"... will come to order. The House will come to order. The Members will be in their seats. The Chaplain for today will be Rabbi Barry A. Marks of Temple Israel in Springfield. Rabbi Marks is a guest of Representative Mike Curran. Will the guests in the balcony please rise and join us in the invocation?"
"Lord God, we come before you in prayer to thank you for the beauty of this day, to aknowledge our dependence on you and to ask for your guidance in the fulfillment of our manifold responsibilities. The community which I serve has recently completed its celebration of the Passover commemorating the Israelites liberation from bondage in ancient times. Later this week, we and our friends shall remember with sadness those who perished during the Nazi Holocaust. Victims of man's inhumanity and coldblooded ruthlessness on a scale beyond the grasp of our imagination. The story of Pharoh and Israelites has become part of our universal human heritage. An inspiration to all whoever struggled for freedom, to all who continue to strive for liberty. Lord, we pray, may the hope that the Passover and the springtime season represent soon be fulfilled. That humankind everywhere be liberated from appression and bondage. That us who have known in our time the murderess results of racism and hatred, of regarding others as less than human. Let us begin by casting off the shackles of bigotry and prejudice, by renouncing apathy and indifference to our fellow human's fate, by reaffirming loud and clear that ve are all brothers and sisters made in your image. Kinspeople united by the common joys and burdens, the aspirations and potential of our human situation. Amen."
"We'll be led in the Pledge of Allegiance by 1 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day Representative Ropp." April 16, 1985
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 Curran. ...Zion Park District will be doing some filming on the floor of Representative Churchill and Representative Matijevich and others and they have been given permission to do so. Representative Christensen should be marked present. 113 Members answering the Roll Call, a quorum is present. Mr. Greiman, any excused absences? None. Representative Piel."
"Yes, Mr. Speaker, there's no excused absences at the present time. We're just checking on one person. Thank you."
"Thank you. Representative Zwick should be marked present. She's marked as voting "no"."
"No. No, Mr. Speaker, that's the one we're checking on because she asked somebody to punch her they thought, but they weren't sure."
"Very well. Representative Zwick will be recorded as... will not be recorded as on the Roll Call. Page three of the Calendar, House Bills Second Reading, Short Debate. House Bill 81, Representative Woodyard. Representative Woodyard, do you want your Bill heard? Read the Bill, Mr. Clerk."
"House Bill..."
"Representative Woodyard."
"Thank you, Mr. Speaker. Representative Cullerton has the Amendment on this... on this Bill. Representative, are you ready to go with your Amendment or I'll handle it for you?" 2 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 16, 1985 25th Legislative Day
"Mr. Clerk, read the Bill."
"House Bill 81, a Bill for an Act in relation to the control of technitus (sic - trichinosis) in swine. Second Reading of the Bill. No Committee Amendments."
"Any Floor Amendments?"
"Floor Amendment #1, offered by Representative Cullerton, amends House Bill 81."
"Representative Cullerton, Amendment #1."
"Yes. Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This Bill deals with a swine disease known as trichinosis. Not a very popular disease at this point and time, but you never know. I think you can get it at Bauers, yes. The Bill provides for a Class C Misdemeanor, which means you could go to jail for thirty days if you don't comply with this particular... whatever the Bill does. And so all the Amendment says is that... it adds the words 'a person who knowingly violates'. Just adds a mental state to a criminal sanction that is in... contained in the Bill. Because this does authorize the Department of Agriculture to development and administer this control program requiring certain forms to be filled out, etcetera. And if they were inadvertently a day late or something like that, theoretically someone could go to jail for, as I indicated, thirty days. So, this just says that there must be a knowing violation before there'll be a criminal violation. I move for the adoption of Amendment #1."
"The Gentleman moves for the adoption of Amendment #1, is there any discussion? There being none, the question is, 'Shall Amendment #1 be adopted?' All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it. The Amendment is adopted. Further Amendments?"
"No further Amendments." 3 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day
April 16, 1985 "Third Reading. House Bill 190, Representative Leverenz. The Gentleman on the floor? Out of the record. House Bill 228. Out of the record. Representative Cullerton informs me that you're working on a problem on this. Can we take it out of the record for a minute until we get it cleared? House Bill 294, Representative Steczo. Out of the record. House Bill 335, Representative Ewing. Representative Ewing on the floor? The Gentleman is not on the floor. Out of the record. Representative... 337... Representative Ewing. Out of the record. House Bill 375, Representative Hicks. Is the Gentleman here? Out of the record. House Bill 555, Representative Woodyard. Out of the record. House Bill 570... Nevermind. Mr. Clerk, House Bill 555. Read the Bill."
"House Bill 555, a Bill for an Act to amend Sections of the Agricultural Fair Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. We will now return to House Bill 228, Representative Zwick. Read the Bill, Mr. Clerk."
"House Bill 228, a Bill for an Act to amend the Illinois Vehicle Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Any Motions filed?"
"No Motions filed."
"Any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 573, Representative John Dunn. Read the Bill, Mr. Clerk."
"House Bill 573, a Bill for an Act to amend the 4 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day Illinois Vehicle Code. Committee Amendments." April 16, 1985
Second Reading of the Bill. No Speaker McPike: "Any Floor Amendments?"
"None."
"Third Reading. House Bill 576, Representative Van Duyne. Representative Van Duyne here? Out of the record. House Bill 743, Representative Leverenz. Out of the record. House Bill 787. Out of the record. Page four of the Calendar, House Bills Second Reading, appears House Bill 1, Representative Cullerton. There's been a request for a fiscal note and it has not been filed. Out of the record. House Bill 8, Representative Bowman. Out of the record. House Bill 9, Representative Levin. Representative Ellis Levin. Out of the record. House Bill 16. Out of the record. House Bill 25, Representative Giorgi. House Bill 25. Do you want to hear the Bill? Amends an Act to revise the law in relation to county clerks. Out of the record. House Bill 33, Representative Terzich. Read the Bill. Representative Terzich, a request for a fiscal note has just been filed. You must comply with that before we can move your Bill. There's been a request. There is a request for a fiscal note, Representative Terzich. Mr. Electrician, would you turn on Representative Terzich?"
"I'd like to know..."
"What would you... Yes, proceed."
"Yes, I'd like to know what the requirements are for a fiscal note. Just because someone asks for a fiscal note you have to give them one?"
"That is correct. Those are..."
"Regardless if one is required or not, you still have to have one?"
"That is correct." 5 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day
April 16, 1985 "Then I could ask for a fiscal note on every Bill that's submitted?"
"Yes, you can."
"Thank you. Who put that request in, Mr. Speaker?"
"Mr. Clerk, who filed the request for a fiscal note? Representative Piel filed the request."
"Well, he's a smoker so that doesn't count."
"Representative Piel, is that correct?"
"What did he say about me? Did you take my name in vain?"
"Yes, you can live without it."
"What?"
"You can live without it."
"Oh, okay."
"Alright, let's proceed. Mr. Clerk, would you note that Representative Hyvetter Younge is an excused absence for today and correct the Roll Call for attendance? Representative Breslin in the Chair."
"Representative Harris, for what reason do you Harris: rise?" "Thank you, Madam Speaker. An inquiry of the Chair or perhaps the Clerk, whichever is appropriate. On the House Calendar where it states a State Mandates Act Bill, does that refer to just the Bill then following that statement or the whole list of Bills? And I apologize if this was stated earlier, I didn't hear it."
"It refers only to the Bill that it immediately proceeds."
"Okay. Thank you, Madam Speaker."
"I made the same inquiry myself just a moment ago."
"Thank you."
"The next Bill on Second Reading, Second Legislative Day is House Bill 50, Representative Preston. 6 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 Representative Preston. Representative Ronan. record. House Bill 51, Representative Preston. Representative Ronan. Out of the... Representative. 51. Representative Ronan. Representative Ronan, do you wish to go back to House Bill 50? He does. Mr. Clerk, read House Bill 50."
"House Bill 50, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Amendments filed?"
"No Motions filed pertaining to Committee Amendment #1."
"Are there any Amendments filed?"
"No Floor Amendments."
"Representative Ronan."
"Yes, Madam Speaker, we'd like to take these out of the record."
"Out of the record. House Bill 51. Out of the record. House Bill 68, Representative Rea. Representative Rea. Representative Woodyard. Out of the record. House Bill 89, Representative Ewing. House Bill 89. Clerk, read the Bill."
"House Bill 89, a Bill for an Act to amend Sections of the Code of Civil Procedure. Second Reading of the Bill. No Committee Amendments."
"Are there any Motions filed?"
"No Committee Amendments adopted."
"Are there any Amendments filed?"
"No Floor Amendments."
"Third Reading. House Bill 112, Representative Kubik. Clerk, read the Bill."
"House Bill 112, a Bill for an Act to amend Sections in the title of an Act relating to Physical 7 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day Fitness Service Acts. Second Reading of the Bill. April 16, 1985 Amendment #1 was adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, offered by Representative Kubik, amends House Bill 112 on page one by deleting line..."
"Representative Kubik."
"Madam Speaker and Ladies and Gentlemen of the House, Amendment 2 is a technical Amendment that would remove the criminal penalties in the Bill. The Amendment was suggested to meet opposition to the legislation and as now, puts the Bill in position for passage. I move that the Amendment be adopted."
"The Gentleman has moved for the adoption of Amendment #2 to House Bill 112 and on that question is there any discussion? There being no discussion, the question is, 'Shall Amendment #2 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 Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 142, Representative Currie. Representative Currie. Clerk, read the Bill."
"House Bill 142, a Bill for an Act to provide for state grants to certain public radio stations in the State of Illinois. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"None."
"Third Reading. House Bill 150, Representative Flinn. Out of the record. House Bill 159, Representative 8 25th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 16, 1985 Ronan. Out of the record. House Bill 160, Representative Ronan. Out of the record. House Bill 170, Representative Cullerton. Clerk, read the Bill."
"House Bill 170, a Bill for an Act to amend Sections of the Illinois Vehicle Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, offered by Representative Cullerton, amends House Bill 170 on page two and line eleven by deleting 'center' and so forth."
"Representative Cullerton."
"Yes. Thank you, Madam Speaker and Ladies and Gentlemen of the House. This is a technical Amendment. It cross-references the definition of a child care center as defining Section 2.06 and 2.09 of the Child Care Act of 1969. I move for the adoption of Amendment #2."
"The Gentleman has moved for the adoption of Amendment #2 to House Bill 170 and on that question, the Gentleman from DuPage, Representative McCracken."
"Will the Gentleman yield for a question?"
"The Gentleman will yield for a question."
"How does this affect the covered institutions? Is this greater than your original language or what are the institutions covered by the Child Care Act of '69?"
"I'd have to get the copy of the Act for you. It was pointed out to me that we did not have any definition in the Bill as drafted. It just said 'private child care center', and we want it to... at the suggestion of 'Lou Lowder', who's a consultant with the Traffic Safety and Motor Vehicle Regulation in the State of Illinois, I prepared this Amendment. If you want me to, I'll be happy 9 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 to take the Bill out of the record so I that I can get a copy of the Child Care Act. What the Bill does is just to allow for certain school buses to use safety equipment in the summertime when they're transporting children who are going through their summer camp or private child care center."
"We don't need to take it out of the record, but could we discuss it on Third Reading?"
"Right, be happy to have that available for you before we go on Third."
"Very good. Thank you."
"The Gentleman has moved for the adoption of Amendment #2 to House Bill 170. And on that question, 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?"
"No further Amendments."
"Third Reading. House Bill 178, Representative Terzich. Clerk, read the Bill. Representative Terzich. Clerk, read the Bill."
"House Bill 178, a Bill for an Act to amend Sections of the Illinois Vehicle Code. Second Reading of the Bill. Amendment #2 was adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments filed?"
"No Floor Amendments."
"Third Reading. House Bill 181. Out of the record. House Bill 188, Representative Countryman. Out of the record. House Bill 240. Out of the record. House Bill 243, Representative Klemm. Clerk, read the Bill."
"House Bill 243, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. 10 25th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 16, 1985 Amendments #1 and 2 were adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. Excuse me. Representative Cullerton, for what reason do you rise?"
"Yes, I wonder if the Sponsor... is that Representative Klem?"
"Representative Klemm is the Sponsor of House Bill 243."
"There... We had a question about a... just a technical problem with the Bill and I wondered if he wouldn't mind keeping that Bill on Second Reading so I can discuss that with him?"
"Representative Klemm, there has been a request that you move this Bill back to Second Reading and hold it there for a technical Amendment. The request was made by Representative Cullerton."
"What is the status of the Bill at this time?"
"The Bill has been moved to Third Reading."
"When you weren't paying attention the Bill got moved to Third."
"No, I was paying attention that it moved to Third Reading and there were no Amendments and you hadn't said anything. Why don't we do this, Representative Cullerton, if you got a question, come on and I'll come over there and if we do we'll bring it back next time to Second Reading. How would that be?"
"This guy sounds like he's been around for a few years."
"The Bill is on Third Reading. House Bill 291, Representative Brunsvold. Excuse me, Representative 11 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 Brunsvold, would you come to the Chair for a moment and we'll go back to your Bill if necessary? With leave of the House, we'll go to House Bill 343, Representative Johnson. Clerk, read the Bill."
"House Bill 343, a Bill for an Act to amend Sections of an Act to provide for representation and identification in certain civil law suits. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, offered by Representative Breslin, amends House Bill 343 on page four and line sixteen and so forth."
"Representative Johnson."
"This is as I understand it agreed. The Amendment at the suggestion of Members of the Committee who wanted to clarify that the indemnification provisions of this Bill wouldn't be applicable if the underlying conduct would be criminal with respect to a judge's activity. Representative Breslin and I, as the chief Cosponsor of the Bill, agree with the Amendment, and I think everybody in the Committee who had any concern with the Bill would support this Amendment. And I would move for its adoption."
"The Gentleman has moved for the adoption of Amendment #2 to House Bill 343 and on that question is there any discussion? There being no discussion, the question is, Shall Amendment #2 to House Bill 343 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 Amendment is adopted. Are there any further Amendments?" 12 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 16, 1985 25th Legislative Day
"No further Amendments."
"Third Reading. Going back to the regular Order of Call, Ladies and Gentlemen, appears House Bill 291, Representative Brunsvold. Clerk, read the Bill."
"House Bill 291, a Bill for an Act to add Sections to the Criminal Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, offered by Representative Brunsvold, amends House Bill 291 as amended on page one, line nine by inserting after 'disarms' the following."
"Representative Brunsvold."
"Madam Chairman, I'd like to withdraw Amendment #2."
"The Gentleman withdraws Amendment #2. Hearing no objection, the Amendment is withdrawn. Are there any further Amendments?"
"Floor Amendment #3, offered by Representative Brunsvold, amends House Bill 291 as amended on page one, line nine."
"Representative Brunsvold."
"Amendment #3 to House Bill 291 is language that was requested by Judiciary Committee and puts in 'a person known to him to be', inserts that language, also 'a piece officer is engaged', inserts that language and inserting a comma and a 'the' and also adds 'the Act becomes effective on becoming a law'. I would ask the adoption of the Amendment."
"The Gentleman has moved for the adoption of Amendment #3 to House Bill 291 and on that question is there any discussion? There being no discussion, the question is, 'Shall Amendment #3 to House Bill 291 be 13 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day adopted?' April 16, 1985 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?"
"No further Amendments."
"Third Reading. Ladies and Gentlemen, it is very difficult to hear the discussion on the floor. Please lower your tone of voice. House Bill 334, Representative Brunsvold. Clerk, read the... Out of the record. House Bill 348, Representative Peterson. Clerk, read the Bill."
"House Bill 348, a Bill for an Act to amend Sections of the School Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 356, Representative Brunsvold. Clerk, read the Bill."
"House Bill 356, a Bill for an Act to create the Aledo Community Center Authority in the City of Aledo in Mercer County, Illinois and define its powers and duties. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Brunsvold, amends House Bill 356 on page two, line ten by..."
"Representative Brunsvold."
"Madam Chairman, Amendment #1 adds a punctuation change. Also, there was an incorrect quorum assigned at the back of the Bill. The quorum was not correct. It was a four instead of a five. That has been changed. Also, there has been added an effective date and that's the Amendment."
"The Gentleman has moved for the adoption of 14 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 Amendment #1 to House Bill 356 and on that question is there any discussion? There being no discussion, the question is, 'Shall Amendment #1 to House Bill 356 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 Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 36... Representative Brunsvold."
"With leave of the Chair, Madam Speaker, I'd like to leave this Bill on Second Reading."
"Very good. The Gentleman asks leave to return this Bill to the Order of Second Reading. Hearing no objection, the Bill remains on the Order of Second Reading. House Bill 360, Representative Homer. Representative Homer. Clerk, read the Bill."
"House Bill 360..."
"Out of the record. Excuse me. House Bill 370... House Bill 370, Representative Barnes. Out of the record. House Bill 376, Representative Cullerton. Clerk, read the Bill."
"House Bill 376, a Bill for an Act to amend Sections of the Unified Code of Corrections. Second Reading of the Bill. No Committee Amendments."
"Representative Cullerton. Excuse me. Are there any... Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Cullerton, amends House Bill 376 on page three by deleting line twenty-two through twenty-four and so forth."
"Representative Cullerton."
"Thank you, Madam Speaker and Ladies and Gentlemen of the House. The Bill as originally drafted inadvertently 15 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 struck some language that's in the current statute. The Amendment merely... simply puts that language back into the current law."
"The Gentleman has moved for the adoption of Amendment #1 to House Bill 376 and on that question is there any discussion? There being no discussion, the question is, 'Shall Amendment #1 to House Bill 376 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 Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 377, Representative Cullerton. Clerk, read the Bill."
"House Bill 377, a Bill for an Act relating to exhibitions from jury... exemptions from jury service and amending certain Acts herein named. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments filed?"
"No Floor Amendments."
"Third Reading. House Bill 381, Representative McCracken. Clerk, read the Bill."
"House Bill 381, a Bill for an Act to amend Sections of the Code of Civil Procedures. Second Reading of the Bill. No Committee Amendments."
"Were there any Floor Amendments? Out of the record. House Bill 403, Representative Currie. Clerk, read the Bill."
"House Bill 403, a Bill for an Act to amend Sections of the Illinois Marriage and Dissolution of Marriage Act. Second Reading of the Bill. No Committee 16 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day Amendments."
"Are there any Floor Amendments?"
"None." April 16, 1985
"Third Reading. House Bill 406, Representative McCracken. Out of the record. House Bill 408, Representative Hicks. Out of the record. House Bill 409, Representative Frederick. Clerk, read the Bill."
"House Bill 409, a Bill for an Act to add Sections to the... amends Sections of the School Code. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 414, Representative Ropp. Out of the record. House Bill 419, Representative Cullerton. Out of the record. House Bill 448, Representative Giglio. Clerk, read the Bill."
"House Bill 448..."
"Excuse me, Mr. Clerk. Representative Giglio, for what reason do you rise?"
"Madam Speaker, I believe there's a fiscal note requested. Has it been filed, Mr. Clerk?"
"It has not been filed. Thank you for calling that to our attention, Representative Giglio. The Bill cannot be moved until it is on file. House Bill 449, Representative Giglio. Clerk, read the Bill."
"House Bill 449, a Bill for an Act to amend Sections of the Township Law. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative 17 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day Giglio, amends April 16, 1985 House Bill 449 on page one by deleting all of line twenty-one and so forth."
"Representative Giglio."
"Madam Speaker, Members of the House, I wish to table Amendment #1."
"The Gentleman wishes to withdraw Amendment #1. Hearing no objections, the Amendment is withdrawn. Are there any further Amendments?"
"Floor Amendment #2, offered by Representative Piel, amends House Bill 449 on page one and line twenty-two by inserting after 'revenue' the following."
"Representative Piel."
"Withdraw Amendment #2, please."
"The Gentleman withdraws Amendment #2. Hearing no objection, the Amendment is withdrawn. Are there any further Amendments?"
"Floor Amendment #3, offered by Representative Piel, amends House Bill 449 on page one and line twenty-two."
"Representative Piel."
"Withdraw Amendment #3, please."
"The Gentleman withdraws Amendment #3. Hearing no objection, the Amendment is withdrawn. Are there any further Amendments?"
"Amendment #4, offered by Representative Piel, amends House Bill 449 by deleting everything after the enacting clause and so forth."
"Representative Piel."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. The reason we withdrew the second and third Amendments, initially we wanted so many people to attend the meeting. I've talked to the township and county officials and they felt that the best thing to do would be 18 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 to have a petition signed by so many of the qualified voters from the last previous election stating that they knew that this was going to be brought up at the township meeting. And then if you had a situation like we did in our township last week where they had their annual meeting and the largest township in the state only had twelve people attend. At least it would be brought up to where ten percent of the electors would have signed a petition authorizing the rate increase so the people, at least ten percent of those who had voted in the last township election, would know what the... you know, what the heck was going on as far as a rate increase to their taxes. And this has been done to other Bills... other township Bills. So, you know, in case they don't have a large number attending the meeting at least the people have signed a petition stating that they do know that this is going on. I would ask for a favorable vote on Amendment #4."
"The Gentleman has moved for the adoption of Amendment #4 to House Bill 449 and on that question, Representative Giglio."
"Thank you, Madam Speaker, Members of the House. House Bill 449 now has become Representative Piel's Bill. However, I'm amenable to what he's done. The county and township officials are. And after careful consideration and deliberation, I would ask for a favorable vote from the House."
"The question is, 'Shall Amendment #4 to House Bill 449 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 Amendment is adopted. Third Reading. There were no further Amendments. Isn't that correct, Mr. Clerk?"
"No further Amendments." 19 25th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 16, 1985
"Okay. Third Reading. House Bill 486. Clerk, read the Bill."
"House Bill 486, a Bill for an Act to amend Sections of an Act in relation to the establishment and maintenance of county... Multicounty Public Health Department. Second Reading of the Bill."
"Are there any Amendments filed?"
"No Committee Amendments. Floor Amendment #1, offered by Representative Richmond, amends House Bill 486 on page one by deleting line fourteen and fifteen."
"Representative Richmond."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Actually, there was an error... a technical error in Amendment #1 and I would withdraw that and ask to proceed with Amendment #2."
"The Gentleman withdraws Amendment #1. Hearing no objection, the Amendment is withdrawn. Are there any further Amendments?"
"Floor Amendment #2, offered by Representative Richmond, amends House..."
"Representative Richmond."
"This is purely a technical Amendment. It replaces Amendment #1 which contained a technical error. This Amendment adds additional language in order to grant expanded financial options for County Public Health Departments. I move for its adoption."
"The Gentleman has moved for the adoption of Amendment #2 to House Bill 486 and on that question is there any discussion? There being no discussion, the question is, 'Shall Amendment #2 to House Bill 486 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 Amendment is adopted. Are there any further 20 25th Legislative Day Amendments?" STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 16, 1985
"Floor Amendment #3, offered by Representative Giorgi, amends House Bill 486 on page one by changing lines one through four."
"Representative Giorgi."
"Madam Speaker, this Amendment is to help some public health districts that have some financial problems and it allows them to increase their levy with a backdoor referendum. I urge the adoption of the Amendment."
"The Gentleman has moved for the adoption of Amendment #3 to House Bill 486 and on that question, Representative Piel."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Will the Gentleman yield for a question?"
"Certainly."
"The Gentleman will yield for a question."
"In true Winnebago fashion you sort of mumbled through that. Did you say that this is going to allow with a three-fifths vote of the board a backdoor referendum?"
"Correct."
"To the Amendment, Madam Speaker."
"Proceed,"
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. First of all, Madam Speaker, I would ask for a Roll Call vote on Amendment #3. Ladies and Gentlemen of the House, I hope you pay attention to what Amendment #3 does. This okays by a three-fifths vote of the board a backdoor referendum, a non-voter approved referendum. So what you're basically saying, if you vote 'yes' on this Amendment, that you don't want the voters to approve a tax increase. And so if you vote 'no', you're saying I want the voters to have a choice whether they're going to vote 'yes' or 'no' for a tax increase. I think it's a bad 21 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 Amendment. I think any tax increase should go to the voters in this type of a situation. And I would ask for a 'no' vote on Amendment #3.#
"There being no further discussion, the Gentleman from Winnebago, Representative Giorgi, to close."
"Madam Speaker, Representative Piel has this Bill mixed up with a series of county Bills that I introduced last Session that I'm also going to reintroduce this Session. I'm glad you alerted the House, because those Bills are coming back because some counties downstate Illinois need some help. This does not allow a tax increase by three-fifths vote of the county board, which in my opinion is also extraordinary vote and it's a fair vote. This allows from a petition by the citizens, if they want a referendum on this increase. That's all it is. I urge the adoption of the Amendment."
"The question is, 'Shall Amendment #3 to House Bill 486 be adopted?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 28 voting 'aye, 75 voting 'no' and 8 voting 'present' and the Amendment fails. Are there any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 501, Representative Bullock. Out of the record. House Bill 507, Representative McGann. Representative McGann. Capparelli. Keane. Out of the record. House Bill 511, Representative Matijevich. Out of the record. House Bill 512. Out of the record. House Bill 513, Representative Hicks - Rea. Representative Hicks - Rea. Out of the record. House Bill 545, Representative Rea and Richmond. Out of the record. 22 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day House Bill 572, Representative Dunn. Clerk, read the Bill. a April 16, 1985 Representative Dunn. Representative Dunn, the request for fiscal note has not been filed. The Bill therefore cannot be moved to Third Reading, unless you would like have the Amendments heard today. We'll wait. Very good. Out of the record. House Bill 592, Frederick. Representative Friedrich. House Bill 594, Representative Parke. Bill."
"House Bill 594, a Bill for Clerk, Sections of the Code of Criminal Procedure. of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Cullerton, amends House Bill 534 on page two, line thirteen and so forth."
"Representative Cullerton."
"Yes. Thank you, Madam Speaker and Ladies and Gentlemen of the House. This Amendment is agreed to by the Sponsor and was suggested in Committee. It provides that the bond involved in the criminal cases will be used to pay for attorneys fees and they cannot be used to satisfy dependent's financial obligations first. It should be allowed to pay for his defense fees. So, I move for the adoption of the Amendment."
"The Gentleman has moved for the adoption of Amendment #1 to House Bill 594 and on that question is there any discussion? There being no discussion, the question is, 'Shall Amendment #1 to House Bill 594 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 Amendment is adopted. Are there any further Amendments?" 23 25th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE Clerk O'Brien: "No further Amendments." April 16, 1985
"Third Reading. House Bill 596, Representative Bowman, Representative Bowman. Out of the record. House Bill 597, Representative Bowman. Out of the record. House Bill 598, Representative Saltsman. Out of the record. House Bill 599, Representative White. Clerk, read the Bill. Representative White, a fiscal note request has just been filed. We'll therefore take the Bill out of the record. House Bill 613, Representative Klemm. Clerk, read the Bill."
"House Bill 613, a Bill for an Act to amend Sections of the Child Passenger Protection Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Third Reading. House Bill 702, Representative Kirkland. Out of the record. House Bill 720, Representative Madigan. Out of the record. House Bill 739, Representative Parcells. Clerk, read the Bill."
"House Bill 739, a Bill for an Act to amend the Illinois Public Library District Act. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"None."
"Third Reading. Ladies and Gentlemen, this Bill was reported incorrectly to the Clerk. It should've been reported on the Short Debate Calendar. With leave of the Body, we will move this Bill to the Short Debate Calendar. Hearing no objections, the Lady has leave and the Bill will be on the Short Debate Calendar from now on. House Bill 24 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 808, Representative Giglio. Clerk, read the Bill."
"House Bill 808, a Bill for an Act to amend Sections of the Illinois Municipal Code. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"None."
"Third Reading. House Bill 881, Representative Koehler. Clerk, read the Bill."
"House Bill 881, a Bill for an Act permitting the accumulation of funds for self-insurance of public libraries and library districts. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"No Floor Amendments."
"Representative Cullerton, for what reason do you rise? The Gentleman indicates he does not seek recognition. House Bill 881 moves to Third Reading. Ladies and Gentlemen with permission of the Body, we have two Sponsors of Bills that would like to go back to their Bills on Second Reading so that they can take care of their business. The first one is House Bill 188. It appears on page five on your Calendar. The Sponsor is Representative Countryman. Clerk, read the Bill."
"House Bill 188, a Bill for an Act to amend an Act in relation to the regulation of the rivers, lakes and streams of the State of Illinois. Second Reading of the Bill. No Committee Amendments."
"Are there any Floor Amendments?"
"Floor Amendment #1, offered by Representative Countryman, amends House Bill 188 on page three by deleting line one through seven and so forth." 25 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day
"Representative Countryman. Countryman. Excuse ae. Your mic is April 16, 1985 Representative not working Representative Countryman. Try the one next to you."
"Thank you, Madam Speaker. With leave of the Body, I'd like to withdraw Amendment #1."
"The Gentleman withdraws Amendment #1. Hearing no objection, the Amendment is withdrawn. Are there any further Amendments?"
"Floor Amendment #2, offered by Representative Countryman, amends House Bill 188 on page three by deleting line one through seven and so forth."
"Representative Countryman."
"Madam Speaker, Members of the Assembly, Amendment #2 has been suggested to this Bill by the realators. It has the approval of the Lake Associations and all the other Cosponsors of the Bill. I would ask the Body adopt Amendment #2 to House Bill 188."
"The Gentleman has moved for the adoption of Amendment #2 to House Bill 188 and on that question, the Gentleman from Cook, Representative Representative Cullerton."
Cullerton. Cullerton: "Representative, would you yield for a question?"
"The Gentleman will yield for a question."
"What vas the difference between Amendment #2 and Amendment #1?"
"Misspelling of the word 'rule'"
"Anything else?"
"Underlining. The underlining in Amendment #1 was in error."
"Thank you. No further questions."
"Are there any further questions? The Gentleman from Cook, Representative Madigan. There being no further discussion, the question is, 'Shall Amendment #2 to House 26 25th Legislative Day STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 16, 1985 Bill 188 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 Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. House Bill 334, Representative Brunsvold. Representative Brunsvold. House Bill 334. Clerk, read the Bill."
"House Bill 334, a Bill for an Act to amend Sections of the Illinois Enterprise Zone Act. Second Reading of the Bill. Amendment #1 was adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, offered by Representative Barnes - Brunsvold - McNamara - Hawkinson."
"Representative Barnes."
"Madam Speaker, Ladies and Gentlemen of the House, Amendment #2 has been worked out with the DCCA Department and merely permits for the number of enterprise zones to be approved in 1985 from eight to twelve. And it's just for the year 1985. And all the language is according to their specifications. I would ask for an 'aye' vote."
"The Lady has moved for the adoption of Amendment #2 to House Bill 334 and on that question, the Gentleman from Cook, Representative Cullerton."
"Yes. Would the Lady yield for a question?"
"The Lady will yield for a question."
"The Amendment provides for twelve enterprise zones to be certified in Calendar year 1985 is that correct?"
"That is correct."
"Doesn't the drafting of the Amendment leave open the 27 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 possibility that a total of twelve zones may be certified in '84 and '85?"
"There were twelve certified in the year 1984. So, this provision just refers to the year 1985, Representative."
"Well, I understand what you're trying to do and I know that there were... what I want to make sure is that you don't draft it so that a total of twelve would be for '84 and '85 in which case you wouldn't be able to have any for '85. The second question I have is, are we getting rid of the requirement that Rock Island get a zone?"
"No, Representative, we have included Rock Island. In fact, the director is forwarding a letter to Representative Brunsvold, Representative McNamara and myself."
"Well, the Amendment #1 required Rock Island to get one. I'm just wondering does Amendment #2 give him that same assurance?"
"Yes it does."
"And what page does that give them that assurance of the Amendment?"
"Well, I have always really kind of operated down in Springfield for eleven years by taking people at their word. Since I have the word I... I'd assume it would be correct."
"Oh no I'm not... Alright in other words, Amendment #1 had the words it shall be located in Rock Island County', Amendment #2 strikes that and now we're left with the word as opposed to having it etched in stone in the law. And that's the only reason why I'm questioning."
"Representative Cullerton, I do understand what you are trying to do, but the Amendment was drafted three times until everybody was satisfied. It was felt if we started to get specific and he mentioned Rock Island and Representative McNamara and myself represented the 28 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 'Cal-Sag' enterprise zone there would be a problem. It was thought best to go with a generic form of an Amendment by not naming any specific enterprise zone and we would get a letter of commitment from the director. I discussed this with Representative Brunsvold and Representative McNamara and the director and we are all in agreement if you are satisfied, Representative Cullerton."
"I just want to know what the Amendment does. Now, back to my first question, on line twenty-eight of the Amendment #2, it says 'no more than twelve enterprise zones may be certified by the Department in Calendar year 1984 or in Calendar year 1985'. Now, I just want to make sure that you don't mean a total of twelve for both... both '84 and '85. I think it's a little unclear. I want to clarify it."
"Well, I'm satisfied if the other Representatives are satisfied."
"That it does not limit us to twelve enterprise zones for both '84 and '85. It does not do that, right?"
"No, Representative."
"Okay I have... As long as you've made that clear that that's what you mean even though it doesn't say it, I think we're covered. And I have no further questions."
"It, therefore, being clear that the Sponsor intends that twelve enterprise zones be included in the one Calendar year of 1985 and not to affect other Calendar years. We will, therefore, go to a vote on Amendment #2 of House Bill 334. The question is, 'Shall Amendment #2 to House Bill 334 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 Amendment is adopted. Are there any further Amendments?"
"No further Amendments." 29 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day
"Third Reading. April 16, 1985 Ladies and Gentlemen, ve have had a request to go to page four of our Calendar on the Order of Second Reading Short Debate Calendar to consider a Bill that is ready to move, that's House Bill 576 is there any objection? Hearing no objection, House Bill 576 on the Order of Second Reading Short Debate, Representative Van Duyne. Clerk, read the Bill." Clerk O'Brien: to "House Bill 576, a Bill for an Act relating multi-township districts and amending Acts herein named. Second Reading of the Bill. Amendment #1 vas adopted in Committee."
"Are there any Motions filed?"
"No Motions filed."
"Are there any Floor Amendments?"
"Floor Amendment #2, offered by Representative Van Duyne."
"Representative Van Duyne."
"Thank you, Madam Speaker. I've been instructed by to the staff that Amendment #1 inadequately attempts address the problem. And the problem being that if there is a township left by itself which is still under a thousand population, that they're in a case like that the second township would not be allowed to disconnect. I'm under the opinion that Amendment #1 does not do that because the language in drafting is wrong. So, I want to And with leave of the House table Amendment #1."
"The Gentleman moves to table Amendment #1 to House Bill 576 and on that question is there any discussion? Representative Piel."
"I sorry, Madam Speaker, with all the noise in here I couldn't hear his explanation on why he wanted it tabled."
"A very good point, Representative Piel. Ladies and Gentlemen it is very difficult to hear in this room. 30 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 The Motion under discussion is a Motion to table Amendment #1 to House Bill 576. Representative Van Duyne, would you repeat your reasons for placing that Motion?"
"Yes, the attempt of Amendment #1 was to limit the opting out of a multi-assessment county... township I should say, if there is still one township left with a population under a thousand which would leave that population... I mean that township all by itself which would negate the whole idea of the legislation which created the multi-township assessment levels in the first place.. So, I hope you understand that. Well, we attempted in Amendment #1 to state unaquivicably that if there was still a township left with under one thousand population that the opting out of the second township would not be allowed. The staff instructs me that the Amendment does not do that and So, therefore, I want to table it and substitute Amendment #2, which I think does address it properly."
"I'm looking at the analysis of 2. There is some similarity, Leroy, but it doesn't seem... it seems like there is a difference between the two. What basically does 2 do then that 1 doesn't?"
"Well, #1 as I understand it still allows them to opt out down to where you have one township all by itself, which negates the whole idea of the legislation that we passed previously. So, #2 takes care of that in the last sentence where it says 'district after such disconnection, the disconnection shall not be allowed'. In other words, if there's four townships and two want to opt out... four wants to opt out and they opt out and then you got three left, and three wants to opt out and they opt out, and now you have two left. Number two would not be allowed to opt out if it got down that low, because then you would only 31 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 have one township left and that township would be under a thousand and it would negate previous legislation which is now law which allows for assessment purposes multi-townships to join together and hire one assessment... one assessor. So, I am... your staff can explain this to you better than I. This was brought... This error in drafting was brought to me by the staff and all I'm trying to do is correct it."
"Thank you."
"There being no further discussion, the question is, 'Shall Amendment #1... Committee Amendment #1 to House Bill 576 be tabled?' All those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it and Amendment #1 is tabled. Are there any further Amendments?"
"Floor Amendment #2 offered by Representative Van Duyne, amends House Bill..."
"Representative Van Duyne."
"Thank you, Madam Speaker. I think I've explained why I'm doing this and what the necessity is so I move for 'do pass' or adoption of Amendment #2."
"The Gentleman has moved to adopt Amendment #2 to House Bill 576 and on that question is there any discussion? There being no discussion, the question is, 'Shall Amendment #2 to House Bill 576 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 Amendment is adopted. Are there any further Amendments?"
"No further Amendments."
"Third Reading. Ladies and Gentlemen, moving to page seven on your Calendar, appears House Bills Third Reading Short Debate Calendar. This is Third Reading. House Bill 31, Representative McNamara. Representative 32 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 16, 1985 25th Legislative Day McNamara. Clerk, read the Bill."
"House Bill 31, a Bill for an Act to amend Sections of the Illinois Vehicle Code. Third Reading of the Bill."
"Representative McNamara."
"Yes, this Bill simply provides for parking violators to pay their fines. As it is now, judges can no Longer issue warrants to parking violators due to the decision by the courts. This provides for the Police Department, municipalities, etcetera to issue notification so that the license suspension can take affect in the term of ten parking warrants have been sited."
"The Gentleman has moved for the passage of House Bill 31 and on that question, the Gentleman from Lake, Representative Churchill."
"Thank you, Madam Speaker. Will the Gentleman yield for some questions?"
"The Gentleman will yield for a question."
"Representative McNamara, was the law at this point prior to some court case was this the law before the court case?"
"The... From my understanding of the court case, the Supreme Court decided that the judges could no longer issue... or could issue warrants, but if they issued a warrant for parking violations, they would be subject to civil suit. So, the judges will no longer be able to file those warrants."
"So, then is your Bill consistent with the court case or will the court case still prohibit what your Bill is trying to do?"
"The court case will still prohibit the judges from issuing... not prohibit them, but encourage them not to present the... present the warrants. The other situation 33 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 though is that the Bill now just permits notification to the Secretary of State's Office by the municipalities, Police Departments, etcetera. So, it allows the law to take affect by other means other than a warrant being issued."
"Okay. But this Bill that you have in here now is for ten parking violations and then it also includes two outstanding warrants does it not?"
"That's correct."
"Okay. So that everybody in the Legislature should understand that if they vote for this Bill and somebody has ten parking tickets, they're going to have their driver's license suspended."
"That is absolutely correct."
"No further questions. Thank you."
"On that question again, Representative Cullerton."
"Yes, will the Sponsor yield?"
"The Sponsor will yield for a question."
"The Bill refers to official notice. Now, official notice in these circumstances is a situation where someone has been given a ticket and they've been told to go to court on ten separate occasions, is that correct?"
"That's correct."
"And if they have not gone to court, isn't the practice for them to receive a second notice of these parking tickets? Do they receive any kind of a second notice as far as you know?"
"That is correct. They will have a notification."
"Okay. And then is there a judgment entered against them for failure to show up in court?"
"That I am not familiar with."
"Okay. I think that the... I think that that is what 34 25th Legislative Day STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE April 16, 1985 happens if there's a... there's a couple of chances for the defendant to appear in court. They have not paid the ticket. They have not come to court twice. That has to happen ten times or in effect twenty notices and it's then that the... instead of having to wait for a warrant to issue, it's then that Secretary of State would be notified and then that the license would be suspended. And so I think for that reason that there are enough due process protections in this particular Bill, and I would support it."
"Representative McCracken."
"I move this be taken off Short Debate and ask the requisite number of people to join me in the Motion."
"The Gentleman has moved that this Bill removed from the Order of Short Debate. He is joined by the requisite number. The Bill is, therefore, on the Order of Regular Debate. Proceed, Representative McCracken."
"Will the Sponsor yield for a question?"
"Yes."
"Representative McNamara, I'm not familiar with the case you're referring to. What did it hold? Why are we changing this?"
"In our area this Bill was presented to me by the police officers of the area. One of the problems that occurred was that there was a warrant issued... I'm not totally familiar with the case myself only as reported... and a notification was sent out to the Police Departments that they would not issue warrants in the procedure of parking violations, because by doing that, according to the Supreme Court... the State Supreme Court, they would be subject to civil suit for issuing a warrant for a non-felonious activity."
"In the past, prior to that decision had the warrants 35 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 been issued only for persons convicted or for persons failing to appear or under what circumstances?"
"The same circumstances that were... that are here in this Bill. This Bill does not change the circumstances, the ten parking violations, two outstanding warrants, etcetera. Those warrants were issued for that."
"Okay. To the Bill, Madam Speaker. I think it does change the current law much more dramatically then the Sponsor believes. I understand that there's some concern over issuing bench warrants for minor violations as a result of a Supreme Court decision. But I think that the Amendment adopted in Committee does not, in fact, produce sufficient safeguards to protect the defendant's rights. You know, warrants historically were issued for a failure to appear or in some instances for absconding. Now, this notice process does not necessarily limit itself to cases of absconding or cases of failing to appear. All the Amendment says is that an official notice has been issued informing him that he is charged with ten or more outstanding parking violations. There's no certified mail requirement as to the notice. There is no particular necessity of proof that he has received notice prior to the suspension of the license. I understand the purpose behind this and I think it's a, you know, a very worthwhile purpose, but the fact of the matter is that there are not adequate protections. I think a more proper protection would be some sort of certified notice and limiting its use to those who have been convicted of the parking violations or who have been convicted exparty for failing to appear. Neither of which applies in this case. So, I think it's a good purpose and I'd be willing to work with the Sponsor, but not in this form. This is not the right form."
"The Gentleman from Macon, Representative Tate." 36 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day
"Would the Gentleman yield for a question?"
"He will yield for a question."
"Representative McNamara, do you have any idea of what... how many tickets were issued in the City of Chicago in the last year?"
"I'm sorry, I do not know that number."
"Do you have any idea how many tickets were issued in the City of Chicago between Chicago residents and residents that live in other counties outside the City of Chicago?"
"I don't have that information."
"Representative McNamara, one of the problems I see is what happens to people that are issued tickets that have never been to the City of Chicago before? I mean we have many constituents in downstate Illinois that are issued or given Chicago parking tickets that have never... never been to Chicago before."
"That may happen in my area also, because I am not from Chicago. None of my... the towns in my area are from Chicago. And also this Bill provides that ten parking citations of which a person is notified on ten separate occasions that person elected not to show up in court, elected not to abide by the law. So, therefore, has been self-incriminatory as far as conviction under the law."
"But what happens to the individual that has a problem with his vision and gets numbers mixed up and consistantly come out writing the ticket for the wrong parking... license plate?"
"I believe that the protection existing under the law... ten visionary problems is very unlikely first of all."
"Okay. Thank you."
"The Gentleman from Cook, Representative Levin."
"Would the Gentleman yield?" 37 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day
"He will yield for a question."
April 16, 1985 "Alright. First, a point of clarification. The Amendment that was adopted to this Bill talks about striking what is after, I think, line seven, is the intention to strike all of the language, the rest of the language on page one and page two?"
"I'll pull the Bill out of the record."
"Out of the record. House Bill 37, Representative Olson. Clerk, read the Bill. House Bill 37. Clerk, read the Bill."
"House Bill 37, a Bill for an Act to amend an Act relating to certain custodians of public monies. Third Reading of the Bill."
"Representative Olson." 01son: "Thank you, Madam Speaker, Ladies and Gentlemen of the House. This is a clean up language Bill in Chapter 102 dealing with school boards reporting. It amends the Act relating to publication of annual statements by certain custodians of public monies. And in a quirk of Chapter 102 members of school boards had a report on their... both Section 1017 and Section 4 and at the request of the State School Boards Association, we have offered this legislation and I would seek your favorable affirmation of this piece of legislation."
"The Gentleman has moved for the passage of House Bill 37 and on that question is there any discussion? The Gentleman from McHenry, Representative Klemm."
"Will the Sponsor yield for a question."
"He will yield for a question."
"Representative Olson, in this Bill is this a uniform type of form of reporting that the school districts would fill out this financial information to?"
"Yes. Representative, what it basically says under the 38 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 current statute is that they must complete two forms, both as school board members and as individual public officials. Because as members of school boards they already report under 1017. They seek to be exempt under Chapter 102, Section 4. And it also may have a proclivity to extend the levy time. Thus, depriving them of some interest monies on monies that should be coming from the treasurer of the county."
"Alright. Thank you. To the Bill, Madam Speaker."
"Proceed."
"I certainly support this legislation. I think it's a long time that school districts need to consolidate their reports. I think it'll give us a chance to compare. And I certainly support the Bill."
"There being no further discussion, the question is, 'Shall House Bill 37 pass?' All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Representative Vinson on the question. To explain his vote."
"No, I would like to be recognized after this vote."
"Very good. Have all voted who wish? The Clerk will take the record. On this question there are 116 voting 'aye', 1 voting 'no' and none voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Vinson, for what reason do you rise?"
"Madam Speaker, I rise on a point of person privilege for the purpose of introducing a long term.. long time Member of this chamber who is with us today. An expert on local government law and an expert on election law, former Representative Ed Bluthardt from Cook County who is here today."
"Welcome, Representative. Ladies and Gentlemen, 39 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day this House is preparing to ad journ. announcements. First, Representative April 16, 1985 Be have three Flinn, for an announcement. Representative Flinn, for an announcement."
"Yes, Madam Speaker, there will not be a meeting of the Committee on Financial Institutions today. We only had three Bills and the Sponsors are all holding them... having them postponed for a future meeting date. There will not be a meeting at 4:00, Financial Institutions."
"Representative Johnson is recognized for an announcement. Representative Johnson." Johnson: a "Yes, we just wanted to because some people didn't know. The Armory which is across the street has been made available to us on Tuesdays from 4:30 to 6:30 for Members of the House for their basketball court. He had four or five people couple of weeks ago show up and we'd very much enjoy having anybody else there. We need more than three or four people for a game. So, if you get there between 4:30 and 5:00 or there abouts, we would en joy having you and appreciate the chance to tell you about it." to
"Representative Ronan for an announcement."
"Yes, thank you, Madam Speaker. Since we've got so many Bills that are being assigned the Transportation Committee, I want to let everybody know that they've got to contact the staff person, Dave Kennedy, if they want their Bill posted. If not, then there's not going to be a hearing on it. So, contact Kennedy if you want your Bill posted over the next two weeks."
"Representative Nash for an announcement."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. The Calendar incorrectly lists there's a meeting of the Registration and Regulation Subcommittee on the Health Care Licensing for Thursday, that meeting is Friday at 2:30 at the Hearing Room at the Illinois Center. Friday. It 40 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985 will be corrected on tomorrow's Calendar."
"Very good. Representative Dunn for an announcement."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. The House Judiciary I Committee is scheduled to meet promptly at 8:00 tomorrow morning. We have postponed the starting time several weeks in the past because the volume of Bills was not so great as it is now. Of course, we're moving into the final weeks of Committee action. So, please be there, Sponsors and Committee Members, promptly at 8:00 a.m. tomorrow so we can start on time and take care of our work load. Thank you."
"There will be a meeting of the Task Force, the Democratic Task Force on Education, immediately following adjournment in the Speaker's Office. That's the Task Force on Education in the Speaker's Office. As previously noted by the Speaker, today at 1:20 the Speaker has planned to adjourn in order to allow you to view a film made by the Illinois Coalition Against Sexual Assualt. That film is twenty-four minutes. It is being shown at 1:30 down in Room 212 of the Capitol Building. Are there any further announcements? There being no... There being no further announcements, General Resolutions."
"House Resolution 30... House Joint Resolution 32, Ronan and Giorgi; House Joint... House Resolution 202, Koehler; House Resolution 203, Didrickson; House Resolution 212, Barnes McAuliffe; 215, Flowers et al; and 216, Churchill."
"Committee on Assignment and Death Resolutions."
"House Resolution 217, Countryman, in respect to the memory of Robert Degan and House Resolution 208, sponsored by Representative Soliz et al, in respect to the memory of Arthur Sandoval." 41 STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 25th Legislative Day April 16, 1985
"Representative McPike is recognized for the Adjournment Resolution."
"Thank you, Madam Speaker, I move that the..."
"Excuse me. We need the adoption of the Death Resolutions first. Would you make that Motion, please?"
"I move for the adoption of the Death Resolutions."
"The Gentleman has moved for the adoption of the Death Resolutions. All those in favor say 'aye', all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it and the Resolutions are adopted. Representative McPike."
"Thank you, Madam Speaker. I move the House stands adjourned until tomorrow at the hour of 12:00 noon."
"The Gentleman has moved that this House stand adjourned until tomorrow at the hour of 12:00 noon. 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 until tomorrow at 12:00 noon." 42 07/30/85 16:10 STATE OF ILLINOIS 84TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX APRIL 16, 1985 PAGE 1 HB-0031 THIRD READING PAGE 33 HB-0031 MOTION PAGE 35 HB-0031 OUT OF RECORD PAGE 38 HB-0037 THIRD READING PAGE 38 HB-0031 SECOND READING PAGE 3 HB-0089 SECOND READING PAGE 7 HB-0112 SECOND READING PAGE 7 HB-0142 SECOND READING PAGE 8 HB-0170 SECOND READING PAGE 9 HB-0178 SECOND READING PAGE 10 HB-0188 SECOND READING PAGE 25 HB-0228 SECOND READING PAGE 4 HB-0243 SECOND READING PAGE 10 HB-0291 SECOND READING PAGE 13 HB-0334 SECOND READING PAGE 27 HB-0343 SECOND READING PAGE 12 HB-0348 SECOND READING PAGE 14 HB-0356 SECOND READING PAGE 14 HB-0376 SECOND READING PAGE 15 HB-0377 SECOND READING PAGE 16 HB-0403 SECOND READING PAGE 16 HB-0409 SECOND READING PAGE 17 HB-0449 SECOND READING PAGE 17 HB-0486 SECOND READING PAGE 20 HB-0555 SECOND READING PAGE 4 HB-0573 SECOND READING PAGE 4 HB-0576 SECOND READING PAGE 30 HB-0594 SECOND READING PAGE 23 HB-0613 SECOND READING PAGE 24 HB-0739 SECOND READING PAGE 24 HB-0808 SECOND READING PAGE 25 HB-0881 SECOND READING PAGE 25 SUBJECT MATTER HOUSE TO ORDER - REPRESENTATIVE MCPIKE PRAYER - RABBI BARRY A. MARKS PLEDGE OF ALLEGIANCE ROLL CALL FOR ATTENDANCE REPRESENTATIVE BRESLIN IN CHAIR GENERAL RESOLUTIONS DEATH RESOLUTIONS ADJOURNMENT PAGE 1 PAGE 1 PAGE 1 PAGE 2 PAGE 6 PAGE 41 PAGE 41 PAGE 42