Illinois House Floor Debate — June 26, 1986

"House will come to order. Members will be in their seats. The Chaplain for today will be the Reverend John Curtis, Pastor of First Baptist Church of Taylorville. Reverend Curtis is a guest of Representative Karen Hasara. Will the guests in the balcony please rise and join us for the invocation?"

"He has shown you, old man, what is good. And what does the Lord require of you but to do justly, to love mercy and to walk humbly with your God? Let us pray. Almighty God, You are the one who has gladly created our world and given us the rythum of night and day and... and we begin our work today with the full knowledge that we represent the people of our state, our nation and our world and that we need an extra measure of wisdom and grace as we carry out the visions before us. We confess, Father, to a limitation of knowledge and insight as we decide what's best for our common life. The way is not always clear to us. Sometimes there is confusion as we labor for our people. Sometimes our self-interest disfigures the plans and the perceptions of our common life and the right and the good and best sometimes elude our best efforts. We ask that You would enlighten our minds to find our way through the twilight of choices before us. Help us reason clearly, reflect compassionately and act with resolve in our common life. Our intention, Father, is to promote life, liberty and the pursuit of happiness and we ask Your help through Jesus Christ, our Lord. Amen."

"Be led in the Pledge of Allegiance by Representative Ropp."

"I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice 1  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 for all."

"Roll Call for Attendance. Excused absences? Representative McCracken is excused from the Republican side and none from the Democratic side. Take the record, Mr. Clerk. 117 Members answering the Roll Call, a quorum is present. Agreed Resolutions."

"House Resolution 1505, Hautino, and House Resolution 1506, Cullerton."

"Representative Matijevich."

"Speaker, these are two congratulatory resolutions, and I move the adoption of the Agreed Resolutions."

"Gentleman moves the adoption of the Agreed Resolutions. All those in favor signify by saying 'aye', opposed 'no'. The 'ayes' have it, and the Agreed Resolutions are adopted. Message from the Senate."

"A Message from the Senate, by Mr. Wright, Secretary. 'Mr. Speaker, I am directed to inform the House of Representatives that the Senate has refused to concur with the House in the adoption of their Amendment to a Bill of the following title, to wit; Senate Bill 2129, together with House Amendment #2, action taken by the Senate June 25, 1986. Kenneth Wright, Secretary.'"

"General Resolutions."

"House Joint Resolution 229, Keane. And House Resolution 1504, Giorgi - et al."

"Committee on Assignment. Representative Barger."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the General Assembly, I'd like to take this opportunity to introduce to you a Scout Troop from Glen Ellyn, Illinois, Scout Troop 348, with their scoutmaster, John Rutledge, there in the gallery there in back of the Democratic side. Thank you, Mr. Speaker." 2  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986

"Special Call - Business Regulation, appears House Bill 2485. Gentleman from St. Clair, Representative Stephens."

"Mr. Speaker, with your indulgence, I'd like to take that Bill out of the record."

"Representative Cullerton."

"Mr. Speaker, my understanding of the House rules are that Rule 39(b) gives a Sponsor the right to take a Bill out of the record only on Second and Third Reading. Furthermore, since anyone can make a Motion to either concur or nonconcur, any Member can do that, at this time, I would like to move to nonconcur with the Senate Amendment #1 and 2. Mr. Speaker, if I can explain the reason. The Governor has indicated that he wishes to advance a tax relief package for horse racing. The only Bill... Mr. Speaker, if I could have a little order. I have people asking for your name while I'm trying to talk."

"Representative Tate, if you could just wait a second, I'll get right to you."

"So, Mr. Speaker, the point is, if I could just finish, the point is I think we should be fair to the other side. I think we should let Representative Stephens read Rule 39(b). This would be the fourth time he's taken it out of the record. I'd like not to have to do this. He did ask for our indulgence, which means, apparently, he's thinking about not taking it out of the record the next time he's called. So, I'll be happy to let him read the rule and next time we come to this Order of Business, perhaps he might have a different Motion."

"Thank you, Representative Cullerton. Now, Representative Piel, Churchill, Tate, Ropp, did you wish to address this? Okay. Representative Churchill."

"Thank you, Mr. Speaker. Although the rule is, as it 3  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 was stated by Representative Cullerton, I believe it's been the practice of the House to allow Members to take their Bill out of the Order when we're dealing with this Order of Business. And I think that even though the rule is as said, that it has been the practice of the House, and I don't see how the Representative who spoke on the other side of the aisle can demand that in future that a Member can lose that right to take his Bill out of the Order."

"Well, Representative Churchill, your point... to be honest with you, I'm not clear what your point was. Our rules say that any Member can make a Motion and be recognized for that Motion. Were you trying to dispute that? Representative Churchill."

"No, I would not dispute that. What I was disputing is the ability of a Sponsor to take his Bill out of the record at this stage in the process of the House."

"You would... and at some future date, you're saying that when we're on the Order of Nonconcurrences, the Sponsor cannot take it out?"

"I guess that's what I'm asking as a point of order, if you would clarify that for the House - whether or not a Sponsor of a Bill may take the Bill out of the record on the Order of Concurrence or Nonconcurrence."

"The answer, Sir, is no."

"So then, at any time in the future, if we're on the Order of Concurrence or Nonconcurrence, and a Sponsor wishes to take the Bill out of the record, then we can stand and object and it will be the ruling of the Chair that that Bill must be heard."

"Well, certainly, at this point, I think it's mute because Representative Cullerton has withdrawn his Motion. So, we will proceed."

"Mr..." 4  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"The Special Call - Criminal and Civil Law, House Bill 2658, Representative Greiman. I beg your pardon. House Bill 2409, Representative Greiman. Representative Greiman."

"Thank you. Thank you, Speaker. Excuse me. I would move that the House concur in Amendments #1 and 2 which deal with some changes of venue but which are, we believe, not violative of the spirit of the Act and are protective. So, I would ask for a favorable vote."

"The Gentleman has moved to concur in Senate Amendments 1 and 2 to House Bill 2409. And on that, the Gentleman from DeKalb, Representative Countryman."

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

"He indicates he will."

"Representative Greiman, Senate Amendment #1, as I understand it, that would allow a divorce... where a divorce petition has been filed, the venue would be proper in that proceeding or any other proceeding. Is that correct? And that could be in any county where the residence is located or in a contiguous county or judicial circuit. Is that right?"

"I think it provides for contiguous... venue is proper where it would be a contiguous county or judicial circuit but they would still have to have the normal residency requirements. In other words, you can... we still have a venue... we have venue provisions in our... in our Act and divorce is not quite a transitory cause of action. So, the courts have a right to transfer the venue back to a more appropriate circuit."

"Well, if you remember, I believe Representative Johnson and I had the concern being downstate people..."

"Right."

"... that we didn't want to end up having our clients 5  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 have to travel many miles in the circuit in which Sangamon County is located, the seventh, I believe, is quite big and goes all the way over to..."

"I think that's an appropriate concern. But I think that courts are not particularly interested in keeping cases which really have no relation to their area or their county so that it seems to me if there's a transit... or transitory person who files a suit, they have the power and the right to change the venue and to send it to a more appropriate forum. They still have that right to do that under Illinois law in any event. In any cases, they have that right."

"That's true, but usually that requires hiring counsel, going into that court and filing a Motion for a change of venue."

"I think... I think this is complex enough that it's... You know, we're talking divorces cases, and anybody who doesn't have a divorce... doesn't have a lawyer in a divorce case is, you know, sort of deserves what he or she gets, I suspect."

"What is the effect of Senate Amendment #2?"

"Pardon?"

"What is the effect of Senate Amendment #2?"

"Wait one second. Okay. It's where the... where the court has made a finding, you would want to have the... it's for the protection of the respondent who would want to have a right to open up interim orders. Where there's been some kind of action taken against that person and he wants to have the right to reopen and it says that he should reopen it if he has a meritorious defense, if there's been a lack of notice in the defense, and the court will then set a hearing within 14 days so that he has pretty responsive action if there's been an order which has been 6  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 against him. So, it's really to protect somebody against whom an order has been rendered. That's what the purpose of it is. It does, like this Act... does... it gives some balance to the Act."

"Mr. Speaker, to the Amendments. I have a problem with Amendment #1. I don't have a problem with Amendment #2. And I would ask the Chair to divide the question. Mr. Speaker. Mr. Speaker, I have a problem with Amendment #1 and I don't have a problem with Amendment #2; and, therefore, I would ask the Chair to divide the question. Is that proper?"

"Yes. Any Member can ask for a division."

"And then I would like to speak to Amendment #1. I stand in opposition to Amendment #1 and not in opposition to Amendment #2. My reason for my opposition to Amendment #1 is particularly borne out in my questioning of Representative Greiman. I've supported the Act, and I've supported it in Committee, and I've supported it here on the House floor. However, in downstate Illinois, where many of us reside and many of our districts are, the judicial circuits become quite large. And what this would say, where you're talking about a contiguous county or a contiguous judicial circuit, may be able to take you from Champaign County all the way down to Carbondale or East St. Louis. I think that's too broad. I don't see a necessity for it. And I would, therefore, hope that we would non concur in Senate Amendment #1 and if the Sponsor would so seek, work out amicable language. So, I'd ask the Body to vote 'no' on Senate Amendment #1 and 'yes' on Senate Amendment #2. Thank you very much."

"The Gentleman from Cook, Representative Young."

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

"He will." 7  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"In regard to Senate Amendment 1 are there any requirements or prerequisites as to when a court outside the county of residence could enter an order for exclusive possession?"

"I don't understand the question. I didn't hear the question."

"Okay. My question is, in regards to the order... temporary order for exclusive possession, if that order is entered in a court outside the county or circuit where the property is actually located, are there any guidelines in this Amendment as to when a court or a circuit outside the county of the residence can actually enter such an order?"

"Well, yeah, I think the answer is generally found... -seeded in the law generally; that they would be doing it because of the residence of one of the parties. Now, if that party has found new residence, I think that they may be in trouble and may not get exclusive possession then. So that, it cuts both ways. And here someone comes and says, 'I live in Will County', or something, but they really live in Lake County, then we have a regular venue problem and plus they would certainly defeat some of the... some of the strength of their request for exclusive possession because they would not need exclusive possession. Part... one of the things the court will look at is the necessity of the family to determine... I mean, that's what this Act is about, to give the courts the kind of tools to make sense in the innerfamiliar relationship. So, I think that they would not tend to make... they wouldn't tend to exacerbate the problem. I think they will bring it together. Just illogical."

"Well, for purposes of legislative intent, could you give us an example of when you think this Amendment would come into effect and a court would properly grant exclusive 3  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 possession?"

"Oh, I think the exclusive possession is granted in the way that it has been granted previously, where one of the parties is in... is in dangerous condition, that the continuance of that party to stay in that residence is dangerous to the... to the remaining person or to the children of the parties. And I think that quite clearly we have a body of law which is now about ten years old which defines the exclusivity of that. And courts have not been very willing to remove a husband - usually a husband - from the house. They have not been willing to do that. My own experience tells me that in handling matrimonial matters; that it is a tough nut to get that, and there's a lot more talk about it than actually is done."

"Okay. Our analysis indicates that this order entered by a ...by a court of a county outside the county of residence is effective for only 14 days. Is that correct?"

"Yeah. Right."

"Well, at the end of that 14 days, could the parties continually go back to a court outside their county of residence and keep renewing the same order, or would they have to go back to the county of residence before they could be a permanent order?"

"Oh, no, no. They would have to go back in the county where the residence is located. So, as a matter of fact, you would change that venue and you would go back to the county where it's regulated which is... which would make it a lot easier and which, I think, would help Mr. Countryman's objection as well, to know that if there, in fact, is a controversy that it will go back... eventually it does go back to the county where the residence is. So you wouldn't have this long spread that is of concern to some of the Members, justfully so." 9  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Okay. So this temporary order entered by a court outside the county would only be good for 14 days. Is that correct?"

"Yes, that's right."

"Thank you."

"Further discussion? Representative Johnson."

"With all the commotion, Representative Greiman, I'm sure this question has been asked and answered, but if you'd do it again for me. The Amendment that I added specifically directs itself to the situation and provides that for exclusive possession of a residence, that action has to be brought in the county where the residence exists, or the residence is. Is that provision still in the Bill? That's the one we debated and had a contested Roll Call on."

"No, that's the one the Senate took out."

"Okay."

"The Senate didn't agree to that. They thought it was too inclusive. They thought, also, that the... the parties could be ... be living in another county. Now, my own personal view of it is, Tim, that it would be a rare situation where somebody had established a residency of such magnitude in another county, that they would be using that venue to file the suit, but yet were asking for exclusive possession because they were fearful of their life, they wanted to move back to the original county. In any event, as I understand it, it's only good for one shot. It's only good for an emergency shot of 14 days and then you're back in the residence, in the county where the residence actually is. So that it has very limited application in any event."

"Which Amendment... Which Senate Amendment removed our Amendment on the exclusive possession issue? #1?" 10  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Amendment #1, Tim."

"Okay. Then to the... to the Bill or to the Amendment or to the Motion for concurrence with respect to the Sponsor and proponents of this Bill who have worked well with us and come up with a product that's much better than it was initially. We had a long debate on this House floor. All sides were well represented, and we had a Roll Call and the result of that Roll Call was that a majority of the Members of this House - I don't know what the numbers were - but a substantial majority said that when you're going to take the drastic remedy or take the drastic step of eliminating somebody's right to live in their home, when you're going to grant exclusive possession of a residence, even ex parte, without a hearing to one or the other of the spouses, that you ought not to have to chase halfway across or more than halfway across the State of Illinois to be able to maintain your right to possession. It may be applicable only in a small number of situations or it may not. But the point is we were on record..."

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

"Thank you, Mr. Speaker. Representative Johnson is addressing a very important issue and trying to remind Members how they voted just two weeks ago. And it's so noisy; there's so many people out of their chairs, nobody can listen. And I would just hope that... that the attention of the House can be... we have some order to this process."

"Your point is well taken. If you could clear the aisle right next to your seat and perhaps get that crowd out of the aisle, we'll try to do the same thing on the Democratic side. Give the... give the speaker a little more attention. Representative Johnson." 11  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Wish the electrician would give me some attention."

"Are you finished, Sir?"

"No, the electrician... there we go, okay. I appreciate that, and I really do appreciate the attention of the House. There was a vote on May 21st of 91 to 17 by which the majority of Members of this chamber said that when you're going to take the drastic remedy of taking someone's possession of their home away from them, that, at the very least, that action ought to have to be brought in the county where the residence exists. And to do anything other than that really damages the whole structure. It requires you to spend money, time and resources that could be otherwise devoted to the sustenance of the family to contest or to defend litigation to simply keep possession of a residence. I don't know why anything's different now. The Senate may not have agreed with us. But it's not the first time the Senate won't agree with us. We made a good policy judgement before. And if we go retrenching on some the steps that we made to make this a workable Bill, then I think we're going to be back in the same situation we were when House Bill 2409 came in originally. I would certainly hope that with respect to at least Amendment 01 that we would nonconcur just as we did before and that I suppose there's no particular objection that we would concur with Amendment #2."

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

"Thank you, Speaker. This is a ... I would tell you that the Senate did compromise the language that we put in. There is a 14 day period, and it's only the initial period that can be done in this particular manner. The... They added that, and so that the only length of time that you could have would be 14 days... if you were removed from the 12  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 residency. Now, remember though, this is after a finding of abuse. This is after one party has been guilty of abusing the person... a member of their household. This is where they have been physically abusive. It's not a casual thing. It's not done because somebody is, oh, just, you know, annoying. It's done when there's a finding by competent evidence of abuse. And it is because of that that I think it's critical. Sometimes people are driven out of their homes so they have to go to the next county to where their mother or their sister lives, and that's why this is in there. But that's why there's a balance to it that provides that after 14 days you can come back. The Amendment, I think, is reasonable, and I ask that it be... that we concur in that Amendment. Thank you."

"The Motion is to concur in Senate Amendment #1 to House Bill 2409. All those in favor of the Gentleman's Motion signify by voting 'aye', opposed vote 'no'. The Lady from Champaign, Representative Satterthwaite, to explain her vote."

"Mr. Speaker and Members of the House, simply to reiterate the need for the Senate Amendment which I believe is a very good asset to women who have had to leave their county of residence and have to have a short term availability to that residence while a final resolution of their case is taking place. I see the votes are there, and I appreciate it. Thank you."

"Have all voted? Have all voted who wish? Clerk will take the record. On this Motion there are 73 'ayes', 40 'nos' and none voting 'present', and the House does concur in Senate Amendment #1 to House Bill 2409. On Senate Amendment #2, Representative Greiman."

"I explained that earlier and I think Mr. Countryman indicated that he agreed with the... with the Amendment. I 13  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 would ask for concurrence."

"Gentleman moves to concur in Senate Amendment #2 to House Bill 2409. Any discussion? Being none, the question is, 'Shall the House concur in Senate Amendment #2 to House Bill 2409?' All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Motion there are 107 'ayes', no 'nays', 3 voting 'present', and the House does concur with Senate Amendment #2. And House Bill 2409, having received a Constitutional Majority, is hereby declared passed. Representative Cullerton."

"Yes, for an announcement. For those of you that did not receive your Veterans', or Veterans', Citation yesterday, you should meet Representative DiPrima on the west end of the rotunda for your photo and Veteran of Foreign War Citation and the Disabled American Veteran Citation. That's at the west end of the rotunda. Thank you."

"Representative Ryder in the Chair."

"Thank you, Mr. Speaker. Is the tape rolling on this? Okay. This afternoon it's my pleasure to have a very special introduction. A small town in my district named Berry will be the site of an international competition. Oftentimes we have debates within this House concerning handguns, and there are very heated exchanges concerning that. But the one place where even folks like Representative Greiman and I agree is that there's a legitimate sporting use for competition of handguns. And in Berry, in August of this year, will be a olympic-quality international handgun competition, and we have a Resolution which we passed recently. And this afternoon each one of you in your offices will be receiving a poster concerning this... the Master's Competition. It's my pleasure to now 14  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 introduce to you the Mayor of Berry who'd like to tell you a litte bit about that competition."

Mayor of Berry: "Thank you, Representative Ryder. Mr. Speaker, Members of the House, the Master's International Shooting Championship promises to be a great economic benefit for western Illinois without any state tax dollars being used. The primary sponsor is Smith and Wesson Corporation. They have pledged 250,000 dollars over the next three years. The prize money this year is already over 100,000 dollars and you can see why it's going to be an economic benefit for our entire area. The City of Quincy is the host city because they have the hotels. As of right now, 400 rooms have been taken for that week. And if you're handgun enthusiasts, I invite you all to be in Berry, August 6, 7, 8 and 9 because you're going to see some fantastic shooters. And now on behalf of Lee 'Deeters', President of Smith and Wesson, on behalf of the Pike-Adams Sportsmen's Alliance, on behalf of Vern 'Haystrom', Mayor of Quincy, and all of the people of western Illinois, thank you. Thank you very much."

"Thank you, Mayor. And anyone desiring more information, please let me know. It's a fantastic event of olympic-quality shooters from around the world. Thank you."

"Special Call - State Administration, appears House Bill 1446. Representative Alexander. Is the Lady here? Out of the record. House Bill 2612, Representative McNamara. Sir, would you like to call your Bill?"

"Yes. Thank you, Mr. Speaker."

"Proceed."

"Bill 2612 is a... is the Bill that we passed out of the House. What we did in the Senate was change the Amendment to put the definition for help into another 15  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1936 Section of it so it would not carry the cost, and I believe the Department is in favor of the Amendment at this time. So, I move for its concurrence."

"Gentleman has moved to concur in Senate Amendment #1 to House Bill 2612. Is there any discussion? Being none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 2612. All those in favor signify by voting 'aye', opposed vote 'no'. Have all voted? Have all voted who wish? Clerk will take the record. On this Motion there are 116 'ayes', no 'nays', none voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 2612, and this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Braun in the Chair."

"For what reason does the Gentleman from Will, Representative Regan, rise?"

"For an announcement, please. The VFW awards and the pictures are being taken out in the west side. Will all those please go out and get their picture taken?"

"On the Special Call - State Administration, appears House Bill 2839, Representative Olson. Representative Olson. Representative Olson. House Bill 2839. Mr. Clerk, read the Bill."

"House Bill 2839, amends an Act in relationship to the University of Illinois, together with Senate Amendment #1."

"The Gentleman from Lee."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. I move to nonconcur in Senate Amendment #1 to House Bill 2839."

"The Gentleman has moved to nonconcur in Senate Amendment 1 to House Bill 2839. On that, is there any discussion? The Gentleman from Cook, Representative 16  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Cullerton."

"Yes, Madam Speaker, at this time I would like to make a substitute Motion to concur with the Senate Amendment. So, I oppose his Motion to nonconcur, and I move to concur."

"The Gentleman has made a substitute Motion that the House do concur in Senate Amendment 1 to House Bill 2839. And on that, is there any discussion? The Chair recognizes the Gentleman from Lee, Representative Olson."

"Please take it out of the record."

"Take it out of the record. The Bill is out of the record. House Bill 3340, Representative Greiman. Out of the record. 3346, Representative Braun. Out of the record. For what reason does the Gentleman from Winnebago, Representative Hallock, rise? No reason. Okay. On the Special Call - Education and Local Government appears House Bill 3058, Representative Steczo. Is the Gentleman in the chamber? Representative Steczo. Out of the record. For what reason... Oh, Representative Steczo is here. For what reason does the Gentleman from Cook, Representative Piel, rise?"

"Thank you, Madam Speaker. Is there a possibility the Chair could give us an advance on what Bills you're going to be calling on your Special Calls? We'd appreciate it."

"Representative, the printout on the Special Call on Concurrences has been distributed. However, on this Order of Business there is only one other ... this Special Call Order - Education and Local Government, there is only one other Bill which is 3187, Representative Cullerton."

"Thank you."

"You're welcome. Representative Steczo. Mr. Clerk, read the Bill."

"House Bill 3058, amends an Act to revise the law in 17  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 relationship to recorders, together with Senate Amendments #3 and 4."

"The Gentleman from Cook, Representative Steczo."

"Thank you, Madam Speaker, Members of the House. I would move to concur with Senate Amendment #3 and nonconcur with Senate Amendment #4 to House Bill 3055. House Bill... Senate Amendment #3 with which I would like to concur changes the language as it relates to the Torrens Act. Currently, Section 82 requires tax certificates issued in Cook County to be memorialized on the outstanding certificate of title on file with the registrar of titles within one year from the tax sale when the title to the real estate is registered under the Torrens Act. Because these taxes are not extended in Cook County, the County Clerk must search prior years before issuing the certificates, and the delay provides insufficient time for tax purchasers to search title and to the real estate purchase to determine if the property is registered under the Torrens Act to prepare and file necessary documents for memorialization. So, what this Amendment does is to afford additional time to the tax purchaser to complete all the... all the procedures that have to be done, and it would also relieve unnecessary pressure on the registrar's personnel now caused by the current deadline. I would move, Madam Speaker, for a concurrence in Amendment #3."

"The Gentleman has moved that the House concur in Senate Amendments... in Senate Amendment 3 to House Bill 3058. And on that, is there any discussion? There being none, the question is, 'Shall the House concur in Senate Amendment 3 to House Bill 3058. All in favor vote 'aye', opposed vote 'no'. This is final action. Have all voted? Have all voted who wish? The Clerk will take the record. On this question, there are 111 voting 'aye', 3 voting 13  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 'no', and the House does concur in Senate Amendment 3 to House Bill 3058. Representative Steczo."

"Thank you, Madam Speaker. Now, I would like to nonconcur with Amendment 34 to House Bill 3058. Amendment 34 provided an annual stipend of 3,500 dollars for county recorders, and I would move that the... the House do nonconcur."

"The Gentleman has moved to nonconcur in Senate Amendment 34 to House Bill 3058. And on that, is there any discussion? There being none, the question is, 'Shall the House nonconcur in Amendment 4?' All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The House does nonconcur in Amendment 4 to House Bill 3058. House Bill 3187, Representative Cullerton. Mr. Clerk, read the Bill."

"No, out of the record. Out of the record, please"

"Out of the record. ... edification of the Membership, we will be at ease for a few minutes. We would like to add to this Special Call, just so that we can move the business of the House along, House Bill 2642, which is Representative Giglio's Bill. Representative Piel, this was not on the printout, and I don't mean to surprise anyone. But it makes sense, I think, to take this Bill at this time. 2642. The Gentleman from Cook, Representative Piel."

"Seems we're at ease for a couple minutes. Could we hold that for a couple minutes, please?"

"Representative Hays, for what reason do you seek recognition?"

"Thank you, Madam Speaker. Would you restate what you just did?"

"Representative Piel had asked how many Bills were on this Order. I responded that there were two, which was 19  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 the case. Since we're at ease, however, there is another Bill which we could call at this time, and I suggested that we do that. Representative Piel apparently wants an opportunity to take a look at the Bill."

"Okay. So, Bob's looking it over then. Well, this is published on the Calendar, right? And then you've circulated this around?"

"It is on the Calendar. I was referring specifically to the printout of the Special Call."

"Thank you."

"Alright. Representative Giglio, on House Bill 2642. Representative Giglio, 2642. Mr. Clerk, read the Bill."

"House Bill 2642, a Bill for an Act to amend the Illinois Municipal Code, together with Senate Amendment 1."

"Madam Speaker and Ladies and Gentlemen of the House, I move to nonconcur with Senate Amendment 1."

"The Gentleman has moved to nonconcur to Senate Amendment 1 to House Bill 2542 (sic - 2642). All in favor say 'aye', opposed say 'nay'. Is there any discussion? The Gentleman from Cook, Representative Piel."

"Would the Gentleman mind explaining exactly what Amendment 1 does and why he's nonconcurring please?"

"The Gentleman will yield. Representative Giglio."

"What the... what the Amendment does is there was something that the State Board of Election wanted to do on a... changing one form of government to another and there's something wrong with that Amendment. It's got nothing to do with the original Bill which was to notify the vending machine people whenever there was an increase in their fee. It went over to the Senate clean and they used my Bill as a 20  STATE OF ILLINOIS 64th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1936 vehicle. And, therefore, I move to nonconcur."

"The one problem... the one pro..."

"Representative Piel."

"The one problem you have with that is... let's say that they decide to nonconcur over in the Senate or nonrecede from the Senate. Now it goes into a Conference Committee and now you... you think your Bill is a vehicle now. What would happen then if it went into a Conference Committee?"

"Well, we'll have a couple shots at it in a Conference Committee, Representative."

"Well, so, in other words, you do expect it to go to Conference Committee."

"Yes."

"They're not going to take their Amendment off?"

"If we can't clean it up, we'll take it off."

"What can we expect to see in Conference Committee on this?"

"I assume next couple of days."

"No, I mean, can you give us a little insight, a forewarning of what we might be able to see on this?"

"I think it will be alright."

"That's what worries me, Frank."

"Don't worry. Everything works out by June 30th."

"No further questions."

"Is there further discussion? Representative Giglio, to close."

"I just move that the House nonconcur, Madam Speaker."

"The Gentleman moves that the House nonconcur in Senate Amendment 1 to House Bill 2642. All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the House does nonconcur in Senate Amendment 1. For what reason does the Gentleman from Cook, Representative Cullerton, rise?" 21  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1936

"Thank you, Madam Speaker. Madam Speaker, on the House Floor at this time is a former Member, not only of the House, but also of the Senate, former Alderman in the City of Chicago, the much beloved committeeman of the 44th Ward where I live, Jack Murlow. Jack Murlow's over here."

"Welcome, Senator Murlow. Representative Piel. Representative Piel, on page four of the Calendar is a Bill, 2741, Representative Hoffman, which would be appropriate to be called at this time. Mr. Clerk, read the Bill. 2741."

"House Bill 2741, a Bill for an Act to amend the School Code, together with Senate Amendments 1, 2 and 3."

"The Chair recognizes the Gentleman from DuPage, Representative Hoffman."

"Thank you very much, Madam Speaker, Ladies and Gentlemen of the House. House Bill 2741 had three Amendments adopted in the Senate. The first dealt with the issue of a district which had annexed all the territory of one or more other districts can qualify for supplemental state aid based on the state aid entitlement for that individual and of the individual in annexed district. The second Amendment provided that territory that was detached from one school district and attached to another, the district losing the territory shall not count the average daily attendance of pupils living in territory during the year preceding the effective date, but that it would be moved to the other... to the other district. That meant that all of the accounting and paperwork, if you will, could be done here rather than between the two districts and simplifies the process. The third Amendment, which was proposed by Senator Maitland, provided that the implementation of the new statewide minimum admission requirements and standards for public colleges and 22  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 universities in Illinois, which had been established by the Board of Higher Education, shall be deferred from their implementation or application at the Board of Higher Ed level from 1990 to 1993 and provided that no public college or state university shall be under any duty or obligation to implement these standards until the fall of 1993. The original Bill provided that when school districts petition to form a new unit district, they could establish whatever tax rate they wanted to establish, and this is all subject to a front door referendum. So, Madam Speaker, Ladies and Gentlemen of the House, I move that the House concur in Senate Amendments 1 and 2 to House Bill 2741."

"The Gentleman has moved for concurrence on Senate Amendments 1 and 2. And on that, is there any discussion? The Gentleman from Cook, Representative Cullerton."

"Will the Sponsor yield?"

"He indicates he will."

"I want to direct myself to Amendment #3, Senate Amendment #3."

"Yes, Sir."

"Last year we passed a major reform package, is that correct, that you should be complimented for?"

"Absolutely. One of the outstanding reform packages in the United States, comparable probably to none."

"And you had your fingerprints on that, didn't you?"

"I'm not sure you would want to put it that way."

"No. You should be... You were a primary architect."

"I'll accept that."

"A primary architect of that fine reform package which, as you describe, is one of the finest measures passed anywhere in the United States."

"Absolutely."

"Now, how does this Senate Amendment #3 improve upon 23  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 that package?"

"Senate Amendment 13, of course, was not part of the reform package. This was implemented by the Board of Higher Education. This was not part of the... part of the discussion."

"I see. So, this was a reform package that had been passed prior to last year's reform package, or they did it on their own through rules."

"They did it on their own. It was not ... we had nothing to do with it here. This..."

"And so... and so..."

"Actually what this is is a legislative response to a rule which was passed by a Board which is duly constituted by the statutes."

"Right. And what we're saying simply with this Amendment is that we're going to tell you, we, the Legislature, is going to tell you when we're going to implement these provisions rather than have them decide when they think it's the best time to do it."

"That's... that is correct. Let me point out to the Body that the implementation of the program in 1990 would affect what's happening this next year at the high school level because it will... this will be the class of 1990 that is affected by this. And what we've said in this Amendment, rather than having it on that tight a time frame, is to stretch it out for a longer period of time. I think this was originally introduced at five years and backed down by the Sponsor, who is, of course, very magnanimous. He's seated here to my left and seems to me to be a reasonable compromise."

"Alright. Well, I see it gives a little bit more time for the implementation to work at the lower level, lower grade levels. And it seems like, if not a compromise, at 24  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 least a good deal."

"We do not have deals. We make arrangements."

"Right. That's a good arrangement."

"Is there further discussion? Representative Hoffman."

"Thank you, Madam Speaker. In case there's be any confusion, I'm asking that we adopt... concur in Senate Amendments 1, 2 and 3."

"I'm sorry, Representative Hoffman. There are several people wishing to speak. I thought you had..."

"No... I just wanted to make sure there was no confusion. I'm asking for all three... concurrence in all three Amendments."

"Alright. You had originally moved to concur in only 1 and 2. Now you are seeking concurrence in 1, 2 and 3. Alright."

"Correct. That was my error."

"Yes. Alright. The Gentleman from McHenry, Representative Klemm."

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

"He indicates he will."

"Representative Hoffman, on Senate Amendment 2 perhaps you could clarify something for me. And that is, it seems as if if a district is losing territory shall... and it shall... it shall not count the average daily attendance of the pupils living in the territory during the year preceding the effective date of the boundary change. Now does this mean that if a district loses a part of its school district area, say, in 1987, that it could not even count 1986 for those students that attended that school in its ADA count?"

"The reason... what we're doing here is the state aid 25  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 comes in on last year's count, not on this year's count. The only reason we used the last year's count is because that's the only absolute, certain figure we have."

"Don't we use three years in averaging it?"

"Well, but that's still the last year's count. It's the... you know, it could be a three year average. But that's the last year count that we use to pay them on for expenditures in the following year. In other words, we are going to decide what state aid is this year based on last year's count, and during the '86/'87 year, we're going to pay them on that basis. What this says is that those students who move on, that money will be paid by the state directly to that school district rather than going back to the old district and having to have more paperwork to get the money back to the other district."

"So, in essence, it's not really diminishing the school count for that school that lost students while the students were still in that attendance center, because they had those expenses."

"That's correct. That's an excellent way to put it."

"Alright. Fine. Thank you very much."

"Is there further discussion? The Lady from... The Gentleman from Livingston, Representative Ewing."

"Would the Representative yield?"

"He indicates he will."

"Representative Hoffman, the original underlying Bill here, or maybe it's in one of the Amendments, deletes the maximum rates for certain rates that are... transportation, health, safety purposes. Does that mean that the school district can automatically increase to any level they want or does that mean that they can go by referendum to any level they want?"

"Goes by referendum when they're organizing the new 26  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 district so that the people know what the rate is going to be when they vote for reorganization."

"Hasn't that been a problem in some cases where the maximum rates allowed would not allow that new district to function financially and so this is just an effort so that they can set the rates they need, but it will have to be voted on up front?"

"That is a correct analogy."

"Thank you."

Speaker Braun: "Is there further discussion? The Gentleman from Winnebago, Representative Mulcahey."

"Gene, in reference to Amendment #1, how does this differ from the... the way law reads today and why is Amendment #1 creating a liability or... asset as opposed to the way it exists today? Why is it better than it is right now?"

"Actually what it does, right now, those supplemental payments affect only districts who have consolidated. This expands that to include those cases where there has been an annexation, which is different than a consolidation. One district just agrees to become part of the other, just go out an annex it. Under the present law, annexed territory would not qualify; yet, the result would have been the same. And so, we have broadened that definition to include annexation."

Speaker Braun: "Is there further discussion? There being none, the Gentleman has moved for concurrence on Senate Amendments 1, 2 and 3 to House Bill 2741. All in favor vote 'aye', opposed vote 'no'. This is final action. Voting is open. Have all voted? Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 97 voting 'aye', 10 voting 'no' and House... and the House does concur in Amendments 1, 2 27  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 and 3 to House Bill 2741. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Regular Calendar on page two appears Senate Bills, Second Reading. Senate Bill 332, Representative McGann. Out of the record. Senate Bill 1734, Representative Leverenz. Out of the record. Senate Bill 2000, Representative Greiman. Out of the record. Senate Bill 2061, Representative Mautino. Mr. Clerk, read the Bill."

"Senate Bill 2061, a Bill for an Act to create the Atomic Radiation and Dioxin Poisoning Victims' Advisory Council. This Bill has been read a second time previously. No Committee Amendments."

"Any Floor Amendments?"

"Floor Amendment #1, offered by Representative Shaw - Flowers - et al."

"The Gentleman from Cook, Representative Shaw, on Amendment 1. Representative Shaw."

"Thank you, Madam Speaker. Amendment #1 sets aside a commemorative holiday for Viet Nam veterans March 29th. I'd move for its adoption."

"The Gentleman moves the adoption of Amendment 1. On that, is there any discussion? The Chair recognizes the Gentleman from DuPage, Representative Hoffman."

"Thank you very much, Madam Speaker, Ladies and Gentlemen of the House. Let me just share with you that this Amendment provides a commemorative holiday and places it in the School Code. This is a Viet Nam commemorative holiday to be known as Viet Nam War Veterans' Day. I would suggest to you that we have had a number of commemorative holidays which have become days in which students are not in school. Senator Cullerton... or Representative Cullerton mentioned the Reform Act that we passed last year where we're putting emphasis on student learning and that 28  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 we do not need to clutter up the statute with other commemorative holidays. Now this is not to negate the service of the people who served in the Viet Nam War or to negate the fact that they were not treated properly by the general public when they... when they came back, nor to recognize that we're going through a period in our history where we're beginning to understand the pressures under which these young people were put. I would suggest to you, however, that we do have a Veterans' Day, and that Veterans' Day recognizes all people who have served in the... in the Armed Forces in an appropriate way if they are interested in participating. I, too... I, too, served in the Army at an earlier period of time. I was involved in overseas duty. I spent a year and a half overseas. So, I have some understanding of this... of this issue. I also have an understanding of the issue from the School Code point of view and from the history of commemorative holidays. I recognize the Gentleman's interest in this. I know he had a request from this... from someone in his district, and I know he has done a great deal of work to bring this around to where we're in a position now that we're discussing it. I discussed it with him early on and indicated my position. I would suggest that we have a veterans' holiday and that includes all veterans. I don't think we should bifercate or divide one veterans' group from another in any other way, shape or form. And for that reason, I rise in opposition to the Gentleman's Amendment."

"Is there further discussion? The Chair recognizes the Gentleman from St. Clair, Representative Stephens."

"Thank you, Madam Speaker, Members of the House. I guess it's been 16 years now since I came back from Viet Nam and, like many of my comrads, from that war and wars 29  STATE OF ILLINOIS 54th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 before, we were not welcomed with a particular amount of glee by our comrads that were still here in the states. It was my unfortunate circumstance to spend 18 months in the hospital recovering from wounds that I received in Viet Nam. And I have to tell you that although it's very popular to say that we were... we were not popular veterans, that we were shunned by the public, that that was not always the case. Indeed, many days that I layed in the hospital in Scott Air Force Base, civilian groups and veterans' groups and those who cared of my neighbors came by to offer me encouragement. And to this day, on Memorial Day and on Veterans' Day, I feel proud to be not only a Viet Nam veteran, but a veteran for the very meaning of the word. Those of us that have had the opportunity to serve our country are proud of what we did, no matter whether it was in Europe or Korea or Viet Nam. Many of you who are going to vote on this issue may think that if you don't support this that it's an insult to the Viet Nam veteran. And I would like to tell you that that's not the case. We are veterans, as our brothers who went before us. We want to be recognized just as that. We don't need a special holiday. You have welcomed us home, and we're glad to be here. Thank you."

"Is there further discussion? Chair recognizes the Gentleman from Marion, Representative Friedrich."

"Madam Speaker, Members of the House, I don't think there's anyone on either side of the aisle here that doesn't have respect for the veterans of all of the wars in which the United States has been engaged, which is now some six or seven. But I certainly applaud Representative Stephens in his statement. Those of us who served are all veterans, and we served our country in a time of need. And I think we are recognized, for those who did not make it on 30  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Memorial Day and for the others on Veterans' Day in November. And we keep on doing this, there won't be any school because we'll have so many holidays we can't keep track of them. This will lead to a holiday and from then on. We have no Korean veterans' holiday. And I think that it is not disrespectful to those who were in Viet Nam now not to commemorate it by another special day."

"Is there further discussion? The Lady from Cook, Representative Didrickson."

"Yes, thank you, Madam Speaker. Would the Sponsor yield for a question, please?"

"Indicates he will."

"Representative Shaw, this Amendment does what? How do you define a commemorative holiday? I just would like a point of clarification on this."

"It would... it would be just a day that would be set aside for the veterans... for the Viet Nam veterans to have a parade, a march. There would be no schools, no banks, no..."

"There would be no school?"

"There would be no schools closed, no banks closed, no public buildings closed. It's just a holiday for them."

"So, this isn't the same as what we did with Pulaski Day a year ago with regards to a day off from school."

"No, it's not. No, it's not."

"Thank you."

"Is there further discussion? The Gentleman from DuPage, Representative Barger."

"Thank you, Madam Speaker. Ladies and Gentlemen of the General Assembly, I had relatives that have fought in every war that this country has ever been involved in from the very beginning through the war in Viet Nam. And the first Memorial Day parade I marched in, the older veterans were 31  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 left over from the Civil War. This Memorial Day celebration was established at the time immediately after the Civil War - that's entirely right - to recognize the veterans of the Union Army. The Confederate Army had their Memorial Day in April. The two of them were combined and we have honored all of the soldiers of all of the wars of the United States on the 30th of May since that time or changed to the date that was convenient for an extended weekend. Putting a special day for veterans of one particular way adjacent to the day that we honor the veterans of all of the other wars is ridiculous and is just the first step towards establishing a four day weekend at the end of the month of May. There is no way that we can honor our soldiers more, our Korean soldiers more than considering them in the same class with all of the other veterans who have fought for this country. No one... Viet Nam - alright, fine. The Korean War was also a police situation. But I do feel that it is totally improper to single out one category. If we did do that, we could have a Memorial Day for the veterans of the Revolution, a Memorial Day for the veterans of the War of 1812, a Memorial Day for the Mexican War, a Memorial Day for the Civil War, a Memorial Day for the Indian Wars, a Memorial Day for the Spanish-American War, a Memorial Day for World War I, a Memorial Day for World War II, a Memorial Day for the Korean Incident and a Memorial Day for Viet Nam. I think... and Custer's Last Stand, right. I would respectfully suggest that we vote 'no' on this Bill."

"Is there further discussion? The Lady from Marshall, Representative Koehler."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I know everyone here in this chamber today has tremendous empathy with those who are veterans of the 32  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Viet Nam War. We also have tremendous empathy and deep appreciation for all of those who have served in the Armed Forces. I know I have a 19 year old son who just recently went in for his basic training into the service. And I certainly can appreciate what each one of us feel here in this House of Representatives and throughout the State of Illinois. Why, in fact, just a few weeks ago throughout Illinois thousands turned out in the streets of Chicago to observe their appreciation for the service of the Viet Nam veterans. Thousands turned out in downstate Illinois. Why, I know, even in my hometown of Henry, Illinois, there is a plaque being erected to the Viet Nam veterans in our own park. But I would point out that these are all voluntary observances and they are outpourings of the heart. People throughout the State of Illinois are already observing and giving deep appreciation for the services of those who served in Viet Nam. But it is also important to point out that we appreciate what all veterans of all Wars have done and every individual who has taken the time and made the commitment to serve their country and the Armed Forces. I think that we would be better served in serving the veterans of Viet Nam and the people of that era if we were to devote our attention to those who are missing in action. We have learned just recently that Illinois ranks second only to California in the number of those who are missing in action from our state. I know in my own Representative District, there are four individuals who are missing in action and their families are crying out for our assistance in finding those that are missing in action. So, I would point out that we would be better served and so would those who are veterans of this Conflict if we were to concentrate our efforts in finding those who are missing in action. Thank you." 33  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Is there further discussion? The Gentleman from Cook, Representative Kubik."

"Madam Speaker, I move the previous question."

"The Gentleman has moved the previous question. The quest... Representative Vinson, for what reason do you rise?"

"Mr. Speaker... or Madam Speaker, Ladies and Gentlemen of the House, I have the rare privilege today to be able to introduce on this side of the aisle the... a Gentleman who, for a number of years, sat in this particular seat and voted and probably passed more Bills than anybody who served in the General Assembly at that time, Former Representative Chuck Campbell of Danville, Illinois. Hailed, hardy and ready to pass a Bill."

"Welcome back, Representative Campbell."

"The Gentleman has moved the previous question. The question is, 'Shall the previous question be put?' All in favor say 'aye, opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the previous question is put. Representative Shaw, to close."

"Yes, Madam Speaker, I think it was pointed out by one of the speakers that... how we appreciate veterans and the people that are still left in Viet Nam. I think there's no better way to remind the citizens of Illinois, to keep pressure up on the government, to remind them that on March the 29th, that the commemorative holiday would be set aside, that we are still looking forward to bringing those people that are missing, are still left in Viet Nam, home. And I think this is a good Amendment. I think it's well deserving by the... by the Viet Nam veterans. I think they should have it. And there is no... this would not create a legal holiday. The only thing that this does is set aside a day that would be... that the Viet Nam veterans and all 34  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 veterans that they care to join in in observance of the people that spent time in Viet Nam. And I think that it's a worthwhile cause. I think that the veter... Well, I know that the veterans' organizations around this state supports this Amendment. They want the Amendment. They want the 29th. And I ask for the adoption of the Amendment."

"The Gentleman has moved the adoption of Floor Amendment 1. All in favor say 'aye', opposed say 'nay'. All in favor vote 'aye', opposed vote 'no'. Voting is open. Have all voted? Have all voted who wish? On this question... Mr. Clerk, take the record. On this question there are 67 voting 'aye', 37 voting 'no'. The Amendment is adopted. Further Amendments?"

"There are no further Amendments."

"Third Reading. Representative Hautino asks leave for immediate consideration of House ... Senate Bill 2061. On that, is there any discussion? Being none, the question is, 'Shall the House consider this Bill immediately?' All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the Bill is to be considered now. Mr. Clerk, read the Bill."

"Senate Bill 2061, a Bill for an Act in relationship to Atomic Radiation and Dioxin Poisoning Victims' Advisory Council. Third Reading of the Bill."

"The Gentleman from Bureau."

"Thank you, Madam Speaker. Ladies and Gentlemen of the House, Senate Bill 2061 establishes and creates the Atomic Veterans' (sic - Radiation) and Dioxin Poisoning Victims' Advisory Council to assist those veterans and their offspring with the effects of radiation and dioxin poisoning. Numerous Illinois veterans were exposed to radiation during the nuclear testing of the 1940's and 1950's and many others were exposed to Agent Orange during 35  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 the Conflict in Southeast Asia. It is the responsibility, in my estimation, of the state to determine the extent of injuries from such exposure and it provides support and counseling services to those victims and their families. The Advisory Council which is established in this legislation is consisting of ten members from walks of... all different walks of life and from those veterans who have served in areas where nuclear weapons were tested, members who served in the veterans of the war in Southeast Asia who were exposed to the defoilents and herbicides used in that Conflict and members from the medical profession and consultants with extensive knowledge of the effects of radiation and dioxin exposure. There is also embodied in this legislation 150,000 dollars for the Council expenses and it has a three year sunset provision which would be completed on July 1st of '89. I think that Mr. Jim 'Stachs' presentation as it pertains to Viet Nam veterans just yesterday hit at the heart of this Bill and the necessities for the State of Illinois to provide the information for those victims of Agent Orange and the atomic and nuclear weapons testing that occurred in previous years, not only in the wars, but here in the states in testing circumstances. Therefore, I move for and seek your support for Senate Bill 2061 as amended by Representative Shaw setting forth the commemorative holiday and provide for the ... the importance of the counseling services, the research and analysis as it pertains to Agent Orange and atomic testing foilents. And I ask for your support."

"The Gentleman has moved for passage of Senate Bill 2061. On that, is there any discussion? The Gentleman from DuPage, Representative Hoffman."

"Thank you, Madam Speaker, Ladies and Gentlemen of the 36  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 House. I opposed Amendment 31. However, the basic contents of the Bill are important and should be considered. I think it's unfortunate that Amendment 31 has clouded the issue on this Bill; and, because of the adoption of Amendment 31, I plan to vote 'present' on this legislation."

"Is there further discussion? There being none... The Gentleman from St. Clair, Representative Stephens."

"Thank you, Madam Speaker. Just briefly, since I stood in opposition to the Amendment 1. Even with Amendment 1, I think this is an issue that deserves our consideration, and I would urge an 'aye' vote from this side of the aisle. Thank you."

"Is there further discussion? The Gentleman from Bureau, to close, Representative Mautino."

"Thank you, Madam Speaker. I believe everyone understands exactly what's in the legislation. I support it in total and I'm sure that all of my colleagues do realize the importance of providing the service, the analysis, the research and development as it pertains to atomic weapons and Agent Orange considerations, and I as for a 'yes' vote."

"The Gentleman has moved for the passage of Senate Bill 2061. All in favor vote 'aye', opposed vote 'no'. This is final action. Voting is open. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. On this question there are 115 voting 'aye', none voting 'no'. Senate Bill 2061, having received a Constitutional Majority, is hereby declared passed. On page seven of the Calendar, on the Order of Nonconcurrence, appears Senate Bill 415, Representative Keane. Representative Keane. Out of the record. Senate Bill 1320, Representative Ewing. Representative Ewing. Senate 37  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Bill 1320 on the Order of Nonconcurrence. Mr. Clerk, read the Bill."

"Senate Bill 1320, creates a General Not-For-Profit Corporation Act, together with House Amendment #2."

"The Gentleman from Livingston, Representative Ewing."

"Madam Speaker, I move that we nonconcur in ... move to... pardon me, move to refuse to recede from the Amendment... Amendment 2."

"The Gentleman has moved that the House refuse to recede from House Amendment 2 to Senate Bill 1320. On that, is there any discussion? There being none, all in favor say 'aye', opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The House does refuse to recede from House Amendment 2 to Senate Bill 1320 and requests that a Conference Committee be appointed. Senate Bill 1517, Representative Terzich. 1517."

"Senate Bill 1517, amends the School Code. The Senate has nonconcurred with House Amendment #2."

"The Gentleman from Cook, Representative Terzich."

"Yes, Madam Speaker. I would like to refuse to recede from House Amendment #2."

"The Gentleman has moved that House... refuse to recede from House Amendment #2 to Senate Bill 1517. On that, is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Piel."

"Could you explain to us why the or what the action of the Senate was? Could the Sponsor explain to us why because I have a question in reference to the Amendment itself?"

"Representative Terzich."

"No, it's just that they did not accept the Amendment #2 and I don't want to recede from Amendment #2."

"The reason that I asked the question, Representative, is 38  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 because Amendment #2 was... did have a default to it because or a fault to it because the problem that we had with the 28 inch seat belt ..."

"The high back seats on school buses."

"Right, but the problem was that the prerequisite or the requirements that were in this Amendment, and it was called to our attention after we had adopted it, were for the small... it was under the federal standards for the smaller buses, but we were saying that had to be on the larger buses in which it could not fit in, and that was possibly the reason they would not accept Amendment #2, and if we refuse to recede on this thing because it is a faulty Amendment..."

"Well, then we'll have it corrected in a Conference Committee."

"I would ask that you reconsider that."

"Well then we'll correct it. Well then we'll correct that."

"I'm sorry, what?"

"I say, then we can correct that problem in a Conference Committee."

"You would have to change the entire Amendment around. Where I say, if you would just drop the Amendment we can go ahead and send the Bill to the Governor at the present time."

"Yeah, but... or we could have a Conference Committee and correct it."

"You want to use it for some other purpose, correct? Thank you very much."

"You're welcome."

"Is there further discussion? The Gentleman from Cook, Representative Cullerton."

"Yes, as a Sponsor of the Amendment, I just wanted to 39  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 thank Representative Piel for pointing out apparently that there may be a defect in that Amendment, and I would be happy to work with him in the Conference Committee to correct the defect and to ensure that the Bill, when it passes, it passes in the proper fashion. But, the way to do that is to go to a Conference Committee and the way to do that is to refuse to recede."

"Is there further discussion? The Gentleman from Cook, Representative Leverenz."

"Will the Sponsor yield?"

"He indicates he will."

"The Amendment 2, is that the part that provides the hold down restraints for seat belts?"

"He'll let Representative Cullerton answer that. It was his Amendment . Where did he go any how?"

"Hell... "

"Well its... oh, boy, look at this... I got a special carrier over there."

"Are you in favor of that Amendment?"

"I'm in favor of good government."

"For seat belts and school buses which is what Amendment 2 does?"

"It is my understanding that... "

"And we all know that the... "

"... It has nothing to do with the seat belts. It has something to do with the height of seats in school buses and not with the restraints."

"No, no, no, we agreed in Committee that compartmentalization was okay. Those representing the school bus companies were against, and a commitment on a couple of other Bills was that this would never happen, but now we see this same Amendment back in your Bill making it a very bad Bill. So, I just want the Membership to know 40  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 that those representing the school bus industry are not in favor of this. They are not for it and Mr. Noel Biery never said he was for it and he's against it. Thank you."

"Who is Mr. Noel Biery?"

"Is there further discussion? There being none, the question is, 'Shall the House refuse to recede from House Amendment 2 to Senate Bill 1517'? All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair the 'ayes' have it. The House does refuse to recede. The question is, 'Shall the House recede from House Amendment 2 to Senate Bill 1517? All in favor vote 'aye, opposed vote 'no'. The question is, 'Shall the House refuse to recede from House Amendment 2 to Senate Bill 1517?' Shall the House refuse to recede... Representative Terzich."

"Well, let's explain I don't want to recede from this. Now what does this require to meet my... I know, a 'yes' or 'no'?"

"If you want to refuse to recede, you vote 'aye' on that Motion."

"Oh, okay the good guys will vote 'aye' and the bad guys will vote 'no'."

"Have all voted? Representative Van Duyne."

"I don't want to expose myself to any laughter, Madam Speaker, but to tell you the truth, Representative Leverenz has me sufficently confused that he said that the people did not want this that were on the on board of the buses they did not want this Amendment, and yet we are voting to not recede from the Amendment and it seems to me, it seems to me that we have a parliamentary maneuver going on here or some of us are voting wrong when we really should be voting the other way. So, I would like to have you to explain this to the Body and at least know which way we are heading..." 41  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Representative..."

"...to the back of the bus or the front."

"The Motion, as made by Representative Terzich, was whether the House should refuse to recede from House Amendment #2. If you agree that we should not recede from House Amendment 2, you vote 'yes'. If you want to recede from House Amendment #2, you vote 'no'. Representative Cullerton."

"If we..."

"I'm sorry. Representative Van Duyne."

"Further clarification, if we refuse to recede it will go into a Conference Committee and all this will be worked out, right?"

"That's correct."

"Thank you very much."

"Representative Cullerton."

"Yes, just to... perhaps to attempt to clarify this. I was the Sponsor of the Amendment."

"Proceed... Representative Piel."

"I'm sorry, Madam Speaker, but the Gentleman spoke in debate."

"Okay. Your point is well taken. Is there further explanation of vote? Representative Terzich, to explain your vote."

"Well, Madam Speaker, you know, I do not want to recede now. If we do not recede, then that Amendment which has the high back seats stays on. Now, if there is a defect and we pass this here legislation out of the House and I don't want to recede from it, it has nothing to do with seat belts. All it does is it provides for a small additional cost that future buses would have high back seats. Not... it has nothing to do with seat belts and I would like the Membership to know that and I would 42  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 appreciate an 'aye' vote."

"Alright. Mr. Clerk, take the record. On this question, there are 54 voting 'aye', 60 voting 'no'. Representative Terzich."

"I want a Poll of the Absentees and also of the Negative Roll."

"Request a Poll of the Absentees and verification of the negative. Representative Davis, for what reason do you rise?"

"Well, number one, Madam Speaker, there is no point in verifying the negative I don't think on this and the Parliamentarian would have to request that. I think to refuse to recede takes a Constitutional Majority, does it not, Mike? No? Okay, then I stand corrected. If this Motion fails then Mr. Parliamentarian, then the Motion was to refuse to recede and place this in a Conference Committee or request a Conference Committee. Is that correct? So, if this Motion should fail then a Motion to recede from the Amendment would then be in order. Is that correct?"

"Not necessarily, it would depend on the Sponsor of the Bill. He can decide whether..."

"Well, but... but any Member can make that Motion, I think, at that point and time."

"Yes, that is correct."

"Alright, thanks."

"Representative Shaw."

"Leave... leave to be verified."

"Representative Shaw, requests leave to be verified. There has been request to be Verification of the Affirmative Vote, but you will be verified in any event. Representative Johnson."

"Request. Same request." 43  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Request to be verified. Yes. Representative Ronan."

"Verified."

"Requests leave to be verified. Representative Ronan... Representatives Ronan and Shaw and Preston, no one has requested a verification of the affirmative vote. So, technically, you can't get leave to be verified at this point. Alright. Poll the absentees, Mr. Clerk."

"A poll of those not voting. Flinn, Steczo, and Tuerk."

"Poll the negative, Mr. Clerk."

"Poll of those voting in the negative: Satter. Barnes. Black. Breslin. Churchill. Countryman. Cowlishaw. Curran. Daniels. Davis. DeJaegher. Deuchler. Didrickson. Ewing. Virginia Frederick. Dwight Friedrich. Goforth. Hallock. Hannig. Harris. Hasara. Hastert. Hensel. Hoffman. Homer. Johnson. Kirkland. Klemm. Koehler. Kubik. Leverenz. Mautino. Mays. McAuliffe. McMaster. Mulcahey. Olson. Parcells. Parke. Bernard Pedersen. William Peterson. Phelps. Piel. Pullen. Rea. Regan. Ropp. Ryder. Satterthwaite. Slater. Stange. Stephens. Tate. Van Duyne. Vinson. Wait. Weaver. Williamson. Wojcik. And Zwick."

"Any questions of the negative? Representative Terzich."

"Representative Breslin."

"Representative Breslin. Is the Lady in the chamber? Representative Breslin. She appears not to be. Remove her vote. For what reason does the Gentleman from Rock Island, Representative DeJaegher, seek recognition? I'm sorry, what? Representative DeJaegher, I'm sorry I didn't hear you. Representative DeJaegher votes 'aye'. Changes his vote from 'no' to 'aye'. Remove Representative 44  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 Breslin's vote. Further questions? Representative Terzich."

"Representative Ryder."

"Representative Ryder. Is the Gentleman in the chamber? Representative... the Gentleman is in his chair."

"Representative Stange."

"Representative Stange. Is the Gentleman in the chamber? Representative Stange. He appears not to be. Remove his vote."

"Representative Zwick."

"Representative Zwick. The Lady is in the chamber."

"Representative Koehler."

"Representative Koehler. The Lady is in the chamber."

"Representative Homer."

"Representative Homer. The Gentleman is in his chair."

"Representative Wait."

"Representative Wait. Representative Wait. Is the Gentleman in the chamber? He appears not... Oh, yes the Gentleman is in the chamber."

"Representative McAuliffe."

"Representative McAuliffe. The Gentleman is in his chair."

"Representative Mautino."

"Representative Mautino. Is the Gentleman in the chamber? He appears not to be. Remove his vote."

"Representative Hannig."

"Representative Hannig. Representative Hannig. Is the Gentleman in the chamber? Yes, he is. He is in the chamber. There are several people seeking recognition. Representative Nash asks leave to be verified. 45  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Representative Hicks changed his vote from 'aye' to 'no'. Representative Homer changes his vote from 'no' to 'aye'." Further changes? Representative Terzich, proceed."

"Representative Wojcik."

"Representative Wojcik. The Lady is in her chair."

"How about Representative Hastert?"

"Representative Hastert. Is the Gentleman in the chamber? Representative Hastert. He appears not to be. Remove his vote. Proceed Representative... Representative Steczo changes his vote from 'no' to 'aye'. Representative Mautino votes 'no'. Return Representative Mautino to the Roll. Representative Giglio requests leave to be verified. Further changes? Representative Terzich."

"Yeah, Representative Mays."

"Representative Mays. The Gentleman is in the chamber. Representative Pangle changes his vote from 'aye' to 'no'. Representative Terzich. Further questions?"

"Yes, Representative Stephens."

"Representative Stephens. The Gentleman is in his chair."

"Representative Williamson."

"Representative Williamson. Representative Linda Williamson. Is the Lady in the chamber? She appears not to be. Remove her vote."

"Representative Klemm."

"Representative Klemm. Representative Klemm. Is the Gentleman in the chamber? Yes, he is."

"Where is he?"

"He's in the back of the chamber. Further challenges, Representative Terzich?"

"Yes, just give me about five or ten minutes."

"I can't do that, Representative Terzich. Do you 46  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 have further challenges?"

"Yes, Representative Vinson."

"Representative Sam Vinson. The Gentleman is in his chair."

"Smoking or not smoking? How about Representative Terry Parke? I know he is never here."

"Representative Parke. Representative Parke. The Gentleman is in his chair."

"He finally showed up. No, you're always here, Terry. You have perfect attendance. I was only saying that in jest."

"Okay."

"Representative Hastert has returned to the chamber and Representative Hastert, how are you voted? Representative Hastert, votes 'no'."

"How does the Congressman vote?"

"Further challenges, Representative Terzich?"

"How about Representative Regan? He might be in Washington."

"Representative Regan. The Gentleman is in his chair. Further challenges, Representative Terzich?"

"I'm getting tired."

"No further challenges. On this question, Mr. Clerk, take the record. On this question, there are 55 voting 'aye', 57 voting 'no' and the House... and the House does not refuse to recede from House Amendment 2 to Senate Bill 1517. The Motion fails. Representative Terzich."

"And now what happens? I mean now that..."

"Representative Leverenz. There is another Motion."

"Thank you, Madam Speaker."

"Representative Leverenz."

"I now move the House recede in Amendment 2, to Senate 47  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Bill 1517."

"The Gentleman has moved that the House do recede from House Amendment 2 to Senate Bill 1517. And on that is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Cullerton."

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. I attempted last time when we adopted this Amendment to go slow, to talk slow, and to talk loud and to have it explained as best I could. Representative Vinson, as brilliant a mind as he has, even he misread it initially and later on apologized. Apparently the lobbyists who represent school bus manufactures have read this Amendment, in my opinion misread the Amendment, to think that it has something to do with seat belts on school buses. I attempted to explain that the first Section of the Amendment dealt with the problem of a large school bus not having any federal standards apply for the installation of seat belts. So, all that Section said and you can read it on page two, line 16 of the Amendment, if you are interested, for those school districts which have ordered school buses which are equiped with seat belts, then certain federal standards should apply. No federal standards apply now. That's what the purpose of the Amendment was. Now, in the last vote, when people get up and they say this requires seat belts on school buses, when it doesn't, I don't know what we're supposed to do. I mean, how do you debate... how do you debate a Bill, when someone says it's red and it's really green?. I mean, what... how else can you do it? I don't know. So, if people don't care about whether or not we have federal standards on the seat belts that are being installed in large school buses, then fine. If it goes to Conference Committee and it will be on every Conference Committee 48  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Report that deals with the School Code. I can assure of that and I'm going to be on all of them. We'll take that part out, and so all we'll have left will be the high back seats, which is a safety measure, which these school bus manufacturers supposedly are in favor of. So, all I can tell you is if you want to do this the right way, we should not recede from this Amendment. We should renew the Motion to refuse to recede. We should go to a Conference Committee and I will do what I just said I would do. I can't help it when people don't know how to read. It's not my fault. I've pointed out the lines, the page, and, if we are going to just sit here and kowtow to some interest group that can't read, then we are not doing our job. It's ridiculous. It's embarrassing. So, for that reason I would ask that we vote 'no' on this Motion."

"Is there further discussion? The Gentleman from DeWitt, Representative Vinson."

"Yes, Madam Speaker. I wonder of the Sponsor would yield for a question?"

"He indicates he will."

"Representative, why is it, that time, after time, after time this Session you keep coming back here for mandatory seat belts on school buses? Apparently... apparently his sense of humor has deserted him. I think there are plenty of other reasons for opposing the Gentleman on this matter. I am told... I am told that this would cost in excess of a million dollars a year and I am urge a 'no' vote on the Gentleman's Motion."

"Is there further discussion? The Gentleman from Marion, Representative Friedrich."

"Well even though the inference is that all of us can't read, I'm certainly grateful that Representative Cullerton can. We ought to have at least one person on 49  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 this floor that can read and I'm glad he can."

"Alright, the question is, 'Shall the House recede from House Amendment 2 to Senate Bill 1517?' I'm sorry, Representative Terzich, to close."

"Yes, I would like to mention that regardless of whether or not this Amendment was on or off, or anything of that nature, which many of you voted for the Amendment, but all this does is to put the Bill into a Conference Committee. If there is anything that you do not like about the Amendment, whether it's the high back seats or where it says no, yes or no, on the seat belt, at that time you can vote the Bill up or down on a Conference Committee Report. But, I certainly I don't think... if I want to nonconcur, then I think that the Membership if they want the same courtesy extended to them, then they in turn should also... let's put it in the Conference Committee and if there are problems on it we can work it out. And, therefore, I would appreciate support of not to... well, which I would think that this would be a 'no' vote on this Motion. It has nothing to do with seat belts."

"Representative Leverenz, to close. I'm sorry, Representative Matijevich."

"I only wanted... I only wanted to clarify because John Cullerton said we can't... somebody can't read and now I want to make sure some of us heard properly because we can hear and the Chair just said, that Representative Terzich was closing. So, to clarify this, he wasn't closing. He was speaking against the Motion of Representative Leverenz, who is going to close. I happen to agree with Representative Cullerton and I thought he gave a very good explanation of this and I don't think we ought to vote on a Motion on seat belts or no seat belts. His explanation was very clear and I support the Motion and 50  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 intend to vote 'no' and hopefully we can renew the Motion to refuse to recede."

"Representative Leverenz, to close on the Motion."

"Thank you. I just think the best thing to do is to get rid of Amendment #2, because it makes an inference, if it doesn't say it direct. It does talk about the seat restraints and how they're bolted to the floor because of the federal regulations and adopting those for school buses. I don't like the idea of belts on the buses and this comes close and I would think that this might be the one hump and we'd wait for the second later. Ask for your 'aye' vote to recede from House Amendment #2."

"The Gentleman has moved to recade from House Amendment #2 to Senate Bill 1517. All in favor vote 'aye', opposed vote 'no'. The voting is open. Have all voted? Have all voted? Have all voted who wish? The Clerk will take the record. Representative Terzich, for what reason do you rise?"

"Well, one, explain my vote... ?"

"You spoke... Representative Terzich, you spoke in debate. I understand... Representative Terzich."

"I would like to at least speak. I would like to have a verification on the vote and I will do this on other people's Motions to... not to recede."

"The Gentleman has requested a verification of the vote. Mr. Clerk, proceed with the poll of the affirmative. Poll the absentees. Representative Mays, for what reason do you rise? If these are requests to be verified... Representative Terzich, there are several requests for verification. Representative Mays. Representative Countryman. Representative McMaster. Representative Kirkland. Representative Harris. And Representative Piel. Representative Didrickson and Churchill. What is your 51  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 pleasure, Representative Terzich?"

"Are they having a Conference or anything? I'd like to have a verification, I mean, I don't see why they would vote 'no' on my Bill, so... or 'yes', so I... How many of them are there? Are they having a Caucus or do they want a verification?"

"Are you objecting to leave to be verified, Representative Terzich?"

"Yeah, I think I will."

"Okay. Representative Mays. Mays, Countryman, McMaster, Kirkland, Harris, Piel, Didrickson, and Churchill, there's been an objection to your request for leave to be verified. You will have to be physically here to have your vote preserved. Proceed, Representative Terzich."

"Poll the affirmative. Earger. Barnes. Black. Brunsvold. Christensen. Cullerton. Countryman. Cowlishaw. Curran. Daniels. Davis. Deuchler. Didrickson. Ewing. Virginia Frederick. Dwight Friedrich. Goforth. Hallock. Hannig. Harris. Hartke. Hasara. Hastert. Hensel. Hicks. Hoffman. Kirkland. Klemm. Koehler. Kubik. Kulas. Leverenz. Mautino. Mays. McMaster. Mulcahey. Olson. Pangle. Parcells. Parke. Bernard Pedersen. William Peterson. Phelps. Piel. Pullen. Rea. Regan. Ronan. Ropp. Ryder. Saltsman. Shaw. Slater. Stange. Stephens. Tate. Tuerk. Van Duyne. Vinson. Wait. Weaver. Williamson, and Wojcik."

"Representative Mays has just asked the question, but I would make the point to anyone who requested leave be verified that leave has been denied, and so you will have to be here to protect your vote. Proceed, Representative Terzich."

"Representative Stange."

"Representative Stange. Is the Gentleman in the 52  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 chamber? He appears not to be, remove his vote."

"Representative Koehler."

"Representative Koehler. The Lady is in her chair."

"Representative Zwick."

"Representative Zwick. The Lady is in the chamber."

"The Speaker. Oh, then we'll leave him there. Alright. Representative Ronan."

"Representative Ronan. Is the Gentleman in the chamber? He appears not to be. Remove his vote."

"Representative Curran."

"Representative Curran. Is the Gentleman in the chamber? He appears not to be. Remove his vote. Representative Ronan has returned to the chamber. Return his vote as 'yes'."

"Representative Brunsvold."

"Representative Brunsvold. The Gentleman is in his chair. Representative Ronan changes his vote from 'aye' to 'no'. Representative Kulas, for what reason do you rise? The Gentleman changes his vote from 'aye' to 'no'. Proceed, Representative Terzich. Representative Shaw changes his vote from 'aye' to 'no'. Proceed, Representative Terzich."

"Yes, Representative Barger."

"Representative Barger."

"Good looking guy."

"The Gentleman is in his chair."

"Representative Countryman."

"Representative Countryman. The Gentleman is in the rear of the chamber."

"Representative Mays."

"Representative Mays. The Gentleman is in the 53  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 chamber."

"Representative Didrickson."

"Representative Didrickson. The Lady is in the chamber. She is on the Democrat side. Proceed, Representative Terzich."

"Representative Christensen."

"Representative Christensen. The Gentleman is in his chair."

"Representative Davis."

"Representative Jack Davis. The Gentleman is at the well."

"Representative Friedrich."

"Representative Dwight Friedrich. Representative Friedrich. The Gentleman is not... appears not to be in the chamber. Remove his vote."

"Representative Hannig."

"Representative Gary Hannig. Representative Hannig. The Gentleman is in the chamber. Representative Friedrich has returned to the chamber. Return his vote. Further challenges, Representative Terzich? Representative Saltsman changes his vote from 'aye' to 'no'."

"Representative Pangle."

"Representative Pangle. Is the Gentleman in the chamber? He is."

"Representative Phelps."

"Representative Phelps. Representative Phelps. Is the Gentleman in the chamber? He appears not to be. Remove his vote."

"Representative Wojcik."

"Representative Kay Wojcik. The Lady is in her chair."

"(Remark in foreign language.) Thank you."

"For what reason the Lady from Kane, 54  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Representative Zwick, seek recognition?"

"Would you please change my vote from 'no' to 'yes', please?"

"The Lady changes her vote from 'no' to 'aye'. On this question, there are 57 voting 'aye', 52 voting 'no', and the Motion passes. The Motion fails. The Motion fails. The Bill will remain on the Calender on this Order of business. On the Calendar on page seven, appears Senate Bill 1552, Representative Giglio. Representative Giglio. Out of the record. 1565, Representative O'Connell. Representative O'Connell. Out of the... oh. Mr. Clerk, read the Bill."

"Senate Bill 1565, a Bill for an Act to amend the Unified Code of Corrections. The Senate nonconcurred in House Amendments 1, 3, and 4."

"I'm sorry, Mr. Clerk. Out of the record. Representative O'Connell would like the bill taken out of the record. Senate Bill 1809, Representative Hannig. Representative Hannig, on 1309. Mr. Clerk, read the Bill."

"Senate Bill 1809, a Bill for an Act to amend the School Code. The Senate nonconcurred in House Amendment #1, 2, 4 and 5."

"The Gentleman from... from Macoupin, Representative Hannig."

"Yes, thank you, Madam Speaker. I would Move that the House would refuse to recede from House Amendment 1, 2, 3... 1, 2, 4 and 5, that a Conference Committee be set up."

"The Gentleman has... the Gentleman moves that the House refuse to recede from House Amendment 1, 2, 4 and 5 to Senate Bill 1809 and requests that a Conference Committee be appointed. All those in favor say 'aye', opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and the House does refuse to recede from House 55  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Amendments to Senate Bill 1809. Senate Bill 1931, Representative Cullerton. Representative Cullerton. Mr. Clerk, read the Bill."

"Senate Bill 1931, a Bill for an Act to amend an Act relating to numbers, appointment and retirement of Associate Judges. The Senate refused to concur in House Amendment #2."

"Representative Cullerton."

"Yes, I refuse to recede from House Amendment #2, which was explained by Representative Vinson. It sets a cap on the salaries of court reporters."

"The Gentleman moves the House refuse to recede from House Amendment #2 to Senate Bill 1931. All in favor... On that, is there any discussion? There being none, the question is, 'Shall the House refuse to recede from Amendment #2?' All in favor say 'aye', opposed say 'no'. In the opinion of the Chair the... the 'ayes' have it. The House does refuse to recede from House Amendment #2 to Senate Bill 1931. Senate Bill 19... and requests that a Conference Committee be appointed. Senate Bill 1957, Representative Homer. 19... Mr. Clerk, read the Bill."

"Senate Bill 1957, a Bill for an Act in relation to criminal law. The Senate refused to concur in House Amendment #4."

"Representative Homer."

"Would you... Thank you, Madam Speaker. Would you take it out of the record monmentarilly?

"Out of the record. Senate Bill 19... Senate Bill 2003, Representative Cullerton. Representative Cullerton on 2003. Mr. Clerk, read the Bill."

"Senate Bill 2003, a Bill for an Act to amend the Criminal Code. The Senate refused to concur in House 56  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 Amendments #3 and 4."

"Representative Cullerton."

"Yes, thank you, Madam Speaker and Ladies and Gentlemen of the House. As a courtesy to Representative Dunn and Representative Preston, we in the House amended this Bill to include Amendment #3 and 4 to the Bill, which were Bills which passed... which were the subject matter of House Bills which passed overwhelmingly. For some reason the Senate Sponsor moved to nonconcur with those Amendments. So, I think they should be included in the Bill. So, I refuse to recede from Senate Amendments 3 and 4."

"The Gentleman has moved that the House refuse to recede from House Amendments 3 and 4. And on that, is there any discussion? There being none, the question is, 'Shall the House refuse to recede from Amendments 3 and 4 to Senate Bill 2003?' All in favor say 'aye', opposed say 'no', and the House does refuse to recede from Senate Amendments... from House Amendments 3 and 4 to Senate Bill 2003 and request that a Conference Committee be appointed. Representative Vinson, we will continue with this Order. There are about four additional Bills on the Order of Nonconcurrence and then Representative Greiman has requested that we go back to the Order of State Administration to pick up 3340. I wanted to advise you of that before we get there."

"I'd just as soon not do that."

"Representative Homer, are you prepared to proceed with Senate Bill 1957? Mr. Clerk, read the Bill."

"Senate Bill 1957, a Bill for an Act in relation to criminal law. The Senate refused to concur in House Amendment #4."

"Representative Homer." 57  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Thank you, Madam Speaker. At this time I would move that the House refuse to recede from House Amendment #4. The basis for which is the fact that there are ongoing discussions. This was Representative Hartke's Amendment that he offered on behalf of the interests of the Illinois retail merchants. There are some disagreements with the Senate about some of that language. I would ask that we refuse to recede so as to allow this Bill to be resolved in Conference."

"The Gentleman has moved that the House refuse to recede from House Amendment 4 to Senate Bill 1957. On that, is there any discussion? There being none, the question is, 'Shall the House refuse to recede from House Amendment 4, to Senate Bill 1957?' All in favor say 'aye', opposed say 'nay'. In the opinion of the Chair the 'ayes' have it. The House does refuse to recede from House Amendment 4 to Senate Bill 1957 and request that a Conference Committee be appointed. Senate Bill 2042, Representative Daley. Mr. Clerk, read the Bill."

"Senate Bill 2042, a Bill for an Act to amend the Senior Citizens' and Disabled Persons' Property Tax Relief and Pharmaceutical Assistance Act. The Senate refused to concur in House Amendment #1."

"Representative Daley."

"Thank you, Madam Speaker and Members of the House. At this time, I would ask the House to refuse to recede on House Amendment #1 to Senate Bill 2042."

"The Gentleman has moved that the House refuse to recede from House Amendment 1 to Senate Bill 2042. On that, is there any discussion? The Chair recognizes the Gentleman from DeWitt, Representative Vinson."

"Yes, Madam Speaker, I think it would be proper forum if Members who are asking that the House do something on the 58  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 substance of legislation would explain what the substance of the legislation is, so, that when a Member moves to refuse to recede on something he might describe what we're refusing to recede on, or when he moved to recede on something he might describe what we were receding on and I think that is a proper forum. Now, if Members are unwilling to do that, then I'll ask the Gentleman to yield for a question."

"Representative Daley."

"The reason this is being offered is on behalf of the Department of Revenue; that when House Amendment #1 was offered that it was a flaw... flawed in regard to the phase in dates for diabetes and arthritis and that is the reason. It is being done on the request of the Department..."

"You want to keep the... you want to keep the... you want to represent the position of the Department of Revenue then. Is that correct?"

"That is correct."

"Thank you. I would support your position."

"Representative Kulas."

"On a parliamentary question, Madam Speaker. If the House refuses to refuse to recede then on a substitute Motion to recede on the Senate Amendments will the refusees who refuse to refuse to recede would they be voting 'yes' or 'no'?"

"Of course. Proceed, Representative Daley. Representative Daley, to close."

"Thank you, Madam Speaker. I move to refuse to recede, House Amendment #1."

"The Gentleman has moved that the House refuse to recede from House Amendment #1 to Senate Bill 2042. All in favor say 'aye', opposed say 'nay'. In the opinion of the 59  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Chair the 'ayes' have it and the House does refuse to recede from House Amendment #1 and requests that a Conference Committee be appointed. We will now go back to the Order of State Administration, as I had advised earlier, to pick up Representative Greiman's Bill, House Bill 3340. Mr. Clerk, read the Bill."

"House Bill 3340, a Bill for an Act relating to civil cause of action against certain persons, together with Senate Amendments #1, 4, 5, 6, 7 and 8."

"The Gentleman from Cook, Representative Greiman."

"Thank you, Speaker. I would move to concur in these Amendments. Briefly, the Amendments #1 and 4 and 5 and 6, deal with the original Bill as it passed the House and provides for the remedy of a community to go against those people who have sought to defraud it and there were apparently different issues that were addressed in various of these Amendments and basically they provide us with the kind of remedy necessary to stop people from defrauding local communities. The other two Amendments, Amendments 7 and 8, provide for the... first, 7 provides for a redo of the Mortgage Foreclosure Act. It is an Act which is important at this time particularly, but this foreclosure Act as it is set up will have some very realistic impacts on foreclosure. First, it will change the redemption method and hopefully engender more successful bidders, so that the price at the mortgage foreclosure sale will be higher. It will do better to preserve the equity of the borrowers and will reduce deficiency judgements. It will reduce the lenders, inventories of forclosed real estate. It will provide a reinstatement just as we have in the law today. It provides for better notices of sale, so that... so that there can be more realistic advice to the public of sales like this. And finally, there is a resolution of the 60  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 residential rights, possessory rights of a mortgagee... mortgagor during the foreclosure period. There are various protections that are provided. In addition to that it provides some of the material that was in the early Bill that I sponsored last... it seemed like last year, but I guess that it was just two weeks ago, dealing with assistance to people who have... who are in the middle of a foreclosure. It is a modest program that helps people to retain there homes. It gives them an opportunity to have, first, an appreciation that indeed they were... they lost there house or lost their ability to pay for that house; they have a reasonable likelyhood that they will be able to save that house if they are given some assistance; that there is some counseling provided for those people to assist them in... setting their priorities; and, finally, that for a period of no more than three years, no more than three years, there is an assistance which is financial. The assistance is limited by 12... or 13 critera which limit the kind of situation in which you can do this. It is a loan. It is not a gift or a grant by any means and it allows people... and the people will have a lien against their house at the conclusion of the payments. It requires them still to pay 35% at least of their income for a... toward their housing mortgage, taxes and insurance. It is a provision that allows people the right, if you will, or at least the opportunity if not a right to save their homes. We have done much for farmers in this General Assembly. We have done much for other people who are in deep trouble. This is aimed at people who are... who are... I would call them the recently impoverished, people who bought homes, people who thought they could afford them and had a reason to because they were working, because perhaps there were two people working in their home, and 61  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 now perhaps there's but one, perhaps there is no one, but there will be. They are not people who are out of the market. They're people generally middle class people who are... who have... sought the 'American Dream.' and the dream for some of them is a nightmare. We will try and assist them in making that nightmare into a dream, so that the dream will not be forgotten. I'd ask that you... that you concur with those Senate Amendments."

"The Gentleman has moved that the House concur in Senate Amendments 1, 4, 5, 6, 7 and 8 to House Bill 3340. On that is there any discussion? The Chair recognizes the Gentleman from DeWitt, Representative Vinson."

"Thank you, Madam Speaker. I wonder of the Sponsor would yield for a question?"

"He indicates he will."

"Representative, is... I think you know that Amendment 7 contains essentially a rewrite and codification of mortgage foreclosure law in Illinois. Is that not correct?"

"Yes, that is correct with the advice and consent of the banking community. The bankers... As you know, the Illinois Banking Association is enthusiastically in favor of this Bill."

"Now many earlier versions of mortgage foreclosure and assistance proposals contained procedural requirements which would have imposed delays on mortgagees in proceeding with the foreclosure. Are these all removed in this particular version?"

"These have all been removed."

"Everyone of them?"

"Indeed the last bill that this House considered had a 35 day delay, but that has been removed. So that lenders may proceed without any delay whatsoever."

"Then what is the significance of the language on page 62  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 66, lines 15 through 17, which states that the mortgagee may not file a foreclosure of the mortgage until 35 days after the counseling notice was mailed?"

"I'm just checking on it. My understanding is that any delay was taken out and that is the intent of the Bill..."

"But, the problem is that there is delay language there. Wouldn't you agree?"

"I'm... not... I'm looking at it right now, Sam."

"Good."

"I don't know."

"Is there further discussion?"

"He's... he's answering a question."

"Your question. Right. I thought he just had, I'm sorry."

"I'm looking."

"No, he said, he's looking. He's trying to find the answer to the question."

"Well, I'm looking at an Amendment on page 66 that deletes that."

"You what?"

"Well, I..."

"Yes, Sir."

"Just hold on a minute, Sam."

"You're going to take the Bill out of the record for a while?"

"No. Mr. Vinson, as I said to you and I represent this House and believe, as a matter of fact, that there is no... nothing in the Bill that would retard the filing of a mortgage foreclosure complaint in proceeding with that. I'm going to have to determine whether that, in fact, has been removed from the Bill or whether there is a scribner's error that would leave it in. So, I'm going to just check it out and indeed I would like to take this out of the 63  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 record. And, of course, if, in fact, that material is still in the till, then I'm going to move for nonconcurrence and we'll put it in a Conference Committee and work it out that way."

"Thank you, Sir."

"Yes, thank you. So, accordingly Speaker, I would like to take this out of the record, at this time."

"The Bill is out of the record. Right. We have an announcement and then a Motion or a request from Representative Friedrich. First the announcement by Representative Barger."

"Thank you, Madam Speaker. Ladies and Gentlemen of the House. It is a rare priviledge for you to hear me speak three times in one day. Right now I have the opportunity to introduce to you a young lady from Wheaton, who has won the district contest for Miss American Coed that took place in Oakbrook just recently. In August, she is going to be representing us in the final pageant in Hawaii. I would like to, at this time, introduce Miss Carol Callum from Wheaton, her mother and father, Mr. and Mrs. Peter Callum and her brother, Mark, who is standing down there. Carol, would you like to say something to the Assembly?"

"Good Afternoon. I would like to say thank you for having me. It is a pleasure to be here. I hope... I'm sure I'll enjoy it and I hope I can try and understand it as I'm sitting in here with you all. Thank you."

"Thank you, Madam Speaker, Ms. Braun in the Chair."

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

"Madam Speaker, I would like to ask for a 30 minute recess for the purpose of Republican Conference, in room 118, and I would appreciate the Members being prompt."

"Representative Friedrich has requested a 64  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Republican Conference. One second please. Representative Friedrich, could you hold your Motion or your request for a Republican Conference for a few minutes? Actually, could you come up to the podium? Thank you. Representative Hasara."

"Thank you, Madam Speaker. Representative Tate and I would like for everyone to welcome 40 AFS exchange students who are up in the gallery. These students are visiting our district. They have spent the year in the Milwaukee area and are on their way home to their respective homes. So, we welcome Jean Blackman, their sponsor, and the 40 AFS students. Thank you."

"Welcome. Representative Friedrich, I have just been advised that the Speaker and Minority Leader have... discussed the request for a Conference and that both sides Republican and Democrat, will Caucus at an appropriate time before we move to certain issues this afternoon. Thank you. Representative Greiman."

"Yes, Speaker. I merely wanted... I wondered if you could call the Bill so I could nonconcur with the Amendment because of an error in the drafting?"

"House Bill 3340. Mr. Clerk read the Bill."

"House Bill 3340, a Bill for an Act relating to a civil cause of action against certain persons, together with Senate Amendments 1, 4, 5, 6, 7 and 8."

"Representative Greiman."

"Yes, thank you, Speaker. I am sorry that the House will have to hear my speech again. Apparently, the time limitation was... removed from one part of the Bill, but was not removed from another part of the Bill and I would want it to be in the proper shape providing due honor to the various committments they have been made with respect to this Bill. Accordingly, I would move that the House do 65  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 nonconcur with Senate Amendments 1, 4, 5, 6, 7 and 8."

"The Gentleman has moved that the House nonconcur in Senate Amendments 1, 4, 5, 6, 7 and 8. All in favor... On that, is there any discussion? There being none, the question is, 'Shall the House nonconcur in Senate Amendments to House Bill 3340?' All in favor say 'aye', opposed say 'no' and the House does nonconcur in the Senate Amendments to House Bill 3340 and request that a Conference Committee be appointed. Representative Giglio, in the Chair."

"Senate Amendment... I mean, Senate Bill 2076, Representative Churchill. Mr. Clerk, read the Bill."

"Senate Bill 2076, a Bill for an Act to amend an Act in relation to adoption of persons. The Senate has refused to concur in House Amendments #1 and 2."

"Representative Churchill."

"Thank you, Mr. Speaker. Originally, the effect of this Bill as it passed this Body or the Senate was to change some of the language about adoption, setting forth the terms upon which an unwed father's paternal rights could be refused. In the Amendments that were placed on in the House, we had a two part Amendment. In the first part of the Amendment we put in a time limitation period. In the second part of the Amendment, we did not put a time limitation on that. I believe it was the feeling of the Senators that some time limit should be placed in the second Amendment and so they have sent it back to this Body. At this time I would move to refuse to recede from Senate... from the Amendments #1 and 2 and throw this into a Conference Committee."

"The Gentleman moves that the House refuse to recede from House Amendments #1 and 2 to Senate Bill 2076. 66  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 On that question, all those in favor ... All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it and the House refuses to recede and a Conference Committee shall be requested. Senate Bill 2165, Representative Daley. Mr. Clerk, read the Bill."

"Senate Bill 2165, a Bill for an Act to amend an Act in relation to the prevention and penalties for the offense of driving under the influence by a person under age 21. The Senate refused to concur in House Amendment #4."

"Representative Daley."

"Thank you, Mr. Speaker and Members of the House. At this time I refuse to recede from Amendment 4 to Senate Bill 2165. Amendment 4, what it did, it deleted the provisions of the Bill dealing with media prohibitions."

"The Gentleman asks that the House refuse to recede from Amendment #4 to Senate Bill 2100. And on that question, the Gentleman from DeKalb, Representative Countryman."

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

"2165, excuse me."

"Will the Gentleman yield?"

"He indicates he will."

"Representative Daley, we had several other Amendments on this Bill. Has the Senate accepted all of those Amendments?"

"Yes."

"So when we go to Conferences is the idea only to work out on #4?"

"Correct. Correct."

"Alright. Well, with that, I would join the Gentleman in his Motion. Thank you." 67  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"The Gentleman asks that the House refuse to recede. All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it and the House refuses to recede from Senate Amendment #4, and a Conference Committee be called. Representative Keane, are you ready? Senate Bill 2100. Mr. Clerk, read the Bill."

"Senate Bill 2100, a Bill for an Act to amend the Illinois Municipal Code. The Senate refused to concur in House Amendment #2."

"Representative Keane."

"Thank you, Mr. Speaker. Senate Bill 2100, is the... one of the TIF Bills. I am going to refuse to recede so we can get it into a Conference and put on some agreed Amendments."

"The Gentleman asks that the House refuse to recede from House Amendment #2 to Senate Bill 2100. On that question, all those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it and the House refuses to recede and a Conference Committee be called. Representative Keane, are you ready on 415?"

"Yes."

"Mr. Clerk, Senate Bill 415."

"Senate Bill 415, a Bill for an Act to amend the Revenue Act. The Senate refused to concur in House Amendment #1."

"Representative Keane."

"Thank you, Mr. Speaker. I refuse to recede from House Amendment #1. The Amendment... There are two reasons. One, the Amendment is defective and, also, we want to put it into Conference. There's an agreed Amendment worked out by the Department of Revenue and the Farm Bureau and we 69  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 would like to put that on the Bill."

"The Gentleman asks that House refuse to recede on House Amendment #1 to Senate Bill 415. And on that question, Representative from DeWitt, Representative Vinson."

"Yes, Mr. Speaker. I wonder if the Sponsor would yield for a question."

"He indicates he will."

"What was it you said about an agreed Amendment between the Department of Revenue and the Farm Bureau?"

"There is an Amendment that DOR and the Farm Bureau have agreed to following the changes in the Farm Land Assessment Law. I have discussed this with Representative Churchill and I thought that he might have given you some kind of... "

"Thank you."

"Okay."

"Further Discussion? Hearing none, the question is, 'Shall the House refuse to recede from House Amendment #1 to Senate Bill 415?' All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair the 'ayes' have it and a Conference Committee will be called. Representative McGann, are you ready on Senate Bill 2173?"

"Mr. Speaker. Mr. Speaker, I'll have it heard if you don't mind."

"Pardon?"

"I will have Senate Bill 2173 heard."

"You're ready? Senate Bill 2173. Mr. Clerk read the Bill."

"House Bill... Senate Bill 2173, a Bill for an Act to amend the Illinois Income Tax Act. The Senate refused to concur in House Amendment #1." 69  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Representative McGann."

"Thank you, Mr. Speaker, Members of the House. I would ask the Body to support in refusing to recede the House Amendment #1 and request a Conference Committee. House Amendment #1 was setting and revising the penalty rates on unpaid tax under the Retailers' Occupation Tax Act and I'd ask to refuse to recede and a Conference Committee appointed."

"Gentleman... Gentleman asks that the House refuse to recede from House Amendment #1 to Senate Bill 2173. And on that question, hearing none, all those signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it and the House refuses to recede from House Amendment #1 to Senate Bill 2173 and a Conference Committee be called. Representative Kulas, for what purpose do you rise, Sir?"

"Thank you, Mr. Speaker. A little while back, I asked a parliamentary question of the Chair, pardon me, and it seems that the... we... some of the mushrooms here feel that we didn't get an adequate answer to the question. The question is a parliamentary question and it is a serious question, Mr. Speaker, and you being a recent college graduate, maybe you could enlighten us on this question. The question is, it's on a situation that happened just maybe an half an hour ago, that if the House refuses to refuse to recede then a substitute Motion is made to recede on a Senate Amendment, will the refusees who refuse to refuse to recede, should they be voting 'yes' or 'no'?"

"Representative Kulas, in the opinion of the Chair the germaneness of the subsequent... subsequent question through your proposed Motion would have to be tabled and then taken from the table, discharged, and moved to Second Reading Second Legislative Day. Does that answer 70  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 your question?"

"No. Not..."

"I hope you understand."

"Not quite, Mr. Speaker. One more. If it's moved to Second Reading Second Legislative Day, then if there is a substitute Motion on the substitute Motion to refuse to recede, then should they be voting red or green?"

"If they have leave. If they have leave."

"Thank you, Mr. Speaker."

"You're welcome. Will Representative Phelps, are you ready, Sir? Special Call - Education. Concurrence. House Bill 3062. Mr. Clerk, read the Bill."

"House Bill 3062, a bill for an Act to amend the School Code, together with Senate Amendments 1, 2, 3 and 4."

"Thank you, Mr. Speaker, Ladies and Gentleman of the House. I rise to concur with Amendments 1, 2, 3 and 4 concerning the latch key reports that the school districts throughout the state and we're asking them to report back to General Assembly. Amendment 1 really acts... includes the independent contractors to provide latch key services. Amendment 2 provides the school districts and teachers subject to dismissal hearings are precluded from compiling the testimony of consulting teachers at such teacher dismissal hearings. # 3, has a provision requiring nontenured teachers shall be evaluated once each year. I move to concur on all four Amendments."

"The Gentleman moves that the House adopts Senate Amendments #1, 2, 3 and 4 to House Bill 3062. On that question, all those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this 71  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 question, there are 111 voting 'yes', 5 voting 'no', none voting 'present' and the House does adopt Senate Amendments 1... 1, 2, 3 and 4, to House Bill 3062, and this Bill, having received the Constitutional Majority, is hereby declared passed. Message from the Senate, Mr. Clerk."

"Message from the Senate by Mr. Wright, Secretary. 'Mr. Speaker, I'm directed to inform the House of Representatives that the Senate has refused to concur with the House in the adoption of their Amendments to the following Bills: Senate Bills 1709, 1737 and 1738, action taken by the Senate June 26, 1986. Kenneth Wright, Secretary.'"

"Gentleman from Marion, Representative Friedrich."

"... are getting restless, I just wondered when?"

"Real soon. ... concurrence appears House Bill 2630. Representative Greiman. Mr. Clerk read the Bill."

"House Bill 2630, a Bill for an Act to amend the Illinois Pension Code, together with Senate Amendments #1, 2, and 4."

"Thank you, Speaker. I would move to nonconcur in Senate Amendments 1 and 4 and to concur in Senate Amendment #2, and to... With respect to concurrence of Senate Amendment #2, I would ask to yield my time to Representative Braun to address the Body."

"Representative Vinson, for what purpose do you rise, Sir?"

"I would move to divide the question."

"The Gentleman's Motion is in order. We'll go to nonconcurrence first. The Gentleman asks that we non... the House nonconcur to Senate Amendments 1... 1 and 4. The question is that the House nonconcur to Senate Amendments 1 and 4. On that question, the Gentleman from Dewitt, 72  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Representative Vinson."

"Mr. Speaker, Ladies and Gentlemen of the Assembly. I wonder if the Sponsor might yield for a question?"

"He indicates he will."

"What would the effect of nonconcurring in this Amendment... these Amendments but then concurring in the other one be? Would that be... would that just then invite the Senate to recede. Is that what you are suggesting?"

"Representative Greiman."

"That would be an option the Senate would have. The Senate could refuse to recede from those Amendments and ask for a Conference Committee, or the Senate could recede from those Amendments. The Amendment :2 would go to the Governor's desk and then the Governor... I'm not the Parliamentarian, but that is my belief."

"That is... that means that our actions on your Motions are in, effect final, action, doesn't it?"

"No, not on the Motion that we are presently addressing. This is not final action at all."

"But the next one would be final action."

"The next one is the next one. This one is this one."

"I'm... I just want to understand so Members... "

"Yes."

"Now, what is it that you don't like about Amendment #4?"

"It is out of order, Mr. Vinson."

"Yes... how come?"

"It is not in order."

"... How so? What's wrong with Northern Ireland?"

"Yes, Mr. Vinson, I am for the principle of using economic... our economic power to solve evil situations throughout the world. I believe that is an appropriate extension of our power. I'm not certain that is the kind of extention of our power we would like to do... to 73  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 people's at this point in Northern Ireland. I don't know, but in any event, I'm advised the Amendment is out of order, but I'll check it anyhow."

"I don't quite see that and I have had... I understand what it is that you think might be out of order, but I've solicited legal opinions from the most expensive lawyers in the state on the subject and they tell me it is not out of order and that the two Amendments... because there is a provision in the statutes on statutes that the two Amendments are consistent and would be so upheld. And if its not out of order, then I don't understand why you don't want to clean up the problems in Northern Ireland too."

"You know what, Mr. Vinson? If I wonder... so we could perhaps make a deal on this. I think..."

"State your proposition, Sir."

"Alright. My proposition or my preposition, perhaps we should look at 4 and perhaps we should let the Senate have a judgment on 4 and we might, indeed, if you will agree, of course, to for 2 and 4, we could send 2 and 4 back to the Senate with concurence and we would nonconcur in 1. Does that make you feel more comfortable? I know the litany of countries that you wanted to punish before, but now we are just talking about Ireland and South Africa and who I don't, want to, by the way, put in the same breath because of a different kind of action."

"Why don't... why don't... to begin moving in that direction, why don't we just deal with 1 first and then you make your Motions in regard to #2."

"Well, I think, Mr. Vinson, if you're sincere and of course..."

"I am on Northern Ireland."

"Then that would, of course, be redundant to suggest that you weren't. If you are sincere perhaps we can just 74  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 take them together, since they both have the same kind of issue and, if you want to do that, I think that would make a lot of sense. I would be glad to of course..."

"To do what now?"

"To take a concurrence... a nonconcurrence of Senate Amendment #1 and then to concur in Senate Amendments #2 and 4 together."

"I don't want to concur in 2."

"Well..."

"I do want to concur in 4."

"That's of course the choice we always have and the problem is that 2 is before 4. So, I think what I will do is... we will take these then by Amendments as they come, if you will, since you want vote on them separately."

"That is... that is what..."

"Alright, let's do Senate Amendment 1, if we could and I move to nonconcur with Senate Amendment 1."

"Alright, the Gentleman now moves that the House nonconcur to Senate Amendment #1 to House Bill 2630. And, on that question, all those in favor signify by saying 'aye', those opposed... Representative Vinson, are you seeking recognition, Sir? Put your light on."

"Yeah. I'd like... I want to know what it is we're nonconcurring in. I just want to know what the substance of it is."

"Representative Grieman, on Senate Amendment #1, to House Bill 2630."

"Amendment #4 amends House Bill 2630 as amended in the title and introductory portion of Section 1, by inserting... do you want it all or just... it effects one of... the Chicago Park District. There are many people who are envolved in... in... showed an interest in park district and other Pension Code Amendments and I believe 75  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 that we would want to give a fair opportunity to those people to have their items considered in a Conference Committee."

"So... it's basically a park district pension increase of some sort or another."

"It is... yes, it is a way to increase the multiplier used to calculate the tax levy."

"Well, I certainly can't see why we would have a park district pension Amendment on a pension Bill. I mean, this has become a foreign affairs Bill and it shouldn't be cluttered up by the subject of pensions. And, I'm against putting a park district pension program into a foreign affairs Bill and I would certainly..."

"Then you're with me, Sam. So, you support my Motion. Thank you, Sam. Everybody together all of us."

"I would certainly join with the Gentleman in supporting his Motion to nonconcur. Let's make this a straight foreign policy Bill."

"Further discussion? Representative Grieman."

"Speaker, apparently there are some countries that have not yet been considered in this Bill. So, I'm advised by some of the people interested in it, perhaps park district people, I don't know, that we should take this out of the record for a little while and perhaps come back later when we can give it the appropriate kind of attention after we've talked to the Secretary of State, the Foreign Minister of several countries and various other dignitaries and ambassadors plenipotentiary. Thank you."

"Representative Vinson."

"The second time in less than an hour that the Gentleman has come up with one of these examples of coitus interuptis, and I just wonder if he might assure the Body that he's not planning on doing this all night long." 76  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Representative Greiman."

"Sam, Sam, since we're talking below the waist, don't worry. They'll be some things you'll remember."

"Alright. Mr. Clerk, take the bill out of the record. Alright. Now we're going to go the Order of Concurrence on page three of the Calendar. And on that appears House Bill 737. Representative Berrios. Is Representative Berrios in the chamber? Any Motions filed, Mr. Clerk. Mr. Clerk, are there any Motions filed?"

"I have three Motions filed relating to House Bill 787. A Motion to table House Bill 737, by Representative Berrios. A Motion to recommit House Bill 787 to Interim Study Calendar, by Representative Berrios. And a Motion... a substitute Motion to concur with Senate Amendments 1 and 2, by Representative Leverenz and Churchill."

"Representative Berrios, you've heard the Clerk. What's your pleasure, Sir?"

"I want to withdraw my Motion to table and I want to withdraw my Motion to put it in Interim Study. And I want to put a Motion in to nonconcur on Senate Amendments 1 and 2."

"The Motion is to nonconcur in Senate Amendments #1 and 2. And on that question, the Gentleman from Lake, Representative Churchill"

"Mr. Speaker, on a point of order. Who is the Sponsor of this Bill?"

"Representative Berrios, are you the Sponsor of the Bill?"

"My name is up there."

"Mr. Speaker, there was a Motion filed on June 12th to remove Representative Berrios as Sponsor of this Bill and to replace him with Representatives Leverenz and hyphenated Churchill. I would ask, as a point of order, that that 77  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 Motion be considered and that the Sponsor of this Bill be Leverenz - hyphen - Churchill."

"Representative Vinson, for what purpose do you seek recognition, Sir?"

"Mr. Speaker, there has been a world of controversy in regards to who is the appropriate Sponsor of this Bill, and that controversy depends on some questions that really get down to almost the kinds of things - angels dancing through the eye of needles and so forth. And I just wonder if we might not better spend our time dealing with other issues today, and I wonder if the Gentleman might take the Bill out of the record so the lawyers can look at this problem a little bit longer."

"Representative Churchill, in response to your inquiry, Sir. On May 23rd, House Bill 737 arrived in the Senate. The Bill was in the Senate at that time. On June the 12th, a Motion was filed to remove the Sponsor of the Bill. On June 19th, on June 19th, while the Bill was in the Senate, the Sponsor of the Bill requested that a number of House Members be added to the Bill and that Motion that was filed on June the 12th be withdrawn. And this all took place, Representative Churchill, while House Bill 787 was in the Senate and; therefore, Representative Berrios remains the Sponsor of the Bill. Representative Leverenz, for what purpose do you seek recognition, Sir?"

"You indicated there was a letter or something that came from the Senate to add Sponsors."

"No, that's not..."

"That's what you said."

"No, on June 19th, Representative Berrios asked that the hyphenated Sponsors be added to the Bill. And at that time, he also asked that the Motion that was filed on June the 12th be withdrawn. Therefore..." 78  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"That does not show on the slip, Sir. What shows is simply, after he relinquished the sponsorship of a Bill, which was under his name in the House originally, he relinquished his sponsorship of the Bill on June 12th. He signed the slip and relinquished the Bill to my sponsorship. We've done that before. And I don't think it matters whether it's in the House or in the Senate, where the Bill is at that particular time at all."

"Representative Leverenz, the rules of the House state that no action can be taken, irregardless, while a House Bill is in the Senate. And the..."

"Cite the rule."

"The rule indicates by the documents that Representative Berrios filed and signed on the appropriate dates that I had mentioned."

"No, Sir. You ... you did something with this Bill, or someone did in the Clerk's Office, that I don't think you had any right to do. I will relinquish my time to 'Congressman' Vinson."

"Representative Vinson."

"Cite the rule that you're referring to. What rule of the House precludes that?"

"The Chair... the Chair states that we cannot deal with any Bill while the Bill is in the Senate and; therefore, that is the..."

"What rule of the House so states?"

"... opinion of the Chair, Representative Vinson."

"Oh. Oh. No such rule exists then, is that correct, Sir?"

"Well, that..."

"It's just... it's kind of like a state of mind, not a rule." 79  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"That Motion...."

"Kind of like a migraine headache."

"Representative Berrios, would you explain your Motion, Sir?"

"I move to nonconcur on Senate Amendments 1 and 2."

"Gentleman moves that the House nonconcur on Senate Amendments #1 and 2 to House Bill 737. And on that question, Representative Leverenz."

"Inquiry of the Chair. Earlier, you had the Clerk read three Motions. The Gentleman previous withdrew two of those Motions. I suggest you deal then with the third Motion that was in writing in the order that they came in."

"Representative Leverenz, the Motion is to nonconcur."

"Is it in writing?"

"The Motion was made by Representative Berrios and that's the Order of Business we're on."

"Is it in writing?"

"The Gentleman from Marion, Representative Friedrich."

"Is it in writing?"

"Mr. Speaker, I believe the substitute Motion has preference and has to be voted on first."

"Representative Terzich, for what purpose do you rise, Sir?"

"Yeah. While everyone's making these Motions, I would like to divide the question, if I might. Add that to your list also. Whatever the appropriate rule is, I'd like to divide the question."

"Representative Vinson, for what purpose do you seek recognition, Sir?"

"Because you clearly don't have the Motion in writing. It's right there. He's trying to sign it right now. You 30  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 don't have a Motion in writing. You're doing that to Mr. Leverenz. It's unfair to him. You didn't have a Motion in writing. You don't have one now, and you ought to go on to the next Motion. Now, be honest in that Chair. Be straight, Sir."

"I'm trying to run the House in an orderly fashion, Representative Vinson. Representative Piel, for what purpose do you seek recognition, Sir?"

"What we could do, Mr. Speaker, would be go back to square one. If you'll recall, the Clerk read three Motions. One, he wanted to table the Bill. Second was Mr. Berrios' Motion to put the Bill into Interim Study. The third one the Clerk read was from Representative Leverenz and Churchill; and, as I recall, it was to concur with both. You had three that were read. The first two were withdrawn by Representative Berrios. Then, the Chair should go to the third Motion which was Representative Leverenz and Churchill and that is the one we should be acting on, is the concurrence Motion that they made. And then Representative Terzich asks that we divide the question. So, we should be going with Representative Leverenz - Churchill Motion that we are going to concur on Amendment #1. That's all we need to do."

"Representative Piel, it's only right and fair that Representative Berrios, as the Chief Sponsor of this Bill, has requested that we nonconcur to Senate Amendments #1 and 2. And in that... in that order, Representative Piel, I don't think you'd want to have that happen to you if you were the Chief Sponsor of a Bill and the request that you're making to this House. On the Motion, Gentleman from Marion, Representative Friedrich."

"The substitute Motion still has preference, and you should rule that way. Any rule book in the place would 31  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 tell you that."

"The Motion is to nonconcur to Senate Amendments #1 and 2 to House Bill 787. Representative Leverenz."

"I don't have nothing for you."

"Thank you. On that question, Representative Terzich."

"I would like to have a Motion to divide the question on Amendments 1 and 2."

"Alright. The Gentleman's within his rights to have the question separated. The Gentleman asks that the House nonconcur with Senate Amendment 1. Representative Berrios."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. What we have here is a situation where an individual puts in a House Bill and they turn around and take a House Bill which, when the individual put it in there, was what he thought was fair and what should be the law of the State of Illinois. What did the Senate do with it? They took the entire Bill, deleted it and put what they wanted into it, not taking any consideration as to what a Member in this Body wanted to do with his Bill. The Bill, as it was, would have required that the Secretary of State not grant any titles unless a vehicle coming in from a foreign country was properly equipped with all the emission standards. The Bill itself was a Bill that I thought and other people thought was necessary and passed out of this House because of the fact that we wanted to maintain clean air and not allow cars to be licensed in this state that did not conform to emission standards. So, what did they turn around and do? They turn around and say that this Bill that Joseph Berrios put into this House should be something else. It should be something that's anti-consumer. It should be a Bill that would not allow 82  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 certain companies to sell cars to people here in this state at lower costs than you could buy at a car dealership. Why in the world would anyone want to stop fair competition? I don't understand it. And I wish somebody could tell me. But the fact is that they take a Bill that's a good Bill, and they gut it and they turn around and make it work against the individual who's carrying the Bill. That is why I want to send this thing back so that we can bring the Bill back to what it was supposed to do in the first place. And I would ask for your favorable vote."

"The Gentleman asks that the House nonconcur to Senate Amendment #1 to House Bill 787. And on that question, the Gentleman from DuPage, Representative Hoffman."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I'll tell you, if I was put in a similar position as the Sponsor of this Bill was, I'd get off the Bill. I wouldn't stay on the Bill. You could take your name off the Bill. You don't have to stay with the Bill. I certainly... I certainly wouldn't stay on a Bill that I... that I didn't feel strongly about or wasn't interested in or it, in fact, had been taken out from under me. And let somebody else take it. That's the only honest thing to do because you have to remember we're dealing with issues here, not with private property, not with something belongs to you or me or anyone else as individuals. You also realize that when you get into a concurrence situation, you, in effect, have lost the kind of sponsorship control that you normally have other... under other circumstances. You know, this is a... this issue is a double-edged sword. We can stay on either side of this. My preference is to come down on the other side and to say that, in fact, what should happen is that we should concur with these 53  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Amendments and get on with the business in the House. So, I stand in opposition to the Gentleman's Motion."

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

"Thank you, Mr. Speaker and Members of the House. Representative Berrios is absolutely correct on what happened. We have an issue here that's now on the floor of the Illinois House of Representatives. It never went through Committee. You know, we have a House Transportation Committee. There's a Senate Transportation Committee. The group that's in favor of this... prevailing on this particular issue could have brought that legislation into Committee. It would have gotten a fair hearing in both chambers and we'd have this situation where we could have analyzed it, studied it and come up with a recommendation out of our Committees. But, rather than do that, they strip a Bill, put on something that's self serving and them ram it out of the Senate with nobody paying attention, which is how most things happen in the Senate. If you want to protect the integrity of the Illinois House, you should support Representative Berrios' position. The issue is, does the House stand for anything? Are we individual Members? Do we have a voice? And if we do, we're with Representative Berrios. If you want to let the Senate take... take charge of us, if you don't even want to exist, if that's what your goal is, is not to have a House of Representatives, be against Representative Berrios. But if you stand for integrity in the House, if you stand for our individual vote making a difference and if you believe in the Committee process, you'll support Representative Berrios. One of the greatest speeches I ever heard him give in his entire career. Thank you very much." 24  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Further discussion? The Gentleman from Lake, Representative Churchill."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. First, let met start off by requesting a Roll Call vote on this nonconcurrence Amendment... Motion. This is a Bill which is not something which is a surprise or something that is new to this Body. It's a concept that has been around. It was a House Bill in previous times. It's something that we have debated, we have discussed, we have seen. This is a pro-consumer Bill. This is something that prohibits car dealers and people who sell cars from going into other people's areas, setting up a tent sale on a weekend, selling off a bunch of cars, picking up the tents and going back home, leaving the poor consumer who purchased a car from the ability to get back to that dealer for repairs, maintenance, warranty work or any other such things. This Amendment will should remain on the Bill. It should be the Bill. And at this time, I would ask that we all vote 'no' on this. This is a Bill that has been sponsored by the Illinois New Car/Truck Dealers' Association. It's a good piece of pro-consumer legislation. It's something that should be the law. I think a 'no' vote is the proper vote."

"Further discussion? The Gentleman from Sangamon, Representative Curran."

"Thank you, Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House, it is so seldom that Representative Vinson and I find ourselves in total agreement on any one issue. So seldom that Sam Vinson and I agree on any one issue that I thought that it was important that I indicate that at this point. When we were listening to Representative Ronan give his fairyland speech about the House evaporating into thin air, I think we failed to 85  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 realize what this Bill and what our vote against Representative Berrios' intentions and in favor of Representative Leverenz's intentions would do. If anybody here has a car dealer in their district, if anybody has a car dealer anywhere in their district, you should be voting against Representative Berrios, a good Gentleman who just gave a good speech, and you should be voting in favor of Representative Leverenz, a great Gentleman who just gave a great speech. Thank you."

"Further discussion? The Gentleman from McHenry, Representative Klemm."

"Thank you, Mr. Speaker. It would seem to me this is an unusual year. Many of our Bills never got out of the Rules Committee and, therefore, vehicles were looked for. Apparently this Bill that Representative Berrios had found some support in the Senate for their Amendments that certainly made sense to the Senators. The safeguards that you and I have is that we're going to be dividing the question. We're going to be voting on each separate issue up or down. So, therefore, we have our rights still preserved. So, I would think we should just move on. Vote these Amendments whether we wish to keep them or not in the Democratic system and move on for these Amendments. They seem to be good to me, and I think I'm going to preserve them. Thank you."

"The Gentleman from Centralia, Representative Friedrich."

"The reason you should vote 'no' on this is that Amendment #1 is a good Amendment. It's something we should have in there. It's been pointed out - you've got car dealers in your town. They have to meet a lot of requirements to stay there, and they service the cars they sell. And they're subject to the lemon law and you can 86  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 find them and you can get your car fixed. Now the opposite of that is to have some guy move in, load up your town with a bunch of used cars and he's gone. Now then, let's see you get your car fixed. I don't think you want that, and I don't want it either."

"Gentleman from Cook, Representative Leverenz."

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

"He indicates he will."

"What is it that you're asking us to nonconcur in?"

"Amendment #1 right now."

"Explain it."

"You know it. Why don't you do it?"

"Ex... Mr. Speaker, would you ask the Sponsor to explain the Amendment he's asking us to nonconcur in since he won't do it for me?"

"If it had been my Bill and I knew everything that was in it, I wouldn't have any problems with it."

"I think the Gentleman just explained a prior problem - if it had been his Bill. He just verified that it wasn't in the first place. But you are now moving to nonconcur in Senate Amendment 1. Would you explain the Amendment?"

"Okay. Here we go. The Amendment adds provisions to the law regarding granting of supplemental licenses by the Secretary of State to new and used vehicle dealers. The new provision states, 'A supplemental license shall not be granted to any licensed dealer with respect to any place of business outside the relevant market area. Relevant market area means within a radius of ten miles from the principal location of a franchise dealership if in a county of more than 300,000 or within a radius of 15 miles in all other Illinois counties.'"

"And who is it that that helps if you table this Amendment, and who does it hurt? Who does it hurt if we 87  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 table this ... if we nonconcur in this Amendment?"

"It hurts the consumer."

"Is that... Who else does it hurt?"

"That's all I know right now."

"How about the small businessman in your area that sells automobiles? Do you think it would hurt that person?"

"I really... you know, I look at it this way."

"And the... go ahead."

"May I?"

"Proceed."

"I look at it this way. If someone in my area can go to one of these tent sales and buy a car at lower than he can get it at a dealership in my area, I think he deserves that right."

"Where do they go to get it fixed then?"

"Mechanic."

"Chop shop? Gas station?"

"We don't have chop shops in my area."

"Maybe not anymore."

"Further discussion?"

"To the... the Motion to nonconcur. This should be defeated overwhelmingly. The Gentleman clearly made a mistake in what he did with the Bill to begin with. That which is embodied in this Bill now was passed by this House overwhelmingly and sent to the Senate to protect the small business people that are in our districts that have huge capital investments in our districts, who are the ones that we go to and ask for a little help every once in a while. The ones he wants to protect are those that beat the hell out of a car and then they put it on the market in a tent under your area and sell it and then they don't know where to get it fixed because the people that sold it to them 38  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 have gone. I would ask everyone in the House to vote red on this Motion to nonconcur."

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

"Yes, Mr. Speaker, this is an issue of substantial controversy that, while you frequently take oral votes on nonconcurrence Motions, I would request and I want you to understand that I'm requesting an electronic vote on this, a record vote on this matter, Sir."

"That request has already been made by Representative Churchill, Representative Vinson."

"Can't be made too often around here."

"We're ready to play the tape number two on Representative Daniels, Representative Vinson, if you care to hear that. Further discussion? Representative from Adams, Representative Mays."

"Thank you very much. Would the Gentleman yield for a question?"

"He indicates he will."

"Didn't we deal with this subject last year, Representative?"

"I don't know. I don't remember."

"Did we not deal with this subject last year?"

"I don't know."

"Would Chairman of the Transportation Committee, Representative Ronan, care to comment on that?"

"Representative Berrios, you want to yield to Representative Ronan?"

"If he knows the answer, why not?"

"Representative Ronan, would you care to respond to Representative Mays?"

"Yeah, Mr. Speaker, I was in a conference with the Governor. Representative Mays, what was that question 89  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 again?"

"Have we not dealt with this issue? Did we not deal with this issue, indeed, last year?"

"Representative Mays, we've dealt with this issue every time we've had an opportunity. That's why we have a Transportation Committee in the Illinois House of Representatives. But..."

"How did we deal with it?"

"Fairly. Very fairly, that's how we dealt with the issue. Like we deal with every Bill in the House Transportation Committee. You and I, arm in arm and whatever other way we want to do it. We handled it fairly, Representative Mays. You know that. Now, what happened to the Bill, I don't really remember but that we dealt with it fairly."

"And as I recall, when we got the Bill amended in the form that we had it amended in that and it dealt with this topic, we passed it out of here, didn't we? With your support, Mr. Chairman, didn't we?"

"Representative... Representative Mays, you know, my... I'm getting kind of old now, and I can't remember all the details. All I know is that we always act fairly in the House Transportation Committee, but let's talk about the real issue here. The issue here is that the Senate is trying to... rough-rod over the Illinois House of Representatives and every Member of the Illinois House of Representatives has got to stand up for once in their career and say, look it, I get elected by the people in my district. The people in my district pay me the measly salary that we collect and hopefully we will adjust that later on today. But the bottom line is if you want to have a unicameral Legislature, Representative Mays..."

"Mr. Chairman... Mr. Speaker..."

"If you want to go to a system where there's only one 90  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 House, fine, you do it. But if you want to protect the integrity of the 99,000..."

"Mr. Speaker."

"... people in your district who sent you here and they did not send only Senator Kent here, they sent you here, Representative Mays - if you care about that as an issue, if you want to go to bed tonight..."

"Mr. Speaker."

"... with that issue on your brain, then vote 'no'. Let's support Representative Berrios who, again, as I said, gave the finest speech of his career when he gave his presentation."

"He's got such an open mind, it all fell out. Mr. Speaker, to the Bill."

"Thank you, Representative Mays."

"Representative Mays."

"I wanted some clarification and I'm sure somewhere in all that we got some. But it's my recollection that we passed a Bill very, very similar to this out of this chamber. I don't know whether the Chairman supported it or not, but I got a hunch that he always has a good eye for good Bills, so at that time, he supported it. Further, the Governor, as I understand it, vetoed the Bill. And the changes that the Governor sought... or felt that were in appropriate at the time have been incorporated in the Amendment to the Senate Bill. And it seems to me that it would be appropriate that we would go ahead and accommodate the Governor's Office as well as the new car dealers who have brought this issue before us and pass this Bill out and vote against this nonconcurrence Motion."

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

"Yes, Sir, Mr. Speaker, Ladies and Gentlemen of the 91  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Assembly, with all due respect for the Gentleman from Cook, Mr. Ronan, I don't believe that the issue here is quite what he said the issue was. It's not whether the Senate is going to run rush ... for Members or not, or as he said, 'rough-rod', I think. Now, that's now what the issue is. What the issue is here, what the issue is here is whether the leasing companies are correct that they ought to be able to sell these cars, or whether the new car dealers are correct that the leasing companies, if they dump these cars, are going to destroy the marketplace for automobiles. That's the real issue, and that's what people ought to focus on, not questions about the Senate and the House and Sponsors. Thank you."

"Representative Berrios, to close. Excuse me. Representative Berrios."

"Thank you, Mr. Speaker. I wasn't sent down here to give speeches or anything else. I was sent down here to pass good legislation. I wasn't sent down here to have people amend Bills that I thought were required and then just take everything out of a Bill and just put down what they think they're worth. If they wanted to pass this thing, like another Representative said, they had a chance to submit a Bill and let it go through the process like everybody else does. I would hope that the Members of this Assembly would support me, as I would support any other Member in this General Assembly who would have the same thing done to his Bill. I would ask you for a favorable vote."

"The Gentleman asks that the House nonconcur with Senate Amendment #1 to House Bill 787. And on that question, all those in favor signify by voting 'aye', those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Yeah. Have all voted who 92  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 wish? The Gentleman from Cook, Representative Kulas."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, those of you who are voting red should really think of what you're doing. Don't vote on the merits of this Amendment. This Amendment might be a good Amendment. What you're setting a precedent on is that you are taking away the right of a Sponsor to handle his own Bill. The Senate stripped his Bill. They came back... They could come back with the best Amendment and this can happen to you. So, reconsider what you're doing, because it's a bad precedent."

"Have all voted who wish? Have all voted who wish? The Gentleman from Cook, Representative Terzich."

"I just wanted to know, is this the same thing that happened to me? Is that happening to Joe Berrios?"

"It was... I believe your Motion for the division of the question, Representative Terzich, that started all this. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 31 voting 'yes', 75 voting 'no' and 7 voting 'present', and the Motion to nonconcur on Senate Amendment #1 to House Bill 787 fails. Amendment... Representative Leverenz, for what purpose do you rise, Sir?"

"I now move to concur in Senate Amendment #1. And we can all vote green, like we just had 75 vote red. The Motion is in writing on the Clerk's desk."

"Representative Leverenz, we'll come back to your request. The Gentleman asks that the Amendments and the question be divided, and we just finished Amendment #1 and we'll go to Amendment #2. And we'll go back to you, Sir. Representative... Repre... Representative Leverenz."

"With that agreement, fine." 93  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Represen... the Gentleman from Cook, Representative Panayotovich."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, for the purpose of an announcement. I'd like to welcome to the House floor Chairman of the Cook County Democratic Party and Alderman and Committeeman in the 10th Ward, Mr. Ed Vrydoliak, is with us here today. Thank you."

"Mr. Chairman, congratulations. Welcome to Springfield. Representative Berrios, on Amendment #2."

"I move that we nonconcur with Amendment #2."

"Gentleman moves that the House nonconcur on Senate Amendment #2 to House Bill 737. And on that question, the Gentleman from Cook, Representative Piel."

"Going back to something that you just said, Mr. Speaker. The question was divided as far as... Mr. Speaker. Mr. Speaker. Mr. Speaker."

"Representative Piel."

"I'm addressing the Chair, Mr. Speaker. The question was initially to divide the question of 1 and 2. 1 failed, then they moved to concur with 1. You're still dealing with 1. You divided the question amongst the two Amendments. You've got problems with Amendment #2. You've got to get that clarified by either adopting Amendment #1 and then going to 2. But Mr. Leverenz's Motion was in proper form because there was not a ... you know, you divided the question as far as the two Motions. He, in turn, once it failed, once the first one failed, he asked to concur with #1. And I think that is the proper position, to concur with #1 and then go on to #2, depending on what the final outcome on #1 is."

"Representative Piel. Representative Piel, the question... the question was put forth to divide the question. We accomplished Representative Berrios' request 94  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 for Amendment #1. We are now on Amendment #2. I informed Representative Leverenz that we would return back to him when we're finished with Amendment #2. Representative Berrios."

"Am I closing now?"

"Further discussion? Representative Churchill."

"Thank you, Mr. Speaker. First of all, I would like to request a Roll Call vote on this. To keep it short and simple, all 75 'no' votes from last time should continue to vote 'no' at this time."

"Further discussion? The Gentleman from McHenry, Representative Klemm."

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

"Indicates he will."

"Representative Berrios, I know this is not your Amendment, but I'm trying to read the definition or explanation of Amendment #2, and it appears as if that presently trucks that are carrying certain loads have to be covered with a tarp; and, if they did not and they were found and cited and found guilty, they'd be guilty of a moving violation. Now, I understand that Senate Amendment 2 would change that from a moving violation to be an equipment violation. Now, I'm from an area that... McHenry County and Lake Counties that have a great deal of gravel extraction and the covering of the trucks with tarps is very helpful for our motoring citizens and, you know, the consumer. I was wondering, what penalty is it for an equipment violation versus a moving violation that we would look at?"

"I was told... That's one of the reasons that I'm opposing this Amendment. You know, there is no reason why we should not keep the current law as it is and not only 95  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 make it... you know, when a person is convicted, have it go against his license because of the fact that, you know, if we change the law according to Amendment 32, an individual with a truck can keep rolling up and down that highway 50,000 times a year, get ticketed, pay the fine and not have to worry about his driver's license. I think that this Amendment... you know, on the previous Amendment, people said it was a great Amendment. You know, it may have been. I lost it. But, you know, how in the world can this Amendment be a good Amendment? We should nonconcur on this Amendment, too."

"Further discussion?"

"Alright. But do you know what the violation would be? If it's an equipment violation, what is the penalty?"

"Just a fine. Just a fine, I was told."

"What would the fine be? Do you have any idea?"

"No, I don't know how much it would be."

"Alright. So, what we're doing is diminishing the penalty for somebody who doesn't cover their tarp (sic - truck), letting the gravel spill out and spill all over the cars and vehicles that are following them."

"Correct. Correct."

"Alright. Thank you very much for your explanation."

"Representative Vinson, for what purpose do you rise, Sir?"

"Mr. Speaker, the atmosphere around this chamber is not condusive to an orderly, deliberative discussion. And I think that you have the responsibility, as the presiding officer, to restore some order to the chamber."

"The Gentleman is absolutely correct. All unauthorized personnel in the House chamber please remove themselves to the back of the chamber or remove themselves from the chambers. The Gentleman from Cook, Representative 96  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Piel."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would ask the indulgence of the Members of the House to..."

"Give the Gentleman your attention please."

"...to listen to what I have to say very closely. Amendment #2 is deficient. If you put Amendment #2 on the Bill, you have a deficient Bill. You cannot put it on. I would ask for a 'yes' vote on the nonconcurrence, because Amendment #2... if Amendment #1 goes on, you've got to take Amendment #2 off. You cannot have Amendment #2 on the Bill because it's a deficient Amendment. So, I would ask for a 'yes' vote on the nonconcurrence Motion."

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

"Yes, thank you, Mr. Speaker and Ladies and Gentlemen of the House. I just wanted to concur with what Representative Piel just stated. I think, in this case, Representative Piel is correct, which is probably... I think it is the first time I can remember having agreed with him. Amendment #1... Senate Amendment #1 deleted everything after the enacting clause and put in new language. Amendment #2 referred to the original Bill by page and line numbers that had been changed by Senate Amendment #1. So, for this Bill to make any sense at all, this... we will have to nonconcur in the Senate Amendment. I think the problem probably is that the Senate, they don't have the fine technical review staff that we have over on this side of the aisle in the House, and I know that the Republicans are attempting to establish a similar program. Representative McCracken and Vinson do a fine job there with Representative Piel helping out. And we rarely make mistakes such as this. But the Senate I don't think has 97  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 the same system. So, they have mistakes made like this. So, I think, for this Bill to make any sense at all, we should nonconcur. Then, of course, the final passage could occur in the Senate if they recede from the Amendment. So, those of you interested in Amendment #1 could still have that go into law. But to concur with Senate Amendment #2 would, I think, fatally flaw the Bill. So, I would urge you to vote 'yes' on the Motion to nonconcur."

"Further... Further discussion? The Gentleman from Marion, Representative Friedrich."

"Mr. Speaker and Members of the House, I don't think there's any doubt, but there's some Members on this floor who would like to see this Bill go to Conference Committee and die. This is a good Amendment. There's nothing wrong with it at all. If you live downstate where farmers and so on are moving things around, you know it's needed. So, don't be trapped into the idea that's being put around here that we ought to get this in Conference Committee. If you want to kill this Bill, then vote 'yes' here. If you want to keep the Bill alive and then turn around and vote to concur in this Amendment, then vote 'no' on this Motion."

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

"Thank you. I think that if... the right thing might be to do would be to vote green to get rid of the Amendment that's bad; or, in the alternative, I think I would ask the House to again vote 'no' in this case, and then we will move to accept both Amendments and send the Bill to the Governor and let the Governor straighten it out. So, I'd ask for your red vote here and then we will have the Motion to concur in both of them and get rid of this Bill in the House and Senate which is probably the best thing that ever happened to this House." 98  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Further discussion? Representative Berrios, to close."

"I would hope that all the work that we've done in the past with the tarpaulin bills does not go down the tubes. And I would hope that the Members would support me on this bad Amendment by nonconcurring on it. Thank you."

"The Gentleman moves that the House nonconcur to Senate Amendment #2 to House Bill 787. And on that question, all those in favor signify by voting 'aye', those opposed 'nay'. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Gentleman from Cook, Representative Terzich."

"Well, Mr. Speaker, Ladies and Gentlemen of the House, actually, this Amendment #2 is really a bad Amendment. What the Amendment simply states is that if someone was driving an overloaded semi-trailer or overloaded truck, that they shouldn't get a ticket; they should simply ticket the owner of the vehicle, rather than the driver. In the same way that if a driver accepts a vehicle that is overloaded, that spews debris all over the highway, that he is not to accept any responsibility and he shouldn't be getting a ticket for this. This is a very bad Amendment, and I think that the House should certainly support Representative Berrios and nonconcur with Senate Amendment #2. We did pass legislation last year with regard to these here trailer trucks that go on our highways, spew debris all over, wreck cars and do a lot of other things, and we did increase the fine. And simply, this Bill will simply negate what we passed in the last Session."

"The Gentleman from Will, Representative Van Duyne."

"Yes, I would just like to add my voice to Representative Berrios, along with Representative Terzich." 99  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 If you don't know what you're doing, you should be driving along the highway someday and have one of those rocks fall off of one of those trucks and wipe out your windshield, and I think you'd be probably voting a different way on this Amendment. I think when they say that the loss of a tarpaulin is a not a reportable... or the absence of a tarpaulin is not... where it's required is not a reportable offense is absolutely ludicrous in the sense that that's why we put this law in the books in the first place. And if you don't want to enforce the law, why don't you just repeal it in its entirety, rather than say it's not a reportable offense? And I reiterate one more time, if it's your windshield that those rocks break, you're going to think about this thing a little bit differently."

"The Gentleman from Adams, Representative Hays."

"Thank you very much, Mr. Speaker. What Representative Van Duyne and Terzich said is absolutely correct. However, we've got to make a decision here, and this Bill has two completely different topic matters that it's dealing with. And if you want to make Amendment #1 good, then you can't have Amendment #2 on there. So, you should be voting red on this issue and simply make that choice at this point so that then we can send this... we can concur in both and the Governor can make his decision as to which one of these, if any, he would like. But the fact of the matter is, on Amendment #2, that by making it a nonreportable offense, you're creating... you're allowing that driver of the truck that has not properly tarped his vehicle to create a safety hazard three times and still not lose his license. Now, that's not very good. I admit. But by the same token, if you leave this Amendment on and send this to Conference, that's no good. So, a red vote, as Leverenz said, is absolutely right." 100  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 50 voting 'yes', 63 voting 'no', 2 voting 'present', and the Motion to table Amendment... or the Motion to nonconcur Senate Amendment #2 to House Bill 787 fails. Further Motions?"

"A Motion. 'I move to concur with Senate Amendments #1 and 2 to House Bill 787', by Representative Leverenz."

"Rep... Representative Leverenz."

"Let fireman Job interrupt, I guess."

"Representative Terzich."

"I would like to divide the question."

"Gentleman asks that the question be divided. The question will be divided. Representative Leverenz, on Amendment #1."

"That... Yes, on Amendment #1, I have good explanation on both. We should accept and concur in Senate Amendment #1, mainly for all of the reasons that have been pointed out here and especially by Representative Vinson and Churchill, Representative Mays, that we want to take care of the business community that has been taking care of us. We not want to have those that come in and sell cars in mass and not be around to take care of the problems that you and I have been confronted with by our constituents. I would now move and ask to be joined by those that voted red before to accept Senate Amendment #1 with your green vote now."

"The Gentleman moves that the House concur to Senate Amendment #1 to House Bill 787. And on that question, all those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 101  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 Mr. Clerk, take the record. On this question there are 95 voting 'yes', 7 voting 'no', 11 voting 'present', and the House does concur on Senate Amendment #1 to House Bill 787. Senate Amendment #2, Representative Leverenz."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. A number of people have asked about Senate Amendment #2. Some have said that it weakens the enforcement, but I would ask for you to understand this point. Truck drivers come to us and say, 'I'm going to lose my driver's license, or it was suspended, or it's going to be revoked because I have another moving violation.' And you ask, 'Why did that happen?'. And he says, 'Well, because I didn't have the load covered, because there was no tarp.' And really, I think, that it would be an equipment violation and fine the company for not having the tarp and the company for not have the tarp in place by its driver, rather than to end up with more people losing their licenses and hurt the, as we call them, the little people that are blue collar and work their little rear-ends off trying to put bread and butter on the table. And that I would ask for your green vote to accept Senate Amendment #2. And, if it is, in fact, flawed, fine - let the Governor straighten that problem out. So, I ask for your 'aye' vote to accept the Senate Amendment #2 at this time."

"On the question, Representative Berrios."

"Mr. Speaker, I would like to have leave of the House to, first of all, to remove my name from House Bill 787."

"Come up and file a slip, Representative Berrios."

"Okay. On this Motion. Mr. Speaker, Members of the Assembly, I cannot believe that... what we're going to do with this thing. He... you know, the prior Representative 102  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 talked about protecting the little people on the road. What we are doing right now is telling every truck driver who wants to spill stuff all over the highways in this state, that they can go ahead and do it, and the General Assembly really doesn't give a heck. We are wrong in doing this. We should not make it a petty offense where the individual just can get a fine. When you're driving down the road and you get a rock through your window, you know, I hope you remember how you cast your vote on this."

"Further discussion? The Gentleman from Marion, Representative Friedrich."

"Two or three people have tried to give the impression that you can go down the road legally without a tarp over your truck and scatter rocks everywhere and not be subject to arrest or fine. That is not true. If you'll read the Amendment, it just said that it is not a moving violation; it's a vehicle violation. You're still subject to arrest. You're still subject to getting a ticket. You're still subject to a fine, and you're certainly subject to civil recovery if a rock goes through someone's windshield. All it does is change it from a moving violation which has cost some truck driver his driver's license."

"The Gentleman from Franklin, Representative Rea."

"Thank you, Mr. Speaker, Members of the House. I know that this is a special time and, as a special privilege, and if it was not against the rules of the House, but certainly for a good cause, I think we all should recognize the American Legion Police Youth Program up here in the gallery on my right."

"Welcome to Springfield. Further discussion? The Gentleman from Cook, Representative Piel."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 103  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 I'm a little bit taken back by different comments on the floor. Let the Governor take care of it. You've got... Amendment #2 is a five page Amendment that basically is flawed. What I will tell you - #1 deleted Section 3-408. #2 goes to the same line, deletes Section 3-408 which there is not a Section now that Amendment #1 is on. I've had a couple people say, you know, 'Let the Governor take care of it. We're sitting here and having a situation where, you know, he should be able to take care of, you know, that type of a thing.' I'm sorry. I think that is our responsibility to take care of it. And then they say, 'Well, we don't want the thing to go to Conference Committee because this will get knocked out.' We just only had 7 'no' votes on the last thing which means all but seven people on this floor would be willing to sit in a Conference Committee and put Amendment #1 back in. I think that is a falacy. I think it's a fraud when you say that, 'Well, if it goes to Conference Committee, it won't pass.' And so, I would ask, along with my friend Ted Leverenz, for a 'no' vote on Amendment #2."

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

"Yes, like Representative Piel stated, since we already adopted Senate Amendment #1, that is going to stay in the Bill. The Conference Committee basically would either eliminate this here Amendment #2 and make the Bill in its correct form. At the same time, if anybody has followed or been followed by one of these gravel-hauling trucks, they are not the white knights of the highway. As a matter of fact, they're probably the black knights of the highway. If you ever had one of these gravel trucks come up from behind and going 60 or 70, 30 miles an hour and don't give a damn about the safety of the people, spilling all of this 104  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 stuff all over the highway, while you come around maybe to Cook County or some downstate, and these drivers, since they work per load, certainly should assume the responsibility of what they're hauling. And if a fine is going to be made, then they should also suffer the penalties because they're a danger to the people and, also, a menace on the highway. And I would urge you to support Representative Berrios and nonconcur with this Amendment."

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

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'd just like to remind the Members and add a little more confusion to an already confusing issue that under current law you do not have to have a tarp on a truck unless you've been stopped. So, unless you've been stopped, you don't have to have a tarp on a truck. So, what that means is that if you've been stopped and you put a tarp on a truck and you're still spilling, we're not going to charge you with a moving violation - we're going to charge you with an equipment violation. It's my view that if the... if the problem is that bad, that we ought to have a moving violation and not an equipment violation. So, I would move, with all due respect to Representative Leverenz, to... for a 'no' vote on this issue. Thank you."

"Further discussion? Further discussion? Representative Leverenz, to close."

"Thank you, Mr. Speaker. I think the first order of business has already been done and we have accepted Amendment #1. And it's very clear that the House and the Senate feel the same way. I would now move for the House to concur in Senate Amendment #2 so that we can put this Bill on the Governor's desk. Thank you."

"The Gentleman moves that the House concur with 105  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Senate Amendment 2 to House Bill 787. And on that question, all those in favor signify by voting 'aye', those opposed 'no'. The voting is open."

"Green votes. Green votes. Green vote."

"Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 75 voting 'yes', 32 voting 'no', 5... 6 voting 'present', and the House does... does concur on Senate Amendment 2 to House Bill 787. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Cullerton."

"Having voted on the prevailing side, I move to reconsider the vote by which Amendment 2 to House Bill 787 was concurred in."

"Representative Steczo moves that that motion lie on the table. All those in favor signify by voting... saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. Motion to reconsider is tabled. Special Call - State Administration. House Bill 1446, Representative Alexander - Concurrence. Mr. Clerk, read the Bill."

"House Bill 1446, a Bill for an Act to amend the Illinois Public Aid Code, together with Senate Amendments #1 and 2."

"The Lady from Cook, Representative Alexander."

"Thank you, Mr. Speaker. To the Members of the House of Representatives, this Bill came before you on a concurrence Motion yesterday, and a Motion to divide the subject matter was agreed upon. I subsequently took the record... the Motion... the Bill out of the record. Today, I have been in meetings with all parties involved with the subject matter, and I move at this time for the Senate Amendment #1 and Senate Amendment #2 be divided. I will 106  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 nonconcur in Senate Amendment #1 and I will concur in Senate Amendment #2. I ask the support of the House of these issues."

"Gentleman... Lady asks that the House nonconcur to Senate Amendment #1 to House Bill 1446. And on that question, all those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it, and the House does nonconcur to Senate Amendment #1 to House Bill 1446."

"Senate Amendment #2 I'm asking for concurrence on."

"The Lady asks that the House concur to Senate Amendment #2 to House Bill 1446. And on that question, all those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair... Roll Call. Roll Call vote. All those in favor vote 'aye', those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 114 voting 'yes', none voting 'no', none voting 'present', and the House does concur on Senate Amendment #2 to House Bill 1446. On Special Call, Concurrence - Education and Local Government, appears House Bill 3187, Representative Cullerton."

"Yes, thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would move to concur in Senate Amendments #1 and 2 to House Bill 3187. In Senate Amendment #1 takes out a provision of the House Bill providing that all regional superintendents of schools and the superintendent of the City of Chicago School District 299 shall provide assistance to school districts concerning truancy problems. Senator Berman pointed out in this Amendment that last year we set up truancy programs and that this Bill would duplicate those programs. So, that's the purpose of Senate Amendment #1. Now, Senate Amendment #2 was the... put on 107  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 by Senator Berman at the request of some special interest group. I'm not sure the name of it. It deals with punitive action against truants. It provides that no punitive action, including out of school suspension, expulsions or court action shall be taken against chronic truants unless the available support of services have been provided to the student. House Bill 3187 as passed by the House prohibited the lowering of grades for nonacademic reasons against truants for training unless services have failed to result in the cessation of truancy or been offered or refused... offered and refused. I would be happy to attempt to answer any questions on either of the Amendments. I would move to accept them by concurring."

"Gentleman moves that the House concur in Senate Amendments #1 and 2 to House Bill 3187. And on that question, the Lady from Cook, Representative Didrickson."

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

"He indicates he will."

"Representative Cullerton, I agree with you on the concur with Senate Amendment #1. But you said something about the effect of Senate Amendment #2 that I'm wondering if you could clarify. When you said with regards to schools and school suspensions, no school suspensions... I didn't clearly hear you on that."

"It allows, unlike the House Bill, it allows the lowering of grades for nonacademic reasons. It permits punitive action against truants, but not chronic traunts. And it would allow for punitive action if services were provided. But it would not require that the services to have failed first. Those are the three changes from the House Bill. So, the changes refer to the area of when you can take punitive action against a truant. The changes in 106  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 the Senate Amendment refer to when you can take punitive action against a truant, and they, in effect, make it... give them more discretion in... and give the school administrators more discretion in taking punitive action."

"Thank you."

"Further discussion? The Gentleman from McLean, Representative Ropp."

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

"He indicates he will."

"Representative, I'm a little bit uncertain about your explanation relative to lowering grades of chronic truants. Can you further explain that? And also if there's a possibility that this person might not be able to play basketball if the lowering of the grade because he's a truant would take him out of the no pass/no play rule?"

"I'll try to get the Amendment and read it with the Bill. So, I'll just read the language so you have an understanding of what we mean. Okay. So, on page two of the Bill, this is the way it would read. Under the Section 26-12, Punitive Action. 'No punitive action, including out of school suspensions, expulsions or court action, shall be taken against chronic truants unless available support of services and other school resources have been provided to the student.' It strikes 'a chronic or habitual truant' from such truancy. So, the way I see it, it expands it to have... to allow for punitive action to be applicable to a habitual traunt, but not a chronic truant."

"So, what does that mean?"

"I don't know how else to explain it other than to read the language. We... the current law as we passed the House said no punitive action including out of school suspension, expulsions, lowering of grades for nonacademic reasons or court action shall be taken against truants or 109  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 chronic truants. So, we struck... the Senate struck "lowering of grades for nonacademic reasons", so as to allow lowering of grades for nonacademic reasons. But only for habitual truants."

"Okay. In other words, if you're getting a B and if you're a chronic truant, they could, in fact, give you a C just because you aren't there, even though you might be a B student."

"As long as you're not a chronic traunt."

"No, if you are a chronic traunt, then they're going to lower your grade because you are a chronic truant."

"What was that question? I didn't understand the question or hear it. I didn't hear the question."

"I guess I'm raising the question, why are they allowing you just to lower their grade if you have a C student because he's truant? If someone is reasonably intelligent, why should you lower the grade just because he's a truant?"

"Well, you want to... the purpose of the Bill is to get tough on these truants."

"Yeah, I want to send them to court so they have to stay in school."

"So you should be for this Amendment. You want to send them to Judge Steigman."

"Yeah, because he's a good judge."

"Throw them in jail."

"No, only those that have no intention of ever staying in school. That's, I think, our real concern."

"I'm trying to answer your question as best I can. As you know, it's a Senate Amendment and..."

"It's a little bit difficult. The Amendment..."

"It's difficult to read but I... and I have an analysis here done by our fine staff member, and all I can do is read it for you. It appears to have the effect of 110  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 authorizing the lowering of grades for chronic truants."

"Well, I guess in... one of the problems with truants is the fact that they are somewhat discouraged about even going to school and my question is whether or not this is an attempt to uplift them and want to keep them in school when we lower their grades which has a tendency to discourage them from wanting to continue in the process of learning or even wanting to stay in a vocational program. I don't know whether that's a good idea. I kind of question whether or not it's even a good idea to just lower the grades, because that gives some conditions that were... the value of a student's ability has not been given any consideration at all and I really don't like that second Amendment if that's what the intent is, and I think we agree that it is allowing you to lower the grade just because you're a chronic truant."

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

"Question of the Sponsor, Mr. Speaker."

"He indicates he will."

"This Amendment, just to clarify something - if a student, say, is a straight A student, he's a genius, he misses classes, they can change his grade to a C or a D?"

"I think it might. So, let me do this. Mr. Speaker. When you get a chance, Mr. Speaker. Mr. Speaker."

"Yes."

"I think the controversy on this Bill deals with Senate Amendment #2. So what I'd like to do is first take Senate Amendment #1, which I don't think there's any controversy on and move to concur in that Senate Amendment #1. Then we can come back to the Senate Amendment #2 and we can debate it."

"It's your prerogative. You want to divide the 111  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 question, is that what you want to do, Sir?"

"Right. I want to change this Motion to just a Motion to concur in Senate Amendment #1."

"Alright. The Gentleman moves that the House concur in Senate Amendment #1 to House Bill 3187. All those in favor signify by voting 'aye', those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 114 voting 'yes', 1 voting 'no'.... Hartke voting 'yes'. Mr. Clerk. Representative Hartke would like to vote 'yes'. On this question there are 115 voting 'yes', 1 voting 'no', 1 voting 'present', and the House does concur to Senate Amendment #1 to House Bill 3187. Representative Cullerton."

"Yes, in all fairness to the Members of the House that have asked questions, I wish to now take the Bill out of the record, and I can perhaps find out the genesis of this Amendment and then be able to answer those questions more intelligently. So, I'd like to take the Bill out of the record."

"Gentleman asks... Does the Gentleman have leave? Leave is granted. Out of the record, Mr. Clerk. Representative Olson, are you ready on 2839, Sir? The Special Call on Concurrence - State Administration. House Bill 2839. Mr. Clerk, read the Bill."

"House Bill 2839, a Bill for an Act relating to the University of Illinois, together with Senate Amendment #1."

"Representative Olson."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to nonconcur with Senate Amendment #1 to House Bill 2839." 112  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986

"Gentleman moves that the House nonconcur to Senate Amendment 1 to House Bill 2839. And on that question, the Gentleman from Winnebago, Representative Mulcahey."

"Thank you, Mr. Speaker. Would the Sponsor explain the Amendment, please?"

"Yes, the Amendment, Representative Mulcahey, the principle element is a quick-take provision for 18 months to permit the trustees of the University of Illinois to acquire some properties still involved in the 'Bequeth' bequest acquisition."

"Further discussion? The Gentleman moves that the House nonconcur to Senate Amendment 1 to House Bill 2839. All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it and the House does nonconcur to Senate Amendment 1 to House Bill 2839. Messages from the Senate."

"A Message from the Senate, by Mr. Wright, Secretary. Mr. Speaker, I am directed to inform the House of Representatives that the Senate has refused to concur with the House in the adoption of their Amendments to the following Bills: Senate Bills 1748, 1751, 1752, 1753, 1756, 1759, 1763, 1765, 1758, 1770, 1774, 1778, 1808, 1841, 2018, 2020, 2108, 1698, 1666 and 1468, action taken by the Senate June 26, 1986. Kenneth Wright, Secretary."

"Representative Saltsman in the chamber? Page three of the Calendar on Concurrences, House Bill 1467. Representative Hensel, are you ready with that, Sir? Mr. Clerk, read the Bill."

"House Bill 1467, a Bill for an Act to amend an Act in relation to county boards, together with Senate Amendment 1."

"Representative Hensel." 113  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Thank you, Mr. Speaker and Members of the House. I move to concur with Senate Amendment #1 to House Bill 1467. What Senate Amendment #1 does is deletes everything after the enacting clause. It provides that when a city which is coterminous with its township intends to annex any territory constituting one percent or more of the equalized assessed valuation of the adjacent township, in an adjacent township the board of trustees have 45 days in which to object to the annexation and cause a referendum in the adjacent township. A majority vote at such referendum determines whether the territory will be annexed to the coterminous township or remain in the adjacent township. The adjacent township requesting the referendum pays for its proportionent costs and such referendum is exempted from the statutory limit of three public questions on a ballot. It also provides that territory in an adjacent township may be annexed to a coterminous township without a referendum when such territory constitutes less than one percent of the adjacent township's equalized assessed valuation. This one percent cutoff is cumulative over any 12 month period commencing with the initial annexation. Further provides for the automatic annexation of any unincorporated areas within a coterminous city township's boundaries on the effective date of this Act. The agricultural lands are exempted. It also requires the coterminous city township to reimburse an adjacent township for a ten year period an amount equal to the lost real estate taxes of the adjacent township. I ask for a favorable vote."

"The Gentleman asks that the House concur in Senate Amendment #1 to House Bill 1467. And on that question, the Gentleman from Peoria, Representative Tuerk."

"Mr. Speaker and Members of the House, House Bill 1467, as 114  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 I recall, went through this chamber a year ago and I happened to be one of the three or four dissenting votes on this particular Bill as it went through a hundred and some odd votes to three or four. I thought at that time there were some onerous provisions of the Bill, and that's why I cast a negative vote. And it seems to me that I have been justified in that vote for the simple reason that the Senate has had that Bill for a year and it had some extensive hearings throughout the summer and into the spring and so forth on this particular Bill, and there has been a good compromise worked out between the township officials and the Municipal League and the various cities involved with coterminous boundaries with the township. I think it is a good solution to the problem. I would solicit your support, an 'aye' vote for the concurrence Motion."

"Further discussion? The Gentleman from Madison, Representative McPike."

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

"He indicates he will."

"Representative, if I live in a township and desire to be annexed into the city, I'm a homeowner, and I wish to be annexed into the city so that I can receive city sewers, city fire department protection and city police department protection, how would I go about it after this becomes law?"

"Would you... Would you repeat that question again?"

"I'm a homeowner. I live in the township..."

"Adjacent township."

"Adjacent township, adjacent to a coterminous city township. I'm a homeowner. I want my property annexed into the city. I want the city sewers, the city police protection, city fire protection. I want those services. 115  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 How would I go about... How would I go about having my property annexed into the city if this becomes law?"

"Well this would have no effect on it because any homeowner could petition to become into the city if they wanted to."

"And who would receive the taxes from my property after I was annexed into the city?"

"The city would."

"And would the city have to pay those taxes back to the township for ten years?"

"I believe they would under this Bill, yes."

"So when you say that the city would receive my taxes, it's not exactly accurate. The city would collect my taxes and turn them over to the township for ten years."

"They would be..."

"Is that correct?"

"They would receive the municipal taxes. The township taxes would be turned back to the township."

"Thank you."

"Further discussion? Representative Hensel, to close."

"Thank you, Mr. Speaker. As was stated before by a colleague of mine, this Bill passed out of the House by a vote of 110 to 3 last year. It came back this year by the Senate voting 55 to nothing. And through the efforts of the Senate Subcommittee, through hearings during the summer, it's been compromised by the Municipal League, the township officials and we feel it's a good government Bill and I ask for a favorable vote."

"Gentleman moves that the House adopt Senate Amendment 1 to House Bill 1467. And on that question, all those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have 116  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 all voted who wish? Representative Terzich 'aye'. Have all voted who wish? Take the record, Mr. Clerk. On this question there are 103 voting 'yes', 11 voting 'no'. Representative Capparelli 'aye'. Representative Ronan 'aye'. On this question there are 104 voting 'yes', 11 voting 'no' and none voting 'present'. And the House does concur with Senate Amendment #1 to House Bill 1467. This Bill, having received the Constitutional Majority, is hereby declared passed. Gentleman from Macon, Representative Tate, for what purpose do you rise, Sir? Are you seeking recognition, Sir? Appropriations, on page three of the Calendar, Concurrences. House Bill 26... House Bill 2625, Representative Leverenz - Olson. Representative Leverenz in the chamber? Representative Olson, do you want to... Take it out of the record, Mr. Clerk. Representative Capparelli, on 2688? House Bill 2688. Mr. Clerk, read the Bill."

"House Bill 2688, a Bill for an Act making an appropriation from the Metropolitan Fair and Exposition Authority Reconstruction Fund to the Metropolitan Fair and Exposition Authority, together with Senate Amendment #1."

"Representative Capparelli."

"Yes, Mr. Speaker, I'd like to have a substitute Motion, nonconcur with Senate Amendment #1."

"Gentleman moves that the House nonconcur with Senate Amendment #1 to House Bill 2688. On that question, all those in favor signfy by saying 'aye'; those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it, and the House does nonconcur with Senate Amendment #1 to House Bill 2688. Representative Breslin, House Bill 2876. Mr. Clerk, read the Bill."

"House Bill 2878, a Bill for an Act making an appropriation to the Office of State Appellate Defender, 117  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 together with Senate Amendment #1."

"Representative Breslin."

"Thank you, Mr. Speaker. Ladies and Gentlemen, this is the appropriation for the Office of State Appellate Defender. It had... Senate Amendment #1 reduces the amount of that appropriation in the personal services by the one percent. It brings the personal services in line with what the overall cost of living increase was for other state employees. It did reduce the number of people in the death penalty division from five to two. I think that's regrettable, but I think that the House should concur in those Amendments. And I would now move to concur in Senate Amendment #1 to House Bill 2378. Thank you."

"The Lady moves that the House do concur to Senate Amendment #1 to House Bill 2879. All those in favor signify by... On the question, the Lady from Cook, Representative Didrickson."

"Thank you, Mr. Speaker. Would the Sponsor yield, please? I notice in my analysis here that there is an additional component of that Senate Amendment 1 that we would be concurring with which eliminates improvement requests... permanent improvement requests at the State of Illinois Center. Is that correct?"

"I thought that was in the original Bill. There was a request for permanent improvements at the State of Illinois Building, and it dealt with the doors. The Senate took that out. We had requested doors to the lawyers' offices. I really think they ought to have doors so that they can control the sound and the heat problem, but the Senate took it out."

"Thank you. And I was also just wondering why this was in this particular budget, and it's been explained by staff. Thank you." 118  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Further discussion? The question is, 'Shall the House adopt Senate Amendment #1 to House Bill 2878?' All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 114 voting 'yes, 3 voting 'no' and none voting 'present'. The House does adopt Senate Amendment #1 to House Bill 2878. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2974, Representative Barnes. Mr. Clerk, read the Bill."

"House Bill 2974, a Bill for an Act making an appropriation to the Military and Naval Department, together with Senate Amendment #1."

"The Lady from Cook, Representative Barnes."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur in Senate Amendment #1 and that makes a total reduction of 196,500 dollars. I would move do adopt."

"The Lady moves that the House adopt Senate Amendment #1 to House Bill 2974. And on that question, all those in favor signfy by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 115 voting 'yes, 1 voting 'no', 1 voting 'present', and the House does adopt Senate Amendment #1 to House Bill 2974. And this Bill, having received the Constitutional Majority, is hereby declared passed. We will go back to page three, House Bill 2625, Representative Leverenz. Are you ready on 2625, Sir? Mr. Clerk, read the Bill."

"House Bill 2625, a Bill for an Act making an 119  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 appropriation to the State Board of Elections, together with Senate Amendment #1 and 2."

"Gentleman from Cook, Representative Leverenz."

"Thank you, Mr. Speaker, I'd like to concur in Senate Amendments #1 and 2 which put on the additional monies for Elections and for the data processing. So, at this time, I'd move that the House concur in Senate Amendment #1 and 2."

"The Gentleman asks that the House adopt Senate Amendments #1 and 2 to House Bill 2525. And on that question, the Gentleman from McLean, Representative Ropp."

"Would the Sponsor yield please?"

"Indicates he will."

"Did this... either one of these two Amendments reduce some money?"

"That's correct."

"Good. This is... I want to commend you for supporting this because this is somewhat the idea that several of us had recommended when this Bill was in the House to only allow them to spend money for those projects that we had authorized. And I fully support your concurrence."

"Well, what we're doing is those things that we added, as we tried to do, the Senate eliminated them. The State Board of Elections says that they can do without them. So, with them saying that, that's why I'm moving to concur in the Amendments."

"Further discussion? The Gentleman from Lee, Representative Olson."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House. I move in support of Representative Leverenz's Motion to concur in the Senate Amendments. For those of you who have your analysis sheet in front of you, you notice that this agency is looking down the road to what we 120  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 may anticipate in the next fiscal year. They are accepting a cut of some 655,000 dollars. They will be well serviced by what they have. Their staff acknowledges that everything that is essential to their operation is there. And, therefore, I'd urge your support for this concurrence Amendment (sic - Motion)."

"Representative Leverenz, to close."

"Just simply ask for your concurrence in Senate Amendment #1 and 2. Thank you."

"The Gentleman asks that the House adopt Senate Amendments #1 and 2 to House Bill 2625. And on that question, all those in favor signify by voting 'aye', those opposed 'nay'. And the voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 116 voting 'yes', none voting 'no' and none voting 'present'. And the House does adopt Senate Amendments #1 and 2 to House Bill 2625. And this Bill, having received the required Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Friedrich and Representative McPike for a Republican and Democratic Caucus. Republicans meeting in 114. The Democrats meeting in 118. We're going to... we tried to do something here, but we can't do that, Representative Friedrich. The Democrats will meet in 114 and the Republicans in 118. We shall return at 5:45. Gentleman from Marion, Representative Friedrich."

"Next year we'll be in 114. Okay?"

"And we'll be in Room 212. The House stands in recess till 5... 4:45 (sic - 5:45). The Democratic Members and the Republican Members please go to their respective Caucus rooms immediately. Those Members that are not in the chamber, would you please return to the chamber, 121  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 please? The House is ready to reconvene. Those Representatives who may be in their office, would you please return to the House floor? The House is ready to reconvene. The House will come to order. Mr. Clerk, Supplemental Calendar."

Clerk O'Brien: "Supplemental Calendar #1 and #2 have been distributed."

Speaker Giglio: "On the Order of Speaker's Table, on page eight of the Calendar appears... on page nine of the Calendar, Consideration Compensation Review Board Report. The Chair calls House Joint Resolution 181. Representative Homer. Representative Homer. Representative Homer. Mr. Clerk."

"Thank you, Mr. Speaker, Ladies and Gentlemen. House Joint Resolution 181 addresses the issue of the Compensation Review Board's report..."

Speaker Giglio: "Representative Homer. We're on House Joint Resolution 181. And on that, Representative Vinson, are you seeking recognition, Sir?"

"Yes, Mr. Speaker. How in the world do you get to that point on the Calendar? It's in complete violation of the rules. The Cal... there is a Calendar rule that specifies how you have to deal with the Calendar. Now, how do you get to 181? If you're going to go to the Order of Speaker's Table, then you got to take all of the Resolutions on the Speaker's Table in the order in which they appear on the Calendar. That's what the rule says. If you're going to go to Subject Matters, then there is a Resolution above that on the Calendar with that same subject matter. Now, what are you doing? Is this a cheap political trick, or what?"

Speaker Giglio: "Represen... Representative Vinson, we've had posted for three days on page two of the Calendar, Special Order of Business, 3:00 p.m., Subject Matter - 122  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Consideration of Compensation Review Board Report. The Chair has called House Joint Resolution 181. Representative Homer. We will... We will give every opportunity of every Representative a chance to call... who has a Resolution on this subject after House Joint Resolution 181. Representative Homer."

"Thank you, Mr. Speaker. Mr... Mr. Speaker, I would like... I would appreciate some decorum in the House so that I can present my Resolution."

"Representative Homer."

"Thank you."

"Just a minute, please. Just a minute. The Minority Spokesman (sic - Leader), the Gentleman from DuPage, Representative Daniels."

"Mr. Speaker, we are in the closing moments of a Session that you and your Leadership have intentionally destroyed and set aside every major issue of this state and put it over till the month of November. Now, on one of the most critical issues facing the people of Illinois, you, Sir, representing Mr. Michael Madigan, in that Chair, are telling the Members of this House that you're going to abrogate every, single rule of the House. Once again, you're doing it. Yesterday, you sat in that Chair and you told a Member of the House that he didn't even have a right to present his own Bill, and you told one of your other Members that you wanted to get that Member withdrawn from a Bill, in violation not only of the House rules, but the Constitution of this state. Now, on the issue of the pay raise, there are many, many different opinions on this issue. We are prepared to debate this issue; that is, of course, if you're going to allow a debate on it, because you've shut off every other debate on every other critical issue of this state. And now, Mr. Speaker, you're telling 123  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1936 us that you're going to violate the rules of this House once again. Why don't you put the real Speaker in the Chair? Why don't you bring him out here? And why don't you let him decide how he's going to run this, instead of you ram-rodding some of his efforts right here? And now, once you get the real Speaker in the Chair, let's see if he's going to tromple on everybodies rights in this House. Representative Koehler is one of the Leaders in this state in opposition to a pay raise issue. I personally, Mr. Speaker, am going to support this pay raise. I personally am going to do it. But, Mr. Speaker, let me tell you right now that this side of the aisle will not tolerate anymore the actions of your side stifling debate, stifling public input and stifling the true rights of people of this state. It's time you stop it. And it's time that you start doing things the right and proper and just way. Call on Representative Koehler. She has a right to present her Bill, and you know it."

"Representative Daniels, the Chair has always been fair, especially to the Minority Party. Your request has been granted. The real Speaker, Speaker Madigan, in the Chair."

"Mr. Hallock. Mr. Hallock."

"Well, Mr. Speaker, it's a pleasure to see you in the Chair. You know, we have two Resolutions filed on this issue, HJR 180, by Koehler; HJR 181, by Homer. Under any rule that you may proceed under, under any Order, it's very clear that 180 would come first. If you decide to go to a Special Order of Business on this issue, clearly, 180 comes first. No matter what you do, Mr. Speaker, it's very clear that the number has to come before the other number. 180 should be first. You may want to use this as a political issue and maybe you can try to do that. But it should be 124  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 clear to all in this present chamber today, the press and everybody else, that one 180 precedes 181. We're first. We filed first. It's very simple. Let's call on Judy Koehler."

"Mr. Vinson."

"Mr. Speaker, I think that Mr. Hallock and Mr. Daniels have very clearly articulated the rules of the House in this regard. I'm curious as to whether you will adhere to the rules in this case. You said earlier from that Chair that you would specifically, with regard to this matter, at least, this year, adhere to the rules. Now, I wonder if you're going to do that, number one. Number two, Mr. Speaker, I just wonder why it is that you don't want to call Mrs. Koehler's Resolution. I wonder why it is that you're trying to deny her the chance to move her Motion. I wonder why it is that you're afraid of that little Lady from Henry."

"Representative Koehler."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would certainly like to stand in protest of the shabby manner in which my Resolution is being treated. I filed my Resolution first, and I think I have a right to have my Resolution heard. The people of Illinois have the right to know how each individual here is going to vote on this very important issue that is important to them. It is bad enough that we have had to... that the Legislature created the Compensation Review Board and used that to sub... as a subterfuge. And it is important now that the people of Illinois have the opportunity to have their voices heard from each one of these individuals who represent them. I would protest, Representative Madigan, the shabby treatment that you are giving to the people of the 89th Representative District and their interests, which 125  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 I represent."

"Mr. Davis."

"Well, thank you, Mr. Speaker. I think the issue is overridingly important that it be heard. And I can recall some three weeks ago when we erroneously, apparently, charged you, Mr. Speaker, with deliberately trying to obfuscate this issue and hold it over until November. And I think if the tape were played back today, you clearly delineated that this would not happen, that you had... As a matter of fact, Mr. Speaker, you said you had promised Representative Koehler that you would hear her Resolution and you would set a date certain, which you did that afternoon. And I know you played Representative Daniels' tape the other day on... on a gaffe that perhaps we had made in 1981. We don't want to see you make the same mistake, because that tape will definitely reflect, Mr. Speaker, in all your fairness, and you have been a fairly good Speaker for the last three years. It's only this year that you have deviated from the norm dramatically. But, nevertheless, you did state, unequivocally to this Body three weeks ago, Mr. Speaker, that you would hear Mrs. Koehler's Resolution on a time certain, on June 26 and that, of course, would be the first one on the Calendar. In all fairness, I think you should live up to your own words, rather than have us help you eat them."

"Mr. Ewing."

"Yes, Mr. Speaker, I am hopeful that you're going to change the ruler... ruling of the temporary Speaker in calling this Motion. I can't imagine, although we've had some very innovative rule making here, particularly in the last week, how you could possibly get to this Motion ahead of Representative Koehler's, unless possibly we are now getting so fine an art of setting Special Orders that we're 126  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 going to have Orders by male Members of the General Assembly come before female Members. I say that the Members of this side of the aisle respect the Lady Members, and we think that they are equal to the rest of us. And we think that her Motion was filed first, should be heard first."

"Mr. Friedrich. Mr. Friedrich."

"Mr. Speaker, I have known you now for seventeen years, and I have seen you from the Constitutional Convention. I saw you come to the House and you grew in stature of the Leadership and, finally, was elected Speaker of this House. Frankly, even though I was on the other side of the aisle, I was kind of proud because I knew you. And I was proud particularly when you made your acceptance speech in which you said you would deal fairly, that you would abide by the rules regardless of the Party. Now then, I'm not quite as proud of you as I was, if you do rule that Representative Koehler, on a partisan basis, would take this away from her, which obviously is a partisan move. I don't think that's up in keeping with what I've known of you. I don't think it's in keeping with your acceptance speech."

"Chair recognizes Mr. Homer on House Joint Resolution 181."

"Thank you, Mr. Speaker and Ladies and Gentlemen. On January 9, 1985, at noon, the Members of this 84th General Assembly were sworn into office. An hour prior to that, the 83rd General Assembly took action that resulted in the fact that we, the Members of this 84th General Assembly, would receive a 13 percent pay increase. Other public officials, such as the Governor, faired better. The recommendations and the pay increases for that Office were almost 50 percent." 127  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Mr. Homer, excuse me. For what purpose does Mr. Johnson seek recognition?"

"Just to... I have a good solemn and solution for this. I've just filed a written Motion, I think it's permitted by our rules and Robert's Rules of Order, that HJR 181 and HJR 180, which are the two Resolutions in question, be consolidated and heard on one Roll Call. Then we don't have any question about partisanship. We don't have any question about private authorship. They're the same issue and it will allow both sides to present themselves on this common question at the same time. I filed that and it's in writing and on file with the Clerk's Office. I don't know how anybody could oppose that."

"Mr. Johnson has filed a Motion which states, 'I move to consolidate HJR 181 an HJR 180 on one Roll Call.' On that question, the Chair recognizes Mr. Homer."

"Thank you, Mr. Speaker. I certainly, at this time, would rise and join the Gentleman in his Motion. This is not to be a partisan question. House Joint Resolution 181 has bipartisan sponsorship. I would welcome the Lady from Henry to join in sponsorship of 181. I would ask to be given leave to be added as a Sponsor to 180. And I would simply ask that we move to expedite these proceedings so that we can get into the guts of this important issue."

"Mr. Homer has now joined in support of Mr. Johnson's Motion to consolidate the two Resolutions. Therefore, the question before the Body is the Motion of Mr. Johnson. The Chair recognizes Representative Koehler."

"Thank you, Mr. Speaker. I stand in support of Mr. Johnson's Motion. I think that it is important to point out, though, that after six years, the six years I've been in this State Legislature, that this issue is still a very sensitive issue and the Legislature is, again, going about 128  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 it in a manner that will disappoint the people of Illinois. I certainly think it's important to discuss this issue and discuss it in a fair and open manner, allow each Representative the opportunity to discuss this issue. And so, I join with Representative Homer and Representative Johnson in asking for the passage of this Resolution."

"Please, let's give the Lady proper respect. The Motion is to consolidate the Resolutions. Those in favor say 'aye', those opposed say 'no'. The 'ayes' have it. The Resolutions are consolidated. The Chair recognizes Mr. Homer on the consolidated Resolutions. Mr. Homer."

"Thank you, Mr. Speaker. Once again, last January 9, 1985, at noon, the Members of this General Assembly were sworn into office. On January 9, 1985, at 11:00 a.m., we received a pay raise, as a result of action that was taken on a Resolution, House Resolution 1334 in the Senate earlier that day. Now, in spite of that, the Members of that General Assembly voted in this House, by a vote of 76 to 31, to reject the pay raise of that Compensation Review Board, to reject the 16 percent increase that was given to us... or recommended to us in that report and the 50 percent increase that was recommended for the Governor and some of the other higher offices. Here we are on June 26, 1986, 17 months later, voting on additional pay raises of almost ten percent increase for all of these same public officials over the next two years. Now, logic alone would dictate that if 76 Members of this Body opposed the substantial pay raises given back in 1985, that you would be resolute against the pay raises that are being proposed on top of those increases here 17 months later in 1986. There were those at the time, you will recall, who suggested that the House action was insincere; because, at 129  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 the time we voted in 1985, the Senate had already refused to accept the Resolution, thereby, accepting the recommendations of that Compensation Review Board. Here is an opportunity today, since the Senate has not yet acted, for you same 76 Members at least to act again when it means something by voting in favor of this Resolution to reject those pay raises. Besides all of that, the timing of the proposed pay increases stinks. Today, in checking with the Comptroller's Office, I find that the daily... that the balance in the General Fund checking account today is 189 million dollars, which is some 274 million dollars less than it was a year ago today. It has been commonly agreed upon that a 200 million dollar balance is the danger point. We, today, are 189 million dollars, in other words, 11 million below the danger signals. And what's the forecast for next year? The Governor presented a budget in February of this year and now, even by all estimations, including the Governor's, we will be, at best, 200 million dollars short in FY '87; that on top of our precarious position today. That means, a) that we're going to have cuts, cuts in education, cuts in public aid benefits, cuts in the other human services, or it means that we're going to have a tax increase. Now, on top of that, we have a proposal that will cost the taxpayers of the State of Illinois, for our pay increases and the other public officials, about seven million dollars a year. I would challenge each and every one of you to specify what tax you're going to increase or what program... which of the programs you're going to propose be cut so that we can receive our pay increase. Shall it be the kids in the schools who will suffer? Shall it be the public aid recipients? Or should it be the other people who depend upon state human service programs? This state is faced with unprecedented budget 130  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 problems. We have lost 300,000 manufacturing jobs in the past five years. Today, Illinois suffers an unemployment rate of 8.5 percent, well above the national average of other states. We have a farm crisis of unprecedented proportion. Businesses are shutting their doors at alarming rates. Working men and women are making sacrifices daily in the form of wage concessions to their employers. All of our citizens are being asked to sacrifice. We are their elected officials, their elected leaders. We enjoy a luxury that they don't have - that's deciding on how much our benefits shall be, how much we shall be paid. Are we willing to share the burden of solving the great unresolved issues of the day, or will we create a separate set of rules that will govern the compensation paid to public officials? I would call upon each and every one of you today to search your soul in determining the answer to those questions. Mr. Speaker, I would ask that the Body join in approving the Resolution which would reject in its entirety the recommendations of the Compensation Review Board. And I would yield my closing to Representative Koehler."

"Mr. Tate has indicated that he has a question of the Sponsor. Mr. Tate."

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

"The Gentleman indicates that he will yield."

"Representative Homer, since you have joined Representative Koehler now in filing this... this Motion, do you plan also on giving your pay raise back, as Representative Koehler does?"

"No, I'm not going to give anything back, because I feel that the people of my district are entitled to compensate their Representative at the same rate the other 131  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Representatives are compensated. But I think that's..."

"Thank you. That will suffice."

"Representative Koehler. And Representative Giglio in the Chair."

"The Lady from Marshall, Representative Koehler."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. There are many reasons to support the combination of House Joint Resolution 180 and 191. The main reason why I have always objected to the manner in which this is being done is a philosophical reason - the philosophical reason that the Compensation Review Board process itself is a very major and serious threat to representative government, and, thus, it is also a threat to accountability because we have here a Compensation Review Board, a Review Board that is composed of unelected individuals who have the ability to issue a report, that, without a vote of the General Assembly, can become law. These unelected individuals are not accountable to the taxpayers, but, yet, they can spend taxpayers' money. That's simply not good government. Now some will say, 'But, Representative Koehler, the Illinois Supreme Court has acted upon the Compensation Review Board and they say it's constitutional.' Well, of course, they have said that and I'll leave that to the lawyers and the Judges to decide. But the major question that we are debating today is, is it good government for elected Representatives, people like you and me, who ask to represent the people of our Legislative Districts, is it good government for us to hand over the tough decisions to an unelected Board that is not accountable to the people of the State of Illinois? If we can do it for such sensitive issues as pay increases, why can't it be done for such things as tax increases? Perhaps the Legislature will then create a 'Revenue Enhancement Board'. I think, Ladies and 132  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Gentlemen, the Compensation Review Board process itself is not good government and is a violation of the principle of representative government and a threat to citizen accountability for the taxpayers' money that they spend. I oppose the Compensation Review Board process. I oppose the manner in which this pay increase is being considered. I opposed it originally, but I'm even more opposed to it now, because I'm a member of the Illinois Economic and Fiscal Commission; and, in our last Economic and Fiscal Commission meeting, it was projected that the State of Illinois may very well have a budgetary revenue shortfall of close to 300 million dollars. The state may very well not be able to keep the promises that they made to the school children of the State of Illinois in that reform package last year, to the school children of the City of Chicago and to many others. It is ludicrous for the Legislature to be considering a pay increase for state officials that simply takes it off the top. Now, Ladies and Gentlemen, Abraham Lincoln, in the Gettysburg Address, said, 'We are a government of the people, by the people and for the people.' Under the Compensation Review Board process, this is government by an elite few that aren't even accountable to the taxpayers of the State of Illinois. Let us reject this report of the Compensation Review Board because of its threat to representative government, its threat to accountability and show that we are sensitive, as elected Representatives, to the State of Illinois and to the budgetary shortfall that may very well be experienced this next year. Because, I would predict, Ladies and Gentlemen, if we do not show that sensitivity, if we do not show that responsiveness to the people of Illinois, that in 1973 (sic - 1988), when the people of Illinois have the opportunity to vote on whether or not to call a Constitutional 133  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986 Convention, that the people of Illinois and the citizens will vote to call that... that Constitutional Convention so that they might reject the concept of the Compensation Review Board and bring back accountability, accountability just like they demanded in 1980 when they said to their Representatives, "We did not like the manner in which it was done in 1978", and they reduced the size of the Legislature. I predict that in 1986 the citizens of Illinois will vote to call another Constitutional Convention and abolish the Compensation Review Board. I ask you to join with Representative Homer, myself and reject the report of the Compensation Review Board. Thank you very much."

"The Gentleman from Cook, Speaker Madigan."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise to support the recommendations of the Compensation Review Board and to oppose the Motion. Let me outline two reasons for my action and ask that all of you do join me. First, I believe that the creation of the Compensation Review Board was an important act in the ongoing effort to improve the quality of the Illinois General Assembly. The improvement occurs because there is now a mechanism in place to provide for periodic reasonable salary increases in a method that allows for public hearings and input. As you know, there have been incidents in the past where the Legislature found it politically expedient to act on substantial increases in lame duck Sessions or without any public input. That era has ended. The report was approved in a public meeting. The action here today has been scheduled for one week. The emotionalism once attached to this issue has, by and large, has become a thing of the past. Let us now turn to the substance of the report. It calls for modest raises for 134  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 the Governor and the other constitutional officers, Members of the General Assembly and the Circuit, Appellate and Supreme Court Judges. If we were to compare the Compensation Review Board report to the recently approved union contract for state employees, we find there has been a three year agreement negotiated that provides for a three step increase of 4, 4.5 and 5 percent. The Compensation Review Board report before you today calls for raises of approximately 4.5 and 5 percent over two years. It means, for example, that the salary of a Member of the Legislature will go from 32,500 to 35,661. I believe that that recommendation is justifiable and reasonable. Whether we like it or not, State Government is in competition, in a way, with the private sector for the talented, competent managers needed to implement state services and programs. In order to retain and attract these people, we must be in a position to offer salaries that are competitive. Traditionally, the salary levels paid elected officials have served as a ceiling for salaries for top executives. In 1984, we started to correct the deficiencies by providing salary adjustments for the directors of the code agencies and other gubernatorial appointees. If we reject the Motion and accept the Compensation Review Board report today, we will take yet another step in that direction. In my judgement, the report proposes reasonable, affordable adjustments, and I sincerely urge your support. Thank you very much."

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

"Thank you, Mr. Speaker and Members of the House. We've listened to the dialogue. Let's talk about what this issue is all about, and let's talk about some facts. Number one, I oppose the Resolution, because I think it's hypocrisy. 135  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Last week, in U.S. World and News Report, they talked about what you make when you work in this country. Know what you make if you're a bus repairman in the City of Chicago? You make 42,000 dollars a year. That's the process. Let's not kid ourselves. You want to repair a bus, you get 42,000. If you're a cabinet maker in Spokane, Washington, you make 36,000 a year and they deserve it. They make good cabinets out there. I support the concept. If you fly an airplane - airplane pilots make 95,000 a year. When I get in an airplane, I want a guy who knows how to fly it, and I'm willing to pay 95,000 dollars a year and those costs. And, you know what? If you write for 'Hill Street Blues' what you make? If you work your tail off and write for 'Hill Street Blues', you make 250,000 a year. 'Hill Street Blues' is a pretty good show. And if it bears 250,000 dollars a year, that's fine. Let's set the record straight. Everybody here ran for the office. You file your petitions; you collect your signatures; you raise money; you put an organization together and you run for the office. And there's a salary there. And you know what the salary is. When I got here the salary was 28,000 a year. I didn't think it was enough, but I accepted it because I ran for the office. When I've run for reelection, I've always told the people of my district I work hard; I put in long hours. I'm here tonight. It's 7:00. I started in my office at 9:00 this morning. If I was a bus serviceman, I'd be making 30 bucks an hour right now, but I'm not. But I think this is an important job. This is public service and that's what it's all about. The one issue I want to talk about, and why I'm happy we're doing this Resolution, because I want to have all the Members who support it to be able to look and see where people are at. Because, know what's going to happen? This fall we've got an election 136  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 for all the offices in the state that are up, and the number one office is United States Senator. We've got an incumbent who's going to run on his record, and we've got an opponent who's going to run on one issue - that politicians are bad guys and they don't deserve what they make. And know what's going to happen? The people of this state are pretty smart, and the people of this state can't be hoodwinked into what they should be doing. And the people of this state are going to vote by a two million vote plurality for the candidate who's running on the process that he wants to serve the people of this state, and the candidate who's running on the tax issue is going to be repudiated. So that, hopefully, once and for all, people will come here and run for public office because they think they can do a good job. They're going to represent their constituents, and they're going to be willing to vote for a pay raise if it's the right thing to do. I've supported every one since I've been here, and I'm going to continue to support them, because I think it's right. And this fall, just remember the day after the election, look for the plurality for that one particular office and then I'll use that speech the next time we have a pay raise, because I'll be back here. Thank you very much."

"Further discussion? The Gentleman from DeKalb, Representative Countryman."

"Thank you, Mr. Speaker. I rise to support the Sponsors of this Resolution. I'm a Cosponsor of both Resolutions. I do so, though, not for the pay of a Legislator, but what I felt was the failure of the Compensation Review Board to look at the disparity in compensation amongst the various offices for which they were granting pay increases. A few years ago, I had the 137  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 fortunate opportunity to serve as a member and chairman of the State Board of Elections and that office carries with it a salary. And that salary has been increased in the last pay raise and again this time. And, in essence, what's happened is there's been a blanket, as the Speaker has indicated, a blanket across the board COLA increase. And I, frankly, don't feel that those part time offices deserve that. I have Judges in my district and most of you know I'm a lawyer, and those Judges call me and they say, 'Vote for this pay raise.' But I'll frankly tell you that downstate Judges are paid well. It's hard for lawyers to go out in my area and make 73,000 dollars a year. They're compensated fairly. Matter of fact, when they open up a Judgeship, the list now is very long, and everybody applies and tries to get on. And I think the same thing is even true now in the city where the compensation isn't adequate. So, we aren't addressing the problem, because the Judges in the city are not always compensated and that's part of the problem that we saw with Grey Lord. But the Judges in southern Illinois are overcompensated. Everything is relative. This state is 500 miles long. I think we need a new system. And in order to have a new system, I think we need to disapprove this pay raise, and I ask you to vote for it."

"The Gentleman from Cook, Representative McGann."

"Thank you, Mr. Speaker. Would the Sponsor of HJR 181 yield for a question?"

"They indicate they will."

"No, we're talking about HJR 181. Representative Homer."

"Gentleman yields."

"Representative Homer, you made some very accurate, factual, financial accounting of the terrible conditions of this state, and I agree with you. You also stated it's 138  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 going to cost seven million dollars a year to have this pay raise for all those concerned under the direction of the Compensation Review Board. Tell me, Representative Homer, how much pork have you requested for your district for this year or next year?"

"Well, I think that's a rhetorical question, Representative. I don't think..."

"I don't think it's rhetorical at all, Representative Homer."

"I think if you want to make a statement, that you should make your statement and not include me."

"You have made a statement in regards to finances, leading up to the reasons why we should not have this pay raise or anyone else should have any pay raise in the State of Illinois. All I'm asking you is a question."

"Well, your question's irrelevant to the matter at hand, and I'm not going to answer it."

"That's fair enough. I didn't think you would, Representative Homer. And, Mr. Speaker and Members of this Assembly, that is just another example of the hypocrisy that goes on on this floor, constantly. We've got it from both sides. Once that wanted to run for higher office and another that's running for higher office. And they come before us to embarrass every one of us that are sitting or standing here in this Assembly. It's totally wrong. It shouldn't be. I support the Speaker of the House."

Speaker Giglio: "The Gentleman from Knox, Representative Hawkinson."

"Thank you, Mr. Speaker. As a Cosponsor of both House Joint Resolutions, I rise in support of the Resolutions. I don't think the issue here before us is whether we, as Representatives, or the other constitutional officers are worth the salaries that are being proposed for the Members, 139  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 because I think, by and large, the Members work hard and earn the money that they get. The issue in this year is the timing of the increase. I represent a district parts of which have 19 percent unemployment, where working men and women have taken cuts in pay in order to keep their jobs in the district. Representative Homer and others have worked hard for jobs in securing what has been disparaged as pork by getting a prison or other businesses for the district which mean jobs for the people in those districts so that people can work and feed their families. This seven million dollars is a symbol at a time when we're talking about cutting back on community mental health, at the fear of cutting back on education and cutting back in other areas of government which we will responsibly do because that's all the state can afford. What this Resolution suggests is that we at least join in that effort, not because we're not worth the money that we are being paid, but to set an example so that we can say that we are joining in that effort to be fiscally responsible."

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

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in opposition to these House Joint Resolutions, and I have great respect for all the previous speakers on both sides of this issue. I think that people on both sides feel sincerely. I don't think anyone's being a demagogue. I think that there are arguments for and against a pay raise. The reason I am for it and the reason I'm against some of the arguments that I've heard, even though I respect the speakers of those arguments, is that because there are people who might be out of work in the State of Illinois or because there are people who may be underpaid in the State of Illinois is not an argument for 140  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 why the people in this General Assembly should join those who are underpaid. This is a very modest pay raise. The whole idea of the pay review... the pay Compensation board was to have, through an attempt, take it out of politics, to have some other body make recommendations, in this case very modest recommendations, for pay raises for Members of the General Assembly, for members of the Judiciary. And I think there can't be a recommendation much more modest than a four and a half percent pay raise. This isn't, God forbid, the type of pay raise that aldermen in the City of Chicago vote themselves, a 45 percent pay raise increases. This is four and a half percent. We're not irresponsible. This is the kind of process that, indeed, is very responsible. And I would certainly urge people to reject these House Joint Resolutions, even though everyone here has a conflict of interest. And, Mr. Speaker, I, too, have a conflict of interest as a Member of this General Assembly and for other reasons, and I would like to make that part of the record."

"Further discussion? The Lady from Cook, Representative Parcells."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the Assembly. I join with Representative Koehler and Representative Homer in support of this Motion. We read daily that our citizens are disillusioned, disenchanted and discouraged with government in general and specifically with those elected officials who don't do their job well, who shirk their duties, and shirk it we will if we let the Compensation Review Board decide on all of those salary increases which we should be deciding. And what else do these citizens dislike? They dislike taxes and tax increases. You've already heard from Representative Homer and Representative Koehler the dangerous financial position 141  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 the state is in. And we are telling the citizens of Illinois, 'You may be having financial problems, but we're going to get ours. And, furthermore, we're going to give big raises to the constitutional officers and judges.' Then what will happen? Another tax increase. We say it's only ten million dollars, but ten million is a lot of money to someone who has very little. And, finally, we can cop out and say, 'Well, in order to attract high caliber candidates, we have to raise the salaries of these very important elected offices.' Well, if that is the case, Ladies and Gentlemen, then why is it we have hundreds and hundreds of candidates out there ready, willing and knocking themselves out to run for these offices? They don't seem to think those salaries are so bad. They want these jobs, and these judgeships and they're willing to spend hours and hours of their time and all the money they can get their hands on to run for and be elected to these offices. I support the Motion and I encourage you to do the same."

"Further discussion? The Gentleman from Champaign, Representative Johnson."

"Just a... I said, and I'm going to keep my word that I'm not going to... I'm just going to vote on this issue. But I can't help but pass... I really can't help it - I don't think any of us can - to make a comment on at least a little part of the debate here. There's a lot of reasons why people would want to vote in favor of these Resolutions and there's a lot of reasons why they might oppose them. Representative Homer and Representative Koehler sincerely believe that by introducing these Resolutions, they're implementing part of their beliefs in government. And I really think it's unfortunate when at least one of our Members feels it's necessary to castigate Representative 142  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Homer and I guess, by implication, Representative Koehler as being a hypocrite in conducting a personal attack on that Member and to call him a pork barrel king or whatever the language was simply because on one issue out of many they happen to disagree. And I'm not... obviously not in a position, and I wouldn't call on anybody to apologize for anything, but I would certainly hope that on an issue like this, that we would have enough respect for each other, partisanship and position on this issue aside, that we could debate the merits of the issue and avoid personal attack that I don't think serves anybody and certainly doesn't serve the interests of the people of Illinois."

"The Gentleman from Peoria, Representative Saltsman."

"Move the previous question."

"Gentleman moves the previous question. All those in favor signify by saying 'aye', those opposed 'nay'. In the opinion of the Chair, the previous question has been put. Representative Koehler, to close."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I ask you to join with Representative Homer and myself in rejecting the report of the Compensation Review Board and passing House Joint Resolution 130 and 181. It is important to point out that the Speaker and I certainly have disagreed on the issue of the Compensation Review Board, and one of the factors that he... that he mentioned was that this Compensation Review Board means regular and periodic pay raises. Well, I would also suggest to you that that means more and more regular and periodic Sessions, that leads to higher taxes and higher spending and higher costs for the people of Illinois. The people of Illinois want less government; they want less taxes, and they want less spending. They want it because they, too, 143  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 are feeling the pinch of lower pay checks, the pinch of higher costs of doing business. It is important that we in Illinois, that we concentrate on important issues like reducing the cost of doing business in Illinois and show the sensitivity that is necessary. And it is important that we set the right example, the right example, and that would be to reject this report. People want the Illinois Legislature to be sensitive to their needs. That's why for many years they have endorsed the concept of the citizen Legislator, the citizen Legislator who lives among them, who understands what it's like to be a small businessman who has difficulty meeting his payroll at the end of the month. A small..."

"Please bring your remarks to a close, Representative Koehler. Representative Koehler. Representative Koehler. You're on."

"Representative Friedrich for a point of order, I think."

"Representative Friedrich, do you seek..."

"This is the second time when Representative Koehler's speaking that we've had a Democrat Caucus next door. Would ask them to keep their seats until she's finished please?"

"Will the House please... Will the House please give the Lady your... attention? The Chair would like to be fair. Representative Koehler, will you please bring your remarks to a close?"

"Well, I think that we should have a tape recording of that remark about the Chair would like to be fair and have replayed that earlier in the evening."

"Representative Koehler."

"But I will bring my remarks to a close. And, Ladies and Gentlemen, I would like for you to join with Representative Homer and myself in rejecting the report of 144  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 the Compensation Review Board so that the citizens of Illinois will continue to have citizen Legislators who believe in the same things in which they believe in - less taxing, less spending and less government. And I think that we should reject the report of the Compensation Review Board so that we will return to the theory of representative government, accountability and that also we will recognize the fact that the State of Illinois is going through a period of economic difficulty with revenue shortfalls, and we will, instead, keep the promises to education, rather than taking it off the top for state officials. Thank you."

"The question is, 'Shall the House adopt House Joint Resolution 181 and House Joint Resolution 180?' All those in favor signify by voting 'no', all those approve vote 'yes'. (sic) The voting is open. All those in favor vote 'no', all those against vote 'yes'. (sic) Those in favor of the adoption of the Resolution vote 'aye', those opposed vote 'nay'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 71 voting 'yes' and 45 voting 'no'. House Joint Senate Resolution... House Joint Resolution 181 and 180 are adopted. Supplemental Calendar #1, Mr. Clerk, under Motions. Representative Cullerton. Out of the record, Jack. Mr. Clerk. Under Senate Bills Second Reading, page two of the Calendar, Senate Bill 332. Out of the record. Senate Bill 1734. Out of the record. Senate Bill 2000. Representative Greiman. Clerk, read the Bill."

"Senate Bill 2000, a Bill for an Act to the regulation of insurance rates and amending an Act herein named. This Bill has been read a second time previously. No Committee Amendments." 145  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Any Floor Amendments?"

"Floor Amendment #1, offered by Representative Tate."

"Representative Tate, on Amendment #1 to Senate Bill 2000. Representative Tate."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 basically amends the Insurance Code to require that insurance companies provide a 60 day advance notice of policy cancellations, nonrenewals and premium increases in excess of 25 percent. It also requires that such notices include a loss experience report for the insured. This addresses some of the problems that we have heard in regards to the different hearings that we have held throughout the state on the liability crisis and with people not having the opportunity to find insurance at a short notice when being cancelled. I move for its adoption."

"Gentleman moves for the adoption of Amendment #1 to Senate Bill 2000. On that question, the Gentleman from Cook, Representative Greiman."

"Yes, thank you. The Amendment is one that will be covered in other legislation that will be before the House. A portion of the legislation that will be considered has been worked out dealing with this specific question that will... that has been worked out and agreed to by the Department of Insurance and by the carriers as well as by the consumer groups. This is not... There's nothing wrong with this, except that what it would do is it would impair the consideration on the Governor's desk, possibly, of House... of Senate Bill 2000. So, because it will be considered elsewhere, I would ask that we defeat this Amendment."

"Further discussion? The question is, 'Shall 146  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Amendment #1 be adopted to Senate Bill 2000? All those in favor... Representative... the Gentleman from Macon, Representative Tate, to close. Excuse me, Sir.

"Thank you, Mr. Speaker. As the previous speaker has already indicated, this Amendment is an Amendment that a... pro-consumer Amendment. It's also been one recommended by the House Task Force. Unfortunately, what the speaker... the basis of his argument in opposition to the Amendment is that someday we may get the opportunity to hear this... this issue. I'm not sure when that opportunity will be provided, and I hope the Members take a serious look at this, because a 'no' vote on this Bill basically would indicate that you're in favor of allowing insurance companies to raise their rates, that you're in favor of allowing insurance companies to cancel your insurance and you're not providing consumers with the appropriate protection. I move for its adoption. I'd like a Roll Call on that, too, Speaker."

"Gentleman... the Gentleman moves for the adoption of Amendment #1 to Senate Bill 2000. All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please vote Representative Giglio's switch 'no'. Okay. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there is 53 voting 'aye', 62 voting 'no' and 2 voting 'present', 1 not voting. Representative Tate."

"Speaker, because this is the first opportunity that the House has had the opportunity to address this issue and this is a pro-consumer issue, I would ask to verify the Roll Call and give Members an opportunity to read this Amendment and possibly change their vote, hopefully." 147  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 25, 1986

"Does the Gentleman persist in the verification?"

"Yes, yes."

"The Lady from Kane, Representative Zwick, for what purpose do you rise?"

"Would you change my vote to 'yes', please?"

"Change the Lady's vote to 'yes'. Poll of the Absentees, Mr. Clerk."

"There is no one that is not voting."

"Poll of the negative votes, Mr. Clerk."

"Alexander. Berrios. Bowman. Braun. Breslin. Brookins. Brunsvold. Bullock. Capparelli. Christensen. Cullerton. Curran. Currie. Daley. DeJaegher. DeLeo. Farley. Flinn. Flowers. Giglio. Giorgi. Greiman. Hannig. Hartke. Hicks. Homer. Huff. Keane. Krska. Kulas. Laurino. LeFlore. Leverenz. Levin. Martinez. Matijevich. Mautino. McGann. McPike. Nash. O'Connell. Panayotovich. Pangle. Phelps. Preston. Rea. Rice. Richmond. Ronan. Saltsman. Shaw. Steczo. Stern. Sutker. Turner. Van Duyne. Washington. White. Wolf. Anthony Young. Wyvetter Younge. And Mr. Speaker."

"Representative Mautino."

"Thank you, Mr. Speaker. I'd like to change my 'no' vote to a 'yes' vote. I just got a look at the Amendment."

"Change his vote from 'no' to 'aye'. Gentleman from Macon, Representative Dunn. Change the Gentleman to 'no'. Representative Steczo asks leave to be verified. Does he have leave? Leave is granted. Any questions of the Negative Roll Call? Representative Tate."

"Yes, I'd like to... Representative Huff."

"Representative Huff is in his chair."

"Representative Hannig."

"Representative Hannig? Is Representative Hannig in the chamber? He's here at the press box." 143  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Representative Kulas."

"I'd like leave to be verified."

"Gentleman have leave? Leave is granted. Further questions?"

"Representative Capparelli."

"Representative Capparelli is in front of the well."

"Alright. Representative Hartke."

"Representative Hartke. Representative Hartke is at Representative Steczo's chair."

"Thank you, Chuck. Representative Turner."

"Representative Turner is standing in front."

"Okay. Representative Christensen."

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

"Representative Curran."

"Representative Curran? Representative Curran is in the back of the chamber waving his hand."

"Representative Van Duyne."

"Representative Van Duyne? Representative Van Duyne? Oh, here he is right by the door here. ... to my right."

"Representative... Representative Panayotovich."

"Representative Panayotovich? Is Representative Panayotovich in the chamber? Representative Panayotovich is here."

"Okay. Representative Daley."

"Excuse me, Representative Tate. Who did you mention?"

"Daley."

"Daley? Is Representative Daley in the chamber? He's in the back on the Republican side of the aisle."

"Represe... I can't remember. Did I do Representative Van 149  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986 Duyne?"

"Yes. Representative Van Duyne is right here talking to one of the newsmen."

"Alright. Okay. I should maybe poll the press boxes. Maybe it would be easier if I looked at Members in the press box. Representative DeJaegher."

"Representative DeJaegher's in his chair."

"Well, Representative Bowman."

"Representative Bowman? Is Representative Bowman in the chamber? He's in the front of the well here."

"Well."

"Further questions?"

"Representative Flinn. Representative Flinn."

"Representative Flinn is in his chair."

"Okay. Representative... Representative Mulcahey."

"Representative Mulcahey. Is Representative Mulcahey in the chamber? He's in his chair."

"Oh, that's right. He's voting the right way. Well, Mr. Speaker, since this is the first opportunty that we've had to address the issue, the issue goes to Third Reading, I guess."

"On this question, 54 voting 'yes', 64 voting 'no', 1 voting 'present'... 62 voting 'no', 1 voting 'present', and the Amendment fails. Further Amendments?"

"No further Amendments."

"Third Reading. Supplemental Calendar 1, on the Order of Motions. Representative Cullerton."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to suspend Rule 37(g), Third Reading deadline, until June 30th, 1986 on Senate Bills 332, 2000, 2117 and 2300. I'll be happy to answer any questions."

"Gentleman asks that Rule 37(g) be suspend and Third Reading deadline be extended until June 30th. And on 150  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1936 that question, the Gentleman from DeWitt, Representative Vinson."

"Yes, Mr. Speaker, I wonder if the Gentleman would yield for a question?"

"He indicates he will."

"Representative, could you tell me why it is that you want to suspend this rule?"

"Well, the... the rule was suspended previously till today's date. If we don't vote on these Bills today, we would... they would be tabled, I believe, and they'd be dead. And we would not want to put them on the table and so, as a result, I'm extending the deadline until June 30th so that they can, if needed, can be acted upon sometime prior to June 30th."

"Why haven't we been able to deal with them prior today? They've already been suspended once."

"Well, we just did one of them; that was, Senate Bill 2000. We just moved it to Third Reading. And it's just a matter of extending the deadline because there's no time tonight to vote on them and it's just not timely."

"Could you... could you tell me what you intend to do with these Bills?"

"Well, Senate Bill 2000, I'm sure now that it's on Third Reading, we know what's in the Bill. We can try to pass it if you're vote it; and, if you're against it, you'd vote 'no'."

"What about those others?"

"Well, I would just suggest that you look at the... what has been filed with the Clerk by way of Amendments and see what's up."

"Are you aware of any plans to do things with those Bills that are not in Amendments filed with the Clerk right now?"

"No, that's why they had me make the Motion." 151  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1986

"Yeah, I thought so."

"Further discussion? The Gentleman from Lake, Pedersen."

"Thank you, Mr. Speaker. To the Motion. There's been some sub... accusations have been made relative to the purpose for this Motion and the use of these Bills will be put to. I had hoped that we would be... they would be proven groundless when these Bills died today. Those people who may intend to misuse these Bills, given substance to certain accusations, ought to know that such behavior will not be tolerated by the people of Illinois and will not participate in any coverup and improper behavior around these Bill. And I recommend a 'no' vote on this Motion"

"Further discussion? The question is, 'Shall the House suspend Rule 37(g)?' Representative Cullerton, to close."

"Yes, being the Chairman of the Criminal Law Committee, I just discovered that we have another... another crime that we haven't outlawed yet - Bill abuse, and the previous speaker talked about abusing the Bills. I don't... maybe we could have aggravated Bill abuse. Maybe we can have second time loser Bill abuse. If you get convicted of abusing a Bill the second time, you may have to go to your local police station and register with the police so they know where you live so we can get printouts of those people who abuse Bills and we can put them on mailing list. There's no abuse of Bills. There's Roll Calls and there's majority vote. That's your protection that you have, and that's what you'll have with regard to these Bills, and I would hope that we get a majority vote in this democratic society to extend this deadline."

"The Gentleman moves that the House suspend rule 152  STATE OF ILLINOIS 34th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1936 37(g), Third Reading deadline, till June 30th. All those in favor signify by voting 'aye', those opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question there are 67 voting 'yes'... Representative Ewing votes 'no'. On this question there are 67 voting 'yes', 50 voting 'no' and none voting 'present', and the Motion carries. The House is ready to adjourn. And before we adjourn, I'd like to make an announcement as to... Representative Mulcahey, in the Chair."

"Chair recognizes Representative Terzich."

"Yes, Mr. Speaker, the Executive Committee, which is scheduled for 3:30 tomorrow morning, has been changed. We will meet on-half hour before we go into Session which will be at 10:30 a.m. tomorrow morning. So, that's 10:30 a.m. in Room 114."

"Representative Vinson."

"Mr. Speaker, as a person that might have been associated with the Contras, I'm curious as to whether you received any Contra assistance from the Speaker."

"Again, please."

"As the one person in the Chair today who may have been associated with the Contras, I'm curious as to whether you have received any Contra assistance from the Speaker."

"I have Daniel Ortega to my left. Representative Panayotovich."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The Chairman of the Cook County Democratic Organization would like to invite you for cocktails over to Bauer's after we get done."

"Representative Leverenz."

"Yes, Mr. Speaker, I would resent the remark from the 153  STATE OF ILLINOIS 84th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 135th Legislative Day June 26, 1936 Gentleman from the other side - I think he's in leadership - because you really resemble that remark."

"Representative Dunn."

"Well, with you in the Chair, we just have adjourned. I just didn't hear the Resolution."

"Representative Ryder."

"Thank you. We're somewhat interested in... as to what time the 'Downstate Democratic Caucus' is meeting tomorrow. Some of us have been following with great interest the progress."

"Since I'm not temporary Speaker, it's at the call of the Chair - we. I have an announcement to make for this weekend's schedule. On behalf of the Speaker, I would like to announce that we will be back in Session tomorrow morning at... Friday morning at 11:00 a.m. and work until approximately 8:00 p.m. or later, if necessary. Saturday we'll come in at 9:00 a.m. and work till about 2:00 in the afternoon. On Sunday, we'll be returned to the chamber at 3:00 in the afternoon and work until necessary. Chair recognizes Representative McPike for the Adjournment Motion."

"Thank you, Mr. Speaker. I move the House stand adjourned until tomorrow at the hour of 11:00 a.m."

"You heard the Gentleman's Motion. All in favor signify by saying 'aye', 'aye', opposed 'no'. The 'ayes' have it. The House stands adjourned." 154  09/19/86 STATE OF ILLINOIS 11:48 84TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX PAGE 1 JUNE 26, 1986 HB-0787 CONCURRENCE PAGE 62 HB-0787 MOTION PAGE 77 HB-1446 CONCURRENCE PAGE 106 HB-1467 CONCURRENCE PAGE 113 HB-2409 CONCURRENCE PAGE 5 HB-2612 CONCURRENCE PAGE 15 HB-2625 CONCURRENCE PAGE 119 HB-2630 CONCURRENCE PAGE 72 HB-2630 OUT OF RECORD PAGE 77 HB-2642 CONCURRENCE PAGE 20 HB-2688 CONCURRENCE PAGE 117 HB-2741 CONCURRENCE PAGE 22 HB-2839 CONCURRENCE PAGE 16 HB-2839 CONCURRENCE PAGE 112 HB-2839 OUT OF RECORD PAGE 17 HB-2878 CONCURRENCE PAGE 117 HB-2974 CONCURRENCE PAGE 119 HB-3053 CONCURRENCE PAGE 17 HB-3062 CONCURRENCE PAGE 71 HB-3137 CONCURRENCE PAGE 107 HB-3137 OUT OF RECORD PAGE 112 HB-3340 CONCURRENCE PAGE 60 HB-3340 CONCURRENCE PAGE 63 HB-3340 OUT OF RECORD PAGE 64 SB-0415 CONCURRENCE PAGE 63 SB-1320 CONCURRENCE PAGE 38 SB-1517 CONCURRENCE PAGE 38 SB-1809 CONCURRENCE PAGE 55 SB-1931 CONCURRENCE PAGE 56 SB-1957 CONCURRENCE PAGE 57 SB-2000 SECOND READING PAGE 145 SB-2003 CONCURRENCE PAGE 56 SB-2042 CONCURRENCE PAGE 58 SB-2061 SECOND READING PAGE 26 SB-2061 THIRD READING PAGE 35 SB-2076 CONCURRENCE PAGE 66 SB-2100 CONCURRENCE PAGE 63 SB-2165 CONCURRENCE PAGE 67 SB-2173 CONCURRENCE PAGE 69 HJR-0180 RESOLUTION OFFERED PAGE 129 HJR-0181 RESOLUTION OFFERED PAGE 122 SUBJECT MATTER HOUSE TO ORDER - SPEAKER MCPIKE IN THE CHAIR PAGE 1 PRAYER - REVEREND CURTIS PAGE 1 PLEDGE OF ALLEGIANCE PAGE 1 ROLL CALL FOR ATTENDANCE PAGE 2 AGREED RESOLUTIONS PAGE 2 MESSAGES FROM THE SENATE PAGE 2 GENERAL RESOLUTIONS PAGE 2 MESSAGES FROM THE SENATE PAGE 72 MESSAGES FROM THE SENATE PAGE 113 RECESS PAGE 121 HOUSE TO RECONVENE PAGE 122 ADJOURNMENT PAGE 154