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Illinois House Floor Debate — May 1, 1984

83rd General Assembly (1983-1984) · Legislative day 111 · Regular Session
Chamber
House
General Assembly
83rd (1983-1984)
Date
May 1, 1984
Legislative day
111
Session
Regular Session
Speaker turns
417
Original
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Speaker Madigan

"The House will come to order. The Members shall be in their chairs. All unauthorized personnel please leave the floor. Would the Members please be in their chairs? We shall be led in prayer today by the Reverend Dr. Rudolph Shoultz, Pastor of the Union Baptist Church in Springfield. Dr. Shoultz is a guest of Representative Michael Curran. Would the guests in the gallery please rise to join us in the invocation?"

Reverend Shoultz

"Shall we pray? Spirit of the living God, fall afresh in us, melt us, mold us, then use us. As we lift our hearts to Thee this day, dear Father, we are sensitive to our responsibility. Therefore, Lord, we ask of Thee to create within us the grace of thankfulness. Give to us, Lord, an uncomplaining heart, power to be bold in our conviction, strong in our commitments. As we give ourselves, use us. For this country, Lord, we are truly thankful for it and for the privilege of serving Thy people. Grant to these, Thy servants, their requests, whatever they may be this day, for Thou promise that you will supply all our needs. Heal those that are wounded. Strengthen those that are weak. Bless the Leadership of this chamber, we pray, and give vision; for, where there is no vision, the people will perish. As we ask this, in the name of our Lord. Amen."

Speaker Madigan

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

Bopp 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 Madigan

"Roll Call for Attendance. Mr. Greiman, are there any excused absences?" 1 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984

Greiman

"Yes, Mr. Speaker, Representative Christensen is excused by reason of the passing of his wife."

Speaker Madigan

"Let the record reflect that excused absence. Mr. Vinson, are there any excused absences?"

Vinson

"Yes, Mr. Speaker, Representative Woodyard's switch was inadvertently struck. I now have his key, and he should be an excused absence for the day."

Speaker Madigan

"Would you repeat that name?"

Vinson

"Representative Woodyard."

Speaker Madigan

"Let the record show that Mr. Woodyard should be recorded as absent. Anything further? Mr. Clerk, take the record. There being 114 Members responding to the Attendance Roll Call, there is a quorum present. Introduction and First Reading."

O'Brien

"House Bill 3273, McAuliffe, a Bill for an Act in relation to medical costs of prisoners. First Reading of the Bill."

Speaker Madigan

"The Chair recognizes Representative Oblinger at the podium."

Oblinger

"Mr. Speaker and Members of the General Assembly, I have the pleasure to present to you the State A Championship Girls Volleyball Team from Riverton. Would you please come up here? I was hoping to see Mr. Mays, because they beat Quincy Notre Dame in the final. I would like to have the following young ladies raise their hands when I read their names: Julie Klaves, Shelly Lucca, Karri Newberry, Teri Noble, Bernadine Patterson, Mary Patterson, Jeryn Powell, Deanna Reed, Michelle Taylor, Leann Thomas, Dawn Thompson and Dolly Trader. I would also like to present to you their coach, Charleen Lehnen, their athletic director, Mr. LaRue, the principal of the school, Mr. Hupp and the school superintendent, Phillip Pinney. And will you read the Resolution, Mr. Clerk?" 2 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984

O'Brien

"House Joint Resolution 107. Whereas, Riverton High School Riverton, Illinois has long had a record of excellence in athletics; and whereas, Riverton High School won its 1983 IHSA Class A Regional Volleyball title, won its Sectional Volleyball title and won its final game over Quincy Notre Dame in State Championship finals; and whereas, Riverton High School finished the 1983 season with a superb 35 to 2 record; and whereas, the Riverton High School student body wholeheartedly supported the team throughout the season; and whereas, this Championship was a culmination of a season which included a second place trophy at the Chicago Latin Tournament and a Conference and a County Championship. Therefore, be it resolved by the House of Representatives of the 83rd General Assembly of the State of Illinois, the Senate concurring herein, that we heartily congratulate the Riverton Hawks on winning the IHSA Class A Volleyball Championship for the year 1983 and for the spirit and character which led to this victory. And be it further resolved that suitable copies of this Preamble and Resolution be presented to the school district, to the school and the coaches, players and time- keepers as a formal token of our congratulations on this splendid achievement."

Oblinger

"Thank you very much. I would like the superintendent to say a few words on behalf of the team."

Superintendent Penney

"Honorable Josephine Oblinger and Representatives, it's a pleasure to be here today to take a few minutes in your busy schedule. We're extremely proud of our team and our coaches and our school. Thank you again for this honor."

Oblinger

"Thank all of you for letting us do this, and I have to say to Representative Vinson, I hate to turn this district over to you." 3 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984

Speaker Madigan

"Messages from the... For what purpose does Representative Mays seek recognition?"

Mays

"I guess it would be on a point of personal privilege, as my name was mentioned with the previous Resolution. I would just like to let Representative Oblinger and those members of the team from her district know that any team that can beat any team from my district deserves the kind of recognition she just gave to them. And thank you very much."

Speaker Madigan

"Messages from the Senate."

O'Brien

"A Message from the Senate by Mr. Wright, Secretary. 'Mr. Speaker, I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report to House Bill 1399, adopted by the Senate April 30, 1984. Kenneth Wright, Secretary.' A Message from the Senate by Mr. Wright, Secretary. 'Mr. Speaker, I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of Bill of the following title, to wit; House Bill #2353, passed by the Senate April 30, 1984. Kenneth Wright, Secretary.'"

Speaker Madigan

"Mr. Clerk, anything else? Ladies and Gentlemen, if I could have your attention, we will now go to the Order of Constitutional Amendments. And given the fact that Friday will be the last day in Session this week, if these Constitutional Amendments are to be received on a timely basis in the Senate, then they must be considered in the House today. So that, in effect, today is the last day for consideration of House Constitutional Amendments. On page 12 of the Calendar on the Order of Constitutional Amendments Third Reading, there appears HJRCA 1. The Chair recognizes Mr. Olson."

Olson

"Thank you, Mr. Speaker and Ladies and Gentlemen of the 4 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 House. We are today considering a Constitutional Amendment that was offered in January of 1983 which we held in Judiciary pending a study and a report by the Supreme Court on the reasonableness of this Bill. As it was originally predicated, we sought to go away from jury demand to bench trials for all offenses which included a penalty of six months imprisonment or less or a fine of 500 dollars or less. On March 29th of this year in Committee, the Bill was heard. It came out of Committee on a 10 to 7 vote, and an Amendment #1 was offered to this Constitutional Amendment which, in essence, took out the imprisonment penalty and left this in a fine only posture. The genesis for this Constitutional Amendment comes from my experiences as Circuit Clerk in Lee County where I found, over a good number of years, that many jury demands on a basis designed to impede the flow of traffic were also very costly to local government and, at the same time, proved to be a very unhappy prospects for people asked to serve on a jury. May I just read to you briefly the people who testified in behalf of this Bill? Richard LeFevour, the Presiding Judge of Cook County; Bill Roberts, the State's Attorney of Sangamon County; Jill McNulty, the Supervising Judge of the Criminal Section of Cook County; John Rapp, Jr., Chief Judge of the 15th Circuit; George Kramer, President of the Illinois Sheriffs' Association; John Cockrell, President of the Illinois Association of County Officials; Elias Simpson, President of the Illinois Association of Court Clerks; Jack Gogan, Associate Clerk, Circuit Court of Cook County and Roy O. Gulley, Director of the Administrative Office of Illinois Courts in behalf of a Supreme Court. In addition to that, we had people appear but did not give oral testimony, including Richard Elrod, the Sheriff of Cook County; Augie Yount, State's Attorney, Appellate 5 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Service Commission; Julie Hamos, the legislative liason of Richard M. Daley; Don White, the Executive Director of the Illinois Sheriffs' Association; and Stephen Fisher of the Illinois Sheriffs' Association. What we are suggesting to you today is that you give an opportunity to the citizens of the State of Illinois in the fall election an opportunity to express their interest and concern relative to the matter of jury demands. What we're seeking to do is to bring the Illinois Constitution into line with the United States Constitution. In effect, by discharging the imprisonment penalty, we have kept our position in a better mode, and I would suggest to you that we give this opportunity. We're talking about saving millions and millions of dollars in administrative costs to local government. We're talking about the inconvenience to hundreds and hundreds, perhaps thousands, of people each year who are called in for jury duty. And we have the sworn testimony of many, many members of the Judiciary that this indeed will move caseload and enable the courts who have heavy burdens, such as Cook, Winnebago, Sangamon, Madison, Peoria to move on with their caseload. I would be very happy to accept questions."

Speaker Madigan

"Is there any discussion? Mr. Olson, would you like to close?"

Olson

"Thank you very much, Mr. Speaker. I would just ask for an affirmative vote on House Joint Resolution Constitutional Amendment #1. Give the people of the State of Illinois an opportunity to express their opinion this fall. Thank you very much."

Speaker Madigan

"Ladies and Gentlemen, if I could have your attention, we are about to vote on a change in the Illinois Constitution on the Order of Third Reading. And the question is, 'Shall House Joint Constitutional Amendment #1 6 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 be adopted?' This will require a three-fifths vote. Those in favor will signify by voting 'aye', those opposed by voting 'no'. Mr. Mautino to explain his vote."

Mautino

"Thank you, Mr. Speaker. I stand in opposition to House... or excuse me, Constitutional Amendment #1, because the basic philosophy of a Democratic society, if one has a problem in the legal system, is to be tried by a jury of his or her peers. What this legislation and this Constitutional Amendment will do would be to eliminate the right of an individual to seek a trial by his or her peers. It seems to me a rather precarious position to be placing lawmakers in, as well as the citizens of this state, by eliminating one of the basic concepts of the Constitution of the United States as well as this state. I believe that every individual has the right to demand, in any instance, a trial by his or her peers. And, therefore, I stand in opposition to this Constitutional Amendment."

Speaker Madigan

"Mr. Brummer to explain his vote."

Brummer

"Yes, I would join in Represen... with Representative Mautino in urging 'no' votes on this proposal. The right to a trial by jury is a fundamental right in our system, has been for many years, and I think saying that you don't have that right, with regard to an instance where you're only going to be fined 500 dollars, I think, avoids the entire issue and that is the fundamental concept in our judicial system, in our system of government that we are entitled to be tried by our peers, whether that's a minor matter or whether it's a major matter. I think this is a dangerous precedent that is eroding our fundamental right to a trial by jury, and I would urge a 'no' vote on this issue."

Speaker Madigan

"Have all voted who wish? Mr. Vinson to explain his vote." 7 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984

Vinson

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of the Gentleman's Constitutional Amendment. Much has been said about this; that this would deny some fundamental right. In fact, it would not. The Legislature in the Congress of the United States have, for decades, in fact for centuries, chosen to resolve matters of dispute in fashions other than jury trials. That's what we do everytime we create a new regulatory agency. What this will, in fact, do is take a rather small group of traffic cases, rather minor offenses, out of the court system where they are jamming and backlogging the court system in its ability to deal with serious felony cases and with serious civil litigation. This will remove them from the court system in that fashion so that they can be quickly expedited in a fair matter... manner. I would strongly urge an 'aye' vote for this, because what you are doing if you vote 'no' on this is saying you want serious felony matters to be tied up by minor traffic offenses. This is a good law and order Bill, and I would urge an 'aye' vote."

Speaker Madigan

"This matter will require 71 votes to pass. This matter will require 71 votes to pass. Mr. Davis, do you wish to explain your vote?"

Davis

"Well, yes, Mr. Speaker. I can't understand the 'no' votes. I could perhaps from the trial lawyers, but I... I can simply tell you that the United States Supreme Court - if you're worried about constitutional removals of trial by jury - the United States Supreme Court has made the same change by rule some years ago. And it's a very common precedent throughout this land and by the United States Supreme Court itself. It will clear the calendars. It will drive the cost of judicial jurisprudence down. It's something that I think your Circuit Courts all over the 8 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 state want to see done. It is no infringement on anybody's rights, except perhaps the trial lawyers to making a few bucks with a jury in front of them. I think this ought to get a resounding 71 votes and go to the Senate for their concurrence as well."

Speaker Madigan

"Mr. Ewing to explain his vote."

Ewing

"Mr. Speaker, Ladies and Gentlemen of the House, we do a lot down here that isn't too beneficial to local government. This is a Bill... or a Constitutional Amendment which is heavily favored not only by the Sheriffs' Association, the Clerks' Association, the Supreme Court. Many local units of government and their associations support this Bill. I had the opportunity to work as an assistant state's attorney. I think this is an excellent idea, and it will not, it will not deny rights to any of those people who might be charged with these petty offenses. And I think we should give it a resounding 'yes' vote."

Speaker Madigan

"Mr. Vitek to explain his vote."

Vitek

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. When Myron come to me the first time with this Bill, I was a little hesitant. But then when he told me that he was a former clerk and he says that this would eliminate a lot of these petty cases and unclutter our courts, I figured anything that will help loosen up that backlog that we got there is a good legislation, and I urge you all to support this Resolution. Thank you."

Speaker Madigan

"Mr. Olson to explain his vote."

Olson

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would just like to sum up a couple of the things that I indicated earlier. This would put the Illinois Constitution in posture with the U.S. Constitution but still broader based than that in a jury demand for an 9 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 imprisonment penalty that would still be permitted, as offered by Amendment #1 by Representative Homer. In England, the home of our jurisprudence system, they haven't had jury demands for many, many years. In contiguous states, it is treated in similar fashions. All we're suggesting to you is that we give the people at home an opportunity this fall to express their opinion on the attitude of cost to local government of inconvenience for people who sit on juries. Thank you very much."

Speaker Madigan

"Have all voted who wish? The Clerk shall take the record. On this question there are 52 'ayes', 38 'no', 18 voting 'present'. This Constitutional Amendment, having failed to receive the Constitutional Three-Fifths Majority, fails. HJRCA 5, Representative Satterthwaite."

Satterthwaite

"Mr. Speaker and Members of the House, this Constitutional Amendment seeks to amend Article III, Section 1 of the Illinois Constitution regarding voting qualifications. It does two things. It changes the legal voting age in the Constitution from 21 to 18, and it shortens the residency requirement for voting within the state from six months to thirty days. Now, I should hasten to mention that both of these changes are already law. In fact, the change in the voting age went into effect as Illinois law in 1975, and the one on the residency requirement went into law in 1977. So, we've had a substantial period of time to experience what happens with these requirements. The 18 year old age, of course, is set by the Federal Constitution, and the 30 day residency is a result of court action that has indicated that our six month residency is too long. And 30 days has been accepted for this prolonged period now. So, all we're doing really is bringing the Constitution in line with state law as it has been for a period of several years, and I would urge 10 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 your support for the Amendment."

Speaker Madigan

"Is there any discussion? Representative Satterthwaite, would you like to close?"

Satterthwaite

"Simply ask that you give your support to bring the Constitution in line with state law so that our students who are studying the Constitution as a part of their curriculum or those who are seeking citizenship in studying the Constitution or anyone who picks up a copy of the Constitution will be able to read this Section and have it conform with actual practice. I urge your support."

Speaker Madigan

"The question is, 'Shall House Joint Constitutional Amendment #5 be adopted?' All those in favor signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 102 'aye', 7 voting 'no'. House Joint Constitutional Amendment #5, having received the Constitutional Three-Fifths Majority, is hereby declared adopted. HJRCA 14, Representative Ralph Dunn."

Dunn

"Thank you... Thank you, Mr... Mr. Speaker. CA 14 amends the Constitution in the Education Article to say that... change the word 'primary' - we all have been talking about in Education Committee and on this House floor. We talk about the percentage of funding compared to the state to local governments. And, at one time, we were about fifty/fifty, which is what we think the word 'primary' means in the Education Article. Constitutional Amendment, CA 14 only changes one word. It changes the word 'primary' to 'fifty percent', and this is, I think, in keeping with the intent of the Constitutional Convention, as a member of the Constitution, and certain it would eleviate some real estate taxes if we could at least have the state fund fifty percent. It wouldn't limit them to 11 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 fifty, but it would say that they would have to fund fifty percent. I'd be glad to answer any questions, and I'd urge an 'aye' vote for Constitutional Amendment 14."

Speaker Madigan

"Representative Nelson."

Nelson

"Thank you, Mr. Speaker and Members of the House. I would like to ask Representative Dunn a question please."

Speaker Madigan

"The Sponsor indicates that he will yield."

Nelson

"Representative Dunn, as you recall, I did vote for your Constitutional Amendment in Committee, and I do support it. But I want to make sure that I understand and that the Body understands the intent of this legislation. Do you intend it to apply to higher education as well as elementary and secondary?"

Dunn

"No, this is for elementary and secondary education only, is what is intended; and, as I understand, that's the way the Education Article reads."

Nelson

"Second question. Is it your intention that the fifty percent funding refer to annual operating expenses that are incurred by school districts, and to what extent would you add in capital expenditures that are also a part of the cost of, you know, providing educational services to kids?"

Dunn

"It is my intention and I think the intention of CA 14, the Article X, that this refers to operating expenses in the operating of the elementary and secondary schools and does not refer to capital expenditures. And the fifty percent would apply to the operating expenses."

Nelson

"So the fifty percent, no matter what kind of a funding formula we come up with next year, whether it be the resource equalizer or whether it be some new kind of resource cost model, actually refers to that money that we allocate through a formula to the school districts."

Dunn

"That's correct."

Nelson

"Is it your intention that this proposal, if it's adopted 12 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 when it's voted on by the electors of this state, would ensure a higher percentage of our entire state budget goal to education in this state? I mean, is that the real intention of this Constitutional Amendment?"

Dunn

"As I said earlier, we were, at one time, nearly fifty percent, and then, over the past few years because of declined funds in the state, we have dropped down to below forty to around thirty-eight. It would be my intention, if this were to pass and become in the Constitution, that fifty percent of the funding of the formula for the operating expenses of elementary and secondary schools should be from the State Treasury, which would mean, in turn, less funding from local government and from the local property tax."

Nelson

"And possibly, Representative Dunn, less funding for some other functions of State Government. Is that not true?"

Dunn

"Not necessarily. It's according... This is the education budget we're talking about."

Nelson

"Okay. I just have one other question about your intent. Is it your intent that the General Assembly would follow adoption of this proposal with legislation to specify how locally... how local property tax support for schools is to be either capped or rolled back in exchange for the higher degree of state funding? I mean, how would we have that local share?"

Dunn

"I think that local governments have to worry about how they're going to get the money for local share. It could be in the future we would have a local income tax even that would be other than real estate tax. I think the concern of the State Constitution has to do with the state's share of funding, and it should be at least fifty percent. The other fifty percent would come from whatever man or local governments get it from. Now it's all from the real estate 13 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 or from the property tax. And, hopefully - I can't guarantee - but this would lower real estate taxes if we increase the amount of state funding. But, as you know, around here we don't... we have an old time saying we're going to lower anybody's real estate taxes. I don't want to say that, but it stands to reason that if we have fifty percent funding by the state, then only fifty percent of the funding would have to be by local governments."

Nelson

"Representative Dunn, thank you very much for answering those questions."

Speaker Madigan

"Representative Keane."

Keane

"Thank you, Mr. Speaker. I rise in support of House Joint Constitutional Amendment #14. Over the past six years, the state has reduced its share of funding of public education forty-eight percent to presently thirty-eight percent. It's caused a tremendous increase on the real estate taxes. Local real estate taxes have had to be increased in most of our areas simply to make up for the reduction in the state share. This... This Constitutional Amendment will put the state in its proper position regarding the funding of elementary and secondary school education, and I would ask for your support. Thank you."

Speaker Madigan

"Representative Friedrich."

Friedrich

"Mr. Speaker, could we have some order? I think it's important that the discussion on the intent of a Constitutional Amendment be a matter of record and everybody knows what it is."

Speaker Madigan

"Mr. Friedrich, I agree with you wholeheartedly. I have now asked five times for order on this Order of Business. Please understand that we are considering Amendments to the Constitution of the State of Illinois. And Mr. Friedrich is recognized."

Friedrich

"Would the Sponsor yield?" 14 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984

Speaker Madigan

"The Sponsor indicates that he will yield."

Friedrich

"Now, when we talk about fifty percent, where do we start? If it costs 2800 dollars a year to educate a child in Evanston and 1200 in Shawneetown, does Shawneetown get half of 1200 and Evanston half of 2850, or how does that work?"

Dunn

"Excuse me. I didn't know you were addressing me. I thought you were making..."

Friedrich

"No. I need an answer to that question, because I think it's pretty important. When you start talking about fifty percent, fifty percent of what?"

Dunn

"We're talking about fifty percent of the cost of education for elementary and secondary education in total."

Friedrich

"Okay. Alright. Alright. I've got... I know for a fact that in your district you've got a lot of schools now that are getting as much as sixty percent from the state. We've got others that get less than fifty. Now, do you want to cut yours back to fifty and raise those to fifty? How do you want handle that? If you're going to say fifty percent, you've got to say fifty percent of what."

Dunn

"Representative Friedrich, we have a state aid formula and a resource equalizer that's mandated by the Federal Government and by education so that everyone receives an equal education. And in the proposed Constitutional Amendment, this would apply, and as I said to Representative Nelson a while ago, if... fifty percent of whatever the state contributes to the total cost of education. Some school districts, because of their resources, don't get any state aid. Some of them get considerably more, but the total cost of elementary and secondary education would be..."

Friedrich

"Well, Salem schools get sixty-two percent of their funding from some source other than local taxes. Now, do 15 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 you want to reduce them to fifty percent?"

Dunn

"No. No, it's not my intention. It's the overall state budget for elementary and secondary education."

Friedrich

"Well, does your Amendment say specifically fifty percent of the total cost of education, or does it say for specific schools? I think you're opening up a bucket of worms here that you can't contain once you do it. I think you need to be specific if you're going to do it."

Dunn

"I would like to yield to Representative Stuffle if you have anymore questions. But I'm sure that this Constitutional Amendment does not open a can of worms. It changed the word 'primary' to 'fifty percent' of the total cost of education."

Friedrich

"Well, our present Constitution, and I know a little bit about it and you do because you were there, it says that the state shall have the primary responsibility of funding education. That doesn't necessarily mean state taxes. We have the responsibility of allowing for local taxes and all other forms of revenue. Now, are you saying that the state pays out of the State Treasury fifty percent of the cost of education? I don't... I'm not sure that I understand what you're trying to do. I hope you do."

Dunn

"Thank you. I think very well think I do."

Speaker Madigan

"Gentlemen, if we could discontinue the discussion. Are you finished, Mr. Friedrich?"

Friedrich

"Well, I guess, because I can't get an answer."

Speaker Madigan

"Okay. Well... Welcome. Representative Hoffman."

Hoffman

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Mr. Speaker, you're absolutely right. This is an important issue and deserves the attention of all of the Members of this House. Frequently, issues which are dealt with in the abstract make sense; however, when 16 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 reduced to the practicalities, they make little sense. In all due respect to the Sponsor of this Constitutional Amendment and its supporters, I rise in opposition to this Amendment. Now, as those of you who have been here any length of time know, I have spent the majority of my time and effort over my years in this Body involved in educational legislation. This kind of an approach was rejected by the Constitutional Convention. If they had not rejected it and gone for the oratorical language that they did, without a cap on local real estate taxes, can you imagine what kind of an appropriation we would have had to have had during the time that we had the tremendous escalation in real estate values? There is nothing in this Amendment which provides for any kind of a trade off. All this does is say that the state should support fifty percent or should finance at least one-half of the cost of our system of public education. I would make two points. One, law is very clear when you talk about school finance that all taxes that are raised for education are state taxes, because they are raised for a state purpose. That has been held by courts all across the country over many, many years. I would also point out that if we were to put this in place today, we would have to come up in excess... up with in excess of one billion dollars in new money. So a vote for this Constitutional Amendment, Ladies and Gentlemen, means also, in my judgement, a requirement, a moral obligation on you to support that kind of an increase in state support for education in excess of a billion dollars, keeping in mind that there is nothing in this Amendment which addresses the issue of real estate taxes. And so it's for those reasons, Ladies and Gentlemen, and in all due regard and respect for the Sponsor who will be leaving us and going to the Senate, I must rise in 17 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 opposition to this Amendment."

Speaker Madigan

"Mr. Huff."

Huff

"Thank you, Mr. Speaker. I have been listening quite intently, and I don't understand what all the debate is about. I understand the Bill perfectly. Mr. Representative Dunn is simply saying that state aid can't fall below fifty percent. I think it's a good Bill; and, in view of the particular state of education in general with regards to the nation and the State of Illinois. I think it's a good Bill and deserves every Member's support."

Speaker Madigan

"Mr. Ewing."

Ewing

"Mr. Speaker, Ladies and Gentlemen of the House, I would like to see Illinois fund education at the fifty percent level or higher. I don't want to see us adopt this Constitutional Amendment. We have so many inequities in Illinois today in the way we're funding our schools and, to lock it in the way the Sponsor of this Amendment indicates that this might happen, would be only to perpetuate a very bad situation. If we're going to have a guarantee in the Constitution, let's make it a guarantee for all of us, for all of our schools and not for just some of them. This Amendment is ill timed and would only tend to lock in a very bad situation, and I think it should be defeated."

Speaker Madigan

"Mr. Bowman."

Bowman

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I would recommend on this issue a 'present' vote. I recommend a 'present' vote on the one hand because, clearly, I believe we have a desire, a keen interest and a mandate from the people to fund the school aid formula at the fifty percent level. But if we pass this constitutional language, we are setting ourselves up for the following possible scenario. Let us say that in a 18 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 given year we make an effort to... to hit the fifty percent level. Perhaps, you know, it's a good-faith effort. Perhaps we, based on the information that we have at our disposal at that time, we think we're doing the job, and then we discover that, low and behold, the... the costs, perhaps, were not calculated correctly. We did not have the proper information in a timely fashion, and it turns out we fall below the fifty percent level. This Constitutional Amendment would give school districts a legal basis for going into court during the middle of the fiscal year demanding that the Comptroller issue warrants to all of the school districts to make up the difference between what we appropriate and what the Constitution mandates. And suddenly, in the middle of the fiscal year, our budget would be thrown into chaos. I don't know I want to see that sort of situation happen, even if it's likely to be an infrequent occurrence. We cannot live on a day-to-day basis in running the business of the State of Illinois without the certainty that once a budget is passed, that it will stay passed and that we will not have to come back and respond to some convulsion that has been created by legal action in the middle of the year, based on constitutional... a constitutional requirement such as we're considering here. So, on the one hand we ought to be for it, because I think we all want to see education funded at fifty percent. On the other hand, we could be setting ourselves up for a fiscal catastrophy on occasion, and I think the... the best way of making a statement on the issue and resolving that dilemma is a 'present' vote. And I recommend a 'present' vote to the Members of this Assembly."

Speaker Madigan

"Mr. Vinson."

Vinson

"Mr. Speaker, I thought I knew what I wanted to say on 19 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 this Constitutional Amendment, but the last speaker so confused me that I think I'll forego the opportunity to speak on it."

Speaker Madigan

"Mr. Levin."

Levin

"Mr. Speaker, Ladies and Gentlemen of the House, it's very rare that I disagree with my colleague, my seatmate to the right, but on this one I do. I think that if we look at the role that the state has played over the last few years in terms of support of education, it has been a lesser and lesser role, and I think the documentation for that was in the newspapers just a couple of weeks ago. There was an article about how the federal role in education has fallen. But I don't know if you saw in that same chart that showed that the federal role has fallen, it gave the average figure for the states of this country, and that figure was forty-nine percent. That figure was very close to the figure that would be put in by this Constitutional Amendment. If the average figure for the fifty states is forty-nine percent, and we are, at this point, only providing about thirty-seven percent, that means other states must be providing way more than fifty percent. I think this is a good idea. I think it's what was intended by the 1970 Constitution, and I urge an 'aye' vote."

Speaker Madigan

"Mr. Marzuki."

Marzuki

"Thank you, Mr. Speaker. I think that many of the things that need to be said on this Bill ( sic - Constitutional Amendment) have already been said. I would disagree with Representative Hoffman. I think that, again, his line of reasoning promotes inequity in education in Illinois. If we depend entirely on the local level, those who have, will have, and those who have not, will have not. It is the state's responsibility to fund education, and every year a good number of people go out on the political 20 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 trail supporting education. But when it comes to putting the money on the line, we're not here. I would recommend that we vote 'yes' on this Amendment. It was the intent of the new Constitution, and we should begin to implement that. Support of education should come from the state level, not entirely from the local level."

Speaker Madigan

"Mr. Stuffle to close."

Stuffle

"Mr. Speaker, Members of the House, this is indeed a critical Constitutional Amendment. There are critical issues and concerns of the proponents and opponents. Let me simply say at the outsetting closing on the record that the clear intent to make this judiciably enforceable is simply that the fifty percent funding be provided to elementary and secondary public schools' non-capital costs, and that would be aggregate non-capital costs under this Constitutional Amendment. We did, in 1970 in the Constitution, provide a mandate, we thought, for funding. However, the courts said that the priority funding issue was rather a goal not a mandate. If you've been in my district or Ralph Dunn's or Democrat or Republican districts around the state, people want to change the basic method of funding public education. They want to move to using income tax receipts to a greater degree and abating and reducing property taxes. Senior citizens do. Agricultural groups do. Everyone does who believes that we should be taxing on the ability to pay, not taking from people who have paid taxes their whole lives, not taking from middle income people, not taking from have-nots. That would require this Constitutional Amendment. But the bottom line on the Amendment is this - the people get to decide whether we move to funding from state sources to a greater degree and rely less on local property taxes. The people get to decide what pocket the money comes out of. 21 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 This is not a tax increase. It is indeed a shift in burden, however, that we believe ought to be put before the people for their decision, not just ours. We've gone from forty-eight percent plus funding of the aggregate non-capital costs seven years ago to thirty-eight percent this year. That's a dramatic shift, a shift of 800 million dollars. The people ought to get to decide this issue. They can only have that opportunity if we let them. Accordingly, I ask you to vote 'aye' on House Joint Constitutional Amendment #14."

Speaker Madigan

Speaker Madigan: "The question is, 'Shall House Joint Constitutional Amendment 14 be adopted?' All those in favor will signify by voting 'aye', all those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 95 'ayes', 13 'nos', 3 voting 'present'. This Resolution, having received the Constitutional Three-Fifths Majority, is hereby declared adopted. HJBCA 20, Mr. Ropp."

Ropp

"Thank you, Mr. Speaker and Members of the House. Today I bring before you Constitutional Amendment #20 which deals with a very acute problem at the current time. The situation is that under a recent Judge's ruling involving the Board of Commissioners of the Wood Dale Public Library District versus the County of DuPage, the Judge stated that the county could not continue to keep the interest on monies that they had collected for special service districts. That meant then, in his ruling, that monies that had been collected in the form of interest to operate county government and to pay for the collection of fees and taxes for those districts retroactively back to 1976 had to be turned over to these districts, such as school districts, library boards and so forth. The total amount 22 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 that will be forthcoming or needed to be paid would be 150 million dollars. This Constitutional Amendment does not deal in any way with securing those funds to pay off that Judge's direction. We are attempting by this Amendment to, with a companion Bill, allow for the increase of county taxes which would offset the loss of interest that they have been accumulating over these last several years. As a result of the interest that they had been accumulating, it allowed taxes not to increase in counties throughout the State of Illinois. Therefore, we're attempting to just offset the loss of revenue for the operation of collecting these taxes in counties throughout the State of Illinois. DuPage County, as I understand, will have to come up with at least 16 million dollars. McLean County, a million six hundred thousand. And many counties will have to come up with sizeable amounts of money which certainly will cause all of their general revenue funds to be in great jeopardy. Let me state that the Supreme Court, a few weeks ago, refused to hear the appeal of that decision. Since that last Friday, as I understand it, the Supreme Court will or have changed their mind and will, in fact, at least review it. It is my understanding that the intent is to review whether or not the payment will be retroactive, not necessarily that the interest should not go along with the bodies receiving the money. So, through this Constitutional Amendment, it would change certain provisions of Section 9 of Article VII of our Constitution relating to fees and salaries of units of local government which would allow them to receive monies for collecting taxes. I urge your support and would be happy to answer any questions that you may have at this time."

Speaker Madigan

"Mr. Klemm."

Klemm

"Will the Sponsor yield for a question?" 23 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984

Speaker Madigan

"The Sponsor indicates that he will yield."

Klemm

"Representative Ropp, who now pays for the county tax collector, for their offices for their function in county government?"

Ropp

"It is my understanding that they have been using these interest money to pay for the collecting of taxes. It's just that they have been using the interest that they had accrued."

Klemm

"Now, you're saying that the office of the county tax collector was paid soley out of the receipts or the interest that they received on the investments of the monies that were collected in behalf of other entities and that the county board provided really no monies for that office."

Ropp

"That's correct. From a practical standpoint, it went into their general fund, which now the Judge has said is not constitutional."

Klemm

"What was the purpose of creating the office of the county tax collector?"

Ropp

"It was to collect the taxes."

Klemm

"And distribute them to the taxing bodies?"

Ropp

"Yes."

Klemm

"Alright. To the... To the Resolution... or to the Amendment, Mr. Speaker. You know, the counties have a tax budget that they use, and it also includes funds, if they wish to allocate, for the tax collector or the treasurer or whoever is doing that type of responsibility. To say that the interest earned or the fees charged is the sole revenue to operate the tax collector would be somewhat misleading. The county was mandated to collect the taxes for the taxing bodies in Illinois in their counties, and they are certainly doing that. If this Amendment were to be approved, really what it does is add an additional tax 24 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 burden to the taxpayers, irrespective of a taxing... a taxing districts... a levy, amount of distribution, amount of expense in disposing and sending to that body their tax receipts. I think a better approach would be, rather than this Amendment which is simply adding more taxes to the property owner which we're trying to avoid, would be... a better approach would be to have a fee, a legitimate fee that could be then charged to that taxing body for the amount of work that they create in collecting and distributing those taxes, rather than a carte blanch type of tax rate that every taxpayer has to pay irrespective of whether they're getting the service or not. I think this approach, though worthy certainly of our consideration, and I know the Sponsor has spent a great deal of time in trying to address the problem of lost revenues to the counties, that this approach would not serve the interest of the taxpayers at this particular time, and I stand in opposition to this Constitutional Amendment."

Speaker Madigan

"Mr.... Mr. Friedrich."

Friedrich

"Mr. Speaker, would the Sponsor yield?"

Speaker Madigan

"Sponsor indicates that he will yield."

Friedrich

"Representative Ropp, I don't have a copy of the proposed Amendment on my desk, but I'm reading the Digest. Does this open up the whole matter... We abolished the fee system in 1970. Does this open it up to any county officer that wants to establish fees for doing something?"

Ropp

"No, this does not deal with fees. This... This would allow for an additional increase of the assessed valuations. I have an accompanying Bill which would increase it to .025 additional which would allow that revenue to be used for the collection of these taxes for special districts."

Friedrich

"Well..." 25 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984

Ropp

"It is not a fee. It would not be a fee."

Friedrich

"The Digest says that the... prohibit the fees from being based on funds disbursed or collected. So, it's not going to be a percentage deal? Your explanation now just indicated it was going to be a percentage matter."

Ropp

"That is correct."

Friedrich

"Well, the Digest is wrong then. Are you saying that?"

Ropp

"The Bill, House Bill 2444, would increase the effect... the assessed valuation to .5 where it is now .2... .025 to .05."

Friedrich

"The Digest, though, indicates that the fees cannot be in relationship to the amount collected or disbursed. That's not right then, huh?"

Ropp

"That's correct."

Friedrich

"That's correct that this is not right?"

Ropp

"My interpretation of what the Bill does is not establish a fee. It increases the assessed valuation from .025..."

Friedrich

"You're talking about the Bill. I'm asking about the Constitutional Amendment."

Ropp

"The Constitutional Amendment now deals with..."

Speaker Madigan

"Mr. Tuerk. Excuse me, Mr. Tuerk. Back to Mr. Friedrich."

Ropp

"Just a second. The current Constitutional Amendment prohibits fees to be collected for collecting of the tax."

Friedrich

"Right."

Ropp

"We're deleting that portion of the Constitutional Amendment. The way that we are addressing that is to increase the assessed valuation tax."

Friedrich

"But the county would be getting... collecting money based on the amount of collect... taxes they collect and disburse, right?"

Ropp

"Would not... No. They would not be collecting money on 26 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 that that was being disbursed. They would be... It would be a tax on the assessed valuation."

Friedrich

"But the fee would be in proportion to the amount of taxes collected and disbursed, right?"

Ropp

"Alright. I think you're correct."

Friedrich

"Okay. Thank you."

Speaker Madigan

"Mr. Tuerk."

Tuerk

"Mr. Speaker, Members of the House, there may be a few problems connected with the language of the Amendment; and, if so, I would hope that those could be cleared up as we go along through the process, but I do think it's important to pass this Amendment through the House. The counties right now face financial chaos because of the court decisions that have been rendered. I think it's the only long-range solution to a real problem facing every county in this state. And, therefore, I rise in support of the Constitutional Amendment and commend the Sponsor for bringing it to our attention. I think it is a solution which will have far-reaching affect. And, therefore, I rise in support of the Amendment."

Speaker Madigan

"Mr. Dunn." Dunn, Ralph: "Thank you... Thank you, Mr. Speaker. Members of the House, I think this Constitutional Amendment would open up a can of worms that we tried to close in the Constitutional Convention. I was a Member of the Local Government Committee, and I remember how many days and weeks and hours of testimony we had trying to do away with the fee system in county government, and this just puts it back on the fee system. And we go back to the 1870 Constitution. And much of the work of the 1970 Constitutional Convention would be for naught. I would certainly urge a 'no' vote on this proposed Constitutional Amendment. Thank you." 27 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984

Speaker Madigan

"Representative Cowlishaw."

Cowlishaw

"Will the Speaker yiel... Will the Sponsor yield for a question?"

Speaker Madigan

"The Sponsor indicates that he will yield. Mr. Ropp."

Cowlishaw

"Thank you. Representative Ropp, I want to make sure that I understand what underlies this proposal. As I believe that I understand, in the past counties in Illinois have been responsible for actually collecting the dollars levied by all units of local government within that county, have, when receiving those taxes, invested them and used the interest to help pay for the cost of tax collection."

Ropp

"Correct."

Cowlishaw

"With these court decisions, that is no longer possible. Therefore, all the units of local government will receive an unexpected windfall and will doubtless find good means to use that windfall. And to compensate for that you propose increasing, in fact, the tax rate that counties may levy so that they can pay for the costs of tax collection. It seems to me that this Constitutional Amendment is not in the best interests of the taxpayers."

Speaker Madigan

"Representative Ropp."

Ropp

"Madam Representative, in answer to that. This Constitutional Amendment does not in any way deal with the windfall. The Judges ruling deals with allowing this windfall to come about. What this Constitutional Amendment does is to allow counties to replace the lost interest money that they had been receiving to operate and to pay for the collecting of taxes. Without this interest money over the years, taxes would have had to been increased or else services vastly decreased because of not having this interest money that they heretofore assumed was constitutionally theirs. Under the ruling of the Judge, he 28 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 has stated that this interest money does in no way belong to the county. You could go back some seven or eight years and taxes would have had to have been increased to cover the money that is now being called upon to go to these districts. This is a situation that has been previously stated will cause many counties financial distress, turmoil and a major problem. We're not dealing with the previous problem. We're dealing with the situation as of today from henceforth forward."

Cowlishaw

"Thank you, Representative Bopp. Let me just ask one further question so that I am sure I understand the proposal. If this Constitutional Amendment were, in fact, adopted, is it not so that the total tax bill in dollars that would be required to be paid by taxpayers throughout Illinois would likely be increased?"

Bopp

"That is a possibility. It is my feeling and is my judgement that the counties should not increase certain levies that would give them more. We are, in fact, only attempting to compensate for the loss of that interest money that they will now have to give up or surrender. It is not the intent of this Sponsor to allow counties to receive an increase, but that the counties would reduce certain other areas that they are now taxing which would actually serve as a wash. Without this Amendment though, there will be a substantial loss to counties, and services will have to be cut to taxpayers. We're not attempting to increase taxes overall that a taxpayer would be paying. We are attempting to rearrange the method by which counties will be recieving revenues to pay for the collecting of taxes and the services within that county."

Cowlishaw

"Thank you."

Speaker Madigan

"Representative Mulcahey."

Mulcahey

"A question of the Sponsor, Mr. Speaker. 29 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Representative Bopp, would the problem... the problem exists right now where the counties do indeed owe... they owe this money to the local units of government, under this proposal, how would that money actually be paid back to those local units of government by all the counties throughout the state? What is the source of the funds?"

Bopp

"This Constitutional Amendment does not deal with paying the 150 million dollars back in any way, shape or form. It deals with this point on addressing the situation that the Judge stated could not be... could not become a reality, in that they... they cannot receive the interest for the monies that they had invested for 30 days. We're attempting to allow them to pass a slight increase in their taxing authority to equate to the interest that they will be losing. We're addressing the issue from here on, not from here back to '76. There are other Bills, as I understand it, that will attempt to address coming up with 150 million dollars to pay to these special service districts. Those Bills are in the hopper. This does not deal with paying off the 150 million dollars."

Mulcahey

"Thank you."

Speaker Madigan

"Mr. Bopp to close."

Ropp

"Mr. Speaker and Members of the General Assembly, it is my hope that you will help to address a situation that has caused recently whereby all of the interest that had been received by the counties for these number of years, based on interest that they had received on taxes collected for special districts which have now been determined by a Judge that should follow the collected monies to the special districts, which will in effect cause a substantial windfall in dollars to those districts, but we're not dealing with the windfall at this particular time. We're dealing with changing the Constitution based on the Judge's 30 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 opinion which says they could not receive monies for collecting taxes. It's a sizeable amount of money, 150 million dollars throughout the state, and each one of you have counties that have tremendous amounts of sums of money that you're going to have to come up with based on the Judge's ruling. We're attempting to only allow for a slight increase in revenue to offset the interest lost and that no overall taxes will be increased assuming that county boards will lower the tax rate on other special districts because of the windfall that will be coming about. I urge your support of this. It's a very timely issue, and I hope that you will permit the people of the State of Illinois to vote on this very important issue."

Speaker Madigan

"Question is, 'Shall House Joint Constitutional Amendment 20 be adopted?' Those in favor will signify by voting 'aye', those opposed by voting 'no'. Mr. Homer to explain his vote."

Homer

"Thank you, Mr. Speaker and Ladies and Gentlemen. I rise in support of this Constitutional Amendment. This Amendment, if implemented, would not cause an increase in anyone's tax bill. It's basically an intergovernmental dispute that arose only because of an odd decision filed when the Wood Dale Public Library sued DuPage County. Until that time, it was assumed by all taxing districts and by counties that the interest earned by the collector prior to distribution would be paid into the county general fund. And in fact, we have a statute that requires that. That became the subject of the constitutional challenge and, to everyone's bewilderment, it was decided that that interest would constitute a fee which was prohibited by Article VII of the Constitution. The adoption of this Constitutional Amendment would put all of the parties back in the same place that they thought they were in before this 31 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 interpretation. It does nothing more or nothing less, and I would ask for your support."

Speaker Madigan

"Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 64 'ayes', 20 voting 'no'... Record Mr. Domico as 'aye'. Mr. Ropp."

Ropp

"Mr. Speaker, might I ask for a Poll of the Absentees, please?"

Speaker Madigan

"Mr. Clerk, poll the absentees."

O'Brien

"Poll of the Absentees. Berrios. Bullock. Christensen. Farley. Giglio. Huff. Jaffe."

Speaker Madigan

"Record Mr. Jaffe as 'no'. We're reading the absentees now. If you could wait just one second. Proceed, Mr. Clerk."

O'Brien

"Keane. Kirkland. Laurino. Levin. Markette. Neff. Panayotovich. Pangle. Pierce. Rhem."

Speaker Madigan

"Mr. Pierce. Record Mr. Pierce as 'aye'."

O'Brien

"Shaw. Taylor."

Speaker Madigan

"Mr. Taylor. Record Mr. Taylor as 'no'."

O'Brien

"Woodyard. Zwick, and Mr. Speaker."

Speaker Madigan

"For what purpose does Mr. Johnson seek recognition?"

Johnson

"Would you change my vote from 'present' to 'yes' please?"

Speaker Madigan

"How do you wish to be recorded Mr. Johnson? 'Aye?' Record Mr. Johnson as 'aye'. Mr. Peterson. Mr. Peterson. He's on the Republican side. Mr. Peterson."

Peterson

"Thank you, Mr. Speaker. I would like to change my vote to 'aye' from 'no'."

Speaker Madigan

"Record Mr. Peterson as 'aye'. Mr. Levin."

Levin

"Mr. Speaker, ask leave to be recorded 'aye'."

Speaker Madigan

"Record Mr. Levin as 'aye'. Mr. Marzuki."

Marzuki

"Change my vote to 'aye'." 32 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984

Speaker Madigan

"Record Mr. Marzuki as 'aye'. Mr. Kirkland. Record Mr. Kirkland as 'aye'. Are there any further changes? Representative Markette."

Markette

"Mr. Speaker, record me as 'present'."

Speaker Madigan

"Did you wish to be recorded as 'aye'? 'Present'? Record Representative Markette as 'present'. There's a further change. Record Mr. Domico as 'present'. On this question, there are 70 'ayes', 21 'nos', 11 voting 'present', and this Resolution, having failed to receive the Three-Fifths Constitutional Majority, is hereby declared as failed. The Resolution failed. The Chair would like to introduce former State Senator Richard Guidice, right to the right of the podium. If we could all acknowledge Senator Guidice. Today is the... Representative Daniels, today is the convention of the Democratic Party, so we have received several political guests from Chicago who I'd like to introduce at this time. And they're all on the House floor, so we have with us Alderman Danny Davis of the 29th Ward in Chicago; Alderman Ed Smith of the 28th Ward in Chicago; Alderman Wallace Davis, the 27th Ward in Chicago; Alderman Perry Hutchinson of the 9th Ward; Alderwoman Anna 'Lankford' of the 16th Ward; Committeewoman Iola 'McGowen'; former State Representative and now Alderman of the 24th Ward, Bill Henry; Alderman Marty Oberman of the 43rd Ward; and Alderman Bernie Hanson of the 44th Ward; Committeeman Gary 'Marinaro' from Proviso Township. Mr. Daniels, did you have any Alderman that you wanted to introduce?"

Daniels

"Mr. Speaker, I just wanted to let the people on the other side of the aisle know that we have 29 votes over on this side, and we'd be more than happy to work with you in the City of Chicago instead of agin you. Thank you."

Speaker Madigan

"The Chair shall now move to the Order of Second 33 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Reading. On page five of the Calendar on the Order of House Bills Second Reading, Short Debate Calendar, there appears House Bill 1818. Mr. Flinn, do you wish to call your Bill? Mr. Clerk, read the Bill."

O'Brien

"House Bill 1818, a Bill for an Act in relation to the rate of interest. Second Reading of the Bill. Amendment #1 was adopted in Committee."

Speaker Madigan

"Are there any Motions?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker Madigan

"Third Reading. House Bill 2394, Mr. Steczo. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2394, a Bill for an Act to amend the Park District Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."

Speaker Madigan

"Are there any Motions?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Floor Amendment #2, Steczo, amends House Bill 2394 as amended on page one."

Speaker Madigan

"Mr. Steczo."

Steczo

"Thank you, Mr. Speaker, Members of the House. Amendment #2 to House Bill 2394 deletes everything after the enacting clause, because there were certain provisions in the original Bill and Amendment that needed to be changed. What Amendment #2 does..."

Speaker Madigan

"For what purpose does Mr. Piel seek recognition?"

Piel

"A question of the Clerk, Mr. Speaker. Has this Amendment been printed and distributed?"

Speaker Madigan

"Mr. Steczo, the Clerk indicates that the Amendment has not been printed and distributed; therefore, 34 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 we'll have to take this Bill out of the record and return to it at a later time."

Steczo

"Thank you, Mr. Speaker. I thought that it had."

Speaker Madigan

"House Bill 2460, Representative Dunn. Do you wish to call your Bill? Representative John Dunn on the floor? Representative John Dunn. House Bill 2507, Mr. Wolf. Do you wish to call your Bill? Mr. Clerk, read the Bill."

O'Brien

"House Bill 2507, a Bill for an Act to amend the Sanitary District Act. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Floor Amendment #1, Wolf, amends House Bill 2507..."

Speaker Madigan

"Mr. Wolf."

Wolf

"Thank you, Mr. Speaker, Members of the House. Amendment #1 to House Bill 2507 is strictly a technical Amendment, and I move for its adoption."

Speaker Madigan

"Those in favor of the Amendment... For what purpose does Mr. Piel seek recognition?"

Piel

"Has this been distributed, Mr. Speaker?"

Speaker Madigan

"Has this Amendment been distributed? Page indicates that the Amendment has been distributed. Mr. Piel, have you found the Amendment? Mr. Wolf moves for the adoption of the Amendment. Those in favor say 'aye', those opposed say 'no'. The Amendment is adopted. Are there any further Amendments?"

O'Brien

"No further Amendments."

Speaker Madigan

"Third Reading. House Bill 2567, Representative Younge. Is there leave to keep House Bill 1818 and 2507 on the Order of Short Debate? Leave is granted. On House Bill 2567, Representative Younge. Is Representative Younge in the chamber? House Bill 2658, Mr. O'Connell. Is Mr. 35 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 O'Connell in the chamber? Mr. O'Connell. House Bill 2666, Mr. Mautino. Do you wish to call your Bill? Mr. Clerk, read the Bill.

O'Brien

"House Bill 2666, a Bill for an Act to amend an Act in relation to licensing and regulating certain games of chance. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"None."

Speaker Madigan

"Third Reading. House Bill 2761, Mr. Ewing. Do you wish to call your Bill? 2761. Sponsor indicates he does not wish to call the Bill. House Bill 2798, Mr. Friedrich. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2798, a Bill for an Act to amend Sections of the Motor Fuel Standard Act. Second Reading of the Bill. Amendments #1 and 2 were adopted in Committee."

Speaker Madigan

"Are there any Committee Amendments?"

O'Brien

"Amendments #1 and 2 were adopted in Committee."

Speaker Madigan

"Are there any Motions?"

O'Brien

"No Motions filed."

Speaker Madigan

"For what purpose does Mr. Cullerton seek recognition? Mr. Cullerton. Are there any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker Madigan

"Third Reading. House Bill 2803, Mr. Pierce. Mr. Pierce, do you wish to call House Bill 2803? It's an Act to enlarge the corporate limits of the Metropolitan Sanitary District of greater Chicago, so that a subdivision in Lake County can dump its sewage into the Cook County system. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2803, a Bill for an Act to enlarge the corporate limits of the Metropolitan Sanitary District of greater Chicago. Second Reading of the Bill. Amendment #1 36 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 was adopted in Committee."

Speaker Madigan

"Are there any Motions?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker Madigan

"Third Reading. House Bill 2807, Mr. Homer. Mr. Homer. The Sponsor indicates he does not wish to call his Bill. House Bill 2816, Mr. Brummer. Mr. Brummer. Mr. Brummer and Mr. Winchester. Mr. Brummer, do you wish to call your House Bill 2816? It's an Act in relation to State Occupation and Use Taxes. It's on page five of the Calendar. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2816, a Bill for an Act in relation to State Occupation and Use Taxes on repair and replacement parts and graphic arts, machinery and equipment. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Committee Amendments?"

O'Brien

"No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"None."

Speaker Madigan

"Third Reading. House Bill 328, Mr. Hallock. Do you wish to call your Bill? The Sponsor indicates that he does not wish to call his Bill. House Bill 598, Representative Braun. Is Representative Braun on the floor? House Bill 713, Mr. Pierce. Do you wish to call your Bill? Sponsor indicates he does not wish to call his Bill. House Bill 825, Mr. Hopp. Do you wish to call your Bill? Is Mr. Hopp in the chamber? Mr. Hopp. House Bill 1474, Mr. Steczo. Mr. Clerk, read the Bill."

O'Brien

"House Bill 1474, a Bill for an Act to amend Sections of the Illinois Income Tax Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."

Speaker Madigan

"Are there any Motions?" 37 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker Madigan

"Third Reading. House Bill 1522, Mr. Steczo. Mr. Clerk, read the Bill."

O'Brien

"House Bill 1522, a Bill for an Act to amend Sections of the Illinois Public Aid Code. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Amendment #1, Steczo, amends House Bill 1522..."

Speaker Madigan

"Mr. Steczo. Mr. Steczo."

Steczo

"Thank you, Mr. Speaker. I hope this one's been distributed. Simply all that House... Amendment #1 to House Bill 1522 does is changes one word, and it deletes the one word in the Bill... 'other'. And I would move for its adoption."

Speaker Madigan

"Is there any discussion? Mr. Vinson."

Vinson

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

Speaker Madigan

"The Sponsor indicates that he will yield."

Vinson

"Would you explain what the effect of that change is?"

Steczo

"Representative Vinson, since I don't have my file here, I'd like to, Mr. Speaker, take this out of the record and get back and so I'll have all the full information for you."

Speaker Madigan

"Take this Bill out of the record. House Bill 2213, Representative Alexander. Is Representative Alexander in the chamber? House Bill 2337, Mr. Giorgi. Is Mr. Giorgi in the chamber? House Bill 2350, Representative Currie. Do you wish to call your Bill? The Sponsor indicates she does not wish to call her Bill. House Bill 2369, Mr. Brookins. Is Mr. Brookins on the floor? House Bill 2371, Mr. Mulcahey. Is... Mr. Clerk, read the Bill."

O'Brien

"House Bill 2371, a Bill for an Act to amend 38 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Sections of an Act in relation to regulation of rivers, lakes, streams in the State of Illinois. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"None."

Speaker Madigan

"Third Reading. House Bill 2379, Mr. Bowman. Is Mr. Bowman in the chamber? Do you wish to call your Bill? Mr. Clerk, read the Bill."

O'Brien

"House Bill 2379, a Bill for an Act to amend the Civil Administrative Code of Illinois. Second Reading of the Bill. Amendment #1 and 2 are adopted in Committee."

Speaker Madigan

"Are there any Motions?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Motions (sic - Amendments)?"

O'Brien

"No Floor Amendments."

Speaker Madigan

"Third Reading. House Bill 2384, Mr. Matijevich. The Sponsor indicates that he does not wish to call his Bill. House Bill 2388, Mr. Ewing. Do you wish to call your Bill? Mr. Clerk, read the Bill."

O'Brien

"House Bill 2388, a Bill for an Act to amend Sections of the Revenue Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."

Speaker Madigan

"Are there any Motions?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Amendment #2 lost in Committee. Floor Amendment #3, Ewing, amends House Bill 2388..."

Speaker Madigan

"Mr. Ewing. Mr. Ewing."

Ewing

"Mr. Speaker, this Amendment makes an immediate effective date on this legislation. When the Bill was drafted, it had no effective date. To be used as it is... as we wish for this legislation, it must have an immediate effective 39 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 date. That's all this Amendment does."

Speaker Madigan

"Those in favor of the Amendment say 'aye', those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there further Amendments?"

O'Brien

"Floor Amendment #4, Ewing, amends House Bill 2388."

Speaker Madigan

"Amendment #4."

Ewing

"Mr. Speaker, I'd like to table or withdraw Amendment #4 - withdraw Amendment #4."

Speaker Madigan

"Withdraw Amendment #4. Are there further Amendments?"

O'Brien

"No further Amendments."

Speaker Madigan

"Third Reading. House Bill 2403, Mr. Slape. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2403, a Bill for an Act to provide for a Collinsville Metropolitan Exhibition Auditorium and Office Building Authority. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"None."

Speaker Madigan

"Third Reading. House Bill 2429, Mr. Wolf. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2429, a Bill for an Act to add Sections to the Intergovernmental Cooperation Act. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"None."

Speaker Madigan

"Third Reading. House Bill 2441, Mr. Mulcahey. Mr. Mulcahey, do you wish to call 2441? Sponsor indicates he does not wish to call the Bill. House Bill 2451, Mr. Friedrich. Mr. Dwight Friedrich, do you wish to call your Bill? 2451, an Act in relation to state finance. Mr. Clerk, the Sponsor indicates he does not wish to call his 40 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Bill. House Bill 2464, Mr. Greiman. Mr. Greiman on the floor? Mr. Greiman. House Bill 2504, Mr. Flinn. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2504, a Bill for an Act to add Sections to the Illinois Income Tax Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Committee Amendment #1 was adopted."

Speaker Madigan

"Are there any... Is there a Motion?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker Madigan

"Third Reading. House Bill 2518, Mr. Cullerton. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2518, a Bill for an Act to amend Sections of the Use Tax and amend the Retailers' Occupation Tax Act. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"None."

Speaker Madigan

"Third Reading. House Bill 2528, Mr. Giglio. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2528, a Bill for an Act relating to the development, conservation and recovery of natural gas resources of the State of Illinois. Second Reading of the Bill. Amendment #1 was adopted in Committee."

Speaker Madigan

"Is there a Motion?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker Madigan

"Third Reading. House Bill 2542, Mr. Peterson. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2542, a Bill for an Act to amend 41 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Sections of the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"None."

Speaker Madigan

"Third Reading. House Bill 2545, Mr. Laurino. Mr. Laurino, 2545. The Sponsor indicates he does not wish to call the Bill. House Bill 2565, Representative Wojcik. Do you wish to call your Bill? The Sponsor indicates she does not wish to call her Bill. House Bill 2570, Mr. McCracken. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2570, a Bill for an Act to add Sections to an Act in relation to fire protection districts. Second Reading of the Bill. Amendment #1 was adopted in Committee."

Speaker Madigan

"Is there a Motion?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker Madigan

"Third Reading. House Bill 2574, Mr. Brummer. Is Mr. Brummer on the floor? For what purpose does Representative... Representative Brummer indicates he does not wish to call his Bill. House Bill 2592, Mr. Matijevich. The Sponsor indicates he does not wish to call his Bill. House Bill 2615, Mr. Brummer. Mr. Brummer. Is Mr. Brummer on the floor? Mr. Brummer indicates he does not wish to call his Bill. House Bill 2713, Mr. Giorgi. Do you wish to call your Bill? It amends the Metropolitan Civic Center Support Act to provide that more state money will be drained to Rockford. The Sponsor indicates he does not wish to call his Bill. House Bill 2719, Mr. Pangle. Is Mr. Pangle on the floor? House Bill 2721, Mr. Yourell. Is Mr. Yourell on the floor? House Bill 2732, Mr. Greiman. Do you wish to call your Bill? This is an Act 42 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 creating the Central East Metropolitan Exposition Auditorium and Office Building Authority to host bar mitzvahs. Do you wish to call your Bill, Mr. Greiman? Mr. Clerk, read the Bill."

O'Brien

"House Bill 2732, a Bill for an Act creating the Centre East..."

Speaker Madigan

"For what purpose does Mr. Greiman seek recognition?"

Greiman

"Could I just... One moment, Mr. Speaker, if I might."

Speaker Madigan

"Mr. Greiman, are you ready? Mr. Clerk, read the Bill."

O'Brien

"House Bill 2732, a Bill for an Act creating the Centre East Metropolitan Exhibition (sic - Exposition) Auditorium and Office Building Authority. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Floor Amendment #1, Barnes, amends House Bill 2732..."

Speaker Madigan

"For what purpose does Mr. Fiel seek recognition?"

Fiel

"A question, Mr. Speaker. Has this been distributed?"

Speaker Madigan

"What is your question?"

Fiel

"Never mind. We've got it. I've got it."

Speaker Madigan

"The... Mr. Page, has this Amendment been distributed? The Page indicates that the Amendment has not yet been distributed Mr. Greiman; therefore, the Bill shall be taken out of the record and left on the Order of Second Reading. House Bill 2750, Mr. Giorgi. Intergovernmental Cooperation Act. Mr. Clerk, read the Bill."

O'Brien

"House Bill 2750, a Bill for an Act to amend Sections of the Intergovernmental Cooperation Act. Second Reading of the Bill. Amendment #1 was adopted in 43 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Committee."

Speaker Madigan

"Is there a Motion?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker Madigan

"Third Reading. House Bill 2766, Mr. Dunn. Mr. John Dunn. House Bill 2792, Mr. DeJaegher. Do you wish to call your Bill? Mr. Clerk, read the Bill."

O'Brien

"House Bill 2792, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."

Speaker Madigan

"Is there a Motion?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker Madigan

"Third Reading. House Bill 2800, Mr. Cullerton. The Sponsor indicates he does not wish to call his Bill. House Bill 2832, Mr. Hastert. Do you wish to call your Bill? The Sponsor indicates he does not wish to call his Bill. Ladies and Gentlemen, it would greatly facilitate the movement of Bills from Second to Third Reading if Sponsors were on the floor during this Order of Business and prepared to tell the Chair whether they wish their Bill called or not. There were several instances today where Sponsors were not on the floor, which means that we'll now have to return to those Bills. For which purpose does Mr. Steczo seek recognition?"

Steczo

"Mr. Speaker, we're prepared to go with House Bill 1522 on Second Reading."

Speaker Madigan

"Okay. On page six of the Calendar, on the Order of House Bills Second Reading there appears House Bill 1522. Mr. Clerk, read the Bill."

O'Brien

"House Bill 1522, a Bill for an Act to amend 44 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Sections of the Illinois Public Aid Code. Second Reading of the Bill. No Committee Amendments."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"Floor Amendment #1, Steczo, amends..."

Speaker Madigan

"Mr. Steczo."

Steczo

"Thank you, Mr. Speaker, Members of the House. As I had mentioned previously, Amendment #1 deletes the word 'other' from the Bill. And upon reviewing the Bill, there's the word 'other' and 'otherwise'. We're just deleting the word 'other', and it's just a technical Amendment. And I would move for its adoption."

Speaker Madigan

"Those in favor of the Amendment say 'aye', those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there further Amendments."

O'Brien

"No further Amendments."

Speaker Madigan

"Third Reading. On the same page of the Calendar, there appears House Bill 825, Mr. Ropp. Mr. Clerk, read the Bill."

O'Brien

"House Bill 825, a Bill for an Act to amend Sections of an Act in relation to grade A milk and grade A milk products. Second Reading of the Bill. Amendments #2 and 3 were adopted in Committee."

Speaker Madigan

"Are there any Motions?"

O'Brien

"No Motions filed."

Speaker Madigan

"Are there any Floor Amendments?"

O'Brien

"No Floor Amendments."

Speaker Madigan

"Third Reading. The Chair is now prepared to adjourn. Mr. Clerk, do we have any Resolutions? Agreed Resolutions."

O'Brien

"House Resolution 872, Daniels - et al; 873, Madigan and Christensen; 874, Keane; 875, Matijevich; 876, Yourell; 877, Topinka; 879, O'Connell; 880, Farley; 881, Krska; 882, DiPrima; and Senate Joint Resolution 99, 45 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Oblinger."

Speaker Madigan

"Mr. Giorgi."

Giorgi

"Mr. Speaker, House Resolution 872, by Minority Leader Daniels, commends the York Community High School Basketball Champs of '84; House Resolution 873, by Madigan, mandates we recognize the month of May as Older Americans' Month; 874, by Keane, glories in the golden wedding anniversary; Matijevich's 875 notes a tenth anniversary; 876, by Yourell, tells of another anniversary; 875 (sic - 877), by Topinka, tells us about a... Oak Brook's outstanding business leader of the year; 879, by O'Connell, admires and appreciates the contributions to community and journalism; 880, by Farley, heralds the Queen of Angels Jubilee; 881, by Krska, recognizes 30 years of dedicated service; 882, by DiPrima, talks about the Dante Award by the Civic... Joint Civic Committee of Italian Americans, and they picked Dick Kay this year. And Oblinger's House... Senate Joint tells of an annual legislative conference, and I move for the adoption of the Agreed Resolutions."

Speaker Madigan

"The Gentleman has moved for the adoption of the Agreed Resolutions. Those in favor say 'aye', those opposed 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. Mr. Clerk, are there any further Resolutions? Death Resolution."

O'Brien

"House Resolution 878, by Representative Shaw, with respect to the memory of Mr. Randolph Spearman."

Speaker Madigan

"Mr. Giorgi moves for the adoption of the Death Resolution. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The Resolution is adopted. Mr. Clerk, any further Resolutions? Fine. Alright. We're now prepared for announcements. The first announcement is that the Rules Committee will convene immediately in the Speaker's Conference Room behind the podium. So the Rules 46 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Committee will convene immediately in the Speaker's Conference Room behind the podium. Mr. Flinn."

Flinn

"Thank you, Mr. Speaker. Mr. Speaker, I move that the... the posting rules be suspended so that we may hear House Joint Resolution #124 in Financial Institutions at 4 p.m. today. I've talked to Mr. Vinson about it and got his okay."

Speaker Madigan

"Mr. Flinn, let us come right back to you. Okay. We'll come right back. You leave your light on, if you would. Mr. Leverenz."

Leverenz

"Speaker, I would move that we would suspend the posting requirement on House Bill 2644, the appropriation for the Department of Labor, so that it may be heard this Thursday morning in Committee."

Speaker Madigan

"Have you spoken with the Minority's Spokesperson?"

Leverenz

"On the other side, yes. Vinson has said, okay."

Speaker Madigan

"Okay. So you've all heard the Motion. Is there leave? Leave is granted. Would those offering Motions please indicate whether they have spoken to the Republican side? Mr... Mr. Leverenz, do you have anything further?"

Leverenz

"Yes, thank you, Mr. Speaker. I would move to suspend the rule also to have House Bill 3164 heard in the full Committee this Thursday morning. Also, it has been cleared with Representative Vinson."

Speaker Madigan

"You've all heard the Motion. Is there leave? Leave is granted. Mr. Curran. Representative Curran indicates he is not seeking recognition. Mr. Jaffe."

Jaffe

"Yes, Mr. Speaker. I would move to suspend the posting rule on the following Bills. I have discussed these Bills with Representative Johnson, and it's okay. It would be House Bills 1424, 2506 and 3253 to be heard in the 47 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Judiciary Committee tomorrow at 2 p.m."

Speaker Madigan

"You've all heard the Motion. Is there leave? Leave is granted. Mr. Pierce."

Pierce

"Mr. Speaker, I would ask for leave to waive the posting requirement on House Bill 3188. It was reassigned to Revenue Committee late on Friday, too late for our posting. I've cleared it with Representative David Harris on the other side of the aisle, a... a future leader."

Speaker Madigan

"You've all heard the Motion. Is there leave? Leave is granted. Mr. Bullock."

Bullock

"Thank you, Mr. Speaker, Ladies... into the House. I move to suspend the posting rule on House Bill 1046 so it can be posted in the Personnel and Pension Committee. I've spoken to the Committee Chair. I can't find the Committee Vice-Chair, and I did run it past Representative Vinson."

Speaker Madigan

"Would you speak again with Mr. Vinson, and I'll come right back to you? Mr. Terzich."

Terzich

"Yes, Mr. Speaker, the Executive Committee has 80 Bills in its Committee, and I would appreciate if all Members... We will be meeting at 8 a.m. tomorrow morning in Room 118, and I would appreciate their attendance at that time."

Speaker Madigan

"Representative Younge."

Younge

"Mr. Speaker, I move to suspend the posting rules and hear, and this has been cleared with the Minority Leader, House Bills 1004, House Bill 1011, 1278 and 1716 in the Urban Redevelopment Committee on Thursday, May 3rd, at 11 a.m. in Room 122B."

Speaker Madigan

"For what purpose does Mr. Piel seek recognition?"

Piel

"Yes, Mr. Speaker, as a Minority Spokesman on that Committee, it was cleared with me, but I think she better change her Motion to... you know for the posting of the Committee also, not just the Bills in the Committee, cause 48 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 the Committee has not been posted at the present time.

Speaker Madigan

"Mr. Piel, could you state that again?"

Piel

"I said the Committee has not been posted at the present time. I have no problem, but I think she should change her Motion, as far as the posting of the Committee also."

Speaker Madigan

"Could both of you come to the podium and consult with the Parliamentarian? We'll come back to this matter. Mr. White."

White

"Mr. Speaker, I move to suspend the posting rule in order to hear House Bill 2875 on Thursday in the Human Services Committee."

Speaker Madigan

"Have you spoken to the Minority Spokesman on the Committee?"

White

"Yes. Yes."

Speaker Madigan

"Okay. You've all heard the Motion. Is there leave? Leave is granted. For those who are Members of the Rules Committee, would you please go to the Speaker's Conference Room immediately? For those who are Members of the Rules Committee, would you please go to the Speaker's Conference Room immediately? Mr. White."

White

"Mr. Speaker, for purpose of an announcement. For the Members on the Human Services Committee, we will meet in... on the House floor at 4 o'clock, instead of Room 118. Members of the Human Services Committee will meet at 4 o'clock on the House floor."

Speaker Madigan

"Mr. Bowman."

Bowman

"Thank you, Mr. Speaker. As principle Sponsor of House Bill 2676, I move to table this legislation."

Speaker Madigan

"Mr. Terzich. Mr. Bowman has moved to table House Bill 2670 (sic - 2676). You've all heard the Motion. Is there leave? Leave is granted. Mr. Terzich. Mr. Steczo."

Steczo

"Thank you, Mr. Speaker. I'd ask leave of the House to 49 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 waive the posting requirements to hear House Bill 2905 in the Counties and Townships Committee tomorrow afternoon. It's been cleared by Representative McMaster, who's the Minority Spokesman, and also by Representative Vinson."

Speaker Madigan

"Mr. Steczo, would you state that Motion again?"

Steczo

"Yes, Mr. Speaker. I would ask leave of the House to suspend the posting rules so that House Bill 2905 could be heard in the Counties and Townships Committee tomorrow afternoon. It's been cleared by Representative Vinson and by Representative McMaster."

Speaker Madigan

"You've all heard the Motion. Is there leave? Leave is granted. Mr. Leverenz."

Leverenz

"Thank you, Mr. Speaker, for purposes of an announcement. The Appropriations Subcommittee on Commissions is postponed on Wednesday of this week. It will meet immediately after Session on Thursday according to the posting notice for Thursday. Thank you."

Speaker Madigan

"Mr. Flinn."

Flinn

"Mr. Speaker, I would ask that we waive the posting rule so that the Financial Institutions can hear House Joint Resolution #124 this afternoon in its 4 p.m. meeting."

Speaker Madigan

"You've all heard the Motion. Is there leave? Leave is granted. Representative Younge, have we resolved your problem?"

Younge

"Yes, I would ask leave that the Urban Redevelopment Committee would be able to meet in Room 122B at 11 o'clock on the 3rd of May, and that the rules for posting would be waived to post... permit me to post House Bill 1004, 1011, 1278 and 1716."

Speaker Madigan

"Mr. Vinson."

Vinson

"I would object, Mr. Speaker."

Speaker Madigan

"There is an objection to that request."

Younge

"I understood that that had been cleared with the 50 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984 Republican side of the aisle."

Speaker Madigan

"Representative Younge, the rules provide that if there is an objection to your Motion, then we are not permitted to take up consideration of the Motion; however, you could file a written Motion which we could publish on the Calendar, and then it could be considered tomorrow."

Younge

"Alright. Thank you."

Speaker Madigan

"Thank you. Is there anything further to come before the Body? There being nothing further, the Chair recognizes Representative DiPrima."

DiPrima

"Thank you, Mr. Speaker. Once again, as you know, the combined veterans of the State of Illinois are running a legislative dinner honoring all of you tommorrow night, and all I want to know is if there's anyone of you that aren't going to be able to attend. Thank you."

Speaker Madigan

"Mr. Winchester."

Winchester

"Leave, Mr. Speaker, to suspend the appropriate rule in order that House Bill 2856 can be heard in Transportation Committee today."

Speaker Madigan

"Have you spoken with..."

Winchester

"I understand it's been cleared with Leadership on both sides of the aisle."

Speaker Madigan

"You've all heard the Motion. Is there leave? Leave is granted. Anything further? Message from the Senate."

O'Brien

"A Message from the Senate by Mr. Wright, Secretary. 'Mr. Speaker, I am directed to inform the House of Representatives that the Senate has passed a Bill with the following title, the passage of which I'm instructed to ask concurrence of the House of Representatives, to wit; Senate Bill #1585, passed by the Senate May 1, 1984. Kenneth Wright, Secretary.'"

Speaker Madigan

"The Chair recognizes Mr. McPike for a Motion." 51 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day May 1, 1984

McPike

"Thank you, Mr. Speaker. I would ask leave to waive the posting requirements so that House Bill 2856 can be heard in Transportation; House Bill 2921, Personnel and Pensions; House Bill 2926 in Personnel and Pensions; House Bill 2934 in Exec; and House Bill 3056... 3056 in the Executive Committee."

Speaker Madigan

"You've all heard the Motion. Is there leave? Leave is granted. Is there anything further to come before the Body? There being nothing further, the Chair recognizes Mr. McPike for the Adjournment Motion."

McPike

"Thank you, Mr. Speaker. I move the House stands adjourned until tomorrow at the hour of 12:00 noon."

Speaker Madigan

"You've all heard the Motion. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The House stands adjourned until tomorrow at 12:00 noon." 52 DOCUMENT NAME REQ STORE PRINT D OPER GROUP COMMAND DATE COPY WIDTH DEPTH ERROR T050184 43 0 pj 05/08/84 1 66 78 09/07/84 STATE OF ILLINOIS 12:30 83RD GENERAL ASSEMBLY PAGE 1 HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 01, 1984 HB-0825 SECOND READING PAGE 45 HB-1474 SECOND READING PAGE 37 HB-1522 SECOND READING PAGE 44 HB-1818 SECOND READING PAGE 34 HB-2371 SECOND READING PAGE 38 HB-2379 SECOND READING PAGE 39 HB-2388 SECOND READING PAGE 39 HB-2403 SECOND READING PAGE 40 HB-2429 SECOND READING PAGE 40 HB-2504 SECOND READING PAGE 41 HB-2507 SECOND READING PAGE 35 HB-2518 SECOND READING PAGE 41 HB-2528 SECOND READING PAGE 41 HB-2542 SECOND READING PAGE 41 HB-2570 SECOND READING PAGE 42 HB-2666 SECOND READING PAGE 36 HB-2676 TABLED PAGE 49 HB-2750 SECOND READING PAGE 43 HB-2792 SECOND READING PAGE 44 HB-2798 THIRD READING PAGE 36 HB-2803 SECOND READING PAGE 36 HB-2816 SECOND READING PAGE 37 HB-3273 FIRST READING PAGE 2 HJR-0107 ADOPTED PAGE 3 *HJR-0001 THIRD READING PAGE 4 *HJR-0005 THIRD READING PAGE 10 *HJR-0014 THIRD READING PAGE 11 *HJR-0020 THIRD READING PAGE 22 SUBJECT MATTER HOUSE TO ORDER - SPEAKER MADIGAN PAGE 1 PRAYER - REVEREND DR. RUDOLPH SHOULTZ PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 1 MESSAGES FROM SENATE PAGE 4 AGREED RESOLUTIONS PAGE 45 DEATH RESOLUTION PAGE 46 MESSAGE FROM SENATE PAGE 51 ADJOURNMENT PAGE 52