be held on the sale of a community building with a petition by fifty voters or more. The Bill that we introduced removed that and said it had to be done by contract through the Board of Managers. This was unacceptable to a number of people. We got together, drafted a compromise that everybody agreed to, and now it retains the fifty elector petition part but only 86 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 if there is a fair market value attached to the property to be sold, which I think is excellent, because the offer before was 10 dollars, and I would urge your adoption of Conference Committee Report #1 to Senate Bill 923."

Speaker Breslin

"The Lady has moved for the adoption of Conference Committee Report #1 to Senate Bill 923. And on that question, is there any discussion? There being no discussion, the question is, 'Shall the House adopt Conference Committee Report #1 to Senate Bill 923?' All those in favor vote 'aye', all those opposed vote 'no'. This is final passage. Mr. Clerk, take the record. On this Bill, there are 112 voting 'aye', none voting 'no', and none voting 'present', and this Conference Committee Report is adopted, having received the necessary Constitutional Majority of 60 votes. On the Order of Conference Committee Reports appears Senate Bill 1030, Representative Hicks or Representative Brummer. Excuse me. Excuse me, Representative. I skipped one Bill here. Senate Bill 972 is the next Bill up. Excuse me. Representative Giorgi or Representative Christensen. Representative Giorgi."

Giorgi

"Madam Speaker, Conference Committee Report 972 originally started out as the Bill to allow individuals over 65 years of age and attending any public institution of higher education would be allowed to attend free, if there were enough people paying for the course and were some empty seats. In the meantime, there was an effort by Senator Rock to put on this Bill the attempt to help some proprietary institutions throughout the length and breath of Illinois so that they could receive scholarship money. But there is no money for the schools at this time. All they're trying to do now is put into law that proprietary schools in the future would receive money from the 87 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Scholarship Commission, if the money was appropriated specifically for that line item. Now, the schools involved are pretty well known, for example, the Reid Institute of Chicago's one of them, Coin Institute of Chicago, the Midstate Business College of Peoria, the school in Quincy, the Jacksonville Business Career Institute in Jacksonville. These schools have short intensive courses that people could qualify for employment by finishing one of these courses. Many times they're only six months long, nine months long. They're not dormitory schools, and what we're trying to do is to allow these schools to become recipients of scholarship funds, although there are no funds today. And I think you're all familiar with the program, and I urge your support."

Speaker Breslin

"The Gentleman moves for the adoption of Conference Committee Report #1 to Senate Bill 972, and on that question, the Lady from Sangamon, Representative Oblinger."

Oblinger

"Madam Speaker, and Members of the House, and Representative Kulas, this has never been discussed in this House before, and it will take a few minutes. We're looking at a program that is suggesting we give scholarships to proprietary for-profit organizations. Number one; we have fifteen thousand students now who qualify for Illinois Scholarship Assistance who are not being able to take... be taken care of, and we're trying to say we're going to go and do it for a proprietary organization. Number two; this did not pass the Senate, but it's now being put in this form, and I want you to listen carefully. It never has been in the House. It did not come before the Higher Ed Committee, and it did not come before this House. We've never discussed it. Number three; already - now listen carefully to this - these 88 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 schools already receive tremendous amounts of money from the Federal and the State Government. For example, the first one, American Academy of Art in Chicago, they re... six... seventy-six thousand dollars in federal grants, a hundred and eleven thousand dollars in state loans, for a total of a hundred and eighty-seven. A couple of them receive over a million dollars in federal and state aid. Finally, yesterday, at our Conference Committee, we were told that these students in six months to one year were ready to go out and get jobs. Most of you got this packet of fifty or more letters. We went over them, and these were from children, who are young people, who want to be secretaries, or stenographers, or typists, and I never saw so many mistakes. If that's the way it's going to be turned out, it's not helping us. They're not doing a good job. Finally, we resented the fact that we didn't even know about this until it was given to us in the Conference Committee, but these children, these young people, knew that it was going to be put on Senate Bill 972 two weeks ago. Their letters were dated June 17th, and I read, 'I was informed that the Bill was attached to Senate Bill 972. Please help pass it.' They knew it two weeks before we knew it. They get money. They're not turning out quality students, and we've got plenty of people who need Illinois scholarships who are not getting it. I don't think we ought to divert four million dollars from that program to a new program. Thank you. I wish you would vote against Conference Committee Report #1 to Senate Bill 972."

Speaker Breslin

"The Lady from Champaign, Representative Satterthwaite."

Satterthwaite

"Mr... Madam Speaker and Members of the House, will the Sponsor yield for a question, please?"

Speaker Breslin

"The Gentleman will yield to a question. 89 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Representative Giorgi, you will yield to a question, won't you? Thank you."

Giorgi

"Yes."

Satterthwaite

"Representative Giorgi, is it true that the language that has been amended into this Bill is substantially the same as the content of Senate Bill 238?"

Giorgi

"I'm told that there's a separate fund, Representative Satterthwaite, but also, I know that you're the executive chief of the two Education Committees, so you probably know more about what's in the Bill than I do."

Satterthwaite

"Well..."

Giorgi

"You know, in other words, your knowledge is more comprehensive than mine, so..."

Satterthwaite

"The... the issue..."

Giorgi

"... treat me kindly."

Satterthwaite

"Let me... let me rephrase the question. The issue of whether or not proprietary... the students at proprietary schools should qualify for grants under the Illinois State Scholarship Commission, that issue was addressed earlier in Senate Bill 238. Was it not?"

Giorgi

"No. I am not familiar with Senate Bill 238, inasmuch as it never came over to the House. You're telling me this language is in Senate Bill 238. I'll take your word for it."

Satterthwaite

"Well, Mr. Speaker... Madam Speaker and Members of the House, the Sponsor seems not to want to have to face the question directly, that the substance of whether or not proprietary school students would qualify for grants through the Illinois State Scholarship Commission or not, was, in fact, addressed in Senate Bill 238. Senate Bill 238, in spite of the fact that it had very prestigious sponsorship in the Senate, failed to receive enough votes in the Senate for passage. Now, at this late date, an 90 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 issue which has failed to receive support in the Senate for passage, has never been heard in a Committee here in the House, has never, previous to this time, been heard on the floor of this House, is being interjected to ask for our support. I feel that it is really is a subversion of the legislative process for us to be having these new issues brought before us without appropriate opportunity for hearing and public input. It is a substantial change in state policy if we adopt this Conference Committee Report to allow these students to come into the system. It may be that they are, in fact, in a good position for having such an extension of the program, but it does not seem to me to be appropriate for us to do it in this manner. We have had suggestions for other changes in the Illinois Scholarship Commission process, and those, we feel, need more extensive hearing. And we'll be doing hearings on the whole issue of grants through the Illinois State Scholarship Commission in the interim period between now and next spring. I would suggest that rather than accept this Conference Committee report, we reject this one. The Second Conference Committee Report is already written on this Bill. We could accept that, get the main point of the Bill out, and have time..."

Speaker Breslin

"Excuse me, Representative, there are people interrupting for recognition. The Gentleman from DeWitt, Representative Vinson, for what reason do you rise?"

Vinson

"Mr. (sic - Madam) Speaker, on a point of order. Currently, in violation of the rules, propaganda in support of this particular piece of legislation is being distributed to Members' desks. That is in violation of the rules, and I would like you to order that halted."

Speaker Breslin

"Mr. Clerk, was that an authorized distribution? Do you know? Representative Vinson, the Chair will... will 91 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 look into this matter and try to resolve it. In the meantime, Ladies and Gentlemen, there are several people seeking recognition. Please try to keep your comments as concise as possible. And the Lady from Champaign is recognized to bring her remarks to a close."

Satterthwaite

"Yes, Madam Speaker and Members of the chamber, my suggestion is that we reject this Conference Committee Report. A second Conference Committee Report deleting the new language from this Bill is already approved and ready to come to our desks should this one be rejected. I urge the rejection of this Conference Committee Report, so that we can allow the issue to be further discussed as we are in this interim period. If this is, in fact, a justified change, we will bring it back to the House for action next year."

Speaker Breslin

"The Lady from DuPage, Representative Nelson."

Nelson

"Thank you very much, Madam Speaker. Very briefly, I also would urge rejection of this Conference Committee Report. The proprietary schools, many of them are for-profit institutions, and I also believe that those people who had the propaganda distributed knew very well what they were doing and knew it was a violation of the rules. And I think that that is a very poor way to act when you want to see legislation passed. I would urge a 'no' vote."

Speaker Breslin

"The Gentleman from Cook, Representative Cullerton."

Cullerton

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I think that we should be fair in talking about the process that this Bill and this issue has had throughout this Session. This Bill was introduced in the Senate. It passed out of a Senate Committee, and it got 28 votes in the Senate. The issue... there were two issues 92 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 debated in the Senate. First of all, whether proprietary schools should get or be eligible for scholarships, should the students be eligible for scholarships at all. And the second issue was, won't this take away money from other schools? Now, in the debate on the Senate, that I was privy to, the first issue wasn't the one that was holding up the Bill. Everyone agreed that it wasn't fair that the proprietary school students were not covered. The second issue was the one that had everybody concerned. And Senator Egan suggested, 'Why don't you set up a separate fund, and then, if it's the will of the Legislature to appropriate money, if we have enough money to appropriate, we can make that decision at a later time." So that's what happened, and that is what is in this Conference Committee. It is a compromise. So the fact that the first Bill failed in the Senate is meaningless, because this is a different Bill altogether. We say, with this Conference Committee, that they are entitled to get a scholarship. We say that they do not take any money away at all from the students who are going to other schools, because it's in a separate fund. So I... I would say once again, I would ask for your support on... on this Conference Committee. It's definitely a fair thing to do. There's a student population of twenty thousand students and thirty-seven schools, and they certainly should not be discriminated against. They should have the right to be eligible for scholarships. If we make that decision at a later date, we can make that decision and fund them. We're not funding them with this Bill."

Speaker Breslin

"Ladies and Gentlemen, in answer to the point of order made earlier in this debate, the Membership should refer to our House Rules, Rule #66. Please note that that rule says that no literature may be distributed on the 93 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 House floor. The literature that was complained of, is marked as being distributed by Representative Giorgi. The Membership should realize that that is done in violation of the House Rules. I realize that not everyone understands this rule, but they should refer to the rules before they make distributions. The Gentleman from Madison, Representative McPike."

McPike

"Madam Speaker, I would appreciate it if you would reprimand Representative Giorgi for this."

Speaker Breslin

"I think Representative Giorgi is too old to be reprimanded. Representative Giorgi?"

Giorgi

"Madam Speaker, Representative Vinson, I am admonished, and don't destroy the papers, because I'll pick them up again, and I'll put out a pornographic piece you might enjoy."

Speaker Breslin

"The Gentleman from DeWitt, Representative Vinson."

Vinson

"Well, Madam Speaker, it doesn't surprise me at all that Representative Giorgi would violate the House Rules. He does that pretty frequently, so I'm not surprised by that. I would urge every Republican and every Democrat of conscience to cast at least a 'present' vote or maybe a 'no' vote on this Bill. That's proper admonition for him."

Speaker Breslin

"To the question before us, the Gentleman from Cook, Representative Ronan."

Ronan

"Thank you, Madam Speaker and Members of the House. I, too, deplore Representative Giorgi's tactics on trying to pass this Bill; however, the Bill is a very good, sound piece of legislation. It addresses two very important issues here before us in the General Assembly. One is a program for senior citizens, which we have to do something about. The second, and much more important, are the students who come from my district, and many of the inner 94 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 city districts in the City of Chicago. There's a fairness doctrine here that we should be paying attention to. Many minority students and students from lower income families attend these schools, these proprietary schools, and get an excellent education. It gives them an opportunity to get into the high technology fields, the automotive fields, places where they can make a living for them and their families. A lot of the young people from my district and other inner city districts don't get an opportunity to attend the universities in this state because of the financial burden that's placed upon the family; however, they do get an excellent education in these schools, and they deserve the opportunity to get scholarships, just like the kids coming from the suburbs and the other places. I urge the Members of the General Assembly to look at this Bill. It's a very fair concept, a very fair doctrine, and it's something that I... I feel Representative Giorgi has brought before us. It's been adequately debated, and I urge everyone to cast an 'aye' vote on this fine measure."

Speaker Breslin

"The Gentleman from Cook, Representative Kulas."

Kulas

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I, too, rise in support of Senate Bill 972. It's long overdue. Not all students can go to college. Not all students are able to afford it. Not all students have the mental capability for it. This type of program would help these students who need to get a job, who go out to the technical, or the secretarial, or the automobile training, business training, all these schools. This is something that's long overdue, and it's something that will give equity to all students in the State of Illinois. And I would urge an 'aye' vote."

Speaker Breslin

"The Gentleman from Cook, Representative Preston." 95 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Preston

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I rise in opposition to this Bill, but not in opposition to the concept presented in this Bill. As one of the previous speakers indicated, nobody denies that trade schools, proprietary schools, if you will, have a right to have their students get some assistance from the state in order to get something other than a college education. I'd be the last person to deny that concept. I think that concept is a good concept; however, I don't know what's in this Bill. Representative Cullerton said that he was privy to the Senate Committee that debated the Bill. Well, all that's well and good, but I've been privy to the House Committee that has held hearings in Springfield, bearings in Chicago, and their normal hearings on every Bill, including this one, that has coming up... has come up. I've listened to those Committee hearings, and, in fact, I made a commitment to people from proprietary schools who attended one of the Committee hearings that we held, a special hearing at Loyola University in Chicago, and I gave them my commitment that we would, indeed, hold hearings so that they could present their views on the issue of whether or not students at proprietary schools should get assistance, what type of assistance they should get, what the form the program should take. I made that commitment, and I intend to stick by it. But I don't know what's in this Conference Committee Report. I haven't had an opportunity to hear the witnesses who might testify in favor of it. I haven't had an opportunity to hear the witnesses who might testify in opposition to it. One of the previous speakers - I believe it was Representative Satterthwaite - indicated that these proprietary schools, being for-profit institutions, if there was assistance to their students, the next day you may turn around and find 96 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 the tuition at these schools has suddenly gone up to accommodate dollar for dollar what the state has given by way of assistance to the students at those schools. I don't know if this Conference Committee Report might have some stop-gap measure against that or not. I do know this, that this is a very important concept that must be deliberated. The wording of the Bill must be looked at carefully, and it must have an opportunity to be heard in Committee where witnesses on both sides can present their... can present their arguments for and against this Bill. Until that is done, this Conference Committee Report should not be favorably reported, and I urge you to vote 'no'. I'm going to vote 'no'."

Speaker Breslin

Speaker Breslin: "The Gentleman from DuPage, Representative Hoffman. Please give him your attention."

Hoffman

"Thank you very mu... thank you very much, Madam Speaker. I, too, for some of the same reasons mentioned by the last Sponsor, rise in opposition to the adoption of the First Conference Committee Report on 972. There's no question but what the proprietary institutions perform a function and a role in this state and many other states; however, I would bring to your attention the fact that we are not doing what we should be doing in support of our public universities and colleges in this state. You remember all of the mail that we received from the universities and people associated with universities, both as parents, and as students, and as employees, encouraging us to support the legislation or similar legislation to the legislation we passed last evening on the revenue enhancement program. Now, we must be honest when we say that this was a modest program, a modest tax increase, when we take a look at the kinds of requests that were made. With that in mind, it seems inappropriate to me, and it ill 97 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 behooves this Body to put in place another program which could tug upon the purse strings of this state. A number of people rose on the floor last night and suggested that the tax increase in the Bill last evening was just enough to get us by, and that we would be back next year at this same time doing the same thing. I don't believe that's the case, but only the economy and time will decide who is right and who is wrong on that issue. And for that reason, Ladies and Gentlemen, I rise in opposition to this Motion because of the uncertainty of the future in terms of the economy and s... and also because we do not adequately support our public institutions with the resources available."

Speaker Breslin

"The Gentleman from Madison, Representative Wolf."

Wolf

"Thank you, Madam Speaker. I move the previous question."

Speaker Breslin

"The Gentleman moves the previous question. The question is, 'Shall the main question be put?' All those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the main question is put. The Gentleman from Winnebago, Representative Giorgi, to close."

Giorgi

"Madam Speaker, these schools now receive federal grants. These schools are accredited to receive the Illinois Guaranteed Student Loan Act. These schools are accredited by their peers or accredited by the State Board of Education. These schools are for students that can't go to a two or a four year college where expenses are prohibitive. In some of these schools you can learn... take a course in six and nine months or twelve months and qualify for employment. Not to allow these schools to be qualified under the Illinois State Scholarship Program with a separate appropriation, there is no appropriation now, 98 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 we're only trying to establish the... the theory or the... the thought. These schools provide a service. All of you are familiar with some of the services they provide, because they're all over the Chicagoland area and downstate Illinois. Rockford Business College was one of them, Peoria Business School, DeVry, Coin, a number... a great number of schools. But anyway, in my opinion, not allowing these schools to qualify for scholarship aid is discriminatory, and I urge your support."

Speaker Breslin

"The question is, 'Shall Conference Committee Report #1 to Senate Bill 972 be adopted?' All those in favor vote 'aye', all those opposed vote 'no'. Have all voted who wish? The Gentleman from Cook, Representative Berrios. One minute to explain your vote."

Berrios

"To explain my vote, there are a lot of children and adults that... from my district who really cannot afford to go to college and continue their education, and by not voting for this Bill, you're shutting the door on all those children who would go to one of these technical schools and continue their education. I have some of these people come into my office and ask me to help assist them in finding some kind of funds in order for them to continue their education. I would hope more people would vote for this legislation. Thank you."

Speaker Breslin

"The Gentleman from Marion, Representative Friedrich."

Friedrich

"Madam Speaker, Members of the House, several years ago I happened to have graduated from a privately owned and operated business college. I... I attribute that to some what little the success I have had. We didn't have a band. We didn't have a prom. We didn't have any... any... all the trimmings. We didn't even have a lunch room, but those of us who were there, were there to learn something. I can 99 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 tell you these schools do a good job with their students, and at a minimum amount of money, and I think they ought to be encouraged and financed."

Speaker Breslin

"The Gentleman from Cook, Representative LeFlore. One minute to explain your vote."

LeFlore

"Madam Chairman, I, too, rise in support of this Bill, because I know of all... a lot of young adults who didn't have a chance to finish high school, have returned to this type school and received their education. Many of these people was on welfare prior, but once they completed the training, they was able to go out and get a decent job, so I would ask for an 'aye' vote on this Bill."

Speaker Breslin

"The Gentleman from Macon, Representative Tate."

Tate

"Mr. (sic - Madam) Speaker, Ladies and Gentlemen of the House, I think there's been some confusion on this legislation. Many people think we're going to take money away from some other universities. This is just substantive legislation. This is legislation that will give many of our young people and many of our unemployed people an opportunity for a future in this state. In many of... our people, and I would remind Members from my side of the aisle that... that we talk about high tech jobs, we talk about retraining programs, we talk about providing and resolving the unemployment problem, and this is a good opportunity to retrain our people, to give them an opportunity for a future and to meet the American dream, and I favor an 'aye' vote. Thank you."

Speaker Breslin

"The Gentleman from Cook, Representative Shaw, to explain your vote."

Shaw

"This... this i... seems as though to me would be a good opportunity for all of the people that talks about ADC and public aid to vote for a program like this where the young people can go to these various trade schools, such as were 100 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 mentioned here today, and retrain themselves, and go out and get a job. And that way we wouldn't be... we wouldn't have to vote for a higher public aid budget next year, or the year after. And I think that those red votes up on that board should be turning green, and I would hope that all of us would think about this program and support it."

Speaker Breslin

"The Gentleman from Cook, Representative McGann, one minute to explain your vote."

McGann

"Thank you... thank you, Madam Speaker and Members of the Assembly. We're missing one point here. I truly support the concept of proprietary school funding, but we're way off our base here. We had a Committee. We were up in Loyola, as Representative Preston stated. They were promised hearings. We didn't get them. The Chairman of the Higher Education, Representative Satterthwaite, has asked... go through the procedures. That's all we're asking. This does not take effect until July 1, 1984. We have got time to go through the proper procedure. Please vote 'no'."

Speaker Breslin

"This Bill requires 60 votes for passage. Mr. Clerk, take the record. Representative Giorgi asks for a poll of the two absentees."

O'Brien

"Poll of the Absentees. Ebbesen and Keane."

Speaker Breslin

"The Gentleman from Cook, Representative Levin, for what reason do you rise? The Gentleman asks leave to change his vote from 'no' to 'aye'. On this question... Representative Alexander, are you seeking recognition? No. Representative Stuffle, for what reason do you rise?"

Stuffle

"Change my vote to 'aye'."

Speaker Breslin

"Change Representative Stuffle's vote from 'no' to 'aye'. Representative Hoffman, for what reason do you rise?"

Hoffman

"I'm going to ask for a verification if it gets over 60 101 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 votes."

Speaker Breslin

"Is everybody recorded as he or she wishes? On this question, there are 60 voting 'aye', and 56 voting 'no'... 55 voting 'no', and 1 voting 'present'. And the Gentleman from DuPage asks for a Poll of the Absentees. Mr. Clerk, please poll the affirmative votes."

O'Brien

"Alexander, Barnes, Berrios, Brookins, Brummer, Bullock, Capparelli, Cullerton, DiPrima, Dmico, Doyle, Farley, Flinn, Dwight Friedrich, Giglio, Giorgi, Greiman, Hannig, Huff, Hutchins, Karpiel, Kirkland, Krska, Kulas, Laurino, LeFlore, Leverenz, Levin, Marzuki, Matijevich, McAuliffe, McMaster, McPike, Mulcahey, Nash, Neff, O'Connell, Panayotovich, Pangle, W. Peterson, Rea, Rhem, Rice, Richmond, Ronan, Saltsman, Shaw, Stuffle, Tate, Taylor, Terzich, Tuerk, Turner, Van Duyne, Vitek, White, Wolf, Younge, Yourell, Mr. Speaker."

Speaker Breslin

"Representative Hoffman, do you have any questions of the Affirmative Roll Call? Representative Kulas, asks leave to be verified. Is that acceptable, Representative Hoffman? Very good. Proceed Representative. Representative Karpiel asks leave to change her 'aye' vote to 'no'. Representative... excuse me, one more. Representative Van Duyne asks leave to be verified. May he have leave? Very good. Proceed, Representative."

Hoffman

"Capparelli."

Speaker Breslin

"Representative Capparelli. Is the Gentleman in the chamber? Representative Capparelli. Is the Gentleman in the chamber? Remove him."

Hoffman

"Representative Bullock."

Speaker Breslin

"Representative Bullock. Is the Gentleman in the chamber? Representative Bullock. Remove him."

Hoffman

"Representative Flinn." 102 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Breslin

"Representative Flinn. Is the Gentleman in his chamber... in his chair? He is not. Remove him."

Hoffman

"Representative McMaster."

Speaker Breslin

"Representative McMaster. Is the Gentleman in his chair? Representative McMaster. Remove him."

Hoffman

"Representative Panayotovich."

Speaker Breslin

"Representative Panayotovich is down here by the well."

Hoffman

"Representative Peterson."

Speaker Breslin

"Representative Peterson. The Gentleman is not in his chair. Remove him."

Hoffman

"Representative Richmond."

Speaker Breslin

"Representative Richmond is in his chair."

Hoffman

"Thank you. Representative Saltsman."

Speaker Breslin

"Representative Saltsman? Is the Gentleman in the chamber? Representative Saltsman. Remove him."

Hoffman

"Representative Terzich."

Speaker Breslin

"Representative Terzich is in his chair."

Hoffman

"Thank you. Representative White."

Speaker Breslin

"Representative White. Representative White. Is the Gentleman in the chamber? Remove him."

Hoffman

"Representative Doyle. How is he recorded?"

Speaker Breslin

"Representative Doyle is recorded as voting 'aye'. Representative Doyle. Is the Gentleman in the chamber? Remove him."

Hoffman

"Representative Leverenz."

Speaker Breslin

"Representative Leverenz. Is the Gentleman in the chamber? Remove him."

Hoffman

"Representative Taylor."

Speaker Breslin

"Representative Taylor. Representative Taylor. Is the Gentleman in the chamber? Remove him."

Hoffman

"Representative Kulas."

Speaker Breslin

"Representative Kulas. Representative Kulas." 103 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Representative Kulas."

Hoffman

"I'm sorry. I gave him leave, and I apologize."

Speaker Breslin

"Very good."

Hoffman

"That's all, Madam Speaker."

Speaker Breslin

"Mr. Clerk, what is the Roll Call? The Gentleman from Cook, Representative Marzuki, for what reason do you rise?"

Marzuki

"Madam Chairman, change me to 'no'."

Speaker Breslin

"Representative Marzuki changes his 'aye' vote to 'no'. Representative White has returned to the floor. Add him to the Roll Call. Representative Taylor has returned to the Roll Call. Add him... returned to the floor, add him to the Roll Call. I don't believe Representative Capparelli was taken off? Was Rep... he was. Add Representative Capparelli to the Roll Call, also. On this question, there are 51 'ayes', 57 'nos', and 1 voting 'present'; and the Conference Committee Report #1 is not adopted. Representative Giorgi?"

Giorgi

"Madam Speaker, after that penetrating verification of Dr. 'Clayball' Hoffman, I ask for another Second Conference Committee."

Speaker Breslin

"The Gentleman asks for a Second Conference Committee. Does the Gentleman have leave? The Gentleman has leave. Appearing on the Order of Conference Committee Reports appears Senate Bill 1030, Representative Brummer."

Brummer

"Yes, thank you, Madam Speaker, Members of the Assembly. The First Conference Committee Report on Senate Bill 1030 adopts the provisions of Senate Bill 1030 as it left this House previously with 108 to nothing vote. All ten Conferees have now signed off. I think it is totally agreeable on both sides. It creates the Small Town Commercial Zone Improvement Act of 1983, implementing the Federal... Federal Community Development Small Cities Block 104 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Grant Fund for cities and towns under 50,000 population, and I move for its adoption."

Speaker Breslin

"The Gentleman moves to adopt Conference Committee Report #1 to Senate Bill 1030. And on that question, is there any discussion? There being no discussion, the question is, 'Shall the House adopt Conference Committee Report #1 to Senate Bill 1030?' All those in favor vote 'aye', all those opposed vote 'no'. This is final passage. This Bill requires 71 votes for adoption. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Report, there are 109 voting 'aye', 1 voting 'no', and none voting 'present'; and the Report is hereby adopted. The Report has received the necessary Three-Fifths Constitutional Majority and is hereby declared passed. Appearing on the Order of Conference Committee Reports appears Senate Bill 1061, Representative Barnes."

Barnes

"Madam Speaker, Ladies and Gentlemen of the House, Senate Bill 1061 is same as the original Bill that passed out of here with 103 votes with House Amendments 4, 5 and 8 included. But House Amendment #7 has been deleted, and substitute language has been added which similarly requires the Department of Public Aid to provide an interim assistance program. The EPA approved the language as it should not affect the current program."

Speaker Breslin

"The Lady moves for the adoption of Conference Committee Report #1 to Senate Bill 1061. And on that question, is there any discussion? There being no discussion, the question is, 'Shall the House adopt Conference Committee Report #1 to Senate Bill 1061?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. This Bill requires a Three-Fifths Majority for passage. Have all voted who wish? Have all voted who 105 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 wish? The Clerk will take the record. On this Bill, there are 105 voting 'aye', none voting 'no', and 2 voting 'present'. This Bill, having received the necessary Three-Fifths Constitutional Majority, is hereby declared passed. Appearing on the Order of Conference Committee Reports appears Senate Bill 1203, Representative LeFlore."

LeFlore

"Madam Speaker, Members of the House, Senate Bill 1203 is a tax forgiven Bill. It has been agreed on both sides of the House that the legal language is okay in the Bill, and I move to adopt the First Conference Committee Report on Senate Bill 1203."

Speaker Breslin

"The Gentleman moves to adopt Conference Committee Report #1 to Senate Bill 1203. And on that question, is there any discussion? The Gentleman from Cook, Representative Levin."

Levin

"Would the Gentleman yield for a question?"

Speaker Breslin

"The Gentleman will yield for a question."

Levin

"Representative, is there anything in this Bill that would change the number of members of the Illinois Commerce Commission?"

LeFlore

"No, it's not."

Levin

"Okay, thank you."

Speaker Breslin

"Is there any further discussion? There being no further discussion, the question is, 'Shall the House adopt Conference Committee Report #1 to Senate Bill 1203?' All those in favor vote 'aye', all those opposed vote 'no'. This Bill requires a Three-Fifths Majority for passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 88 voting 'aye', 21 voting 'no', and 3 voting 'present'. This Bill, having received the necessary Three-Fifths Constitutional Majority, is hereby declared passed. Appearing on the Order of Conference Committee Reports 106 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 appears Senate Bill 1313. Representative Farley."

Farley

"Thank you, Madam Speaker, Members of the Assembly. Senate Bill 1313 is an all inclusive Bill, and if I would have Representative Vinson's attention, I would like to... I would like to take this out of the record at this point, Madam Speaker."

Speaker Breslin

"Excuse me, Representative."

Farley

"May I take this out of the record at this point?"

Speaker Breslin

"Surely. Out of the record. Is there... Is there anyone who wishes to have their Bill called on the Order of Conference Committee Reports that were passed over previously? In that case, the Chair will go to the Order of Speaker's Table on your Supplemental Calendar #1. That's Supplemental Calendar #1 for Friday, July 1st, Conference Committee Reports under the Order of Speaker's Table appears Senate Joint Resolution 61, Representative Matijevich."

Matijevich

"Madam Speaker and Ladies and Gentlemen of the House. Senate Joint Resolution 61 is sponsored by the Senate President Phil Rock and Pate Philip, and it is a Resolution which would create a special Commission which would, in effect, be patterned after the federal commission that studied the excellence in education. It is also offered by the Office of Education. I think in the debate we had yesterday on the floor of the House, there were many comments by Members during that debate that we need to take a very hard look at education in Illinois. And this Commission would be a 20 member Commission, the five from the House, five from the Senate, five public which would be choosen by the Governor and five members of the School Problems Commission appointed by the Chairman of that Commission. I believe that this would be good for education in Illinois, and I know it's important to the 107 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Senate President and the Minority Leader in the Senate. I want to cooperate as much as I can with the Office of Education here in Illinois, so I would move its adoption, Madam Speaker."

Speaker Breslin

"The Gentleman moves for the adoption of Senate Joint Resolution #61. And on that question, the Gentleman from Hardin, Representative Winchester."

Winchester

"Would the Gentleman yield for a question, Madam Speaker?"

Speaker Breslin

"The Gentleman will yield for a question."

Winchester

"This is not one of your... Representative Matijevich, this is not one of your ordinary type of Commissions that we have around the House. This does not have an appropriation Bill anywhere in our legislative process. Is that correct?"

Matijevich

"That's correct. It's going to be staffed by the Office of Education. So what we are doing is..."

Winchester

"This is actually a Legislative Commission in which the staff to be provided for the assistance of the Legislators will come from the State Board of Education. Is that correct?"

Matijevich

"That's correct."

Winchester

"And as far as the funding is concerned, part of that will come from the State Board and some of it will come from the legislative process. Is that correct? The Speaker's..."

Matijevich

"All of the travel will come from the State Board's budget, Representative Winchester."

Winchester

"Okay. Well, to the Bill, Madam Speaker."

Speaker Breslin

"Proceed."

Winchester

"Many legislators, I think it was very eloquently pointed out by Representative Yourell the other night on the tax issue, the problem that we have involving 108 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 education, not only in the whole... not only in the State of Illinois but the whole United States. I think this is the correct and proper way to address that issue, to have a Legislative Commission appointed. The staff... The technical staff which will not require any additional dollars to be appropriated through this Body will... The staff will be provided by the State Board of Education. It's my understanding that this Commission will try to find answers, make recommendations to the General Assembly next year, as to ways we might truly and honestly improve quality education in the State of Illinois. And I would certainly hope that all the Members would support this Resolution."

Speaker Breslin

"The Lady from DuPage, Representative Nelson."

Nelson

"Thank you very much, Madam Speaker. I have a question of the Sponsor."

Speaker Breslin

"The Gentleman will yield to a question."

Nelson

"Thank you. Representative Matijevich, would you just explain to me why you think our elected school boards in this state are not doing their job?"

Matijevich

"I'm not saying they... they aren't, but let me give you one good example why we need this Commission. I just read the Resolution, and remember, Representative Yourell said some people can't even spell? They spelled 'relevant', 'relavant'. Now if that's not evidence that we need such a Commission, I don't know what is. Of course, that was the Senate staff, I'm sure, that made that error. So they don't even know how to spell relevant in this... in this House... Senate Joint Resolution. No... But what I... You know, what I'm really saying, Diana, is that I'm not making any conclusions. I, in no way, try to say that education isn't doing its job, but I think that, in light of all of the really... all of what we hear nationally, 109 STATE OF ILLINOIS 83RD GENEBAL ASSE MBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 that this is becoming a major issue, that people do not believe that education is doing its job. That's why we have to make an inquiry into it, have hearings, and I hope that we conclude that education is doing an effective job. You know, I don't know. I never want to make the judgment until I see everything."

Nelson

"Why are there five members of the School Problems Commission on this Commission?"

Matijevich

"Well, I don't know. I have no idea. I, you know, I offer what comes before me, and I have no problem with that. I... I see a lot of the work of the School Problems Commission, and I have no way that I can say they're not doing a good job."

Nelson

"To the Resolution, Madam Speaker. I'm opposed to the creation of this new Commission to study the failings of our educational system in the State of Illinois. We already have a School Problems Commission that is adequately staffed and that works hard to look at various problems facing the educational community. I believe that they can adequately address this problem. Furthermore, we not only have that Commission already on the books, but we also have elected school boards statewide who are choosen by their peers, elected to make the decisions at the local level, to hire the best adminstrators, who then, in turn, should be hiring the best teachers. It is true that there are problems in some places around the state with our educational system, but we do not need a Commission to determine what those problems are. Those of us that have chosen to serve on the Education Committee down here in Springfield or that have experience in the educational system, have spent much of our lives learning how kids best learn. And it takes good teachers who care about kids, a principal who's there, who's in the classroom, a principal 110 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 who has power to hire the best teachers and to tell them when they are not working up to capacity, school boards who are not afraid to take firm measures if that needs to be doing and a supportive community who will pass the tax increases to pay for those best teachers. I think that it is a poor idea to create another Commission along with the Commissions that we have already created in this Session to study the Kankakee River, and to study family problems and so on and so on. And I would urge Members to vote 'no'."

Speaker Breslin

"The Gentleman from Cook, Representative Huff. Give the Gentleman your attention, please. There are many people still seeking recognition on this Resolution, so please try to keep your comments as concise as possible. Give Representative Huff your attention. Proceed, Representative."

Huff

"Thank you, Madam Chairman. I'm a little confused, and for that reason, I suspect that there's more than meets the eye with regards to this proposal. I'd just like to tell you that a year ago you enacted... adopted my Commission, the Chicago School Study Commission, which went out and diligently looked at the problems of education in Chicago. And to my utter amazement, when I returned with our Commission's findings and recommendations, they were ignored, and more attention was spent on implying that, as Representative Barnes pointed out, there was some gray area with regards to our Commission. I, for the life of me, have not been able to understand that, but the facts speak for themselves. Our recommendations were ignored. Our findings were ignored. For example, Ladies and Gentlemen, we have a Resolution 244 on the Calendar that has been taken out of the record numerous times on the Speaker's Table which... which indicates that we could find an extra billion dollars in the school system. No one seems to 111 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 care. I suspect that all of these innuendos that we've had to suffer over the last few months was to lay the groundwork for this Commission that's coming up now. I... think we should turn this back to the Senate and... and return back the Conference Committee Report on this."

Speaker Breslin

"The Gentleman from Cook, Representative Piel."

Piel

"I move the previous question, Madam Speaker."

Speaker Breslin

"The Gentleman moves the previous question. The question is, 'Shall the main question be put?' All those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the main question is put. The Gentleman from Lake, Representative Matijevich, to close."

Matijevich

"Yes, Madam Speaker and Ladies and Gentlemen of the House, like it or not, and I... you know, the true fact is that Illinois does rank below the national average on the testing of scores on those who graduate from our schools. That's a black mark against education in Illinois. I think that we must do something to reverse this decline in education. I think everybody feels that there is a link between education and the economy. If we are going to stir our economy, we had better do something about providing quality education for all. And I... I believe it would be well worth it for the Office of Education to institute a study like this. I think we can gain from it, and most of all, our children will gain from it. And I urge the adoption of the Resolution."

Speaker Breslin

"The question is, 'Shall the House adopt Senate Joint Resolution #61?' All those in favor vote 'aye', all those opposed vote 'no'. This Resolution requires 60 votes for passage. The Gentleman from Cook, Representative Keane, to explain his vote. One minute."

Keane

"Thank you, Madam Speaker. I support this Resolution." 112 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Illinois needs the same type of study that the National Conference for Excellence did on the United States level. We need it on our local level. There's definitely a need for improvement. We have different areas of the state that have different problems. We should translate the national study into a study for Illinois, and I ask that you approve this."

Speaker Breslin

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Resolution, there are 81 voting 'aye', 31 voting 'no', and none voting 'present'; and Senate Joint Resolution #61 is hereby adopted. Ladies and Gentlemen, on your Supplemental Calendar, the Chair will now go to Conference Committee Reports. This is Supplemental Calendar #1 appears House Bill 345, Representative Mautino."

Mautino

"Thank you, Madam Speaker. House Bill 345 was amended in the Senate. We concurred in Senate Amendment #1, and we recede from Senate Amendment #2. It is further submitted that the number of Commissioners on the Illinois Liquor Control Commissioner... Commission be upgraded and two members added for a total of five members to be appointed by the Governor to the Commission. It was also amended, excuse me, to state that, in effect, in a city of... in municipalities with a population exceeding a million, that notification be given when any individual applies for what is known as a 4:00 license, so that there may be public notice on that question. The third item that was added was the provisions that are currently in law as they pertain to senior institutions. We're doing the same for public community colleges which allows a caterer who has a liquor license and has the catering for special events at the facility, the community college, they be allowed to serve alcoholic beverages under the licensure of that caterer for 113 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 that specific item. That's what the legislation does, and I move for adoption of Conference Committee #1 to House Bill 345."

Speaker Breslin

"The Gentleman has moved to adopt Conference Committee Report #1 to House Bill 345. And on that question, the Gentleman from Champaign, Representative Johnson."

Johnson

"Does the written notices required apply generally, or does it have to be to a specific person?"

Mautino

"Specific person. As I read it, it is the alderman of the ward in which the person's licensed premises is."

Johnson

"I think everybody ought to pay some attention to that. It's a little unique. It's kind of like the Middle Ages when you each have a fiefdom and controlled within that to give specific notice to an alderman a liquor license application seems a little extreme. The other thing is, why do we need to expand the Liquor Commission by two members?"

Mautino

"Mr. Johnson, I believe that it is the request of the Governor that the Liquor Commission be expanded by two more members. If you'd like to have me ask him why, I'd be most happy to do so, or you can call him."

Johnson

"You probably could reach him quicker than I could."

Speaker Breslin

"Are you finished, Representative?"

Johnson

"No. The last question is, how does... how is it that we now allow... what kind of an indirect interest do we allow a local public official to have in the sale, manufacture or distribution of alcohol?"

Mautino

"That was the original intent of the legislation that was brought to me by Representative Ralph Dunn, Representative Homer, Senator Luft and one other individual because of the fact that individuals... the individuals owned the building where a liquor license was in effect and 114 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 that person was elected to the city council. The same provision held for Mr. Homer, whose constituent was a warehouseman for a distributor and was elected to the Pekin City Council. That was the original intent of the Bill, to allow those individuals who were elected, while everyone in their given electorate area knew exactly what their occupation was, and they are now confronted with some court cases because of the 'no' definition on 'indirect'."

Johnson

"Doesn't the authority that's contained in the provision three of the Bill for an alderman, where the specific alderman has to get notice, and if notice isn't given to the alderman, then the license is void? Doesn't that seem to be an almost unprecedented power vested in somebody who's a legislative official? I mean, I've never heard of anything like that."

Mautino

"Well, I believe that, at least it has been presented to me, that there was a lot of concern about extending hours through the licensure process, and it is the intention of that provision that the individual alderman who must respond to the inquiries of the surrounding neighborhoods on the question, be notified. I'm not a lawyer, Representative Johnson, but it seems to me a pretty logical thing to do. And I can't answer..."

Speaker Breslin

"The Lady from Cook, Representative Braun."

Braun

"Thank you. Question of the Sponsor."

Speaker Breslin

"The Gentleman will yield to a question."

Braun

"Representative Mautino, I don't understand why you would even need something like this. It doesn't seem to me to be an integral part of the legislation as originally passed, or of the Conference Committee Report. Why... Why do you have this notification of aldermen only in the City of Chicago? I mean, you're not a Chicagoan, and..."

Mautino

"That provision, as I said, was presented to me so that 115 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 the... I guess, in the City of Chicago, the alderman is the one that has to respond to the constituent inquiries. The 4:00 provisions, I guess, has caused some problems in neighborhood taverns."

Braun

"Representative Mautino, let me suggest to you that this Amendment that was presented to you, I think, has damaged your Bill, because, quite frankly, there is no rationale, or rhyme or reason for requiring people who are business people, requiring them to go through and ask for approval from an alderman who has nothing to do with this area of licensure in... in the City of Chicago. There is no other legislative requirement that the aldermen are involved in the... in the liquor licensure process, other than to be notified, but not to... Pardon? Right. They can pass ordinances to dry up an area, but there is no requirement that a person be notified. I... I just find this particular provision as damaging, if you will, to the rest of your Bill which may have been a good Bill without it."

Speaker Breslin

Speaker Breslin: "Is that a question or a statement, Representative?"

Mautino

"I think it was a statement, and I'll..."

Braun

"... statement."

Speaker Breslin

Speaker Breslin: "Okay. The Gentleman from Cook, Representative McAuliffe."

McAuliffe

"Well, Mr. Speaker and Ladies and Gentlemen of the House, I would rise to strongly support this Bill. I can tell you from experience as a police officer that most of trouble you have in taverns is in the 4:00 taverns, because all of the fellows go to the 2:00 taverns to get drunk, and the ones that don't want to go home, go to the 4:00 taverns, and that's where they get rowdy. I have a 4:00 tavern in my neighborhood, and I wish Alderman Decker would get it closed for me. I think this is a very good idea. 116 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 The aldermen have the pulse of the people in the neighborhood. They know what their pulse of the people is, and if people are going to be complaining to the alderman about a 4:00 tavern, he's going to make sure that it doesn't open up, because he's got to run every four years. And he's the one that's got the closest association with the voters. People come to me, and I'm only the Republican Committeeman in my ward. And they come to me and complain about taverns that are going to open up with 4:00 licenses, and I go over and talk to the alderman, and he almost always helps us to make sure these taverns don't open up. The 4:00 taverns are nothing but trouble, and this is a good way for the aldermen to have some input in whether these taverns should be allowed to operate after 4:00."

Speaker Breslin

"The Gentleman from Cook, Representative Panayotovich."

Panayotovich

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I rise in support of this Conference Committee Report. In my own business, I realize, as the previous speaker spoke, 4:00 taverns and bars, I don't care whether you're in Chicago or Illinois, mean nothing but trouble. You get people that have been out for an evening, and they look for a place to finish up the evening. Usually causes trouble and fights, and what does happen? Who do you always go to in your community? Your leaders. They come to you... They come to you. They come to the leaders in the area. Who else is closer to them in Chicago than their aldermen? Their aldermen are there. They're there through their needs. They have office hours within the community. They can get some direct action if they go to their aldermen. They can get immediate action. They can get the word back downtown through their aldermen, and I think that this is a good Conference Committee Report." 117 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Breslin

"There being no further discussion, the Gentleman from Bureau, Representative Mautino, to close."

Mautino

"Madam Speaker, I have also been informed that this is the existing ordinance in the City of Chicago. I was also informed that all applications as they pertain to zoning and other provisions... changes in existing wards are done in this same fashion. I, for a fact, don't know that, but I have been informed that that is the procedure. This provision that may become controversial in this legislation is one that is already in effect in the municipality involved, and it is codifying the existing provisions in the City. And if that is the case, and I'm assuming that it is, the other provisions have all been agreed to. And I move for affirmative action on Conference Committee Report #1 to House Bill 345."

Speaker Breslin

"The Gentleman moves to adopt Conference Committee Report #1 to House Bill 345. And on that question, all those in favor vote 'aye', all those opposed vote 'no'. This Bill requires a three-fifths vote for passage. The Lady from DuPage, Representative Nelson, to explain her vote."

Nelson

"I think that this is the one vote of the Session that will come back to haunt us. Anyone that's on green should really think long and strong about it, because it gives incredible veto power to aldermen in the City of Chicago. I would recommend red votes."

Speaker Breslin

"The Lady from Cook, Representative Currie, to explain her vote."

Currie

"Thank you, Madam Speaker and Members of the House. If the Sponsor of this legislation is accurate... is right, that is already present practice, then certainly we won't lose anything if we do not codify it in the provisions of House Bill 345. Happily, this is the First Conference 118 STATE OF ILLINOIS 83RD GENEBAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Committee Report on House Bill 345. This legislation, including the provisions that have been most under discussion, that with respect to alcoholic licenses and aldermen in the City of Chicago does not need to be in this Bill. And a Second Conference Committee Report without that particular provision will make no difference to present practice in the City of Chicago, if he is right on that point and will enable him to pass the basic substance of the legislation that was originally in House Bill 345. We should not accept this Conference Committee Report. Send it back to the drawing boards and a Second Conference Committee Report will do him, and will do us and the people of Chicago very nicely."

Speaker Breslin

"The Gentleman from Fulton, Representative Homer."

Homer

"Thank you, Madam Speaker and Ladies and Gentlemen. I would urge the Legislature... this Body to put more green votes up there. The provision, which is receiving the debate at the present time, appears certainly to be an innocuous one. We're simply requiring a notice be given. If the application is for a liquor license during those early morning hours that notice be given fourteen days in advance to the aldermen. Certainly, who could object to the fact that notice is being given? The portion of the Bill, however, to which I wish to speak briefly, is the main portion of the Bill which does have some very dramatic effects for my district. In... in the Village of Pekin, an alderman was elected, it turned out he was an employee of a business...of a beer distributor, and because of that, his job is in jeopardy on the City Council, simply because the present law says an indirect interest of any kind. Certainly, that kind of language is prohibitive. It is inconsistent with, certainly, the kinds of conflicts that 119 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 others would have. And for those small communities in downstate Illinois, that kind of provision prohibits very good business people from serving on City Councils. So I will urge your favorable consideration and more green votes."

Speaker Breslin

"This Bill requires 71 votes for passage. The Gentleman from Cook, Representative Ronan, to explain his vote. One minute."

Ronan

"Thank you, Madam Speaker and Members of the House. Again, I'm amazed, listening to comments from some of the people on the other side of the aisle and their insensitivity to...towards the real situation here in the State of Illinois. The only purpose for a 4:00 license is to see people get their minds completely and totally destroyed through alcohol. People get drunk with 2:00 licenses. They become an absolute menace to the civilized community here in the State of Illinois. It's amazing to see what happens when somebody stumbles out of a bar at 2:00, gets into their car, creates mayhem, creates damage to property, damage to person, and I'm absolutely amazed to hear that people would come out against this. The people who are closest, the elected official closest to the people is your alderman. He's the individual who knows what's going on in the community. He or she are the individuals who know what should be done. And he or she are the individuals who are responsible for what goes on after 2:00 in the morning. Alright, there is enough votes. Thank you very much."

Speaker Breslin

"The Lady from Cook, Representative Alexander, one minute to explain your vote."

Alexander

"Thank you, Madam Chairman. This is a payoff vote for anybody that's voting green. In my neighborhood, if there is a tavern in the area that is causing a disturbance, a 120 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 petition is floated, signed by the residents of that, a given precinct area. It is then taken to the alderman, at which time it becomes a part of a ballot for voting whether that area should go dry. What this Bill is doing is bypassing the will of the people in the majority by giving sole domain power to the alderman to make the decision. It should come from the people of the community and not singularly from the alderman."

Speaker Breslin

"The Gentleman from Cook, Representative Berrios, to explain his vote. One minute."

Berrios

"I resent what the previous speaker just said. It's not a payoff. The aldermen are not all there taking payoffs, they're there to help the people of their community. And if they get notification so they can go out and talk to the people in that area and find out how they feel about a certain tavern, then, they have the right to do that. It's not a payoff."

Speaker Breslin

"The Lady from Cook, for what reason do you rise?"

Alexander

"I rise to correct the previous speaker. I did not say that it was a payoff to the aldermen. I said this is a payoff vote."

Speaker Breslin

"Have all voted who wish? Mr. Clerk, take the record. On this Conference Committee Report, there are 80 voting 'aye', 31 voting 'no' and 5 voting 'present'. This Bill, having received the necessary Three-Fifths Constitutional Majority, is hereby declared passed. On the Supplemental Calendar #1, under Conference Committee Reports, appears House Bill 606, Representative Jaffe."

Jaffe

"Yes, Madam Speaker and Members of the House, I am going to move to adopt the First Conference Committee Report on House Bill 606. What the First Conference Committee Report does is, it accepts Senate Amendments #1, 2, 4, 5, 6 and 7. 121 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 In addition to that, when the Senate was handling this Bill, they had left out a certain age of young people from the 'without force' statute, and we include that in under Section 12-16. In addition there too, we have some conforming language to the Rape Victims Emergency Treatment Act, that I think most important is that we take the effective date and we make the effective date July 1, 1984. In other words, we give one year for this Bill to go into effect. And the reason that we have done so is because, in our discussions with the Bar Association and other groups, we have decided for... to have these groups take a look at this particular Bill to make sure that we have not made any errors. As a matter of fact, the criminal law section of the Bar Association, the President-elect of that particular Committee, has agreed to convene a special Committee to study this law during the next six months, so if any defects do occur, what will happen is that we will come back here next January, change those things a half a year before this Bill would go into effect. I think it's a good Report, and I would move its adoption."

Speaker Breslin

"The Gentleman moves to adopt Conference Committee Report #1 to House Bill 606, and on that question, is there any discussion? There being no discussion, the question is, 'Shall the House adopt Conference Committee Report #1 to House Bill 606?' All those in favor vote 'aye', all those opposed vote 'no'. This Bill requires 60 votes for passage. Have all voted who wish? The Gentleman from DuPage, Representative McCracken, one minute to explain your vote."

McCracken

"Thank you, Madam Speaker. In explanation of vote, if we're going to push back the effective date for a period of public comment, it's probably better not to pass it into law and take care of the public comment in the fall under 122 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 an Interim Study Calendar. I think it's an unwise practice to pass a law and put off the effective date, hoping it will be cured after it arrives on the statute books. The Sponsor's worked long and hard on this. I have no quarrel with that, and his intentions are quite honorable, but it's just bad policy to be passing this, hoping that it would be cured before it becomes effective."

Speaker Breslin

"Have all voted who wish? The Clerk will take the record. On this Bill, there are 113 voting 'aye', 3 voting 'no', and 2 voting 'present'. This Bill, having received the necessary Constitutional Majority, is hereby declared passed. Appearing on the Order of Supplemental Conference Committee Reports, Supplemental #1, appears House Bill 643, Representative Ronan."

Ronan

"Thank you, Madam Speaker, Members of the House. House Bill 643 is the Detective and Burglar Alarm Licensing Act. It's obviously important, at this point, we pass this... This law is sunsettted for detectives, and if we don't pass the legislation now, we're going to have a situation where there's going to be private security firms and detectives on the street with no kind... with... without any type of regulation and leaving potential problems for protecting the citizenry. There were objections when I presented this Bill before the Body before, from the AFL-CIO and the American Civil Liberties Union, because of an Amendment added by the Department Registration and Education. We've removed all those objections to make sure that there are guarantees to protect the employees of these firms. And I'd move for a favorable report on Conference Committee #1 for House Bill 643."

Speaker Breslin

"The Gentleman moves to adopt Conference Committee Report #1 to House Bill 643. And on that question, the Gentleman from Champaign, Representative 123 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Johnson."

Johnson

"As I read the analysis of Conference Committee Report #1, there are still limited provisions for release of criminal history to the Department of Law Enforcement for screening certain applicants. Is that right?"

Ronan

"Representative Johnson, there are still very tight limits on the release of criminal information."

Johnson

"Now, the Bill, I think the Members of the House should recognize, still contains the provisions for licensing private alarm contractors in addition to the existing licensing of private detectives and security agents. The first time this Bill went out of here, the vote was 74-36. And there were at least 36 people here and I think more since then, in fact, the last time the Bill was voted on, who don't believe that we ought to be in the business of government expanding the nature and extent of regulations of private industry. The Bill still as it is, as it was before, licensing private alarm contractors. I don't think that's good policy. They certainly have narrowed the provisions for dissemination of criminal records, but that has some problems. And I think this is the Bill that simply expands government one more step, one more area, another business that's regulated. And I urge a 'no' vote."

Speaker Breslin

"The Gentleman from Cook, Representative Brookins."

Brookins

"Madam Speaker, Ladies and Gentlemen of the House. I, too, had problems with this Bill at first, but after the language was cleared up, and it was stated that the information concerning a past person's (sic - person's past) record would be kept in strict confidence, confidentiality - It will be sent only back to Registration... Education and Registration for the purpose 124 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 of finding out that you would not have a burglar installing a burglar alarm in your home - with that and with the cleaning up of the language, I now stand in support of this Bill.

Speaker Breslin

"The Gentleman from Macon, Representative Tate. The Gentleman from Cook, Representative McAuliffe. The Gentleman from McLean, Representative Ropp."

Ropp

"Thank you, Madam Speaker. Would the Sponsor yield, please?"

Speaker Breslin

"The Gentleman will yield to a question. Representative Ronan."

Ropp

"Representative, in our analysis, it states that persons who are licensed under this Act may carry concealed weapons. Is that still in the Conference Committee Report?"

Ronan

"There is no change on that. Individuals who are license...even if we didn't have licensing, those individuals would carry concealed weapons. With or without licensing, this doesn't change that part of the statute."

Ropp

"You mean, if you're in the business of being licensed as a person putting in burglar alarms may now carry weap...concealed weapons?"

Ronan

"They're doing it right now."

Ropp

"Are they?"

Ronan

"Yes."

Ropp

"Thank you."

Ronan

"What we're doing now is we're establishing much tighter provisions, though, to protect the citizenry."

Speaker Breslin

"The Gentleman from Macon, Representative Tate."

Tate

"Will the Sponsor yield?"

Speaker Breslin

"The Gentleman will yield to a question."

Tate

"Representative Ronan, as I'm sure you are aware of the first time you introduced this Bill this year, one of the primary reasons for opposition this year was that the 125 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Department of Registration and Education was concerned with the... in the...that the language of this Bill did not distinguish between the people that installed burglar alarms, and then, they would carry over and become security officers. In this legislation, you have satisfied that problem? Correct?"

Ronan

"Absolutely. The Department of Registration and Education has no problems with the Bill in its present form. We worked very closely with the Department from the original draft to this draft, so that there is no problems with the Department of Registration and Education."

Tate

"The Sunset Commission has license...I mean, this...the burglar alarms people have been licensed for how many years? Is this...This is the first time they're being licensed, right?"

Ronan

"Right, this is the first time."

Tate

"Well, Mr. Speaker (sic - Madam Speaker), Ladies and Gentlemen of the House, to the Bill. What I think Representative Ronan has done is, this is an extremely important area that we need confident, qualified individuals out there, because they're doing a very serious performance in terms of security, in terms of protection, etcetera, etcetera, and I would encourage all of you to give this serious consideration. Representative Ronan has tried to accommodate the different concerns in the problems that had occurred earlier in this Session. I would encourage a favorable Roll Call."

Speaker Breslin

Speaker Breslin: "The Gentleman from Cook, Representative McAuliffe."

McAuliffe

"Madam Speaker and Ladies and Gentlemen of the House, just briefly to say that, it hasn't been unknown in the past to have professional burglars get jobs as burglary, as burglar alarms installers and then go back and hit the same 126 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 places that they installed the alarms on. So I think it's very appropriate to investigate the background of the type of people that are going to be installing alarms to make sure that we don't have a wolf in sheep's clothing, and I very much favor the passage of 643."

Speaker Breslin

"The Lady from DuPage, Representative Cowlishaw."

Cowlishaw

"Mr...Madam Speaker and Members of the House, I think this is an excellent piece of legislation. In general, I hold to the philosophy that we ought to reduce the size of government and not expand it, but I think that we have an unusual case here. If a citizen of this state, whether in his place of business or his home, has arranged for a burglar alarm system to be installed and that is not installed properly, and it goes off at times when there is really no problem, those calls must be responded to by your local police department. In the area where I live, we have had a very severe problem with this. We have had our local police force making many calls to places where there is no problem whatsoever, but because the alarm system was not installed correctly. If we were to license this and make sure we did this properly, we would, indeed, cut down on that kind of problem; and therefore, our law enforcement people could spend their time doing what they really need to do. Thank you."

Speaker Breslin

"There being no further discussion, the Gentleman from Cook, Representative Ronan, to close."

Ronan

"Thank you, Madam Speaker. As I said earlier, this is a compromise piece of legislation. We've worked long and hard with it. There were objections raised at different points through the process. We've worked closely with the Department of Registration and Education. We've worked with the Department of Law Enforcement. At this point, we 127 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 have no alternative. The Sunset provisions that were established years ago will set up a situation, if we don't pass this Bill, you're going to have detective agencies, security agencies, burglar alarm agencies existing with no regulation, with no protections for the citizenry. And I move for the passage of this Conference Committee Report."

Speaker Breslin

"The Gentleman has moved to adopt Conference Committee Report #1. All those in favor vote 'aye', all those opposed vote 'no'. This is final passage on the adoption of Conference Committee Report #1 to House Bill 643. All those in favor vote 'aye', all those opposed vote 'no'. This Bill requires a Three-Fifths Majority for passage. Have all voted who wish? The Gentleman from Cook, Representative Panayotovich, to explain his vote. One minute."

Panayotovich

"Thank you, Madam Speaker. I think we should see more green votes. Speaking from personal experiences, the speaker from the other side said, 'You can find people that are going to go out and say they are burglar alarm installers.' And we had the same problem in my own family business where somebody did come in, install an alarm, and two months later, we just happened to be broken into, and nobody knew exactly how it did happen. I'm very serious about that. It did happen, and I think you should know that. And I think that all we're trying to do here is protect ourselves, protect our businesses and protect our homes, and we should see more green votes up there."

Speaker Breslin

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Conference Committee Report, there are 78 voting 'aye', 37 voting 'no', and 1 voting 'present'. This Bill, having received the necessary Three-Fifths Constitutional Majority, is hereby declared adopted and passed. Ladies and Gentlemen, 128 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 on your Regular Order of Call, page four, under Conference Committee Reports, the Chair now goes to Senate Bill 1313, Representative Farley."

Farley

"Thank you, Madam...Thank you, Madam Speaker, Ladies and Gentlemen of the House. Senate Bill 1313, in its original form, provides a $25 increase in penalties for boating... or, the breaking of rules for boaters. It also provides for a lease agreement and contract between the Chicago Park District and the State of Illinois for the Chicago Broadway Armory. It also includes additional $40,000,000 for the Chicago Park District working cash fund. It includes issuing general obligation bonds for FEC projects within the Park District's 2.3 limitations, and it also provides for passive negligence on the part of the Chicago Park District. I would appreciate a favorable Roll Call on Senate Bill 1313 Conference Committee Report #1."

Speaker Breslin

"The Gentleman moves to adopt Conference Committee Report #1 to Senate Bill 1313, and on that question, is there any discussion? There being no discussion, the question is, 'Shall the House adopt Conference Committee Report #1 to Senate Bill 1313?' All those in favor vote 'aye', all those opposed vote 'no'. This Bill requires a three-fifths vote for passage. This Bill requires a three-fifths vote for passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Conference Committee Report, there are 77 voting 'aye', 38 voting 'no', and 1 voting 'present'. This Bill, having received the necessary Three-Fifths Constitutional Majority, is hereby declared passed. Going back to your Supplemental Calendar #1, under Conference Committee Reports for Friday, July 1st, appears House Bill 1264, Representative Reilly."

Reilly

"Thank you, Madam Speaker, Ladies and Gentlemen of the 129 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 House. I move that the House adopt the First Conference Committee Report to House Bill 1264. The Bill, as it started out, was an Amendment to the Psychologists' Registration Act and made some clarifications and some strengthened provisions in the disciplinary Sections of that. It was presented to me by the Illinois Psychologists' Association. The Conference Committee Report, first of all, accepts some Senate Amendments that clarify that and make it better, and those are mostly technical. The second thing that the Conference Committee Report does is incorporate the provisions of House Bill 950, 952 and Senate Bill 1075. Now, these Bills deal with optometrists, but they do not...they do not deal with ocular drugs and perhaps, if there are questions, Representative Ebbesen could explain what they do do. The third thing that's in here is finally the various interests involved in the Plumbing Code controversy have reached an agreement. House Bill 402, as revised and compromised, is included in here. There are still some questions about that. I don't want to be accused of misleading anyone by the Municipal League, but I understand they intend to take those up at perhaps a later date. And if there are questions, Representative Mautino or Representative Matijevich could answer those. I would move for adoption of Conference Committee Report #1 to House Bill 1264."

Speaker Breslin

"The Gentleman has moved to adopt Conference Committee Report #1 to House Bill 1264. And on that question, the Gentleman from Lake, Representative Matijevich."

Matijevich

"Yes, first of all, I wholeheartedly support this Conference Committee Report and recommend its adoption to this Body. I've talked to Representative Reilly, and I'd ask leave now just to ask Representative Mautino a question 130 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 or two because he was so deeply involved in this legislation. If I could have leave to do that..."

Speaker Breslin

"Representative Mautino. Yes, present your question to Representative Mautino."

Matijevich

"Yes, Representative Mautino, you were through all of the negotiations from the start to the finish, and I was in many of them, and wasn't it the real concern that we were trying to get this agreement reached as between the plumbers and the laborers, and through those negotiations, at various different times, it was brought up that, as the Code related to municipalities, that the intent of this legislation, and at all times through the intent of our negotiations was...was that we would retain the status quo as it related to the municipalities? In other words, we didn't want to change in any way that the Plumbing Code would relate to municipalities."

Mautino

"Yes, Representative Matijevich, that is exactly the intent. It was never the intent of all of the individuals involved, including the Parliamentarian who did an excellent job of bringing about this compromise. The intent was never to not allow the municipalities to install, or remove or maintain water meters at a facility. It was the intention of the negotiators and the compromisers, I guess you'd call it, that the municipalities would operate in the same fashion under this new legislation as has been done over the previous 25 years."

Matijevich

"Madam Speaker, in...in making my recommendation, you know, on the floor of the House when I...we had that testimonial to Mike Getty, I had said that Mike was a master at trying to get the middle ground, the language that so often you needed in compromise. This is one of three Bills, and I know Mike's staff also did such an 131 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 admirable job in helping us. This is one of those examples. The fact of the matter is, I had three Bills, three Bills that he effectively used that compromise process. One had to do with the one that Reilly...Representative Reilly had, too, with regards to the consolidation of alcoholism, masterful job. The other, with regards to the nuclear plants, and again, we have been able to effect a compromise. Representative Mautino, and Richmond, and Tate, and I and others felt that we ought to do something with regards to the Plumbing Code. We had the endorsement and support of the Department which worked strongly on this. But there became a problem with regards to the downstate plumbers versus the Chicago plumbers, the laborers throughout the state versus the Chicago plumbers, and they sat through negotiations through almost the whole Session. And I want to compliment Speaker Madigan, who brought these forces together, and now we have a good law. I believe that we should all support it. It's endorsed by just about everybody that I have talked to. So I would urge the Members to vote for this Conference Committee Report."

Speaker Breslin

"The lady from DuPage, Representative Karpiel. Again, Ladies and Gentlemen, there are many people seeking recognition on this legislation. So please keep your comments as concise as possible. Representative Karpiel."

Karpiel

"Well, thank you, Madam Speaker. I realize the need to keep our comments concise, and I realize that it is very late and everyone is exhausted, particularly me. But this is a very complex piece of legislation here that has been put together - all several different types of legislation, different Bills have been put on it. And for all the nice words that Representative Matijevich just spoke about all the people that worked very hard in putting this plumbing 132 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Section together, I haven't got the vaguest idea of what it does. If, in fact, this Bill does not make any changes in the plumbing...in the municipals...municipality's use of, you know, their own personnel for sewer work, or for water meter work, or whatever, if it makes no change whatsoever, then what is the purpose of this legislation, and what, exactly, does it do, and can someone answer that for me?"

Speaker Breslin

"Representative Reilly, are you prepared to answer that question? Representative Mautino to answer Representative Karpiel's question."

Mautino

"The question is a good one, Representative Karpiel. In our existing Public Health Law since 1951, I believe, there has been a problem with the enforcement as it pertains to inspections and laying and installations of public water supplies. For example, our existing statute states that a licensed plumber - and in this case, in this legislation, or his agent or sponsor must inspect that installation. In other words, when they tap into a water main, it must be tapped properly for the protection of the public health and safety. It does in no way, shape or form address sewage drain tile. Alright? Now, it was very difficult and almost impossible. It was impossible for the Department of Public Health to enforce that existing law because of all the ambiguities. What we have done here, with the input of the Department and all the people who were ever involved with public health and safety as it pertains to water, specify the term for an apprentice plumber not to exceed six years, the definition and the mandating of inspection after a water tap has been made by a licensed plumber, or his agent or his sponsor, which could be the construction company, et cetera, and we have defined within here, as well, all of the public safety provisions that are needed for a public water supply. Under our existing statute, the 133 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Department of Public Health is responsible to make sure that you do not end up with a situation of Typhoid Mary of the...of the archaic times, et cetera. So a licensed plumber with experience must inspect and sign off and, in cases as we have them now, install that break into the main water line to a building, basically. It is needed because of the enforcement problems with the existing statute."

Karpiel

"Well, Representative, if I could ask you a question, then. You say it has nothing to do with the sewage lines or anything like that. Well, what if a municipality, you know, that has its own public works department in the middle of the night has a problem with their water main and they want to send someone out to do something? Do they have to call a licensed plumber, or can they send one of their public works people?"

Mautino

"No, Ma'am, not on the drains."

Karpiel

"No, Ma'am, what? They can't..."

Mautino

"No, Ma'am, not on the...they don't have to call. They would go out and fix that, if that's what you're talking about."

Karpiel

"With their public works people?"

Mautino

"Yes, there is no change...that's the way it's done now, and there is no..."

Karpiel

"Alright. What if they want...if after they...what... In the statute as it is now, after they tap in and there's a tap on, do they now have to have a licensed plumber?"

Mautino

"The current law states that the installation and the inspection, the current law, is done by a licensed plumber. It has never, because of the ambiguities in law, been enforced. The Department of Public Health, for twenty some years, has not been able to really enforce that. So, therefore, this legislation..."

Karpiel

"So this is...the difference that this legislation then 134 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 is going to do from present statute is enforce what you say is in place, but there has been no enforcement powers. And in this Bill, of course, there are penalties I have seen, that if..."

Mautino

"Well, there are...there are definitions as well..."

Karpiel

"So that if they, in fact, do tap on, it has to be by a licensed plumber. And now, in practice, if not in statute, they are not doing that?"

Mautino

"I guess you might say that, yes."

Karpiel

"Alright. To the Bill, Madam Chairman...Madam Speaker."

Speaker Breslin

"Proceed."

Karpiel

"On such short notice, to be able to go over this Bill is very difficult to get in...get out of it what all that might be in it. And I am very afraid there might be more in it that even we haven't discussed. But even if this is all that's in it, it would seem to me that this year we have done enough to the municipalities and local governments. We have passed some collective bargaining Bills that they are going to find very troublesome and very costly. We have almost for... if the Bill has gone through and gone through the Senate and been signed, which I am not sure, we have almost, for all practical purposes, eliminated the maintenance Section of the prevailing wage. We have extended prevailing wage to industrial revenue bond. We have done it again, and again, and again to the local units of government. I don't know why this one little exception is so important to the Plumbers' Union that we can't just leave the municipalities alone and let them work with their own public works people. And I would urge a 'no' vote on this."

Speaker Breslin

"The Gentleman from Bond, Representative Slape."

Slape

"Yes, Madam Speaker, would Representative Mautino mind yielding to some questions?" 135 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Breslin

"Representative Mautino will yield to questions."

Slape

"I might be asking you something that's already been asked; but, under this legislation, could somebody from a laborer's union lay a line and then it be tapped in to a...to the main by a licensed plumber or would..."

Mautino

"Absolutely, yes."

Slape

"And whenever you was asked...when Representative Matijevich asked you some questions, you specifically said that it wouldn't interfere with the work around the water meter."

Mautino

"That's right. That's the intent of the legislation, not to affect that. Yes."

Slape

"Well, when you say that, do you mean that the municipalities still can use their people no matter whatever circumstances of their hiring from the main to the meter?"

Mautino

"The question that was raised was on the meter itself. If that meter needs repair, et cetera, the current...the current method of operation is having a municipal water person take that meter off and repair it or whatever, or install a new one and...that will not change with this legislation."

Slape

"Well, what about...what about the line that runs from the main to the meter? Who now has jurisdiction over that?"

Mautino

"In downstate...I guess...there's another way to explain this Bill, I guess. Let me explain this Bill this way, and I would hope that Representative Karpiel would listen to what I have to say. Representative, this piece of legislation is what is called a jurisdictional turf battle between upstate and downstate. The historic provisions and the method of operating downstate was that, in response to your question, many laborers lay sewer drain tiles and they 136 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 want to continue that particular provision, rather than having a plumber continue or implement that provision. It's a turf battle, basically, between organized labor groups. It is much less expensive for the individual, the homeowner and the contractor in downstate Illinois to allow for the laborers to do it in that specific area. The jurisdictional rights in the major metropolitan area have historically been under the plumbers. That will not change. That is what this Bill is all about. That was the original problem with all the people coming down and trying to get to a compromise. It does not hurt municipalities - the intent I have given. It's an internal jurisdictional question between groups of organized labor."

Slape

"No, I'm not through. He wanted to address Mrs. Karpiel. I have some more. Then you are saying that this Bill is divided between the City of Chicago and downstate Illinois?"

Mautino

"Yes, Sir. The International Organization of Laborers have signed off on this agreement as...in the person of Mr. 'Freitag', and the plumbers from the metropolitan area under Mr. 'Braybeck'."

Slape

"Okay, and the way...so far the way you've explained the Bill, you are only dealing with water service."

Mautino

"Yes, Sir."

Slape

"There is no addressing at all into sanitary sewers?"

Mautino

"Yes, there is in one provision of the Amendment, and I just explained to you that it would be done downstate by laborers and upstate a combination of either/or, depending on how the contractor wants to go."

Slape

"Does the Bill deal with ornamental sprinkler systems?"

Mautino

"The sprinkler system definition is in the legislation, and it will be done in the metropolitan areas by the plumbers and the provision would be done, as I understand 137 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 it, by the laborers downstairs, with the installation of the actual line by a licensed plumber and inspection thereof."

Slape

"By a licensed plumber in downstate?"

Mautino

"The...the actual tapping in under...which would be no different than what it is right now - the actual tapping in. The carry on would then be done by the laborers from that point on."

Slape

"Okay, then just one more...I just have one more brief question for you, Dick. Is it your understanding that this Bill does not change any traditional jurisdiction agreements between the two Internationals?"

Mautino

"Exactly correct."

Slape

"Okay, thank you."

Speaker Breslin

"The Gentleman from Macon, Representative Tate."

Tate

"Yes, would the Sponsor yield?"

Speaker Breslin

"The Sponsor or Representative Mautino?"

Tate

"Representative Mautino would...would suffice."

Speaker Breslin

"Representative Mautino will yield to a question from Representative Tate."

Tate

"Representative Mautino, there's been several different questions that different Members, at least on this side of the aisle and the Illinois Municipal League have expressed some concern about. For example, how would this legislation affect the water reader meter (sic - water meter reader) in Decatur?"

Mautino

"It would not affect him at all. It would be under the same jurisdiction and the same method of which they do it now."

Tate

"How would this legislation affect...we have fifty different employees in the City of Decatur that work for the Water Department. Would these employees that are presently doing...running the water operation, would they 138 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 have to be licensed plumbers now?"

Mautino

"It would be under the traditional method of what they have been continually operating."

Tate

"Alright. Another important area, I think, that many Members have questions about. How would this affect an individual homeowner that would, let's say, would want to change their faucet or do some plumbing in the bathroom?"

Mautino

"It does not affect anyone who wants to do that plumbing within their own domicile."

Tate

"Alright. Madam Speaker, Ladies and Gentlemen of the chamber, to the Bill. This Bill, which was originally introduced earlier in the Session as House Bill 402, it received a great deal of work and has received a great deal of attention this Session. It has been the subject that has brought the plumbers' unions throughout the State of Illinois, the laborers' union throughout the State of Illinois, the Department of Public Health, contractors throughout the State of Illinois have all finally, for the first time in three years, arrived at an agreement; a Bill that is in the best interest of all our citizens in this state, to protect their public health; a Bill that has been compromised, worked on for many, many hours this Session, and probably one of the most significant pieces of consumer legislation that we will have this Session. And I would encourage a favorable Roll Call on this Bill."

Speaker Breslin

"The Gentleman from St. Clair, Representative Flinn."

Flinn

"Madam Speaker, I move the previous question."

Speaker Breslin

"The Gentleman moves the previous question. The question is, 'Shall the main question be put?' All those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair...no? Okay. In the opinion of the Chair, the 'ayes' have it and the previous question is 139 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 moved. Members can still explain their vote. Representative Reilly to close."

Reilly

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I believe the Bill has had an adequate debate. On the Plumbing Code, all the debate has focused on one little Section of the rewrite. The things that are illegal presently would still be illegal. I'm not exactly sure why that becomes such a big issue. However, the entire rewrite of the Code, with the clarifications and the jurisdictional situation which the Department of Public Health has been trying to achieve for years so that they can do an adequate job of inspecting and licensing in this area, is important. The Department supports the Bill, that part of the Bill. The rest is noncontroversial, and I would ask for a favorable vote."

Speaker Breslin

Speaker Breslin: "The Gentleman moves to adopt Conference Committee Report #1 to House Bill 1264. All those in favor vote 'aye', all those opposed vote 'no'. The Gentleman from Macon, Representative Dunn, to explain his vote. One minute." Dunn, J.: "Thank you, Mr. (sic - Madam) Speaker and Ladies and Gentlemen of the House. On pages 14 and 15 of the Conference Committee Report, there is a statement that everyone who is a plumbing inspector, including persons employed as plumbing inspectors in home rule units, shall be a licensed plumber. That currently is not the situation in my home community, and I think in these difficult times - I don't see anything in here about grandfathering - I don't think we should put those people out of work if they have been following a tradition and practice. It's been that way for about fifty years, and I would urge a 'present' vote until at least that item is straightened out." 140 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Breslin

"The Gentleman from Cook, Representative Birkinbine, one minute to explain your vote."

Birkinbine

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I notice on page two and three it makes reference to now including the installation of a lawn sprinkler system. Lawn sprinkler system needing to have licensed plumber? This Bill seems a reaction, probably, to the advent and the ease of working with PVC pipes and the fact that more and more do-it-yourselfers can do without licensed plumbers. And I don't think it's a good Bill to vote for. I would...if you are going to talk about it being a consumer Bill, you'd be voting against it."

Speaker Breslin

"The Gentleman from Rock Island, Representative Brunsvold, to explain your vote. One minute."

Brunsvold

"Thank you, Madam Chairman...Madam Speaker. If Representative Mautino could nod, if I go home to my district and my plumbers' and my laborers' union...if I vote 'yes' for this Bill, are they both going to be happy? Okay, thank you."

Speaker Breslin

"The Gentleman from Hardin, Representative Winchester, one minute to explain your vote."

Winchester

"Well, Madam Speaker, almost the same question. Representative Mautino, if I go back to my district in the far southern part of the state will my plumbers and will my laborers be satisfied with this piece of legislation? And will my operating engineers? Was that issue addressed? And are the Municipal...has the Municipal League come closer to an agreement? Alright, then this...to explain my vote, Madam Speaker. This was a highly controversial and highly emotional issue in the Registration and Regulations Committee. Several hundred individuals showed up, and I want to compliment Representative Mautino and those who had part in the negotiations in working out this very serious 141 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 problem. And I would hope that we would all vote 'aye'."

Speaker Breslin

"Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Conference Committee Report, there are 84 voting 'aye', and 19 voting 'no', and 11 voting 'present'. And the Conference Committee Report is hereby declared adopted. I'm sorry, we have already announced the Roll Call, Representative. This Bill, having received the necessary Three-Fifths Constitutional Majority, is hereby declared passed. On Supplemental Calendar #1, appears House Bill 2078, Representative Ropp."

Ropp

"Thank you, Madam Speaker and Members of the House. House Bill 2078 with the Conference Committee puts into effect about eight or nine pieces of legislation that somewhere along the way got sidetracked. They deal with Bovine Tuberculosis Eradication Act, bovine brucellosis eradication, Illinois swine brucellosis, gastroenteritis, swine disease, feeder swine dealer, livestock dealer at auction market. And in a weaker mental state, we have replaced the word 'knowingly' in here, Representative Cullerton, unfortunately. And, one additional addition that you'll be excited about is that we have added eight members to the Illinois Racing Advisory Panel at no additional cost but giving wisdom to the Horse Racing Industry, and I move your approval of Conference Committee #1 to House Bill 2078."

Speaker Breslin

"Ladies and Gentlemen, the Clerk is having difficulty with the printer, and that is the reason that the House Bill number has not changed, and the board has not cleared. We are on Supplemental #1 on your House Calendar for Friday, July 1st. Under Conference Committee Reports, we are discussing Representative Ropp's Bill, House Bill 2078, and on that question, is there any 142 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 discussion? Rep...The Gentleman from Effingham, Representative Brummer."

Brummer

"Will the Sponsor yield?"

Speaker Breslin

"The Gentleman will yield to a question."

Brummer

"Representative Bopp, could you explain the provisions with regard to livestock dealers?"

Ropp

"Yes, I'd be most happy to."

Brummer

"Would you please do so?"

Ropp

"I'm doing that. I'm getting the material, then I'm doing it. The Amendments clarify and broaden the grounds for refusing to issue a license or for revoking a license under the Act. It clarifies the Department's authority to issue an agent's permit to any person whom the dealer wishes to represent him. These are provisions which the Joint Committee on Rules have stated, and that's why we have made these changes in this Bill."

Speaker Breslin

Speaker Breslin: "Excuse me, Representative Brummer. Representative Cullerton, for what reason do you rise?"

Cullerton

"Madam Speaker, I don't think that I'm going to be opposed to this Report because of the additions that Representative Ropp put in, but it's a very long Conference Committee Report, and our staff needs just a few more minutes, if we could, to review all the pages of the Report. And I would ask that we just take it out of the record and get right back to it."

Speaker Breslin

"Would that be acceptable, Representative Ropp?"

Ropp

"That'll be fine since you've had it since last night at 11 o'clock. I know that it takes a long time for you to read, and it's a quarter after five right now. We'll give you a little extra time."

Brummer

"Will I get an opportunity to question the Sponsor, also, at that time, Madam Chairman?"

Speaker Breslin

"Surely, Representative Brummer. This Bill is 143 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 out of the record. Appearing on Supplemental Calendar #1, under Conference Committee Reports, is Senate Bill 228, Representative Panayotovich."

Panayotovich

"Thank you, Madam Speaker. I'd like to yield the floor to Representative Greiman."

Speaker Breslin

"Representative Greiman on Senate Bill 228."

Greiman

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Senate Bill 228 has...in Conference Committee has on...a provision which we have dealt with in this House on several occasions, and that is the...allowing an employee who is terminated in his employment to continue his medical insurance for a period of six months, or until he has insurance. The difference is...and I have fought this battle for many years with the insurance company, and either I'm getting older and wiser or lazier, or whatever, but I have accepted the insurance company's language, the language that they have suggested, so that they, the insurance representatives in the area, agree with the Bill in its present state. I think that the concept is good as I originally drafted it, but it's also a good... With the modified form, I would only suggest that one bit of intent, legislative intent, and that is on page four, the notion of a policy being delivered or issued. Since these policies are not annualized, changes such as Amendments or changes in premiums would be deemed a new delivery, a new issuance, but, in any event, the Act doesn't become effective for six months after passage. Thank you."

Speaker Breslin

"The Gentleman has moved to adopt Conference Committee Report #1 to Senate Bill 228, and on that question, the Gentleman from Peoria, Representative Tuerk."

Tuerk

"Well, Madam Speaker, Members of the House, what the Gentleman said was correct. There is still parts of the Bill that some of the business community object to. 144 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 However, in total, I...excuse me...I can't rise in opposition, quite candidly. The Bill is in pretty good shape. The Gentleman said he's mellowed... Let me give you a clue. He's got a long way to go yet, but despite that fact, he's trying and maybe if he sticks around for a while, we'll get him to see our way on a number of things, but by and large, I think the Bill is in pretty good shape. I don't object to it that strenuously. I'd rise in support of the Bill."

Speaker Breslin

"The Gentleman from Cook, Representative Terzich."

Terzich

"Well, yes, I was going to ask the Sponsor a question about the, you know, the contents of the Bill, but if that's all Fred Tuerk could say, I don't have any questions."

Speaker Breslin

"The Gentleman has moved for the adoption of Conference Committee Report #1 to Senate Bill 228. All those in favor vote 'aye', all those opposed vote 'no'. This Bill requires a Three-Fifths Majority for passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Conference Committee Report, there 109 voting 'aye', 6 voting 'no', and none voting 'present', and this Bill, having received the necessary Three-Fifths Constitutional Majority, is hereby declared passed. Appearing on the Supplemental Calendar #1 appears Senate Bill 690, Representative Wolf."

Wolf

"Thank you, Madam Speaker and Members of the House. I move for adoption of Conference Committee Report #1 to Senate Bill 690. Basically, Senate Bill 690 provides for requiring the owner of a motor vehicle that sustains over 50% damage to notify any subsequent buyer of that damage, and the name of the individual or the name of the firm that made the repairs. Included in the Conference Committee 145 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Report, we've adopted and incorporated Amendment #2, which was added by Representative Cullerton. It also includes the noncontroversial part of House Bill #530, which requires that the operator of a motorcycle to have at least one hand on the handlebar at all times when the motorcycle is in motion. This Bill passed the House by some...104 to 2. It also includes the substantive language of Senate Bill 411, which passed the Senate by a vote of 56 to 2, but unfortunately, didn't get called on Third Reading in the House. This Bill restricts the use of nonreflectorized or mirror glass on the windshield or on the front windows to the right and to the left of the driver of a motor vehicle. It also includes the substantive changes in Senate Bill 44 which passed the Senate by 46 to 5. It is a permissive Bill that allows municipalities to adopt, by a local ordinance, special weight provisions for the industrial roll off garbage and refuse containers. All of the Bills, the changes and the Amendments, that I have referred to in the Conference Committee Report are those of the Motor Vehicle Laws Commission and have the input...and the input and the support of the Department of Transportation, the Department of Law Enforcement, the Secretary of State, some of the affected industries and the Motor Vehicle Laws Commission. I would move for adoption of Conference Committee Report #1 to Senate Bill 690."

Speaker Breslin

"The Gentleman moves to adopt Conference Committee Report #1 to Senate Bill 690, and on that question, the Gentleman from Macon, Representative Dunn." Dunn, J.: "Thank you, Mr. Speaker (sic - Madam Speaker) and Ladies and Gentlemen of the House. First, a brief question if the..."

Speaker Breslin

"The Gentleman will yield to a question." Dunn, J.: "...the Sponsor has the answer handy. The tinted 146 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 windshield thing would, I suppose, apply in the future and not to cars or vehicles that are already out running on the road. Is that correct?"

Wolf

"Would you repeat that question?" Dunn, J.: "If you have a car now that has tinted glass, do you have to remove it, or does this apply?"

Wolf

"This is for, I believe, automobiles 1978 vintage and older, John." Dunn, J.: "So...well, okay. Mr. Speaker and Ladies and Gentlemen of the House, I was a Member of the Conference Committee and did sign the report, because I know that the legislation which is in this Conference Committee Report is legislation which has been pending all spring. The Sponsor here in the House and I did object to a subject matter which was not included in the Conference Committee Report, and I think the Members should know that, strictly on this side of the aisle, that the so called 'caboose Bill' was attempted to be amended onto this Conference Committee Report, and that attempt was defeated. And I think it's altogether too bad that that happened. Nonetheless, I think we should support this Conference Committee Report in its present form."

Speaker Breslin

"The Gentleman from Cook, Representative Piel."

Piel

"I move the previous question, Madam Speaker."

Speaker Breslin

"The Gentleman moves the previous question. The question, 'Shall the main question be put?' All those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the main question is put. The Gentleman from Madison, Representative Wolf, to close."

Wolf

"Thank you, Madam Speaker and Members of the House. I think that the explanations given are sufficient, and I would simply move for adoption of the Conference Committee 147 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Report to Senate Bill 690."

Speaker Breslin

"The question is, 'Shall the House adopt Conference Committee Report #1 to Senate Bill 690?' All those in favor vote 'aye', all those opposed vote 'no'. This Bill requires 60 votes for passage. The Gentleman from Bureau, Representative Mautino, one minute to explain your vote."

Mautino

"Well, thank you very much, Madam Speaker. I think this is a good piece of legislation. It addresses many of the questions and concerns as it pertains to the provisions for altering and defacing other electronic devices, in addition to the traffic control devices. I think it's a good proposal that now, I see, has enough votes."

Speaker Breslin

"The Gentleman from DeWitt, Representative Vinson, one minute to explain your vote."

Vinson

"Madam Speaker, I would just make the point that sometime earlier this afternoon Mr. Piel rose and got leave to suspend Rule 67(b) and, as a result of that, explanations of votes are no longer permitted."

Speaker Breslin

"The Gentleman from Peoria, Representative Tuerk, to explain your vote."

Tuerk

"Well, Madam Speaker, Members of the House, I'm on a red vote right now, because there is a business back in my hometown..."

Speaker Breslin

"Excuse me, Representative. We will...we will check the transcript and get back to that issue at a later time. At the present time, Representative Tuerk has been recognized to explain his vote. Please proceed, Representative."

Tuerk

"Well, I've been informed by a former colleague here that actually, many of the objections of my constituents back home has been alleviated as long as it provides that it conforms to federal standards relative to this Act, and I'm 148 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 further informed that perhaps this thing can be worked out in future time to the point where, apparently, my objections are taken care of. Thank you."

Speaker Breslin

"Mr. Clerk, have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 89 voting 'aye', 21 voting 'no', 3 voting 'present'. The Conference Committee Report #1 is adopted; and this Bill, having received the necessary Constitutional Majority, is hereby declared passed. Representative Vinson, on your point of order, Representative Piel was recognized earlier today for what I believed, or what the Chair believed to be suspension of the Rule 65 (b), allowing the Membership to address the Chair as Madam Speaker rather than Mr. Speaker. The Rule quoted is 67 (b) that you have presently noted. If the Gentleman would now like to move to suspend Rule 67 (b), the Chair would be happy to entertain that Motion; however, the Chair and the Membership were under the impression that it was 65 (b) that was being suspended and that was the purpose for which he was recognized. The Gentleman from Cook, Representative Piel, for what reason do you now rise?"

Piel

"No, Madam Speaker. You know, I just stood up and asked if we could suspend Rule 67 (b) while the present Speaker was in the Chair, and everybody said, 'aye', so I figured nobody wanted to explain votes."

Speaker Breslin

"It is true...I will not debate your statement, Representative, but I asked leave based on the other rule. If you wish now to put that question, you are free to do so; otherwise, we are going to continue on the Order of Conference Committee Reports. What is your desire, Representative?"

Piel

"I would move that we waive Rule 67 (b) while the present Speaker is in the Chair." 149 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Breslin

"The Gentleman has moved to waive Rule 67 (b). Rule 67 (b) deals with decorum in voting, and it says, 'Except as provided herein, every Member has the right to take one minute to explain his vote at any time up to the announcement of the vote on the question, notwithstanding the ordering of the previous question. Other than the Chief Sponsor of the matter under consideration, no Member who has spoken in debate on a question shall have the right to explain his vote on that question. A Member may not yield his time for explanation of a vote to another Member.' That is the question that the Gentleman has put to the Chair. I would ask the Membership to consider that question, and on the question...and on the Motion, Majority Leader Representative McPike is recognized."

McPike

"Thank you, Mr. Speaker (sic - Madam Speaker) and Ladies and Gentlemen of the House. We all realize that it is now July 1st, and everyone is tired; nonetheless, the House is a different Body than the Senate. If you eliminate explanation of votes, you're just going to have more Members get up and speak for ten minutes and further delay the proceedings. I think it's advisable to ask the Members to be considerate of everyone at this point and simply get up when they feel it's absolutely necessary. If that happens, hopefully, we will move along. I would hope that a lot of people would not get up to explain their vote, but if you eliminate that, you're only going to slow down the process and fewer of these Conference Committees will be called. I would simply ask that we oppose the Motion."

Speaker Breslin

"The Gentleman from Cook, Representative Jaffe, on the Motion."

Jaffe

"Yes, Madam Speaker, I would echo what Representative McPike has said. It seems to me on a date when we're getting Conference Committee Reports thrown at us left and 150 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 right, it's really very difficult to comprehend all these things when they are thrown at us. And very often as we go through these reports and as a vote is being taken, sometimes we spot something in the Conference Committee that we wish to ask about, or we wish to comment about. I think for us to cut off all explanation of vote, at this time, would be folly. I would agree with Representative McPike, that we should keep our comments to a minimum, that we would try to move the business to the House very rapidly, and that we do not have long dissertation when everyone understands the issue. I would therefore vote against this particular Motion."

Speaker Breslin

"Representative Piel, for what reason do you rise?"

Piel

"Well, I can see the handwriting on the wall, Madam Speaker, so I would withdraw that Motion and make a substitute Motion that we waive the Rules in 65 (b) while the present Speaker is in the Chair."

Speaker Breslin

"The Gentleman asks leave to withdraw his Motion and instead substitutes a Motion that has previously been recognized and been accepted. Ladies and Gentlemen, we are on Supplemental Calendar #1, Conference Committee Reports, Senate Bill 849, Representative Keane."

Keane

"Thank you, Madam Speaker. The first Conference Committee Report on Senate Bill 849 is exactly the Bill that we passed over to the Senate with four House Amendments. For some reason or other, there were...the Senate's staff felt there was some problems with the House Amendments. After we got into a Conference Committee situation, they decided that there wasn't, and we're back where we were when we originally sent the Bill over. I'd be happy to answer any questions on the Bill, then I'd ask for a favorable Roll Call." 151 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Breslin

"The Gentleman moves to adopt Conference Committee Report #1 to Senate Bill 849, and on that question, the Gentleman from Cook, Representative Cullerton."

Cullerton

"Yes, will the Sponsor yield?"

Speaker Breslin

"The Gentleman will yield to a question."

Cullerton

"Representative Keane, in Committee, on one of these Bills, the Chairman of the Commerce Commission testified against it. He had some problem concerning the Open Meetings Act. Could you tell us whether or not he would still be in opposition, based on what the Conference Committee Report does, vis-a-vis the Bill?"

Keane

"In Committee, the major opposition came to an Amendment, an Amendment which struck part of 'school'. As the Bill, the Open Meetings Act applied to schools, that was the major concern of the Members of the Committee, and Amendment #4 took care of that concern. The concern that you expressed that the...is the...by the head of the Illinois Commerce Commission was that they wanted to continue to have closed meetings where they were deliberating. The basic intent of the legislation is to open those up so that our CUB legislation and the previous legislation that we've passed here will be open to the public."

Cullerton

"What would be exempted from the Open Meetings Act with regard to the ICC deliberations?"

Keane

"What we would do, we would delete the deliberations for decisions of the Illinois Commerce Commission from the list of exempt meeting situations."

Cullerton

"Okay, thank you."

Keane

"They can still discuss trade secrets and that in private."

Speaker Breslin

"The Gentleman has moved for the adoption of 152 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Conference Committee Report #1 to Senate Bill 849. There being no further discussion, the question is, 'Shall Conference Committee Report #1 to Senate Bill 849 pass... be adopted, rather?' All those in favor vote 'aye', all those opposed vote 'no'. This Bill requires a Three-Fifths Majority for passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Report, there are 111 voting 'aye', 2 voting 'no', and 4 voting 'present'. This Bill, having received the necessary Three-Fifths Constitutional Majority, is hereby declared passed. Appearing on your Supplemental Calendar, under the Order of Conference Committee Reports, appears Senate Bill 1026, Representative Mautino."

Mautino

"Thank you very much, Madam Speaker. 1026 was the legislation that was originally a part of the Prairie 2000 Program that addressed the small business division within the Department of Commerce and Community Affairs. The Amendment that was adopted and is included in this Conference Committee Report is the language that is currently being used under the CETA rules and regulations of the federal law concerning the Comprehensive Training Act. Those same provisions have been embodied in 1026 under the Joint Partnership Training Act that goes into effect in October. This language, I believe, is identical to the CETA provisions. It will operate under the JTPA program, and what it does is, maintain that no funds from the JTPA program may be utilized to persons in occupations... substantially similar occupations where there has been a layoff or a company closing. I addressed this in the original proposal of 1026 as it pertains to the company in Kewanee whereby the individuals were all laid off, who did... trained and experienced in that particular field and job... JTPA funds were used once again to train 153 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 additional people in that same identical area where there was a work force involved. That's what the legislation does as amended in this Conference Committee Report, and I move for adoption of the Conference Committee Report #1 to Senate Bill 1026."

Speaker Breslin

Speaker Breslin: "The Gentleman moves to adopt Conference Committee Report #1 to Senate Bill 1026, and on that question, the Gentleman from Edgar, Representative Woodyard."

Woodyard

"Thank you, Madam Speaker. Will the Sponsor yield?"

Mautino

"Yes, he will."

Speaker Breslin

Speaker Breslin: "The Gentleman will yield to a question. Proceed."

Woodyard

"Yes, Representative. We have a question regarding the definition of 'labor market' or that market area. Can you... Can you expand on that a little, as to actual definition of 'labor market'?"

Mautino

"The intention of the legislation is the immediate area where this work force is in abundance because of a prior similar or same work is being done."

Woodyard

"Then would it...would it be within the confines of a district of a particular local?"

Mautino

"It could be, but not totally. And that... The answer to that is very difficult to answer, because you have jurisdictional overlaps."

Woodyard

"Okay. Would it be your intent that DCCA be able to define that by rule?"

Mautino

"As long as they stayed within the parameters of the CETA provisions in the federal law."

Woodyard

"Can you also clarify distinction by legislative intent, at least, of the secondary strike? Are we saying that funds could be withheld only in the instance of a primary strike, or are we also into that secondary strike 154 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 area?"

Mautino

"The legislative intent for this particular purpose does not intend to apply to secondary strikes."

Woodyard

"Thank you. Then, Madam Speaker, to the Bill. I rise in opposition to this proposal. I think it has a very devastating affect on the possible use of ITP funding. As I think you all are aware, this is another one of the Bills in the prairie chicken package, and I think it, personally, is a very devastating one. A very quick example: If an industry wishes to move into this state, part of the incentives offered to that industry are certainly training programs. If we put ourselves in a posture of having to get written concurrence from a union in order to use those funds, you'll see those industries not coming into this state or not expanding. I urge a 'no' vote on this."

Speaker Breslin

"The Gentleman from Livingston, Representative Ewing."

Ewing

"Mr...Madam Speaker, Ladies and Gentlemen of the House, very quickly. I think that we need to encourage industrial growth in this state. We don't need to give the unions the veto power over that type of growth. Now certainly, we have to expect that DCCA will use some good sense in using job training Bills... job training money, but in the same regard, we don't want to give carte blanche the unions the right to stop industrial training. And I would suggest that we do not accept this Conference Committee Report. Send it back and have them take that provision out."

Speaker Breslin

"The Gentleman from Cook, Representative Kulas."

Kulas

"Thank you, Madam Speaker. I move the previous question."

Speaker Breslin

"The Gentleman moves the previous question. The question is, 'Shall the main question be put?' All those in favor say 'aye', all those opposed say 'nay'. In the 155 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 opinion of the Chair, the 'ayes' have it, and the main question is put. The Gentleman from Bureau, Representative Mautino, to close."

Mautino

"The controversial provisions as presented by some of the Members on the other side of the aisle are the identical provisions that are now in effect under the CETA program. The exact same procedures that are in 1026 are the exact same rules and regulations as it pertains to public and private sector employment under the CETA program. I think that if the CETA program has run effectively, questionable whether it's sufficiently under those same rules. The Job Training Programs Act should be able to operate in the same parameters. It is also not unusual under a federal program, as you well know, that where there is bargaining recognition that those unions involved be notified, signoff and verify the individuals who would come under this program. I, personally, do not see anything wrong with adopting the federal provisions that are now operating under rules and regulations, and it does correct the situation that has occurred in my district as it pertains to using JTPA funds when, in fact, there was a work force ready, available, and experienced to do that same job. So, therefore, I think I have responded to those inquiries, and I ask for adoption of Conference Committee #1 to Senate Bill 1026."

Speaker Breslin

Speaker Breslin: "The question is, 'Shall the House adopt Conference Committee Report #1 to Senate Bill 1026?' All those in favor vote 'aye', all those opposed vote 'no'. This Bill requires a Three-Fifths Majority for passage. The Gentleman from Hardin, Representative Winchester, is recognized to explain his vote. One minute."

Winchester

"Thank you. Thank you, Madam Speaker and Members of the House. The distinguished Sponsor of this Bill...and I 156 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 do understand the intent, and I do understand the problem that he has in his district, but all during this Session on these type of Bills, we've made the common mistake that we keep referring to the CETA program. This is the way it was done in the CETA program. We will not have a CETA program come October 1st; we have the Jobs Training Partnership Act, which is a training program. The CETA program was a public works or a public service program. There is a difference. This type of legislation could jeopardize our federal funding, because it is not part of the federal program. We are adding something in the State Legislature that is not approved by the Federal Government. That is important. Those of us who believe in the Jobs Training Partnership Act should be careful when we support this type of legislation, and a 'no' vote is the proper vote."

Speaker Breslin

"The Gentleman from Marion, Representative Friedrich, to explain his vote. One minute."

Friedrich

"Madam Chairman, Members of the House, we certainly...all of us respect the rights of workers to organize in a plant or anything of that kind, and I know that that goes on and we want it to be able to, but I don't think we ought to let a union strangle the business before it even gets started, and I think that's what this Bill provides. I thought we wanted economic recovery, not economic strangulation."

Speaker Breslin

"Have all voted who wish? This Bill requires a Three-Fifths Majority for passage. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 67 voting 'aye', 48 voting 'no', and 1 voting 'present', and the Conference Committee Report is not adoted. Representative Mautino."

Mautino

"I'd like to request a Second Conference Committee."

Speaker Breslin

"The Gentleman asks leave to have a Second 157 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Conference Committee Report. Is there any objection? There being no objection, the Gentleman has leave. Ladies and Gentlemen, the Chair is going to go to the Order of Conference Committee Reports on your Regular Calendar on page 2. We are going to go through all of the Conference Committee Reports that were taken out of the record when we previously were on this Order of Business. The first Bill appearing on that Order of Business is House Bill 26, Representative Cullerton. Out of the record. House Bill 104, Representative Ronan."

Ronan

"Thank you, Madam Speaker, Members of the House. House Bill 104 has just passed the Senate. Basically, what it does is, it creates the Commission on Health Assistance Programs. I'll be glad to answer any questions. Representative Winchester will close."

Speaker Breslin

"The Gentleman has moved for the adoption of Conference Committee Report #1 to House Bill 104, and on that question, the Gentleman from Champaign, Representative Johnson."

Johnson

"You said, Representative Ronan, that basically what this does is to create the Commission on Health Assistance Program. Is that even still in the Bill?"

Ronan

"Yes, it is."

Johnson

"What else does it create?"

Ronan

"It doesn't create anything else."

Johnson

"It doesn't create the Medical Fraud Study Commission?"

Ronan

"That's a House Committee that's already been in existence."

Johnson

"It doesn't create that?"

Ronan

"No, it doesn't. It's been in existence. It held hearings last year."

Johnson

"Does it extends the Gang Crime Commission from 1983 to '85?" 158 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Ronan

"Yes it does, but it would also extend..."

Johnson

"But it will also extend the Suburban Task Force from 1983 to '85?"

Ronan

"Yes it does, because the Commission..."

Johnson

"But does it add two members to the Board of the Illinois State Museum?"

Ronan

"As a request from the Governor."

Johnson

"And does it add two members to the Pollution Control Board who make $37,000 a year each?"

Ronan

"As a request from the Governor."

Johnson

"Well, Representative Ronan..."

Ronan

"As a request from the Governor."

Johnson

"...If we're going to vote on these Conference Committee Reports, I think the Members on both sides of the aisle deserve the courtesy of your, at least, letting us know what these Bills do. You try to tell us that all it basically does is create the Commission on Health Assistance Program, and our Conference Committee Report analysis doesn't even indicate that's still in the Bill. Let me tell you what this Bill does, since Representative Ronan doesn't want to tell you. What it does, and I'm looking at the First Conference Committee Report among other things, is, there is created the Medical Fraud Study Commission. In addition to that, we are adding by two, the Board of Illinois State Museum. In addition to that, we are adding by two, the membership of the Pollution Control Board, which is a total of $74,000 a year. We're extending by two years the life of the Gang Crimes Commission to 1985. Last year, the appropriatiop for that Commission was $150,000. We're expand...expanding by two years the life of the Suburban Task Force. Last year, the Commission spent $90,000, or a $90,000 appropriation. So right there, between the 74, the 150, and the 90, not even regarding 159 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 what the Medical Fraud Study Commission is going to do with hiring clerical help or whatever else it does. We're way, way over a quarter of a million dollars. Now last night - and I'd invite the media, who spent as much attention as they did, and they should have, dealing with the question of the tax increase - to look at issues like this and then you wonder, in a cumulative affect, why Representative Ronan - and he was honest last night - said he's going to come back here next year, and the next year, and the next year after that to vote for an income tax increase. The reason is because we've passed these asinine Commissions, the only purchase of which is to add three or four jobs and give somebody some more patronage. And then, he tries to come to us in a Conference Committee and tell us all it does is to basically create the Commission on Health Assistance Programs. That's a lie. You know it is. That isn't what it does. It does all these other things, and basically, what it does is it adds incredibly to the cost of government. That's, I think, a fraud on all the Members of this House. And for those of you in this chamber who've campaigned on eliminating unnecessary Commissions, cutting down on the size of government and cutting down on the costs of government, this is exactly the reason we have tax increases and exactly the reason we have problems and the criticism that we do from the public today. There is no reason for any one of these Commissions to exist, other than that they're the pet project of three or four Legislators. It's bad business. It's bad government, and if you want to go on record as supporting that kind of thing and wait until 492, 492 is going to create four more Commissions and extend the life of other Commissions, and you're going to spend millions of dollars of the taxpayers money just because Representative Ronan has his little 160 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 carved out special interest in these things. It's bad business. It's bad government, and I urge a 'no' vote."

Speaker Breslin

Speaker Breslin: "If there is no further discussion, and there are no other lights blinking...Excuse me, the Gentleman from Cook, Representative Huff."

Huff

"Yes, I've perceived Representative Ronan to be a fine, distinguished Representative, and if he says we need this Commission, I'm all for it."

Speaker Breslin

Speaker Breslin: "There being no further discussion, the Gentleman from Hardin, Representative Winchester, to close."

Winchester

"Well, thank you, Madam Speaker. I hope that I saw a smile in Representative Johnson's face there when he was debating, maybe I didn't, but I thought I saw a smile. But I might like to add to the discussion, and it was my responsibility to explain exactly what this Bill did, I... not Representative Ronan, but me. Somehow or another it got twisted around. So, I don't think Representative Ronan was really trying to hide anything, Representative Johnson. It was just that it my under... It was his understanding that I was to explain what the Bills do. It does, at the Governor's request, add two members to the Pollution Control Board, and I think we all know what the Pollution Control Board is and the function that it does for the State of Illinois. It is not some innocuous Committee or Commission that we have around the state. It is a very important board. He does want two Members on that. He does, and he asks... has asked for two members to the Board of the Illinois State Museum. We know how important the Illinois State Museum is to us, and to the residents of the State of Illinois. The Suburban Task Force, the Gang Crime Commission have an established reputation of providing important data and facts to this General Assembly. They 161 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 have done a tremendous job. Many of us, including myself, doubted and thought that this was just another Commission to generate dollars for patronage or whatever. These two Commissions have done an excellent job, have provided important data that has generated and become... generated legislation that has become law. The Medicare... The Medical Fraud Study Commission, while... in its name itself, I think we can all agree, even the Members on this side of the aisle, the Conservatives, can agree that we do have a serious problem in this state of medical fraud. We do need to study medical fraud. There is no Commission to do that. We need a legislative Commission to do that, and based on the importance that I feel on House Bill 104, maybe you have disagreements on other Bills, but on House Bill 104, we should give it an 'aye' vote."

Speaker Breslin

"The Gentleman has moved to adopt Conference Committee Report #1 to House Bill 104. All those in favor vote 'aye', all those opposed vote 'no'. This Bill requires 71 votes for passage. Representative Johnson, you have already spoken in Debate. Representative Johnson, for what reason do you rise?"

Johnson

"Just to request a verification if this reaches 70 or 71 votes, whatever it requires."

Breslin

"That is your right, Sir. Have all voted who wish? This Bill requires a Three-Fifths Majority for passage. Have all voted who wish? The Clerk will take the record. On this Conference Committee Report, there are 72 voting 'aye', 44 voting 'no', and 1 voting 'present'. The Gentleman from Champaign has requested a verification of the Roll Call. Would the Clerk poll the one absentee?"

Leone

"Poll of the Absentee. Daniels."

Speaker Breslin

"The Gentleman from Cook, Representative Levin, for what reason do you rise? Representative Johnson, could 162 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Representative Levin have leave to be verified? You have leave, Sir. Mr. Clerk, would you poll the Affirmative Roll Call? Excuse me. Representative Kirkland wishes leave to change his 'no' vote to 'aye'. The Gentleman has leave. Representative O'Connell asks leave to be verified. Does the Gentleman have leave? Representative O'Connell? Mr. Johnson? Representative O'Connell has leave to be verified. Very good. Proceed with the Roll of the Affirmative, Mr. Clerk."

Leone

"Poll of the Affirmative. Alexander. Barnes. Berrios. Bowman. Braun."

Speaker Breslin

"Excuse me, Mr. Clerk. Representative Deuchler asks leave to be verified. Representative Deuchler asks leave to change her vote from 'no' to 'aye' and to be verified. Does the Lady have leave? The Lady has leave. Proceed, Mr. Clerk. Excuse me, Mr. Clerk. Mr. Speaker, Representative Madigan, asks leave to be verified. Does the Gentleman have leave? The Gentleman has leave. Proceed, Mr. Clerk."

Leone

"Poll of the Affirmative. Brookins. Bullock. Capparelli. Christensen. Cullerton. Curran. Currie. DeJaegher. Deuchler. DiPrima. Domico. Doyle. Ralph Dunn. Farley. Flinn. Dwight Friedrich. Giglio. Giorgi. Greiman. Hensel. Hicks. Hoffman. Huff. Hutchins. Jaffe. Keane. Kirkland. Krska. Kulas. Laurino. LeFlore. Leverenz. Levin. Marzuki. Matijevich. Mautino. McAuliffe. McGann. McPike. Mulcahey. Nash. Oblinger. O'Connell. Panayotovich. Pangle. William Peterson. Pierce. Preston. Rhem. Rice. Richmond. Ronan. Saltsman. Shaw. Slape. Steczo. Taylor. Terzich. Van Duyne. Vinson. Vitek. White. Winchester. Wojcik. Wolf. Woodyard. Younge. Yourell and Mr. Speaker." 163 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Breslin

"Representative Younge asks leave to be verified. Does the Lady have leave? The Lady has leave. Representative Johnson, do you have any questions of the Affirmative Roll Call?"

Johnson

"Yes, Ma'am. Barnes."

Speaker Breslin

"Barnes. Representative Barnes is not in her seat."

Johnson

"Braun."

Speaker Breslin

"Representative Barnes. Is she in the chamber? Remove her."

Johnson

"Braun."

Speaker Breslin

"Representative Braun? I am informed that the Lady is in the nurse's station. Do you wish to have her removed, Representative Johnson?"

Johnson

"Yes."

Speaker Breslin

"Remove Representative Braun from the Roll Call."

Johnson

"Bullock."

Speaker Breslin

"Representative Bullock. Is the Gentleman in the chamber? Representative Bullock. Representative Bullock. Remove him."

Johnson

"Capparelli."

Speaker Breslin

"Representative Capparelli is in the chamber, right here in front."

Johnson

"Ray Christensen."

Speaker Breslin

"Representative Preston asks leave to be verified. The Gentleman has leave."

Johnson

"Yes."

Speaker Breslin

"Representative Christensen is in his chair."

Johnson

"Hicks?"

Speaker Breslin

"Representative Hicks. Is the Gentleman in the chamber? Representative Hicks. Remove Representative Hicks. Excuse me. Representative Marzuki, for what reason 164 STATE OF ILLINOIS 83RD GENEBAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 do you rise?"

Marzuki

"Leave to be verified."

Speaker Breslin

"Representative Marzuki asks for leave to be verified. Does the Gentleman have leave? Yes, the Gentleman has leave. Representative Marzuki has leave to be verified."

Johnson

"DeJaegher."

Speaker Breslin

"Representative DeJaegher. Is the Gentleman in the chamber? Representative DeJaegher. The Gentleman is not in the chamber. Remove him. Representative Dunn, for what reason do you rise? Representative Dunn, Ralph Dunn asks leave to be verified. The Gentleman has leave."

Johnson

"Domico."

Speaker Breslin

"Representative Domico? Representative Domico is in his chair."

Johnson

"Doyle."

Speaker Breslin

"Representative Doyle? Representative Doyle? Is the Gentleman in the chamber? The Gentleman is not in the chamber. Remove him."

Johnson

"Hoffman."

Speaker Breslin

"Representative Hoffman. The Gentleman is in the back of the chamber."

Johnson

"McPike."

Speaker Breslin

"Representative McPike is in his chair."

Johnson

"Peterson."

Speaker Breslin

"Representative Peterson is in the chamber. Representative Ebbesen, for what reason do you rise? Representative Ebbesen."

Ebbesen

"Would you please change my vote to 'aye'?"

Speaker Breslin

"Representative Ebbesen changes his 'no' vote to 'aye'."

Johnson

"Taylor."

Speaker Breslin

"Representative Koehler is in her..." 165 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Johnson

"No, no. Taylor. Taylor."

Speaker Breslin

"Representative Taylor? Representative Taylor. Is the Gentleman in the chamber? The Gentleman is not in the chamber. Remove Representative Taylor."

Johnson

"Vitek."

Speaker Breslin

"Representative Vitek? Representative Vitek is also in the nurse's station, I am informed. Do you wish to have him removed, Representative?"

Johnson

"No. No, I don't wish to have him removed."

Speaker Breslin

"leave Representative Vitek on the Roll Call, Mr. Clerk."

Johnson

"White."

Speaker Breslin

"Representative White is in his chair."

Johnson

"Yourell."

Speaker Breslin

"Representative Yourell? Representative Yourell? Is the Gentleman in the chamber? The Gentleman is not in the chamber. Remove Representative Yourell."

Johnson

"Wolf."

Speaker Breslin

"Representative Wolf? Representative Wolf? Is the Gentleman in the chamber? The Gentleman is not in the chamber. Remove Representative Wolf from the Roll Call."

Johnson

"Richmond."

Speaker Breslin

"Representative Richmond? Representative Richmond? Is the Gentleman in the chamber? The Gentleman is not in the chamber. Remove Representative Richmond."

Johnson

"Nash."

Speaker Breslin

"Representative Nash is in the back of the chamber."

Johnson

"Just let me have one minute. Keane."

Speaker Breslin

"Representative Keane is in his chair."

Johnson

"Farley."

Speaker Breslin

"Representative Farley is in his chair. Representative DeJaegher has returned to the Roll Call, as 166 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 has Representative Braun."

Johnson

"What's the count, Madam Speaker?"

Speaker Breslin

"They wish to be added to the Roll Call. Representative Braun, for what reason do you rise?"

Braun

"Thank you, Madam Speaker. I was in the nurse's station, and I understood, I was given to understand that the person who was verifying this Roll Call was so advised. I have gotten out of the nurse's station to come back over here so that my name can be put on.. back on this Bill, but I must say that, given the fact that we are in... spending long hours, and there are many people here who have health problems, it is probably a very... a cruel act to remove a person who is presently in the nurse's station under... under nurse's care, on a verification, and I don't appreciate it."

Speaker Breslin

"Thank you, Representative Braun. Your point is well taken. Representative Johnson, do you have any further questions of the Affirmative Roll Call?"

Johnson

"No. No more. No."

Speaker Breslin

"Representative Barnes asks leave to be voted 'aye'. Representative Barnes is to be returned to the Roll Call. Excuse me. Representative Karpiel? Representative Karpiel asks leave to change her vote... or, asks leave to be voted 'aye'. Representative Satterthwaite asks leave to be voted 'aye'. Representative Hannig wishes to be recorded as voting 'aye'. Change his vote from 'no' to 'aye'. Representative Turner asks leave to change his vote from 'no' to 'aye'."

Johnson

"It's obvious no matter how many we verify, there will always be one more, so we'll withdraw the request."

Speaker Breslin

"The Gentleman withdraws his request for a verification of the Roll Call. Mr. Clerk, how many votes are there on this Bill? On this Conference Committee 167 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Report #1 to House Bill 104, there are 72 voting 'aye', 38 voting 'no', and the Bill receives the necessary Three-Fifths Constitutional Majority and is declared passed. Appearing next on your Calendar is House Bill 114. Representative Brookins. Representative Brookins."

Brookins

"Madam Speaker, in the Senate, they requested a Second Conference, so would I ask you to pass momentarily?"

Speaker Breslin

"Representative Brookins asks for a Second Conference Committee Re... to meet on House Bill 114. The Conference Committee may meet. Appearing next on your Calendar is House Bill 320, Representative Brunsvold. Representative Brunsvold, out of the record. Appearing next on your Calendar is House Bill 690, Representative Homer."

Homer

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. House Bill 690 created the offense of unlawful interference with public utilities' services. Senate Amendment 1 would have created a presumption that if certain conditions were met, that the person was guilty of that offense. There were concerns expressed in the House that I felt were valid ones, to creating such a presumption. Therefore, in the Conference Committee Report, which I am asking the House to approve - Conference Committee Report 1 - the presumption language was changed to language creating a prima facie case, the difference being that, no longer would a person who complied with those basic requirements be presumed to be guilty of that offense, but rather, merely a prima facie case would be met, allowing the prosecution to avoid a directed verdict. I would urge your favorable consideration for this Conference Committee Report."

Speaker Breslin

"The Gentleman moves to adopt Conference Committee Report #1 to House Bill 690, and on that 168 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 question, the Gentleman from Cook, Representative Jaffe."

Jaffe

"Yes, Madam Speaker and Members of the House, I rise in opposition to House Bill 690. I wish everybody would pull it out and take a look at this particular Bill. If... It's really a doozy. If you're a property owner, you ought to be very, very frightened of this particular Bill, because for the purposes of this Section, there's a prima facie criminal case against you if you're the person in whose name public water, gas or power supply was last billed and who is receiving the economic benefit of this supply, because if you're that particular person, and it happens that for some reason there was a diversion through a... from passing through a metering device or there was prevention from being correctly registered by a metering device or there was activated by any device installed to obtain public water, gas or power supply without a metering device, you're going to be guilty of a crime. I think if any property owner looks at this, they're going to be absolutely astounded, because they're going to find that the state can come in without really proving a case. All they have to do is show this prima facie evidence, and then it's incumbent upon you to prove that you're really not guilty. I think it's a terrible concept. It's not the way the criminal law ought to be. Criminal law ought to be that the - and it is - that the person who is guilty of a crime has to be proven guilty beyond a reasonable, you know, doubt. What we should not do in our state is say that all of a sudden we're going to give State's Attorneys prima facie evidence, and we're going to give them prima facie evidence in favor of utility companies, and also, it's a special interest groups. I think it's a terrible Bill. I think it ought to be defeated."

Speaker Breslin

Speaker Breslin: "The Gentleman from DuPage, Representative 169 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 McCracken."

McCracken

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I rise in support of the Conference Committee Report on House Bill 690. When this originally came back from the Senate, Senator Sangmeister had placed a presumption of guilt on that. Upon reviewing that, I thought that was too stringent a remedy for an inherent problem which we must deal with. The utilities have the right to have their services paid for, so it is not unreasonable to criminalize this type of theft. But, in the absence of some sort of surveillance, which would give you direct evidence, you can virtually never get past a directed verdict. Now, that is why the device of prima facie evidence has been created, and this is a common device in criminal law. If you look to Section 16.1-1 of the Illinois Criminal Code, you will see that there is a prima facie evidence standard for the offense of theft by a leasee. In cases where probable cause can be established giving a prosecutor the right to bring a criminal charge, but where, in the absence of surveillance or some extraordinary type of evidence, it is not possible to prove the crime because of the nature of the crime, it is not uncommon to create either a presumption or this prima facie evidence standard. We have chosen this standard because it obviates the biggest problem with the presumption, and that is the jury instructions. On a presumption of guilt, a prosecutor can get a jury instruction that the defendant is presumed guilty. Now, we thought that was too strong. That's not warranted in this type of case. However, that problem does not exist with the prima facie evidence standard. No jury instruction follows the defendant. He is not presumed to be guilty. All this does is get by a directed verdict so that the fact finder can make the 170 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 decision based on the evidence. He is still required to be proved beyond a reasonable doubt. The burden never switches to the defendant. There is no presumption of guilt. This is a reasonable compromise measure. It has authority in criminal law precedent. It's a reasonable measure. I ask your support."

Speaker Breslin

"The Gentleman from Cook, Representative Greiman."

Greiman

"Thank you, Madam Speaker. A parliamentary inquiry. How many votes would this take for passage?"

Speaker Breslin

"We will... We will check that out, Representative, and get back to you."

Greiman

"Well, excuse me. The reason why I raised that is because I note that the typist has failed to fill in the names on page two of the Conference Report to... First Conference Report to 690, and that seems like a serious thing. I take it there's some rule."

Speaker Breslin

"According to our list, this Bill requires 60 votes for passage, Representative Greiman. On what basis would you suggest that it would be different?"

Greiman

"Well, no, no. Not that the passage would be, but that in order to consider this Conference Report, it would require 72 votes to... 71 votes to suspend the rule which requires that signatures be typed... that names be typed in on the Conference Report. So that, although the Bill may take 60 votes, the Conference Report is out of order."

Speaker Breslin

"Your point is well taken, Representative Greiman. Representative Homer, has there been a second Report circulated?"

Homer

"Madam Speaker, when this Bill was called earlier, Representative Jaffe raised the same technical objection, following which I filed a First Corrected Conference Committee Report in which the signatures were typed and new 171 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 signatures were obtained. That report was filed at 3:00 p.m. As of a few moments ago, that report had not yet been forwarded to the printer. I would advise that the report has been filed. We took this Bill from the record earlier to meet that objection. I would move to suspend the appropriate rule to allow this Bill to be considered without the typewritten report... names."

Speaker Breslin

"Representative Greiman on a point of order."

Greiman

"Madam Speaker, the rule that the Gentleman addresses cannot be suspended. It is a rule in the Constitution of the State of Illinois that at the time of final passage, the Bill must be on our desks, and if the Bill has not been... if the Conference Report has been filed but not placed on our desks, it cannot be considered. He cannot waive the rule. That is the Constitution."

Speaker Breslin

"Representative Greiman, I believe the rule that Representative Homer asked to suspend is one to allow the First Conference Committee Report, uncorrected, to be heard, and that Motion does take 71 votes. Is that correct, Representative Homer? Is that your request?"

Homer

"That is... That is correct. I'm asking that we suspend the rule with regard to the First Conference Committee Report."

Speaker Breslin

"Very good. On that Motion, the Gentleman from Lake, Representative Matijevich. No?"

Matijevich

"No, I want to speak against the Bill."

Speaker Breslin

"Okay. Who would like to speak to the Motion to suspend the rule? The Gentleman from DuPage, Representative McCracken."

McCracken

"Thank you, Madam Speaker. The original Conference Committee Report was circulated to all Members. All Members but two signed that original report. I personally took it down to Representative Jaffe, who declined to sign 172 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 it. I'm advised Representative Homer took it to Representative Cullerton, who declined to sign it. There is no fault on the merits relative to the Conference Committee Report. Part of the reason for the requirement of the signatures is to indicate who those persons are on the Committee. It is a form of a safeguard to ensure that the proper Members are included in its consideration. Now, we happen to know who the Conference Committee Members were on that. As a matter of fact, we had met at the Conference Committee Report. I had discussed this matter with Representative Jaffe. We didn't come to any conclusions on the issue of prima facie evidence, but we had discussed it. When the Report was written, I took it down to the Gentleman, and he declined to sign. I am advised Representative Homer did the same thing for Representative Cullerton. There is no surprise. There is no substantive error. I move that we suspend the rule, appropriately."

Speaker Breslin

"The Gentleman from Cook, Representative Jaffe, on the question."

Jaffe

"Parliamentary inquiry, Madam Chairman."

Speaker Breslin

"State your inquiry, Sir."

Jaffe

"Okay. Representative Homer has indicated that he has withdrawn this particular Conference Committee Report and filed a corrected one. I don't know if we really have anything before us, at this particular moment."

Speaker Breslin

"Okay. Representative Homer, the Parliamentarian advises me that by filing a corrected copy, you have, in effect, withdrawn the First Conference Committee Report, and as a consequence, since that is withdrawn, the second one is the one we must act upon, and in that case, Representative Greiman's point is well taken. We cannot suspend a rule to consider a Conference Committee Report that is not upon our desk. The Membership should be 173 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 advised that there has been a tremendous backlog in the printing of these Conference Committee Reports. This is not an unusual circumstance, although, of course, it is indeed regrettable. Representative Matijevich, for what reason do you rise?"

Matijevich

"Well, I think we ought to create a new crime called criminal trespass to Conference Committee Reports, and I understand that Representative Homer and McCracken now are subject to arrest."

Speaker Breslin

"Representative Matijevich, it's a good thing we all have a little humor around here. Representative Homer, is it okay if we take this Bill out of the record and get back to it just as soon as it gets printed? Very good. This Bill is out of the record. The next Bill on our Calendar appears House Bill 1978, Representative Davis."

Davis

"No, out of the record."

Speaker Breslin

"Representative Davis takes this Bill out of the record. The next Bill for consideration is Senate Bill 492, Representative Nash. Senate Bill 492."

Nash

"Thank you, Madam Speaker, ladies and Gentlemen of the House. Senate Bill 492 amends the Insurance Laws Study Commission to change the reporting date of the Commission from March 1, '83 to July 31, '83 and July 31, '85, effective immediately. Any further questions I refer to Representative Winchester."

Speaker Breslin

"The Gentleman moves to adopt Conference Committee Report #1 to Senate Bill 492, and on that question, the Gentleman from Champaign, Representative Johnson."

Johnson

"Well, I hope everybody pays attention, but Representative Nash, my good friend, does a good job of a very short, muddled explanation to a really significant Bill. I should have saved my invective for this Bill, 174 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 because this one, compared to the last one, is like comparing the Atlantic Ocean to a stream. Senate Bill 492 doesn't do very much. It only creates a new 20 member Ambulance Study Commission to extend through 1987. And it further provides in that one, that if the Legislature... one of the legislative Members is defeated for re-election, he continues to be... he or she continue to be on the Commission anyway, even though House Bill 2088 two years ago, the Illinois Insurance Laws Study Commission, did a comprehensive Bill and incorporated in that with respect to ambulance study. It doesn't do very much. It also creates a 20 member Family Laws Study Commission, and in it, it provides that the employees of that Commission are to be hired, quote, 'without regard to the Personnel Code'. That goes throughout here. Even though we have a Personnel Code in Illinois that protects the state against blatant patronage and has certain protections built in, all these new Commissions, or nearly all of them, have the saving language in there, 'without regard to the Personnel Code'. In addition to that, it creates a 16 member Off-Track Betting Commission, also without regard to the Personnel Code, and gives that Off-Track Betting Commission, quote, 'the power to fix the compensation of an executive director and such stenographic and clerical assistants as it considers necessary to carry out a responsibility'. In addition to that, it creates a fourth Commission - an 8 member Committee on Agricultural Workers' Issues, even though the Department of Public Health also... already has a council on migrant labor within its auspices already. In this Commission, the Agricultural Workers' Issues Commission, has the responsibility of, quote, 'maintaining an office or offices for the transaction of its business in any cities of the State of Illinois, may incur all 175 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 necessary expenses, shall study agricultural worker issues in this state, and visit, on a regular basis, migrant worker campsites for recommendations for constructive action in the following areas'. I just invite the members of the press, after this Bill, which undoubtedly is greased just like the last one, two years from now or three years from now or whenever these come up for sunset - and they'll be extended again - I invite you to do a little study and see what the Ambulance Study Commission has done for the people of Illinois, and what the Family Laws Study Commission is going to do for the people of Illinois, and what the Off-Track Betting Commission is going to do for the people of Illinois, and what the Commission on Agricultural Workers' Issues Commission is going to do for the people of Illinois. I submit to you it's going to do one thing. It's going to add about a million dollars to the appropriations of the State of Illinois to create four new Commissions, even though the whole sentiment of this General Assembly, I thought, was to do away with Commissions. But, believe me, these Commissions will go into effect. We'll spend a million dollars. We'll be back here for another tax increase next year and the year after that, because these things cumulatively affect the fiscal picture of the State of Illinois dramatically. In addition to creating those four Commissions, in addition to wiping out the Personnel Code so we can use them as enclaves for our personal patronage, they also increase the Insurance Laws Study Commission by four members. They increase the Illinois State Historical Library Board from three to five members and increase the Ethnic Heritage Commission by four members, from 12 to 16. Those other Commissions that are already in a force and effect, and I suppose everybody has their own opinion of what those do. But this creates four 176 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 new Commissions. It expands three other Commissions, and all it does is, that it just belies the confidence of the people of Illinois. If you ask the people in your district what these Commissions do or why they exist, they'd say it's absolutely ridiculous to have Commissions to do things that are already being done by code departments in the State of Illinois, the only purpose of which is to spend their tax dollars, but we continue to come down here year after year after year and vote to create these things that everybody knows, the vast majority of the people in your district who've got to work for a living, would absolutely oppose. I suppose it's going to pass again. I'm going to ask for a verification, but please, Ladies and Gentlemen of the House, look at Senate Bill 492. Look at what we did yesterday and really ask if it's necessary to create four new Commissions, expand three other Commissions, some of which undoubtedly are doing a good job, and ask if the people of your district really want this kind of responsibility in government. It's a bad concept, and I urge a 'no' vote."

Speaker Breslin

"The Gentleman from Cook, Representative Ronan."

Ronan

"Yeah, Madam Speaker, I just rise in support of this legislation. I have a couple of questions of the distinguished Member on the other side of the aisle who just gave this diatribe against the Commissions. Representative Johnson.."

Speaker Breslin

"Representative Ronan, that is out of order. Questions may only be placed to the Sponsor."

Ronan

"Well then, you know, my only response in favor of these Commissions is that I think that they're going to do a good job for the people here in the State of Illinois, and I'm sick and tired of listening to diatribes about these people trying to save the taxpayers' money. He represents a 177 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 district that's got the University of Illinois, one of the greatest institutions here in the State of Illinois. He didn't even have the guts to vote for the income tax last night. My attitude is that it was a tough vote last night. We did what we had to do. I voted for it, and I think about... it's about time we got about the business of the State of Illinois. These are needed Commissions that are something that we have to do. It's something that's been agreed to by Leadership on both sides of the aisle, and I urge an 'aye' vote on this Bill."

Speaker Breslin

"The Gentleman from Peoria, Representative Tuerk, on a point of order."

Tuerk

"Well, I wish you'd tell that last speaker just to keep his mouth shut. He's way out of line, and he shouldn't be admonishing Representative Johnson..."

Speaker Breslin

"Representative Tuerk..."

Tuerk

"...Because Johnson feels sincere about his opposition, and he should be allowed to speak. And I think he's totally out of order."

Speaker Breslin

"Representative Tuerk, your point is well taken. All Members are admonished to abide by the rules. Representative Johnson on a point of personal privilege."

Johnson

"Well, I didn't think... I didn't think we were going to carry this to the point of personal attack, and I also didn't think we were going to carry it to the place of comparing the University of Illinois, which, by the way, while it was in my district, isn't now. I certainly feel an obligation to help higher education, and I'm proud to have been a part of the district, but it isn't. If the distinguished Representative would look at the map that they drew for me and that I now serve, the University of Illinois is well served by Representative Satterthwaite. But, if he's comparing the University of Illinois to the 178 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Ambulance Study Commission, the Family Laws Study Commission, the Off-Track Betting Commission and the Commission on Agricultural Workers' Issues, then maybe Representative Ronan and I just have a different set of priorities."

Speaker Breslin

"The Lady from DuPage, Representative Nelson."

Nelson

"Thank you very much, Madam Speaker, Members of the House. I don't care if Leadership has agreed on these Commission Bills. That does not make it right. I can't understand why anyone would put a green light on a Bill like this. It is embarrassing to Members of the General Assembly who have to go home and explain, because when the headlines come out, the headlines always read, the General Assembly does this, or passes more study Commissions. It is not true that these are necessary, and I would urge you to vote 'no'."

Speaker Breslin

"The Gentleman from Winnebago, Representative Giorgi."

Giorgi

"Madam Speaker, I resent the last two speakers."

Speaker Breslin

"Representative Giorgi, you are recognized to speak on the issue."

Giorgi

"I'm speaking on the issue, because they took umbrage with the issue. And the issue is money for a Commission. Now, the lottery, without the benefit of a Commission or Committee study because of minds like the last two minds, had to go out on its own to find out that the lottery could be beneficial for the State of Illinois. It is now the fourth greatest tax producer. And I've talked to the Governor's people - he... not the Governor himself. They're interested in off-track betting study, because an off-track betting study in the State of Illinois would mean another 80 million dollars to the state, 80 million dollars to the breeders of Illinois, and 80 million dollars to the 179 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 tracks. These Commissions provide a very needed purpose. I think the last two speakers would not want to abolish the School Problems Commission, when all of us are concerned with the school problems of this state, the state with one of the highest drop out rates in the nation from the school system, from the two people who feel they are protectors of the system, and I do... I do feel that a person that has a university as great as the University of Illinois in his district ought to support the support of that school by voting for taxes needed to keep that school going."

Speaker Breslin

"The Gentleman from Effingham, Representative Brummer."

Brummer

"Yes, I would tend to agree with Representative Giorgi, and I would suggest that the Ambulance Study Commission, the Family Laws Study Commission and these other Commissions have already made a lot of money for the State of Illinois, probably about 1 billion dollars last night."

Speaker Breslin

"Since no one else is seeking recognition, the Gentleman from Hardin, Representative Winchester, to close."

Winchester

"Thank you, Madam Speaker. I'm sorry that this issue got so out of control and so many hard feelings and hard remarks were being passed back and forth between these two aisles. This is a controversial piece of legislation, yes. Let's face that. But we've always had Commissions. We're always going to continue to have Commissions. We have Water Resources Commission. We have Energy and Natural Resources Commission, Status of Women, Rape Study, Legislative Investigating Commission, all Commissions that probably somewhere along the line, somebody had doubts about how successful it would be, whether it was a ripoff of the state monies. But all of those Commissions have proven to very valuable tools to the Members of this General 180 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Assembly, very valuable tools. These new Commissions are all important topics that need to be studied in this state. Ambulance service is very important in my area of the state. The need for ambulance services or the need not for ambulance services is very important. Let's face it. We have been gradually eroding away the tools that we need to take care of our constituents. Here is just one more effort to erode an important tool in taking care of our efforts to represent our constituents. One Gentleman... One Gentleman indicated that our district, our... our constituents could care less about these Committees. I submit to you that they could care less about what we're doing on this House floor, and they care more what's going on in these Commissions, because these Commissions are going to the people in the communities around the state, holding testimony, giving people an opportunity to explain their views on important subjects, where they can't come to Springfield, but they can drive 25 miles to a Commission hearing. And that's what those things... That's what these Commissions want to do throughout the state, and based on that, I would ask for a green vote."

Speaker Breslin

"The Gentleman moves for adoption of Conference Committee Report #1 to Senate Bill 492. All those in favor vote 'aye', all those opposed vote 'nay'. This Bill requires a Three-Fifths Majority for passage. Have all voted who wish? The Gentleman from Lake, Representative Pierce, to explain his vote."

Pierce

"Madam Speaker, Ladies and Gentlemen of the House, I should think if you want to better serve our constituents, instead of money for some of these Commissions, our leaders might agree to more money for home office expense for the Members. We can't serve our constituents now. We run out of home office expense money in March and April. They're 181 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 refusing, absolutely refusing to give us a dime more for home office expense, despite voting for new taxes. We have to close down our legislative office in the district. Instead of all these silly Commissions, why don't they agree to let us do our job? We're down to sharing a secretary, here in Springfield. We don't even have a full-time secretary here. They won't give us enough money to have a secretary in the district, and yet, they create all these Commissions, most of which are staffed by political operatives, and for that reason, I'm going to vote 'present'."

Speaker Breslin

"The Gentleman from Cook, Representative McAuliffe, one minute to explain your vote."

McAuliffe

"Well, Mr. Speaker and Ladies and Gentlemen of the House, I'm not from downstate, but I know that the downstate people have a problem with ambulance service. This is a problem that Representative Winchester is interested in because his area is very large, sparsely populated, a lot of small towns. I've been down there a few times on fishing and hunting trips. It's a beautiful area of the state, but they have problems that are unique - a few times, not two times. They have problems that are unique to a rural atmosphere, and I think this is a good Bill for the downstaters and for Representative Winchester to help him out with a problem that is confined to his locality, and I think we should put some more 'aye' votes on there."

Speaker Breslin

"The Gentleman from Lee, Representative Olson, to explain his vote."

Olson

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. To the last speaker, this Representative had a Bill, House Bill 57, to address the issue of ambulances in downstate Illinois. I didn't get it past Postponed 182 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Consideration. I recommend a 'no' vote on this Commission."

Speaker Breslin

"Have all voted who wish? Have all voted who wish? This Bill requires a Three-Fifths Majority for passage. Have all voted who wish? Representative Winchester?"

Winchester

"Well, I know that everyone is concerned about the Commissions and the additional cost that it is to state government, particularly in light of the economic condition that the state was in, and what we did last night. But there are many, many Commissions that are doing a fine, fine job, and there is a need for some new Commissions to address some important issues. On this particular piece of legislation, I have one Commission, yes - Ambulance Study Commission - which I think is important to rural Southern Illinois, and perhaps, all over the State of Illinois. I think it is a topic that certainly does need to be studied very much and in depth, and hopefully, legislation can be recommended to this General Assembly and be enacted that would help many people in rural areas."

Speaker Breslin

"Excuse me. Representative Brummer, for what reason do you rise?"

Brummer

"Yes, I think the individual who is explaining his vote long beyond one minute spoke in debate. He is not the Sponsor, and I think that's contrary to the rules."

Speaker Breslin

"Please... Please bring your remarks to a close, Representative."

Winchester

"Thank you. I think that I am a Cosponsor, the hyphenated Sponsor of the Bill. I think I am a hyphenated Sponsor, Madam Chairman."

Speaker Breslin

"Yes, I believe you are, Sir."

Winchester

"And I was just about to bring my remarks to a conclusion. I would hope, in explaining my vote, I think, 183 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 which I have, explained my vote, as to why I'm voting for it, because of the Ambulance Study Commission and the important tool that this would be to those in rural Illinois to study that problem, to make a recommendation to this General Assembly. And I would hope that we could vote 'aye'."

Speaker Breslin

"The Gentleman from Cook, Representative Nash, to explain his vote."

Nash

"Yes, Madam Speaker, Ladies and Gentlemen of the House. ... spoke about the Ambulance Study Commission. This Commission was created because the Chicago Tribune ran a series of articles, and we found out there's no ambulances in Southern Illinois. Can you imagine having a car accident in the road someplace in Illinois and laying there and dying because you couldn't get an ambulance to take you to the hospital or to a doctor? Just think of that. We need some more 'aye' votes."

Speaker Breslin

"Have all voted who wish? Have all voted who wish? Representative Pangle, for what reason do you rise?"

Pangle

"I rise to explain my vote."

Speaker Breslin

"You have one minute, Sir. Explain your vote."

Pangle

"I would... Yes, as a downstate Representative dealing in rural areas, the farm areas and so forth, I can tell you there's been several deaths in the area because of the ambulance problems that we do have in the Kankakee-Iroquois County area. And I would suggest to anyone that lives within a rural area or downstate would put an 'aye' vote on this Bill. Thank you."

Speaker Breslin

"The Gentleman from Cook, Representative Kulas. One minute to explain your vote."

Kulas

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I, too, rise in support of Senate Bill 498. We've heard a lot of diatribe about how much the Commissions are 184 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 going to cost the taxpayers of the State of Illinois, that they're just havens for ex-Legislators and so on. Well, let me tell you something. Some of these Commissions do a lot of good for the people of the State of Illinois, and as Representative Winchester mentioned, one of these Commissions addresses a problem in his area downstate. Another Commission like the Off-Track Betting Commission is something which would bring in a lot of revenue into this state. The Agricultural Workers' Study Commission is also a problem down south. I think these Commissions are worthy of study, and I think that you should put those green votes up there so we can have these Commissions, have them go out, have them work the state, have them meet with the people, have them work with the people and come back to us and make recommendations so we could pass good laws for the people of the State of Illinois. I would recommend an 'aye' vote."

Speaker Breslin

"The Gentleman from Cook, Representative Brookins, one minute to explain your vote."

Brookins

"Madam Chairman, I concur in this because I have been in towns where the ambulance service is poor. In the rural area, they double up ambulances, what they call a combination. They use a hearse and a ambulance for a ambulance. In the Chicago area, that has been boycotted due to sanitary reasons. So, I think there is reason to have a study in this area."

Speaker Breslin

"The Gentleman from Cook, Representative Harris. One minute to explain your vote."

Harris

"Thank you, Madam Speaker. I voted last night for the income tax increase, and I did that because the people in my district have legitimate concerns about mental health, about education, about public aid, about corrections. They did not have legitimate concerns about some pork barrel, 185 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 patronage laden Commission which is going to do nothing, never turn in a report, and every 'aye' vote on that board is a disservice to the people of this state."

Speaker Breslin

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 73 voting 'aye', 41 voting 'no', and 1 voting 'present'. The Gentleman from Champaign, Representative Johnson."

Johnson

"Verify the Affirmative Roll Call."

Speaker Breslin

"The Gentleman asks for a verification of the Affirmative Roll Call. The Lady from Cook, Representative Barnes. For what reason do you rise?"

Barnes

"Leave to be verified."

Speaker Breslin

"The Lady asks leave to be verified. The Sponsor has asked for a Poll of the Absentees. Before you do that, Sir, could Representative Vitek be verified also? Yes, he may. Representative Hoffman asks leave to be verified also. Representative Hoffman. Poll the three absentees, Mr. Clerk."

Leone

"Poll of the Absentees. Doyle. Mautino and Preston."

Speaker Breslin

"Proceed with a Poll of the Affirmative Roll Call."

Leone

"Poll of the Affirmative. Alexander. Barnes. Berrios. Bowman. Braun. Brookins. Bullock. Capparelli. Christensen. Cullerton. Curran. Currie. Daniels. DeJaegher. DiPrima. Domico. Ralph Dunn. Ebbesen. Farley. Flinn. Dwight Friedrich. Giglio. Giorgi. Greiman. Hannig. Hensel. Hicks. Hoffman. Huff. Hutchins. Jaffe. Keane. Krska. Kulas. Laurino. LeFlore. Leverenz. Levin. Matijevich. McAuliffe. McGann. McPike. Mulcahey. Nash. Oblinger. O'Connell. Panayotovich. Pangle. William Peterson. Rhea. Rice. 186 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Richmond. Ronan. Ropp. Saltsman. Shaw. Slape. Steczo."

Speaker Breslin

"Excuse me, Mr. Clerk. Representative Johnson, could Representative Bowman and Representative Leverenz have leave to be verified? They are over in the Senate working on the budget. And on that question, the Gentleman from Cook, Representative Leverenz, is recognized."

Leverenz

"Thank you, Madam Speaker. What I would like to do is ask leave that on any verification, that Representative Bowman, Leverenz, Reilly and Representative Barnes would have leave to be left on the Roll Call so that we can continue. We're trying to get done tonight."

Speaker Breslin

"Everybody has heard the Gentleman's request. Of course, leave cannot be given automatically, but it will certainly be placed if there are further verifications. Representative Johnson?"

Johnson

"From my standpoint, that's fine. I know you're doing the business of the chamber, and I... that's fine."

Speaker Breslin

"Very good. Very good. Proceed, Mr. Clerk."

Leone

"Levin. Matijevich. McAuliffe. McGann. McPike. Mulcahey. Nash. Oblinger. O'Connell. Panayotovich. Pangle. William Peterson. Rhem. Rice. Richmond. Ronan. Ropp. Saltsman. Shaw. Slape. Steczo. Stuffle. Taylor. Terzich. Topinka. Turner. Van Duyne. Vinson. Vitek. White. Winchester. Wojcik. Wolf. Younge. Yourell and Mr. Speaker."

Speaker Breslin

"Do you have any questions of the Affirmative Roll Call, Representative Johnson?"

Johnson

"Yes, Ma'am."

Speaker Breslin

"Proceed."

Johnson

"Bullock?"

Speaker Breslin

"Representative Bullock. Representative Bullock. Is the Gentleman in the chamber? Remove him." 187 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Johnson

"Representative Christensen?"

Speaker Breslin

"Representative Christensen. Representative Christensen. Is the Gentleman in the chamber? Remove him."

Johnson

"Berrios?"

Speaker Breslin

"Representative Berrios? Representative Berrios. Is the Gentleman in the chamber? Remove him."

Johnson

"Jaffe?"

Speaker Breslin

"Representative Jaffe. Is the Gentleman in the chamber? The Gentleman is not in the chamber. Remove Representative Jaffe."

Johnson

"William Peterson?"

Speaker Breslin

"Representative Peterson is in the chamber."

Johnson

"Wojcik?"

Speaker Breslin

"Representative Wojcik is in her chair."

Johnson

"Curran?"

Speaker Breslin

"Representative Curran is in the front of the chamber."

Johnson

"DeJaegher?"

Speaker Breslin

"Representative DeJaegher is in his chair."

Johnson

"Domico? Oh, no. He's here ... mark off... Doyle?"

Speaker Breslin

"Representative Doyle? Representative Doyle is not voting."

Johnson

"Representative Ebbesen?"

Speaker Breslin

"Representative Ebbesen? Representative Ebbesen? Is the Gentleman in the chamber? Remove Representative Ebbesen."

Johnson

"Farley."

Speaker Breslin

"Representative Pedersen, for what reason do you rise? Representative Pedersen. Your light is flashing. No? Very good. Excuse me, Representative Johnson. Who did you call?"

Johnson

"Last?" 188 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Breslin

"Yes."

Johnson

"I think, Farley."

Speaker Breslin

"Representative Farley. The Gentleman is in his chair."

Johnson

"Representative Giorgi? I can't see through the people. I'm not trying to hold this up, here."

Speaker Breslin

"Could you clear the aisle, Gentlemen, so that the Gentleman can see who is..."

Johnson

"Giorgi?"

Speaker Breslin

"Representative Giorgi. Is the Gentleman in the chamber? The Gentleman is not in the chamber. Remove him. Representative Ebbesen has returned to the floor. Add him to the Roll Call."

Johnson

"Greiman?"

Speaker Breslin

"Representative Greiman? Is the Gentleman in the chamber?"

Johnson

"No, I don't want to knock him. I... he's just back behind..."

Speaker Breslin

"Okay. Leave Representative Greiman on the Roll Call."

Johnson

"Hicks?"

Speaker Breslin

"Representative Hicks. Representative Hicks. Is the Gentleman in the chamber? Remove Representative Hicks. Representative Giorgi has returned to the floor. Add him to the Roll Call."

Johnson

"Hutchins?"

Speaker Breslin

"Representative Hutchins. The Gentleman is in his chair."

Johnson

"Representative Capparelli?"

Speaker Breslin

"Representative Capparelli is in the aisle."

Johnson

"Representative Richmond."

Speaker Breslin

"Representative Richmond. Representative Richmond. Is the Gentleman in the chamber? The Gentleman 189 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 is not in the chamber. Remove Representative Richmond."

Johnson

"Taylor?"

Speaker Breslin

"Representative Taylor. Is the Gentleman in the chamber? Representative Taylor. The Gentleman is not in the chamber. Remove Representative Taylor."

Johnson

"Shaw?"

Speaker Breslin

"Representative Shaw. Representative Shaw. The Gentleman is in the back of the chamber."

Johnson

"I'm not going to... I'm not going to verify Representative Vitek. I understand he's in the nurse's station. Representative Wolf?"

Speaker Breslin

"Representative Wolf is in his chair."

Johnson

"Van Duyne?"

Speaker Breslin

"Representative Van Duyne. Representative Van Duyne. Is the Gentleman in the chamber? Remove Representative Van Duyne."

Johnson

"Shaw?"

Speaker Breslin

"Representative Shaw has already been verified once."

Johnson

"White?"

Speaker Breslin

"Representative White is in his chair."

Johnson

"What name did I call? I'm sorry."

Speaker Breslin

"The last person you called was Representative White, and he is in his chair."

Johnson

"Just one minute. That's all."

Speaker Breslin

"You have no further questions of the Affirmative Roll? Is that correct?"

Johnson

"That's correct."

Speaker Breslin

"Mr. Clerk, what is the Roll Call? Representative Preston, for what reason do you rise?"

Preston

"I'm sorry. Were you about to ask the Clerk for the Roll Call?"

Speaker Breslin

"Yes. I was asking the Clerk the Roll Call. 190 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 There are 65 'aye' and 41 'no'. Representative Preston asks leave to be recorded as voting 'no'. Therefore, there are 65 'aye', 42 'no', and this Conference Committee Report is not adopted. Representative Nash requests a Second Conference Committee on Senate Bill 492. Are there any objections? There being no objections, the Second Conference Committee is appropriate. Appearing on your Calendar on page four, still under Conference Committee Reports, appears Senate Bill 589, Representative Leverenz. Out of the record. Ladies and Gentlemen, the Chair will now go to the Order of Speaker's Table on your Regular Order of Call, page four on your Calendar. Speaker's Table, House Resolution 77. Out of the record. House Resolution 90. Out of the record. House Resolution 159. Out of the record. House Resolution 224. Out of the record. House Resolution 244, Representative Huff."

Huff

"Thank you, Madam Speaker, Ladies and Gentlemen of the Assembly. This Resolution was cleared by the Minority Spokesman on the other side of the aisle. I assure you, Ladies and Gentlemen, that it's absolutely a noncontroversial Resolution. It's about revenues. It's an attempt to raise additional revenues for the public school system in Chicago and all other school districts throughout the state. In Chicago, Ladies and Gentlemen... I might also add that this Resolution was developed by our Commission, for those of you who are interested. The Chicago Board of Education has 900 acres of property assets, and I was surprised to find out, at the time we found this, that the Board of Education wasn't even aware of it. But what we are trying to do is raise additional revenues by asking Congress to enable... to enact legislation that would allow us to sell 100% of the depreciated value of this property. This property is 191 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 appraised at 1,200,000,000 dollars. If Congress will see fit to allow the Board of Education to sell this property at 100% depreciation, it is conceivable that we could raise revenues equal to the appraised value, and I ask for your favorable vote."

Speaker Breslin

"The Gentleman has moved that the House adopt House Resolution 244. And on that question, is there any discussion? The Lady from DuPage, Representative Nelson."

Nelson

"Thank you, Madam Speaker. I don't have a copy of that Resolution. Has it been printed and distributed?"

Speaker Breslin

"Mr. Clerk, has this been distributed? It is... It is printed in the Journal. It was adopted in Committee and is printed in the Journal. It has gone through the regular Committee course. Are there any other questions? Is there any further discussion on this issue? There being no further discussion, the question before... Representative Nelson, the Lady from DuPage."

Nelson

"Doesn't it need to be distributed?"

Speaker Breslin

"It will..."

Nelson

"Printing it in the Journal does not seem to me the same thing as the constitutional requirement to have it printed and distributed on our desks."

Speaker Breslin

"Only if you are... Except keeping your Journal on your desks again, as with a regular Bill, would it be brought to your desk again. This Bill was introduced, read a first time, gone to Committee, read a second time - rather, a Resolution, I should say. So, it went to Committee and was adopted in Committee. It is not required that it be on the Members' desks if it went through Committee. Do you have any questions on the Resolution, Representative?"

Nelson

"Yes, I do. A Page found a copy of it for me."

Speaker Breslin

"Proceed." 192 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Nelson

"And I had not seen it before. Question of the Sponsor."

Speaker Breslin

"The Gentleman will yield to a question."

Nelson

"Thank you. Representative Huff, it says here that a method to assist in the financing of public schools would be to permit public schools to sell to other entities depreciation on the real property assets of said public schools. I can't imagine how that would work. Can you explain that to me?"

Huff

"Yes, Representative Nelson. We would not really be selling the land. That's the problem now. The Board of Education, as I have stated before, has this rather extensive property, and they have been selling piecemeal some of the properties for one-time monetary increments which... which has evaporated quite rapidly. And then the school doesn't have the money or the property. They have fewer property assets. What this system will allow, it will allow the Board to sell the depreciated value without selling the real property. So, it will be able to generate revenues and retain its real property. This is a very common process. It's called syndication. It is very common in the real estate community. But it allows investors to buy in, and it gives the investor an accelerated tax write off."

Nelson

"Well, I regret that I am not as familiar with the... you are..."

Huff

"Well, you know, we discussed this in our Committee, and I remember that you had difficulty grasping the concept then. But it's... Nothing has changed, Representative Nelson."

Nelson

"I guess I do. Thank you for that explanation."

Huff

"Alright."

Speaker Breslin

"The Gentleman from Effingham, Representative Brummer."

Brummer

"Yes, I want to congratulate Representative Huff for 193 STATE OF ILLINOIS 83RD GENEBAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 coming up with the greatest public financing and raid on the Federal Treasury. We just should adopt this statewide. We could sell the depreciated value of this very building we exist in to people who would be glad to pay to be able to have the depreciation from this Capitol Building, and the only people that would lose would be the Federal Government. And then if that didn't generate enough money, we could sell the depreciated value of the State Museum across the street, and the Attorney General's Office, and the Supreme Court Building and various other ones. It's a great gimmick to shift the revenue from the Federal Government to the State of Illinois, and I think this is a marvelous, innovative kind of strange idea, but it's a very good idea. If we can somehow persuade Congress to do this, we could solve all of our tax problems in a hurry."

Speaker Breslin

"There being no further discussion, the Gentleman from Cook, Representative Huff, to close."

Huff

"Thank you, Madam Chairman. I think this is a, as Representative Brummer said, this is an excellent idea. It's a marriage between public education and the private investor. It's a symbiotic coupling that will have tremendous benefits for both parties involved. As... Congress is doing this right now in the private sector. They allow 20%. We're asking for a little bit higher degree than that. We'll let Congress decide it. It's going to cost us nothing. I plead for your favorable vote."

Speaker Breslin

"The Gentleman has moved for the adoption of House Resolution 244. All those in favor vote 'aye', all those opposed vote 'no'. All those in... Have all voted who wish? Representative Brunsvold? Have all voted who wish? The Clerk will take the record. On this Resolution, there are 66 voting 'aye', 39 voting 'no' and 2 voting 194 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 'present'. This Resolution, having received the necessary Majority, is hereby declared passed. On the Regular Order of Call, Speaker's Table, page five on your Calendar, appears House Resolution 290. Out of the record. House Resolution 435, Representative McGann."

McGann

"Thank you, Madam Speaker and Members of the Assembly. Madam Speaker, I wonder if we could amend House Resolution 435 on its face, on page two of line three and four. What it simply does is, it increases the number on the Committee from six to 10, and where it will be five on line four, there will be five instead of three, each appointed by the Speaker of the House and the Minority Leader of the House."

Speaker Breslin

"The Gentleman asks leave to amend the Bill on its face to add Members to the Committee. Please restate the numbers of Members increased, Representative McGann, and..."

McGann

"It's on page... page two, Madam Speaker, line three from six to 10, and in line four, from three to five."

Speaker Breslin

"On page two?"

McGann

"Line three."

Speaker Breslin

"line three? The number is raised from six to 10, and line four, the number is raised from three to five. Does the Gentleman have leave? On that question, the Gentleman from Champaign, Representative Johnson."

Johnson

"Well, I'm just wondering. This is more than just a technical changing an 's' to a 't' or something. This is a substantive change in the composition of the Commission (sic - Committee). Obviously, this is a Resolution, and I'm not going to give McGann a hard time, but I just wanted to know if that's in the auspices... or, within the ambit of the rule to substantively change, by changing on its face. If it is, I'm not going to object."

McGann

"Madam Speaker?" 195 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Johnson

"Just an inquiry of the Chair. Is that a proper method of changing a Resolution?"

Speaker Breslin

"That is correct, Representative. The amending process can be done in that manner if there is leave."

Johnson

"Okay. I don't object."

Speaker Breslin

"The Gentleman from McLean, Representative Ropp."

Ropp

"I'd just like to request the Sponsor to give us some reason why he wanted to increase those numbers, please."

McGann

"Yes, thank you, Madam Speaker. Representative Ropp, this change has been cleared from both sides of the aisle. And the reason was that Representative Zwick, Bowman, Topinka, White, Barnes, Hastert, Vinson, Ronan, Keane and myself were involved. And they felt as though that the topic of this special Committee would be so important they all would want to be involved in that area. So, that's the reason it was changed to 10."

Ropp

"In other words, it's going to improve the quality of the Committee when all those people are assigned to that Committee. Is that right?"

McGann

"That is correct, Representative."

Ropp

"Oh, super. Good."

Speaker Breslin

"The Gentleman from DeWitt, Representative Vinson."

Vinson

"Thank you, Madam Speaker and Members of the House. I rise in support of the Gentleman's Resolution, and I'll tell you why. About a month ago, the Gentleman sought to amend a particular Bill, and I've forgotten what the Bill was, now, but he sought to amend a Bill with a proposal for dealing with the problem of protecting severely handicapped, newly born infants. In my judgment, after studying the proposed Amendment, it was just defective. There were too many problems with that proposed Amendment, 196 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 in my judgment, to support it, and I chose not to support it. The Gentleman has subsequently talked frequently with me on the subject. The Gentleman is sincerely intending to try to address this problem. There are a variety of professional groups who have a very grave interest in the problem. There are very serious problems involved in legal liability. There are very serious problems in terms of trying to protect the lives of these children. The Gentleman wants to address the problem in a comprehensive fashion. I believe the State of Illinois should do that. This would be... create a Committee of the House for that purpose, to report back later in the fall. The Resolution, I believe, has been... the sponsorship of the Resolution has been somewhat changed so that the Members of the House with a variety of viewpoints on the subject will be on that Committee. I believe that by working with the professional groups, by involving those people in the study of the problem, that we can come forth with a statute that will deal with this problem, and I would ask for an 'aye' vote on the Resolution."

Speaker Breslin

"The Lady from Cook, Representative Pullen."

Pullen

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I would like to point out that the Gentleman's Resolution would create a Committee of the House to make a study, and that the expenses of the Committee would be paid out of the funds normally appropriated for House Committees. I would like to point out, as one who stands against Commissions, that this is the proper way to go about making necessary studies for our work. It is a Committee of the House, not a Commission, and it does not require additional expenditures of state funds, and I warmly endorse the Gentleman's Resolution and appreciate that he has gone about it in this fashion." 197 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Breslin

"The Gentleman from Kendall, Representative Hastert."

Hastert

"Madam Speaker, Ladies and Gentlemen of the House, I stand in support of the Gentleman's Motion. The Gentleman has an issue, has a great concern. He's worked hard. He's taken a lot of avenues to try to meet an end of his agenda. I think he's taken a very wise position, here. I think we should open it up and have testimony, hear all the points of view, and I think he's come up with a very good idea, and I support it. And I ask for your support, also."

Speaker Breslin

"The Gentleman from Winnebago, Representative Hallock."

Hallock

"I move the previous question."

Speaker Breslin

"That won't be necessary, Representative. The Gentleman from Cook, Representative McGann, to close."

McGann

"Thank you, Madam Speaker and Members of the Assembly. The speakers on this subject have explained it very, very well. What we're going to do, here, is to have a Committee that's going to involve all those concerned. And we are going to have hearings, and we have the support of the Medical Society, the Nurses' Association, and we also have it from the Hospitals' Association. They welcome this type of a Committee being formed, so I'd ask your favorable vote."

Speaker Breslin

"The Gentleman moves to adopt House Resolution 435. That is the question. All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Resolution, there are 110 voting 'aye', 3 voting 'no', 1 voting 'present'. This Resolution, having received the necessary Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, the House... the Chair will now go to Supplemental #2. On the Order of 198 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Nonconcurrences, there appears Senate Bill 1153, Representative Taylor. Representative Cullerton. Representative Cullerton."

Cullerton

"Yes, thank you, Madam Speaker. I move to refuse to recede on House Amendments, and I believe there are... 8, 9 and 10."

Speaker Breslin

"The Gentleman refuses to... moves to refuse to recede to House Amendments 8, 9 and 10 to Senate Bill 1153. All those in favor... Is there any discussion? There being no discussion, all those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the House refuses to recede to House Amendments 8, 9 and 10 to Senate Bill 1153. Representative Cullerton asks that a Conference Committee be appointed. There being no objections, the Conference Committee will be appointed. On the Order of Nonconcurrences, on your Supplemental Calendar #2, appears Senate Bill 1174, Representative Homer. Representative Homer?"

Homer

"Thank you, Madam Speaker, Ladies and Gentlemen. At this time, I would move to recede from House Amendment #1."

Speaker Breslin

"The Gentleman moves to recede from House Amendment #1 to Senate Bill 1179. On that question, is there any discussion? The Gentleman from Effingham, Representative Brummer."

Brummer

"Are we on the Order of Nonconcurrence?"

Speaker Breslin

"We are on the Order of Nonconcurrences. The Gentleman has moved to recede from House Amendment #1 to Senate Bill 1174."

Brummer

"Okay. I wonder if he... Will this be final passage, then?"

Speaker Breslin

"Yes. This will be final passage."

Brummer

"Okay. If that's the case, I would ask the Gentleman to explain the... briefly, the provisions of the Bill as it 199 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 will go to the Governor's Office with us receding from whichever Amendment we're moving to... from Amendment #1."

Speaker Breslin

"Representative Homer."

Homer

"Thank you. Representative Brummer, what the Bill would consist of, if we should recede, is that under the Prevailing Wage Rate Act, the Bill would allow the Department of Labor to have the authority to sue for injunctive relief in situations where there's been a violation of the Prevailing Wage Rate Act. It would also declare that any contract awarded in violation of the Prevailing Wage Rate Act would be void against public policy and would preclude the recovery, by the contractor, of any costs other than for his out-of-pocket expenses for material and labor. The... The Amendment that was placed on in the House would have made applicable the Prevailing Wage Rate Act to industrial revenue bonding provisions, and the Senate failed to concur, and so, I'm moving to recede, so as to remove that Amendment that was added that would have made the Prevailing Wage Rate Act applicable to industrial revenue bonds."

Speaker Breslin

"Representative Brummer, do you have any further questions? Representative Brummer."

Brummer

"So, this has nothing to do with industrial revenue bonds, if we recede."

Homer

"That is correct."

Brummer

"Okay. Thank you."

Speaker Breslin

"The Gentleman from Adams, Representative Mays."

Mays

"Thank you very much, Madam Speaker, ladies and Gentlemen of the House. I rise in support of this Motion to recede from this Amendment. We've debated this topic a lot in this General Assembly over the last two or three weeks. I think the... there is eminent reasons to withdraw this Amendment, and it definitely enhances a Bill. And I would 200 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 support the Gentleman's Motion to recede."

Speaker Breslin

Speaker Breslin: "Representative Homer. Proceed, Representative."

Homer

"Alright. Thank you. At this time, then, I would simply ask that the House approve my Motion to recede from House Amendment 1 to Senate Bill 1174."

Speaker Breslin

"Excuse me. I believe that there was another question from the Gentleman from Macon, Representative Dunn." Dunn, J.: "Well, thank you, Mr. Speaker and ladies and Gentlemen of the House. Isn't the House Amendment the Prevailing Wage Bill on industrial revenue bonds?"

Homer

"That's correct. The Amendment is that, yes." Dunn, J.: "Well, then, Mr. Speaker and Ladies and Gentlemen of the House, I rise in opposition to the Gentleman's Motion to recede. The industrial revenue bond situation was encompassed, I believe, in House Bill 582, which passed this House overwhelmingly and fell one vote short in the Senate because it was caught in the switches. This Bill was considered in the Senate. I think it was one vote short again. That's the only reason it is back here to recede. I think we should stick to our guns. Third try, I'm sure the Senate will pass this Bill with this Amendment on, and the Amendment is very, very important. It's important to all working people in the State of Illinois. It's important to see to it that they receive a fair day's pay for a fair day's work. Prevailing wage should apply to industrial revenue bonds. Prevailing wage does apply to public works projects in the State of Illinois, and as we have indicated many, many times when this issue was debated on this floor, what we're talking about with industrial revenue bonds is a tax exemption. There is no magic to industrial revenue bonds unless they are filtered through a 201 STATE OF ILLINOIS 83RD GENERAL ASSE MBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 municipality or through the state so that the bonds can be sold as tax-exempt bonds. Tax-exempt bonds mean an advantage to the governmental unit, because the interest rate is lower than it would be on the open market on bonds which are not tax-exempt. To those who purchase tax-exempt bonds, it means that they are free of income tax. Since they are free of income tax, that creates a shortfall on income tax revenues, which must be picked up by all the rest of us. To make it simple, and to say it straight and forward, the rest of us are subsidizing industrial revenue bonds. We do that because we think they are for a good purpose - to solve pollution control problems, to promote growth, to help capital, to stimulate capital investment in our communities. So we are willing to pay a little more in taxes to support these projects, but we pay taxes for industrial revenue bonds just the same as we pay taxes for a fire truck, for the firefighter who drives that truck, for a policeman, for the policeman who rides in the squad car, for municipal waterworks, for sewage treatment, for every other aspect of our governmental operations. If we pay the prevailing wage, when public projects of that nature are constructed and financed all across the State of Illinois, then there is absolutely no reason why we should fail to pay the prevailing wage on industrial revenue bond projects. We should... We should not recede from this Amendment. We should stick to our guns. We should defeat this Motion and send this back, either put in in Conference Committee or do something to get the Senate to put one more vote on this Bill so we can pass it into law, and I'm sure the Governor of this state will have to sign it, because it's fair, it's equitable, it's for the working people of this state. They deserve this break. They need this break. We should pass the prevailing wage into law, and I 202 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 respectfully, with all due respect to the Sponsor of this Motion, I ask that we defeat this Motion, and that we send this Bill into a Conference Committee and work this matter out so that we can get this Bill into law."

Speaker Breslin

"Now, the Gentleman from Fulton, Representative Homer, to close."

Homer

"Thank you... Thank you, Madam Speaker and Ladies and Gentlemen. Very simply, the Bill and the concept of the Bill twice passed the House. The concept of the Bill in two different forms twice failed the Senate. I think it's had a fair hearing in the Senate on two occasions. Each time it came up short of votes. At this time, I think the sensible approach for us to take would be to recede from House Amendment #1, and I would ask that you do so."

Speaker Breslin

"The Gentleman has moved to recede from House Amendment #1 to Senate Bill 1174, and on that question, all those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Mr. Clerk, take the record. On this Motion to recede, there are 94 voting 'aye', 15 voting 'no', none voting 'present', and the House does recede from House Amendment #1 to Senate Bill 1174. This Bill, having received the Three-Fifths Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, the Chair will now continue on, on Supplemental #2, Conference Committee Reports, and Representative Matijevich in the Chair."

Speaker Matijevich

"House Bill 516, the Gentleman from Cook, Representative Capparelli."

Capparelli

"Mr. Speaker, I move to adopt Conference Committee Report #1 on House Bill 516. 516 passed out of here with 101 votes, had some problems with one Section on psychiatrists and psychologists. It provides that the parental rights of a parent who is mentally impaired, 203 STATE OF ILLINOIS 83RD GENEBAL ASSEMLY HOUSE OF BEPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 mentally ill, or mentally retarded or disabled can only be terminated by, one, if a court finds that such a parent is unable to discharge parental responsibilities; two, that such an inability is support by the evidence of a psychiatrist or a clinical psychologist, the inability extends beyond a reasonable time period, and legal council is... mandatory for such a parent. And I move to adopt #1... Conference Committee Report #1."

Speaker Matijevich

"Representative Capparelli has moved to adopt the First Conference Committee Report on House Bill 516. There being no discussion, all in favor will signify by voting 'aye', those opposed by voting 'no'. This is final passage and takes a three-fifths constitutional vote. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 111 'ayes', no 'nays', and the House does adopt the First Conference Committee Report on House Bill 516. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House Bill 1002 is not printed, I understand. House Bill 1054 has not been printed. Has it? You got it? Okay. Alright. House Bill 1002, the Gentlemen from Vermilion, Representative Stuffle."

Stuffle

"Mr. Speaker and Members, the Conference Committee recommends that we adopt the underlying Bill and concur in the Senate Amendment which provided for a notice provision in the meeting of the county board where a county board chooses to meet under the underlying Bill outside the court house in a county owned building. Also the Conference Committee Report provides for changes with regard to the Consolidated Election Law and the tax levy limitations thereunder. As many of you know, since the adoption of the Consolidated Election Law with the three different tax rates in place, many downstate counties under boards of 204 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 election commissions, and county clerks as well, have ran into situations where the levy limit has not been sufficient to cover the cost of elections. In other cases where the levy limit has been used, the opposite has occurred, and they've created an overage, in fact, bringing in more revenue than they needed for the cost of elections. What the Amendment does in the Conference Committee is provide for a two and a half cent increase outside of Cook County in the commission counties and the counties covered by county clerks with a cap that says that level of rate cannot be exceeded if costs are met. So that those counties now that have used the maximum rate and created overages could no longer do so, and no more... no longer effectively, if you will, rat hole money in an election fund. In the case of those counties where there's been an insufficient rate to meet the costs, they would be able to go to the new two and a half cent rate increase level. Again, I point out the cap that's in place. And before we go off on the issue of referendum and nonreferendum rates, I have in front of me a letter addressed to Representative Woodyard, myself and Senator Max Coffey indicating the support of the Illinois Taxpayers' Federation for this specific rate, indicating that when the original rates were put in place, they said they would support an increase, if it can be shown that they were... there was an insufficient rate. That is the case. I have the letter if anyone wants to see it, and they say, quote, 'We are satisfied the counties' request for a small increase in this rate without referendum is reasonable, justifiable and in keeping with our commitment to help counties with this matter. We, therefore, support the request,' referencing the Conference Committee Report to House Bill 1002. I remind you, too, that we also have the cap in place. I reiterate that, so 205 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 that those counties now using the rate that's in place that have made money will no longer be able to rat hole money in an election fund. Currently, the case is, these counties finding it insufficient rate are having to take money out of other funds in the county clerk or election commissions office. I would submit the report and ask for concurrence."

Speaker Matijevich

"Representative Stuffle has moved that the House adopt the Conference Committee Report on House Bill 1002. And on that, the Gentleman from Cook, Representative Yourell. This is the First... First Conference."

Yourell

"Yes, would the Gentleman yield?"

Speaker Matijevich

"He indicates he will. Proceed."

Yourell

"Representative Stuffle, the levy presently is three cents. Is that correct?"

Stuffle

"In the county clerk situations, that's right, Gus."

Yourell

"Yes. Okay. Now you're going to raise that another two and a half cents?"

Stuffle

"Yes. The Bill would say, five and a half cents is the rate or the cost... not to exceed the cost incurred if it were less. In fact, in some counties, Representative, in the figures we have, the three cents has been totally insufficient. In others, the three cents has been more than they've needed, and they've created an overage. So, on one hand, we're trying to take care with the rate increase of those who haven't had sufficient money to meet costs and by putting the cap on preventing those who have used the full rate and made more revenue than they need from rat holing that money in election funds, which they already do."

Yourell

"Why do you suppose three cents is not sufficient in some counties and is sufficient in other counties?"

Stuffle

"I would guess because of the base... tax base... the 206 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 taxable property base that they're working from, obviously, in the amount of revenue that that three cents generates against it, is more than sufficient in some counties and not in others. Representative Woodyard and I developed figures from counties all over the state and called the clerks and commissions to verify that, and that, indeed, is the case. And that's the same finding the Taxpayers' Federation has made."

Yourell

"This only affects counties less than 100,000?"

Stuffle

"No. No, Bus. The original Bill, that your Bill... 1,000,000, counties of a 1,000,000 or more have a nickel. They're not affected by this Bill at all. The election commissions out state and those counties with county clerks and counties under a 1,000,000 are affected by this."

Yourell

"Thank you."

Speaker Matijevich

"The Gentleman from Peoria, Representative Tuerk. DuPage, Gene Hoffman."

Hoffman

"Yes, thank you, Mr. Speaker. Will the Sponsor yield to a question?"

Speaker Matijevich

"He indicates he will. Proceed."

Stuffle

"Yes."

Hoffman

"Thank you. I noticed the increase for the commission counties is from three percent to five and a half. I've contacted our county chairman. We happen to be a commission county in DuPage County. I contacted our county chairman - and we're a small county out to the west of the great City of Chicago - and he said he didn't ask for this. He said, in fact, they're getting along fine, and they would prefer not to have their rate increased."

Stuffle

"This doesn't increase their rate. It only allows them to increase it if they have excess costs not met by the existing rate. In fact, the current law doesn't have a cap except for the rate. Under the current law, the rate can 207 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 be utilized, Representative Hoffman, and if it creates an overage at the end of the year, they can put that in a special election fund. This Bill would allow the rate to go up two and a half cents if need be, but if your county's already covering their costs, they could not exceed those costs. That's in the second part of the Amendment, wherein it says, 'shall not exceed the rate provided for in this Section or the rate necessary to cover actual expense of conducting elections and maintaining a system of permanent registration of voters, whichever shall be the lesser of the two', and that's the only way we could get the Taxpayers' Federation to agree, or Representative Woodyard and I to put this on here."

Hoffman

"How many commission counties are there?"

Stuffle

"I don't recall. I think there are about seven or something like that."

Hoffman

"There are that many? Alright. I thought there was only..."

Stuffle

"Commissions, rather, I'm not saying..."

Hoffman

"I mean, I'm talking about counties with election commissions."

Stuffle

"I'm not sure how many full counties have them. Several cities have them."

Hoffman

"Alright. Thank you very much. I appreciate the problem that this Bill is addressing. I've looked at some figures. I know some of the downstate counties are drawing money off of their general levy in order to pay for their election expenses, and I can appreciate the need... the need for this Bill. I had... I guess... I guess I should have kept a little closer track of this. It would be presumptuous of me to think that anything that affects DuPage should be run by this desk, but because of my conversation with the County Board Chairman from DuPage 208 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 today and the position that he has taken, I... I think I must take a position that is not in support of this legislation."

Speaker Matijevich

"The Gentleman from Cook, Representative Piel."

Piel

"Will the Gentleman yield to a question, please?"

Speaker Matijevich

"Indicates he will."

Piel

"Just one quick question, Larry, and I'm... I apologize ahead of time if it took place in the previous conversation, because I didn't catch that. Is this a voter approved or nonvoter approved tax increase? I'm not sure, you know, by reading..."

Stuffle

"That other conversation went like this, Representative, in answering two questions. It went like this. Number one, it's not voter approved, but there's a cap put on it so that in his case - Representative Hoffman's - he could not exceed actual... actual costs, and, in fact, if the rate weren't needed, he couldn't go over the cost. Some counties don't even use the rate they have now, and they couldn't use even that rate under this Bill. They could use only actual costs in either case, or the rate, whichever is less."

Piel

"Fine. Thank you very much."

Speaker Matijevich

"The Gentleman from Cook, Representative Piel. Oh, you finished. The Gentleman from Cook, Representative Kulas."

Kulas

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. One of the previous speakers voted yesterday to raise the real estate tax in Chicago but today, because it affects his county, he's against this Bill. I think it's a good Bill, and I think all of you who voted to raise the real estate taxes in Chicago should vote for this Bill."

Speaker Matijevich

"The Gentleman from Edgar, Representative 209 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Woodyard. One moment. Representative Hoffman, for what purpose do you rise?"

Hoffman

"I can only say one thing to Representative Kulas. Touche."

Speaker Matijevich

"Representative Woodyard."

Woodyard

"Thank you, Mr. Speaker. I also rise in support of this measure. When we were first contacted by the Urban Counties Council to use our Bill in this regard, my inclination was not to do it. Then, when we started looking at the losses suffered by some of the counties because we mandated... we mandated the Consolidated Election Law, I began to realize that this is only fair and just. And we did get a print out and a sheet as to what some of the counties are losing because of that consolidated election. Winnebago County, I think, is a good example of this, where they had to dip into their county corporate fund to the tune of 160,000 dollars last year. Vermilion County, this year alone, will be short 160,000 dollars. Champaign, 67,000. Macon almost 100,000 dollars. I think it's only fair and just that we give those counties that are in that situation the right to increase that levy, while at the same time maintaining the integrity of those counties that can raise enough money. They will not be able to raise more money than the actual expense itself, and so I urge your 'aye' vote on 1002."

Speaker Matijevich

"The Gentleman from Cook, Representative Marzuki."

Marzuki

"Move the prev..."

Speaker Matijevich

"The Gentleman moves the..."

Marzuki

"Move the previous question."

Speaker Matijevich

"... question. The question is, 'Shall the main question be put?' Those in favor say 'aye', opposed 'nay', and the main question is put. The Gentleman from 210 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Vermilion, Representative Stuffle, to close."

Stuffle

"I just reiterate to you, that in the situation Representative Hoffman finds himself in, his county board chairman and his county board would be setting the levy. They would be subject to the limitation in this Bill of actual expense as the bottom line or the rate. If they're getting along well now, then they would not be able to increase the rate. It's up to them, not to us. The situations, as Representative Woodyard expressed it, the problem exists. They have to rob Peter to pay Paul in some counties, and they have... they get to rat hole money in others. We would take care of both problems with this particular Amendment to this Bill which, I also repeat, is supported by the Taxpayers' Federation of Illinois. And I ask your affirmative..."

Speaker Matijevich

"Representative Stuffle moves that the House do adopt the First Conference Committee Report of House Bill 1054 (sic - 1002). Those in favor signify by voting 'aye', those opposed by voting 'no'. This is final passage and requires Three-Fifths Majority. Have all voted? Representative Koehler, one minute to explain her vote."

Koehler

"Thank you, Mr. Speaker. Well, Mr. Speaker, I believe that you said House Bill 1054, and that's the next Bill coming up. This is 1002."

Speaker Matijevich

"Oh, 1002. I'm sorry. You're correct, Representative Koehler, 1002. Have all voted who wish? Have all voted who wish? Representative Davis, one minute to explain his vote."

Davis

"Well, I'm going to vote 'no' simply because... Yeah, I am, ah. The Chicago wanted it to open their schools. The rest of the counties don't want it, and I... every other Bill so far has been a tax Bill. And I'm going to vote 'no'." 211 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"The Lady from Sangamon, Representative Oblinger, one minute to explain her vote."

Oblinger

"Thank you, Mr. Speaker and Members of the House. One of the things we don't have any control over is county clerks... is that great wonderful thing you have to do which is, to advertise in the paper. You have to put in the ballot that you're going to have. The newspapers here will not give the regular commercial rate. They won't give the rate for community service. We have to pay the political advertising rate, and this really wrecks the county treasury. We do need this kind of help in order for our county clerks and our city commissions to be able to pay that money without dipping into the funds of the general revenue."

Speaker Matijevich

"Representative Klemm, one minute to... Barger, one minute to explain his vote."

Barger

"Hello. Thank you, Mr. Speaker. It's not very often that I'm willing to support Mr. Stuffle, because Mr. Stuffle, instead of representing the people, normally represents the unions. But in this particular case, Mr. Stuffle is totally right. The unions are only a portion of the..."

Speaker Matijevich

"Let's keep personalities out of the debate under the rules. Proceed."

Barger

"But in this particular case, I could do nothing else but support him because his Bill, this time, is based totally on logic, totally upon the need of the people. It is a good Bill under this particular circumstance, and I am proud to have the opportunity to support him in this one instance. Thank you."

Speaker Matijevich

"Have all voted? Have all voted who wish? The Clerk will... Representative Stuffle, do you want to explain your vote?" 212 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Stuffle

"Just to repeat that the situation is one that those counties that meet their actual cost would not be able to increase their levy and would have to reduce it, if they're already meeting it. And I don't even think I'll touch the other comments about... about the unions."

Speaker Matijevich

"Representative Slape, one minute to explain his vote. Have all voted who wish? The Clerk will take the record. On this question, there are 66 'ayes', 48 'nays', and Representative Stuffle asks for a Poll of the Absentees."

Stuffle

"Just go to Second."

Speaker Matijevich

"Alright. And... 66 'ayes', 48 'nays', and the Motion is declared lost. And Representative Stuffle requests a Second Conference Committee. Next Bill is House Bill 1054, Christensen. Representative Ray Christensen. Proceed."

Christensen

"Mr. Speaker, I'll yield to Representative Bus Yourell."

Speaker Matijevich

"The Gentleman yields to Representative Yourell."

Yourell

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The First Conference Committee... I move to adopt the First Conference Committee Report on House Bill 1054. We had a little difficulty with this Bill, as I understand it, when it previously came before us a day or two ago, because there were problems with definitions and so forth. But it seems to me that now the Conferees have produced a product that everybody should be able to vote for, because what it does is determine for the first time, I think, in the State of Illinois that the disposal of liquid hazardous waste cannot be tolerated unless given specific authority from the agency, and the generator of that waste disposal site must meet certain criteria in order for them to 213 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 proceed with the disposal of liquid hazardous waste. And they have to prove to the board that they are able to do this after proof that there is no other way to treat that hazardous waste by recycling, reusing, burning or chemically destroying that waste. And I think this is excellent legislation, and I move the adoption of the Conference Committee Report."

Speaker Matijevich

"Representative Yourell has moved for the adoption of the First Conference Committee Report on House Bill 1054. The Lady from Marshall, Representative Koehler.

Koehler

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of Representative Yourell's Motion, and I would like to point out to the Members that this Bill was a part of the original package that was agreed to by the... by the Speaker of the House and the Minority Leader, Mr. Daniels. The... Representative Yourell was certainly correct when he said that there were some differences in... that were caused by the Amendment placed upon the legislation over in the Senate. There were conflicts in the steps that would be required for banning the liquid hazardous waste. Well, this particular Conference Committee Report retains the original language embodied in the House Bill as it was originally introduced. It simply changes it from a two step process for banning of liquid hazardous waste to a three step process. It also moves up the ban that was initiated in Senate Bill 17... 171. It moved it up six months. I believe that these changes are good, and I would rise to support the Representative's Motion."

Speaker Matijevich

"Representative Yourell and Christensen have moved that the House adopt the First Conference Committee Report on House Bill 1054. Those in favor signify by voting 'aye', opposed by voting 'no'. This is final action 214 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 and requires 71 votes. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 106 'ayes', no 'nays', and the House does adopt the First... Representative Vinson, for what purpose do you rise?"

Vinson

"Mr. Speaker, I didn't get to my switch in time and would appreciate being recorded as voting 'aye' on this."

Speaker Matijevich

Speaker Matijevich: "Vinson 'aye'. 107 'ayes', no 'nays'. Daniels 'aye'. 108 'ayes', no 'nays', and the House does adopt the First Conference Committee Report on House Bill 1054. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House Bill 1143, Representative Keane."

Keane

"Thank you, Mr. Speaker. The First Conference Committee Report on House Bill 1143 consists of some portions that are Bills that have passed before and are back. The first part is the Scandinavian Lekoteks which we passed out of here before, and it allows the State Board of Education to contract with public agencies for the establishment of these play libraries. The second part of the Bill provides that in the event that a school board fails to provide the minimum school term of 176 days of actual pupil attendance, that the only penalty that may be imposed is a reduction in the general state aid in the amount equivalent to .568 for each day less than 176. Part three of the Bill... Part three we also passed here... out of this House before, and that allows police... It just is clarifying language with what police authorities can do in unincorporated areas. Should they drive by and see a school door open, it gives them the authority to go into the building to investigate. And then, the last part clarifies that holders of school service personnel certificates have the same statutory, contractual and school board policy created rights as 215 STATE OF ILLINOIS 83RD GENEBAL ASSE MBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 teachers. I'd be happy to answer any questions."

Speaker Matijevich

"Representative Keane has moved that the House do... do adopt the First Conference Committee Report on House Bill 1143. On that, the Gentleman from DuPage, Representative Hoffman."

Hoffman

"Thank you very much, Mr. Speaker, ladies and Gentlemen of the House. Representative... Representative Keane, this is a Bill that has Lekoteks in it. Is there anything in here to do with private school or parochial school bussing?"

Keane

"No, that will be coming later, Senator."

Hoffman

"Thank you very much. I rise in support of the Gentleman's legislation."

Speaker Matijevich

"Representative Jaffe. The Gentleman from Cook, Representative Jaffe."

Jaffe

"Yeah, would you yield for a question?"

Speaker Matijevich

"Proceed."

Jaffe

"The only thing I really want to know about is this police control, and could you explain that portion of the Amendment to me?"

Keane

"I'm sorry. I didn't hear you."

Jaffe

"You said that there was a portion, and I'm trying to read about police control and giving police the right to enter in. Could you tell me what that really is all about? I just don't know."

Keane

"Okay. Under current law, if a school district acquires real estate for a playground, recreation or athletic purposes that lies partly or wholly outside of but within one mile of a municipality's corporate limits then the municipality must provide police protection over the real estate just as if the property was located within the municipality. This part of the Conference Committee Report clarifies the fact that the police protection shall include 216 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 not only the real estate but also any improvements, including buildings, parking lots and equipment."

Jaffe

"Thank you."

Speaker Matijevich

"Representative Keane has moved that the House do adopt the First Conference Committee Report on House Bill 1143. Those in favor signify by voting 'aye', those opposed by voting 'no'. This is final passage and requires three-fifths vote. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 109 'ayes', and no 'nays'; and the House does adopt the First Conference Committee Report on House Bill 1143. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House Bill 1249, Representative Zwick."

Zwick

"Thank you, Mr. Speaker, Members of the House. I would, first of all, move to suspend 79(a) so that we can hear this. Due to an unintentional error, the names were not typed in under the signatures of the Conference Committee, and I think both sides of the aisle have been talked to about this. Is it all right? Do I have leave to suspend that rule to hear this? Thank you. Okay."

Speaker Matijevich

"Does she have leave to proceed? Leave, and leave is granted. And the rule is suspended. Representative Zwick, proceed."

Zwick

"Thank you, Mr. Speaker. House Bill 1279 (sic - 1249) is simply two technical errors that were brought to my attention after the Bill passed out of both Houses, and it simply corrects some language. It really doesn't do anything terribly substantive except correct some problems that we ran into, and I would ask for your support. This was voted out of the House. I think it was almost unanimous."

Speaker Matijevich

"Representative Zwick has moved that the 217 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 House do adopt the First Conference Committee Report on House Bill 1249. There being no discussion, all in favor signify by voting 'aye', opposed by voting 'no'. This is final action and requires a three-fifths vote. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 98 'ayes', 3 ... 99 'ayes', 3 'nays', 2 answering 'present'. The House does adopt the First Conference Committee Report on House Bill 1249. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1337, Representative Keane. The Gentleman from Cook, Representative Keane."

Keane

"Thank you, Mr. Speaker. Conference Committee Report for House Bill..."

Speaker Matijevich

"One moment. I want to make sure... I believe I said Constitutional Three-Fifths Majority on the last Bill, and it is declared passed. That was House Bill 1249. Just to make sure, put that in the record. Proceed, Representative Keane, on House Bill 1337."

Keane

"Thank you, Mr. Speaker. The Conference Committee Report on House Bill 13 (sic - 1337), the First Conference Committee Report, it sets out minimum payment requirements for foster care for the Department of Children and Family Services. It requires that contracts include the rate schedule, the number of days contracted for, specifications of that portion of the rate to be reimbursed for social service costs, the schedule for regular and special payments. The Amendment has been proposed by the Illinois Catholic Conference to insure level payments for service. Under current DCFS requirements, service contracts are amended throughout the year to account for actual placement costs. The Department itself estimates that contract amendments should approximate 15% of all contracted days, 218 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 and this can result in significant fluctuation in payments. An original contract can be also reduced for a lack of DCFS placements in a particular agency without assurance that minimum administative costs will be covered. Without these assurances, it is difficult to plan agency budgets and staffing plans to guarantee a minimum service capacity. Be happy to answer any questions, and I'd ask for a favorable Roll Call."

Speaker Matijevich

"Representative Keane has moved that the House do adopt the First Conference Committee Report on House Bill 1337. Representative Currie, the Lady from Cook."

Currie

"... of the Sponsor, please?"

Speaker Matijevich

"Proceed."

Currie

"My analysis, Representative Keane, suggests that the Department of Children and Family Services has some problems with the Conference Committee Report on House Bill 1337. Suggests that there is a possibility that this... this way of doing business with agencies that provide care to children may serve to... to pay them above the actual costs of... of placement, that you may lock the Department into a contract early in the year, and they may not actually be able to meet those requirements through the course of the year. The Department also, according to my analysis, suggests that this will be quite an expensive operation, although they do not estimate the specific dollars involved. Can you respond to those concerns, concerns of the Department and concerns of my own?"

Keane

"Sure, I'd be happy to. The problem... The problem rests with the Department of Children and Family Services, more so than with the agency. If, at the beginning of the year, the Department of Children and Family Services says to an agency, 'We would like you to provide 50 beds throughout 219 STATE OF ILLINOIS 83RD GENERAL ASSEMLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 the year... 50 slots throughout the year,' and I'm the director of that agency, I have to plan on 50 slots throughout that year. If, during the course of the year, the Department of Children and Family Services is constantly varying below that where I might only at one at a given time have 20 or 25 slots available... filled, that means that I have ongoing administrative costs and... and salary costs because they may come back in another month and say, 'Yeah, we want you back up to 50 now.' And all we're saying on this is is that in the event that it goes below their... what they have contracted for at the very beginning, that they will just pay the administrative costs of... proportion of that to run a 50 slot... not... not total cost of a 50 slot but what the agency has to... has to pay out of its own pocket."

Currie

"So you do, in effect, provide for a sort of reconciliation by virtue of... if, in the end, they are not... they are not providing that service, the state is not paying for the service that wasn't provided?"

Keane

"The state is paying for... is making a reduced payment, but we're still picking up some of the adminstrative costs that having a 50 slot institution or a 50 slot program entails, but they're not paying full costs."

Currie

"Thank you."

Speaker Matijevich

"Representative Hallock, the Gentleman from Winnebago."

Hallock

"Thank you, Mr. Speaker. I rise as a joint sponsor and also in support of this legislation. All we're trying to do here is make sure that DCFS, in fact, honors its contracts. The problem has been in the past that they will say to an agency - a social service agency - that we will give you 50 days, for example, and then, in fact, they only give 25 days and have to contract which causes may problems 220 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 for those social service agencies, the private providers. This Bill is necessary. It should not cause DCFS any more money. It just will make sure they fulfill their contract, and I urge a 'yes' vote."

Speaker Matijevich

"Representative Bopp."

Ropp

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

Speaker Matijevich

"Proceed."

Ropp

"The question that I have relative to some of the foster care programs, and I would hope that there might be some concern on behalf of DCFS to make some uniformity in foster care payments in that I know of some two to three hundred dollars a month differences. And I'm not sure that's good for the families who are taking care of... of children, and I would hope that this legislation might provide some uniformity. Do you do that in this Bill?"

Keane

"No, this does not address that particular problem, Representative."

Ropp

"Okay. Thank you."

Speaker Matijevich

"Representative Piel."

Piel

"I move the previous question."

Speaker Matijevich

"I think we're alright, Bob. Representative Keane to... to close."

Keane

"I just ask for a favorable Roll Call."

Speaker Matijevich

"Representative Keane has moved that the House do adopt the First Conference Committee Report on House Bill 1337. All those in favor signify by voting 'aye', those opposed by voting 'no'. This is final passage and requires 60 votes. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 104... 105 'ayes', 6 'nays', and the House does adopt the First Conference Committee Report on House Bill 1337. And this Bill, having received the Constitutional 221 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Majority, is hereby declared passed. House Bill 2201, Representative Nelson."

Nelson

"Thank you very much, Mr. Speaker, Members of the House. I would move that the House do adopt the First Conference Committee Report on House Bill 2201. This is a Commission on Children Bill that passed the House 108 to nothing. At the request of Senator Berman, it was sent to Conference Committee, but it was not needed, and so the Bill is exactly the same as it was passed by the House but with an immediate effective date. Basically, what it does is transfer the Child and Adolescent Office in the Department of Mental Health and Developmental Disabilities to their Section which is called the Institute for Juvenile Research. The reason the Commission on Children supports this is that they have supported for many years measures to bring more specificity to the law regarding services to children and adolescents. I'd be glad to answer any questions that you might have."

Speaker Matijevich

"Representative Nelson moves that the House do adopt the First Conference Committee Report on House Bill 2201. There being no discussion, those in favor signify by voting 'aye', those opposed by voting 'no'. This requires three-fifths vote and is final action. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 108... 9... 11 (sic - 111) 'ayes' and no 'nays', 1 voting 'present', and the House does adopt the First Conference Committee Report on House Bill 2201. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House (sic - Senate) Bill 272, McCracken. The Gentleman from DuPage, Representative McCracken."

McCracken

"Thank you, Ladies and Gentlemen. This amends Chapter 37 of the of the Illinois Revised Statutes in two regards. 222 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 It allows for the imposition and the discretion of the court of costs in the case where a minor is judged delinquent and also expands the Judges on the Court of Claims from three to five. Be happy to answer any questions. I ask that the House adopt Committee Conference Report #1."

Speaker Matijevich

"The Gentleman has moved to adopt the First Conference Committee Report on House Bill... Senate Bill 272. There being... Representative Cullerton, the Gentleman from Cook."

Cullerton

"Does this still contain the concept of a minor paying cost as a condition of probation or conditional discharge in a delinquency case?"

McCracken

"In the discretion of the court where he's able to pay."

Cullerton

"This would be a delinquent minor who has a lot of money, then they'd be asked to pay cost?"

McCracken

"In the discretion of the court."

Cullerton

"Could the... What if the delinquent minor's parents were wealthy but the minor claimed he didn't have any money? Could the... Could the Judge order cost to be paid by the parents?"

McCracken

"The statute uses the word 'minor' explicitly. It doesn't refer to any other parties. If the minor were unable to pay, the court could not impose the costs."

Cullerton

"Well, would this be like if he had, like, a good paper route or something like that where he'd be asked to pay cost, but if he just went to school and didn't work, he wouldn't have to pay at all?"

McCracken

"Well, even if he had the money, he wouldn't have to pay. It would be within the discretion of the court."

Cullerton

"Well, why do we have it in the Bill, then?"

McCracken

"Pardon me?" 223 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Cullerton

"What's the... What's the need for putting in a requirement that a minor pay cost when... rarely it would ever be used?"

McCracken

"Well, cost is a nominal figure, and it is imposed in every other aspect. If that same minor got a traffic ticket, he'd have to pay those costs. This... This is bringing it into accordance with all other areas of law."

Cullerton

"And how do you define cost?"

McCracken

"It's not defined in the Bill, and when... when this passed the House last, we discussed this. It's the traditional definition of cost, which is normally a nominal sum."

Cullerton

"Okay. Thank you."

Speaker Matijevich

"Representative Brummer."

Brummer

"Yes, will the Sponsor yield?"

Speaker Matijevich

"He indicates he will. Proceed."

Brummer

"I know that this Conference Committee Report expands the number of members on the Court of Claims."

McCracken

"Yes, Sir."

Brummer

"Are those... What is the salary of those Judges?"

McCracken

"I've... I've asked for that information. I'm advised 25,000 dollars a year."

Brummer

"It expands them from... It expands the number of Judges from three to five?"

McCracken

"Yes, Sir."

Brummer

"Are those full time individuals?"

McCracken

"Yes, Sir."

Brummer

"They are prohibited from doing anything else, engaging any other business?"

McCracken

"I don't know that."

Brummer

"So they may or may not be full time."

McCracken

"Does anyone else know? They're full time."

Brummer

"Do they need to be lawyers?" 224 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

McCracken

"I don't know."

Brummer

"I'm sorry, I didn't hear the answer to that question."

McCracken

"All... All other Judges in Illinois are required to be lawyers. I don't know if these are."

Brummer

"You mean these are full time individuals who you think are lawyers who are paid 25,000 dollars a year."

McCracken

"I would have to check that, Representative. I don't have that answer. They're calling for the information."

Brummer

"Why is there a necessity of expanding the number of Judges on the Illinois Court of Claims from three to five?"

McCracken

"The way the claims are handled, they're taken... evidence is taken by Judges individually, and then that Judge relates that information to the other members. And a majority of concurrence is necessary, so on the current court, two of three is necessary. If this were expanded, three of five would be necessary to concur. The current caseload is between 3,500 and 4,000 cases a year. The average time from filing to adjudication is ten to twelve months. The turn around after award on... between award and payment is about six months. It is estimated that with an additional two members, that they could cut that time by about 35 - 40%."

Brummer

"Was there any Bill introduced to address this issue, either in the House or the Senate during this Session?"

McCracken

"I don't know."

Brummer

"You didn't introduce any, I take it?"

McCracken

"No, Sir."

Brummer

"When did this first come to your attention?"

McCracken

"Yesterday."

Brummer

"Please?"

McCracken

"Yesterday."

Brummer

"Was this requested by the Governor's Office?"

McCracken

"Yes, Sir." 225 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Brummer

"Thank you."

Speaker Matijevich

"The Gentleman has moved that the House do adopt the First Conference Committee Report on Senate Bill 272. Those in favor signify by voting 'aye', those opposed by voting 'no'. This is final action and requires 60 votes. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 72 'ayes', 31 'nays', 3 answering 'present', and the House does adopt the First Conference Committee Report on Senate Bill 272. And this Bill, having received the Constitutional Majority, is hereby declared passed. House... Senate Bill 1064, Representative McAuliffe. Representative McAuliffe here? Representative McAuliffe here? Out of the record. The Gentleman from Madison, Representative McPike, on a... on a Motion. The Clerk will read the Motion."

O'Brien

"A Motion pursuant to Rule 63(a). 'I move to bypass Committee and place Senate Joint Resolution 60 on the Speaker's Table for immediate consideration.'"

Speaker Matijevich

"Representative McPike on the Motion."

McPike

"Well, thank you, Mr. Speaker. Just that I do move to suspend the appropriate rules for the immediate consideration of Senate Joint Resolution 60."

Speaker Matijevich

"On the Motion, Representative Piel."

Piel

"Would the Gentleman mind explaining what the Resolution does, and why he wants to bypass Committee?"

McPike

"Well, Senate Joint Resolution 60 that is currently on the Calendar, and I am now the principal Sponsor of the... of the Resolution. And I discussed this earlier with Representative Vinson, and he expressed no concern."

Piel

"That didn't answer my question."

McPike

"You want me to explain the Resolution?"

Piel

"Well, yeah, and why you want to bypass Committee with it." 226 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

McPike

"Well, I think we could speak to the Motion, but if you'd like me to explain the Resolution, I would be glad to."

Piel

"Please do."

McPike

"Currently, the First Savings and Loan Association of Chicago is under the auspices of... the supervision of the Federal Home Loan Bank Board through the FSLIC. And we are petitioning the FSLIC in their deliberations to give paramount weight to the public interest of the citizens of this state so that the First Federal Savings of Chicago will be allowed to be bought or acquired by an interstate institution rather than some... rather than from a national or an international institution. As you know, in the past few years, when we've expanded and modernized the laws dealing with banks and savings and loans, we have tried to do so in a rational, step by step process. We have set up multi-bank holding companies by regions. We have tried to treat the savings and loans in an adequate way so that decent... so that there is true... competition between the two. I feel that by allowing a national or a multinational institution to come into Illinois and acquire the First Federal Savings would put some of our institutions in an unfair competitive advantage. I think it would be much more appropriate for this institution to be acquired by an Illinois institution and to maintain the competitive spirit that we've tried to generate through the changes that... that we, you in particular, have been involved... involved with over the last two years. I think that this institution that deals mostly with... which deals with local residential and commercial construction in Illinois, which is currently an independent Illinois institution under local ownership, I think it would be appropriate if we kept that in Illinois and allowed the competition to grow in a more orderly process, rather than allowing 227 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 multinationals to come into Illinois at this time."

Speaker Matijevich

"Representative Piel, do you have any..."

Piel

"Jim, you know, I don't have any quarrel with the situation of trying to keep the ownership in Illinois, but I don't really know what's going on in this regard as far as the First Savings and Loan, First Federal. Are they in the process of selling to where they've got two different bidders, one from out of state, one from in state?"

Speaker Matijevich

"Representative Piel, you're now getting into the... into the Resolution. This is on the Motion to suspend, and I think we've allowed enough latitude where everybody knows what the Resolution is. Now, it's on the... the Gentleman, does he have leave to suspend the appropriate..."

Piel

"Leave."

Speaker Matijevich

"Leave, and the use of the Attendance Roll Call. Leave for the immediate consideration of SJR 60. Now, Representative McPike on Senate Joint Resolution 60. McPike."

McPike

"Well, well, thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. I think I've just explained the Resolution adequately. It is my concern that we not allow at this time a multinational or a national institution to come into Illinois and put some of our own institutions under a... in a competitive disadvantageous situation. So we are simply petitioning, in this Resolution, the FSLIC to give paramount weight to the public interest of the citizens of this state and to ensure if it's... if they believe that the weight is in that favor that an Illinois institution acquire the First Federal Savings and Loan Association. I think it is in line with what we have tried to do over the last two years. I think it makes a lot of sense to expand our bank... our laws dealing with banks and 228 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 savings and loans in a rational, methodical way so that we can ensure that competition does exist. And I think that this Resolution speaks to that question. I would, therefore, move for the adoption of the Resolution."

Speaker Matijevich

"The Gentleman has moved for the adoption. Representative Friedrich, Dwight Friedrich."

Friedrich

"Well, Mr. Speaker, Members of the House, I can't help but wonder what's behind this Resolution. I think there's more to it than meets the eye, and I'm not smart enough to figure out what it is. Now, there are certain people on the floor of this House who for the last ten years have been trying to figure out how to get the boys into Illinois banks. Foreign money, we get foreign banks in here. We get out of state money. We've sold... We've got it fixed up so that out of state banks can buy all of the banks in the State of Illinois. And now, we're worried about one little savings and loan association, somebody out of state buying it. Now, there must be some reason, more than appears in this thing here. I don't know what it is. I don't care who buys it, but I will bet you this; that half the investments of this thing we're talking about are not invested in Illinois in the first place. I know enough about savings and loan. I've fiddled around with a little one, and I know we make investments all over the country. And I'm sure one as big as the one we're talking about probably invests even in foreign lands. I don't know that, but I'm sure they invest in many other states. So I wish that we could figure out exactly what the motive is behind this Resolution. I can't figure it out."

Speaker Matijevich

"Representative McPike has moved for the adoption of Senate Joint Resolution 60. All in favor say 'aye', opposed 'nay', and the 'ayes' have it. And the Senate Joint Resolution 60 is hereby declared adopted. On 229 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 page two of the Regular Calendar on the Order of Conference Committee Reports appears House Bill 26. Out? Be at ease for one moment. On Supplemental Calendar #3 appears House Bill 112. Is Representative Lee Preston in the chamber? Lee Preston here? Out of the record. House Bill 1293, Gene Hoffman. Is Representative Gene Hoffman ready with that? 1293 on Supplemental 3? Oh... Out of the record. House Bill 1838, Capparelli... Capparelli, you ready? Out of the record. Oh, Ralph Capparelli is ready. House Bill... No... Out. House Bill 2058, Hensel. Is Hensel ready? Senate Bill 83, Jones or Shaw. Representative Shaw ready on that one? Proceed. Representative Shaw."

Shaw

"Thank you."

Speaker Matijevich

"Oh, I'm sorry. Representative Hensel is now ready on his Bill. We'll revert back to that, House Bill 2058, Hensel."

Hensel

"Yes, I yield to Representative Vinson."

Speaker Matijevich

"To whom?"

Hensel

"Representative Vinson."

Speaker Matijevich

"Representative Vinson on House Bill 2058."

Vinson

"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 2058 Conference Committee #... Report #2 is precisely the same as House Bill 2058 Conference Committee Report #1. It is precisely the same. It is precisely the same, Ladies and Gentlemen, because there is simply no alternative. The revenues are not there and will not be there to deal with the problems of hospital reimbursement and the problems of nursing aid reim... nursing home reimbursement in any other fashion or any more adequately than permitted under the provisions of House Bill 2058. We are in a situation where I feel absolutely confident, that if House Bill 2058 Conference Report #2 is not adopted, no budget is going to... no Appropriation Bills and no major budget for the 230 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 State of Illinois are going to be adopted. We stand in a situation where it takes 71 votes to adopt this, and Members really ought to search their souls in determining how to vote on this legislation. I have examined the Roll Call in relationship to the First Conference Committee Report on House Bill 2058, and I believe that Members, who yesterday chose to vote against an increase in the income tax, ought to search their souls in determining whether they are... can today, in good conscience, vote against the necessity to reduce costs in nursing home and hospital reimbursement. I understand the need for adequate hospital and nursing home reimbursement, and I understand the circle, the vicious circle you get into if, in fact, you do not adequately reimburse hospitals and nursing homes. Often I have presented legislation to this General Assembly that would result in what I would perceive to be better reimbursement for hospitals and nursing homes. But Ladies and Gentlemen, the tax program that we enacted yesterday does not permit any greater reimbursement at this time. It is our sincere hope that that tax program is consistent with economic recovery in the State of Illinois. And that should that recovery occur, as it now appears to be doing, and should we avoid impeding that recovery as a greater tax might have, then, in fact, the increased revenues that flow from that economic recovery can be directed toward hospital and nursing home reimbursement. But Ladies and Gentlemen, at this time, the only way to have a balanced budget in the State of Illinois, and as I said this afternoon, the only way to avoid an absolute budget deadlock in July with extraordinary majorities necessary to enact budgets, with every interest group able to blackmail this General Assembly, the only way to avoid that is if every Member will exercise the internal self-discipline to realize that 231 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 this is necessary, absolutely necessary for a budget balance in this state. And for these reasons, I would solicit your favorable consideration of Conference Committee Report #2 on House Bill 2058."

Speaker Matijevich

"No, in the opinion of the Chair, we have had debate on this Bill already of over an hour. So, in the opinion of the Chair, I'm going to just go to a vote on this. I think everybody knows how they're going to vote on this Bill, and I would ask that everybody control themselves, because we all know how we're going to vote. We have had debate on this extensively, so the Gentleman from DeWitt, Representative Vinson, has moved that the House adopt Conference Committee... Second Conference Committee Report on House Bill 2058. Those in favor will signify by voting 'aye', opposed by voting 'no'. Representative Keane, the Gentleman from Cook."

Keane

"Thank you, Mr. Speaker. It seems like this is destined to pass; however, I would just like to make a few points on that. Hopefully, no one that you know that needs medical care and is poor will go into a hospital. What we are dooming them to, not only the patient, but the hospitals, is to an under funded hospital stay. We are putting the debts of the State of Illinois on the backs of our hospital system. And we are taking the poor people of the State of Illinois, and we're going to give them inferior treatment. It's unfortunate that a deal was cut on this."

Speaker Matijevich

"Gentleman bring his remarks to a close."

Keane

"Okay. And that we are treating the people who will be sick and who will be the least who are able to defend themselves in such a terrible manner."

Speaker Matijevich

"Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there 232 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 are 79 'ayes', 32 'nays', 1 answering 'present', and the House does adopt the Second Conference Committee Report on House Bill 2058. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. Senate Bill 83, Shaw. The Gentleman from Cook, Representative Shaw, on Senate Bill 83."

Shaw

"This is a..."

Speaker Matijevich

"Representative Braun, there is rule that you have to be in your seat to be recognized, and you know that. Representative Shaw."

Shaw

"Thank you, Mr. Speaker and Ladies..."

Speaker Matijevich

"Proceed. We're on... on an Order of Business. Give Mr. Shaw your attention."

Shaw

"Ladies and Gentlemen of the House, this is a Resolution... Senate Bill #83, and what this is doing... We've heard a lot of talk in recent days about why the youngsters come out of school and cannot read and that we think that something should be done. And that was one of the problems with voting for the budget yesterday with many of us in here. But here, we have an opportunity to create a Commission to study a teacher's performance in conjunctions... As you know, the National Administration has talked about a master teachers program, and that those teachers should be rewarded. And I think this Commission could do an awful lot towards that end. And we reward those teachers that... that are doing a good job in the school system. And we take a hard look at it, and I think that this Resolution and the... could accomplish that. And I'll ask for your favorable vote."

Speaker Matijevich

"Representative Shaw has moved that the House adopt the First Conference Committee Report on Senate Bill 83. On that, the Gentleman from Winnebago, Representative Hallock." 233 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Hallock

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

Speaker Matijevich

"He indicates he will. Proceed."

Hallock

"How many new teachers to teach the people in the City and downstate will be hired by this Commission?"

Shaw

"None would be hired."

Hallock

"None. Well, that's my whole point. It would seem to me, Mr. Speaker and Members of the House, that the purpose of this General Assembly should be to improve education by hiring more teachers and having a better system, not by taking that money from teaching and setting up a Commission. I urge this vote be defeated."

Speaker Matijevich

"Representative Nelson. Representative Nelson."

Nelson

"Thank you very much, Mr. Speaker and Members of the House. I believe that we've already created one Commission here today that would speak to this issue. The Matijevich - Rock Commission, which had five members of the School Problems Commission on it, was created to study problems in our schools. This Commission seems to me to be overkill, and since it has an effective date, I would like to ask for a ruling from the Chair of how many votes this would take for passage, immediate effective date?"

Speaker Matijevich

"This will take 71 votes for passage. Proceed, Representative Nelson."

Nelson

"In the event that this does then receive 71 votes, I would ask for a verification."

Speaker Matijevich

"There being no further discussion... There being no further discussion... Oh, Representative Ropp."

Ropp

"Mr. Speaker, might I ask a question to the Sponsor? Would he yield, please?"

Speaker Matijevich

"Proceed."

Ropp

"Mr. Representative, I know according to our analysis here, it says it will take 18 members on this Commission to 234 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 somewhat study teacher excellence, and that it is to report annually its findings to the General Assembly. Why is it necessary after you've already determined what excellence of teachers may or may not be that you have to continue that on an annual basis?"

Shaw

"Because of the fact that we know that... It seemed that the school system around this state seem to have broken down, and if we had done this a long time ago we wouldn't be in the shape that we are in today. And that's why that at least 50% of the students come out of the school system unable to read."

Bopp

"You don't think that's a possibility because we have, maybe, poor quality teachers? And maybe, well, and maybe because of teacher tenure laws which prohibit getting rid of poor quality teachers may be one of the basic problems of quality education."

Shaw

"That might be one of the recommendations of this Commission, Representative Bopp. And... but we don't know exactly what the problem is, but the fine men and women of this Body here would have an opportunity to go out and study it and report back to this Body with some recommendations that we could put into law."

Bopp

"Are you... Will you give some assurance that the recommendations that would come from this would be actually introduced, all of the recommendations that they might have and that there would be enough support to really, honestly, legitimately do something about it?"

Shaw

"I will do everything possible to introduce them into law those recommendations that come from this Commission because I know it's a terrible problem around this state. I have it in my district, and I'm certain that other districts throughout this state have the same problem."

Bopp

"Thank you." 235 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"There being no further discussion, Representative Shaw has moved that the House do concur with the First Conference Committee Report on Senate Bill 83. Those in favor will signify by voting 'aye', those opposed by voting 'no'. This requires 71 votes, and it is final passage. The board is open. Have... Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question, there are 55 'ayes' and 54 'nays', 1 voting 'present', and this Motion fails. And Representative Shaw requests a Second Conference Committee. Senate Bill 991, Representative Mays, are you handling that? Representative Mays on Senate Bill 991."

Mays

"Mr... Mr. Speaker, Representative Tate is on his way from Minority Leader's Office at this very moment and should be just a couple seconds. If we could have leave of the House..."

Speaker Matijevich

"Leave to take it out and return to it."

Mays

"Thank you very much."

Speaker Matijevich

"Representative Tate is here on Senate Bill 991."

Tate

"Mr. Speaker, Ladies and Gentlemen of the House, Senate Bill 991, or the Conference Committee Report, deals with two Bills that... that this chamber has passed out earlier this Session on Agreed Bills that came out of Judiciary Bills. The concurrence in House Amendments 1 and 3, both Amendments are technical and had been requested by the law enforcement agencies. Amendment 2 clarifies uninsured motorists provisions by extending coverage to property damage up to 5,000. The General Assembly earlier this Session passed legislation dealing with this matter; however, the language was insufficient and incomplete. Amendment 3 adds the Insurance Section dealing with motor 236 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 vehicle theft and motor vehicle insurance fraud similar to Senate Bill 990 which passed this chamber; however, it contains an Amendment requested by the Chicago Police Department. Amendment 4, or provision 4, amends the Insurance Section dealing with claims reporting. Department of Insurance is authorized to adopt rules permitting the National Automobile Theft Bureau to impose a charge on reporting insurance companies to recover adminstrative costs. The Insurance Committees have all been consulted. It's an agreed upon Amendment and provision. Provision 5 amends the Life and Health Guarantee Association by increased assessment authorization by the fund against life insurance companies for adminstrative experience, expenses from 50 dollars to 200 dollars. The life insurance companies have agreed to this provision. This should be a fairly noncontroversial Bill. It's been worked out by the different parties in agreement. Everyone has signed the Conference Committee, and I move do adopt."

Speaker Matijevich

"Representative Tate has moved that the House do adopt the First Conference Committee Report on Senate Bill 991. On this, the Gentleman from Cook, Representative Cullerton."

Cullerton

"Will the Sponsor yield for a couple of questions?"

Speaker Matijevich

"Yes, Sir, proceed."

Cullerton

"Representative Tate, does this expand the current immunity provisions that are found in the Sections covered by this law?"

Tate

"No, it just repeats what's already in the statute."

Cullerton

"Did you read this Bill?"

Tate

"Yes, awhile ago."

Cullerton

"Okay. I... I have no further questions."

Speaker Matijevich

"Representative Mautino."

Mautino

"Will the Gentleman yield?" 237 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"He indicates he will. Proceed."

Mautino

"Would you mind going over what you're mandating under the uninsured... excuse me, the underinsured motorist's coverage increasing and including that in the... in the policy changes at 250 dollar deductable for property loss? And let me ask you why?"

Speaker Matijevich

"Representative Tate."

Tate

"House Bill 1707 which passed out of this chamber earlier this Session or earlier this chamber, and what this does is, it just deals with the collision provision that we've already passed. So this is no mandate."

Speaker Matijevich

"Are we completed? There being no further discussion, Representative Tate has moved that the House do adopt the First Conference Committee Report on Senate Bill 991. Those in favor signify by voting 'aye', those opposed by voting 'no'. This takes 71 votes and is final action. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 98 'ayes', 5 'nays', 2 voting 'present', and the House does adopt the First Conference Committee Report on Senate Bill 991. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House... Senate Bill 1001, Representative Sylvester Rhem. The Gentleman from Cook, Representative Rhem."

Rhem

"Thank you, Mr. Speaker. The Conference Committee Report #1 on Senate Bill 1001 recommend the following, that the Senate had concurred in House Amendment #1 and the House rescend from House Amendment #2. And the Bill be further amended on page five by deleting line ten and inserting the following. And the following is just some general language changed, and the rest of it is just similar to Amendment #2. The language change was, 'obtaining either proof or evidence of concurrence from the appropriate bargaining 238 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 agency'. And also, 'The grantees shall make every reasonable effort to relocate participants.' I ask for the adoption of this."

Speaker Matijevich

"Representative Bhem has moved that the House do adopt the First Conference Committee Report on Senate Bill 1001. And on that, the Gentleman from Peoria, Representative Tuerk."

Tuerk

"Well, Mr. Speaker, Members of the House, this is another unnecessary type of Bill. I don't think we need any 50 member board for such an exercise. I would just ask for your 'no' vote on the Bill... on the Report."

Speaker Matijevich

"Representative Woodyard."

Woodyard

"Thank you, Mr. Speaker. Again, this is a part of the prairie chicken package and probably the most odorous of all of the Bills that were introduced, as you will understand and we have debated here. And this is about this fourth time I've arisen to oppose this type of legislation. This particular council is already in place. They've established the JTPA boundary lines and the districts all over the State of Illinois. As a matter of fact, the local PIK councils that are already meeting, this Bill would completely upset what is already in place. And there'd be no way that you could implement the JTPA program by October 1st of 1983. So for that reason alone, I think, is enough to oppose it. It also contains the language that's contained in several of the other Bills, only it refers to JTPA funding rather than the ITP funding. This will very definitely have a devastating impact on any new business that would want to move into the state or for any industry that would want to expand by placing the sanctions of union written concurrence on those... on DCCA. And for those two reasons, I do urge your 'no' vote on this Bill."

Speaker Matijevich

Speaker Matijevich: "The Representative from Madison, 239 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Representative Wolf."

Wolf

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

Speaker Matijevich

"Representative Wolf has moved the previous question. The question is, 'Shall the main question be put?' Those in favor say 'aye', opposed 'no', and the main question is put. Representative Rhem to close."

Rhem

"Thank you, Mr. Speaker. One correction, this is a 45 member council and all parties concerned has concurred with these Amendments. I ask for a favorable vote."

Speaker Matijevich

"Representative Rhem has moved that the House do adopt the First Conference Committee Report on Senate Bill 1001. Those in favor signify by voting 'aye', those opposed by voting 'no'. This requires 71 votes and is final passage. Representative Winchester, one minute to explain his vote."

Winchester

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. To repeat Representative Woodyard's comments, this is a duplication because we already have in existence right now an Illinois Jobs Coordinating Council. We... It is a 45 member Board. The President or the Chairman of that Board testified in Economic Recovery against this Bill, indicating that this Bill wasn't necessary. But again, this Bill is directed towards the old CETA program, a program that expires September 30 of this year. The Jobs Training Partnership Act is a completely different type of program than what the CETA program is, and some of the provisions in this Bill will jeopardize the funding of the Jobs Training Program. And for that reason, I would ask for a 'no' vote and send this Bill back to Conference Committee."

Speaker Matijevich

"Representative Friedrich, one minute to explain his vote."

Friedrich

"Just to confirm what has been said. In fact, last 240 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 night in Effingham, the group from that area met to organize the programs for there. It is not a CETA program. It's a training program, and most of it is going to be done in our community colleges. We're ready in our area, and the program's already in place without any more legislation."

Speaker Matijevich

"Have all voted? Have all voted who wish? Clerk will take the record. On this question, there are 63 'ayes', 51 'nays', and the Motion fails. And Representative Ehem asks for a Second Conference. The Gentleman from Madison, Representative McPike, on Senate Bill 1070. Senate Bill 1070, this is the change from the Class 0 to Class Q."

McPike

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1070 has four major provisions in the Bill. The first provision expands the Industrial Commission from five members to six members, and it provides two panels of three each that will be able to make a decision on the cases before them. Currently, the backlog at the Industrial Commission is such that our arguments are now being scheduled for December and January. And it's taking in excess of eighteen months to try a case. We think by dividing it into two panels, we can speed up the process by 100%. The second provision of the Bill deals with asbestos. The current law requires that a claim for asbestosis must be filed from three years after the last date of exposure and, consequently, few, if any, claims are ever filed. As everyone on this floor obviously knows asbestosis doesn't show up for sometimes fifteen, twenty years after you've been exposed. So we have are changing the three to twenty-five to ensure that workers who were once exposed to asbestos, and later in their life they develop asbestosis that they will have a right to file 241 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 a claim under our Work Comp Law. The third change provides for an expedited hearing. There are a few, and I emphasize a few, insurance companies in this state that will go to any means to reach a settlement with an injured worker. And in reality, what they do is stop all payments to the injured worker. Once payments are stopped, the worker is not able to return to work. He has no money to pay his bills, and he is forced to make an cut of court settlement for a lump sum that is far less than he or she may be entitled to. It is a process of starving out the person until they have no other alternative except to accept a lump sum and... and really pay their bills. The fourth provision of the Bill provides for floating interest rates. Similar insurance companies, knowing full well that the worker has a right to a legitimate claim, will appeal the decision to the Commission and take the money that is to be used for the claim and invest it. It's much easier to invest it at current interest rates than it is to... to... It is much more advantageous to invest at current interest rates. They can make more on the money investing it than they could when the award is finally made because they only pay six percent interest under current law. So this would discourage that. It would, in reality, provide that when a worker is injured, he would have a right to a quick decision, and the insurance company would be more liable to give him his payment rather than to invest it. I think it addresses itself to... to a very.... addresses itself to a few problems that are currently in our statute, and I think that it is a very, very good Bill. I would ask for your 'aye' vote. I move to accept Conference Committee Report #1 to Senate Bill 1070."

Speaker Matijevich

"Representative McPike has moved that the House do adopt the First Conference Committee Report on 242 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Senate Bill 1070. On that, the Gentleman from DeWitt, Representative Vinson."

Vinson

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Would the Gentleman yield for a question?"

Speaker Matijevich

"He indicates he will. Proceed."

Vinson

"Representative McPike, on your First Conference Committee Report, line twenty-nine and thirty, it appears to me that in each case after the word 'regulation' that's an 'o' and not a 'g' in there. Would you confirm that?"

McPike

"I think that if you would see your optometrist, you could very easily determine that that is clearly a 'g' on both line twenty-nine and on line thirty."

Speaker Matijevich

"We appreciate your help, Sam."

McPike

"Perhaps if you held it a little further away, it'd be a lot clearer."

Vinson

"I'd like to hold this Bill just about as far away as I conceivably could, Representative, and I will consult with Representative McPike. In any event, Ladies and Gentlemen, all this Bill can do is further retard the business climate in Illinois, make our already ungodly workers' compensation system worse, more expensive for Illinois employers. It does detract from the economic recovery going on in the state, and I would urge a 'no' vote on this Bill."

Speaker Matijevich

"The Representative from Adams, Representative Mays."

Mays

"Thank you, Mr. Speaker. Will the Gentleman yield, please?"

Speaker Matijevich

"He will. Proceed."

Mays

"Could you explain, on page six of the Amendment, lines two through six, you're extending a... the number of days required, it appears. What's that for?"

McPike

"In conversations with the Governor, the original Bill contained 15 days for the appeal. The Governor convinced 243 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 us that that was unrealistic, and so at his request, we changed it to 30 days."

Mays

"30 days for what?"

McPike

"I have explained that this provides for an expedited hearing before the Commission. That expedited hearing must be held within 15 days. He said that was unreasonable, so we agreed to change it to 30 days."

Mays

"Do you have any idea of the cost of this? There's been allusions to that over here on this side. Do you have any reports of costs on this enactment of this measure?"

McPike

"Well, I think I am concerned about the cost to an individual who has no money to pay his bills, who was starved out. When I think I have concern about the cost to an individual that develops asbestosis and has nowhere to turn. Those are the costs that I'm trying to address myself to in this Bill."

Mays

"I understand and appreciate that, Representative. When did this Conference Committee meet?"

McPike

"Well, I've been on about 50 Conference Committees, and I couldn't tell you the exact time that this one met. You'd have to check the record to see when it was set, and I'm sure it met, because we have six signatures."

Mays

"Thank you very much. Mr. Speaker, to..."

Speaker Matijevich

"It was one of our best attended Conference Committee meetings, Representative Mays."

McPike

"Thank you very much, Mr. Speaker, Ladies and Gentlemen. To the Bill, I would echo the thoughts of the previous opponent to this measure. The NCCI estimates the cost of this one measure on employers of the state, and while we can't quantify the cost on those affected, but the cost to employers of the state would be up to 20 million dollars per year. I would suggest we go back to Conference Committee on this, work some things out and truly meet in 244 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 that Conference Committee, and I would urge a 'no' vote."

Speaker Matijevich

"There being no further discussion, Representative McPike has moved that the House do adopt the First Conference Committee... Representative McPike."

McPike

"I would like to close briefly, because... "

Speaker Matijevich

"Proceed."

McPike

"I... Mr. Speaker and Ladies and Gentlemen of the House, I think it's unusual that the opponents got up to speak against the Bill, but they did not address any of the issues in here, because truly, I think that they would agree that these issues should be addressed and that we have addressed them properly. I don't think anyone on this House floor thinks that someone with asbestosis should not be entitled to benefits under work comp. I don't believe that anyone on this House floor thinks an insurance company has a right to starve an individual out and force that individual to take a lump sum settlement. I don't think that anyone on the floor believes that an insurance company has a right to invest money that should go to a worker, simply because they can get more interest on the money than what they would owe to the worker. And I think everyone believes that the process at the Industrial Commission has so bogged down, that on every conceivable case, justice delayed is certainly justice denied. All four of these provisions, everyone on this floor should vote for. That is why, when the opponents spoke to it, they did not address any of the provisions, because they are very difficult to oppose. No one can stand up and honestly say that these should not be in law today. They are very good provisions. Only to stand up and give some empty, hollow rhetoric about the business climate when we are talking about the health and the lives of workers is an unreasonable response to a very just Bill. I would move 245 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 for the acceptance of this Conference Committee."

Speaker Matijevich

"Representative McPike has moved that the House do adopt the First Conference Committee Report on Senate Bill 1070. Those in favor signify by voting 'aye', opposed by voting 'nay'. This is final action and requires 60 votes. Have all voted? Representative Woodyard... Woodyard, one minute to explain your vote. I'm sorry. My elbow is always right over your light, and I apologize for that. Proceed, Representative Woodyard. One minute to explain his vote. Representative Woodyard."

Woodyard

"Thank you, Mr. Speaker. I rise in opposition to this Bill for maybe a rather selfish reason. One of the largest processors, manufacturers, users of asbestos happens to be in my district. It is the largest user of that material in about 15 states, Dana Victor Corporation in Robinson. They employ several hundred people. This Bill has a dramatic impact on them, could have. There is no question in my own mind that... that we have to address the problem of asbestosis. The monitoring in that... in that particular plant is fantastic, and they meet and are much below the federal adopted standards for asbestos. There is no way we're going to solve this unique problem in the State of Illinois. It must be done at the federal level."

Speaker Matijevich

"The Gentleman will bring his remarks..."

Woodyard

"This has the possibility of bankrupting six or seven of the largest insurance companies in the United States of America and also many of the manufacturers who use asbestos."

Speaker Matijevich

"Have all voted who... Representative Tuerk, for what purpose do you rise?"

Tuerk

"Apparently, this has more than 60 votes, so I'll verify it."

Speaker Matijevich

"Have all voted? Have all voted who wish? 246 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 The Clerk will take the record. On this question, there are 69 'ayes', 43 'nos', and 2 answering 'present'. You still persist, Fred? I helped you guys on one a moment ago."

Tuerk

"What's... What's the total?"

Speaker Matijevich

"69 'ayes'."

Tuerk

"I'll withdraw."

Speaker Matijevich

"Alright. The Gentleman withdraws his verification, and this Bill... Take the record. On this Bill, there are.. On this record vote, there are 69 'ayes', 43 'nays', 2 answering 'present', and the House does adopt the First Conference Committee Report on Senate Bill 1070. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Piel, for what purpose do you rise?"

Piel

"Question of the Chair, Mr. Speaker. You said it received a Constitutional Majority, but I... "

Speaker Matijevich

"Only 60 on this one."

Piel

"We only needed 60 on that one?"

Speaker Matijevich

"Yes, according to my information, 60, and that's what I said when we... "

Piel

"Oh. Okay. I'm sorry. I misunderstood that. Thank you."

Speaker Matijevich

"Thank you. Representative Tuerk, for what purpose do you rise?"

Tuerk

"I realize that needed 60. Now, that means that's effective next July. Is that correct?"

Speaker Matijevich

"July 1st, 1984."

Tuerk

"Thank you."

Speaker Matijevich

"Representative Cullerton on House Bill 26, on page two of the Calendar, Conference Committee Reports. Out of the record? Senate Bill 589 on page four of the Calendar. Representative Cullerton's handling that for Representative Leverenz. The Gentleman from Cook, 247 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Representative Cullerton."

Cullerton

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move that we adopt the Conference Committee Report #1 on Senate Bill 589. This has to do with requests for air transportation at the State of Illinois, and it sets up a priority to be... in which the requests should be filled. The priority shall be; the Governor, the Lieutenant Governor, the presiding officers and the Minority Leaders of both Houses of the General Assembly, the Attorney General, the Secretary of State, the Comptroller and the Treasurer. That's as they are listed in the Constitution. It establishes the above officers and leaders in the priority as set forth above, and the departments and agencies of the officers and leaders in the priority as set forth above. I would move for its adoption."

Speaker Matijevich

"Representative Cullerton has moved for the adoption of of First Conference Committee Report on Senate Bill 589. The Gentleman from DeWitt, Representative Vinson."

Vinson

"Yes, Mr. Speaker, Ladies and Gentlemen. Will the Gentleman yield for a question?"

Speaker Matijevich

"He indicates he will. Proceed."

Vinson

"Representative, why is it that you put the Secretary of State behind the Attorney General?"

Speaker Matijevich

"Alphabetical. Proceed."

Cullerton

"Apparently, the Constitution tends to rank these constitutional officers in a certain order. So we, rather than get into any fights, we thought we'd just go by the Constitution."

Vinson

"It's not a partisan matter?"

Cullerton

"Well, no, because we put the Governor first."

Vinson

"In that case, I rise in support of the Motion and would 248 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 urge an 'aye' vote."

Speaker Matijevich

"Representative Nelson."

Nelson

"Question of the Sponsor."

Speaker Matijevich

"Proceed."

Nelson

"Representative Cullerton, does this seek to address a problem? Have there been fights breaking out over who gets on the state airplane first?"

Cullerton

"Well, there's... this would prevent any fights. You always want to avoid the fights before they start."

Nelson

"I see that on my desk, I have two copies of this Conference Committee Report. One is the First Conference Committee Report, and the second one's the corrected copy. I noticed that in the corrected copy, you are deleting some of our legislative leaders. What is the reason for that?"

Cullerton

"I'm sorry. I'll have to check with my staff. Yes, I'm advised that that was merely to eliminate the clarifying language."

Nelson

"I see. As I read it, in the original version, all of our Assistant Minority and Majority Leaders and Whips would have gone ahead of the Attorney General and the Secretary of State. You decided that was not such a good idea, huh?"

Cullerton

"How did you vote on the income tax?"

Nelson

"I think this is just a wonderful, wonderful Conference Committee Report, and I intend to support it."

Speaker Matijevich

"Representative Yourell."

Yourell

"The reason... The reason I'm going to support this, I was bumped two weeks ago by Samantha."

Speaker Matijevich

"How'd it feel? The Gentleman has moved that the House do adopt the First Conference Committee Report on Senate Bill 589. Those in favor will signify by voting 'aye', those opposed by voting 'no'. This is final passage and requires three-fifths vote. Have all voted? Senate Bill. Did I say House Bill? Senate Bill 589. First 249 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Conference Report on Senate Bill 589. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 106 'ayes', 8 'nays', 1 answering 'present', and the House does adopt the First Conference... First Corrected Conference, is it, Jack? First Corrected Conference Committee Report on Senate Bill 589, and this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. On House Supplemental Calendar #3, we took some Bills out of the record. Are there any Members... Representative Preston. Representative Hoffman on 1293? Anybody... Representative Ropp, for what purpose do you rise?"

Ropp

"Well, somewhere on one of those lists, I have 2078 that I would welcome your consideration."

Speaker Matijevich

"We're getting to it."

Ropp

"Thank you."

Speaker Matijevich

"Representative Ropp asks and thou shalt receive. House Bill 2078 on Supplemental Calendar #1. The Gentleman from McLean, Representative Ropp."

Ropp

"Thank you, Mr. Speaker, I... the time, I think, has elapsed, giving sufficient time for Representative Cullerton to read over this Bill, and I yield to his wisdom, if he has any questions or questions by Representative Brummer. I think they were very... extremely interested in this."

Speaker Matijevich

"You are... You are moving to adopt the Committee... First Conference Committee Report on Senate Bill 2078?"

Ropp

"Yes, Sir."

Speaker Matijevich

"Representative Cullerton, did you have any questions on that?"

Cullerton

"Yes. Representative Ropp, I have a question on page six. We might want to get some legislative intent, here." 250 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Ropp

"Where?"

Cullerton

"Page six, line 27. I'll... I'll read it to you, and you tell me what it means. 'When it is in the interest of the people of the State of Illinois, the Director may, upon good and sufficient evidence, suspend the license and require the licensee to cease business.' Now, one might think that is somewhat broad, so... and vague, so perhaps we could, here, with legislative intent, give some examples of when something wouldn't be in the interest of the people of the State of Illinois and allow the license to be suspended and require the licensee to stop and cease business."

Ropp

"Would you tell me what page you're on, please?"

Cullerton

"Yes. Page six."

Ropp

"And what line?"

Cullerton

"Line... Starting with lines 27 through 34, Section 9.1, Chapter 111."

Ropp

"Yes, Sir. Okay. For example, this actually has to do with failure to pay for livestock at the livestock auction markets, and if it is in the feeling of the Director that payments have not been made in due course and in due time by that particular market, that license for that operation may, in the wisdom of the Director, be revoked."

Cullerton

"Okay. We have as a criminal offense... well, it's a quasi-criminal offense. It's a petty offense. And your... The current statute sets a minimum... or, sets a range of fines with regard to petty offenses. On page 10, you are specifically saying, are subject to a minimum $200 fine. It's still discretionary, would it not be, to impose the fine? In other words, the Judge doesn't have to impose a fine, if he decides he wants to, the minimum is 200. Is that correct?"

Ropp

"I think so. Yes, Sir." 251 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Cullerton

"Thank you very much. I have no further questions."

Speaker Matijevich

"There being no further questions, Representative Bopp has moved that the House do adopt the First Conference Committee Report on House Bill 2078. Those in favor signify by voting 'aye', those opposed by voting 'no'. This is final passage and requires 71 votes. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 113 'ayes', and no 'nays', and the House does adopt the First Conference Committee Report on House Bill 2078; and this Bill, having received a Constitutional Three-Fifths Majority, is hereby declared passed. Representative McAuliffe here yet? No. Be at ease for a moment. The Clerk on a Calendar announcement."

O'Brien

"Supplemental Calendar #4 is being distributed."

Speaker Matijevich

"The Gentleman from DuPage, Representative Gene Hoffman, is recognized for House Bill 1293 on House Calendar Supplemental #3, Conference Committee Reports. The Gentleman from DuPage, Representative Hoffman."

Hoffman

"Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, I move that we accept Conference Committee Report #1 on House Bill 1293. If you will remember, earlier this week we considered this Bill on concurrence. The House refused to concur in the Senate Amendment, because it had removed the 200 cap... 200 dollar cap on liens that are currently set forth in the Chattel Lien Act. Conference Committee Report #1 reinstates this 200 dollar maximum on chattel liens. All other provisions of the Bill are left intact. As the Conference Committee Report is submitted to you, it's supported by the Motor Vehicle Laws Commission, and I move for passage of... or acceptance of Conference Committee Report #1 on 1293."

Speaker Matijevich

"Representative Hoffman has moved that the 252 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 House do adopt House... the First Conference Committee Report on House Bill 1293. The Gentleman from Effingham, Representative Brummer."

Brummer

"Yes, will the Sponsor yield?"

Speaker Matijevich

"He indicates he will. Proceed."

Brummer

"Does this alter an existing lien, or does this create an entirely new lien with regard to towed vehicles?"

Hoffman

"It... It has the 200 dollar... It puts the maximum lien back at 200."

Brummer

"No, I understand that, but the underlying Bill itself. Does it establish a lien where no lien prior to this law exists, or does it somehow alter the lien?"

Hoffman

"It does not, as I read it anyway, does not alter the lien."

Brummer

"You mean there is currently in existence a lien with regard to towed vehicles?"

Hoffman

"There is a possessory lien, yes, according to my counsel back here."

Brummer

"So, how does this alter the existing law then?"

Hoffman

"The Amendment puts the 200 dollars back in. This relates to vehicles which are towed under a police order. And it also has a change in the law that Representative Topinka put in in the House."

Brummer

"Thank you. Representative Cullerton has just explained the Bill to me."

Speaker Matijevich

"Representative Keane, James Keane. The Gentleman from Cook, Jim Keane. Oh, Al Ronan. I'm sorry. I had the wrong light."

Ronan

"Thank you, Mr. Speaker, Members of the House. I rise in support of this Bill. I think it's a very reasonable compromise. Obviously, the... when the Bill came back from the Senate, there were some severe problems, and it was a real consumer issue. At this point, it no longer has those 253 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 problems with that cap being established. I think Representative Hoffman has done a good job on protecting the consumer and also protecting small businessmen here in the State of Illinois. I urge everyone to give an 'aye' vote on this Bill."

Speaker Matijevich

"Representative John Dunn."

Dunn

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Just for the record, I would like to point out that I was a Member appointed to the Conference Committee on this particular piece of legislation and did not sign the Conference Committee Report, even though it does put back in the 200 dollar ceiling. First of all, I feel it was a little arrogant to take it out in the first place, because that would have meant that the lien could be in any amount. And I think it was clearly an attempt to... to fog one past us. Be that as it may, we are now in a situation where any vehicle removed from public property and stored by a commercial vehicle relocator or any other towing service shall be subject to possessory lien for services. Now, it's my understanding that the reason there is purported need for this legislation is that there have been court cases which indicate that there is, at the present time, no lien; that where a vehicle is towed without the permission of the owner, for example, if law enforcement authorities request that the vehicle be towed, the owner has not given his or her consent to the towing, there is at least an allegation that... that the tow operator may not have a right to recovery. It's also my understanding, and I'm sure what the practicalities of the situation are, that when you go to the towing company to discuss that, and you say, 'I don't have to pay you. You towed my car without permission.' You all know what the tow operator is going to say. The tow operator is going to say, 'Pay me, or you 254 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 don't get your car back; and, if you don't like it, sue me.' Apparently, someone did sue the tow operators, and there is a court case which does present a problem, I guess, to some tow operators. I think we could sit down and work this out, look at the details of the court case and the background for the court case. This is an industry which doesn't have the best public image because of some of the... the high-binder outfits in Chicago which have been labeled towing bandits. The industry does not have a ... the best reputation in the world. And I think if we sit down and figure out what is the best thing to do in this case, we could analyze the court case. We could analyze the needs of the tow companies. We could analyze the... the need to see that they are paid, if they actually do provide a towing service that is required and needed and maybe required even by law, and we could also insert some protection for the customer, the consumer, the person whose car is towed. I don't see any of that in here and all... The court case, as a matter of fact, arose out of the fact that the towing companies who were involved in many instances were unscrupulous. So, the genesis of the litigation which gives rise to this Bill is bad conduct by the towing companies. Let's sit down, iron this out, grind to a halt here and take care of everybody before we adopt this into law. You'll hear it's a good law. It waters things down, or it does this and that, but it's not ready yet. I refused to sign the Conference Committee Report. I would urge a 'no' vote on this Conference Committee Report. We can work on this over the summer, come back in the fall with a good piece of legislation."

Speaker Matijevich

"Representative Topinka, Judy Topinka, the Lady from Cook."

Topinka

"Yes, Mr. Speaker, I call the question and a vote, 255 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 please, on this very fine Bill with my terrific Amendment on it."

Speaker Matijevich

"Representative Gene Hoffman to close."

Hoffman

"Thank you very much. We have... We have put the 200 dollar maximum cap back in. We addressed the problem in a minimal way for those people who are involved in the business of removing vehicles, particularly from highways where they're asked to be removed by... by police authority for public health and safety. This is not the solution to all the problems, and that's one of the reasons why the Motor Vehicle Laws Commission is going to be looking at some of the circumstances Representat... or mentioned by the previous speaker. And the Motor Vehicle Laws Commission does endorse this Bill as approved by this Conference Committee, and I'd ask for you to... ask that you do the same thing."

Speaker Matijevich

"Representative Hoffman has moved that the House do adopt the First Conference Committee Report on House Bill 1293. Those in favor will signify by voting 'aye', those opposed by voting 'no'. This is final action and requires 60 votes. The board is open. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there is... 77 'ayes', 28 'nays', and the House... Representative Krska 'aye'. 78 'ayes', 28 'nays', 'nos', and the House does adopt the First Conference Committee Report on House Bill 1293. And this Bill, having received a Constitutional Majority, is hereby declared passed. House will be at ease for a moment. Representative McAuliffe, are you ready on Calendar... House Calendar Supplemental #2, Senate Bill 1064? We took that out of the record. Representative McAuliffe. Oh, here he is. House Supplemental Calendar #2 appears Senate Bill 1064. The Gentleman from Cook, Representative McAuliffe." 256 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

McAuliffe

"Mr. Speaker and Ladies and Gentlemen of the House, I would move to concur in the First Conference Report on House Bill 1064."

Speaker Matijevich

"Representative McAuliffe moves that the House do adopt the First Conference Committee Report on Senate Bill 1064. The Lady from Marshall, Representative Koehler."

Koehler

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Would the Sponsor please yield?"

Speaker Matijevich

"I don't know... He indicates he will. Get a little closer to the mike, Judy."

Koehler

"Thank you. Representative McAuliffe, I noticed that this is an Act in relation to the establishment of medical center districts in the City of Chicago, at... for the control and management thereof. Could you please tell me whether or not this Conference Committee Report contains any language similar to Amendments that have been introduced in the House before that had to do with the Chicago School of Medicine separating from the University of Illinois at Urbana-Champaign, which, in effect, would affect the Peoria School of Medicine and the Rockford School of Medicine, the regional schools of medicine?"

McAuliffe

"I'd like to take the Bill out of the record so I could answer her question. I really don't know."

Koehler

"Thank you."

Speaker Matijevich

"Representative Mautino. Did you take it out? Oh, I'm sorry. Out of the record. On... On House Supplemental Calendar #4, the Chair is going to go to those Bills that have been printed and distributed to the Members, and thereon appears House Bill 465, Representative Winchester. The Gentleman from Hardin, Representative Winchester, on House Bill 465 on Supplemental #4."

Winchester

"Thank you, Mr. Speaker and Ladies and Gentlemen of 257 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 the House. 465 was on Concurrence and ready to go to the Governor, but Speaker Madigan and Minority Leader Daniels asked me to see that this got back to a Conference Committee for some important projects for their area of the state. This would include in my Bill the authorization for the Back of the Yards County Fair located in Chicago and a DuPage County Fair located in DuPage County, and I would now ask for the adoption of Conference Committee Report #1."

Speaker Matijevich

"The Gentleman has moved that the House do adopt First Conference Committee Report on House Bill 465. Representative Mautino, the Gentleman from Bureau County."

Mautino

"Will the Gentleman yield for a question?"

Speaker Matijevich

"He indicates he will. Proceed."

Mautino

"I understand full well the rationale for this Conference Committee. My concern is, it's an absolute line item appropriation in both instances. The normal formula under the Agricultural Premium Fund is based on the expenses and the prizes and emoluments that are involved within a county... a county fair. In that regard, how did you come up with the numbers 100 and $150,000 line items?"

Winchester

"Well, Representative Mautino, I think you know that I'm not in a position to really answer that question, in that it was not... they're not my proposals. I'm hard pressed to indicate how Speaker Madigan and Minority Leader Daniels did that. All I can say is that I support the... the addition of these items to House Bill 465."

Mautino

"Might I also ask, then, wouldn't it be nice if they were submitted on the same formula that every other county fair has to operate under?"

Winchester

"That probably would be a... another way of going about getting the funds that they need for their program, yes." 258 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Mautino

"My final question would be that, as I look at this legislation, you've got substantive language and appropriation in the same Bill. I really don't know where we've ever done that before."

Speaker Matijevich

"Is that a question? No... No. Representative Ropp, the Gentleman from McLean County."

Ropp

"Yeah, Mr. Speaker. Would the Sponsor yield?"

Speaker Matijevich

"Proceed."

Ropp

"Can you tell me where Back of the Yards County is?"

Speaker Matijevich

"County?"

Winchester

"It's the..."

Ropp

"Well, most all... most all county fairs are named McLean County Fair, Logan County Fair, DeWitt County Fair, based on the county. I just wondered whether or not we have a new county in the state that I overlooked called Back of the Yards County."

Winchester

"Well, it's the Back of the Yards County Fair, located in Speaker Madigan's area in Chicago."

Ropp

"I'm sorry. I didn't hear."

Winchester

"It's called the Back of the Yards County Fair, located in Speaker Madigan's district in Chicago."

Ropp

"In whose district?"

Winchester

"Speaker Madigan's district."

Speaker Matijevich

"Have all voted?"

Ropp

"Thank you."

Speaker Matijevich

"Have all voted who wish? Representative Brummer."

Brummer

"Yes, I guess... I don't understand equity sometimes, but it seems to me $100,000 for the appropriation for the Back of the Yards in Cook County and 150,000 in DuPage County... I just don't understand the allocation, and I wonder if the Sponsor might... obviously, that's not on the basis of population, because the... the fair in the Back of 259 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 the Yards County would surely be larger than the DuPage County. How was the allocation arrived at?"

Speaker Matijevich

"If you can't figure that one cut, you can't figure anything out. Representative McGann. Oh, was that a question? I think you had the answer to it yourself."

Brummer

"What was the answer? What was the answer?"

Winchester

"I don't know. I'm just a peon around this place."

Brummer

"Okay. Fine. Thank you very much."

Speaker Matijevich

"Alright. Representative McGann. Is..."

McGann

"Mr. Speaker, I would like to have the record corrected."

Speaker Matijevich

"Proceed."

McGann

"The Back of the Yards area is not in Speaker Madigan's district."

Speaker Matijevich

"Whose district is it in?"

McGann

"I... No, I am... I border... My northern end of the district borders the area of the Back of the Yards, but I would have to yield to, I believe, Representative Vitek and Representative Krska. They are the culprits."

Speaker Matijevich

"Um hum. In other words, you think they put this... these funds in."

McGann

"No. Mr. Speaker?"

Speaker Matijevich

"Go ahead."

McGann

"Further in the other part of this Conference Report is DuPage County. Now, I would like to know exactly what representation takes place from that area in the districts. I'm sure there must be a couple involved."

Speaker Matijevich

"There's a lot of them here from DuPage County. If they all raise their... if they all raise their right hands, you'll know why Lee Daniels became the Minority Leader."

McGann

"Well, that's more reason why they should support this legislation, after the show of those hands. Thank you, Mr. Speaker." 260 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

Speaker Matijevich: "Alright. Representative Kulas... Representative Kulas."

Kulas

"I move the previous question."

Speaker Matijevich

"Alright. I don't think we have to. Representative Winchester to close."

Winchester

"I would just ask for a very nice, big vote, Mr. Speaker."

Speaker Matijevich

"Representative... Representative Winchester has moved that the House do adopt the First Conference Committee Report on House Bill 465. Those in favor signify by voting 'aye', those opposed by voting 'no'. This is final action and also requires 71 votes. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 79 'ayes', 29 'nays', 3 answering 'present', and the House does adopt the First Conference Committee Report on House... House Bill 465, and this Bill, having received a Constitutional Three-Fifths Majority, is hereby declared passed. Back to the Supplemental 2 House Calendar. Representative McAuliffe on Senate Bill 1064. He's ironed that out, I guess, and he's racing down the aisle. Representative Roger McAuliffe."

McAuliffe

"Mr. Speaker, Ladies and Gentlemen of the House, I would move that we adopt Conference Committee Report #1 to House Bill 1064."

Speaker Matijevich

Speaker Matijevich: "The Gentleman has moved to adopt the Committee... the First Conference Committee Report on Senate Bill 1064. There being no discussion, all those in favor signify by voting 'aye', those opposed by voting 'no'. First Conference Committee on Senate Bill 1064. This is final action and requires 71 votes. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 85 'ayes', 15 'nays', 261 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 13 voting 'present', and the House does adopt the First Conference Committee Report on Senate Bill 1064; and this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. On Supplemental Calendar #4 appears Senate Bill 186. Representative Bowman is still with the appropriations and budget process. Cut of the record, unless somebody's handling that for him. Is Representative Giorgi in the floor? I believe we're ready with Senate Bill 972. Representative from Winnebago, Representative Giorgi, on Senate Bill 972."

Giorgi

"Mr. Speaker, this is the Bill that caused the problem today about proprietary institutions that wanted to get in the scholarship funding. We take that cut of the Bill, and this is the original Bill that allows for scholarships to... institutions, when they... there are enough students that have, in the first place, paid for the course, and there may be a couple of empty seats for the old timers that pay the taxes for the junior colleges. I urge your support."

Speaker Matijevich

"Representative Giorgi has moved that the House do adopt the Second Conference Committee Report on Senate Bill 972. The Gentleman from DeWitt, Representative Vinson."

Vinson

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

Speaker Matijevich

"He indicates he will. Proceed."

Vinson

"Representative, I don't have a copy of the Conference Committee Report here, at least, that I can quickly find. Can you tell me if the assistance to the proprietary schools is removed?"

Speaker Matijevich

"Representative Giorgi."

Giorgi

"Completely. Completely out."

Vinson

"Thank you." 262 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"Representative Birkintine. Representative Satterthwaite."

Satterthwaite

"Mr. Speaker and Members of the House..."

Speaker Matijevich

"This is Senate Bill up... on the board. Senate Bill, Tony."

Satterthwaite

"The Second Conference Committee Report now puts this Bill in the same form as it passed out of the House earlier. I'm in full support and hope that you will give the Sponsor your support."

Speaker Matijevich

"There being no further discussion, Representative Giorgi moves that the House do adopt the Second Conference Committee Report on Senate Bill 972. This is final action and requires 71 votes. 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 88 'ayes', 20 'nays', and 1 answering 'present', and the House does adopt the Second Conference Committee Report on Senate Bill 972. This Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. This is Senate Bill. That was Senate Bill. Alright. On Supplemental Calendar #4 appears House Bill 114, Representative Brookins. The Gentleman from Cook, Representative Brookins."

Brookins

"Yes, Mr. Speaker, all the Amendments that had been placed on this Bill has been removed, and now it's in the form that we originally passed it out of this House over four months ago. And I ask for a favorable vote."

Speaker Matijevich

"Representative Brookins has moved for the adoption of the Second Conference Committee Report on House Bill 114. There being no discussion, those in favor will signify by voting 'aye', those opposed by voting 'no'. This is final action and requires 60 votes. Have all voted? Have all voted who wish? The Clerk will take the 263 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 record. On this question, there are 96 'ayes', 10 'nays'. Representative Brummer 'aye'. Brummer 'aye'. 97 'ayes', 9 'nays', 5 voting 'present', and the House does adopt Second Conference Committee Report on House Bill 114. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1864, Representative Davis. Are you ready to proceed on that?"

Davis

"Yes, Mr. Speaker and Members of the House, the First Conference Committee... the board isn't changed, Sir. The First Conference Committee Report on... on..."

Speaker Matijevich

"House Bill 1864."

Davis

"House Bill 1864 - thank you, Mr. Speaker - is an enforcement provision on bootlegging for cigarettes to tighten up the ability of the Department of Revenue to address that issue. That was the base Bill. It has also been amended to include two new appointments to the property tax... State Property Tax Appeals Board, and I suggest to you that if anybody or any of you have ever been involved in trying to get a decision out of that board, you'll understand that it's even worse than the Industrial Commission, of which Representative McPike spoke about on 1070 awhile ago. You just can't get one. It takes seven or eight or nine or ten months to get an expedited hearing on a property tax appeal out of that Board. Part of the problem is there's only three members on it. They're just swamped with work. They can't get the decisions out and decisions that affect taxing districts all over the state and employer groups and people all over the state who are trying to seek equity in the State Property Tax Appeals Board, which is a judicial review of what happens at the county level, outside of Cook, of course. And I simply say to you that it... whether you're for additional appointments to boards or not, this one is critical to the 264 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 assessment process in the State of Illinois, and I recommend it to you for your approval and move do adopt on Conference Committee Report #1 to 1864."

Speaker Matijevich

"Representative Davis has moved that the House do adopt the First Conference Committee Report on House Bill 1864. The Gentleman from Cook, Representative Yourell."

Yourell

"Will the Gentleman yield?"

Speaker Matijevich

"He indicates he will. Proceed."

Yourell

"Jack, can you tell me why adding three members to the board, making a six member board instead of a three, will expedite the work of that board?"

Davis

"Well, I am told - and I really believe that it's probably true - I am told that this board takes individual cases under review and then brings them to the board, and whether that's a good procedure for the board or not, it's the only way they can handle the workload now. And by adding two more, it is thought that; number one, you will bring additional expertise to the board by broadening its scope of knowledge, and the extra two members will increase the workload by two-thirds."

Yourell

"Are you suggesting that... "

Davis

"I mean satisfy the work load by two-thirds."

Yourell

"With five members, they'll each take a case home and look at it and come back and make a recommendation?"

Davis

"I'm not suggesting that. I'm suggesting that the members do have pre-hearing conferences with the conferees and then get back together for the board decisions. If you... If you would suggest to me that that's making a deal, maybe that's the way they handle things, but whatever way they handle it, they ain't handling it."

Yourell

"My only problem with it is, it seems to me that three people can reach a decision a hell of a lot quicker than 265 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 five can."

Davis

"Well, I would probably subscribe to that, Representative Yourell, and get the Legislature down to three, and we can really do some business around here."

Yourell

"That's coming."

Speaker Matijevich

"Representative Brummer."

Brummer

"Yes, what is the salary of the individuals who are members of the Property Tax Appeal Board?"

Davis

"I'm not certain of that, and I don't see any of the staff people... It's $12,000 a year."

Brummer

"$12,000 a year?"

Davis

"That's what I'm told."

Brummer

"Are they full time?"

Davis

"Well, there is some confusion on that point. Not the full time, Representative Brummer. There's some confusion on 12,000, and the staff guy's not here. I can't answer the question. Take it out of the record."

Brummer

"Well, I'm just amazed..."

Davis

"I'm going to take it out, too, until I get the answer. I'm sorry to have taken the House's time."

Speaker Matijevich

"Out of the record. I understand Representative Preston is now here on Supplemental Calendar #3. We took House Bill 112 out of the record. The Gentleman from Cook, Representative Preston."

Preston

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I'd ask you to accept Conference Committee Report #1. The Conference Committee Report has the Senate receding from the Amendment that they attached to the Bill. The Bill is now in exactly the same posture it was when it was passed by the House, and I'd ask that we adopt the Conference Committee Report."

Speaker Matijevich

"Representative Preston has moved that we adopt the First Con... do adopt on the First Conference 266 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Committee Report on House Bill 112. Representative Brummer."

Brummer

"Yes, I understood the words the Gentleman spoke, but I don't understand what the Bill does. If we pass it... If we pass the First Conference Committee Report, then I wonder if he might refresh the memory of some of us who did not recall what House Bill 112 did."

Preston

"Sure, Representative Brummer. The Circuit Court of Cook County has a Building Court Division, which hears building code violation cases. What this Bill does, and what the Conference Committee Report says is that the... the Bill requires any motions for continuance in that court to be on a written motion which states the reason the continuance is being granted."

Brummer

"Okay. Thank you."

Preston

"And that's exactly the same posture this Bill was in when it was successfully passed by the House. The Senate tacked some Amendment on which they have receded from, according to this Conference Committee Report."

Speaker Matijevich

"The Gentleman from DeWitt... Oh, are you through, Representative?"

Preston

"Yes, thank you. It's a reasonable Bill."

Speaker Matijevich

"The Gentleman from DeWitt, Representative Vinson. There being no further discussion, Representative Preston has moved that the House adopt the First Conference Committee Report on House Bill 112. This is is final action and requires 60 votes. 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 110 'ayes', 1 'nay', and the House does adopt the First Conference Committee Report on House Bill 112; and this Bill, having received the Constitutional Majority, is hereby declared passed. 267 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 House Bill 1941, Wait. Representative Wait on House Bill 1941."

Wait

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I ask the House to accept Conference #1. Basically, just to refresh your recollection on what this Bill does, it permits the state to self insure. It does not require them. It strictly would permit them if they so choose. Also, it would allow the state to continue dependent coverage with other insurance carriers as it is presently. Also, it allows a beneficiary's recipient of a Judge's retirement system to substitute his spouse. It further provides that our friend the Toll Highway Authority will now be responsible for their employees when they retire and will put money into the Central Management System to reimburse for their cost of their employees. And finally, it limits the outpatient psychiatric care reimbursement under the State Employees' Group Insurance Plan to 50 visits per fiscal year. However, in order to have the insurance reimbursement to continue for visits over 50, a certification of necessity is required of the attending provider of such care. Such certification shall be on a form designated by the Director of Central Management, and each visit shall be a maximum of 50 percent or a maximum of 25 dollars, whichever is less. I'd be happy to answer... And this Bill would save approximately two million dollars. I'd be happy to answer any questions."

Speaker Matijevich

"Representative Wait has moved that the House do adopt the First Conference Committee Report on House Bill 1941. The Lady from Champaign, Representative Satterthwaite."

Satterthwaite

"Would the Sponsor repeat, please, what happened with the psychiatric care?"

Wait

"Yes. There's been quite a bit of negotiations today on 268 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 this, and I'm happy to announce that all parties involved in this; AFSCME, the people representing the psychiatrists, the Central Management, and all parties that are directly involved in this, have now come to agreement that they feel that they are satisfied with as far as the psychiatric care and this type of language."

Satterthwaite

"Thank you."

Speaker Matijevich

"Representative Mike Curran."

Curran

"Thank you, Mr. Speaker. Will the Gentleman yield?"

Speaker Matijevich

"Yes, Sir. Proceed."

Curran

"Representative Wait, I agree with your Bill, and I'm going to support it. I just want to help you establish legislative intent with a couple of short questions. The first question is that the Conference Committee Report requires a certificate of necessity be submitted by the provider of psychiatric care after the state employee makes 50 outpatient visits. Does this necessity mean medical necessity or does it mean medical or psychological necessity?"

Wait

"The latter, both medical and psychological."

Curran

"It means medical or psychological necessity."

Wait

"Right."

Curran

"In other words, the Department of Central Management Services, by the provisions of this Bill, would be able to make payments to psychiatrists, or clinical psychologists, or psychiatric social workers."

Wait

"Yes. That is correct."

Curran

"Thank you very much. I support this Bill."

Speaker Matijevich

"There being no further discussion, Representative Wait has moved that the House do adopt the First Conference Committee Report on House Bill 1941. Those in favor signify by voting 'aye', those opposed by voting 'no'. This is final action and requires 71 votes. 269 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 112 'ayes', 2 'nays', 1 answering 'present', and the House does adopt the First Conference Committee Report on House Bill 1941. This Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. The House will be at ease. I see Representative Terzich here. Are you ready to proceed with Senate Bill 310 on Supplemental Calendar 4? No? Out of the record. On Supplemental Calendar #4, House... Senate Bill 98, the Gentleman from Lake, Representative Dan Pierce."

Pierce

"Mr. Speaker, Ladies and Gentlemen of the House, Senate Bill 98 is on Conference Committee Report #1. It retains the original purpose of the Bill."

Speaker Matijevich

"It's on #4. That's right. Proceed, Dan."

Pierce

"Oh, excuse me. It's Conference Committee Report #1."

Speaker Matijevich

"Oh. Um hum."

Pierce

"Which is before us is Supplemental Calendar #4."

Speaker Matijevich

"Yes. Okay. Proceed."

Pierce

"Alright. The Bill retains the original purpose of the Senate Bill, which was to make certain that interest and dividends were not withheld under the Illinois Income Tax when the Federal Government... when and if the Federal Government starts to do this under our coupling provision. It retains House Amendment #1, which they originally refused to concur in that includes pensions and deferred compensation programs in what is not to be withheld so that nothing new will be withheld after the Federal Government starts withholding, that is, if they start to withhold. But beyond that, beyond the original purpose of the Bill, two other things are added, suggested primarily by the Taxpayers' Federation of Illinois. One permits a 60 day delay from the due date of filing a return or estimated tax 270 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 declaration for taxpayers living or traveling outside the United States. This would bring us into conformance with federal law. Thus, if you're taking a trip abroad on June 15, you would have 60 days to file that estimate, or if you're abroad on April 15, up to 60 days to file your federal income tax return and your state income tax return, which you could get automatically, now, under the federal. You will now be able to get it under the state. And the other thing that the Conference Committee does, is, provides for information from the Department of Revenue on the amount of revenue obtained from each county, the collections and refunds of the income tax. This information will be helpful in planning, in statewide planning. It will show the collections in the various counties and the number of people paying taxes, receiving refunds, and also the number of out of state taxpayers and the residents who pay or collect taxes. No individual information will be available, only the aggregates. I therefore move adoption of Conference Committee Report #1 on Senate Bill 98."

Speaker Matijevich

"Representative Pierce moves the adoption of the First Conference Committee Report on Senate Bill 98. On that, the Gentleman from Kendall, Representative Hastert."

Hastert

"Mr. Speaker, Ladies and Gentlemen of the House, I'd like to join Representative Pierce in recommending that we adopt this Conference Committee Report. It contains information and language that we passed in the General Assembly previously, and it's a good, sound Report, and I ask for your favorable vote."

Speaker Matijevich

"There being no further discussion, the question... Representative Pierce has moved that the House adopt Conference Committee Report #1 to Senate Bill 98." 271 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Those in favor signify by voting 'aye', opposed voting 'no'. This is final action and requires 71 votes. Have all voted who wish? Have all voted? The Clerk will take the record. Steczo 'aye'. On this question, there are 111 'ayes', no 'nays', and the House does adopt the First Conference Committee Report on Senate Bill 98; and this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. The House will be at ease again. Calendar announcement."

Leone

"Supplemental #5 to the House Calendar is now being distributed."

Speaker Matijevich

"On page three of the Regular Calendar, House Bill 1978, Representative Jack Davis. Is that out? Out of the record. The House will now go to the Supplemental Calendar #5, Conference Committee Reports. Those Bills... Reports that have been distributed from the information to the Chair. House Bill 813, Representative Peterson. The Gentleman from Lake County, Representative Peterson."

Peterson

"Thank you, Mr. Speaker, Members of the House. Conference Committee Report 1 on House Bill 813 provides that the 10 cent rate extended for general assistance purposes by townships will be established as a permanent base rate. This 10 cent rate could be increased only by a front door referendum, and I move for approval of this Conference Committee Report."

Speaker Matijevich

"Representative Peterson moves for the adoption of the First Conference Committee Report on House Bill 813. There being no discussion, those in favor will signify by voting 'aye', those opposed by voting 'no'. This is final passage and takes 60 votes. Have all voted? Have all voted who wish? The Clerk will take the record. On this, there are 170... 107 'ayes', 1 nay, and the House does adopt the First Conference Committee Report on House 272 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Bill 813. Woodyard 'aye' and Oblinger 'aye'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1812, Myron Olson."

Olson

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1812 is the State Board of Elections offering, which deals with, in its initial essence, the preparation of computer generated cards to indicate a party selection, Republican or Democrat. The Conference Committee has also added an Amendment which provides that local election authorities forward to the State Board of Elections copies of maps and canvass lists within the prescribed time so as to be of assistance in future redistricting. I move for the adoption of the Conference Report to House Bill 1812."

Speaker Matijevich

"Representative Olson has moved that the House do adopt House Bill... the Conference Committee Report, the First Report on House Bill 1812. On that, the Gentleman from Effingham, Representative Brummer."

Brummer

"Yes. Will the Sponsor yield?"

Speaker Matijevich

"He indicates he will. Proceed."

Brummer

"Would you explain the Bill in a little more detail? Will this... You referred to computer generated information about partisan elections. What if the county is not... does not use a computer? Will they have to provide information about how individuals voted in a primary? Is that what you're referring to, is a partisan election?"

Olson

"That would be the nominal applications. It provides for the ability, if you have computer generated cards, to have a check off to indicate the Party."

Brummer

"And would that be available to the... anyone who wanted it, then?"

Olson

"That is available." 273 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Brummer

"Is there a fee charged for that?"

Olson

"I'm sorry. I didn't hear, Rich."

Brummer

"Can the county charge a fee for providing that information and generating that material?"

Olson

"These are the appli... These are the applications."

Brummer

"We... We had a Bill here at one time, and I don't know if this is it, which would have provided that the county had to provide certain data as to when individuals registered, which ones registered since the last election, and what Party or which primary election they voted in, and the County Clerk would have to provide that information to anyone seeking it. Are any of those provisions within this Bill?"

Olson

"No. That was a different application, Rich. That's not provided for here."

Brummer

"Okay."

Olson

"Let me just run this by you. The effect of the Bill as offered provides that in primary elections, a single computer generated application for ballots may be used for statewide political parties if it has spaces or check off boxes. This is a new aspect the State Board is looking at to provide for the generation of that information where you have computer equipment."

Brummer

"Thank you."

Speaker Matijevich

"Representative Olson has moved that the House do adopt First Conference Committee Report on House Bill 1812. Those in favor signify by voting 'aye', opposed by voting 'no'. This is final passage, and the Bill requires 71 votes. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 110 'ayes', 3 'nays', 2 answering 'present', and the House does adopt the First Conference Committee Report on House Bill 1812, and this Bill, having received the 274 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Constitutional Three-Fifths Majority, is hereby declared passed. Senate Bill 26, O'Connell. The Gentleman from Cook, Representative O'Connell, on Senate Bill 26."

O'Connell

"Thank you, Mr. Speaker and Members of the House. Senate Bill... the Conference Committee Report of Senate Bill 26 simply concurs in the House Amendment #2, which created, without any funding, the Vietnam Veterans' Leadership Act to be installed in the Department of Commerce and Community Affairs, in an effort to eliminate many of the problems that Vietnam veterans are having in finding job opportunities. There is no funding in this. It is simply the mechanism that if funding ever were to arrive, which is not included in this current appropriation, either through state or federal funds, the mechanism would be there for the Vietnam Veterans' Leadership Program Act, which is a voluntary coordination of these job opportunities in the field offices of the Department of Commerce and Community Affairs. In addition, it expands the number of Commissions membership without creating any new Commissions. It does create... enhance public membership, and in certain instances, legislative membership on these Commissions. I'd be happy to answer any questions or ask for a favorable adoption."

Speaker Matijevich

"Representative O'Connell moves to adopt the First Conference Committee Report on Senate Bill 26. Representative Nelson."

Nelson

"Thank you very much, Mr. Speaker and Members of the House. A question of the Sponsor."

Speaker Matijevich

"Proceed."

Nelson

"I was interested in your use of the word 'enhancement' to describe members being added to these Commissions. Could you tell me how many members are added to how many Commissions under this Bill?" 275 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

O'Connell

"It varies, depending on the Commission. Most of the membership is, my review of the addition to the Conference Report, most of them are increased by two."

Nelson

"And how many Commissions are there in this Bill?"

O'Connell

"I think there are 12."

Nelson

"Thank you."

Speaker Matijevich

"Representative Birkinbine."

Birkinbine

"Thank you, Mr... "

O'Connell

"I'm sorry. Could I just add to that last... The Commission on the Status of Women is increased by eight, not two."

Speaker Matijevich

"Representative Birkinbine."

Birkinbine

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'm afraid there was some incorrect information put out last night. Just about 24 hours ago, the talk going around the Capitol was that the State of Illinois was on the brink of bankruptcy, and things were tough. Well, I think we can all tell our people that that was wrong. All of a sudden, we're in the money, and happy days are here again. This is a dynamite Bill. I suggest everybody go through it and mark it up, because we've got possibilities out there for just tons of our constituents. You can run from anything from the Illinois Transportation Study Commission, where we're jacking up the number of public members from six to 14, or if you want to get somebody a real paying job, you could get on the Pollution Control Board, where we're adding three new members who are going to be paid... let's see... $37,000 a year. We've got something for everybody in here, and it's too bad that we might have scared people last night by saying the state really doesn't have money to pay for things such as having people work on Commissions and all. Gee, we'll even bring you down to Springfield, or if you're a downstater, maybe 276 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 we'll have a meeting in Chicago and not only pay your travel expenses, but if you have to travel a certain distance, we'll put you up overnight. We're a real sugar daddy. This is nifty. Now, I'm willing to admit that a number of these Commissions do a very good job. Perhaps more of these Commissions shouldn't even exist, but no matter how you look at it, this is going to be fun time for our constituents, and we ought to let them all know."

Speaker Matijevich

"The Gentleman from DeWitt, Representative Vinson."

Vinson

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I think there are a number of points in regard to this particular Conference Committee Report, and in regard to the entire subject of Commissions that ought to be properly discussed and aired in this General Assembly at this time, because I believe a number of comments and a number of impressions have been created which are at odds with the facts. Number one, I know in the Republican Conference - I do not know what occurred in the Democrat Conference - but I know in the Republican Conference, there was a very exhaustive discussion of the allocations for areas of the budget that would be permissible if, in fact, we adopted the revenue program that was passed last night. One of the things that was pointed out and is still true, is that the total budget for Commissions for the State of Illinois will not be, in any fashion, increased in this fiscal year. Now, that is a fact. That is a reality of the fiscal situation. The fact that some Commissions will be abolished, the fact that other Commissions will be created, is a subject which ought to occur in any legislative Session. The fact that some boards should be expanded and some boards contracted is something that should always occur. I would call your attention 277 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 particularly to the Report on this particular Conference Committee Report. Yes, indeed, the Pollution Control Board is increased in size. Resting on your desks are Conference Reports on three different pieces of legislation dealing with... in the field of hazardous waste. I think people from all over this state have come to be concerned about hazardous waste. As a matter of fact, a member of the Republican Party, who I had the benefit of a discussion with just recently, and who at one time was included on the environmental groups' dangerous dozen or dirty dozen list, told me that he had become frightened about what we were doing in the field of hazardous waste and the environmental effects in the future. And as you know, you have those three reports on your desks at this time. Those three reports substantially increase the workload of the Pollution Control Board, and the Pollution Control Board has a very substantial delay in its workload at this time. Now, some people are concerned about the impact government has on private industry in the State of Illinois. When government cannot act on variances, on approvals of variances, things of that nature in the Pollution Control Board, when it cannot act expeditiously on regulations and exemptions from regulations in the Pollution Control Board, then government is imposing on private business an unnecessary burden that creates costs for private business. When government cannot act in the case of the Tax Appeals Board on protested property tax cases, then government is imposing unnecessarily on property tax payers who have a right to the expeditious settlement of their protests. When government cannot act in an expeditious fashion in the Industrial Commission, then we're just simply building up costs in the insurance industry and on the business community in this state. Government has assumed certain 278 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 functions, and you do not reduce the costs on business, you do not reduce the costs on society in general, and you do not make the situation any better by creating more awkwardness and slowness and delay in getting those decisions. Even if those decisions are bad, you ought to get those decisions quickly so you can appeal them. The worst thing that can happen - and I think every one of us know this in talking to our constituents - the worst thing that happens is the piece of paper that lays forever on the desk of a government bureaucrat. Now, some of these things, and particularly in this Report, the expansion of the Pollution Control Board will have a very salutary effect on business in this state, because it will enable business in this state to get a quick decision on a variance, on an exemption, on how a regulation applies, and before Members just simply demagogue something like this, they ought to think through the entire process. And for that reason, I would urge an 'aye' vote on the Conference Committee Report #1 on Senate Bill 26."

Speaker Matijevich

"The Gentleman from Cook, Representative Kulas."

Kulas

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

Speaker Matijevich

"Representative Kulas moves the previous question. The question is, 'Shall the main question be put?' Those in favor say 'aye', those opposed say 'no', and the main question is put. Representative O'Connell to close."

O'Connell

"Thank you, Mr. Speaker and Members of the House. I might point out that this is not creating Commissions of the type that have been subject to criticism earlier in the past few days. These are stable, sound, traditional Commissions that are simply being added to in its membership. The only Commission or board that is paid a 279 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 salary is the Pollution Control Board. The other commissioners are being... members are being added across the board equitably between public membership and legislative membership. The Governor's Office and the legislative leadership has equal authority in making their appointments, and the appointments are made equitably between both legislative and public membership. As to the Pollution Control Board, Representative Vinson has well outlined the increased workload that the Pollution Control Board has had in the past decade. And certainly, since in the past two years, with the additional burden of the site selection process, in which appeals are made directly to the Pollution Control Board, we must make some accommodation for this increased workload. I'd ask for your adoption of the Conference Committee Report #1."

Speaker Matijevich

"Representative O'Connell has moved for the adoption of the First Conference Committee Report on Senate Bill 26. Those in favor signify by voting 'aye', opposed by voting 'no'. This is final action and requires 71 votes. Representative Ropp, one minute to explain his vote."

Ropp

"Yeah, thank you very much, Mr. Speaker and Members of the House. I'm not going to speak in opposition to the Commission concept itself. I think what is important to note is that on this particular piece of legislation, we are increasing by more than 132 additional people. I think it's the cost of this and the necessary need or the feeling that we have to have additional people. I've found that many of these Commissions, unfortunately, at least as pertains to Legislators, that only about half of them ever show up. I think that's a tragedy, and as you get more and more people, you'll find that the efficiency of that Commission lessens. I urge a 'no' vote." 280 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Speaker Matijevich

"Representative Dwight Friedrich, one minute to explain his vote."

Friedrich

"Well, Mr. Speaker, I've always heard that a camel is a horse put together by a Committee, and I don't know whether the camel would have looked any better if it had more members on the Committee or not, but you're adding a hundred people here who are going to be traveling around at state expense and getting per diem for traveling, and I... if we're trying to save money, I don't believe this is the way to do it."

Speaker Matijevich

"Have all voted? This requires 71 votes. Have all voted? Have all voted? Have all voted? Have all voted who wish? Wait a minute. Representative O'Connell to explain his vote."

O'Connell

"It's important to differentiate between adding public membership and creating whole new Commissions. The machinery is already in order for these Commissions. What we're talking about is, in most cases, two to three additional members. No new staff. No new equipment. No new issues. The issues are there. We're talking about the Commission on the Status of Women. We're talking about the Judicial Advisory Council. We're talking about the Economic Development Commission. These aren't fly-by-night Commissions. These aren't legislative creations that are done to suit the patronage of the various legislatives involved. These are good Commissions. I'm simply asking for an additional few members for each Commission. I'd ask for some more green votes."

Speaker Matijevich

"Representative Wojcik, one minute to explain her vote. Oh, your light was on. I'm sorry. Have all voted who wish? Have all voted who wish? The Clerk will take the record. Is there one more brave soul out there? The Gentleman... Wait a minute. We did take the record. 281 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 The Gentleman has a right to ask for a Poll of the Absentees, and I think that's what he wants. The Gentleman from Cook, Representative O'Connell."

O'Connell

"Poll of the Absentees, please."

Speaker Matijevich

"Before we do, Representative Johnson, for what purpose are you seeking recognition? Well, let's ask for the Poll of the Absentees, first."

Leone

"Poll of the Absentees. Bullock. Deuchler. Doyle and Mautino."

Speaker Matijevich

"Alright. This... Take the record. Representative Mautino, for what purpose are you seeking recognition? Representative Mautino."

Mautino

"I am not recorded, Mr. Speaker. Please record me 'aye'."

Speaker Matijevich

"Record him 'aye'. Take the record. On this question, there are 71 'ayes', 43 'nays', 1 voting 'present', and the House does adopt the First Conference Committee Report on Senate Bill 26; and this Bill, having received the Constitutional Majority, the Extraordinary Three-Fifths, is hereby declared passed. Senate Bill 434, out of the record. Senate Bill 437, Topinka. The Lady from Cook, Representative Topinka."

Topinka

"Yes, Mr. Speaker and Ladies and Gentlemen of the Assembly, for the second time today, I come before you with Senate Bill 437. I would ask that we concur with the Conference Committee #2, which, I would hope, would now solve the... what I feel was the last remaining problem to this Bill. What the Bill does is ask that parents take responsibility for their children's drinking, and what we have done now is to clarify the problem that was presented by Representative Brummer regarding whether or not children leaving the home without the knowledge of their parents would still subject their parents to a liability that has 282 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 been taken care of by Conference Committee #2. I'd be happy to answer any questions that you feel may be remaining after the many times I've appeared before you. If not, I would appreciate a favorable vote."

Speaker Matijevich

"Representative Topinka has moved that the House adopt the Second Conference Committee Report to Senate Bill 437, and on that, the Gentleman from Macon, Representative Dunn. And I want to remind the membership that we had a real long debate on the First Conference Committee, and let's try to hold this down a little bit. Representative Dunn." Dunn, J.: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The word 'know' and 'knowingly' has been inserted in a couple places in this Bill at this time, but the Bill still seems to me to say that the person who is charge of the residence only gets himself or herself in trouble if they know there is a gathering, and know that someone is under the age of 18, and know that they leave the residence in an intoxicated condition. Now, for the purpose of legislative intent, I wonder if to become... to be found guilty under this proposed piece of legislation if the person in charge of the residence must seek out and check identification for each person who comes to the residence, because if they don't, they won't know... They will certainly know whether there's a gathering, but if they don't check sufficient identification, ask them to produce drivers' licenses or other identification, they won't know for sure that someone is under the age of 18. And if they don't know for sure that someone is under the age of 18 and, of course, behind their back, they may not know whether intoxicating beverages are brought into the premises or consumed. And, of course, if they don't know whether they're age 18, they also won't know whether the 283 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 person leaves the premises under age 18 in an intoxicated condition. So I... I think the Sponsor has somewhat improved this legislation, but it is an ill-founded concept, and it should be soundly defeated."

Speaker Matijevich

"Representative Vinson, the Gentleman from DeWitt."

Vinson

"Mr. Speaker, Ladies and Gentlemen of the House, I would urge an 'aye' vote on this. It's a simple vote for parental responsibility, and that's the one way you're going to get this situation under control."

Speaker Matijevich

"Representative Topinka to close."

Topinka

"I would just ask for a favorable Roll Call. I think we've made all the points in... Obviously there are..."

Speaker Matijevich

"Representative Topinka moves to adopt the First (sic - Second) Conference Committee Report on Senate Bill 437. Those in favor signify by voting 'aye', those opposed by voting 'no'. This is final passage and takes 60 votes. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 73 'ayes', 23 'nays' and 11 voting 'present', and the House does adopt the First... Representative O'Connell, for what purpose do you rise?"

O'Connell

"'Aye'."

Speaker Matijevich

"Representative O'Connell 'aye'. The House does adopt the First... Second Conference Committee Report, and Senate Bill 437, having received the Constitutional Majority, is hereby declared passed. House Bill 380, Capparelli. The Gentleman from Cook, Representative Capparelli."

Capparelli

"Mr. Speaker, I move to adopt First Conference Committee Report on 380. 380 recommends that it increases the maximum survivors' annuity from 400 to 500 payable to the spouse of the deceased participant of the Chicago 284 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Municipal Employees' and the Chicago Laborers'. This is the lowest annuity paid in the state, and we'll raise that to 500 dollars. It amends the Chicago Municipal Employees' Pension Article. It provides that any disability, for more than five years, on the sixth year shall... such benefits will increase by ten percent. This is a one shot. It amends also the Chicago Firefighters' Pension Article. It includes fire paramedics in the definition of firemen. I move to adopt Conference Commission (sic - Committee) #1."

Speaker Matijevich

"Representative Capparelli has moved to adopt the First Conference Committee Report on House Bill 380. On that, Representative McAuliffe."

McAuliffe

"Well, Mr. Speaker, Ladies and Gentlemen of the House, I would rise in support of Representative Capparelli's Motion. I've seen the paramedics at work. They have a job that's equally as dangerous as firemen. They have to go into dangerous neighborhoods at times and face hostile crowds. If they have someone sick and they can't revive them, they're threatened. It's a very dangerous job. And I think this is a very good addition to cover these paramedics, because they do do a wonderful job."

Speaker Matijevich

"Lady from DuPage, Representative Cowlishaw."

Cowlishaw

"Yes, Mr. Speaker, I think there really is something wrong with this speak button. I have had it on intermittently now for quite some time. Shortly after the vote on House Bill 813, I wished to ask for sure if I might be recorded as 'no' on that. I did vote on the measure, but there were so many people in the aisle and there was so much going on around here I cannot remember for sure that I did, in fact, strike the button that I meant to. So, may I have leave to be recorded as 'no' on House Bill 813? Thank you."

Speaker Matijevich

"The rules do not so provide. The next... 285 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 Representative Capparelli. Alright. Representative Capparelli has moved that the House do adopt the First Conference Committee Report on House Bill 380. Those in favor signify by voting 'aye', opposed by voting 'no'. This is final passage, 71 votes. Have all voted? Have all voted? Have all voted? We'll wait until Terzich comes back from that side of the aisle. Representative Keane, one minute to explain his vote."

Keane

"Thank you, Mr. Speaker. The... I passed a Bill... We passed a Bill out that was stripped off, and it was an Amendment to Representative Kulas' Bill that I had on this Bill. It provides... It provides that people who went on full-duty disability, someone that was hurt ten or fifteen years ago and is presently locked in at their... at the wage they were making, they're getting 75% of the wages they were making ten or fifteen years ago. It provides that they are still stuck at that wage. Some people in the City of Chicago, in the Chicago Pension System, have been locked in and have been locked in at a base wage of fifteen or twenty years ago, and it's very, very inequitable. In fact, it was so inequitable that the City itself said that they supported this Bill. In terms of... I can only echo what Representative McAuliffe said. We have with us probably the unsung heroes of any area and those are the paramedics who, not only do they take great risk in driving around and, you know, working with people who are in very, very bad shape, but they also go often into very, very dangerous situations sometimes dealing with people at crime scenes, dealing..."

Speaker Matijevich

"Bring your remarks to a close."

Keane

"Thank you."

Speaker Matijevich

"Representative Ebbesen, one minute to explain his vote." 286 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Ebbesen

"Well, yes, Mr. Speaker and Ladies and Gentlemen of the House..."

Speaker Matijevich

"The board is open."

Ebbesen

"In explaining my vote, I'd just like anybody who is looking at the analysis, especially on this side of the aisle, all those large numbers you're looking at, all that was taken out. This is one of the systems that I think their funded ratio is around 70%, and they certainly can afford what this Conference Committee addresses itself to. And as far as the paramedics and the firemen, all that's an understanding between them. I think it's excellent legislation. We ought to put the necessary votes up there to do this. If you're looking at your analysis sheet, don't pay any attention to all those millions of dollars..."

Speaker Matijevich

"Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 71 'ayes', 39 'nays', 2 answering 'present', and the House does adopt the First Conference Committee Report on... on House Bill 380. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House Bill 798. Is Representative Giorgi ready with that Bill? The Gentleman from Winnebago, Representative Giorgi, are you ready with that?"

Giorgi

"Mr. Speaker, First Conference Committee Report on House Bill 798, I move that the House accept the First Conference Committee Report on House Bill 798. What it does is, it amends State Police Law. It provides that a petition for a review of the suspension of a state police officer for 30 days or less... may not dismiss, prior to hearing except by a unanimous decision by all members of the Merit Board of the Department of Law Enforcement. Also provides that the Administrative Review Law applies to all proceedings for 287 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 the judicial review of any order of the Merit Board. Now, the Conference Committee Report, the House concurs in Senate Amendment 2, which amends the retirement provisions for officers of the Department of Law Enforcement, and also amends an Act to amend certain kinds of relation to law enforcement officers. Allows the Secretary of State investigators to retire at the standard police pension without..."

Speaker Matijevich

"Representative Giorgi moves for the adoption of the First Conference Committee Report on the House Bill 798. There being no discussion, all those in favor signify by saying... by voting 'aye', those opposed by voting 'no'. This is final passage, takes 71 votes. And by the way, the Secretary of State's the one that wanted the provision in the Conference Committee, I might remind those reds on this side of the aisle. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 77 'ayes', 22 'nays', 5 answering 'present', and the House does adopt the Second... the First Conference Committee Report on House Bill 798. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. House Bill 1257, Breslin, the Lady... Is the Lady here? Out of... Are you ready with that, Representative Breslin? Take it out for the moment. Senate Bill 459, Nash. Senate Bill 459. The Gentleman from Cook, Representative Nash."

Nash

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to adopt Conference Committee Report #1. This Bill is the same way it left the House and went to the Senate with the exception of one technical correction."

Speaker Matijevich

"Representative Nash has moved that the House do adopt the First Conference Committee Report on Senate Bill 459. There being no discussion, all those in favor 288 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 signify... Representative Brummer. I'm sorry."

Brummer

"You know, I just don't remember all these numbers when you make some reference to Senate Bill 459. Could you indicate what will become the law if we adopt this First Conference Committee Report, and the Senate does likewise and the Governor signs it?"

Nash

"Yes. This is permissive legislation. It permits counties, municipalities, townships to annually appropriate funds for private non-for-profit organizations for the purpose of providing services to runaway or homeless youths and their families. It passed here 107 votes... 107 to 0."

Speaker Matijevich

"Representative Mautino."

Mautino

"Excuse me, Representative. Is that provision in there for licensure of motor vehicles within... underneath cities of 1,000,000? Is that in there, too?"

Nash

"That's permissive. Yes."

Mautino

"That means that stickers will no longer be needed for those vehicles going through those cities?"

Nash

"That's correct."

Mautino

"Very interesting."

Speaker Matijevich

"Representative Birkinbine."

Birkinbine

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

Speaker Matijevich

"Proceed."

Birkinbine

"Could you explain the aspect of the stickers? I know there's been something afoot dealing with things like school busses."

Nash

"What... Representative Birkinbine, the reason for this piece of legislation for that particular portion, the school busses travel through different villages and municipalities, and they wanted them to have a city sticker from each one of them. And that was the reason for that."

Birkinbine

"This would prohibit that practice?" 289 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Nash

"Yes."

Birkinbine

"It would prohibit the municipalities from hitting the various school busses?"

Nash

"For example, if a bus in Chicago was licensed in Chicago and had a Chicago city sticker and went to Oak Park or Cicero, they wouldn't have to buy a Cicero city sticker if they were going to pick up kids to bring them back to Chicago."

Birkinbine

"Thank you."

Speaker Matijevich

"The Gentleman from McHenry, Representative Klemm."

Klemm

"Just an inquiry, Mr. Speaker. I was wondering what Calendar we're on, so that we could tend to follow it."

Speaker Matijevich

"Supplemental #5."

Klemm

"Fine. Thank you very much."

Speaker Matijevich

"Representative Karpiel."

Karpiel

"Yes, thank you, Mr. Speaker. Representative, if you're in a municipality that is less than a million population, and you want to license school busses to take the kids to and from school, can you do that under this Bill?"

Nash

"Yes, to my understanding, you could. The only thing that you cannot do is, say you're licensed in Springfield, and the school's in Springfield, and the bus travels to Athens or Sherman. Athens and Sherman, some municipalities are requiring the busses to be licensed in those areas also where they were picking up kids to bring them back."

Karpiel

"Well, in Roselle, we use the Schaumburg bus service, for instance, and we contract with them to transport kids to the Roselle schools. Is that going to be disallowed under this Bill? We don't have any busses in our own town, so we contract with another bus... a bus service in another municipality."

Nash

"My understanding was that certain municipalities were 290 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 making these busses be licensed in every village that they went to pick up kids. For example, if the bus had to go to Roselle, to Schaumburg, to Hanover Park to pick up kids to bring them back to school, all those municipalities were requiring them to have city stickers."

Karpiel

"But... But they would be able to do that, though? Alright. Well, the way..."

Nash

"This Bill is the same as it left the House, and it got 107 votes with no dissenting votes on it."

Karpiel

"Thank you."

Speaker Matijevich

"Representative Nash to close."

Nash

"Thank you, Ladies and Gentlemen. Mr. Speaker, Ladies and Gentlemen of the House, like I said this is permissive legislation..."

Speaker Matijevich

"Representative Nash moves to adopt the First Conference Committee Report on Senate Bill 459. Those in favor signify by voting 'aye', those opposed by voting 'nay'. This takes 71 votes and is final passage. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 79 'ayes', 23 'nays', 4 answering 'present'. The House does adopt the First Conference Committee Report on Senate Bill 459; and this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 578, Representative Hannig."

Hannig

"Thank you, Mr. Speaker and Members of the House. I would move that the House accept the First Conference Committee Report on Senate Bill 559. This Bill deals with information that individuals can obtain regarding chemicals that have been deposited in a hazardous waste disposal site. The... The Bill and the language has been worked out and is agreed to by the Environmental Council, and the State Chamber of Commerce, and, I believe, all other 291 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 parties. And I would move for its adoption."

Speaker Matijevich

"Representative Hannig has moved for the adoption of the First Conference Committee Report on Senate Bill 578. The lady from Marshall, Representative Koehler."

Koehler

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I join Representative Hannig in my support of Conference Committee Report #578 (sic - to Senate Bill #578)."

Speaker Matijevich

"Representative Hannig moves for the adoption of the First Conference Committee Report. Those in favor signify by voting 'aye', those opposed by voting 'no'. Requires 71 votes and is final passage. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 103 'ayes', 2 'nays', 2 answering 'present', and the House does adopt the - Piel 'aye' - First Conference Committee Report on Senate Bill 578. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. Senate Bill 599, the Gentleman from Cook, Representative Terzich. Representative Terzich. Is he on the floor? Out for a moment, and leave to return to it. Senate Bill 824, Representative Jim Keane. The Gentleman from Cook, Representative Jim Keane."

Keane

"Thank you, Mr. Speaker. I urge the adoption of the First Conference Committee on Senate Bill 824. Along with the original Bill, as it passed this House, the Conference Committee adds a Section that makes it more difficult for... to lower the tax rates in municipalities of under 1,000,000. Presently, under the law, to lower the tax rate in municipalities under 1,000,000... I'm sorry, under taxing districts under 1,000,000, not counting school districts, you can use either 5% of the legal voters on a petition or 1,000 legal voters in such taxing districts, 292 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 whichever is less. Under this... this Conference Committee Report, it would be a flat 10% of the legal voters in such taxing districts in order for the tax rate to be lowered. Be happy to answer any questions, and I ask for a favorable..."

Speaker Matijevich

"Representative Keane has moved for the adoption of the First Conference Committee Report on Senate Bill 824. Representative Birkinbine. Representative Vinson, for what purpose do you rise?"

Vinson

"Mr. Speaker, I have been advised... Mr. Speaker, I have been advised by Republican staff that because Democrat staff did not share the Conference Committee Reports with them, that the Republican analysis on Senate Bill 824 is in error, and I want to call that to the attention of Republican Members. I'm advised that if you look at your analysis, the point #1 under effect of Conference Committee Report #1, staff advises me that that is, in fact, not in Senate Bill 824. It's lurking around in some other Bill. I just thought Members might want to become aware of that because that might substantially change their impressions of this Bill."

Speaker Matijevich

"That... That turned off all the lights, so I guess everything's alright. Representative Keane has moved to adopt the First Conference Committee Report. All those in favor signify by voting 'aye', those opposed by voting 'no'. This is final passage and requires 71 votes. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 71 'ayes', 36 'nays', 2 answering 'present', and the House does adopt the First Conference Committee Report on Senate Bill 824. This Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. Senate Bill 919, Steczo. The Gentleman from Cook, Representative Steczo." 293 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

Steczo

"Thank you, Mr. Speaker, Members of the House. Conference Committee Report #1 to Senate Bill 919 contains the Senate Bill 919 in the exact shape that it was when it left the House. It contains the mandates exemption that Representative Vinson had asked for. And at the request of the Senate, Senate Bills 834 and 835 which I understand are noncontroversial and passed out on the Agreed list in the Consent Calendar were also added. And I would move for the adoption of Conference Committee Report #1 to Senate Bill 919."

Speaker Matijevich

"Representative Vito (sic - Steczo) has moved for the adoption of the First Conference Committee Report on Senate Bill 919. There being no... Representative Brummer. Representative Brummer."

Brummer

"Inquiry of the Chair?"

Speaker Matijevich

"Proceed."

Brummer

"Has this been distributed?"

Speaker Matijevich

"My information is yes."

Brummer

"Would the Sponsor yield?"

Speaker Matijevich

"Proceed."

Brummer

"Once again, with all due respect, I can't remember the numbers that you rattled off that incorporate provisions of this Senate Bill and that Senate Bill that... What will this Bill do, or this Conference Committee Report, if it becomes law?"

Steczo

"Okay. Representative Brummer, Senate Bill 919 would, in the form that it passed the House, did three things, and it passed the House unanimously. It allowed for property record cards to be maintained on electric data processing equipment. Number two, it clarifies the tax exempt status for park district property when they have concession stands and other items that may be used for profit. Thirdly, Representative O'Connell adopted an Amendment with relation 294 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983 to a bicycle path and a tax exemption clarification for a not-for-profit group that was going to lease that particular land. When we passed Senate Bill 919, we had forgotten to approve or include on that Bill a property tax exemption that Representative Vinson had asked for. That's included in the Conference Committee Report. And the Senate also requested that... that.... I'm sorry, a mandate... a mandates exemption. And the Senate had also asked for two Bills, Senate Bills 834, Senate Bills 835, that had been on the Consent Calendar here and on the Agreed list there but were tabled on Concurrence because there were too many revenue vehicles floating around to be included also, and they are noncontroversial."

Brummer

"And what was the Vinson exemption?"

Steczo

"It was a State Mandates exemption that Representative Vinson asked for."

Speaker Matijevich

"Representative Steczo has moved for the adoption of the First Committee Report on Senate Bill 919. Those in favor signify by voting 'aye', those opposed by voting 'no'. This is final action and requires 71 votes. Have all voted? The board is open. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 86 'ayes', 19 'nays', 3 answering 'present', and the House does adopt the First Conference Committee Report on Senate Bill 919. And this Bill, having received the Constitutional Three-Fifths Majority, is hereby declared passed. Representative Breslin, are you now ready with House Bill 1257? Lady from LaSalle, Representative Breslin. Is this going to be an easy one? We are getting ready to you know what."

Breslin

"Would you recognize Representative McPike, please?"

Speaker Matijevich

"Representative McPike. The Majority Leader Jim McPike. Representative McPike." 295 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 77th Legislative Day July 1, 1983

McPike

"Let's take this out of the record."

Speaker Matijevich

"Cut of the record. Be at ease for a moment."

Speaker Madigan

"Speaker Madigan in the Chair. Mr. Clerk, take this Bill out of the record. Ladies and Gentlemen, we have not yet completed the negotiations on the appropriation Bills and the entire budget. The last report I received from the negotiators told me that it would be at least one hour, maybe two hours, before they would complete negotiations. They would then be required to proof the Conference Committee Reports and then print them. This would mean that we would not be prepared to vote on the budget until maybe 3:30, 4, 5:00 in the morning. It's my suggestion that we adjourn now, that we return for a Perfunctory Session at 8 a.m. and for regular Session at 9 a.m. This will permit us to place the Calendars and the Conference Committee Reports on the desks to satisfy the one hour requirement before consideration, so that when we arrive at 9 a.m., we will be prepared to immediately move to consideration of the remaining Conference Committee Reports, including the Reports on the budget. The Chair recognizes Representative McPike for the adjournment Motion."

McPike

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I move that the House now stand adjourned until tomorrow at the hour of 8 a.m."

Speaker Madigan

"The Motion is that we stand adjourned until 8 a.m. for Perfunctory Session and 9 a.m. for Regular Session. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it, and we stand adjourned." 296 01/18/84 10:53 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JULY 01, 1983 PAGE 1 HB-0026 CONFERENCE PAGE 275 HB-0104 CONFERENCE PAGE 158 HB-0112 CONFERENCE PAGE 266 HB-0114 CONFERENCE PAGE 263 HB-0186 CONFERENCE PAGE 3 HB-0345 CONFERENCE PAGE 113 HB-0380 CONFERENCE PAGE 284 HB-0465 CONFERENCE PAGE 257 HB-0516 CONFERENCE PAGE 203 HB-0558 CONFERENCE PAGE 4 HB-0584 CONFERENCE PAGE 5 HB-0606 CONFERENCE PAGE 121 HB-0643 CONFERENCE PAGE 123 HB-0645 CONFERENCE PAGE 6 HB-0647 CONFERENCE PAGE 7 HB-0690 CONFERENCE PAGE 15 HB-0690 CONFERENCE PAGE 168 HB-0690 OUT OF RECORD PAGE 16 HB-0690 OUT OF RECORD PAGE 174 HB-0691 CONFERENCE PAGE 16 HB-0700 CONFERENCE PAGE 19 HB-0798 CONFERENCE PAGE 287 HB-0813 CONFERENCE PAGE 272 HB-1002 CONFERENCE PAGE 204 HB-1054 CONFERENCE PAGE 213 HB-1143 CONFERENCE PAGE 215 HB-1178 CONFERENCE PAGE 27 HB-1249 CONFERENCE PAGE 217 HB-1264 CONFERENCE PAGE 129 HB-1293 CONFERENCE PAGE 252 HB-1337 CONFERENCE PAGE 218 HB-1789 CONFERENCE PAGE 38 HB-1812 CONFERENCE PAGE 273 HB-1835 CONFERENCE PAGE 45 HB-1864 CONFERENCE PAGE 264 HB-1864 OUT OF RECORD PAGE 266 HB-1941 CONFERENCE PAGE 268 HB-1955 CONFERENCE PAGE 49 HB-2058 CONFERENCE PAGE 53 HB-2058 CONFERENCE PAGE 230 HB-2078 CONFERENCE PAGE 142 HB-2078 CONFERENCE PAGE 250 HB-2078 OUT OF RECORD PAGE 144 HB-2201 CONFERENCE PAGE 222 SB-0083 CONFERENCE PAGE 233 SB-0098 CONFERENCE PAGE 270 SB-0219 CONFERENCE PAGE 60 SB-0228 CONFERENCE PAGE 144 SB-0244 CONFERENCE PAGE 61 SB-0272 CONFERENCE PAGE 222 SB-0313 CONFERENCE PAGE 66 SB-0437 CONFERENCE PAGE 71 SB-0437 CONFERENCE PAGE 282 SB-0459 CONFERENCE PAGE 288 SB-0492 CONFERENCE PAGE 80 SB-0492 CONFERENCE PAGE 174 SB-0521 CONFERENCE PAGE 81 SB-0578 CONFERENCE PAGE 291 SB-0589 CONFERENCE PAGE 248 SB-0690 CONFERENCE PAGE 145 SB-0726 CONFERENCE PAGE 85 SB-0824 CONFERENCE PAGE 292 SB-0849 CONFERENCE PAGE 151 SB-0919 CONFERENCE PAGE 294 SB-0923 CONFERENCE PAGE 86 01/18/84 10:53 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JULY 01, 1983 PAGE 2 SB-0972 CONFERENCE PAGE 87 SB-0972 CONFERENCE PAGE 262 SB-0991 CONFERENCE PAGE 236 SB-1001 CONFERENCE PAGE 238 SB-1026 CONFERENCE PAGE 153 SB-1030 CONFERENCE PAGE 104 SB-1061 CONFERENCE PAGE 105 SB-1064 CONFERENCE PAGE 257 SB-1064 CONFERENCE PAGE 261 SB-1064 OUT OF RECORD PAGE 257 SB-1070 CONFERENCE PAGE 241 SB-1153 NON-CONCURRENCE PAGE 199 SB-1174 NON-CONCURRENCE PAGE 199 SB-1203 CONFERENCE PAGE 106 SB-1313 CONFERENCE PAGE 129 HR-0244 ADOPTED PAGE 191 HR-0435 ADOPTED PAGE 195 SJR-0060 MOTION PAGE 226 SJR-0060 ADOPTED PAGE 228 SJR-0061 ADOPTED PAGE 107 SUBJECT MATTER HOUSE TO ORDER - REPRESENTATIVE MATIJEVICH PAGE 1 PRAYER - REVEREND WILLIAM J. PECKHAM PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 AGREED RESOLUTIONS PAGE 1 DEATH RESOLUTION PAGE 2 RECESS PAGE 2 HOUSE RECONVENES - REP. MATIJEVICH IN CHAIR PAGE 3 COMMITTEE REPORT PAGE 3 REPRESENTATIVE BRESLIN IN CHAIR PAGE 85 REPRESENTATIVE MATIJEVICH IN CHAIR PAGE 203 SPEAKER MADIGAN IN CHAIR PAGE 296 ADJOURNMENT PAGE 296