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Illinois House Floor Debate — May 25, 1984

83rd General Assembly (1983-1984) · Legislative day 125 · Regular Session
Chamber
House
General Assembly
83rd (1983-1984)
Date
May 25, 1984
Legislative day
125
Session
Regular Session
Speaker turns
1,450
Original
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Speaker McPike

"The House will come to order. Members will be in their chairs. The Chaplain for today will be Babbi Israel Zoberman of Temple B'rith Sholom in Springfield. Rabbi Zoberman is a guest of Representative Mike Curran. The guests in the balcony please rise and join us in the invocation."

Rabbi Zoberman

"Our God of life, dear Legislators, at this time of the year with the cycle of seasons moving on, we pause to inhale the beauty of our earthly habitation affecting all our human senses. May its grandeur move us to acknowledge the infinite creativity and wisdom of its guiding power we call by the name of God. Let us ever safeguard the irreplaceable treasures of life in its glorious variety so that the generations to follow will also acclaim their blessing. Amen, and good morning."

Speaker McPike

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

Ropp et al

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

Speaker McPike

"Roll Call for Attendance. Representative Greiman, excused absences."

Greiman

"Yes, let the record show that Representative Taylor is excused this morning, Mr. Speaker."

Speaker McPike

"112 Members answering the Roll Call, a quorum is present. Representative Vinson."

Vinson

"Mr. Speaker, Mr. Harris ought to be excused today."

Speaker McPike

"Mr. Harris on excused absences. The record will so reflect. House Bills Third Reading, Subject Matter Cities and Counties. The following five Bills will be heard under the subject matter of Cities and Counties, 1 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 House Bill 91, House Bill 2010, House Bill 2523, House Bill 3141 and House Bill 3233. The first Bill is House Bill 91, Representative McAuliffe. Page four of the Calendar. Representative McAuliffe. The Gentleman in the chamber? Out of the record. House Bill 2010, Representative Younge. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 2010..."

Speaker McPike

"Representative Younge, we are not going to get back to these Bills today. House Bill 2010, read the Bill, Mr. Clerk."

O'Brien

"House Bill 2010, a Bill for an Act to provide for a Metropolitan Exposition and Auditorium Authority in East St. Louis. Third Reading of the Bill."

Speaker McPike

"The Lady from St. Clair, Representative Younge."

Younge

"Thank you, Mr. Speaker and Members of the House. House Bill 2010 creates the Katherine Dunham Exposition Auditorium and Office Building Authority. Amendment 2 is the Bill. The Authority would be able to issue revenue bonds and would have a seven member board appointed by the Mayor of the City of East St. Louis. The Authority would have the authority to accept grants. When this new Exposition Authority is created, it may submit an application for financial support to the Department of Commerce and Community Affairs. The application would require a detailed economic feasibility report, a financial plan and a master building plan, and if these submissions are approved by ECCA, then the state would provide 75% of the financial support for the new Exposition Authority. The balance of the financial support would be made available locally as a result of the imposition of a hotel tax, because East St. Louis is a... is a home rule unit. Feasibility studies for this new Authority have been completed in the East St. Louis area, and it has been 2 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 determined that a small community type facility is feasible for... with a theatre, with a sports arena, with cultural and educational type activities. And it is estimated that a small facility of some three million dollars, some 53,000 square feet would be appropriate. I ask for your approval of this matter. The large facilities have been built, and what we need is a very small community type facility which is the type that are being built now."

Speaker McPike

"The Lady from St. Clair has moved for the passage of House Bill 2010. Is there any discussion? The Gentleman from Marion, Representative Friedrich."

Friedrich

"In the other areas like Springfield, and Rockford and others, the state is actually furnishing the capital money but they do it only if there is sufficient proof that local income can pay the operating expenses and maintenance. Is that true in this case?"

Younge

"That is true, Representative Friedrich, and what I just said, the basis of that analysis is submitted to the Department of Commerce and Community Affairs by the Authority after it is set up. The preliminary feasibility reports that have been commissioned by the City show that it would be feasible. But those are decisions that the Department of Commerce would have to make when an application is submitted to it by the... a new authority.

Friedrich

"They have not... They have nct approved the feasibility up to this point then?"

Younge

"It is not appropriate for them to have..."

Friedrich

"Okay. Thank you."

Younge

"...considered it, because the Authority has to be set up, and this Bill is only to establish the Authority."

Friedrich

"Thank you."

Speaker McPike

"The Gentleman from Kendall, Representative Hastert. 3 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day

Hastert

"The Sponsor yield?"

Speaker McPike

"She indicates she will."

Hastert

"Representative, I see by our analysis, just a question here, that the equalized assessed valuation of the City of East St. Louis is based on the 1975 EAV. Is that still valid? Otherwise... Is that a solid basis for the raising of almost 6.3 million dollars?"

Younge

"We're talking about, Representative Eastert, a facility about 3,000,000 dollars, and we're talking about the imposition of a new tax based on the hotel and tourism trade. So the assessed valuation I don't believe would be the appropriate criteria to evaluate. Our community needs a small community facility to do theatrical, and cultural and educational type expositions and activities. So that would be the basis, and those questions are taken up by the Department of Commerce and Community Affairs at the feasibility stage."

Hastert

"Right. Well, all I'm saying is in this Bill you're asking to raise the tax based on EAV for... that you could raise up to a maximum of 6.3 million dollars, and then you could also put out obligation bonds for 1.9 million dollars. And I'm simply asking, is that the correct basis, or is the EAV gone up since 1975 or is the EAV gone down from 1975? And how would this affect those projected either tax liabilities or bonding probabilities?"

Younge

"You're looking at, Representative Hastert, an old analysis. The new Bill does not have obligation bonding as a... as one of the factors for the financing at all. We're just... The Amendment... Amendment 2 is a new Bill. We're talking about a smaller facility of some only 3,000,000 dollars, and we're talking about the imposition of a hotel tax as a basis of the 25%. So we're talking about a different proposition, a smaller proposition, altogether." 4 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984

Hastert

"Alright. Well, I understand that now, and thank you very much."

Younge

"Thank you."

Speaker McPike

"Further discussion? The Gentleman from Cook, Representative Cullerton."

Cullerton

"Representative Younge, did you say this was going to be financed through a hotel and motel tax?"

Younge

"I said that that would be an example of a type of tax. But the municipality will come up with this 25% by the imposition of a new..."

Cullerton

"This would be tax within the... East St. Louis?"

Younge

"Yes."

Cullerton

"Are there a lot of hotels and mctels in East St. Louis?"

Younge

"There are hotels within East St. Louis, and more are in the process of being conceptualized on the East St. Louis riverfront. And so there would be a growing tax basis as a result of this imposition of that tax."

Cullerton

"I see. All right. Thank you."

Speaker McPike

"Further discussion? There being nene, the Lady from St. Clair to close, Representative Younge."

Younge

"Thank you very much. I appreciate your approval of this watter."

Speaker NcPike

"The Lady moves for the passage of House Bill 2010. The question is, 'Shall House Bill 2010 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted who wish? Have all vated who wish? The Clerk will take the record. Representative Younge."

Younge

"Poll the absentees, please. Mr. Speaker. Mr. Speaker."

Speaker McPike

"On this Bill, there are 43 'ayes', 48 'nos', 2 voting 'present'. The Lady has asked for a Poll of the Absentee. Representative Keane 'aye' and Representative Barnes 'aye'. Representative Kirkland 'ayer'." 5 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

O'Brien

"Poll of the Absentees. Fullock. John Dunn. Farley. Flinn. Giglio. Harris. Homer. Laurinc. Marzuki. Mautino. McAuliffe. Panayotovich. Fangle. Bice. Richmond. Ronan. Satterthwaite. Shaw. Steczo. Taylor. Turner. White. And Zwick."

Speaker McPike

"Representative Richmond 'aye'. Representative Satterthwaite 'aye'. Representative Hallock 'no'. Representative Steczo 'aye'. Representative McGann 'aye'. Representative Marzuki 'aye'. What's the count, Mr. Clerk? Is anyone seeking recognition? Representative Ronan 'aye'. Representative Hautino 'aye'. Anyone else seeking recognition? No one else. This Bill... On House Bill 2010, there are 52 'ayes', 47 'nos', 2 voting 'present', and this Bill, having failed to receive a Constitutional Majority, is hereby declared lost. House Bill 2523, Representative Giorgi. Read the Bill, Mr. Clerk. It's on page six of the Calendar."

O'Brien

"House Bill 2523, a Bill for an Act in relation to emergency purchases of services or material by certain sanitary districts. Third Reading of the Bill."

Speaker McPike

"Representative Giorgi."

Giorgi

"Mr. Speaker, this Bill affects sanitary districts created under the Act of 1917, the districts in the Act of 1936, and the North Shore Sanitary District, and it provides and it allows sanitary districts by a two-thirds votes of all the members of the board of trustees to suspend advertising and competitive bidding procedures for letting contracts totaling now more than 40,000 in the event of an emergency affecting public health and safety. There are quite a number of safeguards in the Bill. Now, you have to... you give 21 day notice before you accept bids. But in the case where there's a lot of huge shopping centers strung out throughout Illinois, they're finding 6 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 that over night they have to go in and do work that totals over 40,000 dollars, in many instances, and this is just to allow them to do it without being afoul of the law. I urge your support."

Speaker McPike

"The Gentleman has moved for the passage of House Bill 2523. Is there any discussion? The Gentleman from McLean, Representative Ropp."

Ropp

"Er. Speaker, would the Sponsor yield?"

Speaker McPike

"Yes, he indicates be will."

Ropp

"If the current ceiling is lifted to 40,000, what was it before?"

Giorgi

"NO. This is only under... They're realizing now that under emergency need, they're running into 20,000, 30,000 and 40,000 dollar bills before they can have them bid. There's no chance to bid them when at midnight you get a call from your larger shopping center that the entire area is under water, the sever's backing up and so cn. This is to allow them to go in and do the job, and then for a year in the emergency ordinance, the board of trustees must specify the date upon which their emergency will terminate. And then it says, a full written account of the emergency together with the requisition for materials, labor and equipment must be submitted immediately upon completion, must be open to public inspection fcr at least cne year after the declaration of the emergency. They just want to be able to go in and do the job. They can't bid a job when... when willions of dollars are in jeopardy."

Ropp

"In other... In other words, this is new authorization. It is not increasing a previous limit in any way."

Giorgi

"No, Sir. No, Sir."

Ropp

"It's brand new kind of..."

Giorgi

"You still have the bidding procedures on... That was in Bill... That's in House Bill 2522, Mr. Hopp. I'd like to 7 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 take that off the Postponed Consideration later on today. That's in another Bill, 2522."

Ropp

"How many members are on this board of directors?"

Giorgi

"In Rockford... The Rockford Sanitary District, that I'm familiar with, there are a five... five or seven member board."

Ropp

"I... So in other words, just three... three people can make that decision?"

Giorgi

"Well, when you get a call that your... some area of your city is, you know, under duress, it's a pretty, you know, tough thing to do to work in an emergency waiting for bids to get the job done. This is an emergency. I trust most of the sanitary district trustees throughout the State of Illinois. This has safeguards in it."

Ropp

"Thank you."

Speaker McPike

"The Gentleman from Knox, Representative McMaster."

McMaster

"Will the Sponsor yield?"

Speaker McPike

"Yes, he will."

McMaster

"Zeke, has this Bill been amended?"

Giorgi

"Not that I know of. Oh, Amendment #1, I'm sorry. What does it do?"

McMaster

"I have an Amendment #1. I just wondered if it had been adopted or not."

Giorgi

"Right. Yes, it has."

Speaker McPike

"No, Amendment #1 is not adopted."

McMaster

"Zeke, then the Amendment has not been adopted."

Giorgi

"Okay."

Speaker McPike

"That is correct."

Giorgi

"I'd rather not take the time to adopt the Amendment today."

McMaster

"Alright. It's a rather long Amendment, and I was just concerned that it hadn't been explained. If it hasn't been 8 125th Legislative Day STATE OF ILLINOIS 83RD GENEBAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE adopted, then there's no problem."

Giorgi

"No problem. Let it go."

Speaker McPike

"Further questions? The Bepresentative Peterson." May 25, 1984 Gentleman from Lake,

Peterson

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

Speaker McPike

"Yes, he will."

Peterson

"Representative Giorgi, is it true that other governmental units such as school districts and municipalities can suspend the bidding requirements for an emergency without any limit on the amount?"

Giorgi

"I'm not familiar... I really an not familiar with... I would... I would guess this has happened previously, and that they must have some type of emergency powers. You can't... You can't go bidding when... when a section of a bridge falls off or a water line explodes."

Peterson

"Right. I understand that, and I'm pretty confident on this, the school districts, for one, do not have a maxioum amount. In other words, if there's an emergency, the roof falls in, the board can meet. They can go out an hire a contractor and do the work. So this is not something extraordinary. This is something, from what I gather, is already being done by other units of local government."

Giorgi

"I appreciate that."

Peterson

"To the Bill, Mr. Speaker."

Speaker McPike

"Proceed."

Peterson

"I think in this case regarding the... the Gentleman's Bill I think there's nothing out of ordinary, and I think we should vote 'aye' on this particular Bill. Thank you."

Speaker McPike

"Representative Cullerton."

Cullerton

"Yes, will the Sponsor yield?"

Speaker McPike

"Yes, he will."

Cullerton

"Is this the second largest sanitary district in the 9 STATE OF ILLINOIS 83RD GENEBAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day State of Illincis?"

Giorgi

"Under one of these Acts. yes, the second largest sanitary district in Illinois was created."

Cullerton

"Well, I think we should support this Bill. It's a big sanitary district."

Speaker McPike

"Bepresentative Giorgi to close."

Giorgi

"I urge the Assembly's support on this Bill."

Speaker McPike

"The Gentleman has moved for the passage of House Bill 2523. The question is, Shall House Bill 2523 pass? All those in favor signify by voting 'aye', opposed vate 'no'. Have all voted who wish? Have all voted who wish? Curran 'aye". The Clerk will take the record. On this Bill, there are 100 'ayes', & 'nos', none voting 'present'. House Bill 2523, having received the Constitutional Majority, is hereby declared passed. House Bill 3141, Representative Kirkland. Head the Fill, Mr. Clerk."

O'Brien

"House Bill 3141, a Bill for an Act to provide for the defeasance of local debt. Third Reading of the Bill."

Speaker McFike

"The Gentleman from Kane, Representative Kirkland."

Kirkland

"Thank you, MI. Speaker. Took me by surprise. This creates an Act authorizing gross and net defeasance of local debt. The original Bill included state debt, and we amended that out. The purpose of the Bill is to allow a local government to deposit in escrow funds necessary to pay off a bond, and the purpose is, in most cases, is to... where you have a bond outstanding with a high interest rate and you have an opportunity to borrow at a lower interest rate, you would borrow at the lower interest rate, deposit the funds in the escrow account to pay off the higher interest rate bond and, thereby, save your local unit of government SODE money. I'll be glad to answer any guestions." 10 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984

Speaker McPike

"The Gentleman moves for the passage of House Bill 3141. Is there any discussion? Being none, the question is, 'Shall House Bill 3141 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this Bill, there are 107 'ayes', no 'nays', 1 voting 'present', and House Bill 3141, having received a Constitutional Majority, is hereby declared passed. House Bill 3233, Representative Brookins. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 32..."

Speaker McPike

"Excuse me. That's page 12 of the Calendar."

O'Brien

"House Bill 3233, a Bill for an Act to amend Sections of the Illinois Highway Code. Third Reading of the Bill."

Speaker McPike

"Representative Brookins on the Bill."

Brookins

"Thank you, Mr. Speaker. This is a Bill that will enable the City of Chicago to do construction, not construction but repair of the roads of the side streets and into the community. So I ask for passage of this Bill."

Speaker McPike

"The Gentleman has moved for passage of House Bill 3233. On that, the Gentleman from Cook, Representative McGann."

McGann

"Thank you, Mr. Speaker. Would the Sponsor yield to a question?"

Speaker McPike

"Yes. Yes, he indicates he will."

McGann

"Representative, I understood we were going to put an Amendment on this Bill."

Brookins

"Yes, Andy, it was put on yesterday, and the Amendment was on.. Amendment was agreed upon."

McGann

"The Amendment is on the Bill?"

Brookins

"Yes." 11 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day

McGann

"Thank you." May 25, 1984

Speaker McPike

"The Gentleman from Marion, Representative Friedrich."

Friedrich

"Will the Sponsor yield?"

Speaker NcPike

"Yes."

Friedrich

"At the present time, I believe these funds are limited to so called arterial streets. Is that right? You can't spend motor fuel tax except on arterial streets. Is that right?"

Brookins

"We... We can spend it on arterial streets as original, and with this Bill, it will allow them to spend it on the side streets as well."

Friedrich

"Alright."

Brookins

"For the repair of the side streets."

Friedrich

"Is... Is this a may or a must? Is it mandatory that they spend 25% or is it permissive? I like the permissive idea, but I'm not sure I like the mandatory. That's what I'm saying. This mandates 25% be spent on residential streets?"

Brookins

"It is a may."

Friedrich

"Mandate. May. It's a may."

Brookins

"May. May spend."

Friedrich

"Thank you. I like that."

Speaker McPike

"The Gentleman from Cook, Representative Brookins, to close."

Brookins

"I ask for a favorable vcte on this Bill."

Speaker McPike

"Representative Brookins, did you wish to clarify again?"

Brookins

"Yes, let me clarify something. Mr. Freeman... (sic Friedrich), I'm sorry- It's a shall... shall spend, not a may, shall spend."

Speaker McPike

"Further discussion? There being none, the question is, *Shall House Fill 3233 pass?" All those in 12 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF BEPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 favor signify by voting 'aye, opposed vote 'nc". Have al1 voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 88 ayes', 14 nos', 3 voting 'present, House Bill 3233, having received a Constitutional Majority, is hereby declared passed. The Chair would like to call to the attention of the Members that since Rules met yesterday an addition of 41 Bills have come across from the Senate. Rules will meet again today at 12:00 noon. We would encourage you to pick up the Senate Bills and to file an exemption sc that the Bills can be beard in Rules today. There are 11 Eills on page 13 of the Calendar with no Sponsors. The same Order of Business appears House Bill 3255, Representative Braun, page 12 of the Calendar. Sead the Bill, Mr. Clerk."

O'Brien

"House Bill 3255, a Bill for an Act relating the allocation of Reading of the Bill." Speaker NcPike: to industrial development bonds. Third "The Lady from Cook, Representative Eraun."

Braun

"Thank you, Nr. Speaker, Ladies and Gentlemen of the House. House Bill 3255 is a first step toward developing a policy for the IDB caps in the State of Illinois, and 1 urge your support. Caps meaning lids on the issuance of industrial development bonds. I urge ycur support."

Speaker McPike

"The Gentleman from Macoo, Representative Dunn." "Explain the... Will the Sponsor yield?" Dunn, J.:

Braun

"Of course." Speaker McPike: #Yes." Dunn, J.: "Explain the nature of the limitation." Braun: process I of "Okay. The Congress is right DOW is the working toward a Conference Report, an agreed report, between the House and the Senate on House Bill, think, House Bill 4170 which is their version of the national cap on the issuance of IDBs. It changes a lot of different 13 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 things. In light of that, it makes sense for us to have some kind of state direction, at least, in terms of how... how these caps are going to be... how the various bond allocations will be allocated throughout the state. This Bill does not really set up a construct, or a structure or anything like that, because in the large part, the conferees haven't finished their business, but it's likely before June 30 that they will. And it will be, at that point, will be appropriate for us to put some guts into this Bill."

Speaker McPike

"Further discussion? There being none, the... Representative Braun to close."

Braun

"I urge your support for House Bill 3255."

Speaker McPike

"The Lady has moved for the passage of House Bill 3255. The question is, 'Shall House Bill 3255 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 92 'ayes', 12 'no's, 4 voting 'present'. House Bill 3255, having received a Constitutional Majority, is hereby declared passed. Under the Subject Matter - Professional Regulation appears House Bill 2566, page six of the Calendar. Representative Wojcik. Read the Bill, Mr. Clerk."

Speaker McFike

"Representative Wojcik."

O'Brien

"House Bill 2566, a Bill for an Act to amend the Illinois Plumbing License Law. Third Reading of the Bill."

Wojcik

"Yes, Mr. Speaker and Ladies and Gentlemen of the House, this is the infamous plumbing Bill that most of you in the House know about. We have had many conversations, and what it does, it amends the Illinois Plumbing License Law, exempts governmental units and their employees from the requirements that licensed plumbers be used when public owned or operated water main service lines and meters are 14 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 installed, repaired or maintained. It also exempts the operation and maintenance of a water or sewer plant facility owned or operated by a governmental units provides that any existing labor contracts or collective bargaining agreements shall continue to be given full force and effort. After much conversation on this Bill, Amendment #4 has become the Bill, and it allows for the water plant facilities, if they are using licensed plumbers, they can continue to do so. If not, they do not have to go out and hire licensed plumbers. I move for adoption of this Bill."

Speaker McPike

"The Lady moves for the passage of House Bill 2566. On that, the Gentleman from Cook, Representative Giglio."

Giglio

"Mr. Speaker, will the Lady yield... question?"

Speaker McPike

"Yes, she indicates she will."

Giglio

"Representative Wojcik, is this the... this the Bill that has the Amendment on that was agreed upon by the Contractors Association or not?"

Wojcik

"Yes."

Giglio

"This is the one... Where's 25... or 2665? Is that on Second Reading?"

Wojcik

"It has not been called up yet. It's on Third Reading."

Giglio

"Oh, okay. To the Bill, Mr. Speaker and Ladies and Gentlemen of the House. This Bill supposedly is agreed by the Contractors' and Plumbers' Association of the State of Illinois; however, as the Lady indicated, it does take in the the water districts and also the water plants. However, I'd still like to bring up the point that any of those people that in my judgment and in my mind that work with the installation or handle any... any water pipe that has anything to do with the distribution of the water system to any municipality, or district or people in the State of Illinois should be conducted with people that have 15 STATE OF ILLINOIS 83RD GENERAL ASSEMELY ECUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 a license. If we're going to have effective agencies and laws in this state, then I think they should be followed. If not, then there's no sense spinning cur wheels, coming down here, spending the people's time and money, making laws and then telling people that they can do anything they want. And I would urge a 'present' vote or a 'no' vote for this Bill; let these people know that if we're going to let them have anything let them have a license."

Speaker McPike

"The Gentleman from Cook, Representative Keane."

Keane

"Thank you, Mr. Speaker. I have a question of the Sponsor."

Speaker McPike

"She indicates she'll yield."

Keane

"With the Bill, would that mean that any... any governmental unit in the state could hire anyone off the street to do their plumbing work?"

Wojcik

"No."

Keane

"What does it mean?"

Wojcik

"What the Bill currently does is it freezes the Act as it stands now. It allows status quo in using licensed plumbers in water plant facilities, and if they do have licensed plumbers, they can continue to treat the water plant facilities."

Keane

"But what if they need new people. Let's say the licensed plumber quits. Do they have to hire a licensed plumber to fill in behind them?"

Wojcik

"No."

Keane

"And... And that applies to water distribution centers?"

Wojcik

"Water plants only."

Keane

"In other words, where the source of water to a city... the pumping stations and all of that?"

Wojcik

"Yes."

Keane

"Thank you. To the Bill. I would oppose..."

Speaker McPike

"Proceed." 16 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEEATE 125th Legislative Day May 25, 1984

Keane

"Thank you. I would oppose the Fill. We've had some serious problems where people that don't know what they're doing or are not gualified to handle plumbing have created real health problems in municipalities. We had an instance where a truck driver drove up and put cyanide gas into a wrong pipe simply because he was a truck driver and was not familiar with what pipe the cyanide should go into and gassed the life out of a number of people. If we have the health... the water system of a municipality or a unit of local government and it breaks down, we get people in there that don't know what they're doing and that... someone that might, God forbid, hook up the wrong pipes or provide those... that water system to become cortaminated, I think we'd be in... in very bad shape. We do have a system of licensing plumbers which says that they have certain competencies before we turn them loose and let them go on. I think there are other... plumber applications that are a lot less sensitive than this, and I would urge a 'no' vote on the basis of public health."

Speaker McPike

"The Gentleman... The Gentleman from Peoria, Representative Saltsman."

Saltsman

"Yes, thank you, Mr. Speaker. Will the Sponsor yield?"

Speaker McPike

"Indicates he (sic she) will."

Saltsman

"Representative... Wojcik, when Representative Keane asked you the question if they would be replaced if a licensed plumber had retired or had left the job he'd be replaced by a licensed plumber, what was your answer?"

Speaker NcPike

"Representative Wojcik."

Wojcik

"I answered 'no because it says, if act, they don't have to go out and hire a licensed plumber."

Saltsman

"üell, under the present law and the present Flumbing Code, they would have to hire a licensed plumber. Mr. Speaker, to the Bill. To the Eill, Mr. Speaker." 17 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day

Speaker McPike

"Proceed."

Saltsman

"Yes. On House Bill 2566, this is the same legislation that we had here last year that caused and created quite a problem. What this Bill does, and I do have Amendments on this Bill and we have amended, that we have came with an agreed solution to the problems in downstate Illinois and in Chicago. I think, if we'll check with everyone who's been involved with this, that this is agreed legislation. This is a Bill that was put together. There is an agreement on it, and there's nothing in this Bill that could hurt any trade. It grandfathers in the former labor laws, the labor negotiations and everything that has happened in the past. What this does is, it clears up a situation that we were misinformed on in the last Session of the General Assembly, and I do urge a 'yes' vote on this Bill because this is agreed between the Plumbers Union downstate, the Municipal Leagues and everyone. So I urge a 'yes' vote on this legislation."

Speaker McPike

"The Lady from DuPage, Representative Karpiel."

Karpiel

"Yes, thank you, Mr. Speaker. Will the Sponsor yield?"

Speaker McPike

"Yes, she indicates she will."

Karpiel

"Representative Wojcik, is Amendment 5 the Bill?"

Wojcik

"No, Amendment 4."

Karpiel

"Amendment 4. What happened to Amendment 5?"

Wojcik

"Re withdrew it."

Karpiel

"Withdrew it. Alright. Well, I don't have Amendment 4 around here. Oh, here it is. Okay. My understanding though is... is what you're saying is is that in the case of a municipality that has a public works department that maintains the water mains and the water... the plant and that type of thing that for that type of a situation you do not need to have a licensed plumber. Is that right?"

Wojcik

"Right." 18 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day

Karpiel

May 25, 1984 "But if that local government is going to hire someone to come in and fix the drains, or a toilet, or the sinks or anything of that nature, they would have to hire a licensed plumber."

Wojcik

"Yes."

Karpiel

"And that's what the Bill does."

Wojcik

"That's what the Bill does."

Karpiel

"To the Bill, Mr. Speaker. Last year..."

Speaker McPike

"Proceed."

Karpiel

"...this Bill or this situation was changed. It isn't like we're talking about some long standing situation here. Last year in a Conference Committee report, late in the Session, the Bill went through which said that municipalities have to hire licensed plumbers to maintain the water mains, and the pipes and et cetera. The Municipal League and the municipalities around the state naturally got very upset because a lot of small local municipalities have their own people that go cut and fix water mains when they break and whatever. If something happens in the middle of the night, they just call on their own public works department people and don't have to contact a licensed plumber, which, of course, saves the municipalities a great deal of time and money. Also keeps their people on staff and they don't have to fire a whole bunch of public works department people. I think this is a fair compromise to bring it back so that municipalities can have their own public works department working on their water mains, and I don't think we have to worry about health and safety. They've been doing that for all these years up until last year and didn't have a problem with health and safety, and still keeping in it that when they have to hire a plumber for real plumbing duties that they have to go out and hire a licensed plumber. I think it's a 19 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCHIPTION CEBATE 125th Legislative Day May 25, 1984 fair compromise, and I urge an *aye νοτε on this very important Bill for your local municipalities and your small towns and villages across this state."

Speaker McPike

"The Chair would remind everyone that we have a lot of work to do and there are still seven people seeking recognition. The Gentleman from Cock, Representative Piel: Fiel." "Thank you, Ar. Speaker, Ladies and Gentlemen of the House. I think, unfortunately, the first couple of speakers sort of threw red flags up on this Fill. If you understand the way that the municipal pumping stations work, here's a gentleman who is registering the water intake that's coming into the pumping station and is going out, and he is not working on the mains per se. Obviously, if he's got a crack, if he's got a main problem or one thing or another, he's bringing professionals in. This is what the Bill is pertaining to. The Bill is not pertaining to, you know, being a licensed plumber ΟΣ ODE thing CI ancther. Basically what he's doing, he's working out charts. He's reading dials and one thing or another, and so those people who have thrown red flags up are completely misinformed the Bill. And I would ask for a favorable Boll Call on on 2566."

Speaker McPike

"The Gentleman from Cook, Representative Shaw."

Shaw

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

Speaker McPike

"The Gentleman has moved the previous question. The question is, 'Shall the previous guestion he put?* A11 those in favor signify by saying 'aye', opposed 'no'.. The 'ayes have it. The Motion carries. The Lady from Cook, Kepresentative Wojcik, to close."

Wojcik

"Yes, Mr. Speaker and Members of the House, this Bill has been deliberated over for many, many hours. The Amendment is a compromise Amendment. In the addition, there is 20 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 nothing contained in the Public Act that was intended by the General Assembly, nor should it be construed, to permit persons other than licensed plumbers to perform the installation, repair, maintenance or replacement of plumbing fixtures such as toilet facilities, floor drains, showers and lavatories and the piping attended to those fixtures which such facility or in the construction of a new facility. Licensed plumbers will still be in effect. Licensed plumbers will not be disenfranchised. I do move for a favorable passage."

Speaker McPike

"The Lady moves for the passage of House Bill 2566. The question is, 'Shall House Bill 2566 pass?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 108 'ayes', 1 'no', 2 voting 'present', and House Bill 2566, having received a Constitutional Majority, is hereby declared passed. You know, the Chair would remind everybody that we have at least 50 Bills to get through today, and that Bill passed 108 to 1. House Bill 3203, Representative Countryman. Page 12 of the Calendar. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 3203, a Bill for an Act to amend Sections of the Illinois Horse Racing Act. Third Reading of the Bill."

Speaker McPike

"Gentleman from DeKalb, Representative Countryman."

Countryman

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a fairly simple Bill. It gives the Horse Racing Board the authority to employ hearing officers. It doesn't change the Act with regard to the authority of the Horse Racing Board to make the decisions. The hearing officers would merely report to the Board and the Board 21 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REFBESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 would make the decisions. It's my understanding at the present time the Board has seven members, some of whom are from downstate Illinois, that when they are compelled to meet to hold hearings on various issues like suspension of privileges and so forth, that they have to bring those people in from all over the state, and that they are paid a per diem for the meetings up to a limit of $4,800 a year. The use of hearing officers is a common practice in state government and one which we should give to the Horse Racing Board. And I would ask your favorable vote on this Bill. Be glad to answer any questions."

Speaker McPike

"The Gentleman moves for the passage of Rouse Bill 3203. The Gentleman from Cock, Representative Cullerton."

Cullerton

"Will the Sponsor yield?"

Speaker McPike

"Be indicates he will."

Cullerton

"Representative Countryman, you said there's seven hearing officers that we have right now?"

Countryman

"No, I said there's seven members of the Board."

Cullerton

"There's seven members of the Board. Okay. And these gentlemen get... or do they... are there any women that work, of those seven?"

Countryman

"I can't tell you that."

Cullerton

"Well, these seven gentlemen, they work for about $20 an hour for two or three days a month, and that would come up to about 214 working days a year. Now, you are telling us that that is not enough time to conduct hearings on license denials, revocations, and suspensions, is that right?"

Countryman

"I didn't say it wasn't enough time. I think this is a simpler, easier manner in which to handle these sorts of things. Many times, if you conduct a hearing, by bringing the parties together you get a resolution. Many times the 22 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 hearings are short and simple and they can be done without bringing people in from all across the state."

Cullerton

"Well, there's hearing conducted right now. They are conducted by the seven Board members who get up to $20 an hours, up to $150 a day..."

Countryman

"Up to a maximum of $4,800 a year."

Collerton

"Which means they can only sit for 32 days a year. But... So rather than raise that cap of $4,800 and let them work more days, you want to employ more hearing officers. I think, Mr. Speaker, this is a bad concept. It seems to me that it's just another attempt to expand sone patronage jobs for the Thompson administration. In Chicago we have eliminated patronage, stomped on its grave. In the State of Illinois, however, we are going to go out and hire some more patronage laden job holders for the Illinois Bacing Board. And I want you to know if you are going to vote for this Bill, you better go down to the... I think it's on the second floor. I haven't been there in a few years, but there's a guy named Mark Frectt and you got to give him your resume from somebody in your district and maybe at the end of the year they might decide to hire some of your friends from your district. But you better have a Republican sponsor for you when you go down there or you better have some... a Foll Call where you supported the Thompson administration. I think it's a very bad idea. The thing could be handled by simply expanding this $4,800 cap. It's Dot a simple Bill. It's not a merely Bill. It's just another patronage grab by the Thompson administration. I think we should vote 'no'."

Speaker McPike

"The Lady from Cook, Bepresentative Topinka."

Topinka

"Yes, ΜΕ Speaker, Ladies and Gentlemen of the House, you know, I appreciate what the previous Sponsor had to say because I realize he's an expert on patronage. and as a 23 STATE OF ILLINCIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 result, I can't imagine why he should cite this particular Bill which, at best, is harmless. It replicates things that are going on in State Government all the time, because we do need more inspectors. The racing industry bas been hurt by so many difficulties where revenues have gone down. We've got to resolve the problems that come up as quickly as possible so they don't drag out. Often times it's very difficult to get the members of the board to where they're supposed to get. This is a fair Bill. It's an easy Bill. It's also Mr. Countryman's, I believe, first Fill. It's a good Bill. So I don't see that we should have any difficulty with it. Thank you."

Speaker HCPike

"Representative Countryman to close."

Countryman

"Thank you, Mr. Speaker. I don't believe this is a patronage Bill. This... And actually, only allows the Racing Board to hire hearing officers on a contractual basis. There will be no patronage involved. The hearing officers will be familiar with the technical rules of evidence. It will simplify the hearing process. It's a cumbersome process when you have seven people sitting there all of whom disagree over slight matters of evidence. It'll expedite the time and effort on everybody's part, including the Racing Board. These are people giving of their time and service to the State of Illincis for some part-time salaries, and I think that Mr. Cullerton's remarks are really... don't address the issues in this Bill. It doesn't have any funding in it. It merely gives the authority to employ the officers, conduct the hearings. The final decision will rest ultimately and always with the Board, and I ask for your favorable vote. Thank you."

Speaker McPike

"The Gentleman has moved for the passage of House Bill 3203. The question is, 'Shall Bcuse Bill 3203 pass?' All those in favor signify by voting 'aye', opposed vote 24 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 "no". Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 49 'ayes', 53 'nos', 2 voting 'present'. House Bill 3203... Representative Countryman. Let it go? On this Bill, there are 49 'ayes', 53 'nos', 2 voting 'present', and House Bill 3203, having failed to receive a Constitutional Majority, is hereby declared lost. Under the subject matter of Labor and Business appears House Bill 2175, page five of the Calendar, Representative Pullen. Representative Vinson."

Vinson

"Thank you, Mr. Speaker, Ladies and Gentlemen..."

Speaker McPike

"Are you a Cosponsor?"

Vinson

"Yeah."

Speaker McPike

"Read the Bill, Mr. Clerk."

O'Brien

"House Bill 2175, a Bill for an Act to amend Sections of the Civil Administrative Code of Illinois. Third Reading of the Bill."

Speaker McPike

"The Gentleman from DeWitt, Representative Vinson."

Vinson

"Yes, Mr. Speaker, Ladies and Gentlemen of the House, I'd ask you to pass House Bill 2175 to send it over to the Senate in the event that we need a vehicle for any clean up changes in the enacting legislation for the expert council we created last year. Solicit a favorable vote."

Speaker McPike

"The Gentleman has moved for the passage of House Bill 2175. On that, the Gentleman from Macon, Dunn, J.: "Yes, Mr. Speaker, I'll need an explanation. Our row has neither the Bill nor the analysis. So tell us what this Bill does, Mr. Sponsor, please."

Vinson

"What the... What the Bill did, Representative, was to create a 25 member Economic Development Council..." Dunn, J.: "I can't hear. Speak up, please."

Vinson

"The Bill created a 25 member Economic Development 25 125th Legislative Day STATE OF ILLINOIS 83RD GENEBAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 Council under DCCA.. That was already done last year by, I think, legislation Representative Stuffle had. And the soul purpose for the Bill is to move it over for the Senate... to the Senate in the event that a... that clean up is necessary on last year's legislation." Dunn, J.: "This is not a new Commission, is it?"

Vinson

"It's one that we did last year. Executive."

Speaker McPike

"The Gentleman from Lake, Representative Matijevich."

Matijevich

"Well, Representative Vinson, as I see this I come to only two... two conclusions, either which may be wrong but you can tell me. One conclusion is that the Lieutenant Governor evidently must not have much to do, and you're trying to create something for hin to do, or two, the Department of Commerce and Community Affairs isn't doing its job of economic development. Now, both of those conclusions may be true, and I've heard from SODE people that the one on DCCA may be true with regards to economic development. You tell me which one of those two are true."

Vinson

"Representative, the background on the situation is that Representative Stuffle and Representative Fullen have an agreement that in the event we need to clean up last year's legislation in this area that this ought to be the vehicle to do it. They agree that the Bill won't be moved unless they both agree on the clean up legislation. Eut they want to move it over to the Senate so that it will te available in the event for a clean up vehicle. It's the only thing this is all about."

Matijevich

"On that condition, I'm going to vote for it."

Speaker McPike

"The Gentleman from Vermilion, Representative Stuffle."

Stuffle

"Mr. Speaker, Members, just to sustain what Representative Vinson said, we do have that agreement. We 26 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 have been talking to the people in ICCA, the people in this particular entity and the Lieutenant Governor, and I would ask an 'aye' vote too."

Speaker McPike

"The Gentleman from Dekitt to close, Representative Vinson."

Vinson

"I'd urge an 'aye' vote."

Speaker McPike

"The Gentleman has moved for the passage of House Bill 2175. The question is, "Shall House Bill 2175 pass?" All those in favor signify by voting "aye", opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Eill, there are 108 ayes", 1 'no', 2 voting 'present', and House Bill 2175, having received a Constitutional Majority, is hereby declared passed. House Bill 21... 2762, page nine of the Calendar, Representative Mautino. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 2762, a Bill for an Act implementing the Executive Orders. creating the Department of Employment Security. Third Reading of the Eill."

Speaker McPike

"The Gentleman from Bureau, Representative Mautino."

Mautino

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. 2762 is the legislation that was... that was amended last evening to put the conforming language into the posture for the Executive Order 11 provisions that have been sent forth to this House. The conforming legislation includes the changes from the Department of Labor to the Department of Employment Security. Authorizes the provisions as they pertain to registration, and they set the salary with Amendment #2 of the Director as a Cabinet level person. I'd be most happy to answer any questions you have on the legislation."

Speaker McPike

"The Gentleman has moved for the passage of House Bill 2762. Is there any discussion? There being none, the 27 STATE OF ILLINCIS 83RD GENERAL ASSEMELY HOUSE OF BEPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 question is, 'Shall House Bill 2762 pass?' All those in favor signify by voting aye, opposed vote 'no'. Have all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 110 ayes, nc 'nays', 1 voting present'. House Bill 2762, having received a Constitutional Majority, is hereby declared passed. Representative DeJaegher in the Chair."

DeJaegher

"Thank you, Ladies and Gentlemen. This will probably be the first and the last time that I'll have the opportunity of being here.. But it is a rather auspicious day for me, not only for myself, but for a, what you might say, a future constituent of mine. It gives me a great azount of pleasure to bring before you this person who has distinguished theirself statewide. Christine Erook, she is nine years of age. She did submit a poster pertaining to nutrition. There were 13,900 posters submitted. This young lady from the 1st to 3rd grade category was #1, and with that, may you all give her a fond welcome. Thank you."

Hautino

"The winner of the 7th and 8th grade level is a constituent of ours from Whiteside County, the City of Sterling and Challand Junior High School. To my right, I'm very proud to present to you Ms. Sue Ayn Kim from Sterling." Dunn, R.: "I'm pleased to introduce to this audience and to this Body the winner of the 6th grade contest, one of my constituents, a nice young lady from Ashley, Illinois, Donna Bammel'. Give her a nice hand."

Speaker McPike

"Continuing under the heading of Labor and Business appears House Bill 3091, page four of the Calendar, Representative Daniels. And who is going to... Representative Byder. Bead the Bill, Mr. Clerk."

O'Brien

"House Bill 3091, a Bill for an Act concerning 28 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day May 25, 1984 business assistance, amending certain Acts therein nawed. Third Reading of the Bill."

Speaker McPike

"The Gentleman from Morgan, Representative Ryder."

Ryder

"Mr. Speaker, I would ask leave to add as hyphenated Cosponsors the Gentleman... Representatives sho Were on Amendment #3, which would be Representatives Hicks, Slape and Representative Madigan."

Speaker McPike

"The Gentleman asks leave to add Representative Hicks, Representative Slape and Representative Madigan as hyphenated Cosponsors. The Gentleman have leave? Leave is granted. Representative Ryder."

Ryder

"Thank you, Mr. Speaker. Yesterday we had an opportunity to discuss some of the recommendations made by the Illincis Conference on Small Business. Be indicated that those recommendations came from the 400 people that attended that Conference, many of which were represented or selected by their Representatives here. The Arenduent 3, which passed yesterday, dealt with procurement, prompt pay, government regulation and paper work. The remaining portions of the Bill, which have not been discussed, concern the Business Assistant Office and the fact that there is very little if any fiscal impact on this. In fact, the fiscal note's been passed indicating no cost. There is an SEA grant. I'd be glad to answer any questions, and I'd urge an aye vote."

Speaker McPike

"The Gentleman has moved for the passage of House Bill 3091. Is there any discussion? Being none, the question is, 'Shall House Bill 3091 Fass?" All those in favor signify by voting aye, opposed vote 'nc'. Have all voted? The Gentleman from Cook... Bave all voted? Have all voted who wish? The Clerk will take the record. On this Bill, there are 107 'ayes', 1 'nay', none voting 'present'. House Bill 3091, having received a 29 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 Constitutional Majority, is hereby declared passed. Under the subject matter of the Environment appears House Bill 2040, page 14 of the Calendar, Bepresentative Younge. Read the Bill, Mr. Clerk."

O'Brien

"House Bill 2040, a Bill for an Act to amend Sections of the Environmental Frotection Act. Third Reading of the Bill."

Speaker McPike

"The Lady from St. Clair, Befresentative Younge."

Younge

"Thank you. Mr. Speaker and Members of the House. House Bill 2040, as... as amended, and Amendment #8 is the entire Bill proposes to change the law in reference to siting new regional pollution control facilities in counties having a population of less than 300,000 inhabitants to read that the EPA will not be able to approve an application for a landfill unless the applicant has sulmitted proof to the Agency that the proposed facility is nct to be located within the boundaries of a municipality, a substantial part of which is within the 100 year flood plain as determined by the Illincis Department of ITransportation using the best available data. The facts in reference to my situation are that Waste Management, a совралу that has been cited constantly for violations of landfill procedures in Chicago, and Antioch and cther places, proposes to put a 120 foot... feet high pile of garbage right next to a densely populated residential area in East St. Louis. In the area where the landfill is to be put, there is... there are inadequate sewers. The land itself is a filled lake and is a part of... the beautiful Frank Bolten State Park lake system. Abutting the proposed site for the landfill are about 15 homes which are valued at between 50 and 150,000 dollars and have been built by retirees, teachers and other professional people. At the proposed site, after a rain, there is water standing, and the ground water table 30 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 is very high adding to the possibility of... contamination of the underground water and the water on top of the land. The Waste Management Corporation has been heavily fined by EPA and was run out of the City cf Chicago and other places, and now it attempts to come to East St. Louis to build this landfill. The proposed site is right in the center of town, and there would be a noise or traffic from the trucks coming and going on a 24 hour basis, and it would greatly deteriorate the value of the properties surrounding the proposed site. The criteria for siting landfills now say that tha the facility is to be located outside of the boundaries of a 100 year flood plain, as determined by the Illinois Department of Transportation. I have contacted the Illinois Department cf Transportation, and they have indicated that the proposed site for this landfill is not in the 100 year flood plain, but the 100 year flood plain is around it. And so therefore, the basis of my Amendment would... would make it impossible to locate a landfill in any municipality in any county that is 300,000 or lower in which a substantial Fart of the municipality is located in the 100 year flood plain, and I ask for your assistance in reference to this very important matter to my district."

Speaker Greiman

"Representative Greiman in the Chair. The Lady from St. Clair has moved for the passage of House Bill 2040, and on that, is there any discussion? The Gentleman from St. Clair, Br. Flinn."

Flinn

"Well, thank you, Mr. Speaker. Here's a Bill that I don't offer to move out of town on. I'm going to stay on this one. This happens to be in my district. I'm going to vote for the Bill, and I would ask all of you to vote for the Bill. What's happened here is what... what Representative Younge has told you that uninvited a Waste Management 31 STATE OF ILIINCIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day May 25, 1984 Company has come down and decided to put a dump, a waste dump, right in the middle cf a residential area. Even though the area itself is nct on the flood plain, the majority of the City is. So we use this method of trying to avoid having this dump put in an area that's the nicest area of the City, and there's all kinds of complaints from citizens there. We suspect there wight... might have been a little bit of hanky-panky as to who asked them to come in town. We certainly didn't have any hearings, public hearings. The people themselves didn't know about it until they read it in the paper, so I would ask your support of House Bill 2040."

Speaker Greiman

"Further discussion? The Lady from Marshall, Ms. Koehler."

Koehler

"Thank you, MI... Mr. Speaker and ladies and Gentlemen of the House. First I have an inguiry of the Chair, and then I have a question of the Sponsor. When Representative McFike was in the Chair, he mentioned se were now going to s Special Order of Business - Environment. Now is that correct? Are we on a Special Order of Eusiness now? And if we are, I would like to know what Bills are on that."

Speaker Greiman

"Well, it's a Special Call, Bs. Koehler, not a... by subject matter, rather than a Special Order of Business. There is a little difference where there are a number of Bills. One of them is 3178, if that's what your concern is about.”

Koehler

"On that Special Call?"

Speaker Greiman

"γες."

Koehler

"Well, are we on... do we have any idea what Bills are going to be on the Special Call?"

Speaker Greiman

"AS. Koehler, there are some 15 Eills or so ch this Special Call, perhaps more. I haven't counted them."

Koehler

"Okay. Well, most of the environmental Bills are on 32 STATE OF ILLINOIS 83RD GE SENERA AL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 that Special Call, and we will hear ther at this time?"

Speaker Greiman

"Well, we'll hear them as we go throughout the day." "Okay." Koehler:

Speaker Greiman

"Re... The Chair has the right to nove back and forth and off of these, and we will dc it. We're going to try to get everybody and opportunity if we can get back to the business. Ckay?"

Koehler

"Thank you."

Speaker Greiman

"The Gentleman..."

Koehler

"Now I have a question of the Sponsor, please."

Speaker Greiman

"Ch, proceed, Ma'am."

Koehler

"Will the Sponsor please yield?"

Speaker Greiman

"Indicates he (sic she) will."

Koehler

"Representative Younge, I would like to ask you about this legislation. I believe that this is the second time that we have heard it on the floor, as well as we have heard this in the... in Committee, and it has had an entire series of Amendments on this legislation. Eut the latest one that you put on talked about municipalities that have a substantial part within a 100 year flood plain. Can you give me a definition as to what is a substantial part?"

Speaker Greiman

"Ms. Younge." A

Younge

"Yes. feeling of the Department of Transportation. substantial part would be most within the A substantial part would be most of it would be within the 100 year flood plain."

Koehler

"Well, then how would... how would one... How would you define most?"

Younge

"Most would be 51% ΟΓ more. A substantial part is descriptive, Representative. You'll remember in the Committee the Bill, as presented in the Committee, only said that if any part was in a 100 year flood plain, and 33 125th Legislative Day STATE OF ILLINCIS 83RD GENERAL ASSEMBLY HOOSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 the recommendation was that we change the language to make it a substantial part. It is a descriptive... a description, but it is very clear that most of the city is within the 100 year flood plain then that would be sufficient. A 100 year floor plain, you know, is an area that floods, and sometimes there is excessive flooding. And the land tends to be very marshy and dangerous so far as the possibility of seepage; and, therefore, the reguest is that any city that is substantially covered by the 100 year flood plain the landfill cannot ke put."

Koehler

"Well, how many cities would that affect throughout the state?"

Younge

"It would take care of one. It would take care of East St. Louis. I don't know the numbers that..."

Koehler

"And you don't know if it would affect other cities in the state?"

Younge

"It would not affect any city that was located in a county of less than 300,000 people. I don't believe that there would be very many other cities that would... it would affect."

Koehler

"Well, I wanted to mention to you also that the county has jurisdiction over whether cr not... they have the ability to determine whether or nct a landfill can be located within the county Loundaries, and then municipalities also have that ability under legislation that was enacted two... two or three years ago. So I... I would actually believe that this legislation is unnecessary, and I think that it is fraught with difficulties when one tries to defire and go about talking about substantial portions. And I would object to the legislation and regretfully must oppose your Bill."

Speaker Greiman

"The Gentleman from Madison, Majcrity Leader McPike. No? Alright. Further discussion? There being 34 STATE TE OF IIIINCIS 8.3RD GENERAL ASSEMBLY HOUS SE OF REPE PRESENTATIVES TRANSCRIPTION CEBATE May 25, 1984 125th Legislative Day none, Mrs. Younge to close."

Younge

"The situation involving this Bill is that most of the area around the proposed site is within the 100 year floor plain, but the particular site is act; and, therefore, the Bill has been structured to handle this situation. And I ask for your support in this very vital matter to my district."

Speaker Greiman

"The question is, 'Shall this Bill pass?" All those in favor signify by vating aye, those opposed vote 'no'. Voting is now open. The Gentleman from DeWitt, ME. Vinson."

Vinson

"Yes, Br. Speaker, I'd urge a 'nc vcte on this Bill. It's a particularly bad Fill because the... What it does, it doesn't refer to where the landfill is, but to where the city is, and it's the landfill we ought to be talking about and not the city."

Speaker Greiman

"The Gentleman from Bureau, Mr. Mautino, to explain his vote. One minute."

Hautino

"Thank you, 工。 Speaker. I recommend to my downstate friends on both sides of the aisle that this is a good piece of legislation. It should pass. We took our Subcommittee down there, and, basically, that landfill site is right in a residential area. She's exactly correct in her provisions. It is a good Bill, and please don't back off of this because you think that the the City of Fast St. Louis does not deserve consideration as it pertains to their own site selection. It is a good Bill. It will solve that problem where a landfill is in a residential area and should not be there."

Speaker Greiman

"Have all voted? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Cn this Bill, there are 79 voting 'aye, 24 vcting EO, 4 voting *present. This Bill, having received a Constitutional 35 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEΕΑΤΕ 125th Legislative Day May 25, 1984 Majority, is hereby declared passed. On Special Call, Subject Matter - Environment, appears House Bill 30... 3036. Mr. Clerk, read the Fill."

O'Brien

"House Bill 3036, a Bill for an Act to amend Sections of the Environmental Protection Act. Third Reading of the Bill."

Speaker Greiman

"The Lady from LaSalle, Ms. Preslin."

Breslin

"Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill deals with the enforcement of the Environmental Protection Act. As you know, the state's attorney and the Attorney General of this state have the responsibility to bring actions under the Environmental Protection Act. In cases where he or she shall prevail. This Bill would provide that the Follution Control Foard or the Court of Competent Jurisdiction, which has decided the case, may at its discretion award costs and reasonable attorneys fees to the state's attorney and the Attorney General. Costs could include the reasonable cost of expert witnesses and consultants. It should be noted that these funds collected under this new Subsection by the Attorney General would go into the Hazardous Waste Fund, and those collected by the state's attorney would go back to the county to reimburse it for its expenses. I would be happy to answer any questions."

Speaker Greiman

"The Gentleman (sic Lady) from LaSalle has moved for the passage of House Fill 3036, and on that, is there any discussion? The Gentleman from Madison, Majority Leader McPike."

McPike

"Would the lady yield?"

Speaker Greiman

"Indicates that she'll yield for question."

McPike

"Yeah, just briefly, yesterday you changed the... the Bill to allow for the fee to te recovered by the local state's attorney. Who pays the local state's attorney's 36 STATE OF ILLINGIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day salary?" May 25, 1984

Breslin

"The State of Illinois pays tuc-thirds, and the county pays one-third."

McPike

"I understand that the Fill e passed the other day mandated that the county pay the one-third and the state pay the two-thirds."

Breslin

"Ferhaps."

McPike

"So that this... The money they recover then two-thirds of it would come to the state and one-third to the county?"

Breslin

"No. No. No. Under..."

McPike

"Thank you."

Breslin

"Under this provision..."

McPike

"Thank you."

Breslin

"...the money that is recovered by the state's attorney goes to the county. All of it goes to the county, remembering, cf course, that the major expense is not the attorney's fees to the county. And what the court would be considering would be the cost, especially the extreme costs, of witnesses and consultants."

Speaker Greiman

"Further discussion? The Gentleman from DeWitt, Mr. Vinson."

Vinson

"Would the Lady yield for a question?"

Speaker Greiman

"Indicates she will."

Vinson

"Representative, why can't we award fees where the Attorney General or the state's attorney are frivolously litigating against these companies tc the... to the companies?"

Breslin

"In my opinion, Representative Vinson, that can be done already."

Vinson

"Bow?"

Breslin

"As a matter of fact, in my opinion, the Follution Control Board and the courts have been retiss in not allowing that... the awarding of reasonable attorneys' fees 37 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 and costs in any cases and especially under the Environmental Protection Act. Ecuever, the Follution Control Board has been asked to do this in previous cases and has said, 'We do not have explicit authority to do so; and, therefore, we will not.31

Vinson

"Well, then to the Bill, Mr. Speaker, Members of the House. I'd strongly oppose the Bill just based on what the Lady said already. What she... What the Bill would do is award fees to the state's attorney, and she has admitted that there's a serious problem in the... in private attorneys not being able to recover fees. And the Bill doesn't address that at all. So I sculd strongly urge a no vote on this, because it's not equitable. It gives a great benefit to the public side tut NG benefit to the private side, and the public side's already funded by taxpayers. There's plenty of funds available on the public side to pursue litigation. On the private side, what we're doing is driving business right to the wall, and we refuse to grant any kind of recovery to the private side when the public side is conducting itself in an appropriate fashion. It's not an equitable situation at all, so I would urge a "no" vote on the Bill."

Speaker Greiman

"Further discussion? The Gentleman from Macon, Mr. Dunn. The Lady from Marshall, Ms. Koehler."

Koehler

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. While I would be more pleased with this legislation if it did take care of Representative Vinson's concern, which he expressed very eloquently, I dc stand in support of this legislation because of the Amendment that Representative Breslin added yesterday in which it does allow local state's attorneys to collect fees and costs, it... particularly in light of legislation that was enacted last year that allows the IEEA to enter into agreements 38 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 with local county boards or local departments of public health within the counties. In Tazwell County, the... they are working out with the IEFA an agreement whereby the County Department of Public Health can assure some... or the IEPA can delegate some of their responsibilities for inspection and for prosecution to the local county Department of Health and the local state's attorney. But one of the impediments to this agreement has been the cost to the local state's attorney, and if fees could be... or if he could be awarded some of his costs that he incurs in the prosecution of these cases, well, then, it would alleviate that particular problem for the local state's attorneys and would help them to implement some of these local enforcement cases. So I do stand in support of the Lady's legislation. Thank you."

Speaker Greiman

"There being no further discussion, the Lady from LaSalle to close."

Breslin

"Thank you, Mr. Speaker, ladies and Gentlemen of the House. The public of the State of Illinois wants its environment protected; however, practically speaking, the prosecutions under the Environmental Protection Act are extremely costly. The... especially the cost of expert witnesses and consultants can run the bill to a local county or to the State of Illinois into the millions of dollars under these cases. Where it is appropriate, this Bill only allows the court or the Pollution Control Board to award cost. They, of course, take into consideration the nature of the case, the willfulness of the polluter. Those people who wish to protect the environment and do the will of the people of the State of Illinois should vote in favor of this Bill. Those people who wish to do the will of the polluters, those who would rip-off our environment and thus our people, should vote "no". I urge an "aye" 39 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION LEBATE May 25, 1984 125th Legislative Day vote."

Speaker Greiman

"The question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 80 voting 'aye', 25 voting 'no', 1 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Special Call - Environment appears House Bill 3037. Mr. Clerk, read the Bill."

O'Brien

"House Bill 3037, a Bill for an Act to amend Sections of the Illinois Hazardous Material Railroad Transportation Act. Third Reading of the Bill."

Speaker Greiman

"The Gentleman from Cook, Mr. Keane."

Keane

"Thank you, Mr. Speaker. Yesterday we amended... I tabled Amendment #1 to the House Bill 3037. That leaves the Bill in the following posture. The Bill amends the Hazardous Waste Railroad Transportation Act and provides that, quote, "Properties which relate to the transportation or shipment by rail is defined to include all portions of the facility which handles the shipment of the hazardous materials transported or shipped by rail.' We added Amendment #2 to simply clarify that... the areas that can be entered. It excludes parts of the plants that are not subject to any hazardous material. It was an industry requested Amendment, and we amended... that fashion. I'd be happy to answer any questions and ask for a favorable Roll Call."

Speaker Greiman

"The Gentleman from Cook has moved for the passage of House Bill 3037. On that, is there any discussion? There being none, the question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 40 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 109 voting 'aye', none voting 'no', none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears House Bill 3038. Mr. Clerk, read the Bill."

O'Brien

"House Bill 3038, a Bill for an Act creating the Illinois Health and Hazardous Substance Registry Act. Third Reading of the Bill."

Speaker Greiman

"The Lady from Cook, Ms. Barnes."

Barnes

"Mr. Speaker, ladies and Gentlemen of the House, House Bill 3038 creates the Illinois Health and Hazardous Substance Registry Act and the Illinois Cancer Registry Act, and the purpose of the legislation is to create a single data basis in order to interrelate environmental and public health data. And the Illinois Cancer Council reports that Illinois has lost a considerable amount of federal research dollars since the state does lack a cancer reporting mechanism, and what they want to do is they really want to find out what causes all the cancer and hazardous related problems so that, maybe, they can come up with some answers. And as you know, this is part of the hazardous waste task package, and I would ask for a favorable Roll Call."

Speaker Greiman

"The lady from Cook has moved for the passage of House Bill 3038, and on that, is there any discussion? There being none, the question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 108 voting 'aye', 1 voting 'no', none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears House Bill 3039. 41 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day Mr. Clerk, read the Bill."

O'Brien

"House Bill 3039, a Eill for an Act to amend Sections of the Illinois Environmental Facilities Financing Act. Third Reading of the Fill."

Speaker Greiman

"The Lady from LaSalle, Ms. Freslin."

Breslin

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. In 1972, the Illinois General Assembly created the Illinois Environmental Finances... Facilities Financing Act. We determined at that time that the environmental damage seriously endangers the public bealth and welfare. We also decided that it is desirable to provide additional and alternative methods of financing the cost of the acquisition and installation of the devices, and equipment and the facilities that are needed to protect our environment. That was the reason for the creation of this Facilities Financing Act; however, we have found that of the 142,000,000 dollars in environmental facility bonds issued by the... Illinois Development Finance Authority for solid and hazardous waste projects essentially all of the funds supported companies committed to land disposal. Almost 100,000,000 in bonds were issued on behalf of cne company, Waste Management, while 19.5 million was made available to Browning - Ferris and 15,000,000 to Congress Development. Clearly these subsidies need to be refocused. The purpose of this legislation is to indicate that it is the intent of the General Assembly that the Authority shall give special consideration to project which involve a reduction in the volume of hazardous waste products generated or the recycling, reuse, reclamation or treatment of hazardous waste. The Eill, therefore, makes it... prohibits the use of this bonding authority for land disposal. It careful... It is carefully drawn to still allow, however, the... the use of this bonding authority 42 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 for methane gas recovery systems, et cetera. I ask for a favorable Roll Call."

Speaker Greiman

"The Lady from LaSalle has moved for the passage of house Bill 3039, and on that, is there any discussion? The Gentleman from Cook, Mr. Levererz."

Leverenz

"The Sponsor yield?"

Speaker Greiman

"Indicates she will."

Leverenz

"A quick one. You said methane recovery systems could not be built?"

Breslin

"No. No. I said it is carefully drawn to still allow methane recovery systems under this Act, under this Financing Authority."

Leverenz

"Because that souck through on House Bill 2534 calling methane recovery systems now a pollution control device which Dever has been in the past, and Getty will be building a few of those around the state. Thank you."

Speaker Greiman

"Yes, further discussion? The Gentleman from Dewitt, Mr. Vinson."

Vinson

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in strong oppositior to this Bill. Philosophically, this is just not the right way to be going in this field. Now, what you want to try to do is to have the best disposal of these wastes possible. Of course, they're terrible wastes. They're... They're evil things. They're not nice things, but they are things that we create in the course of having a civilized scciety. You cannot create the kinds of products that we use every day in cur life without... as a by-product generating a few o.f these evil, evil hazardous wastes. It's just a scientific fact that they're going to occur. You have to find a Way to dispose of them. Now, it would seem to me that if you want to do that, you ought to try to find a safe way to dispose of them, and you don't find a safe way to dispose of them 43 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 by doing every bad thing you can to the companies that deal with the disposal of them. I would rather be in the position of trying to assist those countries... those companies to safely dispose of them. We're not deny the financing necessary to provide safe disposal sites. That's... That's an approach that's just about like hitting computers because you don't like the fact that they occasionally make mistakes. It's not a... It's not a way to come to grips with the modern world. It's just a... It's sticking your head in the technological sand. I'd urge a 'no' vote on this. This is just a terrible Bill."

Speaker Greiman

"The Gentleman from Cook, Mr. Bowman."

Bowman

"Thank you, Mr. Speaker. In response to the last Speaker, I would say that a measure of a civilized society is its commitment to concepts such as justice, and truth, and beauty and the environment and not production of highly toxic and poisonous chemical substances. I think this is a good Bill, and I urge an 'aye' vote."

Speaker Greiman

"Further discussion? There being none, the Lady from LaSalle to close, Ms. Breslin."

Breslin

"Thank you, Mr. Speaker and Ladies and Gentlemen. It has been the declared policy of this state to phase out landfilling wherever possible. It is the intent of this Bill to prohibit the Authority from making tax exempt low interest financing available to projects involving hazardous waste landfills. To continue the policy of giving low interest tax exempt financing to landfills when at the same time we are phasing out landfilling is absolutely ridiculous. If you think that waste management ought to continue landfilling, and if you think they need a 100,000,000 dollars from the State of Illinois as help, then you should vote against this Bill. But if you think we ought to be phasing out landfilling, we ought to be 44 STATE OF ILLINOIS 63RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 encouraging alternatives to landfilling, recycling, reclamation, et cetera, you ought to vote for this Bill. Thank you."

Speaker Greiman

"The question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk... Yes, for what purpose do you seek recognition, Mr. Vinson."

Vinson

"In the event that this gets the requisite number of votes, I'd like to request a verification."

Speaker Greiman

"Oh, yes, I would have recognized you. Have all voted who wish? Have all voted who wish? Clerk, take the record. Yes, the Lady from LaSalle."

Breslin

"Sould you poll the absentees, please, Mr. Speaker?"

Speaker Greiman

"Mr. Clerk, poll the absentees."

O'Brien

"Poll of the Absentees. Bullock. Domico. Harris. Kıska. McAuliffe. Rice. Taylor. White. And Zwick."

Speaker Greiman

"Mr. Van Duyne goes from 'present' to 'aye'. On this Bill, there are 60 voting 'aye', 41 voting 'no', 9 voting 'present', and the Gentleman from DeWitt, Mr. Vinson, requests a verification. Yes, Mr. Fiel, for what purpose do you seek recognition?"

Piel

"I'm going to take the verification."

Speaker Greiman

"Alright. Well, we'll let the Clerk poll the Affirmative Roll first. Mr. Clerk. Yes, Mr. Levin."

Levin

"Could I have leave to be verified?"

Speaker Greiman

"Mr. Levin asks leave to be verified. You may be. Mr. Panayotovich and Mr. Keane. Alright. We'll do it slowly. Mr. Panayotovich, Mr. Keane, Mr. O'Connell, Mr. Shaw. They all ask leave to be verified. They have leave. Mr. Capparelli asks leave to be verified, and he has leave. Mr. Clerk, proceed." 45 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984

O'Brien

"Alexander. Barnes. Perrios. Bowman. Braun. Breslin. Brookins. Brunsvcld. Capparelli. Christensen. Cullerton. Curran.. Currie. DeJaegher. DiPrima. Doyle. John Dunn. Farley. Virginia Frederick. Giglio. Giorgi. Greiman. Hannig. Homer. Huff. Jaffe. Johnson. Keane.. Kirkland.. Kulas. Laurinc. LeFlore. Levin. Markette. Marzuki. Matijevich."

Speaker Greiman

"Excuse me, Mr. Clerk. Mr. Prookins asks leave to be verified. Mr. Brookins, you have leave."

O'Brien

"Hautino. McGann. McPike. Mulcahey. Nash. O'Connell. Clson. Fanayotovich. Fangle. Preston. Rea. Rhem. Ronan. Saltsman. Satterthwaite. Shaw.. Steczo. Terzich. Turner. Van Duyne. Vitek. Wclf. Younge. Mr. Speaker."

Speaker Greiman

"Mr. Piel, questions of the Affirmative Boll Call."

Piel

"A couple, Mr. Speaker. Representative Christensen."

Speaker Greiman

"The Gentleman is at the rear of the chamber."

Piel

"Representative DiPrima."

Speaker Greiman

"Mr. Diprima is here at the well."

Piel

"Representative Farley."

Speaker Greiman

"Mr. Farley... Mr. Farley in the chamber? Yes, Mr. Farley's in his seat."

Piel

"Representative Giorgi."

Speaker Greiman

"Mr. Giorgi. Mr. Giorgi is right here at the door."

Piel

"Representative Alexander."

Speaker Greiman

"Ms. Alexander. Representative Alexander in the chamber? How is the lady recorded."

O'Brien

"The Lady's recorded as voting 'aye..'"

Speaker Greiman

"Remove her from the Boll."

Piel

"Representative Iaurino."

Speaker Greiman

"Mr. Laurinc is in the aisle." 46 STATE OF ILLI LINOIS 83RD GENERAL ASSE SSEMBLY HOUSE OF REPRESEN ENTATIVES TRAN ANSCRIPTION IN CEBATE 125th Legislative Day May 25, 1984

Piel

"Sepresentative McGann."

Speaker Greiman

"Mr. McGann is in his seat."

Piel

"Representative Mulcabey."

Speaker Greiman

"Mr. Mulcahey is in his seat."

Piel

"Representative C Connell."

Speaker Greiman

"Mr. O'Connell, he had leave to be verified. Yes, Mr. Brummer."

Brummer

"Mr. Speaker, how am I recorded?"

Speaker Greiman

"Mr. Erummer recorded "nc".."

Brummer

"Elease record me aye."

Speaker Greiman

"Change Brummer from 'nc' to 'aye'. Mr. Hicks.

Hicks

"Mr. Speaker, how am I recorded?"

Speaker Greiman

"Mr. Hicks, you're recorded 'nc'."

Hicks

"Flease change me to 'yes', please."

Speaker Greiman

"Mr. Ricks goes from 'nc' to 'yes', and MIS. Alexander has returned to the chamber. Add her to the Piel: Foll. You've been verified now." "Representative Freston."

Speaker Greiman

"Mr. Preston. Mr. Preston in the chamber? Bow is Mr. Preston recorded?"

O'Brien

"The Gentleman's recorded as voting 'aye'."

Speaker Greiman

"Беmоvе Mr. Preston. MI. Nash. MI Nash requests leave to be verified. Mr. Nash, you have leave."

Piel

"Representative Doyle. Speaker Greiman: #扫工 Doyle. Mr. Doyle in the chamber? Bow is Mr. Coyle recorded?"

O'Brien

"The Gentleman's recorded as voting 'aye'."

Speaker Greiman

"Bemove Mr. Doyle from the chamber... from the Roll Call. Re's already removed from the chamber. him from the Boll Call."

Piel

"Kepresentative Fonan."

Speaker Greiman

"ar. Eonan is at his seat."

Piel

"Representative Wolf." Remove 47 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Speaker Greiman

"Mr. Wolf is in his seat."

Piel

"No further questions."

Speaker Greiman

"On this Bill, there are 60 voting 'aye', 39 voting 'no'..."

Piel

"Mr. Speaker, Ms. Barnes is trying to get your attention."

Speaker Greiman

"...8... 8... Yes, Ms. Farnes, for what purpose do you seek recognition?"

Barnes

"How am I recorded?"

Speaker Greiman

"Ms. Barnes, you were recorded as voting 'aye'."

Barnes

"Please change my vote to 'no'."

Speaker Greiman

"Ms. Barnes goes from... Ms. Barnes goes from 'aye' to 'no'. Mr. Slape. Mr. Slape."

Slape

"I yield to Representative Eullock."

Speaker Greiman

"Mr. Slape goes from 'present' to 'aye'. Mr. Bullock. Mr. Bullock votes 'aye'. Mr. Kirkland. Mr. Kirkland goes from 'aye' to 'no'. Mr. Clerk. Mr. Olson. Mr. Olson goes from 'aye' to 'no'. And Mr. Doyle has returned to the chamber. Return Mr. Doyle to the Roll Call. On this Bill, there are 60 voting 'aye', 42 'nos', 7 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Order... Special Call - Environment appears House Bill 3040. Mr. Clerk, read the Bill."

O'Brien

"House Bill 3040, a Bill for an Act to amend Sections of the Environmental Protection Act, Third Reading of the Bill."

Speaker Greiman

"The lady from Cook, Ms. Earnes."

Barnes

"Mr. Speaker, ladies and Gentlemen of the House, House Bill 3040 proposes generic permits, and the reason for proposing generic permits that cover several situations is to save cost to the generators, transporters and disposable facility operators. The current law requires that the transportation and disposal facility must have a separate 48 125th Legislative Day supplemental STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 permit for each waste stream from each generator no matter how small the amount. This is good for small business, and it's a cost saving measure. I would ask for a favorable Roll Call."

Speaker Greiman

"Ms. Barnes, have you completed... concluded your remarks? Okay. The Lady from Cook moves for the passage of House Bill 3040, and on that, is there any discussion? There being none, the question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 105 voting 'aye', none voting 'no', 3 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears House Bill 3041. Mr. Clerk, read the Bill."

Leone

"House Bill 3041, a Bill for an Act to create the Hazardous Waste Technology Exchange Service Act. Third Reading of the Bill."

Speaker Greiman

"The Gentleman from Cook, Mr. Keane."

Keane

"Thank you, Mr. Speaker. House Bill 3041 requires the Department of Energy and Natural Resources to create a Hazardous Waste Technology Exchange Service Program. The services would be to conduct educational programs to reduce hazardous waste, provide technical resource service for industry, assist and consult with industry on technological changes, provide research in relevant areas and submit a biennial report to the General Assembly. The Bill creates an Industrial Advisory Committee to advise the Department on the establishment of the Exchange, provides for the board to be composed of representatives of industry which generate and manage hazardous wastes. Copies are available 49 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF BEFRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 in Energy and Natural Resources current tudget reguest ta fund the program. We had an Arenduent on there, and it transferred the responsibility from the U of I to the Department of Energy and Natural Resources. Ask for a favorable Roll Call. I'd be happy to answer any questions."

Speaker Greiman

"The Gentleman from Cock has moved for the passage cf House Bill 3041, and on that, is there any discussion? The Lady from Marshall, Mrs. Koehler."

Koehler

"Thank you, Mr. Speaker and ladies and Gentlemen of the House. Would the Sponsor please yield?"

Speaker Greiman

"Indicates he'll yield for a guestion."

Koehler

"Representative Keane, I certainly appreciate the idea of having a Hazardous Waste Technology Exchange Frogram, but it is my understanding that the State Chamber of Commerce and the Argonne National Laboratory provide this service. Perhaps you could explain to us why this is also needed."

Keane

"I... I am not aware of the... them providing the service. When we held our hearings, they did not have this data. They didn't have the informatico. Ke found out that there's a lot of ignorance cut there on the am amount cf hazardous waste that WE have in the state. If they are providing a technical... If those agencies that you mentioned are providing technical research services for industry, many of the people in industry are unaware of them. I think that it's a state responsibility, and for that reason, I'd urge your support of the Bill."

Koehler

"Well, of course, this particular thing does not determine the amcunt, does it? Ycu mentioned the amount of hazardous waste that is generated. It is my understanding this legislation, it provides and exchange program whereby they might exchange information with regard to technology. 50 STATE OF ILLINCIS 83RD GENERAL ASSEMEL HOUSE OF EEPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 Is that correct?"

Keane

"Exactly, and the problem that we found was is that there is no exchange out there, so that if you are... you are hoping for existing... if you are hoping for existing resources to do the job that we're attempting to do with this Bill, they haven't done it in the past, and there's no reason to think that they'd dc it in the future. The Department of Energy and Natural Resources is anxious to get this program so that they can provide this service."

Koehler

"Well, perhaps if this does pass out, and it goes Over to the Senate, we might check with these sources that indicate that the State Chamber does have cne and Argonne has one so that we might not be duplicating any resources that we already have. And 1... I spoke with you yesterday, and I understand that there is an appropriation. Can you indicate about how much that is going to be appropriated for the establishment of this Exchange?"

Keane

"NO. We are not appropriating money. The monies are in the Energy and Natural ResourceS... Resources current budget request."

Koehler

"And they feel that they can absorb that?"

Keane

"That's my understanding."

Koehler

"Okay. Thank you."

Speaker Greiman

"Further discussion? There being none, the question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'nc'. Voting is DOW open. Have all voted who wish? Fave all voted who wish? Mr. Clerk, take the record. On this Fill, there are 106 voting 'aye', 4 voting 'no', 2 voting 'present', and this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears House Fill 3042. Mr. Clerk, read the Pill." 51 STATE OF ILLINGIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Leone

"House Bill 3042, a Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."

Speaker Greiman

"The Lady from Cook, Ms. Barnes."

Barnes

"Thank you, Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House, House Bill 3042 provides that the Pollution Control Board shall repeal any existing rules and regulations and shall not adopt any new requirement that requires manifest for the shipment of nonhazardous special waste. Provides that the Board shall require facilities accepting nonhazardous special waste to file an annual report with the Board. And the purpose of the Bill, after many meetings and a lot of discussion, the concensus was that this would simply cut down on the huge burden of paper work thus saving resources for the more important task of keeping track of the hazardous waste, and I would ask for a favorable Roll Call."

Speaker Greiman

"The Lady from Cook has moved for the passage of House Bill 3042. On that, is there any discussion? There being none, the question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 112 voting 'aye', none voting 'no', none voting *present', and this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears House Bill 4043 (sic - 3043). Mr. Clerk, read the Bill."

Leone

"House Bill 4043, a Bill for an Act to amend an Act... House Bill 3043, a Bill for an Act to amend an Act..."

Speaker Greiman

"It's 3043."

Leone

"...requiring labeling of equipment and facilities relating to hazardous materials. Third Reading of the 52 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day Bill."

Speaker Greiman

"The Lady from Cook, Ms. Barnes."

Barnes

"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 3043 amends the Act to require labeling of equipment and facilities for the use, transportation, storage and manufacturing of hazardous materials. Expands the Hazardous Materials Advisory Board to 20 members. And the basic purpose of the Bill is to broaden the membership of the Board by including additional agency representatives who are involved with the transport of hazardous materials and also representatives from groups such as volunteer firemen who live with the problem on a daily basis. The scope of the Board is also expanded to ensure that proper training is available in this area. I would ask for a favorable Roll Call."

Speaker Greiman

"The Lady from Cook has moved for the passage of House Bill 3043, and on that, is there any discussion? There being none, the question is, 'Shall this Bill...' The... I'm sorry. The Gentleman from Macon, Mr. Dunn." Dunn, J.: "Will the Sponsor yield for a question?"

Speaker Greiman

"Indicates she will." Dunn, J.: "Who appoints the members to the Hazardous Materials Advisory Board, particularly the new members?"

Barnes

"The Governor." Dunn, J.: "Thank you."

Speaker Greiman

"The question... Is that... The question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this bill, there are 107 voting 'aye', 1 voting 'no', 1 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. And on the Order of House Bills Special Call - 53 STATE OF ILLINGIS 83RD GENERAL ASSEMBLY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 Environment appears House Bill 3044. Mr. Clerk, read the Bill."

Leone

"House Bill 3044, a Bill for an Act to amend the Environmental Protection Act. Third Beading of the Bill."

Speaker Greiman

"The Gentleman from Bureau, Mr. Mautino."

Hautino

"Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, this is the companion Fill to 3175 which is the Bonding Authority, and this is the fees Bill 3044. We amended the legislation yesterday. The questions raised by Representative Klemm will be addressed, and because of the position taken as it pertains to the differential in fees and the fact that many of my colleagues have informed me that this is the most controversial Bill of the package, I believe that maybe we should reevaluate that fee structure that was placed on in Amendment. Bepresentative Klemm was correct, and for that reason, I would like to take 3044 and 3175, which is a companion Bill, and put it into Interim Study so we can't come up with a fee Fill and a bonding provision that is necessary for next year."

Speaker Greiman

"The Gentleman from Eureau asks leave of the House to place House Bills 3175 and 3044 on the... Yes, Mr... on the Interim Study Calendar. Yes, and on that, dr. Vinson."

Vinson

"I believe the Gentleman asked far 3179, not 3175."

Mautino

"No, the Gentleman is incorrect. I asked for 3175 and 3044, the bonding Bill with the fee Bill. They have to work in concert, Representative Vinson."

Speaker Greiman

"Alright. The Gentleman bas leave, and the Bills will be placed in the Crder of Interim Study. On the order of House Bills Special Call - Environment appears House Bill 3045. Mr. Clerk, read the Eill."

Leone

"House Bill 3045, a Bill for an Act to amend Sections of the Environmental Frotection Act. Third 54 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIV IVES TRANSCRIPTION CEBAT IF 125th Legislative Day Reading of the Eill." May 25, 1984

Speaker Greiman

"The Lady from Cook, Ms. Farnes."

Barnes

"Mr. Speaker, Ladies and Gentlemen of the House, House Bill 3045 amends the Environmental Frotection Act to require the Agency to annually publish a list of notices of violations regarding hazardous materials or waste."

Speaker Greiman

"The Lady from Cock has moved for the passage of House Bill 3045. Is there any discussion? There being none, the question is, "Shall this Fill pass?" All in favor signify by voting aye', those opposed vote nc'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there aze 105 voting 'aye", 3 voting 'ng', 1 voting *present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears House Eil1 3174. Mr. Clerk, read the Bill."

Leone

"House Fill 3174, a Fill for an Act to amend Sections of the Toxic Substances Disclosure of Employees Act. Third Reading of the Eill."

Speaker Greiman

"The Gentleman from Fulton. Mr. Homer in the chamber? Well, we'll... Yes, Mr. Ecker. The Gentleman from Fulton, Mr. Homer, on House Bill 3174."

Homer

"Thank you, Br. Speaker and Ladies and Gentlemen. The Bill, as amended, very simply exempts from the employee right-to-know Fill that we passed last year certain retail merchants who do not... who are not involved in the processing manufacturing, but singly involved in cross-the-counter retail sales. Ic not exempt them would... would subject them to unnecessary regulation which certainly should not be favored, and I would ask for your support."

Speaker Greiman

"The Centleman from Fulton moves for the passage 55 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF BEPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day of May 25, 1984 House Bill 3174, and on that, is there any discussion? The Gentleman from Dewitt, Mr. Vinsco."

Vinson

"Yes, will the Sponsor yield for a question?"

Speaker Greiman

"Indicates he will." Vinson:

Homer

"Representative, this Bill has gone through a variety of formulations, some of which were pretty bad, and I want to make sure that I do know what's in it right now. Currently, the only thing that this Eill does, absolutely the only thing it does is to exempt retail merchants from the employee right-to-know legislation that we passed last year. Is that correct?" "That's correct."

Vinson

"There is nothing in it of a community right-to-know nature?"

Homer

"NO. That's all been rEBOVED,"

Vinson

"And there is nothing in it that affects the relationship between a petroleum marketer and the employee right-to-know legislation?"

Homer

"That's correct."

Vinson

"Okay. Given the fact that this legislation has now been totally cleaned up and in nc May is right-to-know legislation, I would have no opposition to it and would encourage Members to vote 'yes' on it."

Speaker Greiman

"The question is, 'Shall this Bill pass?" All those in favor signify by voting 'aye', those cpposed vote "no". Voting is now open. Have all vcted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 109 voting aye'. none voting 'no', 1 voting 'present', and this Bill, having received a Constitutional Majority, is hereby declared passed. Cn the Order of House Bills Special Call - Environment appears House Bill 3176. Mr. Clerk, read the Fill."

Clerk Lecne

"Bouse Pill..." 56 STATE OF ILLINOIS 83RD GENEBAL ASSEMELY HOUSE OF BEPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Speaker Greiman

"Excuse me, Mr. Clerk. For what purpose does the Gentleman from Livingston seek recognition, Mr... Where is the Gentleman from Livingston? He's seeking recognition. Alzight, Mr. Clerk, read the Bill."

Clerk Lecne

"House Bill 3176, a Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."

Speaker Greiman

"The Gentleman from Cock, Mr. Keane."

Keane

"Thank you, Mr. Speaker. Rouse se Bill 3176 does three things. It requires the Department of Energy and Natural Resources to conduct a study by July 1, 1985 of underground injection of hazardous waste, and in that study, the Department is to include an evaluation of current practices, types and amount of current kaste being injected, a review of an existing study on the safety of deep well injection, an evaluation of alternative technologies in recommending whether deep well injection is an appropriate method of disposal cf hazardous waste. Second, the Bill establishes a moratorium effective June 30th, 1984 on the establishment of any new wells for deep well injection. Third, it provides the Follution Control Board should hold public hearings on the study and review whether any changes in the regulation should be made. I would be happy to answer any questions and ask for a favorable Roll Call."

Speaker Greiman

"The Gentleman from Cock, MI. Keane, moves for the Fassage of House Bill 3176. Is there any discussion? There being none, the question is, 'Shall this Fill pass?' All in favor signify by voting 'aye", those opposed voted 'no'. Voting is now open. Eave all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 106 voting 'aye", 4 voting 'no', nore voting 'present', and this Bill, having received a Constitutional Majority, is hereby declared fassed. Cn 57 STATE OF ILLINOIS 83RD GE ENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 Environment appears the Order of House Bills Special Call House Bill 3177, Mr. Clerk, read the Bill."

Leone

"House Bill 3177, a Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."

Speaker Greivan

"The Gentleman from Cook, Mr. Keane."

Keane

"Thank you, Mr. Speaker. House Eill 3177 also has three major provisions. First, it requires the Illiacis FPA at the request of any owner or operator of a private drinking well to annually test for contamination in wells within a half mile of an active or inactive sanitary or hazardous waste disposal site. Second, it requires the Agency to notify the cwner of the waste site to be notified that it is taking samples and testing such sater and to give them an opportunity to take a split sample. Third, it provides that the sample collection shall conducted in be cooperation with the Department of Fublic Health and local I'... to answer any health departments. Be happy questions, and would ask for a favorable Foll call."

Speaker Greiman

"The Gentleman from Cook has moved for the passage of House Bill 3177, and cn that, is there any discussion? Yes, the Gentleman frca Eond, Mr. Slape."

Slape

"Yeah, will the Sponsor yield? Aren't these services already available from the Department of Fublic Health?" "Not that I know of. The language on who was going to do it has been worked out between Illinois EPA and the Department of Public Health, and they agreed that EFA should do it." Keane:

Slape

"Eut you're talking... It's my understanding now that if you have any suspicion about your Mater you can go to Public Health. They give you the container, and they do the testing for you."

Keane

"They may do it now on a volunteer basis. This would put it in statutory language that they have to do it if the 58 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 owner requests it and he's within a half mile of a inactive sanitary or hazardous waste disposal site."

Slape

"Alright. Thank you."

Speaker Greiman

"Further discussion? The Gentleman from McLean, Mr. Bopp."

Ropp

"Mr. Speaker, would the Sponsor yield?"

Speaker Greiman

"Indicates he'll yield for a question."

Ropp

"I guess, Representative, I'm a bit unclear as to whether or not this is mandating that those people who live within a half a mile of the disposal facility shall have their water tested annually or is this just that the Department will test it free at their request?"

Keane

"The latter is true. They will test it at the request of the owner or operator of a private drinking well."

Ropp

"Ckay. Thank you."

Speaker Greiman

"Yes, the Gentleman from McEenry, Mr. Klemm."

Klemm

"Will the Sponsor yield for question?"

Speaker Greiman

"Yes."

Klemm

"Representative, if... is there any responsibility to the municipality or to the county, in this case, if they did not request a sampling within that six months of that year time?"

Keane

"No. This is for private wells. You know, where... where you have a private drinking well and you request EPA to come in. EPA will have to come in and do one. They... They work in conjunction with Fublic Health local and state."

Klemm

"In my county the majority of homes have private wells because we're a rural county. So I'm just... I'm just concerned that in case they... they do not have that water tested because they weren't asked for it that there would be some obligation assumed by the governmental entity. Okay." 59 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Keane

"No. They have to be within a half of mile of a site though."

Klemm

"And it has to be requested."

Keane

"Yes."

Klemm

"Verbally, or written or anything like that?"

Keane

"The... It doesn't specify. I would think that, you know, if I were doing it, it would be a written request."

Klemm

"So somebody could call up the Health Department and say, "Hey, come out and test my water?""

Keane

"No. EPA. You call EPA and request it. And you have to be within a half a mile of... of a hazardous waste or a inactive sanitary landfill."

Klemm

"Would we possibly, and you may want to consider... Could it possibly be a problem where somebody says, 'I called,' and the EPA says, 'I don't have a record of you calling,' and this kind of thing?"

Keane

"That's why... That's why it probably would be better to write."

Klemm

"Okay. Alright. Thank you very much."

Speaker Greiman

"Further discussion? There being none, Mr. Keane, to close."

Keane

"I think the Bill's been discussed. I'd just ask for a favorable Roll Call."

Speaker Greiman

"The question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 103 voting 'aye', 5 voting 'no', none voting 'present', and this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears House Bill 3178. Mr. Clerk, read the Bill."

Leone

"House Bill 3178, a Bill for an Act to amend certain 60 STATE OF ILLINOIS 83RD GENERAL ASSENELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 Acts in relationship to environmental protection. Third Reading of the Bill."

Speaker Greiman

"The Lady from Marshall, Ms. Koehler."

Koehler

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3178 does four things. First of all, it requires the Department of Energy and Natural Resources to conduct geological and hydrogeological studies of all new facilities storing, treating or disposing of hazardous wastes in the land. The second thing, the applicant for a hazardous waste site would file all documents submitted to the agency except for those trade secrets at the county board or the governing body of the municipality to whoa they were requesting the site. And thirdly, after the governing body makes a decision on the landfill siting, the written decision of the governing body will be open to public inspection. And finally, at the time it receives an application for a developmental permit for a new facility to store, treat or dispose of hazardous waste in the land, the agency shall provide a copy of the applicant's hydrogeological study to the Illinois State Geological Survey and Illinois State Water Survey and request each survey to assess and comment on the proposed facilities impact on any significant useable ground water resources beyond the facilities' boundaries. The Illinois State Geological Survey and the Illinois State Water Survey shall determine what are significant usable ground water resources after establishing statewide criteria for such determinations. The Agencies shall consider the assessment and comments in the issuance of the permit. What this legislation does, it gives a degree of certainty to both the landfill operator and the communities within which there is a request to place a landfill that there has been a nonbias study of the ground water and the effect of the 61 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF BEPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 landfill might have on the ground water underneath the area to which it is supposed to be placed. I would move for the approval of this legislation."

Speaker Greiman

"The Lady from Marshall moves for the passage of House Bill 3178, and on that, is there any discussion? The Gentleman from St. Clair, Mr. Flinn."

Flinn

"Well, Mr. Speaker, this deals with the citing of the Bills which is the old Senate Bill 172. I believe that the FFA is well qualified. I don't think we ought to drag in another agency, state agency, to became involved. We've already go local government involved now. The more people become involved in siting of sanitary landfills the less likely we' we're to find suitable anes. I don't believe the Bill is necessary. I think the EPA has personnel that are qualified to handle this problen, and I'm going to vote 'no' on the Fill."

Speaker Greiman

"Further discussion? The Gentleman from Cook, Mr. Cullerton."

Cullerton

"Yes, Representative Koebler, is this the Bill that we talked about OD Second Reading? In other words, the Amendment that you put on is the Fill, right?"

Koehler

"If I recall, you asked me a question on the Bill."

Cullerton

"Do you recall what your answer was?"

Koehler

"Yes."

Cullerton

"What was it? Very little?"

Koehler

"What... What did you... What was the question you asked me?"

Cullerton

"What's left in the Bill, 1 think, was what the question..."

Koehler

"Well, what is left in the Fill is legislation that would require that ground water... ground water considerations be... be looked at by the Agency, and by the Illinois State Water Survey and the Hydrogeological 1 62 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCEIΡΤΙΟΝ ΣΕBATE May 25, 1984 125th Legislative Day effects."

Cullerton

"Fine."

Koehler

"And is a very important concept in the fact that what... what we would like to see is a degree of certainty to both the applicant that there is going to be a nonbias study considered with regard to... to the location of the landfill and also, the communities are greatly concerned about the contamination of their water supply. And this would ensure that the Illinois State Water Survey take a look at that water to make certain that it is not going to be contaminated in any way, and it is certainly compatible with Representative Currie's legislation that is coming along later that is going to also propose this type cf study and would do the study upon which this information would be gathered."

Cullerton

"So it's based on the premise that knowledge is... is good to have and helpful and knowledge can be powerful."

Koehler

"I would agree that knowledge can be powerful."

Cullerton

"This Bill... And it's designed to provide GIE knowledge to the people."

Koehler

"Well, what it is designed to do is that the knowledge that has been gathered in House Bill 31... 3193 be applied when siting a landfill."

Cullerton

"Well, 1... I think that on that basis it makes sense to pass the Bill."

Koehler

"Well, thank you, Representative Cullerton. I appreciate your support."

Speaker Greiman

"Further discussion? The Gentleman from Effingham, Mr. Erum."

Brummer

"will the Sponsor yield?"

Speaker Greiman

"Indicates she will yield for questions."

Brummer

"Who is going to do this study?"

Koebler

"The Illincis... The Department of Energy and Natural 63 125th legislative Cay STATE OF ILLINCIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 Resources will do... will do the original study."

Brummer

"Did you refer to the Illincis Kater Survey ΟΙ whatever..."

Koehler

"Yes, and then the Illinois State Water Survey and the... and the Illinois State Geological Survey are all a part of that."

Brummer

"Are all doing their own studies?"

Koehler

"Well, no, they are all a part of the Department of Energy and Natural Rescurces."

Brummer

"Okay. Bould any study... Would there be any study of the potential damage to fresh water supplies by salt water injection wells?"

Koehler

"Representative, that is not really a part of this Bill in the fact that salt water is not considered a hazardous waste."

Brummer

"Well, there's a good deal of concern in cur area, in our district, because there's a good deal of cil exploration and salt water injection that the salt water may pollute the fresh water supplies, the water wells. This would not be included in this at all then."

Koehler

"No. It might... It would nct be included in this legislation but it might very well be taken care of, and perhaps, Representative Currie, when she fresents her legislation later today, could address that particular problem. You might want to ask ber that very same thing."

Brummer

"The philosophy of this Bill then is that you can damage the fresh water supplies with salt water but just don't damage the fresh water supplies with hazardous waste."

Koehier

"Perhaps the legislation that would deal with the study to determine the degree of hazard of different substances would have more application to what you are asking."

Brummer

"Thank you."

Speaker Greiman

"Further discussion? There being none, Ms. 64 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF BEPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day May 25, 1984 Koehler, the Lady from Harshall, to close."

Koehler

"Thank you, Hr. Speaker and Ladies and Gentlemen of the House. I appreciate... I would appreciate your support cf this legislation that certainly dces go a long way toward assuring our communities that they will have a safe water supply even though there would be a landfill located within their community. And it also assures those developers of the landfill that there will be a nontias study conducted with regard to the contamination of ground water supplies, and I would certainly appreciate your support cn this legislation."

Speaker Greiman

"The question is, Shall this Bill pass? All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Co this Bill, there are 104 vating aye", 3 voting "no", none voting 'present', and this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears House Bill 3179. Mr. Clerk, read the Bill."

Leone

"House Bill 3179, a Bill fcr an Act to amend the Environmental Protection Act. Third Reading of the Bill."

Speaker Greiman

"The Gentleman frca Eureau, Mr. Mautino."

Mautino

"Thank you very much, Mr. Speaker. House... House Bill 3179 is a legislation that sets up the monitoring wells in system or on surface impoundments. It defines what is and what is not a surface impoundnent with Amendment #2, and basically eliminated from any consideration the artificial retaining walls designed to minimize product spill and damage - a retaining wall around the surface impoundment area. Amendment #2 which... Amendment #1, which was added by Representative McPike, added the language in the Bill concerning permits issued by BCBA and the U.S. EFA for the 65 STATE OF ILLINOIS 83RD GENERAL ASSEMELY BGUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day administration of that program. May 25, 1984 The legislation setting up at least one monitoring well at the surface impoundments, where there is no control on site at this time, will provide a good monitoring system for the public health and safety and possible contamination tc aquifers in this state. The items that are characteristic for the monitoring system are those that are already in place with the EPA, and I think it adds an avenue that is necessary and needed by the EPA as it fertains to hazardous and toxic waste impoundments where there is basically no control at this time. And I ask for a favorable vote."

Speaker Greiman

"The Gentleman from fureau has moved fcr the passage of House Bill 3179, and on that, is there any discussion? The Gentleman from DeWitt, Mr. Vinson."

Vinson

"Mr. Speaker, Ladies and Gentlemen of the House, it is clear that we don't like hazardous waste. We are proving that in as many forms as WE conceivably can. Now, hazardous wastes açe bad things, and I'm not prepared to vote against hazardous wastes. Eut not this Bill. Not this specific Bill, because what this Bill does, if you vote against hazardous wastes OB this Fill, what you're really doing is voting for about every cther form of pollution. Because what this Bill says in reality is that the only thing the agency can spend its time on is hazardous waste impoundments. They're not going to have time to... το devote to anything else. Air pollution, water pollution, all of those things are... are gone. They don't have time because they've got to deal with these things on such a schedule... rigorous schedule of time that the only thing the Agency's going to be able to devote its time to is hazardous waste impoundrents. NOW, if you believe that the only environmental hazard in this state are hazardous waste impoundments, you ought to vote for 66 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day May 25, 1984 this Bill. But if you believe that just maybe someplace else in the entire range, in the entire range of pollution and in the environment something matters beside hazardous waste impoundments, then you ought to vote against this Bill. I think you ought to vote against it because there are one or two little other things that do matter to the cause of a clean environment. I'd urge a 'no vote."

Speaker Greiman

"Further discussion? There being none, the Gentleman from Eureau, Nr. Mauting, to close."

Mautino

"Thank you, Mr. Speaker. I'd like tc respond to the Gentleman's misguided statements. Nurber cne, Sam, I'd like to inform you that monitoring wells aze used in landfills all cver this state. The Sheffield site in Bureau County currently has 16 monitoring wells at that facility. What we're asking for in this legislation is that monitoring wells in an area where surface impoundments are not at all monitored, controlled Gr evaluated. This has nothing to do with the diatribe that was presented by the Minority Leader on the other side. What it has to do is offering a monitoring system that could possibly get to an aquifer for the public health and safety of the individuals of this state. There's no reason to say that this would only way that the EFA would spend time. That's ridiculous. You know it, and I know it. All it does is... authorize a monitoring system for something that's not being checked or regulated at this time, and I ask for an 'aye vote."

Speaker Greiman

"The question is, Shall this Bill pass?" All in favor signify by voting 'aye, those opposed vote no'. Voting is BGW open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk... Mr. Clerk, take the record. What purpose does the Gentleman from DeWitt, Mr. Vinson, seek recognition?" 67 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day

Vinson

"For... To request a verification."

Speaker Greiman

"Ch, alright. On this Bill... On this Bill, there are 60 voting 'aye', 49 voting 'no', 1 voting 'present', and the Gentleman from DeWitt, Mr. Vinson, has requested a verification. The Gentleman from Bureau, Mr. Mautino, has requested a Poll of the Absentees."

Leone

"Poll of the Absentees. Davis. Harris. McAuliffe. McMaster. Richmond. Taylor. White. And Zwick."

Speaker Greiman

"Yes. Mr. Pierce requests leave to be verified. Do you have leave, Sir? Mr. Clerk, proceed to verify the Affirmative Roll."

Leone

"Poll of the Affirmative. Alexander."

Speaker Greiman

"Yes, Mr. Davis. Mr. Davis votes 'no'. Proceed, Mr. Clerk."

Leone

"Berrios. Bowman. Braun. Ereslin. Brookins. Brunsvold. Bullock. Capparelli. Christensen. Cullerton. Currie. DeJaegher. DiErina. Domico. Doyle. John Dunn. Farley. Giglio. Giorgi. Greiman. Hawkinson. Homer. Huff. Jaffe. Johnson. Keane. Krska. Kulas. Laurino. LeFlore. Leverenz. Levin. Markette. Marzuki. Matijevich. Mautino. McGann. EcPike. Nash. O'Connell. Panayotovich. Fangle. Fierce. Freston. Ehem. Rice. Ronan. Saltsman. Satterthwaite. Shaw. Steczo. Terzich. Turner. Van Duyne. Vitek. Wolf. Younge. McNamara. And Mr. Speaker."

Speaker Greiman

"Mr. Vinson, questions of the Affirmative Roll."

Vinson

"Yes, Mr. Speaker, Representative Bowman."

Speaker Greiman

"Mr. Bowman. Mr. Bowman in the chamber? How is Mr. Bowman recorded?"

Leone

"The Gentleman's recorded as voting 'aye'."

Speaker Greiman

"Remove Mr. Bowman."

Vinson

"Mr. Speaker, could I inquire as to how many we started with?" 68 STATE OF ILLINGIS 83RD GENEBAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day May 25, 1984

Speaker Greiman

"Well, one moment. Mr. Richmond votes 'aye'. Richmond 'aye'. You started with 61... 60... 60. Mr. Bowman has been removed. Mr. Richmond has been added so that you are now at 60."

Vinson

"Thank you. Representative Bullock."

Speaker Greiman

"Mr. Bullock. Mr. Eullock in the chamber? How is Mr. Bullock recorded?"

Leone

"The Gentleman's recorded as vcting 'aye'."

Speaker Greiman

"Bemove Mr. Bullock from the Bcll."

Vinson

"Mr. DeJaegher."

Speaker Greiman

"Mr. DeJaegher. Mr. DeJaegher in the chamber? Mr. DeJaegher. How is Mr. LeJaegher recorded?"

Leone

"The Gentleman's recorded as voting 'aye'."

Speaker Greiwan

"RELOVE Mr. DeJaegher from the chamber (sic - Roll Call)."

Vinson

"Mr. Domico."

Speaker Greiman

"Hr. Domico. Is Mr. Domico in the chamber? How is Mr. Domico recorded?"

Leone

"The Gentleman's recorded as voting aye."

Speaker Greiman

"Remove Mr. Domicc, and leave for Ms. Alexander to be verified. Leave? Mrs. Alexander, you have leave. Mr. Bowman has returned to the chamber. Return Mr. Bowman to the Boll. Froceed, Mr. Vinson."

Vinson

"Mr. Keane. Mr. LeFlore."

Speaker Greiman

"Mr. LeFlore is in his chair."

Vinson

"Mr. Levin."

Speaker Greiman

"Ar. Levin. Is Mr. Levin in the chamber? Mr. Levin. How is Mr. Levin recorded?"

Leone

"The Gentleman is recorded as voting 'aye'."

Speaker Greiman

"Remove Mr. Levin frow the Ecll. Mr. Sha asks leave to be verified. Mr. Shaw have leave? Er. Shaw, you may leave. You have leave. Proceed, Er. Vinson."

Vinson

"Mr. Marzuki." 69 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day

Speaker Greiman

"Mr. Marzuki is in his chair."

Vinson

"Mr. Matijevich."

Speaker Greiman

"Ar. Matijevich is in his chair."

Vinson

"Mr. Nash." May 25, 1984 Speaker Greiman; "Mr. Nash is at the rear of the chamber."

Vinson

"Where?"

Speaker Greiman

"On the stairs, with Ms. Didrickson."

Vinson

"Mr. Fanayotovich."

Speaker Greiman

"Er. Fanayotovich is in his chair."

Vinson

"Mr. Pangle."

Speaker Greiman

"Mr. Fangle. Mr. Pangle in the chamber? How is Mr. Fangle recorded?"

Leone

"The Gentleman's recorded as voting 'aye."

Speaker Greiman

"Remove Mr. Pangle from the Roll."

Vinson

"Er. Preston."

Speaker Greiman

"MI. Freston. Is Mr. Prestor in the chamber? Mr. Preston. How is Mr. Freston recorded?"

Leone

"The Gentleman's recorded as voting 'aye'."

Speaker Greiman

"Remove Mr. Preston fich the Roll Call."

Vinson

"Mr. Bonan."

Speaker Greiman

Konan. MI Ronan in the chamber? Ronan. Is that who you were questioning? Mr. Mr. Ronan in the chamber? Mr. Ronan. How is Mr. Eonan recorded?"

Leone

"The Gentleman's recorded as vcting ayє"."

Speaker Greiman

"Well, remove Hr. Ronan, then, frcm the Roll Call."

Vinson

"I have no further questions."

Speaker Greiman

"Ca this Bill, there are 54 voting 'aye', 48 voting 'no", 1 voting present', and this Fill, having failed to receive a Constitutional... Yes, Mr. Mautino asks that the Bill be placed on the Crder of Postponed... Mr. Levin has returned to the Foll. Beturn I. Levin to the Roll, so there will now be 55 voting "aye'. Mr... Yes, MI. 70 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day Brummer. Brummer."

Brummer

"Please record me 'aye'."

Speaker Greiman

"Mr. Brummer votes 'aye'. Mr. Hicks. Mr. Hicks votes 'aye'. Mr. Rea. Mr. Bea votes 'aye'. Mr. Slape. Mr. Slape votes 'aye'. Mr. Bulcabey. Mr. Mulcahey votes 'aye'. Yes, Mr. Countryman."

Countryman

"May I be recorded as voting 'aye?'"

Speaker Greiman

"Mr. Countryman votes 'aye'. On this Bill, there are 61 'aye', 35 voting 'no', none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears Ecuse Bill 3180. Mr. Clerk, read the Bill."

Leone

"House Bill 3180, a Bill for an Act to add Sections to the Environmental Protection Act. Third Reading of the Bill."

Speaker Greiman

"The Gentleman from Cock, Mr. Keane."

Keane

"Thank you, Mr. Speaker. House Bill 3180 does two things. It requires the Department of Energy and Natural Resources to complete a study of the nonhazardous special wastes. Provides the study shall consist of an evaluation of whether there should be more than one category of special wastes, so that wastes with varying degrees of risk can be regulated more precisely, and also to determine whether any or all of the nonhazardous waste should be deregulated. The second provision provides that the Pollution Control Board should hold hearings on the study after it's completed to review the recommendations as to whether it should change our existing rules and regulations concerning special waste. Illinois' requirements on nonhazardous special wastes are currently more stringent than the federal in that almost all industrial wastes are required to be manifested and must obtain individual waste stream 71 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIFTION DEBATE 125th Legislative Day permits for disposal. May 25, 1984 The study is intended to evaluate whether these requirements should te relaxed. And as I mentioned earlier, we put an Amendment that was requested by industry for... and the public hearing provisions that were requested by the Pollution Control Ecard. I'd be happy to answer any questions and would ask for a favorable Boll Call."

Speaker Greiman

"The Gentleman from Cock has moved for the passage of House Bill 3188, and on that... I'm... 3180, and on that, is there any discussion? There being none, the question is, 'Shall this Bill pass? All in favor signify by voting 'aye", those opposed vcte "no". Voting is DOW open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Eill, there are 105 voting 'aye', 3 voting 'no', none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Fills Special Call - Environment appears Ecuse Bil1 3193. tr. Clerk, read the Bill."

Clerk Lecne

"House Bill 3193, a Bill for an Act to add Sections to the Environmental Protection Act. Third Reading of the Bill."

Speaker Greiman

"The Lady from Cock, Ms. Currie."

Currie

"Thank you, Mr. Speaker and Merkers of the House. House Bill 3193 as amended provides for both a statewide study of ground... ground water quality in Illincis and for a degree of hazard... of hazardous wastes study also. It's a straightforward proposition. I'd με happy to answer questions, and I would appreciate your support."

Speaker Greiman

"The Lady from Cook moves fcr passage of House Bill 319 3. On that, is there any discussion? The Gentleman from Effingham, Mr. Frummer."

Brummer

"Representative Currie, will the ground water study 72 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMEIY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 include potential damages to ground water incurred by salt brine or salt water injection wells?"

Currie

"Yes, Representative, I think the..."

Brummer

"Thank you."

Speaker Greiman

"Further discussion? Further discussion? There being nane, the question is, 'Shall this Bill pass? All in favor signify by voting 'aye", those opposed vote 'nc". Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Cn this Bill, there are 105 voting aye, 1 voting 'no', none voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears House Bill 3194. Mr. Clerk, read the Bill."

Leone

"House Bill 3194, a Bill for an Act to amend the Environmental Protection Act. Third Reading of the Bill."

Speaker Greiman

"The Lady from Cook, Ms. Currie."

Currie

"Thank you, Mr. Speaker, Members of the House. House Bill 3194 does two things. It delays the effective date of the Hazardous Waste Advisory Council's reports to the General Assembly by some six months, and it provides that certain... certain particularly hazardous substances cannot be landfilled as of July 1st, 1985 without specific authorization from the Environmental Protection Agency. I'd be happy to answer questions, and I urge your support."

Speaker Greiman

"The Lady from Cook has moved for passage of House Bill 3194, on that, is there any discussion? The Gentleman from Will, Mr. Davis."

Davis

"Will the Sponsor yield? Representative Currie, did I understand you to say you... contained in the legislation is a delay of the reporting date of the Hazardous Waste Task Force?"

Currie

"No. No. Hazardous Waste Advisory Council." 73 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Davis

"Would you just run that by me again? There was noise... couldn't hear."

Currie

"We created, last year, a Hazardous Waste Advisory Council, and we asked for a report. Some of the appointments to the Council have not yet been made; therefore, we're asking the Council in this Bill to report not October 1st, 1984 but March 1st, 1985."

Davis

"Oh. Okay. Thank you."

Speaker Greiman

"Further discussion? There being none, the question... the question... I'm sorry. The Lady from Marshall, Ms. Koehler."

Koehler

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

Speaker Greiman

"Indicates she'll yield for a question."

Koehler

"Representative Currie, a couple of days ago we had spoke with you about an Amendment to... an additional Amendment to this legislation, and while I certainly compliment you on the package and the concepts that you are putting forth here, I wanted to ask you what your plans might be with regard to the concerns that we had expressed to you. I believe that we had... we had suggested that perhaps the definition of cyanides needed to be defined a bit further. In addition to that, we had expressed a concern about the July 1st, 1985 date in the fact that the Pollution Control Board did not... it would be difficult for them to make that particular deadline. Now, I... I know that we did discuss this with you and your staff; however, I just received a phone call from the Pollution Control Board, and they do express some concern about that... about that particular date yet. And so, I wondered if perhaps you might be amenable toward discussing the various problems that might still be in this legislation, even though I do support the concept." 74 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Speaker Grieman

"Ms. Currie."

Currie

"Thank you. Representative Koehler, I certainly will work with you on both those items. Cur understanding was that the date in the Act is... was comfortable with the Pollution Control Board. If cur information is wrong, we will reassess that. On the issue of definitions, we've been waiting for language, and we have agreed that we will work on language in the Senate."

Koehler

"Thank you very much."

Speaker Greiman

"Further discussion? There being none, the question is, 'Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 96 voting 'aye', 4 voting 'no', 1 voting 'present', and this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears House Bill 3195. Mr. Clerk, read the Bill."

Leone

"House Bill 3195, a Bill for an Act to add Sections to the Illinois Hazardous Materials Transportation Act. Third Reading of the Bill."

Speaker Greiman

"The Lady from Cook, Ms. Currie."

Currie

"Thank you, Mr. Speaker and Members of the House. House Bill 3195 requires that people who transport hazardous waste will have to show a... a capacity to sustain financial liability in the amount of 1,000,000 dollars. I'd be happy to answer questions. I would appreciate your support."

Speaker Greiman

"The Lady from Cook moves for the passage of House Bill 3195, and on that, is there any discussion? The Gentleman from Effingham, Mr. Brunner."

Brummer

"Yes. How would they do that? With a bond?" 75 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF BEFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day

Currie

"Representative, they could do it under... May 25, 1984 with bonds, with financial reserves or with insurance policies."

Brummer

"DO you have any estimate of the cost of a 1,000,000 dollar bond?"

Currie

"I do not, but I... I certainly know that fcr me as a family automobile driver we have something like 350,000 dollars liability. Insurance policies are expensive, but I don't know..."

Brummer

"Maybe you aren't as hazardous as hazardous waste."

Currie

"Pardon me?"

Brummer

"Maybe you aren't as hazardous as hazardous waste. Would... Is this... I guess I'm concerned that this bond may tend to be... to create a anticompetitive situation with regard to hazardous waste and that only the very large would be able to afford that. Could you respond to that?"

Currie

"Representative, under the federal requirements presently, there are bond, or insurance CE financial reserve requirements for transporters of hazardous waste. There is not a similar requirerent in cur cun state statute, but there is a financial responsibility requirement at the federal level. If that were... MELE enforced, and I think that sometimes perhaps it is not as enforced as well as it might be if the language were in our own statutes, but if it were, the same... the same problems would presumably... presumably exist now as would exist under this Fill."

Brummer

"Yeah. I don't think you respond to my guestion though as to whether or not this would tend to drive out smaller business entities that... that deal as a business in this area and reserve it only for the very large."

Currie

"Well, 1 think my response is that under federal requirements there already is a financial responsibility program for these... If they haven't driven cut 76 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 already, I doubt that they will be under the provisions of House Bill 3195."

Brummer

"Well, if we have the federal then why do we need this?"

Currie

"Pardon me?"

Brummer

"If we have the federal, why do we need this? I thought you indicated the federal was not enforced."

Currie

"As I suggested, the federal program is not enforced as adequately as it would be if we had the same language in our own statute. There's also a difference if the present financial requirement at the federal level from that proposed in 3195."

Brummer

"Thank you."

Speaker Greiman

"Further question? Being none, the question is, Shall this Bill pass? All in favor signify by voting 'aye', those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 86 voting 'aye', 19 voting 'no', 2 voting 'present', and this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of House Bills Special Call - Environment appears House Bill 3060. Mr. Clerk, read the Bill."

Leone

"House Bill 3060, a Bill for an Act to add Sections to an Act ratifying and improving the Midwest Interstate Compact on Low Level Radioactive Waste and providing for the administration thereof. Third Reading of the Bill."

Speaker Greiman

"The Gentleman from Cook, Mr. Marzuki."

Marzuki

"Thank you, Mr. Speaker, ladies and Gentlemen of the House. This Bill is simply a vehicle. It does not have the same kind of shape that Representative Turner's Bill had the other day - probably, less of a shape. It is designed to give time for the possibilities of a new compact. The Amendments that were attached to and passed 77 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 out of this House, signed by the Governor, have not made it easy for Illinois to get into the Midwest Compact. This Bill will go to the Senate. There are discussions, as I understand it, with other entities, and a possibility of a new compact may come out of it, or the Midwest Compact may be involved again. Whatever happens, this Bill will not come back in its present form. I am not the author of this wonderful Committee that is included in the Bill, but of course, even this would allow the legislative hand in the total deliberations. I would ask that you give the administration time to continue work on this very important issue. I think that none of us are completely convinced that we have found an answer to the hazardous waste disposal problem, from the standpoint of low level nuclear waste. This has to be done. It has to be done soon. I think we need to give over the rest of this Legislative Session to this important matter. I would ask that we move this Bill to the Senate, and we can have a full discussion of whatever results, when it comes back. Thank you."

Speaker Greiman

"The Gentleman from Cook, Mr. Marzuki, has moved for the passage of House Bill 3060. And on that, is there any discussion? The Lady from DuPage, Ms. Nelson."

Nelson

"Will the Gentleman yield?"

Speaker Greiman

"Indicates he'll yield for a question."

Nelson

"Thank you very much, Mr. Speaker. Representative Marzuki, why do you believe that once this Bill, which is only a vehicle, moves over to the Senate, that House Members will have any part in those discussions?"

Marzuki

"The Bill will, of course, come back to this chamber."

Nelson

"Have you any idea in what form it will come back?"

Marzuki

"I am told that it will come back, possibly, in a Kentucky-Illinois Compact."

Nelson

"And you are intending, if it comes back as a two-state 78 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day compact, to support that posture."

Marzuki

"I am not promising support of any posture."

Nelson

"I am a little bit uncomfortable with sending vehicle Bills out of here that we have no idea what the intent is of the Sponsor or what they will lock like in the future. It's my understanding that those states that have already ratified the Midwest Compact have been meeting as a Commission? Is that true?"

Marzuki

"I understand that there have been meetings that have not been very productive, as far as Illinois is concerned."

Nelson

"But, those other seven states that have already formed the Commission have been holding meetings to which Illinois has sent observers. But of course, since we did not ratify the compact, we have not been able to be an active participant."

Marzuki

"Well, I think we have ratified the compact with the Amendments that were attached, and has been signed intc law. Whether that is acceptable to the other states, is the question. But, at least this vehicle gives the Governor and the Department of Nuclear Safety extra time to work out agreements. I, too, would be a bit concerned. I think the language in here, as I read it, is not going to be very harmful to the total process. So therefore, I would be willing to allow this procedure to take place. I certainly think that if the changes that way te suggested to the Bill are going to automatically bring it back here, we will then have time to give it our careful consideration."

Nelson

"Isn't it true that Illinois passage of a compact with Amendments attached is analogous to the situation where the House passes one version of a Bill, and the Senate passes another version of that same Fill, but with Amendments on it, and then, in this Body, we have to have a Conference 79 125th Legislative Day STATE OF ILLINGIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 Committee, and that for Illinois to be a party state, we would have to pass compact legislation that is substantially identical to that passed by other states."

Marzuki

"I would assume that that sould he true, and as you know, my posture on that particular thing is that I would be against the passage of such legislation. I think it was ill-conceived of the administration to negotiate a Bill that was not in the best interests of the people of Illinois. Therefore, I would oppose that. There is risk involved in this, but I think it's an izportant issue. For the people of Illinois, a Kentucky-Illincis Compact would at least give us ποτε control OVER the process of out-of-state waste coming into Illinois. It is something that we should consider."

Nelson

"Have any other states adopted cur Illinois amended version?"

Marzuki

"I do not know."

Nelson

"Could you tell me any advantages of joining a two-state compact with Kentucky, while, at the same time, in this same region, there is also the Midwest Compact?"

Marzuki

"...#"

Speaker Greiman

"Yes, Mr. Van Duyne? For what purpose do you seek recognition?"

Van Duyne

"Mr. Speaker and Members, I find it a little bard to stand here and listen to this, because there is nothing in the Lady's questioning that even addresses the Bill at all. She's going through a lot of hypothetical things, and I find it really strange and a little hypocritical..."

Speaker Greiman

"I think, Mr. Van Duyne, your point is well taken."

Van Duyne

"In the sense that she was the original Sponsor of the Pill."

Speaker Greiman

"Ms. Nelson, confine your remarks to the Fill as 80 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th legislative Day in its present condition, please." May 25, 1984

Nelson

"To the Bill. This Bill, Mr. Speaker and Members of the House, is a Bill that speaks to an issue, and the questions that I have posed to the present Sponsor of the Bill have been addressed to that issue. The issue is, should Illinois join the Midwest Compact on Low Level Nuclear Waste, or should we go it alone, or should we join a two-state compact with Kentucky? Those last two options, in my mind, are not viable options, not wise directions for the state to go in, and my questioning of the Sponsor was designed to show that because commitments were made and because people, mainly from the other chamber, got locked into untenable positions with certain special interest groups, we were unable to achieve a compromise position, and so we are stuck on the outside looking in, as other states in the midwest region go ahead with the Midwest Compact. I am just personally opposed to this Bill on those grounds alone, but I understand there are reasons to pass it out of here and move it into the Senate, and I do not wish to be obstructionist. Thank you."

Speaker Greiman

"The Gentleman from McHenry, Mr. Klemm."

Klemm

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

Speaker Greiman

"Indicates he will."

Klemm

"Again, I guess I have to share my concern, because last year when we had this subject come up, the House had actually put on Amendments to put some changes in what we thought were safeguards for Illinois. And now, I guess what we're saying is that they seem to be maybe unacceptable, perhaps, because now we want to take this shell Bill, rework it to maybe what it was going to be before, and try to, on the last day, perhaps, in a Conference Committee Report, come up with something that... 81 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 we may not know what it says. And, it seems like this position is not in keeping with what you and I had talked about last year on the floor. Would that be correct in my assumption, Representative Marzuki?"

Marzuki

"Mr. Klemm, I think you well understand that I, and I hope, you support those Amendments. The fact that they may not be acceptable may mean that we need other alternatives and that we may need to give our Governor a chance to come up with a Bill. I believe that we, you and I together, can watch any Conference Committee and make certain that these Amendments are to our liking, or we can fight that on the floor of this House."

Klemm

"Why, since we had passed that last year, perhaps, hadn't that deliberation of what changes are being contemplated? Why couldn't that have been drafted into a Bill, so that we would have had all this Session, then, to kind of look it over and understand what the changes were going to be, rather than waiting again until the last minute?"

Marzuki

"Mr. Klemm, I think the Illinois legislature made its decision last year as to what it wanted in that Bill. It was signed into law by the Governor, and it stands. Now, we are faced with another dilemma."

Klemm

"To the... To the Bill, Mr. Speaker."

Speaker Greiman

"Proceed, Mr. Klemm."

Klemm

"You know, I certainly have no problems in trying to allow ourselves to look at alternatives to improve the situation of what this Bill is trying to address, but again, I am very nervous about passing and voting on a piece of legislation that really says absolutely nothing, not knowing what we're going to do, and in the short time that I've been down here, unlike some of the more experienced legislators, I think we all do know that a number of things happen very quickly in those Conference Committee Reports - 82 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 so quickly that at the very early hours of the morning, many things are passed without really full discussion and full debate. I really, though I respect the Sponsor and what they're intending to do, I'm nervous about voting for it, and I think the best vote may be a pass, or maybe a "no", until we know exactly what this Eill does say- Thank you."

Speaker Greiman

"Yes, Mr. Mulcahey, the Gentleman from Winnebago."

Mulcahey

"I move the previous guestion."

Speaker Greiman

"The Gentleman from Winnebagc, Mr. Kulcahey, has moved the previous question be put. All in favor of the previous question, signify by saying 'age', opposed, "no". In the opinion of the Chair, the "ayes bave it. The previous has been put. Ar. Marzuki, to close."

Marzuki

"Nervous or not, it is imperative that we have a vehicle upon which we can act. Failure to send this Bill cut of the House will cause exactly that. I ask this House to send it over and to be watchful, make certain that it is to the benefit of the people of Illincis. So far, in cur deliberations on the Midwest Compact, save for cur Arendments, we have done a very poor job. I ask for your affirmative vate on this matter."

Speaker Greiman

"The question is, Shall this Bill pass?' All in favor signify by voting 'aye', those opposed vote 'nc'. Voting is now open. The Lady from Marshall, Ms. Koehler, to explain her vote. One minute, Matan.”

Koehler

"Thank you, Mr. Speaker and Ladies and Gentlemen. I would like to explain sy opposition to this legislation. If you would check your digest and the Bill, you will notice that Representative Diana Nelson is the Sponsor... was the original Sponsor of this legislation, and in the House Energy and Environment Committee, this legislation 83 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 was forcibly removed from her sponsorship and given to Representative Marzuki by the replacement Democrat Leadership that was in Committee that day, and I think it is important to point out that she spoke very articulately on it and cared about it a great deal, and it was taken from her sponsorship, and so therefore, I am voting "no".

Speaker Greiman

"Mr. Van... I'm sorry. Mr. Van Duyne, one minute to explain your vote."

Van Duyne

"Thank you, Mr. Speaker. In Committee, this Bill was presented to us by Representative Nelson. I find it a little curious that, as she addressed the Bill, she said she didn't want to be an obstructionist, and in the light of the fact that she was the one that brought this Bill to us in the first place, I had intended to support this to give us some kind of more scrutiny and give us a little bit more latitude, but in... in the... in essence of what she's doing, I think I'm going to be just as hypocritical as she is and vote 'no', too."

Speaker Greiman

"Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 77 voting 'aye', 28 voting 'no', 4 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. We have in the center aisle an old and dear friend to many of us, Elmer Conti, who served in the Majority Leadership last year. Ladies and Gentlemen, we have finished the Order of... Special Call - Environment. In an hour and fourty-five minutes we have done about 20 Bills which is pretty good work. So if we keep working at this pace, we may be out of here by sundown. Alright. The Chair recognizes the Gentleman from Cock, Mr. Cullerton, for the purpose of a Motion."

Cullerton

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to reconsider the vote by which House 84 STATE OF ILLINCIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEВАТЕ May 25, 1984 125th Legislative Day Bill 3203 failed..."

Speaker Greiman

"Mr. Cullerton, did you vcte on the prevailing..."

Cullerton

"...having voted on the prevailing side."

Speaker Greiman

"Mr. Cullerton moves to reconsider the vote by which House Bill 3203 passed sic faileć). Does the Gentleman have leave for that Motion? Leave is hereby granted, and House Bill 3203 will be reconsidered.. Mr. Clerk, call the Bill... read the Eill."

Leone

"House Bill 3203, a Bill for an Act to add Sections to the Illincis Horse Racing Act. Third Beading of the Bill."

Speaker Greiman

"The Gentleman from Dekalb, Mr. Countryman."

Countryman

"Mr. Speaker, Ladies and Gentlemen of the House, not to reiterate what was said earlier this morning, I believe this is a good Bill, and I think that Mr. Cullerton DOW sees that it's a good Eill and will withdraw his objections. And I would tell you that it only will aid the Racing Board and the administration in their duties and would ask for your favorable vote. Thank you."

Speaker Greiman

"The Gentleman from Cook, MI. Leverenz." Leveren2: "Kould the Sponsor yield?"

Speaker Greiman

"Indicates he'll yield for a question?" Leveren2: "Did... Did Mr. Cullerton redeen binself..."

Speaker Greiman

"Give the Gentleman sose order." Leverenz: 2: "...On the second floor of the floor tuc and a half? Is that the reason for his Motion to do this?"

Countryman

"Mr. Cullerton and I seemed to have worked out any differences that we might have." Leverenz: cenz: "Did he give you any DP 100's in the last hour?"

Countryman

"Not to my knowledge."

Leverenz

"Did he supply any resumes to you in the last bour?"

Countryman

"No." 85 STATE OF ILLINCIS 83RD GENEGAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day

Leverenz

"why is he heing so nice to you?"

Countryman

"Be likes re."

Leverenz

"That's enough for me." May 25, 1984

Speaker Greiman

"Hr... Alright. The Gentleman from Cook, Br. Cullerton."

Cullerton

"Yes, thank you, Mr. Speaker. Mr. Speaker and Ladies and Gentlemen of the House, I do have an Amendment drafted here that I spoke to the Sponsor about this Bill, and this Arendment will undoubtedly be put on in the Senate kules Committee. And I would indicate that I think WE should vote on this Bill the way we normally vote on Hembers' first Bills."

Speaker Greiman

"Br. Matijevich, would you come to the podium, please? At your... in a moment. Further discussion? There being none, the question is, 'Shall this Bill pass?' All those in favor signify by voting 'aye, those opposed vote 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? kell, have all now voted who wish? Mr. Clerk, take the record. On this Bill there are 108 voting 'aye, 2 voting 'no", 1 vating 'present. And this Bill, having received the Constitutional Kajority, is hereby declared passed. Bepresentative Ereslin, would you come to the pcdium, please?"

Speaker Breslin

Special to "Ladies and Gentlemen, We are gcing the Order... Special Call on Pensions. Those Bills include House Fill 1211, Bouse Bill 2459, House Bill 2595, House Bill 2671, House Bill 2674, Ecuse Bill 2747, House Bill 2891 and House Bill 2906. The first Bill is House Bill 1211, Representative LeFlore. Is the Gentleman in the chamber? Call the Bill." a Act to amend

Leone

Third Reading of Clerk Leone: "HOUSE Bill 1211, Bill for an Sections of the Illinois Fension Code. the Bill." 86 STATE OF ILLINGIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day

Speaker Breslin

"Representative LeFlore."

LeFlore

"Mr. Speaker (sic Madar Speaker), Ladies and Gentlemen of the House, 1211, as amended, as I indicated yesterday, this is a provision that will allow the teachers who was on strike during the month of September and October in Chicago a chance to restore their pension rights, and it would... This Bill really it's... The money that we're talking about is a very small amount, and I just feel that they are due this as public servants of... of cur educational system. And these people are fixing to retiring, and it becomes in effect in December of 1985. So what I'm asking for is your affirmative vote on this Eill."

Speaker Breslin

"The Gentleman has moved fcr passage of House Bill 1211. And on that question, is there any discussion? Seeing no discussion, the question is, 'Shall House Bill 1211 pass?' All those in faver vote 'aye', all those opposed vote 'nc'. Voting is open. Have all voted who wish? The Clerk will take the... Have all voted who wish? The Clerk will take the record. On this question there are 60 voting 'aye, 48 voting 'no' and 2 voting 'present'. Representative Vinson, for what reason do you rise?"

Vinson

"For purposes of a verification."

Speaker Breslin

"The Gentleman asks for a verification. Representative LeFlore asks for a Ecll cf the Absentees."

Leone

"Foll of the Absentees. Dwight Friedrich. Harris. Krska. Mautino. McAuliffe. Taylor. White and Zwick."

Speaker Breslin

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

Marzuki

"Leave to be verified."

Speaker Breslin

"The Gentleman asks leave to te verified. Representative Dunn asks to be recorded as voting 'no". Be goes from 'aye' to 'no'. Representative Mulcahey asks leave to go from 'aye' to 'no'. That was John Dunn that 87 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 wished to change his vote from 'aye' to 'no'. On this Bill, therefore, there are only 58 voting 'aye', Representative Vinson. Is there anyone else who would like to change his or her vote? Representative O'Connell."

O'Connell

"From... Leave to change from 'no' to 'aye'."

Speaker Breslin

"Representative O'Connell goes from 'no' to 'aye'. Representative Homer goes from 'present' to 'no'. There are only 59 people voting 'aye' on this question at this time. Representative Hicks would like to change his vote from 'no' to 'aye'. Proceed with the verification, Mr. Clerk."

Leone

"Roll of the affirmative. Alexander. Barnes. Berrios. Bowman. Braun. Brockins. Bullock."

Speaker Breslin

"Excuse me, Mr. Clerk. Representative Kulas. The Gentleman asks leave to be verified, Representative Bresli... Representative Vinson. Proceed."

Leone

"Capparelli. Christensen. Cullerton. Currie. DeJaegher. DiPrima. Domico. Doyle. Farley. Flinn. Giglio. Giorgi. Greiman. Hannig. Hicks. Buff. Jaffe. Keane. Kulas. Laurino. LeFlore. Leverenz. Levin. Markette. Marzuki. Matijevich. McGann. McPike. Nash. O'Connell. Panayotovich. Fangle. Pierce. Preston. Rea. Rhem. Rice. Richmond. Ronan. Saltsman. Satterthwaite. Shaw. Slape. Steczo. Terzich. Turner. Van Duyne. Vitek. Wait. Wolf. Younge. McNamara. Mr. Speaker."

Speaker Breslin

"Do you have any questions of the Affirmative Call, Representative Vinson?"

Vinson

"Yeah, but I got to be careful, because there's some people I don't want to take off this. Representative Bullock."

Speaker Breslin

"Representative Bullock. Representative LeFlore the Gentleman indicates that Representative Bullock is in the Rules Committee meeting that is meeting right now, 88 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF BEPRESENTATIVES TRANSCHIFIION CEВАТЕ May 25, 1984 Representative Vinson. Do you wish to remove him?"

Vinson

"Yes, I do."

Speaker Breslin

"Remove Representative Fullock from the Boll Call."

Vinson

"Representative Wait."

Speaker Breslin

"Representative Wait. Is the Gentleman in the chamber? He is not. Bemove him."

Vinson

"Representative Domico."

Speaker Breslin

"Representative Domico. Is the Gentleman in the chamber? Representative Comico. Remove him."

Vinson

"Representative Levin."

Speaker Breslin

"Representative Levin? The Gentleman is in the chamber."

Vinson

"Representative Flinn."

Speaker Breslin

"Representative Flinn? Bepresentative Flinn? Is the Gentleman in the chanker? FEBOVE him. Representative Braun asks leave to be verified, Representative Vinson."

Vinson

"Certainly."

Speaker Breslin

"You have leave."

Vinson

"Representative Parnes.#

Speaker Ereslin

"Representative Parnes? Is the Lady in the chamber? Remove her."

Vinson

"Representative Krska."

Speaker Breslin

"Representative Krska. The Gentleman is in the chamber. The Gentleman is uct recorded as voting. The Gentleman asks to be voted 'aye. Representative Krska votes aye."

Vinson

"Representative Leverenz."

Speaker Breslin

"Representative leverenz. The Gentleman is in the chamber."

Vinson

"Representative McGann.."

Speaker Ereslin

"Representative McGann. The Gentleman is in the 89 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEВАТЕ 125th Legislative Day Vinson: chamber." "Representative Pierce."

Speaker Breslin

"Bepresentative Fierce.

The Gentleman is not in the chamber. Vinson

The Gentleman is not in the chamber. Vinson: "No further questions." May 25, 1984 Representative Fierce. Renove him."

Speaker Breslin

"Mr. Clerk, what is the count? On this Bill there are 55 voting 'aye, 49 voting no and 1 voting 'present'. Representative LeFlore, for what reason de you seek recognition?"

LeFlore

"Please return Representative Bullock to the Roll."

Speaker Breslin

"Representative Bullock has returned to the chamber. Add him to the holl Call. There are, therefore, 56 voting aye, 49 voting 'no' and 1 voting 'present'. This Bill, having failed to receive the necessary Majority, is hereby declared lost. House Bill 2459, Беpresentative Capparelli. Clerk, read the Eill." 2459, fcr

Leone

"House Bill a Bill an Act to amend Sections of the Illinois Pension Code. Third Reading of the Fil1."

Speaker Breslin

"Representative Capparelli."

Capparelli

"Madam Speaker, House Bill 2459 presently has formula surviving sxcuses and I have ceiling of 800 dollars. This would rove that ceiling and give them 50 percent of the annuity. Amendment #1 relieved the state from reimbursement of any liability. 1 have a motion from Metropolitan Sanitary District asking and requesting for this legislation, and this brings this legislation in conformance with the Chicago General Assembly, the Downstate Policenen, the Downstate Firegen, the Illincis Municipal Retirement Fund, State Employees, and I move for a favorable Roll Call."

Speaker Breslin

"Excuse пе, Representative Capparelli. This Bill is on the Order of Second Feading, because WE WELE 90 125th Legislative Day STATE OF ILLINGIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCEIFTION DEBATE May 25, 1984 holding it there for the purposes cf getting the fiscal note... the pension note filed. So the Bill will now be read on Second Reading and moved to Third. Read...'

Leone

"House Bill 2459, a Bill for an Act tc amend the Illinois Pension Code. Second Reading of the Bill. Amendment #1 was adopted previously."

Speaker Breslin

"Are there any Motions filed?"

Leone

"No Mctions filed."

Speaker Breslin

"... or Amendments filed?"

Leone

"No Atendments filed."

Speaker Breslin

"Third Beading. The Gentleman now asks leave for immediate consideration of this Bill ch Third Feading. The Gentleman from Livingston, Representative Ewing, for what reason do you rise?"

Ewing

"Yes. I would ask that he take that cut of the record for a few moments, or we'll object to leave."

Speaker Breslin

"Okay. Bepresentative Capparelli, is that acceptable? The next Bill is Representative Hannig's Bill, House Bill 2595, and that is in the same position on Second Reading. Mr. Clerk, read the Fill. 2595."

Leone

"House Bill 2595, a Bill for an Act to amend Sections of the Illinois Pension Code. Second Beading of the Bill. Amendments #1, 2 and 3 were adopted previously."

Speaker Breslin

"Are there any Mctions filed?"

Leone

"No Motions filed."

Speaker Breslin

"Are there any Amendments filed?"

Leone

"No further Amendments."

Speaker Breslin

"Third Reading. The Gentleran now asks leave for immediate consideration of this Eill on Third Reading. The pension impact hote has been filed. Is there any objection to leave? Representative Eking."

Ewing

"The same as the last. If he'll take it out of the record a moment, till we have a chance." 91 STATE OF ILLINGIS 83RD GENERAL ASSEMBLY HOUSE OP REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day

Speaker Breslin

May 25, 1984 The next "Very good. Representative Hannig. Bill... Bepresentative Greinan?"

Greiman

"Yes, I just had a parliamentary inguiry, Madam Speaker, as to whether or not leave was in fact necessary where the Bill has been on Second Reading, is held for a fiscal note, moved to Third Reading, not been arended on that day and is just moved to Third Beading that day."

Speaker Breslin

"The Gentleman is correct. Leave is not necessary. Therefore, it is... Representative Hannig, if you would like to do this as a courtesy to Bepresentative Ewing, I am sure he would appreciate it. Would you like to take it out of the record just for the noment?"

Hannig

"With some assurances that we could get back certainly would." to it. I

Speaker Breslin

"Very good. We'll come back to it immediately. Is that acceptable, Representative Ewing? He will take it out of the recard to give you a little time to look at it."

Ewing

"Yes, please. Thank you."

Speaker Breslin

"The next Fill to be called is House Bill 2671, Representative Greiman. Clerk, read the Bill."

Leone

"House Eill 2671, a Bill fcr an Act to amend Sections of the Pension Code. Third Beading of the Bill."

Speaker Breslin

"Representative Greiman."

Greiman

"Yeah, thank you, Madam Speaker, Ladies and Gentlemen of the House. Leave to have the Bill returned to the Order of Second Reading for an Amendrent."

Speaker Breslin

"The Gentleman asks leave to return House Bill 2671 to the Order of Second Reading for the purposes of an Arendment. Hearing no objection, the Gentleman has leave. Second Beading."

Leone

"Amendment #4, Greivan, atende House Bill 2671 as amended."

Speaker Breslin

"Thank you. Ladies and Gentlemen of the House, 92 STATE OF ILLINGIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 you will recall yesterday on this Chicago Teachers' Pension there was a provision that dealt with military service, adding that to the pension, the Fouse, in its wisdom, decided that that was not appropriate; and, accorôingly, Amendment #4 removes that provision from the... from the Bill. And I would ask adoption of Anenduent #4."

Speaker Breslin

"The Gentleman moves to adopt Amendment #4 to House Bill 2671. And on that question, the Gentleman from Vermilion, Bepresentative Stuffle."

Stuffle

"Sponsor yield to a guestion?"

Speaker Breslin

"The Gentleman will yield for a guestion."

Stuffle

"Sith this action then, what is contained in the Bill, if you take out prior military credit?"

Greiman

"That... Yes, whatever was in the Fill dealing with military service is removed from the Eill."

Stuffle

"What's left?"

Greiman

"Ch, in the Fill?"

Stuffle

"Yeah."

Greiman

"Oh, a great deal. This is a Eill put in at the request of the Fund to provide for its administrative... administrative changes, and it changes... eliminates the role of the Industrial Commission in verifying injuries, allows the Board some Board meeting. It provides for BEW nominees to be put on the ballot, you know."

Stuffle

"Okay. That's good. Thank you."

Speaker Breslin

"The question is, 'Shall Amendment #4 to House Bill 2671 be adopted?' All those in favor say aye", all those opposed say 'nay'. In the opinion of the Chair, the ayes have it. The Arendment is adopted. Απε there any further Amendments?"

Leone

"Floor Amendment #5, Greiman, anends House Fill 2671 as amended." Greiman; "Yes." 93 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day

Speaker Breslin

"Representative..."

Greiman

"Amendment #5 is... is the same as Amendment #2 was which it was withdrawn, and it equalizes the system of the medical care for retirees in the same way that the downstate teachers are allowed, and I would ask for its adoption. We have cleared it with the other... talked to the other side, and it apparently is agreeable."

Speaker Breslin

"The Gentleman moves for the adoption of Amendment #5 to House Bill 2671. And on that question, the Gentleman from Cook, Representative Piel."

Piel

"Would the Gentleman yield for a question?"

Speaker Breslin

"He will."

Piel

"Representative Greiman, could you explain this a little bit further? I noticed on just reading it here it says to help defray partial or full reimbursement of costs of the premiums of health insurance. And also I might as well ask both at the same time - what would the cost on this be?"

Greiman

"It costs about a million dollars a year. About that."

Piel

"Picked up by the state?"

Greiman

"No, by the Fund."

Piel

"I'm sorry. I'm sorry."

Greiman

"Not by the state, no."

Piel

"Okay then, would you explain to me exactly what, you know, explain the Amendment a little further, you know, when you're talking about..."

Greiman

"Amendment 2... or Amendment 5 now, previously Amendment 2, provides that the Board reimburse certain annuitants. This is annuitants whose annuity is less than 1800 dollars per month who are eligible for Medicare parte benefits. And that's what it is about. That's what the downstate teachers have, and this conforms the Chicago benefits to the downstate teachers' benefits." 94 STATE OF ILLINCIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day

Piel

"Thank you."

Speaker Breslin

"The question is, 'Shall Amendment #5 to House Bill 2671 be adopted?' All those in favor say 'aye', all those opposed say nay". In the opinion of the Chair, the ayes have it, and the Arendment is adopted. Are there any further Amendments?"

Leone

"No further Amendments."

Speaker Breslin

"Third Beading. Sepresentative Greiman."

Greiman

"I move for the suspension of Eule 37(d)... (c) in order to have the Bill considered this day."

Speaker Breslin

"The Gentleman asks leave for immediate consideration of House Bill 2671. There any objection? Hearing no objection, the Gentleman bas leave. Froceed, Representative Greiman."

Leone

"House Bill 2671, a Bill for an Act to amend Sections of the Illinois Fension Code. Third Reading of the Eill."

Speaker Ereslin

"Bepresentative Greiman."

Greiman

"This Bill is put in at the reguest of the Chicago Teachers' Pension Fund, and it provides them with various administrative changes. It, as I have indicated, criginally there was a request for military benefits. That has been deleted. It provides fcr... The initial Bill provides for a change in the ... in the limitations that they may own, in terms of stocks and convertible debts and increases that from 40 percent tc 50 percent. We have discussed the Bill previously, and I ask for a favorable Roll Call."

Speaker Breslin

"The question is, 'Shall House Bill 2671 pass?' And on that question, the Gentleman from DeWitt, Representative Vinson."

Vinson

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I rise in support of the Gentleman's Bill BOW. 95 125th Legislative Day STATE OF ILLINOIS 83RD GENEBAL ASSENELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 There are no longer substantively pension benefits in this Bill. And what the Bill does is to change certain administrative requirements in the system, ycu know, in a fashion which should increase the investment income of the system. I believe that this is a good pension Bill, and I would urge an 'aye vote." be

Speaker Breslin

"The question is, 'Shall Ecuse Fill 2671 adopted... be passed? All in favor vote 'aye', all opposed vote 'no'. Voting is open. This is final passage. Have all voted who wish? The Clerk will take the record. On this question there are 20... there are 97 voting 'aye, 10 voting 'no' and 1 voting present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Going back now to Representative Capparelli's Bill, House Bill 2459. Representative Capparelli. Clerk, read the Bill."

Leone

"House Bill 2459, a Bill fcr an Act to amend Sections of the Illinois Pension Code. Third Beading of the Eill."

Speaker Breslin

"Representative Capparelli."

Capparelli

"Yes, as I said before, this relieves a ceiling of 800 dollars for widows and makes it 50 percent of the annuity. Amendment #1 relieved the reimbursement of the state. I have a motion from the Metropolitan Sanitary District trustees asking and requesting for this legislation to bring it in compliance with the other downstate legislation. I move for adoption.".

Speaker Breslin

"The Gentleman has acved for the passage of House Bill 2459. And on that question, is there any discussion? Seeing no discussion, the question is, 'Shall House Bill 2459 pass?" All those in favor vote aye, all those opposed vote 'no'. Voting is CHER. Representative Homer. Have all voted who wish? The Clerk will take the 96 125th Legislative Day STATE OF ILIINCIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 record. On this question there are 71 voting 'aye", 30 voting 'no' and 5 voting present'. This Fill, having received the Constitutional Majority, is hereby declared passed. House Bill 2595, appearing on page two on your Calendar, Representative Hannig. Clerk, read the Bill."

Leone

"House Bill 2595, a Bill for an Act to amend Sections of the Illinois Pension Code. Third Reading of the Fill."

Speaker Breslin

"Representative Fannig."

Hannig

"Thank you, Madam Speaker, Members of the House. This proposal, with Amendment #231, would provide that a teacher could not retire on a given day and then come back into the system as a temporary employee and, in effect, draw two salaries for a period of 60 days. What is happening under the present law is, for example, a teacher could retire during the normal school year on a Friday and come back and work on a temporary basis OD Monday, could draw their normal pension and could draw a salary in addition to that. What this proposal does is simply prohibit that practice from happening; and, by putting the 60 day time frame in there, we provide that this will not happen, except perhaps over a summer of some extended period of time. The net effect of this House Amendment with Amendment #1 would be that there would be a net, but small, but a net savings to the teachers retirement syster. This Amendment... or this Bill was amended yesterday. Amendment #2, which Representative Nautino offered, basically would afflict just a few individuals and has a minor impact. And Amendment #3, which Representative Leverenz cffered, addresses a problem that arise... arose because of a... a group of people which we once bad in this state called the Illinois Bureau of Investigation. Those individuals actually were under the Social Security, and that was a 97 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 decision that the State of Illinois made. When that Eureau was disbanded and those individuals were then brought into the Department of Law Enforcement, they were put under the normal pension systems that cur state employees have. And what we're saying is that for that period of time, that because of the decision of the State Government to have them under Social Security, that they, in effect, should not be penalized and that we should give them credit for that time. So that's what the Bill does, and I would move for its passage."

Speaker Breslin

"The Gentleman has moved for passage of Bouse Bill 2595. And on that question, the Gentleman from Livingston, Bepresentative Ewing."

Ewing

"I have Some concer about wouldn't' there be an opportunity sometimes or a need sometimes for a teacher to come back and substitute within 90 days of their retirement? Fven if they came in for one day, would they be taken off their retirement?"

Hannig

"The Amendment #1 made it 60 days, but you are correct. That 60 day period would be in effect."

Ewing

"Even if they only came for one day as a substitute?"

Hannig

"Yes, that's correct."

Ewing

"Could you enlighten us a little more on the few people that were helped by Representative Mautino's first Amendment?"

Hannig

"If you have any other questions, I'll try to find Representative Mautino to answer that question in just a second."

Ewing

"The only other question I had was about the... kas that the second Amendment? The third Amendment then. I didn't quite understand from your explanation what we were doing."

Hannig

"Madam Speaker, on Amendment #3, Ferhaps, if Representative Leverenz could explain this Amendment, he 98 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 perhaps could do a better job."

Speaker Ereslin

"Representative Leverenz."

Leverenz

"Yes, Representative, there were certain agents that were part of the IBI for a period of 1969 through 1975, and they were taken out of the regular employee retirement system. And they were receiving a lower amount, and this would have... will put them back into the regular retirement system. It has an accrued liability of 270,000 dollars to the system. It's because of the small period of time and a few people that were special agents in the old IBI system that we're bringing into the regular system."

Speaker Breslin

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

Hannig

"Yes, thank you, Madam Speaker, Members of the House. This proposal, as amended, has basically very small pension costs, less than 300,000 dollars. The actual part that has to do with the teachers is proposal that is supported by the teacher organizations. They feel that it is appropriate that a teacher not quit work on Friday and come back to work on Monday and draw a pension and also draw a salary. They are... They are supporting this Bill. So I think that we're just simply trying to help some people who, through no fault of their own an Amendments 2 and 3, find themselves in a unfortunate situation. And I think that the Bill, as a whole, is a good Bill, and I would ask for your help."

Speaker Breslin

"The question is, 'Shall House Bill 2595 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted the wish? The Clerk will take the record. On this question there are 107 voting 'aye', 2 voting 'no' and none voting 'present'. This Bill, having received the Constitutional Majority, is hereby 99 STATE OF TILINOIS 83RD GENERAL ASSEMBLY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day declared passed. May 25, 1984 Calendar Appearing on page eight on your is House Bill 2674, Representative Greiman. Read the Bill."

Leone

"House Bill 2674, a Bill for an Act to amend Sections of the Illinois Pension Code. Third Reading of the Bill."

Speaker Breslin

"Eepresentative Greiman."

Greiman

"Thank you, Speaker, Ladies and Gentlemen of the House. 2674 responds to Arizona versus Norris decision of the United States Supreme Court and Frovides that life annuities for employees or wives or widcus shall not differ on the basis of gender where the difference currently exists. That's a mandate from us from the Supreme Court of the United States of which we are obliged to respond. The second portion of the Bill, which kas an Amendment, provides that the reversionary... if a reversionary annuitant dies after the employees' retirement before the employee annuitant, that the reduced annuity being paid shall be increased to the original annuity. That's the annuitant's own money, of course, that's being paid. And so, it doesn't matter. The pension impact note provides that there are no costs involved with Anendment #1. The cost of the reversionary annuity is paid for through a reduction in the employees' pension. Accordingly, I would ask for a favorable Roll Call for House Bill 2674."

Speaker Breslin

"The Gentleman has moved for passage of House Bill 2674. And on that question, the Gentleman from Cook, Representative Cullerton."

Cullerton

"The Sponsor yield?"

Speaker Breslin

"The Gentleman will yield for a guestion."

Cullerton

"I understand that the Supreme Court has dictated to us that we make this change. Could you tell Us what the cost factors would be as a result of the Supreme Court's 100 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day decision?"

Greiman

"Yes, we have a pension impact note that provides that the mandate of the Supreme Court indicates that it will be a hundred thousand dollars per year, Mr. Cullerton."

Cullerton

"Are they going to send us the money?"

Greiman

"The Supreme Court, Mr. Cullerton?"

Cullerton

"Right."

Greiman

"That's the United State's Supreme Court."

Cullerton

"oh. Ch, they wouldn't be doing that."

Greiman

"Not the Illinois Supreme Court. They probably won't, but they may give you a credit on your income tax, if you want one or sowething."

Cullerton

"No. Okay. Thank you."

Speaker Preslin

"There being no further discussion, the question is, 'Shall House Bill 2674 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Clerk will take the record. On this question there are 109 voting 'aye', none voting 'no' and 2 voting 'present'. This... none voting 'present'. Excuse me. This Bill, having received the Constitutional Majority, is hereby declared passed. Appearing on page three on your Calendar appears House Bill 2747, Representative McAuliffe. This Bill is on the Order of Second Reading. Mr. Clerk, read the Eill."

Leone

"House Bill 2747, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. Amendments #1 and 2 were adopted previously."

Speaker Breslin

"Are there any further Motions?"

Leone

"No further Motions."

Speaker Breslin

"Any further Amendments?"

Leone

"No further Amendments."

Speaker Breslin

"Has the pension impact note been filed?"

Leone

"State mandates fiscal note has been filed as 101 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REFRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day May 25, 1984 amended and pension isfact note has been filed as amended."

Speaker Breslin

"Third Reading. The Gentleman DOW MOVES for immediate consideration of House Eill 2747 Is there any objection? Hearing no objection, read House Bill 2747 cn Third Reading."

Leone

"House Bill 2747, a Bill fcI an Act to amend Sections of the Illinois Pension Ccde. Third Reading of the Bill."

Speaker Breslin

"Bepresentative Capparelli."

Capparelli

"Roger McAuliffe has asked me to handle this in his absence. It amends the Chicago Police Article. The following provisions are made: increases retirees annuity, and those determinations was due to duty disability from 400 to 450 dollars; increases the widows minimum annuity from 250 to 300; raises the automatic increase in the annuity from two to three percent for those retired since 1967; increases the death benefit, but it also increases the employers contribution from $2.50 to $4.CC a month to pay for the benefits. And I ask for a favorable Acll Call."

Speaker Breslin

"The Gentleman moves for passage of House Bill 2747. And cn that question, is there any discussion? Seeing no discussion, the question is, "Shall House Bill 2747 pass? All those in favoΙ vote 'aye', all those opposed vote "no". Voting is open. Eave all voted hc wish? The Clerk will take the record. On this question there are 86 voting aye, 20 voting по ard 4 voting 'present". This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bullock, the Fill has already been declared passed. House Bill 2891, appearing ΟΠ page three cn youz Calendar. Representative Madig... Madigar. Representative Capparelli. Clerk, read the Bill." 102 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Leone

"House Bill 2891, a Bill for an Act to amend the Illinois Pension Code. Second Reading of the Bill. Amendment #1 was adopted previously."

Speaker Breslin

"Are there any Motions filed?"

Leone

"No Motions filed."

Speaker Breslin

"Are there any Floor Amendments?"

Leone

"Floor Amendment #2, Terzich, amends House Bill 2891 as amended."

Speaker Breslin

"Representative Terzich, on the Amendment #2 that has been filed."

Terzich

"Yes, Madam Speaker, I would like to withdraw Amendment #2."

Speaker Breslin

"Withdraw Amendment #2. Are there any further Amendments?"

Leone

"No further Amendments."

Speaker Breslin

"Have all impact notes been filed as amended?"

Leone

"Pension impact note filed as amended and state mandates fiscal note filed as amended."

Speaker Breslin

"Third Reading. The Gentleman, Representative Capparelli, now asks leave for immediate consideration of House Bill 2891. Is there any objection? Hearing no objection, this Bill will be heard on Third Reading. Read the Bill."

Leone

"House Bill 2891, a Bill for an Act to amend the Illinois Pension Code. Third Reading of the Bill."

Speaker Breslin

"Representative Capparelli."

Capparelli

"House Bill 2891 amends the Chicago Firefighter Retirement Act. It increases the duty disability pay from 400 to 450, like the police, increases the minimum survivors' annuity from 250 to 300 and increases it two to three percent annual automatic increase for the retirees. I ask for a favorable Roll Call."

Speaker Breslin

"The Gentleman moves for passage of House Bill 103 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day 2891. And on that guestion, is there May 25, 1984 discussion? any Seeing no discussion, the question is, Shall House Fill 2891 pass? All those in favor vote 'aye", all those opposed vote no. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 60 voting 'aye', 35 voting 'no' and 11 voting present. This Fill, having received the necessary Constitutional Majority, is hereby declared passed. Appearing on page three on your Calendar is House Bill 2906, Representative O'Connell. Clerk, read the Fill."

Clerk Lecne

"House Bi11 2906, a Bill for an Act tc amend the Illinois Pension Code. Second Reading of the Bill. Amendments #1 and 2 were adopted frevicusly."

Speaker Breslin

"Are there any Motions filed?"

Leone

"No Motions filed."

Speaker Breslin

" "Are there any Floor Amendments?"

Clerk Lecne

"Floor Amendment #3, Jaffe, amends House Bill 2906 as amended."

Speaker Breslin

"Representative Jaffe, on the Amendment." Jaffe: #Yes, Hadam Speaker, this is merely an IFB Amendment. It's a technical Amendment.. It has some cleanup language. And I would urge its adoption."

Speaker Breslin

"The Gentleman for the adoption of Amendment #3 to House Bil1 2906. And on that question, is there any discussion? Hearing no discussion, the guestion is, 'Shall Amendment #33 to House Pill 2906 adopted? All those in favor say aye, all those opposed say 'nay. be In the opinion of the Chair, the ayes have it, and the Amendment is adopted. Are there any further Amendments?"

Leone

"No further Amendments." "Have all impact notes been filed as required?"

Speaker Breslin

Leone

"All... All impact notes have been filed as 104 STATE OF ILLINCIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION CЕВАТЕ 125th Legislative Day required.

Speaker Breslin

"Third Reading. The Gentleman May 25, 1984 Dow asks leave Is there for immediate consideration of House Fill 2906. any objection? Hearing no objection, this Fill will be heard on Third Beading. Bead the Eill."

Leone

"House Bill 2906, a Bill fcr an Act to amend Sections of the Illinois Pension Code.. Third Reading of the Eill."

Speaker Breslin

"Representative O'Connell."

O'Connell

"Thank you, Madan Speaker. Ecuse Eill 2906 addresses the Judicial Fension System. It does several things. First of all, as you may recall, two years ago we passed a Bill which provided that on the last day of a Judge's time of service would be counted as the salary under which the pension would be based. That provided SODE ridiculous situations where Judges would delay their retirement for one particular day, where the salary Bay have increased. We feel that that is... is a distortion of the intent of the legislative... Legislature in Froviding for that. Accordingly, we provide that the annual salary would be prorated over the entire year, rather than the last judicial day. Secondly, the Fill provides for an elimination of the penalties for a retirement prior to the age of 60 between the ages of 55 and 60 provided that the particular Judge had at least 25 years of service. So Ne are restricting that only to those who had 25 years or more service. Lastly, what the Pill does is provides that a Judge who also served as a Chicago policeman would be able to purchase time from the Chicago... transfer credits from the Chicago Policemen's Fension irto the Judicial Retirement System. Presently, there is no reciprocity, and this would provide, if the particular individual makes the purchase representing the difference between the Chicago 105 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 Policemen's Pension and the Judicial Pension, he may transfer those credits in. It is really a restrictive provision, and I would ask for its favorable adoption."

Speaker Breslin

"The Gentleman moves for the passage of House Bill 2906. And on that question, the Gentleman from Cook, Representative Leverenz."

Leverenz

"Sponsor yield to a quickie?"

O'Connell

"Yes."

Speaker Breslin

"He will."

Leverenz

"Is it that the Judges' retirement will be based on their last day?"

O'Connell

"No, no. It's just the opposite. Amendment 2 guts that. It provides that if the..."

Leverenz

"That's enough. Last year is fine. Last day's pay, terrible. Thank you."

Speaker Breslin

"The Gentleman from Kendall, Representative Hastert."

Hastert

"Quickie, also. Didn't we just... Would the Sponsor yield?"

Speaker Breslin

"Of course."

Hastert

"Yeah, didn't we just pass a Bill like that last year?"

O'Connell

"No, Representative Hastert, we passed a Bill that makes it their last year."

Hastert

"That's what we want it to be, last year, right?"

O'Connell

"Oh, Representative, the original of this Bill tried to put it back to the last day. We gutted that, put it back to the last year. So you're absolutely correct."

Hastert

"If we passed that, what's the need for this Bill?"

O'Connell

"Well, in explaining the Bill, on your analysis, it probably had the last day. Amendment 2 gutted it to bring it back to the last year. If my explanation was defective, Representative Jaffe has been handling it, and I just picked it up today." 106 STATE OF IILINOI IS 83RD GENERAL ASSEME MELY HOUSE OF REPRESENTAT ATIVES TR RANSCRIPTION DEBATE 125th Legislative Day

Hastert

"I'm not... Fine," May 25, 1984

Speaker Breslin

"The Gentleman from Cock, Befresentative Jaffe."

Jaffe

"Just an explanation. What is in the ligest, Denny, isn't the Bill anymcre. We gutted the entire Bill. So you can forget about that. The only two things that are left are those things that Representative O'Connell has alluded to."

Speaker Breslin

"The Gentleman from Will, Representative Van Duyne."

Van Duyne

"Will the Gentleman yield for a question?"

Speaker Ereslin

"he will."

Van Duyne

"... a few quickies. Does this Fill, in any way, shape or form, adjust the Legislators' pension?"

O'Connell

"Not at all."

Van Duyne

"Why not?"

O'Connell

"This Bill just doesn't address that."

Van Duyne

"Aren't we always SG cogrizant and so intent on raiding our Judges and leaving ourselves sitting along side the road?"

O'Connell

"I'm sorry, I didn't hear the...

Van Duyne

"You don't want to address that, do you?"

O'Connell

"I'm not... I didn't really hear the guestion."

Van Duyne

"I'm just... I'm just jesting you. I'm being a little bit facetious."

Speaker Breslin

"The Gentleman has moved for passage of House Bill 2906. Do you wish to close, Representative C'Connell? The question is, 'Shall House Bill 2906 pass?' All those in favor vote 'aye, all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. Cn this question there are 65 voting 'aye", 37 voting 'no' and 7 voting 'present. Representative Bullock asks to be added to that Roll Call. There are, therefore, ६६ voting aye', 37 voting *no'... Bullock 'aye'.. 66 vcting 'aye', 37 voting 107 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIΡΤΙΟΝ ΣΕВАТЕ May 25, 1984 "no" and 7 voting "present". This Eill, having received the Constitutional Majority, is hereby declared passed. NOW, on the Special Order of Call, we will go to that Order of Business dealing with Human Services. Cn page five of your Calendar appears House Bill 1658, Representative Braun. Clerk, read the Bill."

O'Brien

"House Bill 1658, a Pill for an Act to amend Sections of the Illinois Public Aid Code. Third Reading of the Eill."

Speaker Freslin

"Representative Eraun."

Braun

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. House Fill 1651 clears up a gap that occurred in the General Assistance Program and provides that a person is eligible even if they are an older teenager. It relates only to that category of people between the ages of 18 and 21. The Department of Public Aid is in support of the legislation as amended, and I urge your support."

Speaker Breslin

"The Lady has moved for the passage of House Bill 1658. And on that question, the Gentleman from Winnebago, Representative Hallock."

Hallock

"Will the Sponsor yield for a guestion?"

Speaker Breslin

"She will."

Hallock

"When you refer to general assistance, are you talking about statewide or only that general assistance which is funded by the state which is essentially Chicago?"

Braun

"Pardon? I'm sorry."

Hallock

"When you talk about general assistance, are you talking about statewide general assistance, in terms of local township facilities, or alsc... in cther Winnebago County and other facilities we may have in general assistance, or you talking about only that type of general assistance which is funded by the state?"

Braun

"This... Many townships are already čcing what this Bill 108 STATE OF ILLINOIS 83RD GENEBAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 does. Okay? But the folicy is not uniform statewide, and this Bill will make it a uniform policy to conform Chicago with the rest of the state that may already be doing this."

Hallock

"What I'm trying to clarify is that many townships fund their own through local taxes, their own general assistance programs..."

Braun

"Right."

Hallock

"But the State of Illincis, through the Department of Public Aid, funds General Assistance in Chicago."

Braun

"Right."

Hallock

"And what I'm trying to find out, will this apply to all the townships and local units of governments as well, cr will this just apply to Chicago, because they are funded by the state?"

Braun

"I'll have to check my file, Representative."

Speaker Breslin

"The Gentleman from Dekitt, Representative Vinson, on the Bill. The Gentleman does not wish to speak to this Bill. The Gentleman from lake, Representative Peterson."

Peterson

"Thank you, Madam Chairman (sic-speaker). Would the Sponsor yield?"

Speaker Breslin

"She will"

Peterson

"Representative Braun, isn't the current policy of public aid that an individual between 18 and 21 has to live apart from his parents for six months before he is eligible? Does this Eill eliminate the six month period?"

Braun

"Right. No. No, it doesn't affect anything. It just... I has to do with the 18 to 21 year olds which were eliminated altogether from the program by virtue of SODE legislative action we tock, I guess, in the 81st General Assembly... 82nd General Assembly."

Peterson

"Okay. So what you're saying is that this would put back in the 18 to 21 year old group, but the six month 109 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 period would still be in tact with this legislation."

Braun

"Yes."

Peterson

"Thank you very much."

Speaker Breslin

"There being no further discussion, the Lady from Cook, Representative Braun, to close."

Braun

"I would urge your support. I apologize to Representative Hallock that I don't have it in front of me to be able to answer the question. I believe this is limited in its application, but I don't know that for a fact. This Bill will simply clarify the policy, and, again, it has the support of the Department."

Speaker Breslin

"The question is, 'Shall House Bill 1658 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will take the record. On this question there are 80 voting 'aye', 30 voting 'no' and 2 voting 'present'. This Bill, having received the necessary Constitutional Majority, is hereby declared passed. Appearing on page five on your Calendar is House Bill 1663, Representative Currie. Clerk, read the Bill."

O'Brien

"House Bill 1653... 1663, a Bill for an Act to amend Sections of the Illinois Public Aid Code. Third Reading of the Bill."

Speaker Breslin

"Representative Currie."

Currie

"Thank you, Madam Speaker and Members of the House. House Bill 1663 provides for an expansion in the state's Emergency Assistance Program for those who are eligible for public assistance generally in the state. The value of the Bill is that it will enable the state to capture more federal reimbursement dollars. The Program has been capped. The language was carefully drawn in conjunction with the Department of Public Aid. I urge your support for House Bill 1663, and I would be happy to answer any 110 STATE OF JILINCIS 83RD GENERAL ASSEMBLY HOUSE OF BEPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day questions."

Speaker Breslin

"The Lady moves for passage of House Bill 1663. And on that question, the Lady from Cook, Representative Topinka."

Topinka

"Yes, may I ask a question of the Sponsor on this good Bill?"

Speaker Ereslin

"Yes."

Topinka

"Could you explain as to whether or not we get any type of federal funding back if we put some money into this Bill?"

Currie

"Yes, we do, Representative Topinka. Presently, many of the people who are in need of emergency aid, without these provisions, have to be offered help without any kind of federal reimbursement at all. The expansion in this Program only applies to people for whom federal reimbursements will be available. And the fact that we will spend these few dollars means that we will substantially expand the population of... eligible for benefits, and we will be bringing more federal dollars into Illinois."

Topinka

"How much would this cost the State of Illinois to expand this?"

Currie

"A maximum of 500,000 dollars. The actual cost could be less. There can be no more than a 500,000 dollar state cost."

Topinka

"And how much would we get back?"

Currie

"As many dollars as we put in. If we spend the 500,000 dollars, we will achieve an additional 500,000 dollars from the Federal Government."

Topinka

"So we break even?"

Currie

"Yes."

Topinka

"Thank you."

Speaker Breslin

"There being no further discussion, the Lady 111 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day from Cook, to close." May 25, 1984

Currie

"Thank you, Madam Speaker. I'd urge 'yes' votes on House Bill 1663."

Speaker Breslin

"Question is, 'Shall House Bill 1663 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 87 voting 'aye', 21 voting 'no' and 5 voting 'present'. This Bill, having received the necessary Constitutional Majority, is hereby declared passed. Appearing on page five on your Calendar is House Bill 2321, Representative Topinka. Clerk, read the Bill."

O'Brien

"House Bill 2321, a Bill for an Act in relation to experimental organ transplantation procedures. Third Reading of the Bill."

Speaker Breslin

"Representative Topinka."

Topinka

"Madam Speaker, may I have permission to bring this back down to Second Reading for a purpose of an Amendment?"

Speaker Breslin

"The Lady asks leave to return this Bill to the... to the Order of Second Reading for the purposes of an Amendment. Does the Lady have leave? Hearing no objection, the lady has leave. Second Reading."

O'Brien

"Amendment #3, Topinka, amends House Bill 2321 as amended and so forth."

Speaker Breslin

"Representative Topinka."

Topinka

"Yes, Amendment #3, which has been worked out by the Illinois State Medical Society, the Illinois Hospital Association, the Department of Insurance, the Illinois... well, the Department... the Insurance Council, the Insurance Law Study Commission and all that you could possibly involve in on this, puts together the Experimental Organ Transplantation Procedures Board and proceeds to give them some direction of where to go on this front. It is a 112 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 medical board that would determine how the reimbursements would be handled on transplantations of organs."

Speaker Breslin

"The Lady moves for the adoption of Amendment #3 to House Bill 2321. And on that question, the Gentleman from Effingham, Representative Brummer."

Brummer

"Yes, are the various health insurance companies agree... in agreement with the provisions of Amendment #3?"

Topinka

"Yes. They were there and helped to put it together. So their input has been in on this Bill since day one right up to the present."

Brummer

"Okay. Could you briefly explain what is in Amendment #3 in addition to the fact that many of those people are in agreement?"

Topinka

"Alright. It is rather complex, because we are talking about basically, you know, a scientific procedure and how this is going to be reimbursed. But it basically it creates the Illinois Experimental Organ Transplantations Procedures Act, and then it establishes the methods and the procedures by which an eligible person may have any expenses stemming from an experimental organ transplant paid for either by an insurance company or by the state. If, for instance, the insurance company could not cover and, by virtue of the regs that are provided in here, we would provide a maximum individual grant under this Bill of 200,000 dollars through the State of Illinois, because we would be creating a fund, through an accompanying appropriation, wherein it would catch anybody who kind of fell through the cracks, as far as insurance reimbursement. This basically sets up a 12 member gubernatorially appointed Board to review experimental organ transplant claims that have been rejected by a private insurance carrier, and the 12 member Board would recommend to the Director of Public Health who would have the final approval 113 STATE OF ILLINCIS 83RD GENERAL ASSENELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 or disapproval of... of the authority on a claim. It also limits people who would be seeking these to those who would be worked up through a teaching hospital. So it immediately puts is lids and kind cf keeping this frCIE becoming a proliferation of organ transplantations throughout the state, would become effective immediately."

Brummer

"Do you have a ... a fiscal impact ncte on this?"

Topinka

"Three million dollars beginning FY #86."

Brummer

"And annually thereafter in a similar amount?"

Topinka

"Fardon me?"

Brummer

"Is there... Is it anticipated there will be a similar amount each year thereafter?"

Topinka

"I would think SO, yes, because it is basically a limited number of people..."

Brummer

"Thank you."

Topinka

"... seeking this. Governor has signed off on that, by the way."

Speaker Breslin

"There being no further discussion, the Lady from Cock, to close."

Topinka

"Ladies and Gentlemen, I think what's important about this Bill, I think we're getting into an area of law bere which is just totally uncharted. We're one of the first states to go into it. I think many of us have already been faced with the problems that have happened by people in our districts who have sought varicus types of organ transplants, namely liver transplants. They have been just tied up for reimbursement. It's become a terrible problem. It's become a very ineguitable syster, in that if you were cute and cuddly, a baby, you had clcut in the White House, you knew your Legislator, you could somehow move it, you knew how to do Ek, you could get it funded, you could bear pressure on your insurance company, you could do any number of things, and you got it reimbursed. There are those 114 STATE OF ILLINCIS 83RD GE GENERAL L ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 other who don't have that kind of clout or whc could nct bring it off in this lifesaving procedure. If, indeed, you know, we are going to look forward to an expansion of organ transplantation as an expansion of life; because, if you don't have these operations, the alternative is death, we ars going to have to kind of address the idea of how we're going to fund these. I think it's a fair program.. It's been worked out by everybody who could possibly be involved in it, and I would encourage your support. It's the way to go. Thank you."

Speaker Breslin

"The Lady moves for the adoption of Amendment #3 to House Bill 2321. All those in favor say aye, all those opposed say nay. In the opinion of the Chair, the 'ayes have it, and the Amendment is adopted. Are there any further Amendments?"

O'Brien

"No further Amendments."

Topinka

"May I have permission to bring it back tc Third for passage?"

Speaker Breslin

"Third Beading. The Lady now asks leave for immediate consideration of House Bill 2321. Is there any objection? Bearing no objection, the Lady has leave. Third Reading. Read the Bill."

O'Brien

"House Bill 2321, a Fill for an Act in relation to experimental organ transplantation Frocedures. Third Reading of the Fill."

Speaker Breslin

"Sepresentative Topinka."

Topinka

"I think I have covered pretty guch all that is involved now, because basically this third Amendment makes up the Bill. And I would be willing tc answer any questions."

Speaker Breslin

"The Lady moves for passage of House Bill 2321. There being по discussion, the question is, 'Shall House Bill 2321 pass?' All those in favor vote 'aye!, all those 115 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIFTION CEBATE 125th Legislative Day May 25, 1984 opposed vote 'no'. Voting is open. Fepresentative Homer. Have all voted who wish? The Clerk will take the record. On this question there are 108 voting 'aye', 4 voting 'no' and 1 voting 'present'. This Bill, having received the necessary Constitutional Majority, is hereby declared passed. House... Appearing on page eight on ycur Calendar is House Fill 2670, Representative Currie. Clerk, read the Fill."

O'Brien

"House Bill 2670, a Fill for an Act to amend Sections of the Illinois Marriage and Dissolution of Marriage Act. Third Reading of the Eill."

Speaker Breslin

"Representative Currie."

Currie

"Thank you, Madam Speaker and Meaters of the House. House Bill 2670 has been the topic of pretty hot conversation in this Assembly as Amendments have been added and Amendments have been subtracted to the Eill over the last several days. In its final foru, House Bill 2670 merely provides that if two parties to a dissolution of marriage agree cost of living increases can be provided for in both the child support and any maintenance order that is entered with respect to that decree. It's a fairly straightforward proposition. The reason we need this Bill is because an Appellate Illinois Court concluded that there is no statutory authority for providing for cost of living adjustments in... in either of these kinds of decrees, and it is, therefore, important that we frovide, in legislation, that the child support orders can include cost of living adjustments. I'd be happy to answer any questions, and I would appreciate ycur support for House Bill 2670."

Speaker Breslin

"The Lady moves for passage of House Fill 2670. And on that question, the Gentleman from Cook, Representative Cullerton." 116 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day

Cullerton

"Just for clarification's sake. May 25, 1984 Could you tell us which Amendments have been adopted and which have not?"

Currie

"The only Amendment that is on the Bill presently is Amendment #1. House Amendment 1."

Cullerton

"And Amendment #1..."

Currie

"Amendment 1 provides that the... that the cost of living adjustment can be provided in the decree only if both parties agree to it."

Cullerton

"Right. Fine. Thank you."

Speaker Breslin

"The Gentleman from DuPage, Representative McCracken."

McCracken

"Just for the record so that the Bill originally started that the order could be entered regardless of whether there was an agreement. Correct?"

Currie

"That's right, Representative. Amendment 1..."

McCracken

"And the Amendment limits it to situations of agreement only."

Currie

"House Amendment 1, which is on the Bill... where both parties agree."

McCracken

"And the trust Amendment's been pulled off."

Currie

"All... The only... the only provisions in the Bill are those that I've described."

McCracken

"And the marital, non-marital Amendment is not on it now either, is it?"

Currie

"That's right. That's right."

McCracken

"Okay."

Currie

"The only Amendment is House Amendment 1 that provides that the cost of living adjustment can be included in the decree if both parties agree."

McCracken

"Okay. Thank you."

Speaker Breslin

"The question is, 'Shall House Bill 2670 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will 117 STATE OF ILLINOIS 83RD GENERAL ASSENELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 take the record. Cn this guestion there are 110 voting *aye, none voting 'no' and 1 voting 'present. This Bill, having received the Constitutional Kajority, is hereby declared passed. Appearing on page 11 on your Calendar is House Bill 3162, Representative Bullock. Clerk, read the Bill."

O'Brien

"House Bill 3162, a Fill for an Act to amend Sections of the Illincis Lottery Law and an Act in relation to state finance. Third Reading of the Eill."

Speaker Breslin

"Representative Eullock."

Bullock

"Thank you, Madam Speaker and Ladies and Gentlemen of the Bouse. House Bill 3162 has been amended twice. Amendment #1, by Vinson, appropriates Icttery proceeds into the Common School Fund. I think that Amendment had sufficient discussion in cne of CUI earlier Sessions. Arendment #3 essentially attempts to establish a... a local school fund also. I'd like to yield to the Joint Sponsor, Representative Braun, for further explanation and comment. If there are no further questions, I'd ask for an aye vote."

Speaker Breslin

"Gentleman moves for passage of House Bill 3162. And on that question, is there any discussion? The Lady from Cook, Representative Eraun."

Braun

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. We discussed this Amendment later on yesterday evening. And I hope you take a serious look at the Bill now, because is really is a... a really innovative, I think, proposal for school funding that will go a long way toward easing the burdens not only of the Chicago schools, but of all the schools throughout the state. Essentially, the Amendment calls for a surcharge of... a 25 percent surcharge on Lottery tickets, and that surcharge will go into something specifically designated as a school fund to 118 STATE OF ILLINCIS 83RD GENERAL ASSEMBLY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 be allocated in the district, in the school district where the dollars are generated.. So the Borey will essentially follow the kids, if you will, in the district where the Lottery tickets are purchased. It will provide for every school district in the state an additional support for educational services. And alsc I want to point cut, it also responds, I think, to the issue which is raised by our constituents all the time which is where did the Lottery money go, and isn't it supposed to go for schools? This Amendment makes it pretty clear that, at least as far as this 25 percent is concerned, that it will go for schools."

Speaker Breslin

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

Bullock

"Thank... Badam Speaker and Ladies and Gentlemen cf the House, House Bill 3162 is an innovative financing mechanism for public school education. It is the highest priority in this state. We are now bordering on a new venture which will allow us to, in fact, use the Icttery proceeds for the purpose for which they were criginally intended. I submit to you that its time has come, and I would urge an 'aye' vote."

Speaker Breslin

"The question is, 'Shall Ecuse Bill 3162 pass?' All those in favor vote "aye", all these opposed vote "no". Voting is cpen. Representative Vinson, to explain his vote."

Vinson

"Madam Speaker, I ша у have misled Some people in conversations in regard to this Bill. The Amendment which has been adopted, #3, did not delete putting the State Lottery funds into the Common School kund. I had thought it did. It does not delete that. As a result, I would urge people to vote 'yes' on this Eill. This still puts the Lottery money into the Common School Fund, and it is ckay." 119 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF BEFRESENTATIVES TRANSCRIPTION CЕВАТЕ 125th Legislative Day Speaker Breslin: your vote. May 25, 1984 "Representative Giorgi, one minute to explain

Giorgi

"Little did the 14 Members that still sit in the House think ten years ago that you'd guys be divvying up the pot, and most of you guys wouldn't support the lottery it is was here as it was ten years ago. Now we're going to hit the two billion mark. We made a hundred millionaires, and you're all trying to ride the tandwagon. It's too late. Ten years ago the train went by."

Speaker Breslin

"Representative... Representative Dunn, to explain his vote. John Dunn." Dunn, J.: "I was interested in the Leader's comments on the other side of the aisle, because what he's doing is encouraging us to vote for this legislation to take the heat off the administration which has failed to fund elementary and secondary education at an adequate level this year. What the administration is going to say when this Bill passes and becomes law is to look what we've done. We've done the best we could. We've transferred the Lcttery money into the Common School Fund, and that won't do one thing to get more dollars for education. What you've got to do is lobby for the schools, lobby for the teachers, lobby for the kids and forget public relations Eills like this. This is a bad Bill. Beat it."

Speaker Breslin

"Representative Friedrich, to explain his vote."

Friedrich

"Well, despite the fact I'm voting for this, this is kind of a hoax, because we're taking the money out of General Revenue for education now. But if you want to start making this a partisan issue, I would remind you that a lot of people and particularly some downstate Democrats last year didn't have the intestinal fortitude to vote a tax to keep the schools afloat. They took the cards way out and said they were supporting education, when they 120 125th Legislative Day STATE OF ILLINCIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 weren't willing to support the tax."

Speaker Breslin

"Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 96 voting 'aye', 13 voting 'no' and 2 voting 'present'. This Bill, having received the necessary Constitutional Majority, is hereby declared passed. On the Special Call dealing with State Transportation and Construction appears House Bills 2657 and 2911. The first Bill to be called is House Bill 2657. It's on page three on your Calendar. Representative Barnes. Clerk, read the Bill."

O'Brien

"House Bill 2567, a Fill for an Act to amend Sections of an Act in relation to fire protection districts. Third Reading of the Eill."

Speaker Breslin

"It's 2657, Mr. Clerk. 2657."

O'Brien

"House Bill 2657, a Fill for an Act to amend Sections of the Capital Development Bond Act. Third Reading of the Bill."

Speaker Breslin

"Representative Barnes."

Barnes

"Madam Speaker, Ladies and Gentlemen of the House, House Bill 2657 increases the Capital Development Board bond authorization levels by approximately 82 million dollars, and some of the departments involved are Education, Corrections, Conservation, Public Health, State Facilities, Port District, Water Resources, Frivate Health Education, Food Products Research and Library Grants."

Speaker Breslin

"This Bill is on the Order of Short Debate. Does anybody rise in opposition? There being no opposition, the question is, 'Shall House Bill 2657 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will take the record. On this question, there are 105 voting 'aye', 4 voting 'no' and 3 voting 'present'. This Bill, 121 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF BEPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 having received the necessary Constitutional Majority, is hereby declared passed. Appearing on page four on your Calendar is Bouse Bill 2911, Representative Byder. Clerk, read the Fill."

O'Brien

"House Bill 2911, a Bill for an Act to amend Sections of the Illinois Vehicle Code. Third Reading cf the Fill."

Speaker Breslin

"Representative Hyder, do you intend to present this Bill for passage? Take this Eill cut of the record. Appearing on Special Order of Call under Banking and Finance appears House Fills 1063, 2780, 2961, 569 and 2900. We will now take the Special Order of Eusiness dealing with State and Local Government Administration. The first Bill on that Call is House... appearing on page three on your Calendar is House Bill 703, Бepresentative Younge. Clerk, read the Fill."

O'Brien

"House Bill 703, a Bill for an Act in relation to family resource centers and providing for grants therefore. Third Reading of the Bill."

Speaker Breslin

"Bepresentative Younge."

Younge

"Leave to put that in Interim Study."

Speaker Breslin

"The Lady asks leave to put this Eill cn the Order... in Interim Study. Does the Lady have leave? Hearing no objection, the Lady has leave. For all of those who wish to put their Bills still appearing on the Calendar into Interim Study, you do not need to do SO verkally ΟΣ get leave. You can merely sign a slip which the Clerk has down here at the well. I encourage everyone to do that as quickly as possible. We are already at 1:15 in the afternoon on a deadline day. So please proceed to the well and put Bills into Interim Study if you can so that we can save time. We... House Bill 1063 on page... appearing on page four in your Calendar. Representatives Fierce. 122 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 Clerk, read the Bill."

O'Brien

"House Bill 1063, a Bill for an Act to amend Sections of the Illinois Bank Holding Company Act. Third Reading of the Bill."

Speaker Breslin

"Representative Fierce. Before that, there has been a request that all unauthorized persons leave the floor. Ladies and Gentlemen, all unauthorized persons are requested to leave the floor. Thank you very much. Representative Fierce."

Pierce

"Madam Speaker, because of reciprocal interstate banking concept is now being recognized by everyone as an essential way of saving the Continental International Bank and because we have not, as yet, finalized the method that that institution will be saved, I will, at this time, take the Bill out of the record. I understand the Speaker has a table back in his office where he puts these Bills. They call it the... And he's got a special table back there in the Speaker's Office, and he's going to keep that Bill there until we resolve what we're going to do here and bring this Bill forward to save Illinois' largest banking institution and modernize our banking laws."

Speaker Breslin

"The Gentleman asks to take this Bill out of the record. Would you like to put it into Interim Study, Representative Fierce? Very good. Out of the record. Previously, we passed House Bill 2657 by an Extraordinary Majority. That Bill needed an Extraordinary Majority, and is has passed by the necessary Extraordinary Majority, House Bill 2657. The next Bill appearing on State and Local Government Administration on page 13 on your Calendar is House Bill 1334, Representative Terzich. Clerk, read the Bill."

O'Brien

"House Bill 1334, a Bill for an Act to amend Sections of an Act to create sanitary districts. Third 123 STATE OF ILLINCIS 83RD GENERAL ASSEMBLY HOUSE OF BEFRESENTATIVES TRANSCRIFTION DEBATE May 25, 1984 125th Legislative Day Reading of the Bill."

Speaker Breslin

"Representative Terzich."

Terzich

"Yes, Mrs. (sic-madam) Speaker, Ladies and Gentlemen of the House, the existing statutory salary schedule for members and officers of the Board of Commissioners provides for a modest incremental increase every two years through 1984. This Bill extends the schedule by providing a.. 6000 dollars in increases and three steps beginning in January 1987. And without this Amendment, the salary of the Commissioners elected in 1984, which is three, will be frozen for the full six year term. It would also put them on parity on the present salary adjustment that the other six commissioners are. And I'd appreciate your favorable support."

Speaker Breslin

"Gentleman moves for passage of House Bill 1334. And on that question, is there any discussion? Seeing no discussion, the question is, 'Shall House Bill 1334 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will take the record. On this question there are 63 voting 'aye', 42 voting 'no' and 1 voting 'present'. This Bill, having received the necessary Constitutional Majority, is hereby declared passed. Appearing on page five on your Calendar is House Bill 2323, Representative Braun. Clerk, read the Bill."

O'Brien

"House Bill 2323, a Bill for an Act to amend Sections of the Code of Civil Procedure. Third Reading of the Bill."

Speaker Breslin

"Representative Braun."

Braun

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. House Bill 2323 is something that your local governments need to have put in place. What it essentially does is establish a statute of limitations on recovery of 124 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 taxes which have been later determined by a court to have been illegally or unconstitutionally collected so that we... that our local governments are not open-ended in these kinds of after-the-fact liability situations. This Bill establishes a statute of limitations, and it has been worked out from its original form so that the Taxpayers' Federation and others are no longer in opposition to it."

Speaker Breslin

"The Lady moves for passage of House Bill 2323. And on that question, the Gentleman from Fffingham, Representative Brummer."

Brummer

"Yes, will the Sponsor yield?"

Speaker Breslin

"She will."

Brummer

"Representative Braun, last night we adopted an Amendment late, Amendment #2. I was under the mistaken impression that Amendment #2 simply deleted the last sentence from the Bill so that it became prospective only. Upon closer scrutiny, it was determined that there were some other changes in the Bill dealing with a customer of a taxpayer. This Bill addresses an important issue, and I guess at this late date we maybe ought to pass it out of here. I guess my question to you is this - after examining that more closely, I think the Illinois Taxpayers' Federation now has some concern about it. I think it is fair to say that they think this issue ought to be addressed, and it ought to be further examined in the Senate. Are you willing to request that this Bill be held in the Senate until that concern is addressed?"

Braun

"Okay. Representative, I don't know if that was a question or not. I mean, the statement, but let me..."

Brummer

"My question is, are you..."

Braun

"Let me respond first to your statement, and then I'll respond to your question. With regard to customers, the deletion of this language does not really change the Bill 125 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day Hay 25, 1984 significantly. They are still prctected, and this really amounts to ne more than a technical one. But if you have a question about it and you want... and you want to have that question addressed, or anyone else for that matter, I will commit now on this floor to hold it until those issues are resolved in the Senate, yes."

Brummer

"In the Senate, yes. The Taxpayers Federation has the question about it."

Braun

"Yeah, I don't think it... I think it's a technical matter that... for which... over which there should be no concern; however..."

Brummer

"Ckay. Fine."

Braun

"... in light of the fact that you're standing up now, there obviously is. And so, we'll work that concern out in the Senate."

Brummer

"Okay. Fine. Thank you."

Speaker Breslin

"The Ge Gentleman from Dufage, Representative McCracken."

McCracken

"will the Sponsor yield?"

Speaker Breslin

"She will."

McCracken

"What is your understanding of the prospective nature of this now? Does it apply to cases, for example, which are already filed?"

Braun

"NO."

McCracken

"Okay. Does it apply to prohibit defending against an attempt by the city to enforce tax liatility? For example, if you have a case on file ncw defending against a city enforcement action.."

Braun

"Okay."

McCracken

"... and the city we're seeking to impose three years back taxes..."

Braun

"Okay."

McCracken

"... would this prohibit the defense from going beyond 126 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day the first year; that is, the city would against you for the prior two years?" May 25, 1984 have a cause

Braun

"NO. I don't know that I fully understand ycur question, but I don't think so, because the Bill makes it clear that the objection... the ... it runs from the time an objection is manifested. Alright? And ٤٥, if you are defending against something that goes back three years, to USE your example, I would think that that would not be impaired by the operation of this legislation."

McMaster

"Well, it is your intent that it not be impaired?"

Braun

"It is my intent."

McMaster

"Okay. Thank you."

Speaker Breslin

"The Gentleman from Cook, Bepresentative Levin."

Levin

"Represent... Would the Representative yield for a question?"

Braun

"Yeah, she will."

Levin

"Okay. In Committee, you indicated that the... the Bill would be amended to be at least... at least COVEI a tuc year period if not three year period. What does the Fill do now?"

Braun

"Representative, I had indicated... In Committee, Representative Greiman... As you know, any statute of limitations is arbitrary, and Bepresentative Greiman had raised the notion that he thought that a two year limitation would be more apprcfraite. Fersonally, I didn't have a problem with that, in fact, would be so inclined. However, on checking with it, apparently the cost to local governments for doubling the time span would be potentially guite dramatic. And ٤٢, after... after working on the Fill and working it out, the one year statute of limitation was agreed иров as the place... Pardon? Was agreed upon as the limitation which would be put in place with this legislation." 127 125th Legislative Day STATE OF ILLINGIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES

TRANSCRIPTION DEBATE Speaker Breslin

TRANSCRIPTION DEBATE Speaker Breslin: "The Gentleman from Cook, Representative Greiman." May 25, 1984

Greiman

"I wonder if the Lady would yield for a question."

Braun

"Right."

Speaker Ereslin

"She will."

Braun

"Oh... I was just told something that I should have said in my earlier statement, and this way respond to what you want to say. It does expand the... the time length by starting... the starting time goes back to the moment that an objection is manifested. So it really... The Amendment really does expand the operation of the Act so that the year that we're talking about is not a short year, as would have been otherwise."

Greiman

"Well, Ms. Braun, is there a such a thing as a long year and a short year? Isn't a year 365 days? Even in Chicago, isn't it?"

Braun

"No. The date at which the year is computed from and the now, under this formulation of the legislation..."

Greiman

"Well, okay..."

Braun

"... the date on which it is computed from extends longer."

Greiman

"The question... You're right, but it's a year. You know, I understand. A year under this Bill... This Bill does not seek to redefine a year or a number of days in a year."

Braun

"No."

Greiman

"Is that correct?"

Braun

"No, no."

Greiman

"That's good. Who are the folks that agreed? You said this has now been agreed..."

Braun

"I'm sorry."

Greiman

"... to be... to be a one year... Can you tell me who are the interested parties?" 128 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Braun

"I'm sorry, Representative Greiman. It was... I may have misspoke, to use the term. The Taxpayers' Federation worked with representatives of the city and representatives... and I, frankly, don't even know who else is involved in the negotiations, but there were negotiations around this legislation. And I was given to understand that it had been signed off on."

Greiman

"Well, the Taxpayers' Federation and the... perhaps doesn't have a great conflict of interest with the City of Chicago or the city in this case. They may not have a very significant conflict of interest. They don't... I don't know that they're on different sides of it, but I think that people who are looking for... looking for return of illegal and unconstitutional taxes are a separate breed apart. Now, what I wanted to ask you - does this... How does this treat pending cases?"

Braun

"Again, the pending cases are not affected. It applies only to..."

Greiman

"Is that cases that have been filed in the Circuit Court at this time?"

Braun

"That's right. That's right."

Greiman

"So a case... it is your intent then that a case in the Circuit Court now pending, striking at a tax..."

Braun

"Would not be..."

Greiman

"... that this Act would not be applicable to that. Is that correct?"

Braun

"Right."

Greiman

"Madam Speaker, on the Bill, Representative Braun correctly states that if you double the time from one year to two years, you would double the time... the amount of the illegal taxes that the... that the city or a city or a municipality may retain. She's, of course, right. That's good mathematics, I suppose. If taxes are relatively 129 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 level, and you went back two years, it might double the amount. But the question is - we are dealing with taxes that have been illegally, unconstitutionally, as the case may be, levied. Taxes which were nc taxes at all. NOW we're saying that when a municipality receives taxes, puts it in their pocket, but they're wrong, but they're wrong in taking those taxes, that, in this case, they only have to give back a year. Never mind that they do it for four years or three years or even a... 18 months, but that they do it for just a year - that's all they have to give back. NOW, that's not a bad deal, I suppose, for them. They don't give you the same deal in your taxes. They don't say, "Well, Greiman, if you only cwe us two years of taxes, we'll only take one year of taxes, because you know you've probably spent the money, you know." Well, that's right, I spent the money just like... just exactly like the city says. "We spent the money." But the money wasn't their's to spend. They ought to have to give it back. Now, I understand there should be some limitations of these actions so that the city doesn't have to be concerned 20 years from now about money that was there, but I certainly think that one year is outrageously narrow. We don't even hear about the tax for... for... most taxpayers don't hear about it for a couple of months so that we're talking about an incredibly small window of vulnerability. That's how I get the Republicans. Window of vulnerability and so, therefore, we should... I think we should defeat it or put it on Postponed Consideration, extend it to 18 months or two years and then I'd be very happy to join and give my vote to that Bill."

Speaker Breslin

"The Gentleman from Knox, Representative Hawkinson."

Hawkinson

"Thank you, Madam Speaker. Will the Sponsor yield?" 130 STATE OF ILLINCIS 83RD GENERAL ASSEMBLY HOUSE OF REFRESENTATIVES TRANSCRIPTION DЕВАТЕ 125th Legislative Day

Speaker Ereslin

"She will." Hawkinson:

Braun

"Representative, this vas May 25, 1984 debated thoroughly in the I think we even bad to have two votes ConcerOS of the Members of that answer given to that Judiciary Committee. on it, and one of the Committee was trying to find out who were trying to save, who we're trying to prevent from having to give back what they illegally collected money to whom. And there was question in Judiciary Committee. And SO I'd like to pose it once again. This Bill was originally set up to not only apply prospectively, but to apply to pending appeals that had not yet been completed. And I think this Eody ought to have a right to know to whom this Bill is going to apply." never a satisfactory "Alright. Representative, since the Bill is prospective, first to clarify some things. First off, with regard to illegally collected taxes, that sounds really volatile, and that sounds like a horrible situation. Eut a municipal government is at risk until a court has determined that the tax is legal on whether or not those taxes which may have been collected shall remain in their treasury or can te available for local municipal uses, because... And so since we don't have a statute of limitation on these kinds of actions in the law presently, this Fill was generated. Now, those local governments may have collected the taxes in good faith, may have used the taxes to fund local uses, sebers and hospitals and streets and the like, but are still at risk in the absence of any kind of... in the absence of a court ruling. Now, this... this Bill applies prospectively. It does not relate to anybody that's currently in court or any issues that are currently in court. The reason for doing it is because we do need το have some policy in this state to establish a statute of limitations in this area of, thought, and maybe 131 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 mistaken... chviously mistakingly at this point, that there had been SORE meeting of the rinds on both sides of the aisle as to what was an appropriate time for such a limitation. That apparently is not the case. And so Mr. Speak... Madam Speaker, I'd like to take this Fill out of the record for поя."

Speaker Breslin

"There being nc further discussion, the Lady from... Out of the record. On... Appearing on page five on your Calendar is House Bill 2379, Representative Eowman. Clerk, read the Bill."

O'Brien

"HOUSE Bill 2379, a Bill for an Act to amend Sections of the Civil Administrative Code. Third beading of the Bill."

Speaker Ereslin

"Representative Ecwwan."

Bowman

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. This Bill is a permissive Bill which gives the Department of Law Enforcement the authority to make grants to units of local governments and school districts for gang crime prevention. It reguires a local match. It is limited to non-personnel expenses only. It is a Fill that addresses an important problem, and I move for its Fassage."

Speaker Breslin

"The Gentleman has moved for passage of House Bill 2379. And on that question, is there any discussion? Seeing no discussion, the question is, 'Shall House Bill 2379 pass?' All those in favor vote *aye, all those opposed vote no. This is final passage. Have all voted who wish? The Clerk will take the record. Cn this question there are 94 voting 'aye, 18 voting 'no' and 1 voting present'. This Bill, having received the necessary Constitutional Majority, is hereby declared passed. Appearing on page six in your Calendar is House Bill 2613, Representative Bea. Clerk, read the Bill." 132 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

O'Brien

"House Bill 2613, a Bill for an Act in relation to traffic violation citations. Third Reading of the Bill."

Speaker Breslin

"Representative Rea."

Rea

"Thank you, Madam Speaker, Members of the House. House Bill 2613 is a Bill that has come forth as a result of issuing a number... a certain number of citations for the purpose of promotions and also to collect revenues in many of the towns. This Bill would provide that peace officers shall not be required to make arrests or issued a certain number of citations for violation of laws or ordinances concerning the operation of motor vehicles. The Bill affects police department number of tickets issued practices in two ways. It prohibits their use in regard to traffic arrests and citations, and it excludes a number of tickets attainment as a measure of police officer jet performance. And this has become... since we have identified it as a problem a little over a year ago, we have had contact from throughout the state that this has become a problem that we should be dealing with, and I would ask for an affirmative vote"

Speaker Breslin

"The Gentleman moves for passage of House Bill 2613. And on that question, the Gentleman from Macon, Representative Dunn. John Dunn." Dunn, J.: "Sponsor yield for a question?"

Speaker Breslin

"He will" Dunn, J.: "Do the mine workers support this Bill?"

Rea

"I haven't asked them."

Speaker Breslin

"The Gentleman from McLean, Representative Ropp."

Ropp

"Madam Speaker, would the Sponsor yield?"

Speaker Breslin

"He will."

Ropp

"In the problems that you have indicated we've had in the last year or so, have there been cases where those people who receive tickets for any reason, subject to coming up 133 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION LEBATE 125th Legislative Day May 25, 1984 with their quota, have any of those tickets been issued illegally in terms of not really being a violation?"

Rea

"Yes. In fact, even withic our own state police system where a number of tickets were issued along an interstate, and the people were not even stopped. They were given tickets. They took down their license number. They issued the ticket. The driver never even received notice, was not stopped. And later, when stopped for maybe SODE other violation, found out that they had a warning ticket, and this was only to meet the number of tickets or the number of contacts. So there has been a problém, yes."

Ropp

"Okay. I wasn'亡 aware of that. 1 guess, in general theory, I'm not sure that this... 1 think WE may be interfering with the administrative process of a particular agency, and I, although I'm sure this Bill is going to pass, and I'm going to probably vote against it. 1 think we're getting to the point where we're trying to tie the hands of administrators who are trying to provide fcr safety and particularly on our highways and throughout cur state. And I didn't vote for the previous Fill dealing with state police, and I'm not sure this is a good idea either."

Speaker Breslin

"The Gentleman from Cock, Representative Nash."

Nash

"Thank you, Madam Speaker, Ladies and Gentlewen of the House. I rise in support of this fine piece of legislation. It's way overdue. In Chicago, for example, we have a problem now with the squad cars that are equipped with computers, and the police have nothing to do but play around, knock your license plate punter out and pull the people over and write citations. In the past three months, they can't figure out my license plates have been stopped three times, and the police... I even asked them the reason why. They said they thought it was a hot car. So it's way 134 STATE OF ILLINCIS 83RD GENERAL ASSEMBLY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 overdue, and we do need this fine piece of legislation. I urge an 'aye vote for it."

Speaker Breslin

"There being no further discussion, the question is, 'Shall House Bill 2613 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will take the record. Cn this question there are 74 voting 'aye', 35 voting 'no' and 1 voting 'present'. This Bill, having received the necessary Constitutional Majority, is hereky declared passed. Appearing on page seven cn your Calendar is House Bill 2620, Bepresentative Capparelli. Representative Capparelli. Out of the record. House fill... Appearing on page seven on your Calendar is Bouse Bill 2931, Representative Zwick. Out of the record. House Bill... Appearing on page ten on your Calendar is House Bill 3062, Representative Ewing. Clerk, read the Fill."

O'Brien

"House Bill 3062, a Eill for an Act relating to tax collection and enforcement. Third Reading of the Bill."

Speaker Breslin

"Representative Ewing."

Ewing

"...Mr... Madam Speaker, Ladies and Gentlemen of the House, this is the third and final Bill in the Governor's STEF program dealing with stop tax evasion. This Fill has been amended. There were three Amendrents filed. The first Amendment was withdrawn. The second Amendment, an agreed Amendment, dealt with the problem that the bottlers had with this Bill, and that was worked out. And Representative Giorgi put on Amendment #2. The third Amendment dealt with a problem that the retail merchants had with this legislation. NOW, there is still sare question in regard to the percentage in the third Amendment. The retail merchants would like scEE additional conversation with the Department when this Bill gets to the Senate, but they are not opposing the passage of this Bill 135 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMELY BOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 at this time. The other provisions of this Eill deal with modification of the statute of limitations in... As this Bill is written, it eliminates the three year statute of limitations for people who do nct file returns. This is the same way that it is for the IncomeE Tax Law. And in this case, we're dealing with sales tax and motor fuel tax. It eliminates... It extends the frovision from five to twenty years for liens in regard to tax liens filed by the Department. It changes provisions for filing notice of lien. Currently, it's two years and, with the slowness of our court system, many times that's not satisfactory, and we're extending that to three years. It extends... the interest is payable on penalties as well as of interest up until the taxes are paid. It provides for additional funds for the purchase cf contraband be advanced ky investigators. And it makes the illegal possession of over 40,000 unstamped cigarettes a felony, just like it is for the transportation of these cigarettes. I would be glad to try and answer any questions."

Speaker Breslin

"The Gentleman has roved for passage of House Bill 3062. And on that question, is there any discussion? Seeing no discussion, the guestion is, *Shall House Bill 3062 pass?' All those in favor vcte 'aye', all those opposed vote 'no". vote." Mautino: Representative Nautino, to explain his "Tom, I believe that this has the provisions that allows for an overpayment to be applied as a credit, does it not? It eliminated that crazy process cf good Bill." memorandum?

It's a Speaker Breslin

It's a Speaker Breslin: "Have all voted who wish? The Clerk will take the record. On this question there are 107 voting 'aye', none voting "no" and none voting present'. This Bill, having received the necessary Constitutional Kajority, is 136 STATE OF ILLINOIS 83RD GENERAL ASSEMEIY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day hereby declared passed. I May 25, 1984 would still remind the Membership that if you have fills that you would like to put into Interim Study, come to the well and merely sign a slip. The next Bill appearing on State and Local Government Administration is Ecuse Eill 305... 3085 Representative appearing on page 11 on our Calendar. Vinson.. Representative Vinson, 3085. Cut of the record. Appearing on page 12 on our Calendar is Bouse Bill 3231, Representative Cullerton. Clerk, read the Bill."

O'Brien

"House Bill 3231, a Eill for an Act to amend Sections of the Code of Civil Procedure. Third Reading of the Eil1."

Speaker Breslin

"Representative Cullerton."

Cullerton

"Madam Speaker, as a courtesy to the Mincrity leader, I would ask that we take this Bill out of the record. I do want to call it today. Today is the deadline, and I would appreciate if he could get back to me on his position on this Bill. So I'll take it out of the record right BCW, with leave to come back."

Speaker Breslin

"Cut of the record with leave to come back. Appearing on page 12 on our Calendar is House Bill 3232, Representative Buff. Clerk, read the Fill."

O'Brien

"House Bill 3232, a Bill for an Act concerning federal weatherization programs. Third Reading of the Eill."

Speaker Breslin

"Bepresentative Huff."

Huff

"Thank you, Madam Chairman (sic-speaker). House Eill 3232 is a very simple Bill. It was requested by the Department of Housing. It seeks statutcry authority to extend the certification period from six months to a year. I'd happy to answer any questions." be

Speaker Breslin

Speaker Breslin: "The Gentleman moves for passage of House Bill 3232. And on that question, is there any discussion? The 137 STATE OF ILLINOIS 83RD GENEBAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th legislative Lay Gentleman from Cook, Representative May 25, 1984 Cullerton. Representative Cullerton."

Cullerton

"I have no questions."

Speaker Breslin

"No questions. The question is, 'Shall House Bill 3232 pass?' All those in favcr vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will take the record. Cn this question, there are 95 voting 'aye', 13 vcting 'no', and 1 voting *present'. This Bill, having received the necessary Constitutional Majority, is hereby declared passed. Appearing on page three cn your Calendar is 3253, Representative White. Representative White. We'll take this... House Bill 3253. Out of the... Out of the record. House... Appearing on page five on your Calendar is House Bill 2416, Representative Hicks. Clerk, read the Bill."

O'Brien

"House Bill 2416, a Pill for an Act in relation to occupation and use taxes on oil field equipment. Third Reading of the Bill."

Speaker Breslin

"Representative Bicks."

Hicks

"Yes, Madam Speaker, Ladies and Gentlemen of the House, House Bill 2416 amends the State Occupation and Use Tax (sic Act), exempting oil field equipment in the excess of $1,000 from such tax. The Bill is... is needed in parts of the country... in the state, here, where oil field exploration is going on. Currently, in my district, I just had a oil field company that moved cut of my district, moved into the State of Indiana, that does not have this type of tax, took 91 employees with ther. The fiscal note is on file with it, and I'd be happy to answer any questions. I ask for its passage."

Speaker Breslin

"The Gentleran has moved for passage of House Bill 2416, and on that question, is there any discussion? The Gentleman from DeWitt, Representative Vinson." 138 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Vinson

"Madam Speaker, will the Sponsor yield for a question?"

Speaker Breslin

"He will."

Vinson

"Representative, is this the Bill that provides the tax break for oil well drilling equipment?"

Hicks

"Representative Vinson, this takes the sales tax off oil field equipment, as we have with farm equipment, as we have for manufacturing equipment across the state."

Vinson

"I'm sorry. I can't hear you."

Hicks

"Yes, Representative Vinson, this Bill takes the sales tax off of oil field equipment in excess of $1,000, similar to what we've done with farming equipment, manufacturing type equipment. That's what the Bill does."

Vinson

"Okay. Thank you. To the Bill, Madam Speaker. Madam Speaker, I wonder if we... if you would restore some order in the chamber, please? Madam Speaker and Members of the House, it is fascinating to me to have the proposition offered that we need to take the taxes off oil well drilling equipment, or people won't drill oil wells in Illinois. Now, it seems to me that in many cases, limiting a tax or reducing a tax is a good way to get economic activity, and I'm frequently in favor of that. But in this specific case, I want to you think about the logic. Oil only occurs in certain places, and where that oil occurs, that's where you've got to drill for it. You can't drill for that Illinois oil in Indiana or Texas or someplace else, so there's no situation where this will encourage economic activity in Illinois. All this is - the only thing this Bill can be - is a giveaway to the oil industry, and I would urge a 'no' vote on this pernicious Bill."

Speaker Breslin

"The Gentleman from Kendall, Representative Hastert."

Hastert

"Would the Sponsor yield, please?"

Speaker Breslin

"He will." 139 STATE OF ILLINGIS 83RD GENERAL ASSEMBLY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Hastert

"Representative, is your proposition here to deal away or take away the sales tax on oil field equipment - the engines, tubes, pipes, rigs, drills, all these types of things? Is that your proposition? Sir, would you yield?"

Hicks

"Yes, Sir. I'd be happy to yield. The Eill takes in excess of $1,000. It takes off the sales tax cnly on that, and as I explained to you, the need for such a Bill, since Indiana doesn't have this type of tax, Kentucky does not have this type of tax. This is states that we have... adjoining states. We're losing businesses every single day, as I simply said a while ago."

Hastert

"Kell, Representative, let ΠΕ ask you a question. That's an interesting proposition that you have there, too. You're saying that, necessarily, we're not taking people away from drilling holes in Illincis, right? Unless ycu maybe live right on the border, you can draw kind of a slanted hole, or something. But what I think, here, Sir, don't we have to pay occupational use tax anyway?"

Hicks

"No, Sir. What it does, it does not... Currently, if a drilling company is operating out of Indiana, let's say, for instance. They come into Illinois and drill every day. We don't charge them tax on their equipment. They don't pay tax on their equipment. They come in, and it's unfair competition for our local producers, cur local drillers to do such a thing. They buy a rig in another state, of course. They come into Illincis and they pay tax on that state... on that rig, bere in Illincis - a local firm dces. But what about the competition that's leaving this state, the producers that are leaving this state, going to Indiana, going to Kentucky, every day. As I said, 1 just lost 91 jobs out of my district - 91 jobs. We spend it every day, here, more than a million dollars every single day, for 91 jobs. And I would suggest to you, Sir, that 140 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 rather than losing more businesses, we need this in Illinois."

Hastert

"Well, Representative, I... maybe, empathize with you. I just lost, I think... only by maybe 25 jobs. They were all water well drillers moved out of my district and into your district. But anyway, I think this is a bad precedent. We're talking about, again, another sales tax exemption. We've heard the story over an over again - an exemption here, and exemption there, and all of a sudden, we're raising taxes in another area, and I would ask for a 'no' vote."

Speaker Breslin

"The Gentleman from Livingston, Representative Ewing."

Ewing

"Will the Sponsor yield?"

Speaker Breslin

"He will."

Ewing

"Representative, does this also exempt the local tax?"

Hicks

"Yes, Sir, it does."

Ewing

"Did... Was there a mandate note filed in this case?"

Hicks

"There was a fiscal note filed on the case."

Ewing

"No, fiscal note, but they're different... a mandates note. Do you know if one was filed?"

Hicks

"There was never one requested, Sir."

Ewing

"Alright. Well, Ladies and Gentlemen of the House, we've heard some... what some of the other opponents to this legislation have said, and I think there's certainly good reason to be protective of our sales tax base in this state. We've already gone a long way towards destroying the largest single source of taxes in this state. In addition, this Bill would take away revenue from local governments in the area, and I think, would be subject the state to reimburse those local areas for the loss of that revenue, if we vote 'yes' and pass this Bill out. I would encourage a 'no' vote." 141 125th Legislative Day STATE OF ILLINOIS 63RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984

Speaker Breslin

"The Gentleman from Madison, Representative Rolf."

Wolf

"Madam Speaker, I move the previous question."

Speaker Breslin

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

Hicks

"Yes, Madam Speaker, I see we've caused a little controversy here in the chambers. I apologize to some of the Members for that, but let me simply state that the situation that currently exists in Illinois and throughout Illinois is a similar type problem we've had with a lot of different types of industries in our state. We've moved to take care of those problems in the industries... in other industries in the state, and I would suggest to you that it's the time that we do so in the oil industry. Currently, of course, the oil industry is one of the largest employers in my district, period, also in several districts surrounding me. We're talking about losing not just a few jobs, we're talking about losing hundreds of jobs every year to the unfair competition that Indiana and Kentucky are currently... currently exist, and I would suggest that in order to stop the mass exodus of companies out of Illinois that are paying taxes, paying income taxes in the State of Illinois, having jobs, making jobs in the state, that an 'aye' vote is the right vote for this, and I would ask for its approval."

Speaker Breslin

"The question is, 'Shall House Bill 2416 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative Friedrich to explain his vote."

Friedrich

"Well, with all respect to those on this side of the 142 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 aisle who spoke against this, I don't think they know that much about the cil industry and how motile it is. And as Representative Hicks has pointed cut, these drilling companies can have their domicile in Indiana just the sane as they can in Illinois, and it's just as easy to establish headquarters over there to pay their tax... income tax, their sales tax and everything else over there. If that's what you want to do, then that's... you'll have to take the responsibility."

Speaker Breslin

"Representative Rea to explain his vote."

Rea

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. This is no different, in many ways, than the exemption that we gave on the farm equipment sales tax, and it was something that we had... we were competing with the other states. It was hurting our business. We... With the farm implement, we were losing at least 23 jobs for every one that went out of business, and we are losing business here, to our neighboring states. And this is a good Bill. It's one that's needed. It will encourage more through the... by not having the competition that we would have otherwise, we will increase the revenues over a period of time, and I would ask for more green votes."

Speaker Breslin

"Representative Brummer to explain his vote."

Brummer

"Simply to indicate I may have a conflict of interest, but I vote my conscience."

Speaker Breslin

"The Clerk will take the record. On this... On this Bill, there are 41 voting 'aye', 48 voting 'no', and 14 voting 'present'. This Bill, having failed to receive the necessary Constitutional Majority, is hereby declared lost. Appearing on page five on your Calendar is House Bill 2426, Representative Curran. Clerk, read the Bill."

O'Brien

"... Bill 2426, a Bill for an Act to amend Sections of the Illinois Act on the Aging. Third Reading 143 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REEBESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day of the Bill."

Speaker Breslin

"Representative Curran."

Curran

"Thank you, Madam Speaker, Ladies and Gentlemen of the House, House Bill 2426 amends the Aging Act to establish a pilot program for home health services in Illincis. There was an Amendment offered by Representative Christensen, which was a result of work between myself, the Illinois Department... not the Illinois Department of Fublic Health, but the Illincis Public Health Association, in which the Department on Aging sat in. Visiting nurses have approved of this, and what we're doing here is establishing a pilot program for home health services in Illinois, and the Amendment establishes three such programs in Fiscal Year 1985, and it also establishes a in-home services advisory committee to be appointed by the director. I ask for an 'aye vote."

Speaker Breslin

"The Gentleman moves for the passage of House Bill 2426, and on that question, is there any discussion? Seeing no discussion, the question is, 'Shall House Bill 2426 pass? All those in favor vote 'aye, all those opposed vote DO. Voting is open. Have all voted who wish? The Clerk will take the record. On this question, there are 104 voting 'aye", none voting "no', none voting *present'。 This Bill, having received the Constitutional Majority, is hereby declared passed. Appearing on page six cn your Calendar is House Eill 2450, Representative Leverenz. Clerk, read the Bill."

O'Brien

"House Bill 2450, a Eill fcr an Act to amend Sections of the Illinois Vehicle Code. Third Reading of the Bill."

Speaker Breslin

"Representative Leverenz." Leveren2: "Thank you, Madam Speaker and ladies and Gentlemen of the House. We amended the Bill yesterday, and the 144 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 Amendment is now the Bill. The Amendment would provide that those trucks known as dumpsters, or those that lift the large boxes onto the back of a truck would be exempt from the ICC bumper requirement. Last year, we passed a Bill that provided that because of the way that truck and unit operates, that we allow, now, a heavier load to the back axles on those trucks, and this exemption was to be attached to that Bill, and I think maybe I was remiss in not putting it on. With House Bill 2450, we are back with the exemption on that bumper requirement. They don't have bumpers, cannot be fitted with bumpers, and therefore, probably are violating the law at all times. So I would ask for your favorable vote on House Bill 2450 to provide that requirement. They would be exempt from that requirement."

Speaker Breslin

"The Gentleman moves for passage of House Bill 2450. And on that question, the Gentleman from Cook, Representative Cullerton."

Cullerton

"Yes, will the Sponsor yield?"

Speaker Freslin

"He will."

Cullerton

"This Amendment deletes everything after the enacting clause?"

Leverenz

"Yes."

Cullerton

"And this is another attempt to get government off the backs of the people. Is that correct?"

Leverenz

"Would you explain that?"

Cullerton

"Well, we're... We're telling people where they've got to put their bumpers, and now, we're going to eliminate that requirement. So they can put their bumpers wherever they want, right?"

Leverenz

"Well, the bumper might be under the seat belt, for all I know, but these... these do not have bumpers to begin with." 145 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Cullerton

"Well, then, that's a good reason to exempt them the bumper requirement, and I think it's a good Bill."

Speaker Breslin

"The Gentleman from Effingham, Representative Brummer."

Brummer

"Yes, a number of... well, different types of businesses, I suppose, farmers, order trucks or at times that come without the standard bumper on them, because they want to have a specially manufactured type of bumper installed, which is absolutely... is legal under the existing law. Does this address that issue in some way?"

Speaker Breslin

"Representative Leverenz."

Leverenz

"No, that does not. The Chairman of the Transportation Committee handled that Bill himself. That Bill has passed. This only deals with..."

Speaker Ereslin

"Thank you."

Leverenz

"... refuse trucks."

Speaker Breslin

"The Gentleman from Kendall, Representative Hastert."

Hastert

"Will the Sponsor yield?"

Speaker Preslin

"He will."

Hastert

"Representative Leverenz, basically, my question was the same. This doesn't deal, now, with the FV plates, right?"

Leverenz

"That is correct." Hastert "My analysis says, here... "

Leverenz

"We passed 2430, which did away with the RV testing. Therefore, I utilized this Bill to provide something we should have done last year."

Hastert

"Thank you very much."

Speaker Breslin

"The Gentleman moves for passage of House Bill 2450. The question is, 'Shall that Bill pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will take the record. On this question, there are 111 voting 'aye', none 146 125th Legislative Day STATE OF ILLINGIS 83RD GENERAL ASSEMBLY HOUSE OF REFRESENTATIVES TRANSCRIPTION CЕВАТЕ May 25, 1984 voting 'nc', and none voting "present". This Fill, having received the necessary Constitutional Majority, is hereby declared passed. Appearing on fage four on ycur Calendar is House Bill 3029, Representative Rea. Clerk, read the Bill."

O'Brien

"House Bill 3029, a Bill for an Act authorizing the Director of the Department of public Health to study the impact of a state-wide system of uniform health care billing on health care, cost containment. Third Reading of the Eill."

Speaker Breslin

"Representative Rea. House Fill 2450. Excuse ше It was 3029. I'm sorry."

Rea

"Thank you, Madam Speaker and Members of the House."

Speaker Breslin

"Excuse me. Wait just a moment, Representative Rea. Can he proceed? Very good. Froceed with the Eill. We can't... Be just... The printer is stopped, and we can't put the number up there yet, but the number is House Bill 3029, and it appears on page four GD your Calendar. Proceed, Representative Bea.."

Rea

"House Bill 3029 authorizes the Director of the Department of Public Health to study the impact of a state-wide system of uniform health care billing forms, and this is certainly needed. House Bill 1726 passed out of here tc set up a Medicaid negotiation in the state, and neither side can negotiate fairly without accurate and consistent information about what... actually happening with health care costs, and this Bill would allow a uniform system from which we can get the information, and I would move for its approval."

Speaker Breslin

"Representative Dea has noved for the passage of House Bill 2450. And on that question... Excuse me. House Bill 3029. And on that question, is there any discussion? There being no discussion, the question is, *Shall House 147 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Cay Bill 3029 pass?' All those in favor vcte 'aye', all those opposed vote 'no'. Voting is open. Eave all voted who wish? The Clerk will take the record. On this question, there are 107 vating 'aye', none voting "no", none voting 'present'. This Bill, having received the necessary Constitutional Majority, is hereby declared passed. We will continue this Order of Business until leave of the Chair... there... The desire of the Chair. We will now go to the Order of Elections, and on page 14, appears House Bill 2424, Representative Nash. Eefore we do that, would the Rules Committee please report to the Speaker's conference roch immediately? I repeat, the Rules Committee please report to the Speaker's conference room immediately. Representative Nash on House Bill 2424. Clerk, read the Bill."

O'Brien

"House Fill 2424... "

Speaker Breslin

"Out of the record. House Bill 2862, Representative Giglio, that appears On page 14 on our Calendar. Representative Giglic. Cut of the record. Cn the Order of Cities and Counties, appears, on page four of your Calendar, appears House Fill 91, Representative McAuliffe. Clerk, read the Fill."

O'Brien

"House Fill 91, a Bill for an Act... "

Speaker Breslin

"Excuse me, HI Clerk. Representative Matijevich, for what reason do you rise?"

Matijevich

"I guess, Madam Speaker, I have to ask leave and use the Attendance Roll Call so the Bules Committee can meet while we're in Session."

Speaker Breslin

"The Gentleman asks leave that the Bules Committee meet while we are in Session. Hearing DG objection, the Gentleman has leave. Froceed, MI. Clerk. The Gentleman has read the Bill. Representative McAuliffe, proceed on the Bill." 148 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HODSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day McAuliffe: May 25, 1984 and "Mr. Speaker... Ms. Speaker (sic Madam Speaker) Members of the House, this Bill would allow a municipality, an unincorporated area in my district, to jump over the city nearest to it to annex to the Village of Barwood Heights. I'd ask for the favorable passage."

Speaker Breslin

"The Gentleman moves for passage of House Pill 91. And on that question, the Gentleman from Eureau, Representative Mautino.."

Mautino

"I'm sorry to say that I'm... Thank you, Madam Speaker, but I'm sorry to say I'm standing in offosition to my good friend, Representative acAuliffe's Bill. What he's asking you to do is do some skip zoning, here skip zoning, skip annexing. It's not a good posture to have. It will, first of all, allow for hop, skipping and jumping for annexation, Representative McAuliffe, I laud you and this is crazy. on your attempt, but I recommend terrible piece of legislation." a 'DO vcte on this

Speaker Breslin

"The Gentleman from DeWitt, Representative Vinson."

Vinson

"Will the Sponsor yield for a guestion, Madam Speaker?"

Speaker Breslin

"He will."

Vinson

"Representative, did I hear you say that you've got a leaffrcg ΟΝΕΣ anctber municipality that wants to municipality and annex?" McAuliffe: True.

Vinson

"That was the answer to that?"

McAuliffe

"That's a true statement, yes."

Vinson

"Bell... "

McAuliffe

"The municipality is not desircus... "

Vinson

"To the... To the Bill, Madam SpeakeΙ. With... And I do this with the greatest reluctance, because of my respect and admiration for the Sponsor of the... of the proposal. Madam Speaker, would you restore order in the chamber?" 149 STATE OF ILLINOIS 83RD GENEBAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day

Speaker Breslin

May 25, 1984 "Ladies and Gentlemen, for those of you who did not hear, there is a Fules Committee meeting going on right now in the Speaker's conference rCCO. Representative Currie, Representative Bowman, Representative Bullock, please report to the Speaker's conference room, and all Republican Members. Representative Vinson, proceed on this Bill. Please give the Gentleman your attention."

Vinson

"As I said, with all respect and admiration for the Sponsor, I still must rise in opposition to this Fill. We are dealing with a situation here that I think every Member has to think about in terms of their CWE district. We have a situation where re would authorize a community, a municipality, to leapfrog over another municipality and WE make an annexation. Now, what you're talking about could get in the habit cf coming in with Bills to let Rockford leapfrog over Belvidere and annex, Chicago leapfrog over Melrose Park and annex, Elgin to leapfrog over Schaumburg and annex, East St. Louis to leapfrog OVEr Belleville and start annexing. Scue of these things get to be pretty frightening prospects. It's a patently unconstitutional Bill, and we ought to defeat it. 1 would urge a "nc vote on this Bill."

Speaker Breslin

"The Gentleman from Madison, Representative Wolf."

Wolf

"Madam Speaker, I move the previous question."

Speaker Breslin

"The Gentleman moves the previous question. The question is, 'Shall the previous question be put? A11 those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the previous question is put. Representative McAuliffe to close."

McAuliffe

"Well, let me merely say, Madam Speaker, that this is a quiet area in a residential neighborhood that is partly 150 STATE OF JILINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 surrounded by Chicago, very fearful of being annexed into the City of Chicago, and they'd prefer to be annexed into the nearby friendly village. Now, there is a strif of land separating that from the village, but in the past, this has been done. So I would ask, on behalf of my constituents, to allow them to do this. Again, this only affects one area in the state, this one particular... two precincts in Norwood Park Township. The people in the district had a referendum by mail, and they were 99% in favor of not being annexed into Chicago."

Speaker Breslin

"The question is, 'Shall Hous€ Bill 91 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. The Clerk will take the record. On this question, there are 11 voting aye, 91 voting 'no', and none voting present'. This Bill, having failed to receive the necessary Majority, is hereby declared lost. Cn page four cn your Calendar appears Eouse Eill 2900, Representative Kulas. Clerk, read the Eill."

O'Brien

"House Bill 2900, a Bill for an Act in relation to the distribution of interest earned on funds held by che unit of government to another unit of government. Third Reading of the Eill."

Speaker Breslinz

Speaker Breslinz "Representative Kulas."

Kulas

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. This is the Bill you've all been waiting IGI. House Bill 2900 creates the Interest Distribution Act. It provides that all state agencies and governmental entities which receive and hold public funds for the eventual distribution to another governmental entity shall pay all the interest earned and accrued on those funds to that governmental entity. This is a Fill which all the counties, townships, municipalities want. They want their share of the money, and I would ask for a favorable Boll 151 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day Call." May 25, 1984

Speaker Breslin

"The Gentleman moves for passage of Ecuse Bill 2900, and on that question, the Gentleman from DeWitt, Representative Vinson."

Vinson

"Thank you, Madam Speaker, Ladies and Gentlemen of the House.. I rise in opposition - not reluctant, this time - but enthusiastic opposition, to House Bill 290C. I believe the Membership will recall that yesterday, WE passed legislation that resolves the Bood Dale problem for the counties. We passed that Eill cut. I'd forgotten whose Bill it was, but we passed it, solved the prchlen. Wood Dale is no longer a problem, even if the Supreme Court might choose not to change its position OB the watter. What the Gentleman's Bill does, is to create a whole new Wood Dale problem at the state level. He would try to transfer an enormous amount of rescurces from the state treasury to local treasuries. NOW, we can take the approach of doing that, and if we do take that approach, the results are that the General Revenue Fund is going to be 100 million dollars - that's the cost on the thing - 100 million dollars less than it would otherwise be. In a year of fiscal restraint, that's a mistake, and what that... what we're saying is, if we do that, that we're going to have to take 100 million dollars cut of school aid, or 100 million dollars out of public aid, cr 100 million dollars out o.f some other area in the budget in order to do this. We are not in the financial position where we can create, whole cloth, a new revenue sharing program at this point, certainly not without substantially bindering things like education, where we're already not providing enough money, or public aid, or any of the other impcrtant functions that this state is obligated to provide. I would urge a ano vote on this thing, because it's got a 100 million dollar 152 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day price tag." May 25, 1984

Speaker Breslin

"The Gentleman from #cherry, Representative Klemm."

Klemm

"Will the Sponsor...?"

Speaker Breslin

"He will."

Klemm

"Representative, does this include, ycu say, all public agencies. Does that include counties?"

Kulas

"yes."

Klemm

"So, in other words, then... to the Eill, Madam Chairman... Madam Speaker. It would seem to me that when the counties start collecting their payments of tax bills, that they would almost... almost inmediately have to distribute those funds to the local taxing districts, because the day of interest would start running, and the clock would start ticking toward those counties of having to pay interest, now, on funds that they momentarily keep for a matter of a few days. And it would seem to LE that there's до way that the ccunties, perhaps, in just being the collector of those funds, could possibly ever meet the requirements without dipping into their funds to pay the interest. I could understand that the funds de belong to the taxing district, and they should be distributed as expeditiously as possible, but to say that the time clock of interest should immediately start ticking upon immediate receipt, it would really be unfair to the other taxing districts which, in fact, again, becomes a tax оп those people, because they would have to raise their taxes to pay for the interest on it. I can understand and appreciate what the Sponsor's trying to do, in view of the recent court decisions. It would be an fairness of the counties distributing the taxes equitably and promptly, but I don't think this is the measure that will actually do that. It, in fact, will hurt most of the counties in Illinois... " 153 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984

Speaker Breslin

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

Flinn

"Madam Speaker, I move the previous question."

Speaker Breslin

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

Kulas

"Thank you, Madam Speaker, ladies and Gentlemen of the House. I don't know where the Minority Leader got the figure of a cost of 100 million dollars to the state. All we are asking for is fairness. If the state is collecting money which belongs to the counties, to the townships, to the municipalities, then why shouldn't they, if they are earning interest on that money, share that money with the counties? All we're doing is taking money out of one pocket and putting it into another pocket. As far as Representative Klemm's question, if there is no interest earned, then there is no interest earned, no interest due to the county or the municipality or the local unit of government. We have a lot of bureaucrats sitting in our different departments, sitting on their hands, doing nothing. They can figure out how much interest is earned on that money. This is a fair Bill, and the reason I held this Bill until now, is so that you can go back to your area, over the Memorial Day weekend, with your head held up high and tell your local units of government, 'Yes, I voted for you.' I urge an 'aye' vote."

Speaker Breslin

"The question is, 'Shall House Bill 2900 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Representative Alexander to explain her vote."

Alexander

"Thank you, Madam Speaker. Representative Kulas is entirely correct in his assessment of the Bill being under 154 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day 100 million dollars. The Governor's office has acknowledged that this program will only cost roughly in the area of 10 million dollars."

Speaker Breslin

"The Gentleman from Fulton, Representative Homer, to explain his vote."

Homer

"I rise in opposition, Madam Speaker, to this measure. The current system provides an incentive for the State Treasurer to invest the proceeds that he receives from sales tax, from Motor Fuel Tax Fund, frcm income tax dollars, prior to the time that they can be distributed to the local units of government. This Eill does not address the situation Representative Klemm referred to in his remarks. The issue of the county has already been resolved by court cases which have held that the money has to be returned to the taxing districts. There is no court case that is similar for the state, and I think that we would be throwing the state into a perilous financial situation, taking away the incentive of the Treasurer to invest these funds of the taxpayers at the highest maximum rate, which is of benefit to the taxpayers, and throwing a delicate sharing cf revenues out of balance, and I think a proper vote is a red vote."

Speaker Breslin

"Have all voted who wish? The Clerk will take the record. On this question, there are 59 voting 'aye', 52 voting 'no', and 1 voting 'present'. The Gentleman, Representative Kulas, asks for a Poll of the Absentees."

O'Brien

"Poll of the Absentees. Flinn. Harris. E. Pedersen. Taylor. Vitek and Zwick."

Speaker Breslin

"Representative Barger asks to be voted 'no'. Representative Pedersen, excuse me, asks to be voted 'no'. Representative Vinson, for what reason do you rise?"

Vinson

"In the event that this gets the requisite number, I'd request a verification." 155 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984

Speaker Breslin

"On this Bill, there are... Fepresentative Flinn votes aye. On this Bill, there are 60 voting 'aye', 52 voting 'no', and 1 voting present. Fepresentative Vinson has asked for a verification of the Affirmative Roll Call. Ladies and Gentlemen, please be in your seats and raise your hand, and we will go through this verification as quickly as we can. We are very close to being finished with our business, so please be in your seats and be ready for the verification. It will move quickly. Proceed with the Poll of the Affirmative, Mr. Clerk."

O'Brien

"Alexander. Ferrios."

Speaker Breslin

"Bepresentative Bice asks to be verified. Representative? And Representative Kulas. Excuse me. Representative Kulas, for what reason sc you rise?"

Kulas

"Madam Speaker, Ladies and Gentlemen of the House, I can see that the Governor has a little more influence than I do. I'd like leave to put Bouse Fill 2900 on Interim Study."

Speaker Breslin

"The Gentleman has leave. House... Appearing on page 10 on your Calendar is House Fill 2961, Representative Cullerton. Clerk, read the Bill. Okay. Because we have a Roll Call on the board, we will put this Bill on the Order of Postponed Consideration at the request of the Sponsor. And then, the... Now, the Gentleman has asked leave to put that Bill into Interim Study. Does the Gentleman have leave? Hearing no objection, the Gentleman has leave. And now, House Bill 2961."

O'Brien

"House Bill 2961, a Fill for an Act providing for state collection of certain locally imposed taxes. Third Reading of the Bill."

Speaker Breslin

"Representative Cullerton."

Cullerton

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. This is permissive legislation that would allow 156 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 the Department of Revenue, if they agree with any county or municipality, to allow the Department to collect and disburse, to that county or municipality, any local tax which is similar to a tax imposed by the state. I would appreciate a favorable Roll Call. Be happy to answer any questions."

Speaker Breslin

"The Gentleman has moved for passage of House Bill 2961, and on that question, the Gentleman from DeWitt, Representative Vinson."

Vinson

"Will the Sponsor yield for a question, Madam Speaker?"

Speaker Breslin

"He will."

Vinson

"Is this the Bill that would require the state to collect any compatible taxes?"

Cullerton

"No. Did you say require?"

Vinson

"Yes."

Cullerton

"No. It would allow - if the Department of Revenue so requests - it would allow the Department to collect similar taxes, and it provides for a funding mechanism back to the Department to reimburse them for the cost of collecting the tax."

Vinson

"Who decides whether the compatible taxes shall be collected or not?"

Cullerton

"Well, in line six of the Bill, it says, 'The Department of Revenue and any county or municipality may agree to the Department's collecting.' So it's just permissive, and both sides would have to agree."

Vinson

"Okay now, if we... they go along for three or four years, and the Department of Revenue is collecting them, and then decides that it doesn't want to, is there a process in the Bill for that, Representative, to cover..."

Cullerton

"Well, I would assume that the language that I read to you would cover the situation if they wished... either party wished to discontinue the practice, that either one 157 125th Legislative Day Vinson: STATE OF ILLINOIS 83RD GENERAL ASSEMEIY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE would have the authority to do so." "Thank you." May 25, 1984

Speaker Breslin

"The question is, 'Shall House Bill 2961 pass?' All those in favor vote 'aye', all those opposed vote 'nc'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. Cn this question, there are 109 voting 'aye', 1 voting 'no', and none voting 'present'. This Eill, having received the necessary Constitutional Majority, is hereby declared passed. Appearing on page 12 cn your Calendar is House Bill 3227, Representative Turner. Clerk, read the Eill."

O'Brien

"House Bill 3227, a Eill for an Act to amend Sections of the Illinois Municipal Code. Third Reading of the Eill."

Speaker Breslin

"Representative Turner.

Turner

"Yes, Madam Speaker and Members of the House, I'd like to have leave at this time tc bring this Eill back for purposes of an Amendment."

Speaker Breslin

"The Gentleman asks leave to return this Eill to the Order of Second Reading for the purposes of an Amendment. Hearing no objections, the Gentleman has leave. Second Reading. Read the Amendment."

O'Brien

"Amendment #1, Turner, amends House Bill 3227 on page two, line three."

Speaker Breslin

"Representative Turner on the Amendment."

Turner

"Yes... the Amendment just changes the fee in this Bill $25 to $10, and I ask for your adoption of this Amendment."

Speaker Breslin

"The Gentleman has moved for the adoption of Amendment #1 to House Bill 3227, and on that question, the Gentleman from Champaign, Representative Johnson."

Johnson

"Is... This is Amendment... "

Speaker Breslin

"This is Amendment #1 tc House Eill 3227."

Johnson

"Okay. Maybe I ought to know, or the Members of the 158 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 House ought to know, what the information... registration of information concerns. What's the primary subject matter of this..."

Speaker Breslin

"Representative Turner co the question."

Turner

"Could he repeat the question? I didn't hear."

Speaker Breslin

"Representative Johnson."

Johnson

"Yeah. 1 mean, the Eill basically has to do with registry ог a registry CI registration of certain information with the city cr the municipality, preconditioned to their doing business. 1 guess пу question is, what is the... what's the thrust of the legislation. I mean, we're acting the Amendment and changing the arount. What... What information are we seeking?"

Turner

"Well, the Amendment basically lowers the fee that we're..."

Johnson

"I know. I know."

Turner

"Okay. Well, I thought we were addressing the Amendment and not the Eill, but if you..."

Johnson

"Well, the... the amount of the fine has to do with failure to provide certain information, so 1在 just concerned about..."

Turner

"Well, let me give you some background on the Bill. In the City of Chicago and some other large municipalities, you have a problem with small businesses - in particular, retail operations that come and gc - with no record as to who the owner is, how long they're in business. They open up these small storefronts, and they're gone tomorrow.. It leaves no reccurse for consumers in teras of them being defrauded, and so we're trying to push some legislation which would require the registration of those businesses in the City. There's been... The question was brought up regarding the fee amount, and because we're not interested 159 STATE OF ILLINCIS 83RD GENEBAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day May 25, 1984 in fees and moreso interested in finding out who the owners of those particular retail establishments are, we decided to lower the fee from $25 to $10 to show some sincerity and the fact that we're not using this as a vehicle to raise money, but basically trying to improve... to make a better business climate in the City of Chicago."

Johnson

"Okay. Well, I guess we can address the Bill, if you decide to call it on Third Reading, sc I don't have any more questions on the Amendment."

Turner

"Thank you."

Speaker Breslin

"The Gentleman has moved for the passage of House Bill 3227. The question is, Shall this Bill pass? Excuse ME The Gentleman has moved for the adoption of Amendment #1 to House Bill 3227. All those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Are there any further Amendments?"

O'Brien

"No further Amendments."

Speaker Breslin

"Third Reading. The Gentleman now asks leave for immediate consideration of House Bill 3227, and Representative Johnson objects. Representative Turner then moves that for immediate consideration of House Bill 3227. This Bill requires 71 votes for passage. All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? This is a Motion for immediate consideration of House Bill 3227, which was just amended. This Bill requires 71 votes for passage... This Motion requires 71 votes for passage. The Clerk will take the record. On this question, there are 64 voting 'aye', 39 voting 'no', and 2 voting 'present', and the Motion fails. The next Bill on our Order is on page 12 of your Calendar, House Bill 3243, Representative Turner. Clerk, read the Bill." 160 STATE OF ILLINGIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day

O'Brien

May 25, 1984 an Act to amend "House Eill 3243, a Bill for Sections of the Illinois Municipal Code. Third Reading of the Bill."

Speaker Preslin

"Representative Turner."

Turner

"Well, you try again. House Pill 3243, it amends the Illinois Municipal Code. This Fill provides that corporate authorities may authorize, in the collection of municipal taxes, license fees and other Users fees, and all provisions, remedies and other procedures set forth in Article II of the Illinois InCORE Tax Act. It Fay designate agencies to utilize these provisions and remedies and other procedures such as ccrpcrate authorities deem necessary."

Speaker Breslin

"The Gentleman has moved for passage of House Bill 3243, and on that question, the Gentleman frce Champaign, Representative Johnson."

Johnson

"This is a, at least according to cur analysis, a fairly brcad reaching Bill, and obviously, it had a number of people who didn't support it in Committee. I'm not sure you've really described all the aspects of the Bill for us. Could you do that in a little more detail?"

Turner

"Well, I can give you SODE backgrcund CD it. What happened is, the Illincis Department of Revenue is authorized to issue liens for the collection of any taxes ΟΙ other penalties upon all real estate and personal property. What this Bill... Under the provisions of this legislation, they would allow corporate authorities of any municipality the same remedies that the state Fow has, in terms of collecting municipal taxes, license fees and user fees."

Johnson

"I notice that one provision provides that the Department..... provides for a lien an unpaid portions of tax and interest on all real and personal property cf any 161 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION CEВАТЕ 125th Legislative Day May 25, 1984 person assessed... Doesn't this seer like it's a pretty brcad reaching... "

Turner

"No, we exclude that provision, so we cannot use this for the collection of property taxes GI special assessments. This is strictly for license fees and other user charges."

Speaker Breslin

"There being BC further discussion, the Gentlemen from Cook to close.."

Turner

"Yes, I ask for your favorable consideration of this Bill. This Bill passed cut of Committee unanimously, and it's... "

Speaker Breslin

"The Gentleman is in the middle of his close. Representative Johnson asks for a point of personal privilege. State your point."

Johnson

"That's absolutely not accurate, to say this Bill passed out unanimously. It had nine votes and four people voting *present*. Now, I would... In my definition, that's not passing out unanimously."

Speaker Breslin

"Representative Turner tc clcSE."

Turner

"Thank you. I just reguest that there were no dissenting votes on this legislation, and I'd ask for your favorable Roll Call on this Fill."

Speaker Breslin

"The question is, 'Shall House Bill 3243 pass?' All those in favor vote 'aye", all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. Сп this question, there are 66 voting 'aye, 38 voting 'nc', and 3 voting 'present'. Representative Johnson, for what reason do you rise?"

Johnson

"To verify the Affirmative Roll call."

Speaker Breslin

"The Gentleman has asked for a verification of the Roll call. Representative Turner?"

Turner

"First Bill. Foll the Absentees, please."

Speaker Breslin

"Representative Turner asks for a Foll of the 162 125th Legislative Day Absentee. From 'no' to STATE OF ILIINCIS 83RD GENERAL ASSEMBLY HOUSE OF REFRESENTATIVES TRANSCRIPTION CEBATE May 25, 1984 Representative Brookins asks to be voted 'aye'. 'aye'. Representative McCracken goes from 'aye' to 'no'. Representative Vinson, for what reason do you rise?"

Vinson

"Please change my vote from 'aye' to 'no'."

Speaker Breslin

"Representative Vinson changes his vote from 'aye' to 'no'. Representative Wojcik goes from 'aye' to 'no'. Representative Daniels goes from 'aye' to 'no'. Representative Pangle goes from 'present' to 'aye'. Mr. Clerk, can you tell us what the count is, now?"

Speaker Breslin

"We are starting at 64 'ayes'. Have you finished the Roll of the Absentees?"

O'Brien

"Poll of the Absentees. Earger. Virginia Frederick. Greiman. Harris. Mautino. McAuliffe. Preston. Fullen. Taylor. Vitek and Zwick."

Speaker Breslin

"Representative Slape asks leave to be verified, Representative Johnson. Representative Ecffman votes 'no'. Representative Barnes votes 'no'. There are, therefore, still 62 people voting 'ayes'. Roll the Affirmative, Mr. Clerk. Representative Friedrich votes 'no'. Roll the Affirmative."

O'Brien

"Alexander. Berrios. Ecwman. Braun. Breslin. Brookins."

Speaker Breslin

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

Turner

"Yes, Madam Speaker, I know in three strikes, you're out. I'd like to put this Bill on Postponed Consideration, please."

Speaker Breslin

"You're a good ballplayer, Representative Turner. Put this Bill on the Order of Postponed Consideration. Does the Gentleman have leave to put this Bill into Interim Study, now? The Gentleman has leave. On the Order of State and Local Government Administration 163 125th Legislative Cay STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 appears House Bill 3231, Representative Cullerton. Clerk, read the Fill."

O'Brien

"House Bill 32... House Eill 3231, a Bill for an Act to amend Sections of the Code cf Civil Frocedure. Third Reading of the Bill."

Speaker Preslin

"Representative Cullertce."

Cullerton

"Thank you, Hadar Speaker and Ladies and Gentlemen of the House. This would add to the... This would add municipalities with greater than 500,000 population to those entities which may exercise a guick take rights underthe Eminent Domain law. This would be limited by an Amendment to only those areas that are commercially blighted or a business district Freferty in need of redevelopment, and I would appreciate your support for the Bill."

Speaker Breslin

"The Gentleman has saved for the passage of House Bill 3231, and CB that question, is there any discussion? Seeing no discussion, the guestion is, Shall House Bill 3231 pass? All those in favor vote Maye", all those opposed vote 'no". Voting is open. Have all voted who wish? The Clerk will take the record. Cn this question, there are 91 voting 'aye, 13 voting 'nc', and none voting present". This Fill, having received the necessary Constitutional Kajority, is hereby declared passed. Appearing on page five on your Calendar is House Bill 2368, Representative Nadigan Daniels. Clerk, read the Bill."

O'Brien

"House Bill 2368, a Eill for an Act to amend Sections of the Regional Transportation Authority Act. Third Beading of the Fill.."

Speaker Breslin

"Sepresentative Daniels."

Daniels

"Thank you, Madam Speaker, ladies and Gentlemen cf the House. This is a... truly a vehicle railroad Eill, and the 164 STATE OF ILLINOIS 83RD GENERAL ASSEMFLY HOUSE OF BEPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 Bill... House Bill 2368, amends the Regional Transportation Authority to make some technical language changes. They have no substantive effect. The agreement with the Speaker and myself is that we will pass this Fill over to the House to have a vehicle available for utilization and correction of some of the technical difficulties in the previous reform act, and that if he has any cbjections to any of the Amendments or additions to the Pill when it comes back the House, that he will have total Veto power of control over the Bill and likewise, the sane effect afflies to ΠΕ, that if the Republican Leadership has any objections to the Bill, that we will have total Veto over the Eill as well. Thank you." to of

Speaker Breslin

"The Gentleman has noved fcr passage of House Bill 2368, and on that question, is there any discussion? Seeing no discussion, the guestion is, 'Shall HOUSE Bill 2368 pass? All those in favor vote 'aye, all those opposed vote 'no'. Voting is oper. Eave all voted who wish? The Clerk will take the record. On this question, there are 102 voting 'aye, none vcting 'no', and 7 voting 'present'. This Bill, having received the necessary Constitutional Majority, is bereby declared passed. Appearing on page 11 on your Calendar is House Bill 3135, Representative DiPrima. Representative Difrima. Clerk, read the Eill."

O'Brien

"House Bill 3135, a Fill for an Act to amend Sections of the Personnel Cade. Third Reading cf the Fill."

Speaker Breslin

"Representative DiPrima."

Diprima

"Yes, Madam Speaker, Ladies and Gentlemen, House Bill 3135 is an Amendment which practically does away with the original Bill. And what the Fill does, it allows six people to be reinstated for sick leave and vacation days. 165 STATE OF ILIINCIS 83RD GENERAL ASSEMBLY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 This was in regards to Ted Myers, a former Member of the House. He had two friends of his, and I had a friend Gf mine that were working with a state agency that was dissolved, and then when they came back to work for the state two years later, see, now, they wanted to get back the two years that they WELE off for their pension purposes, see? That two additional years. So I've been working with Sam, the Minority Leader, over there, and Sa Vinson and Larry Stuffle, here, these two guys that are authorities on the subject. And that's all it is. It's a mere nothing. I'll appreciate a favorable vote."

Speaker Breslin

"The Gentleman noves for the passage of House Bill 3135 as amended, and on that question, is there any discussion? Seeing no discussion, the question is, 'Shall House Bill 3135 pass? All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? The Clerk will take the record. Cn this question, there are 81 voting aye', 21 voting 'nc", and 5 veting 'present'. This Bill, having received the necessary Constitutional Majority, is hereby declared passed. Appearing under the Crder of Eanking and Finance appears, on page nine on your Calendar, appears House Bill 2780, Representative Braun. Out of the record. House Fill 569, Representative Braun. Appearing Gn Fage four on your Calendar is House Bill 569. Clerk, read the Bill."

O'Brien

"House Fill 569, a Eill for an Act to amend Sections of the Illincis Pension Code. Third Reading cf the Eill."

Speaker Breslin

"Take this Bill out of the record just for the mouent, and we'll come back to it. Bepresentative Matijevich for the purpose of an announcement."

Matijevich

"Well, I've got two Motions, I think, unless Mike Follock tells me otherwise." 166 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF BEFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day

Speaker Breslin

"Representative Matijevich."

Hatijevich

"Madam Speaker, Ladies and Gentlemen, May 25, 1984 I bave tuc of Notions, here, both of which have been cleared on both sides of the aisle one, I am asking leave and the use the Attendance Boll Call to discharge the Appropriations Committee I from further consideration of Senate Bill 1441, and that Senate Bill 1441 be placed on the Order of Second Reading. The reason for this is that this is an emergency matter. It has do with the senior citizens' тах deferral program, and the Department of Revenue has indicated to us that if that Bill is not passed next week, they owe monies to the counties, and they are concerned that the state would have to pay interest if the Bill is not passed next week. Sc I would, therefore, ask for that leave." to I

Speaker Breslin

"The Gentleman asks leave and the use of the Attendance Boll Call to discharge Appropriations Committee for... from further consideration of Senate Fill 1441 and to place that Bill on the Order of Senate Bills Second Reading. Does the Gentleman bave leave? Hearing no objection, the Gentleman has leave. Read the Eill cn Second Reading."

O'Brien

1 Clerk O'Brien: "Senate Bill 1441, a Bill for an Act making appropriations for the Senior Citizens' Heal Estate Revolving Fund. Second Feading of the Bill. Deferred Tax No Committee Amendments."

Speaker Breslin

"Bepresentative Matijevich."

Matijevich

"Thank you, Kadar Speaker. And now, I'm going to ask leave and the use of the Attendance Roll Call for that purpose in order to waive both the posting notice provisions and the printing provisions SG that Bills reported exempt from Bules Committee can... and assigned from the Assignment Committee to substantive Committees can 167 STATE OF ILLINGIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 be heard in those Committees next week. And I want the Members to know that even though the fills... the printing provision is being waived, that they will be printed by the time that the Bills are heard in Committee. We will, therefore, meet that rule. So therefore, I ask that leave."

Speaker Breslin

"Representative Matijevich, do you want Senate Bill 1441 left on Second Reading?"

Matijevich

"No. We want it moved as quickly as possible."

Speaker Breslin

"Okay. We haven't done that yet."

Matijevich

"Oh. I'm sorry."

Speaker Breslin

"Are there any Motions on Senate Bill 1441?"

O'Brien

"No Committee Amendments. No Motions."

Speaker Breslin

"Third Reading."

Matijevich

"Thank you."

Speaker Breslin

"And now, Representative Matijevich has asked leave to waive the posting and the printing requirements so that all the Bills reported out of Rules Committee today can be heard in Committee next week. Is there any objection? Hearing no objection, the Gentleman has leave. And now, we have two Bills on the Order of Banking and Finance that we would like to go back to. The first Bill, House Bill 569, Representative Braun. It is on page four of your Calendar. Read the Bill."

O'Brien

"House Bill 569, a Bill for an Act to amend Sections of the Illinois Pension Code. Third Reading of the Bill."

Speaker Breslin

"Representative Braun."

Braun

"Thank you, Madam Speaker. I'd like to defer to the Cosponsor, Representative Bowman."

Speaker Breslin

"Representative Bowman on 569."

Bowman

"Thank you... Thank you, Madam Speaker, Ladies and Gentlemen of the House. House Bill 569 is commonly 168 STATE OF ILLINOIS 83RD GENEGAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIFIION DEBATE 125th Legislative Day May 25, 1984 referred to as the 'South African Livestment legislation". I think that this is an opportunity for us to examine the business practices of American companies which do business in South Africa, and I would urge all of my colleagues, and particularly the Representative from Maywood, who... to take this issue seriously. I think regardless of how you plan to vote on this issue, regardless of whether you've made your mind up already or not, I think this is the time to examine some important facts. First of all, it has been alleged that legislation of this nature is unnecessary because we have established something called the 'Sullivan Principles' to guide American business practices in South Africa. The Sullivan Principles are named after a Baptist minister, Reverend Leon Sullivan, who is on the Board of Directors at General Motors Corporatico. And there are a number of prominent American companies that subscribe tc these principles that are DOW doing business in South Africa, and the principles sound very worthy, such as equal pay for equal work and banning discrimination within the work place in the American corporations. But I think there's some facts that you ought to know about how these Sullivan Frinciples have been put into place. First of all, new and more subtle ways to continue segregation have been devised, such as color coded signs substituted for 'whites only signs in the General Motors plant, or segregated by jcb type when jck categories are, by themselves, segregated. Because of such practices, 75% of business locations responding to 1979 Sullivan Compliance Report stated that their facilities were desegregated when, in fact, 71% of the black worker in these locations still work in segregated work places. As for egual wages, in 1978, a Sullivan Compliance Report shcsed that nearly half of the black wo: workers in responding ccopanies earned less 169 STATE OF ILLINCIS 83RD GENERAL ASSENEIY HOUSE OF REPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day May 25, 1984 than $175 per month, while half of the white workers earned at least $500 per month. The absolute gaps between white and black wages have widened in recent years. Furthermore, American companies have a poor record for employing blacks in salaried position, and this bas got altered significantly since the appearanCE of the Sullivan Frinciples. In 1978, Goodyear employed 9 salaried black workers 3% of its white-ccllar work force. Uniroyal had no blacks in salaried positions by the end of 1978. In 1979, Ford employed 36 black salarieć employees cut of a work force of 1242. And it goes O and on, Ladies and Gentlemen. But the real issue has nothing to do with the Sullivan Principles. Even if the Sullivan Principles were working absolutely the way they were intended to work, the fact remains that they touch a very small fraction of the total black population of that country, a very small fraction, Ladies and Gentlemen, and Ενεπ if we were to guarantee absolute equality for 2% of the blacks in South Africa, that would leave 98% of them untouched. And what are these... what are the blacks, regardless of whether they work for American companies Gr nct, what are they subjected to? They are subjected to the most totalitarian types of statutes and police state brutality that you can imagine. They have internal visas that have to be stamped before they can go from one place to another within the country. They are arrested for nc reason and they can be held without charge indefinitely. The concept of habeas corpus is total alien in South Africa, and it goes on and cn, Ladies and Gentlemen. It is time that we took a very principle position on this, and that is really the issue, is whether we want to take a principle position ΟΙ not. Let me just say in conclusion that a lot of people say that, well, South African blacks are really not... not SO 170 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 bad off after all and that blacks that work for American companies really are not too bad cff. In fact, they're better off than the ones working for South African companies, so why rock the boat. Well, let me tell you, Ladies and Gentlemen of the House, the system that they have in South Africa right now is virtually equivalent to slavery, and back in the 19th century in this country when we had slavery in this country, there were times when some of the slaves were permitted to work in the house of the master, and they were supposed to be better off, too, but they were still slaves. I say to you, Ladies and Gentlemen, if you're a slave, it makes no difference if you're out in the fields or whether you work in the house of the master. You're a slave, nonetheless. We should take a principle position against that system of apartheid and vote for this Bill."

Speaker Breslin

"Ladies and Gentlemen. Ladies and Gentlemen, this is one of the last Bills to be considered today. It is also one of the most important. Please give the Sponsors and the issue every consideration. There are several people seeking recognition. We will try to recognize everyone, but please keep your remarks as confined as possible. The next person to be recognized is the lead Sponsor, the Lady from Cook, Representative Braun."

Braun

"Thank you very much, Madam Speaker and Members of the House. I would like your attention, and I would like to have a level... a voice level in the chamber so that this debate can proceed. As the Speaker has indicated, this is probably one of the most important issues facing millions of Illinois citizens. The question has to do with our state's policy in support of apartheid, which is the constitutionally required separation of the races in South 171 STATE OF ILLINOIS 83RD GENERAL ASSEMEIY HOUSE OF BEFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 Africa. A generation ago, when I was but a child, this world saw, in Nazi Germany, a holocaust occur in which a repressive totalitarian regime was responsible for the deaths of millions of innocent citizEDS. We have today in South Africa по ΠΟΤΕ and DO less than a modern-day holocaust. The... The regime in that country not only requires constitutionally the separation of the races but has a legal and political construct which is repressive and which denies even basic and fundamental human rights to its black citizens. Among the legal parameters of that regine, there are laws such as the Internal Security Act, the Abolition of Passes Act, and others which require that black South Africans: (a) are non-citizens; (b) must have passes to move from one part of the country to another; (c) may be picked up, stopped, arrested, detained and imprisoned without even so much as a charge being levied. In terms of the social conditions in that country, we have a situation in which black unemployeest guadrupled that of others, in which black babies born on the Eantu... die at a rate nine times that of white babies, in which people are prohibited fron working without having official governmental permission and are required to te separated from their families in order to have... have employment. Those are just some of the facts regarding the South African regine and South Africa. This state is in complicity with that situation in that we have killions of dollars... cf DUD pensioners' dollars, public funds, invested in support of apartheid. This legislation has been the subject of much discussion, and I want to thank on this floor at this time particularly, Representative Saltsman and others who have tried tc work cut language that would be an Amendment to this Bill. As you know now, this Bill has not been brought back for Amendment. We 172 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DΕΒΑΤΕ 125th Legislative Day May 25, 1984 could not work cut the language, and sc, we are going with the Bill in its pristine form. Eut I say to you, Ladies and Gentlemen of the House, that language notwithstanding, the issue is the same, and that is whether or not our Illinois pension dollars should be invested in South Africa to support slavery and apartheid, or whether our pension dollars should be used to support cther kinds of goals such as job creation here in our cwn State of Illinois. There are plenty of opportunities for alternative investments of these pension dollars, and in fact, the statistics have shown that in those states where divestment has occurred, the pensions' portfolios have done better than they would do if South African investments were included. I say to you, Ladies and Gentlemen, that as a matter of basic law, it makes no sense for us to jeopardize our pensioners' dollars on a country which is at civil war and which is at war with itself and may well gc. And let me add parenthetically - and this is my own view - for many of us, it is important that South Africa not become a communist dominated country, that South Africa te given an opportunity to develop a democracy in that nation. You dc not have a democracy in South Africa now, and as long as the United States... remains a major trading partner and investor in that nation, I submit to you, you will never have a democracy in South Africa. Indeed, you will be setting the stage for a precipitous civil war and violent overthrow of that government. I submit to you, Ladies and Gentlemen of this House, that the responsible action on behalf of ourselves, on behalf of the Illinois citizens who have invested their dollars with... in the pension fund is to take... to make it very clear that our state will not tolerate the kind of human rights violations, and we will use our dollars to help our own citizens and not to hurt 173 STATE OF ILLINOIS 83RD GENEBAL ASSEMBLY HOUSE OF BEPRESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day May 25, 1984 the citizens in... the black South Africans and citizens across the world who abhor the violence of the apartheid regime. I call for your support of 569."

Speaker Breslin

"The Lady from lake, Bepresentative Frederick."

Frederick

"Hadam Speaker and Ladies and Gentlemen of the House, I rise to discuss the issue of House Bill 569 today, and at the outside, I'd like to say that I do not approve of apartheid in South Africa. In fact, I think there's not a person in this room that does not defiçre apartheid. I wish I felt that House Eill 569 would eliminate apartheid there, but Ladies and Gentlemen, it is by belief that it will not. Every time our government has sought to pursue human rights goals by means of economic sanctions cr embargoes or boycotts or disinvestments, the government has not been successful. Just to lock back in history and to cite a couple of examples, let us rememter 1969, when the U.S. Goverment nt tried to end the white supremists rule in Rhodesia and provide ΣΟΣΕ BeasurΕ of equity for black citizens by placing an embargo on Rhodesian chrome. What happened? After two years, the ertargo had to be lifted, and black citizens were no better cff than before. And American businesses lost hundreds of thousands of dollars because they had to buy chrome from other nations at a very much greater price than from Rhodesia. Then, I's sure NE all remember the Soviet grain embargo just a few years ago, which also had a human rights goal as its objective- that of allowing Scviet Jews to emigrate from Russia without restriction. And what happened there? The grain embargo did not accomplish the human rights goal of free inmigration and the financial losses to Illinois and other farmers in the U.S. Mere SEVETE. Thus, the embargo was finally lifted, a failure on all counts. Today, we have a disinvestment proposal, and I believe it will not eliminate 174 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 apartheid in South Africa, but will, on the other hand, he an additional burden on Illinois businesses. Thus, I am voting 'no' on House Bill 569, and I would like to suggest that we search for other ways to accomplish the elimination of apartheid in South Africa. Thank you."

Speaker Breslin

"The Gentleman from DeWitt, Representative Vinson."

Vinson

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I rise in opposition to both apartheid and this Bill. I rise in opposition to apartheid for all of the reasons so eloquently stated by the Sponsors of the Bill, Representative Braun, Representative Eowman and the others. They have very adequately stated the case against apartheid, and it is an abhorrent system. I can't take the step further, though, Madam Speaker, and endorse this kind of legislation, because I think first of all, it might make the system, the actual quality of life in South Africa, worse if you disinvest in South Africa and those people don't have jobs. I can't see how that improves the situation, and I can't see how that improves any situation in Illinois. We've got a situation in the Quad Cities where John Deere is a major employer. I would not want to see us compel disinvestment in John Deere because they have an operation in South Africa. I wouldn't want to see us cause disinvestment in Caterpillar, who employs millions of people and provides the livelihood for millions of people in this state, or International Harvester, sitting there, teetering on the brink from month to month of total bankruptcy, and we'd have to disinvest in them if we did that. I don't think that's good for the people around this state, and I have a constitutional obligation to those people. Finally, Madam Speaker and Representative Braun and Representative Bowman, I have a fundamental problem. I 175 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 do see that very basic human rights are being denied to 76% of the people in South Africa, but something on the order of 96 or 97% of the people in the Soviet Union are being denied those fundamental rights as well, and are enslaved by a totalitarian system, and we're not doing anything through this kind of legislation to cause disinvestent in companies that do business there. So, for those reasons, I rise in opposition first and foremost to apartheid, but also in opposition to this Pill, because it just doesn't solve that problem."

Speaker Breslin

"The Gentleman from Cock, Representative Huff."

Huff

"Thank you, thank you, Madam Chairman (sic - Speaker), Ladies and Gentlemen of the House. I rise to support the issue of... House Bill 569, the real issue here, Ladies and Gentlemen, is that when dealing with a foreign power, that deal should be one of reciprocity. In other words, what are we getting in return for our money? Where, do you suppose, or how, does South Africa invest our money? For example, what is South Africa doing with over one-half billion dollars invested by the Chicago Teachers' Union? Does she buys Illinois corn, soybean, tractors, fertilizer, farm or dairy products? I think not. But would it be unreasonable to suggest, looking at South Africa's standing in the world of steel production, that some of this money could have gone into revitalizing the steel plants by employing the latest technology, paid for with Illinois dollars, and using slave labor, South Africa is able to produce high grade steel at a fraction of the cost by American standards and then is allowed to dump that steel right back here in the United States. Ladies and Gentlemen, let me suggest and remind to you that we have over two million people who are unemployed in this state, many of whom are steel workers whose plants have been 176 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 closed due to the practice such as this - men who are doomed never to smelt ore again or earn a living making steel. Is it unreasonable to suggest that instead of investing dollars in South Africa, we should turn these dollars, these billions of dollars, back to Illinois, invest them in revitalizing our own steel plants and retraining our own steel workers, because how are we going to have future pension retirees if they have never worked in the State of Illinois? I say it is the worst part of passion borne of insanity for any of you to support the state of apartheid, even at the destruction of our own state, is sheer stupidity."

Speaker Breslin

"The Gentleman from Champaign, Representative Johnson: Johnson." "Mr. Speaker and Members... Madam Speaker and Members of the House, everyone, I think, feels compelled to preface their remarks, and I do, too, by indicating a disavowance and certainly a lack of... not only a lack of support, but a revulsion by the policies of the... of the South African government, and I don't support those either. Neither do I support, as Representative Vinson has indicated, the Soviet Union and its partners in totalitarianism where there is no constitution at all, and where citizens such as Soviet Jews disappear into the innards of the country and are never heard from again and have no constitutional rights whatever. I don't support the past practices of Uganda and countries in right-wing dictatorships in South America, where individuals are, for decades, left to the torture and depredation of the masters of those countries, or the middle eastern countries where one has a trial and execution in a day, or the southeastern asian countries where little children and women are slaughtered by the hundreds of thousands and millions. I don't support those, 177 STATE OF ILLINGIS 83RD G GENERA BAL ASSEMELY HOUSE OF EEFEESENTATIVES TRANSCRIPTION CEBATE 125th Legislative Day May 25, 1984 and if, in fact, you think that Illinois ought to involve itself in international politics, and I think there's a great deal of question about that, I think, to be consistent, se ought to say that those other areas of equally repulsive violations of human rights cught to be addressed. We're not addressing those. I don't know why. I suppose the Sponsor could indicate this is just cne Fart of the problem, and we've got to address it one chink at a time a chink in the armor at a time. I don't believe that.. I believe if we're going to address it, we ought to address it in a broad-based way. I think the argument could certainly be made that notwithstanding the policies of the southeastern government, that black jobs, jobs for South African citizens have been created by the investment of funds through Illinois and otherwise in companies that do business in South Africa. The director of the Massachusetts Fension System, which is one of two systers, ΟΙ two states in the country, that have experimented with this, has indicated in a number of articles and a number of analyses, that the disinvestment system there not only didn't work, but substantially jeopardized the solvency and the strong footing of their pension system. And I guess, further than that, I would ask the Sponsor and I'm not asking this as a question. It's more than a rhetorical question why it is that WE should ask Illincis pensioners, why we should ask teachers and others who have spent a lifetime paying into a system and working for a deserved retirerent, to have that system jeopardized by an experiment in sociology. I don't think that's GUE jcb here. I don't support that government, and I don't think Representative Braun believes that I dc or the others who oppose that Fill dc, but I think this is a dangerous concept. It's dangercus to pensioners in Illinois. It's 178 STATE OF ILLINOIS 83RD GENERAL ASSEMELY FOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1964 dangerous to our financial sclvency, and in sum, it's a bad Bill and ought to be defeated."

Speaker Breslin

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

Flinn

"Madam Speaker, I originally turned my light on to speak to the Eill, but sensing the acad of the House and the lateness in the hour to the last day of a Bill, I'll go back to my regular role and move the previous question."

Speaker Breslin

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

Braun

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. The speakers in opposition to this legislation have raised some questions which, I think, really, are self-answering. The question why South Africa was chosen and not Afghanistan and the Soviet Union. The fact of the matter is, Illinois doesn't have pension funds invested in Afghanistan nor in the Soviet Union. Cur investments are in South Africa, however. The second question is why we should jeopardize our pensioners investments upon which they rely for their retirement, and in response to that, I say to you that their pension funds are Bore in jeopardy when they stand to lose everything than they are by virtue of divestment from that volatile situation. In fact, the experience - and I don't know where Bepresentative Johnson got his... his statement about the experience with divestment in other states, but I can tell you that we have letters from Philadelphia, frcm Connecticut, frce Massachusetts and from the people at Michigan State, all of which indicated their portfolios performed as well as, if not better than... than they had previously, after the 179 STATE GF ILLINOIS 838 3RD GENERAL AS ASSEMBLY BO ROUSE OF REFRESE ENTATIVES TRAN ANSCRIPTION LEBATE 125th Legislative Day May 25, 1984 I say to South African investments were gotten rid of. you, Ladies and Gentlemen, that this Eill, as written, as written and as unamended - even though I would have supported some other Amendments to it - this Fill, as written, will not hurt Illinois business, in fact, will strengthen our pension systems, it will strengthen the opportunities for investment here in cur country, in CUI state, in order to provide jobs and economic development for Illinois workers. I encourage, therefore, an 'aye' vote in behalf of this very important and significant human rights issue."

Speaker Breslin

"The question is, 'Shall House Bill 569 pass?" All those in favor vote 'aye', all those opposed vote 'no". Voting is open. The Gentleman from Cook, Representative Madigan, to explain his vote.

Madigan

"In explaining my vote, I'd like to declare that I mау have a potential conflict of interest on this Eill."

Speaker Breslin

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

Friedrich

"Madam Speaker and Members of the House, I have a great deal of respect for the Sponsor of this Fill, and I know she's sincere, but I would like to relate that a partner of mine just got back from South Africa. Be spent three weeks there, and on his own, without any government leadership or anything else, he went through the black neighborhoods and tock pictures which he brought home and showed to me, and I can tell you that acst of those blacks are better housed than a lot of blacks in Chicago, and I can tell you their kids are cleaner and better educated than Some of ours. Eut I would tell you the other thing. On the back page of the Chicago Tribune not long ago, I saw one of those black countries in South Africa... in Africa that got their freedom. and I can tell you, it showed a 180 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 picture of a woman with a starving baby who had to walk 10 miles to get a small bucket of water so that the child could even have water, so freedom in itself is not all the things that you want it to be, and scue of those countries that got their freedow have been taken over by Russia and are right back in slavery. Now, I's not too sure. I'm not defending what goes on in South Africa, but I can tell you that there are a lot of things worse in Africa than what's going OD in South Africa, as far as the blacks are concerned. As far as the Chicago Teachers' Union is concerned, I would think that the people who are speaking for this Bill have a lot of influence on the Chicago Teachers' Union, and I would urge them to get that money out of South Africa, if I were you, and I hope you do. I don't care whether they invest it there or not. It doesn't bother me, but I don't like to see us getting to this kind of legislation on the floor of this Bouse."

Speaker Breslin

"Representative Terzich, one minute to explain your vote."

Terzich

"Well, yes, Members of the General Assembly. I don't know of any pension system that has favored the disinvesture of their pension funds. ke are talking about a great deal of money. I personally don't believe that it's going to resolve the problem in South Africa. They're asking for approximately 31% of the INEF funds, which is 313 million dollars, 490 million dollars from the Illinois Teachers, 592 million dollars from the State Board of Investments, and this is only a portion of it. That I've been reading material here, and I'd just briefly like to make the statement that the disinvestment of American business in Scuth Africa could result in a greater racial polarity and an increased tension which might result in revolution. American business invclvement in South Africa 181 STATE OF ILLINCIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCBIPTION CEBАTЕ 125th Legislative Day May 25, 1984 is largely responsible for sustaining a peaceful evolution through creating greater economic and educational opportunity for South Africans of all colors. It's important for State legislators to thoroughly consider the to implications of pressure of American business withdraw from South Africa. This investment is not the answer to apartheid. Voting for a disinvestrent ша make SODE individuals satisfied that they've made their righteous gesture to end racism, but they will only be hurting those whom they intended to help, and I certainly believe in that conclusion."

Speaker Breslin

"Representative Bullock, one minute to explain your vote."

Bullock

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I initially was going to speak in debate, and I'm glad that I didn't. I'm also glad that I'm going to to change what I'm going say because of the previcus speaker before last his remarks. Rhodesia in South Africa was named after Cecil Bhodes, and the speaker before last just gave Cecil Rhodes dissertation, which has been repudiated and rejected through the annals of history, and I suggest to that speaker that he not give that speech again, because shite Man's Eurden is dead, just as dead as Jim Crow is in the south. This legislation is Dot a panacea, but as many of my Jewish friends used to say about chicken soup, it won't hurt. I suggest that this legislation will pass this Ecdy one day. The time is Bot now, and we understand that, because urlike some people, we can count. I want to commend Representative Ecwman and Braun and all of those who worked to try and get this legislation this far. It's one of the few times we've had an opportunity for sane and reason debate at final passage. I'm proud to cast an 'aye' vote, and I hope that somewhere 182 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCHIFIION DEBATE 125th Legislative Day May 25, 1984 out there, that Members who come to this Assembly in future years will use somewhat of a different argument, because the opposition arguments, guite frankly. are without foundation and are not ground in reasGD. The real issue is whether or not we oppose... whether we cppose racism in any form. And the only way to oppose racist is to stand up and look zacism square in the eye and say, get ye behind we, racism, as we did in America when we turied Jim Crcw. I'm glad to cast an 'aye vote."

Speaker Breslin

"Representative Ewing, GRE minute to explain your vote."

Ewing

"Madam Speaker, Ladies and Gentlemen of the Ecuse, I don't think the issue here is racism. We are opposed to it, and WE are opposed to the policies of the government of South Africa.. I think it's been well articulated on this side, though, that this is a useless gesture, and will not only cause great suffering in South Africa, tut economic harm in this state. To pass this would to be to show to Illinois business another sign that we don't care whether you stay in this state and employ our workers. Cne final thought that I picked up in my study of this issue. Illinois companies may leave South Africa. That may be your goal. I can assure you that the Japanese and the Germans will be in there so quick to take over, it will make your head swin. We will look like fools, and things will go on as they currently are. I think a 'no' vote is the right vote on this."

Speaker Breslin

"The Gentleman frcm Ccok, Representative Brookins, one minute to explain your vote."

Brookins

"My colleague from the other side of the aisle stated that as be traveled to South Africa what appeared to be nice to him. Let me remind him that the black folks in South Africa cannot even travel arcund freely in their сил 183 125th Legislative Day STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF BEFRESENTATIVES TRANSCRIFTION DEBATE May 25, 1984 country, and if I, a black Legislater she COMES from the inner city and the ghettoes of Chicago, were to go to South Africa today, I myself could not travel freely in South Africa. I think that's enough."

Speaker Breslin

"Representative Tate, one minute to explain your vote."

Tate

"Madam Speaker, Ladies and Gentlemen of the House, I'm probably one of the only Members in this chamber that has lived in Africa, and I had the fortunate opportunity of living in a democracy in Africa, but unfortunately, that country did not have a great deal of American investment a country that had an annual income of $179 a year, a country that had a 50% infant mortality rate, a country very comparable in terrain to South Africa. What we're doing here today, Ladies and Gentlemen, is, we're denying black South Africans, as well as white South Africans, an economic opportunity. We are, today, fcrenting bloodshed, fomenting revclution, and if you want black kabies dead black babies and dead white babies, I think that you should deny those people the economic opportunity, the jobs that American investment gives those people right now, and that's what we're doing by casting an 'aye vote. I would just encourage all of you to consider that when you go to bed tonight. Thank you."

Speaker Breslin

"Have all voted who wish? Have all voted who wish? The Clerk... Bepresentative Lunn, cne minute to explain your vote." Dunn, J.: "Just for the record, I would like to say it would te very easy to put a green vote up there, because this Fill isn't going to pass."

Speaker Breslin

"The Clerk will take the record, on this question there are 37 voting 'aye, 48 voting 'nc" and 13 voting present. This Bill, having failed to receive the 184 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 necessary Constitutional Majority, is hereby declared lost. Ladies and Gentlemen, for an announcement. We are going to be adjourning shortly. We will come back on Tuesday of next week at 12:30 in the afterncon. We will work Tuesday, Wednesday and Thursday. The schedule for Committees has not yet been published, but when you arrive here at 12:30 on Tuesday, it will be waiting for you on your desk. So it will be a normal three day Committee week, starting at 12:30, Tuesday, Wednesday and Thursday. Agreed

O'Brien

Besolutions. Clerk O'Brien: "House Joint Resolution 153, liFrima and Senate Joint Resolution 116, Mays."

Speaker Breslin

"Bepresentative Matijevich, on the Agreed

Resolutions. Matijevich

Resolutions. Matijevich: "Madame Speaker, House Jcint Besolution 153, DiPrima, it declares Jupe, Hire a Vet Month for the State of Illinois. House... Senate Joint Resolution 116, Mays, extends our congratulations to Coach Jim Shields and the Champion Quincy Notre Dave Lady Raiders. 1 LOVE the adoption of the Agreed Resolutions."

Speaker Breslin

"The Gentlemen moves for or the adoption of the Agreed Resolutions. All of those in favGI say "aye, and all those opposed say 'nay. In the crincin of the Chair, the ayes have it, and the Agreed Resclutions are adopted. Representative McPike, for the Adjournment Resolution. Represent... Please read the Adjournment Resolution, Mr. Clerk..."

O'Brien

"Senate Joint Resolution 117. Besolved by the Senate of the 83rd General Assembly of the State oÍ Illinois, House of Representative concurring therein, that when the two Bouses adjourn on Friday, May 25, 1984, the Senate stands adjourned until Tuesday, May 29,1984, at 1:00 P.. and the House of Representatives stands adjourned 185 STATE OF ILLINOIS 83RD GENEBAL ASSEMELY HOUSE OF GEPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 until Tuesday May 29, 1984, at the hour of 12:30 o'clock P..."

Speaker Breslin

"The question is, shall this House adjourn?" All those in favor say 'aye, all these oppose say... How many minutes do you need for perfunctory? The Clerk needs perfunctory Session until all the Senate Resolutions are read. Representative McPike."

McPike

"Thank you, Madam Speaker. I move for the adoption of the Adjournment Resolution."

Speaker Breslin

"Representative McPike moves the adoption of the Adjournment Resolution allowing time for the Clerk to read all of the Senate messages."

McPike

"I simply MOVE for the adoption of the Adjournment Resolution."

Speaker Breslin

"Representative McPike moves the adoption of the Adjournment Resolution. All of those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair, the ayes have it, and this House stands adjourned."

O'Brien

"A Message from the Senate by Mr. Wright, Secretary. Mr. Speaker, I am directed to inform the House of Representatives the Senate has passed Bills with the following title, the passage of which I am instructed to ask concurrence of the House of Representatives, to wit; Senate Bills, #1179, 1381, 1382, 1424, 1456, 1457, 1470, 1524, 1612, 1625, 1645, 1655, 1659, 1725, 1732, 1733, 1743, 1754, 1803 and 1889, passed by the Senate May 25, 1984. Kenneth Wright, Secretary." A Message from the Senate by Mr. Wright, Secretary. "Mr. Speaker, I am directed to inform the House of Representative that the Senate has passed a Bill of the following title, and passage of which I am instruct to ask concurrrance of the House of Representatives, to wit; Senate Bill #1864, passed by the Senate May 25, 1984, by three-fifths vote. Kenneth Wright, 186 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE May 25, 1984 125th Legislative Day Secretary."

Speaker Breslin

"Representative McFike."

McPike

"Thank you, Madame Speaker. I move the House stand adjourned until Tuesday at the hour of 12:30."

Speaker Breslin

"The Gentlemen moves that the House stand adjourned until the hour of 2:30, with time for perfunctory. All those in favor say 'aye'. All those opposed say 'nay'. In the opinion of the chair, the 'ayes' have it, and this House is adjourned."

O'Brien

"Senate Bills First Reading. Senate Bill 1878, Ropp, a Bill for an Act to amend an Act to create. The Child Support Enforcement Trust Fund first reading of the Bill. Senate Bill 1883, Wait, a Bill for an Act to amend the Illinois Public Aid Code. First Reading of the Bill. Senate Bill 1911, Homer, a Bill for an Act in relation to Community Currency Exchanges and Ambulatory Currency Exchanges. First Reading of the Bill. Senate Bill 1943, Breslin, A Bill for an Act to amend the Illinois Environmental Facilities Financing Act. First Reading of the Bill. Senate Bill 1950, Preslin, A Bill for an Act to amend the Environmental Protection Act. First Reading of the Bill. 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 the following Bills and the passage of which I am instructed to ask concurrence the House of Representatives to wit; Senate Bills #1217, 1478, 1924, 495 and 1850, passed by the Senate May 25, 1984. Kenneth Bright, Secretary. Senate Bills First Reading. Senate Bill 1925, Flinn, a Bill for an Act to amend certain Acts in relation to rules and powers of various state agencies. First Reading of the Bill. Senate Bills First Reading, Senate Bill 1612, Wojcik-Karpiel a Bill for an Act in relation to civic centers, and amending 187 STATE OF ILLINOIS 83RD GENERAL ASSEMELY HOUSE OF REFRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day certain Acts herein named. May 25, 1984 First Reading of the Bill. Senate Bill 1625, Ropp, a Bill for an Act in relation to taxes collected on behalf of taxing districts. First Reading of the Bill. Senate Eill 1659, Capparelli, a Bill for an Act to authorize municipalities, counties, and townships to appropriate funds to Private nonprofit organizations servicing runaway youths. First reading of the Bill. Senate Bill 1179, Jaffe, a Eill for an Act in relation to parentage. First Reading of the Eill. Senate Bill 1382, Mautino, a Bill for ap Act to regulate the transportation by rail of hazardous nuclear materials in the State of Illinois. First Beading of the Eill. Senate Bill 1456, Keane, a Bill for an Act in relation to the compensation of the principal and interest payable on certain bonds. First Reading of the Eill. Senate Bill 1457, Keane a Bill for an Act to amend Sections of an Act in relation to state monies. First Leading of the Bill. Senate Bill 1524, Stuffle, a bill for an Act relating to motor vechicles and motor fuel tax. First Reading of the Bill. Senate Bill 1743, Terzich Piel, a Fill for an Act to arend Sections of an Act in relation to Corfensation of emoluments of Members of the General Assembly. First Reading of the Fili. Senate Fill 1754... Strike that. Senate Bill 1790, Jaffe-John Dunn, a Eill for an Act... a Bill for an Act reapportioning judicial Districts and judicial circuits. First Reading of the Fill. Senate Fill 1803, Hastert-Karpiel, a Bill for an Act to amend sections of an Act concerning Public Utilities. First Reading of the Bill. Senate Bill 1889. Terzich-Fiel, a Bill for an Act creating the Compensation Review Ecard, and amending certain Acts in relation theretc. First Reading of the Bill. Senate Bill 1217, Romer, a Fill to for an Act to arend Sections of the Election Code. First Reading of the 188 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 125th Legislative Day May 25, 1984 Bill. Senate Bill 1478, Karpiel, a Bill for an Act to amend the Revenue Act. First Reading of the Bill. Senate Bill 495, Braun, a Bill for an Act relating to the review of increasing hospital costs and the containment thereof and amending certain Acts herein nased. First Reading of the Bill. No further business, the House now stands adjourned." 189 09/18/84 15:06 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 25, 1984 PAGE 1 HB-0091 THIRD READING PAGE 148 HB-0569 THIRD READING PAGE 168 HB-0703 OTHER PAGE 122 HB-1063 OUT OF RECORD PAGE 123 HB-1211 THIRD READING PAGE 86 HB-1334 THIRD READING PAGE 123 HB-1658 THIRD READING PAGE 108 HB-1663 THIRD READING PAGE 110 HB-2010 THIRD READING PAGE 2 HB-2040 THIRD READING PAGE 30 HB-2175 THIRD READING PAGE 25 HB-2321 RECALLED PAGE 112 HB-2321 THIRD READING PAGE 115 HB-2323 THIRD READING PAGE 124 HB-2323 OUT OF RECORD PAGE 132 HB-2368 THIRD READING PAGE 164 HB-2379 THIRD READING PAGE 132 HB-2416 THIRD READING PAGE 138 HB-2426 THIRD READING PAGE 143 HB-2450 THIRD READING PAGE 144 HB-2459 SECOND READING PAGE 91 HB-2459 THIRD READING PAGE 96 HB-2523 THIRD READING PAGE 6 HB-2566 THIRD READING PAGE 14 HB-2595 SECOND READING PAGE 91 HB-2595 THIRD READING PAGE 97 HB-2613 THIRD READING PAGE 133 HB-2657 THIRD READING PAGE 121 HB-2670 THIRD READING PAGE 116 HB-2671 RECALLED PAGE 92 HB-2671 THIRD READING PAGE 95 HB-2574 THIRD READING PAGE 100 HB-2747 SECOND READING PAGE 101 HB-2747 THIRD READING PAGE 102 HB-2762 THIRD READING PAGE 27 HB-2891 SECOND READING PAGE 103 HB-2891 THIRD READING PAGE 103 HB-2900 THIRD READING PAGE 151 НВ-2900 OTHER PAGE 156 HB-2906 SECOND READING PAGE 104 HB-2906 THIRD READING PAGE 105 HB-2961 THIRD READING PAGE 156 HB-3029 THIRD READING PAGE 147 HB-3036 THIRD READING PAGE 36 HB-3037 THIRD READING PAGE 40 HB-3038 THIRD READING PAGE 41 HB-3039 THIRD READING PAGE 42 HB-3040 THIRD READING PAGE 48 HB-3041 THIRD READING PAGE 49 HB-3042 THIRD READING PAGE 52 HB-3043 THIRD READING PAGE 52 HB-3044 THIRD READING PAGE 54 HB-3044 OTHER PAGE 54 HB-3045 THIRD READING PAGE 54 HB-3060 THIRD READING PAGE 77 HB-3062 THIRD READING PAGE 135 HB-3091 THIRD READING PAGE 28 HB-3135 THIRD READING PAGE 165 HB-3141 THIRD READING PAGE 10 HB-3162 THIRD READING PAGE 118 HB-3174 THIRD READING PAGE 55 HB-3175 OTHER PAGE 54 HB-3176 THIRD READING PAGE 57 HB-3177 THIRD READING PAGE 58 HB-3178 THIRD READING PAGE 60 R. P. 09/18/84 15:06 STATE OF ILLINOIS 83RD GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX MAY 25, 1984 PAGE 2 HB-3179 THIRD READING HB-3180 THIRD READING HB-3193 THIRD READING HB-3194 THIRD READING HB-3195 THIRD READING HB-3203 THIRD READING HB-3203 THIRD READING HB-3203 MOTION HB-3227 RECALLED HB-3231 THIRD READING HB-3232 THIRD READING HB-3233 THIRD READING HB-3243 THIRD READING HB-3243 OTHER HB-3255 THIRD READING SB-0495 FIRST READING SB-1179 FIRST READING SB-1217 FIRST READING SB-1382 FIRST READING SB-1441 SECOND READING SB-1441 MOTION SB-1456 FIRST READING SB-1457 FIRST READING SB-1478 FIRST READING SB-1524 FIRST READING SB-1612 FIRST READING SB-1625 FIRST READING SB-1659 FIRST READING SB-1743 FIRST READING SB-1790 FIRST READING SB-1803 FIRST READING SB-1878 FIRST READING SB-1883 FIRST READING SB-1889 FIRST READING SB-1911 FIRST READING SB-1925 FIRST READING SB-1943 FIRST READING SB-1950 FIRST READING SJR-0117 ADOPTED PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE 65 71 72 73 75 21 85 158 164 137 11 161 163 13 189 188 188 188 167 167 188 188 189 188 187 188 188 188 188 188 187 188 187 187 187 187 185 SUBJECT MATTER HOUSE TO ORDER - REPRESENTATIVE MCPIKE PRAYER - RABBI ISRAEL ZOBERMAN PLEDGE OF ALLEGIANCE ROLL CALL FOR ATTENDANCE REPRESENTATIVE GREIHAN IN CHAIR REPRESENTATIVE BRESLIN IN CHAIR AGREED RESOLUTIONS MESSAGES FROM SENATE ADJOURNMENT PERFUNCTORY SESSION MESSAGE FROM SENATE PERFUNCTORY SESSION - ADJOURNMENT PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE PAGE 1 1 1 1 31 86 185 186 186 186 187 189