77TH GENEQAL ASSEMBLYNo, we haven't taken care of that. Let's take care of 2346 and then figure out...

77TH GENEQAL ASSEMBLY

SENATE FLOOR DEBATE

JUNE 5, 1972

; ' . ) . . ' . v 1 ' . ' ' ' - ''. . , . . . ?. . . . . . ... . . . t ;

1. Senate will come to order. Prayer by the Chaplain, Reverend

2. Joseph Ferriera, Pastor of Zenobia Baptist Church, Pawnqe, Illinois.. ) ''

3. Pastor Ferriera. .

4. (KEADS PRAYER) '

6. Reading of the Journal. Moved by Senator Romano, that the

7. reading of the Journal be dispensed with. A1l in favor signify by

8. saying. aye. Contrary minded. Motion prevails. Committee re-;

9. ports. '

l0. SECRETARY: '

1l. Senator Lyons, Chairman of Appropriations Committee, reports

12. out Senate Bills 1394, 1406, 1410, 1587 and 1592 with the recom-

mendation Do Pass. '13.

14. PRESIDENT:

15. Any Resolutions or motions? We have a message from the House.

l6. SECRETARY: '

17. A message from the House by Mr. Selcke, Clerk: .

. . . '1g. ' . Mr. President -- T am directed to inform the senate that the

# .

19. House of Rep/esentatives has passed bills of the following titles

2: in the passage of which I am instructed to ask the concurrence of

al. the Senate, to wit: H84082, 4085, 4260, 4305, 4387, 4320, 4445,

22 4553, 4499, 4505, 4528, 4749, 4651, 4653 and 4665.

23 PRESIDENT:

24 Any Resolutions or motions? Senator Dougherty.

25. SENATOR DOUGHERTY:

26. I would like to have the Senate Committee on Education be dis-

a7. charged from further consideration of H82346 and that it would be

28 placed on the Order of Second Reading where then I will offer an

29 amendment. Thatfs a1l right with me..vthat's right. Senator Saper-

Stein.30.

31 PRESTDENT:

ap Is this...senator Saperstein, you have no objection...is there.., ''' *'' *

33 Senator Partee.

SENATOR PARTEE :1

1.

1. don't Want to interrupt what is going on here, but those

from the House', those billsbills you just cead that came over

should go to Rules.

PRESIDENT:

Motion by Senator Partee that the bills justo..the messages

ived from the House...the House Bills should be referred torece

the Rules Commiktee. All in favor signify by saying aye.

Contrary minded. Motion prevails. Senator Graham.

SENATOR GRAHAM:

Mr. President,

4.

6.

7.

9.

10 '

12.

l3.

15.

16.

l7.

18.

l9.

20.

22.

23.

24.

I didn't have time to check with Senator

Partee. Is he on the Floor? Tod4y we are hearing as a Committee

of the Whole Senate Bill 1569 which has been referred to the

Committee on Elections. Now, I talked with Senator Dougherty.

I'm sure that the Committee on Elections has no real interest

in struggling through this 300 page bill after we hear it this

afternoon. I would like to# at the proper time today, or get

consent of the Senate to have this billz have the Committee on

Elections discharge from any' consideration of 1569 and after

the Committee of the Whole hearing today have it advanced to

the Order of Second Reading so we can amend tomorrow and get

it over to the House and get it moving.

PRESIDENTZ

Thee..senator Dougherty.

SENATOR DOUGHERTY:

In the meantime, Mr. President, what happened to 23467

Was it discharged?

PRESTDENT:

No, we haven't taken care of that. Let's take care of

2346 and then figure out hcw we will work this out procedurally.

Is there objectâon of the discharge of 2346' from committee?

Senator Clarke.

SENATOR CLARKE:

Could you explain what the bill does or what ït is?

PRESIDENT:

26.

27.

29.

30.

33.

2

1.

3.

4.

5.

6.

8 '

l0.

ll.

12.

l3.

14.

l5.

16.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

32.

Senator Dougherty.

SENATOR DOUGHERTY:

What the bill provides is that a person may,

parent may object to his child participating in sex education.

And they can either give permission or they can deny permission

and at the request of the Office of the Superintendent of Public

Instruction which caused the delay we are putting on an amend-

ment which removes some of their objections to the bill. It's...

a family, a

thank you.

PRESIDENT:

Is there objection? There is no objection. Senator Graham

moves that the Committee on Elections be discharged from consi-

deration ofo..what is the numher? Senate Bill 1569 for consi-

deration by the Committee of the Whole. A11 in favor signify

by saying aye. Contrary minded. And then it willao.then the

Committee of the Whole will refer it to the Senate at that point.

Senator Graham.

SENATOR GRAHAM:

In connection with this, Mr. President and members of the

Senate, I would like to suggest to you, if I mâght be so boldz

that we're gcing to be considering that very complex bill this

afternoon and first of all, I would encourage you to be in

attendance if at all possible. In the meantime, you are going

to have distributed upon your desks sometime before 1:30 a

package that looks like this that says ''Summary of Election Code

of 1972, Senate Bill 1569.'' Please don't get it all caught up

with your other papers as so often we do because I think some of

this summary youlre going to find very interqsting. It's going

to be helpful to you in digesting the contents of khis very

large Senate Bill. I encourage your participation in it and

I thank you very much. Thank you, Mr. President.

PRESIDENT :

Senator Carroll.

3

l .

2. .

4.

5.

8'

9.

l0.

11.

12.

13.

l4.

16.

17.

l8.

SENATOR CARROLL)

Mk. President and senators, last week I got permission

from the Senate to discharge the Committee on Local Government

from House Bill l79 and have it heard in the Conservation and

Agriculture Committee where the balance of the series of these

bills, l87 and 82 and 83, there a1l in a series, were being held.

The other bills al1 got out of the committee last week except

this particular bill because the chairman didn't realize that

I had made this motion on the Floor. They didn't have sufficient

notice. Thereforey I would ask that the committee be discharged

and it be placed on the Order of Second Reading with.the other

companion bills. I talked to the President pro tem about it

and he sugtested that this was the proper way to handle it.

PRESIDENT:

Senator Nihill.

SENATOR NIHILL:

Mr. President, Senator Carroll, I think Jchn Knuppel shduld

knqw something about this. can't recall this. I'm on the

Agriculture...

PRESIDENT:

wonder Senakor Carroll, if Senator Nihillîs suggestion

isn't good. That you hold off the motion until Senator Knuppel

is on the Floor. Is he here now? Senator Knuppel is here now

if you can..osenator Carroll has askld for the discharge of a

bill from your''committee. It's apparently part of a series. What's

the number of it, genator Carroll?

SENATOR CARROLL:

179, that's that series. The other bills 179, 87, 182 and

l81 came out of your committee last week, Senator. had

Senator Baltz handling it for me because I was on another committee.

They came out 12 to nothing or something of this sort. This one

bill wasn't heard. It was a bill that I got p/rmission on the

Floor to have transferred to your ccmmittee and itfs a ccmpanion

4

20.

2l.

22.

23.

24.

25.

26.

27.

28.

29.

30.

3l.

32.

1.

3.

4.

6.

7.

9.

10..

bills .with the other ones and for that reason I'd like to ask

the committee be discharged and be on Second Reading withthe other bills. have permission from the President p

ro tem

of the Senate.

PRESIDENT:

We have a problem here. Unfortunately, the bill was in

committee, it's been Tabled . So the proper motion will have

to be to take from the Table. The bill has already been...senator

Knuppel.

SENATOR KNUPPEL:

Well, I'm not familiar with Ehe bill. I'd like to. have time

to look at it because it didn't get to our committee before

would say whether we had any objection or not.

PRESIDENT:

l2.

l3.

14.

l5.

l6.

l7.

l8.

19.

2Q.

22.

23.

24.

25.

26.

27.

28.

29.

30.

Senator Partee.

SENATOR PARTEE:

This is one of a series of bills and what the bill does a's

far as I can see is to change the reference from the Deparument

of Public Warks and Buildings in the drainage dode statute to

the Department of Transportation . As you know': we have a Depart-

ment of Transportaticn which replaced the other bureau. And I

take it that the bills are intended to clear up the language.

Now, if they do anything more than that, that's another question.

But I think that's what does. But we still would, I think,

in accordance with what you've suggested since it has been Tabled

we will have to have a mokion to suspend the rules to take it

from the Table. So maybe we're going to haye to wait until you

get more members here, Senator, because you're going to have to

have 35 votes. I think.

PRESIDENT:

Senator Dougherty, the same motion. . .ruling will have to

apply to 2346. I think we'11.. .I think we'd better wait as Senator

Partee has suggested 'til there are a few more Senators here before33.

5

1.

2.

3.

4.

6.

7.

9.

l0.

l2.

l3.

l4.

15.

16.

we get on to either motïon. I think that they will have to have

35 votes. Senator Davidson.

SENATOR DAVIDSON;

Mr. President and members of the Senate, have a bill on

the Secretary's Desk and under the new Constitution wetve had

to put in the separate appropriations on commissions where it

was only good for one year and I have one here for the Agri-

cultumal Commodity Marketing Commission for $2500. And I'd

like to suspend the rules and movç this to Second Reading without

a reference.

PRESIDENT:

Senator Davidson has asked for unanimous consent for the

introduction of this bill and advancing it to Second without

reference. Is there objection? Leave is granted. Right.SECRETARY:

Senate Bill /1603 introduced by Senator Davidson. A bill

for an Act making an appropriation to the Agriculture Commodity

Marketing Study Commission. First Reading of the b'ill.

PRESIDENT:

Let's proceed out of our customary order because the 1ow

attendance right now. First, House Bills on Sqcond Reading.

Then we will go to Senate Bills on Second Reading. Senator

Sours.

SENATOR SOURS:

I wanted to, Mr. President, make a motion after Senator Lyons

gets here. I don't want to lose my place after he gets here.

PRESIDENT:

Senator Lyons is here. We'll proceed to .House Bills on

Second Reading and then call on Senator Sours after that. Yes,

Senator Graham.

SENATOR GRAHAM:

Mr. President, I wouldn't wank to. . .I wouldn't consider at

all breaking the rules of the Senate to introduce my daughter and

l8.

l9.

20.

22.

23.

24.

25.

26.

27.

28.

29.

30.

33.

6

(' ' ' . - . ' : ' ( .:; , . . .. I . . .. ' . - t :.J') . :; ), ; ' . . ',q . . zg, u;)j,$;.'.. .:. ' . w ( . . . . :. . . . . j r. . ., , : . ;)' . . ., . . . . . . . ,. ,, .. . . .. .,. . .. ,. , , .. . s .s . . , .

I .

1. her husband, my ,son-in-law' Mr. & Mrs. Ron Vybtial, seating in

a. the gallery behind us. .

3 PRESIDENT: ' -

4 House Bills on Second Reading. Is Senator Carroll on the

5. Ploor? 181, l82 and 187, you want to call those...advance those?

6. Representative Juckett's bills. Senator Carroll.

7. SENATOR CARROLL:

8 ' Mr. President and Senators, this is the series that the'j

9. . bill I was just talking about and I'd like to. hèld it and handle

10. them al1 at the same time, if I can.

ll. PRESIDENT:

l2. Al1 right. They will be held. 1464, Senator Johns. 1464.

13 SECRETARY: '

14 second Reading of the bill. No committee amendments.

15 PRESXDENT: '

16 Any amendments frcm the Floor? Third Reading. 2222, Senator

17 Mitchler on the Floor? He Was here a moment ago. 2385, Senqtor

- ' Egan. 2385.18.

19 SECRETARY:

ao Second Reading of the bill. No committee amendments.

a1 PRESIDENT: .

22 Any amendments from the Floor? Third Reading. 2685, Senator

Graham. 2685.23.

24 SECRETARY:

Second Reading of the bill. 0ne committee amendment from25.

26 Appropriations.

PRESIDENT:27.

Senator Graham moves the adoption of thç committee amendment.28.

Al1 in favor signifk by saying aye. Contrary minded. The '29.

amendment's adopted. Any further amendments? Third Reading.30.

2733, Senator Lathercw. Hold. Senator Clarke. '3l.

SENATOR CLXRKE:32.

.

I have a request on this next bill that it be moved f or3 3 .

7 .

.! >/r.<.,:F , k; . CJ rtt'ë v ;:try '; . . .t'%LfL ,tt .:i)'k 2 ê , . . , r ! ;a .. : : t .tl :.;: .,. . . . ' . . r . ' .. . y. :.aft z: t,;2k;. r( . . , . . s k . . .jj . ... c . -r - . ... p . ..: s) ,' ,- .,< . . . . ..L ' . . . . . ' . ' .. : .. . , 1 . . 7 - . 7 2 . . . . : . . . . . . . . :

1. Senator Harris who isn't here.

2. PRESIDENT:.

3. 2882.

4. SECRETARY: '

5. Second Reading of the bill. No committee amendments.

6. PRESIDENT:

7. Any amendments from the Floorz Third Reading. 3746,

8. Senator Rock. Hold. Senator Clarke. '

9. SENATOR CLARKE: .

10. Then on the next .bill, 3741, I have a similar request from

11 senator Fawell who has not been able to be here.* .

12. PRESIDENT:

l4. SECRETARY:

15 Second Reading of khe bill. No rommittee amendments.

' 16. PRESTDENT:

17 Any amendments from the Floor? Third Reading. 3798, '

18. ' Senytor Rock. Hold. 4091, is Senator Coulson on the Floor?19. Senator Mitchler, when you were off the Floor, 2222 came...hold,

20 okay. 4152, Senator Davidson. Senator Davidson. 4152. 4152.

21 Senator Davidson.

22 SENATOR DAVIDSON:

senator Knuppel, have you had your amendments to this bill23.

24 yet' this egg bill2

PRESIDENT:25.

4152, Senator Knuppel. SenaEor Knuppel.26.

SENATOR KNUPPEL:27. .

Senator Latherow is working cn those. He's going to submit28.

them to me and I was going to check them.29.

PRESIDENT:30.

It will be held. For what purpose does Senator Collins arise?3l.

SENATOR COLLINS:32.

I would like to have the honor of introducing Senator Rosander ' s33 .

8

' ' ' 2' ./ J' q v' ' . ' k. ' ? : . ' ; . ' . ' 1 p J ' ' ' ' ; 7 ' . ' , . . . ' ' ' D ' ' ' r'T 2. ) , . : h . 4 . ' # . $ . . k '': '. a . . . . ' : '' . Li ) t . . . v . xs t ' . . . . . . . .:'

. ' ' . . , . . . . .

1. MerY attractive .and charming wife, Mrs. Rosander. Would you

2 stand Mrs. Rosander, please. '

PRESIDENT:3.

4 4181, senator Sours. Holdk Senator Clarke.

5 SENATOR CLARKE:

6 SenaEor Harris also asked me ko advance 4162 if thak was

7 agreeable.* - .

g . PRESIDENT:

9. .

10 SECRETARY:*

'

.

11 ' Second Reading of the bill. No committee amendments.

. 1.. ''PRESIDENT:l2.

Any amendments from the Floor? Third Reading. 4208,l3.

Senator Graham. 4208.l4.

SECRETARY:l5.

' .

Second Reading of the bill. No coxnittee amendments.l6.

PRESIDENT: .l7.

. .''

. Any amendments from the Floor? Third Reading. 4245,l8.

Senator soper. 4245.19.

SECRETARY: '20.

second Reading of the bill. No committee amendments.2l. ,

PRESIDENT:22.

Any amendments from the.Floor? Third Reading. 4268,23.

Senator Carroll.24.

SENATOR CARROLL:25.

Mr. President, ackually the bill is being handled by Senator26.

Hynes. It was taken away from me the other day. He requested...27.

PRESIDENT: $28.

Senator Hynes on the Floor? You wish to advance that? And29.

we'll correct the calendar tomorrow. 4268.30.

SECRETARY:3l. w .

Second Reading of the bill. No committee amendments.32.

PRESIDENT:3 3 .

9 '

' .t t. . . . ' 1 ' . ' ' ' '

1. Any amendments from the Floor? Third Reading. 4328, is

2. Senakor Palmer on the Floor? 4337, Senator Saperstein.. Hold.

3. Senakor Hynes.

4. SENATOR HYNES:

5. 4268, Senator Carroll, is not the bill that I took. 4523 is.

6. You still are the sponsor of 4268.

7 PRESIDENT:

a. 4268 has been advanced, is that okay? Senator Carroll.

lo. My secretary got the numbers twisted here, I guess.

ll. PRESIDENT:

l2. A11 right. 4268 will continue to show Senator Carroll as

13. the sponsor. 4429, Senàtor Latherow. 4429.

14 SXCRETARY:

15. Second Reading of the bill. No çommittee amendments.

16 PRESIDENT :

l7. Any amendments from the Flcor? Third Reading. Senator '

. -'

Clarke. .18.

19. SENATOR CLARKE:

2c. Once again, 4363 is a bill Senator Harris was sponsoring

21 that he wished to have advanced. '

22. PRESIDENT:

23 4363. .

24 SECRETARY:

25 Second Reading of the bill. No committee amendments.

26 PRESIDENT:

27 Any amendments from the Floor? Third Reading. 4447, Senator...

4447. :28.

SECRETARY:29.

ao Second Reading of the bill. No committee amendments.

PRESIDENT:3l.

az Any amendments from the Floor? Third Reading. 4458,

aa Senator Latherow. Senator Latherow, 4458. 4458.

10

1. SECRETARY:

Second Reading of the bill. No committee amendments.

PRESIDENT:3.

4. Any amendments from the Floor? Third Reading. 4459. 4459.

SECRETARY:

Second

PRESIDENT:

Any amendments from the Eloor? Third Reading. Senator

Clarke.

SENATOR CLARKE:

The last two bills of Senator Harris' were 4438 and 39

which I believe are noncontroversial.

PRESIDENT:

of the bill. No committee amendments.6.

7.

8.

9.

l0.

Reading

l2.

l3.

4438.

SECRETARY:

l6.

l7.

l8.

l9.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

Second Reading of the bill. Nz ' o . c omm 1 t te e ame nd me n t s .

33.

PRESIDENT:

Any amendments from the Floor? Third Reading. 4439.

SECRETARY:

Second Reading of the bill. No commiktee amendments.

PRESIDENT:

Any amendments from the Floor? Third Reading. Senator

Saperskein has asked that 4337 be called. 4337.

SECRETARY:


PRESIDENT:

Any amendments from the Floor? Third Reading. 4476,

Senator Mitchler. 4476.

SECRETARY:


PRESIDENT:


Senator Latherow. 4508. senator Knuppel. Senator Latherow.

11

. g .g a . ; . r . : . . . . . ... . - . - ; k (f y - ,.. A.: .3 j; .q: .t. ,.. . :). iltv ( ; . . '. ,: . . . . . . . -z.,--. . .E . s . , . .

1 SENATOR LATHEROW:

2. Just hold that. I have an amendment to go on yet. .

g PRESIDENT:

4. 4508 will be held. 4523, Senator Hynes. 4523.

s SECRETARY:

6. Second Reading of the bill. No eommittee amendments.

7 PRESIDENT :'

g Any amendments fron the Floor? Third Reading. 4574,

9 senator Collins. 4574.

SECRETARY:l0.

11 Second Rëading of the bill. No committee amendments.

PRESIDENT:l2.

Any amendments from the Ploor? Third Reading. Senator13.

Sours, you wish to make a motion. You wish to make it at this14.

time or... .l5.

.

SENATOR SOURS;l6.

Mr. President, Senatorsy T am referring to House Bill 4180l7. .

' - ' ' œhich is an appropriation of $2290 w'hich would be the exact18.

amount of the share of the Skate of Tllinois in connection with19.

certain paving in the City of Peoria by a street assessment20.

arrangement. This is the actual dollar amount share of the2l.

State's obligation because it owns some of the frontage land.22.

I have discussed this with the èhairman of the Apprcpriations23.

Committee, Senator Lyons, and it is notoo.it meets with his ap-24.

proval that I make khe motion thak the committee be discharged25.

from a1l consideration cf tiis bill and it be placed on Second26.

Reading.27.PRESIDENT:28. '

Motion Ehat the committee be discharged. Is there objection?29.

Leave is granted. Senate Bills on Second Reading. Senate Bills30.

' on Seeond Reading. Senator Clarke, are any of those bills of3l. .

Senator Harris or Carpentier, any of those, should those be ad-32.

vanced. On Second Reading.33.

12

I

1.

2.

4.

5.

7.

8.

l0.

ll.

l2.

13.

l4.

15.

16.

17.

l8.

l9.

20.

2l.

22.

23.

24.

25.

26.

27.

28.

30.

3l.

32.

SENATOR CLARKE:

I think wedll hold those.

PRESIDENT:

Senatoro.wthey will be held. A11 right. 1425, Senator

McBroom. Senator McBroom was on the Floor a moment ago. 1426,

Senator Merritt. Senate Bills on Second Reading. 1465, I'm

sorry. 1465.

SECRETARY:

Second Reading of the bill. One committee amendnent from

Appropriations.

PRESIDENT:

Senator Merritt moves the adoption of the committee amend-

ment. A11 in favor signify by saying aye. Contrary minded.

The amendment is adopted. Any further amendments? Third Reading.

1583, Senator Sours. 1583.

SECRETARY:


PRESIDENT:: .

Any amendments from the Floor? Third Reading. 1593, 1593.

SECRETARY:

Second Readïng of the bill. No committee amendments.

PRESIDENT:


Senator Merritt. Senator Merritt.

SENATOR MERRTTT:

Mr. President and nembers of the Senate, perhaps I should

'make a brief explanation. The calendar on 1465 actually was in

error because the appropriation was struck from that and there-

fore 1597 carries the appropriation. They're companion bills.

PRESIDEI7T J

The calendar is not in error because the amendment striking

that is not adopted until we are...

SENATOR MERRITT:

13

Tt is at this juncture.

3.

4.

PRESIDENT:

Right. That's correct.

SENATOR MERRITT:

That's correct.

PRESIDENT:

1597.

SECRETARY:

6.

7.

9.

l0.

ll.

12.

13.


PRESIDENT:

Any amendments frcm the Floor? Third Reading. 1598,

Senator Mccarthy. Hold. Hold the whole series. As we see

it we now have'about 34 members pf the Senate present so if

members have completely noncontroversial bills you want to

call..gsenator Clarke.

SENATOR CLARKE:

Mr. President: I did find my note and there were two bills

thit Senator Harris wanted advanced. Senate Bills on Second

Reading, 1362 and 1511.

PRESIDENT:

1362, Senate Bi11 on Second Reading.

SECRETARY:


PRESIDENT:

Any amendments from the Floor? Third Reading. 1511.

SECRETARY:


PRESIDENT:

Any amendments from the Floor? Third Reading. Senate

Bills on Third Reading. Any Senators have Senate Bills on Third

Reading that are relatively free from contrgversy Ehey would

like to call? Senator Sours.

SENATOR SOURS:

15.

J. D .

l8.

19.

20.

21.

22.

23.

24.

25.

26.

27.

29.

30.

32.

33.

14

2.

3.

4.

5.

6.

7.

8 ..

1 0 . '

ll.

l2.

l3.

14.

15.- o-.1. .

18.

19.

20.

2l.

22.

23.

25.

26.

27.

28.

29.

30.

32.

Mr. President Senators, oh#

Reading. No, I have none, I was looking at Hoùse. I'm sorry.

PRESIDENT:

Al1 right. We'll proceed to House Bills shortly if we

' don't have any...senator Rock.

SENATOR ROCK:

I have, Mr. President and members of the Senate, Senate

Bill 1590 which believe is wiEhouE controversy. 1...

and Senate Bills on Third

PRESIDENT:

1590. Senator Rock.

SENATOR ROCK:

Yes, Mr. President

1590 changes the Legislative Investigating Commission Act as

the Act is presenkly constituted.. In order for the Illinois

Legislative Investigating Commission to act it must be pursuant

to joint action of 50th houses. In other words, khere has ta

be a House Joint Resolution or a Senake Joânt Resolution thqt

does, in faet, pass both houses. This anendment to this Act

would now permit if passed would permit the Commission to act

in one of four different ways as opposed to one way. It could

act either pursuant to mandate of both houses. It could act

pursuant to the mandate of one house or Ehe other house. Or

when the Leqislature is not in Session, could act kind of

sui spontae: on its owno..pursûant to its own resolution. However,

that resoluticn has to be passed by or approved by 75%, three-

quarters of the members of the eommission, and signed by both

co-chairmen. In addition it cannot concern any subject matterwhich had been before the Legislature. In pther words, if, in

faet, the Legislakure had a resolution to investigate some matter

or somethfng and that resolukion did not in fact pass the com-

mission would be foreclosed. It could not then pursuant to

its own resolution so act. The problem wedre confronted with

here and a perfect illustration is House Joint Resolution l34

and members of the Senate: Senate Bill

15

. ' . # . . . . ' . . . . ... .' ' ' ' :. ) 4 . . ' ' . . . . .. ' ' ' . ' . ' ' .'' .' . '

j ' : ' . . ' ..'''' ' . .' . . : * z ' .. ' . 'j '

1. which is pending before the Senate Executive Committee. That

2. resolution, you will recall, at least from the newspaper accounts,

3. called for an investigation of allegations made by a certain

4. lobbyist from Springfield. That resolution had a reporting date

5. that the Crime Commission or the Investigating Commission was

6 to report back to b0th hou'ses on or before June 5th. Today is

7. June 5th as everybody's well aware and the resolution itself

a. is not yet out of the Senate Executive Committee. Hence, the

9 reporting date is virtually meaningless. The problem arises.

lc for cne when the LeMislature is not is Session and the Commission

11 ' has to act on a makter that's pretty obvious. As it stands

12 now the Commission does not have that authority. This bill

13 would give it that authority with those certain circumscriptions

14 that I pointed out. I would ask a favorable roll call.

15 PRESIDENT:

16 Is there any discussion? Secretary will call the rcll.

17 SECRETARY: .

18 ..' Arrington, Baltz, Berning, Bidwill, Bruce, Carpentier, Carroll,# .

19 Cherry, Chew, Clarke, Collins, Coulson, Course, Davidson, Donnewald,

zc Dougherty, Eganz Eawell, Gilbert, Graham, Groen, Hall, Harris,

Horsley, Hynes, Johns, Knuepfer, Knuppel, Kosinski, Kusibab,21.

2 Latherow, Laughlin , Lyons , McBroom, Mccarthy , Merritt , Mitchler ,2 .

Mohr, Neistein , Newhouse , Nihill, O ' Brien , Ozinga , Palmer , Partee ,2 3 .

Rock , Romano, Rosander , Saperstein , Savickas ê Smith p Soper r Sours ,2 4 .

Swinarski , Vadalabene , Walker , Weaver.2 5 .

PRESIDENT:2 6 .

. . . aye. On that question the yeas are 39. The nays are27.

none. The bill having received a constitutional majority is28. ,

declared passed. Senator Laughlin.29. .

SENATOR LAUGHLIN:30.

Yes, Mr. President, members in the Senate, I don't think31.

that there is controversy about Senate Bill 1505 and Ild like32.

to call it if it appears tha't there is 1911 hold back until other33.

16

1. people are here.'

PRESIDENT:

1505. Senator McBroom.

SENATOR MCBROOM:

Senator, would you mind holding it till you and can

visit a minute.

PRESIDENT:

Senator Laughlin is holding the bill. Senator Graham.

SENATOR GRAHAM:

Mr. President, just talked to Senator Partee regarding

Senate Bill 1571. I imagine there was some concern about this.

I know of no def inite 6ppositions since the amendment was'

his is a bill of great importance toadopted the other day. T

he northwest community area. Senator Partee suggested we callt

it and be willing to do that at this time .

PRESIDENT :

3.

4.

6.

7.

8.

9.

l0.

l2.

l3.

14.

16.

17.

18.

l9.

20.

1571, Senator Graham.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

. 33.

SENATOR GRAHAM:

I would like to address myself to it briefly. I'm sure it's

not going ko do much good but 1111 try. This bi1l...

PRESIDENT:

Just a moment. Pleaser let's get some order.

SENATOR GRAHAM:

This bill addressed itself to authorizing hospitals speci-

fically the Northwest Community Hospital of Arlington Heights,

Eo conduck pilot programs approved by the State of Illinois by

the Department of Public Health for the delivery of emergency

medical care to the sick and injured at the scene of emergency

and during transportation to a hospital and until care and res-

.ponsibility can be assumed by the regular hospital staff. Pro-

vides for certifâcation of those people that are to perform

these acts after six weeks training be certified by a doctor.

This program will allow at the time of an emergency for those

17

1.

3.

4.

5.

6.

7.

8.

l0.

1l.

l2.

l3.

14.

16.

l7.

l8.

l9.

20.

21.

23.

24.

26.

27.

28.

29.

30.

31.

33.

. '.. I --

aramedics that 'answer the call , the emergency call, to a' d-P

minister such aid and other drugs , medicines that might be

necessary at the time of an accident or time of emergency that might

keep alive the person that they are there to attend . Now,

this will be under the control of the hospital by telephone

and/or transmitter or b0th and in the Northwest community area

of Cook County .and mank others, we know.that. the ambulance èervice

that it has been depleted due to the fact that it is not pro-

fitable for ambulances to be operated by our former funeral.

directors. We believe that this bill is the answer to a problem

and we'd like to get it ovçr into the qHouse. There a're many people

that are much interested in this, especially a quarter of a

million people up in my area. This was drafted off of the

Townsend-Wedworth Act in California and this program is now in

effect and working in California and .thcse of you who watch

television on Saturday nlght if you tune in the program ''Emergeney''

you will see that this program as portrayed by that televisio'n

p'rqgram is a great benefit. This had a large discussion on it

in the committee hearing. The Nursesl Associatâon were opposed

to it at that kime- Our staff worked with the nurses. They are

not opposed to it now and I would, as I told rur people in the

commlttee hearing, either here or in the House, if there's any-

thinq thak can be done constructively to help this pieee of

legislation on its way towards the Governor's Desk and for final

assignment, certainly will listen to any group or groups. The

House sponsors will do the same, io mokivate this bill and get

it toward final enactment and signing by the Governor. There

are many areas in the State of Illinois which would like to take

advantage of this, which think, is a most important act in the

State of Illinois insoflr as we have subscribed to the trauma

program which is helping some. So I do invite a favorablç par-

ticipltion and affirmative vote for the considèration of this

bill.

18

' ' ' ' 7 ' . . ' . . .. . . . . . . . . ' . ''. p ' r -'- ' ' ' ' ' ' '.'ti . q( : x ' . f ' ï '. t; .' .. q-.tzuk' a . . ' J' q . ': . q - 2 . 'r.%j . ('.j' . s ,, -; g .), . . '' 7 J : . . > ' i ' ' . i' m . ' y t y t : , ' ' f ' h' . . LI' ) . o ! 1 ' .' ' ' a' l .'t 1. . . . . . w . & . . j. . . . . . . . . 1 . , . . . . c. . .! y . ' . ': ' .. . . - . . . . .. k . î : . .

1 .PRESIDENT: '

2 Senator Horsley.

3 . SENATOR HORSLEY:

Mr. President: I'apologize to Senator Graham for not talking4.

5 to him personally about this matter but I've been reading this

6 bill as he talked. The principle behind this bill in itself is

7 good. But this bill contains.the one paragraph in it that is

8 a growing thing in the state of Illinois in an effort to exempt

9 any doctor and any nurse from any,kind of negligence and if'

you'll look on page 2 of this bill in section 1.5 youpll find10.

the provision that no physician or nurse who in good faith gives1l. .

emergency instructions to.o.well, I have no amendment in my12.

book. I've been trying tc get this book brought up to date for13.

. weeks but I can't seem to get it brought up to date. If there14.

is an amendment why... .15.

PRESIDENT:16. . .

Gentlemen, if you can carry on your discussion for the 'l7.

' benefit of the entire bcdy rather than...senator Graham.18. .

SENATOR GRAHAM: 'l9. . .:

I'm trying to unconfuse the Senator from Sangamon.20.

PRESIDENT:21. .

Senator Horsley, while you're examining that, wefll go to22.

a couple of others who want to speak on the matter then webll23.

get back to you. Is that okay? Senator Horsley.24.

SENATOR HORSLEY:25.

Well: I have now read the amendment and I presume, of26.

course, the amendment he has shown to me is the one that was27. .

adopted. But this amendment limits the liabi.lity of the doctor29.

and the nurse only to willful and wanton negligence. It29.

does not apply to any ordinary negligence of 6he doctor or the30.

nurse in giving instructions or when that is carried out by the31.

paramedic or the person who is trying to help. ' Now, I just simply32. .

am not willing to go along with this long series of bills. We've33.

19

1.

2.

4.

5.

7.

8.

done this time after time by trying to exempt this one and exempt

that one from any consequence for negligent acts. The amendment

that was shown to me would merely exempt them from any willful

and wanton negligence and not from ordinary care..olack of or-

dinary care or from the use of ordinary negligence. Senatar,

even with that amendment, by using willful and wanton and not

ordinary, I could not go along with the bill for that reason.

PRESIDENT:

Senator Nihill.

SENATOR NIHILL:l0.

ll.

l2.

Mr. President, Senators, will Senator Graham yield to a

question, please?

PRESIDENT:

He indicates

SENATOR NIHILL:

This is ncthing like the last couple of years ago we had

a couple of bills around in here with six weeks training where

an individual, he or she, can go out and administrate a...give

you an anesthetic or do this or do that and if. you're not close

to a hospital or a doctor or a similar place where a doctor can

get in contact with you immediately you could die, if you recall,

I got Dr. George O'Brien, one cf the foremost doctcrs in the

United States of America, an internalist, and I asked him for

an opinion and I got scme copies made.and every Senator in this

room plus the Representatives they al1 got a copy of and they

had one bill and it went down the drain. I think it got nïne

votes and then they brought another bill up similar bill with

a different number and Ehat went down the drain likewise. This

is nothing like thaty ls Senator Graham?

PRESIDENT:

Senator Graham.

SENATOR GRAHAM;

Mr. President, I tried to explain what this bill does a while

he will.14.

l5.

l7.

18.

20.

2l.

22.

24.

25.

26.

27.

28.

29.

3l.

32.

33.

20

2.

3.

5.

6.

8.

9.

l0.

ll.

12.

14.

15.

iD .

18.

19.

21.

22.

23.

25.

26.

ago Whgt it does. This is not copied off of Senate Bill 24.

The main thrust of this bill is as a result of a working piece

of legislation in California known as the Wedworth-ToWnsend

Act. And it says to answer your question specifically, Senator,

''delivery of emergency medical care to the sick and injured at

the scene of the emergency and during transport to a hospital

and until care and responsibility can be assumed by the hospital

staf f . ''

PRESIDENT:

Senator Nihill.

SENATOR NIHILL:

How long would that be? Emergency, would that apply they'd

have to get them to a hospital or a doctor immediately or would

the doctor convey over the telephone, say do thise do that or

so forth, so on and hold the individual there maybe an hour or

two or three where he or she should be in the hospital where

they can take care of...

PRESIDENT:4

Senator Graham.

SENATOR GRAHAM:

I don't think I quite understand what your question is

but I think I understand what the'answer is. The answer is that

you may have contact with a doctor and/or a hospital at the time

of an emergency in order to do a very important thing, save a

life. And then it will be transpcrted to a hospital for further

care and administration of the medical practices.

PRESIDENT:

Senator 'Nihill.

SENATOR NIHTLL:

Is this mandatory on the doctor, the hospital to accept

these people in immediately or they might say. ''Wel1, we're

kind of buéy right now just do that , do this o: do that f or thei dividual '' and they may lay' on the street or in the house orn

28.

29.

30.

32.

33.

21

1.

3.

4.

5.

7.

8.

9.

l0.

ll.

l2.

13.

14.

placelo.in a building with their hurt where if you got them to

a hospital immediately they'd be taken care of properly.

PRESIDENT:

Senator Graham.

SENATOR GRAHAM:

Senator Nihill, first of all, this is a pilot program

directed toward and in connection with the krogram being in-stikuted at Northwest Community Hospital at Arlington Heights.

All doctors and al1 nurses, if I understand their philcsophies,

are dedicated to the one purpose, that is saving a life and is

not to leaving them 1ie on a sidewalk. This program will keep

people from dying on a sidewalk without any attention from any-

One.

PRESIDENT:

Senator Rosander.

SENATOR ROSANDER:

I would, Mr. President, I would like to ask the sponsor .a

question. This bill was heard in Public Welfare Committee and

it was moved out of committee with the understanding that the

proper amendments would be applied to the bill itself. And I

know that Senator Fawell who is not here today did refer to the

damages that could come under the liability act in giving aid

to an injured person. Now, I think Senator Graham did mention

that he would work out other suitable amendments with the

Nurses' Association and have you done that and are they acceptable

to the...

PRESIDENT:

Senator Uraham.

SENATOR GRAHAM:

Mr. President, I love redundancy and repetition. Yes, we

did work out with the nurses. We did incorporate in the amend-

ment willful and wanton negligence as Senator Eawell had indicated

and my staffe Mr. Albritton, says that Senator Fawell is in agree-

16.

17.

18.

l9.

20.

21.

23.

24.

26.

27.

28.

29.

30.

31.

33.

22

1.

2.

4.

5.

ment With the amendment that we adopted last week after which

I have a èopy of that amendment placed on the desks of all

Senators and requested specifically that you study the contents

of it. Yes, as far as I know, the nurses are in agreement with

it and Senator Fawell is, to answer you specifically.

PRESIDENT:

Senator Rosander.

SENATOR ROSANDER:

One further question then. I brought up in the committee

that we) not.hlimit'it'to'khe.Fire Department only. Is it still

applicable Eo the Police Department as well?

PRESIDENT:

Just a moment, please. Just a moment. Let's get some

order, please. We have several who have indicated a desire

7.

8.

9.

10.

1l.

13.

14.

16.

l7.

l8.

19.

20.

2l.

22.

23.

24.

25.

26.

27.

28.

to speak. Senator Graham.

SEKATOR GRAHAM:

This program will be confined to Fire or Police Departments

or publie units that do complete the prescribed training program

and are authorized by the doctor who is in eharge of the program

as personnel qualified to render emergency care. It's not re-

stricted to anyone only Fire and Police Departments and public

bodies because the cost of this program insofar as village

and munieipal participation in it is borne by the municipalities

seven of which in the Northwest suburban area are willing to

assume their responsibility.

PRESIDENT:

Senator Partee.

SENATOR PARTEE:

I was...I thought that this bill had no controversy. It

apparently has. There are some things that have caused

me some pause now and since Senator Fawell was involved in it,

I donlt know what's wrong with the mike. Here we are. Maybe

we ought to hold it until Senator Fawell gets here. I'm eoncerned

30.

3l.

32.

23

2.

4.

5.

6.

8.

9.

l1.

l2.

14.

l5.

l7.

l8.

19.

20.

21.

22.

24.

25.

27.

28.

29.

31.

32.

33.

about the fact that it must be willful and wanton negligence

in order for a patient to be covered. Now, I recognize.the

fact that doctors and nurses are very careful and cautious

people but I think we have to be concerned not only about the

doctors and nurses but by the people who are going to receive

the treatment. So I think maybe we ought to hold it, Senator,

until there is less controversy or until we :ll are on the same

wave length about

PRESIDENT:

We.eosenator Graham.

.SENATOR GRAHAM:

Mr. President,

Senator Partee. If

I will be glad to do that: Mr. President,

nothing else, we did make by this conversa-

tion which I apclogize for weîve made us aware of the fact that

this bill is now pending and the amendments have been adopt/d

and if any gentleman on this Eloor oç lady has a recommendation

that would strengthen this bill 1.11 hold it...I welcome your.

criticism, constructive criticism, but don't wait 'til we .call

it on Third Reading and al1 of a sudden say, ''There's something

I want to doo'' Now, werre holding ik. You have an oppcrtunity

to do We welccme your cdnsideration.

PRESIDENT:

The bill will be held. We have a couple of procedural

motions we have to take care of before the Senate recesses here.

Senator Dougherty on House Bill 2346. You wish to make your

motion to suspend the rules.

SENATOR DOUGHERTY:

I'd like to move to suspend the rules for the purpose of

discharging House Bill 2346.

PRESIDENT:

Suspend the rules for the purpose of taking from the Table.

SENATOR DOU/HERTY:Taking from the Table, that is correct.

24

PRESIDENT:

House Bill 2346. This was the matter that was discussed

before. The Secretary will call khe roll. House Bi11 2346.

Motion is to suspend the rules to take from the Table. It was

discharged...it was Tabled in the motion that was made.oothe

general motion last.weeko'.

SECRETARY:

Arringtonz Baltz, Berning, Bidwill, Bruce, Carpentier, Carrollr

Cherry, Chew, Clarke, Collins...

PRESIDENT:

Senator Clarke.

1.

2.

3.

4.

5.

6.

7.

8.

9.

l0.

11.

12. SENATOR CLAQKE:

Mr. President, this is a procedure that I think that we

ought to look at carefully wikh the first bill because we could

spend an awful 1ot of time on the Floor voting cn this type of

motion hencefarth. As I understand it# thère wère about l0C

bills that were left in committee with the Tabling motion that

we adopted the end of last week. Now, the staff of ihe Democrat

and Republican side have been going ovber the bills in committee

to try and identify which fall into the four exempt categories.

Of course, it's easy to tell Appropriation and Revenue bills.

Itîs not so easy to identify necessarily what is constitutional

implementation and what might be termed an administration measure.

Now, there are a good many other bills that individuals might

have an interest in and I think itls well worth asking why these

bills weren't called in ccmmittee prior to the deadline because

the deadline was set way back months agc and whether we want to

clutter our calendar up by and take our time in this last week

going through this procedure of voting separately on each in-

dividual pet bill that they want to put back on the calendar.

I happen to think this bill has some merit but I don't think

it warrants our time in the last two weeks. And I'm going to

vote no.

14.

l5.

l7.

l8.

l9.

20.

21.

22.

24.

25.

26.

28.

29.

3l.

32.

33.

25

1.

2.

SECRETARY:

Collins, Coulsonr Coukse,

Egan, Fawell, Gilbdfty Grahémf

Hyne/, Johhs, Knue/fe,, Knuppelf

Dqvidson, Donnewald Dougherty?! .

4.

5.

7 .

8 ..

10.

l1.

l3.

14.

l6.

l7.

1P.

19.

20.

21.

22.

23.

24.

26.

27.

28.

30.

3l.

32.

Groe/, Hall, Harrisf Horsleyr

Kosimskâ, Kusibab'j Latherow,

Lauqhlkn, Lyons,. McBkooh? Mccarth#f Merritt, Mitchlerp Mohrf

Neistein, Newhouse, Nihill? QêBr&eh, Ozinga, Palmery Parteer..

PRESIDENT:

Sehator Partee.

SENATOR PARTEE:

+hi'nk you wouldnlt hdve to be around here more than 5

minutes' to khow thàt I reélly revefe Senator Douèhérty. He's

onà of khd hérdes't wo'rking , most khowledgeable men in +h3' s

Legislature. And I héte to see him being put in a position like

ehs's because as I look 'at the bill I can tell that the spons tr

J'.'A thé House J.'s f rozn his dist-rict and. he wants to help him,

can understand that. Nowf. Senator Clarke is exactly right. We

tabled a11 these bills i'n com ittee'o' Ncwy we @ re goâng to go

through roll call after roll call krying to resurrect +hings

hhnt hdve only selfvaggrandizing purposes, bills that have been

tntroduced way last April whick are reaching us here the last

two weeks of thd Session, I think wel're going to be haking a

mistake. The mefit of the bill notwithstanding. I find that I

have to vote no if welre going to have any semblance of reality

and judgment here. No.

SECRETARY:

nock, nomanoe Rosander, Saperstein, Savickas, Smith' Soper,

Sours, Swinarski, Vadalabene, Walker, Weaver.

PRESIDENT :

Horsley , no. Lyons , no . Knuppel , no . Nihill , no . On that

uestion the yeas are The nays are 13 . The motion havingq

f ailed to receive the necessary 35 votes is declared def eated .

Senator Carroll .

SENATOR CARROLL :

26

1.

3.

4.

5.

W@ll, Mr. P/esident, I'm not positive what the right motion

is but this is the bill that I talked about earlier this morning,

House BiQ1 179 that I understood I got permission last week to

have the six-days rule be suspended and be heard in the Conser-

vation and Agriculture Committee with the other series of bills

last week. The bill was not heard and I would like.o.and I under-

stand it was Tabled and if that's the case, T'd like whatever the

proper motion is..whave it removed from the Table and put on the

Order of Second Reading.

PRESIDENT:

For the clarification of the Chair, is this considered by

the leadership an administration bill? It...if it...senator

Carroll indicates that it is an administration bill. In that

eœnt, it was not Tabled by khe rules and then the simple motion

to discharge fror eommittee is in order. Is there objection?

Leave is granted. Senator McBroom was off the Floor when 1425,

Senate Bills on Second Readin'g came up. He would like Eo hav:

that advanced from Second to Third Readingk 1425.

SECRETARY:

Second Reading of the bill. One committee amendment from

Appropriations.

PRESIDENT:

Senator McBroom moves the adoption of the committee amend-

ment. A11 in favor signify by saying aye. Contrary minded. The

amendment is adopted. Any further amendments? Third Reading.

Senakor Parkee.

SENATOR PARTEE:

The hour 1:00 having arrived, Mr. President, I'm going to

move that we go ânko a commiktee of the whole for the purpose of

considering the Election Laws Commission bill. We had set it

for 1:00. We'd like to start at 1:00..

7.

8.

l0.

ll.

12.

l3.

14.

15.

16.

l7.

l8.

19.

20.

2l.

22.

23.

24.

26.

27.

28.

29.

.30.

3l.

32. PRESIDENT:

And the motion is that we recess until 3:30. The motion that

27

.. v. . ' . ' . . . ' ' ' . ; . t . ' . . . k ; z ' ; ' .'' *,.2 ' ' ' 'i - ' ''' ' ' ' : .'- ' ' ' ' '' ' ' -- ' ' ' ' ' ' ' ' ' 'g. t . : .. :.- . 1 -.:& . :. r -u ;$. :? . J .. 27 ; . . . . h ? . D c c rF.. .7 ' c. . .. : r . Lt . ;> ' ; ).t . I ,' e c& .. . . . . o -57 -è (r . ' ' rk'. r ' . ; , . .1 . . . . . . . .. . i. . . , . . '.

1. .the Senate stand in recess until 3:30. Sdhator Berning.

2. SENATOR BERNING:

a. . Well, Mr. President, I just want to inquire. We were on

4. the point of motions a moment ago and I was wondering if this

5. would be the appropriate time to take the motion on House Bill

6. 2791 which I have filed for Senator Harris just to have it

7 accepted with leave to argue. - .

8. PRESIDENT:

9 We'11 get to that when we reconvene.

lc ' SENATOR BERNING: .

11 Thank you. .

l2.

la . Senator Merritt.

14 SENATOR MERRITT:

15 Mr. President, I know that the committee of the whole will

6 be meeting here on the Sengte Floor . Is that correct?l . .

PRESIDENT: 'l7.

.. . '' . That is correct.l8. . .

SENATOR MERRITT: 'l9.

Then where does the Appropriations Committee meet immediately '20. .

following adjournment?21. ,

PRESIDENT:22.

Senator Lyons. The question about when and where Appropriations23.

' will be meeting. Senator Partee. .24.

SENATOR PARTEE: '25.

Wedre coming back inEo Session at 3:30 and the Appropriations26.

will meet immediately after the adjournment of the Session.27.

PRESIDENT: .28.

Motion is that the Senate...senator Lyons.29. .

SENATOR Lyous:30.

As Senator Partee says, it is contemplated that there wi11...3l.

well, first, it is contemplated there will be a'meeting of the32. .

Constitutional Implementation Committee immediately following33.

28

2.

3.

5.

6.

8.

9.

ll.

12.

14.

15.

l8.

l9.

20.

21.

22.

23.

24.

25.

26.

adjouxnment. After khat there will be a meeting of the Appropri-

ations Committee, both meetings on the Floor. So the quicker

we get through here today, the quicker welil get to bèth of

those committee meetings.

PRESIDENT:

Motion that the Senate sEand in recess until 3:30. Committee

of the whole will meet immediately. Senator Graham.

SENATOR GRAHAM: '$

I should like to ask Senator Lyons a ques.tion if I might.

Senatorr on Corrections appropriations billy we have that same

group of highrpowered, high-salaried witnesses experts that are

going to be over here today to testify in behalf of their bill.

Is there any way you can give me àny indieation what tile ' this

bill might be heard so we can avoid these fellows sitting over

here when they ought to be over in the Armory doinq some work.

PPSSIDENT:

Senator Lyons.

SENATOR LYONS:#

'

Well, I don't know that there are any more high-powered than

the members of the Senate, Senator Graham, and we will get to them

as soon as we can. We have many other departmental appropriations

that are on the agenda for today and indeed every day and they

send a1l kinds of high-powered people over too and everybcdy wants

to be first. As we know, not everyone can be first. We will get

'to them as soon as we can. Just like we will do with a11 the

rest of them.

PRESIDENT:

until 3:30. A1l in favor

signify by saying aye. Cantrary minded. Senate is in recess.

(SENATE RECESSES FOR A MEETING OF THE COMMITTEE OF THE WHOLE)

PRESIDING OFFICER: (SENATOR PARTEE)

The Sèssion has now reconvened. This is a violation of

the ru:es but at least 15 kimes today Senator Cherry has asked

Motion the Senate stand in recess28.

29.

31.

32.

33.

29

1.

2.

4.

5.

7.

8.

l0.

l1.

12.

13.

14.

l5.

me to introduce his nephew who pitched a two-hit game the other

night, Senator Cherry, woûld you take the mike while we are

assembling the rest of us.

SENATOR CHERRY:

Yes, Mr. President, there are two youngsters as I said to

you that are members of the San Eernando Valley College team

which are going to play their championship game in the World

Series' College tonight at Lanphier Fieldy my nephew Jeff Cherry

pitched a two-hitter last night which put khem into this World

Series and he's here with his teammate, Jay Robertson. I wcnder

if they'd rise and be recognized by the Senate.


Senator Cherry's nephew is the one'wikh his shirt the same

color as his uncle's hair. Would you ring the bell, Mr. Sergeant-

at-Arms?

SERGEANT-AT-ARMS:

l7.

l8.

19.

20.

21.

22.

A1l persons not entitled to the Floor, please retire to

24.

25.

27.

28.

29.

30.

3l.

32.

the.gallery.


At the close of the Session, Senator Berning was making

a motion. You desire to pursue thak, Senatcrr

SENATOR BERNING)

Thank your Mr. President. On behalf of Senator Harris I

would like to file the motion which is on the Secretary's Desk

asking that House Bill 2791 be taken from the Table and leave

to have it argued at a later date when Senator Harris returns.


The motion has been filed. Leave to arghe at a later date.

Any objectiona so ordered. senator Graham, are you going to hold

1571 maybe till tomorrow or later Pine. 1584, Senator Hynes.

1589, Senator Dougherty. 1595, Senator Gilbert. For what

r ose does senator Donnewald arise?pu p .

SENATOR DONNEWALD:

30

1.

2.

4.

5.

7.

8.

* 1.

Mr. President, I movb that we recess very briefly for a

Rules Committee meeting which will last approximately -10 minztes

followed by a Democratic-ycaucus on the sixth floor which will

l t about another 15 o'r 20 minutes.as


And then welll come back to the Floor at 4:00. So wedll

recess until 4:00.

(SENATE RECESSES)

PRESIDING OFFICER: 'ISDIX TOX' PARTEE)

Senate was called to order. Where are we? House Bill 2683.

House Bills on Third Reading. Senator Graham.

SENATOR GRAHAM:

Mr. President, welre still working on some amendments for

a meeting at 8:30 in the morning. I hope to God we get them

settled so I can call these bills and get them out of here.

But wedll pass them for today.


House Bill 3068, Senator Hynes. Senator Hynes, if you'd

hold it just a minute, there are two young men on the Floor of

the Senate. I1m given to understand one's name is Thomas Laughlin,

son of Senator Laughl.in,-mnd his friend, Grover Hinckens, both

of whom are seniors inolhe University of Illinois Law School.

I'm not going tc introduce them but I would like for them to stand

so that you could see what they look like. That's because we

don't introduce people here, sir: we want you to know that.

Senator Hynes, is he here? 4109, Senator Egan. 4123, Senator

Sours.G

SENATOR souas : ''- n .

have one befoTe $lzài', senator.t 4 :' /'f

'

>

0 XTOR PARTEE)PRESIDING OFFICER: (SEN..:. lNot on the prio#it' list, you don t.

. J .

SENATOR SOURS:

Well, I certainly am.not going to deter anything when I'm

l0.

1l.

l3.

14.

l7.

18.

19.

20.

2l.

22.

23.

24.

26.

27.

28.

30.

3l.

32.

31

1.

2.

5.

6.

ahead.. That bill originally had an appropriation, we took it

off, that simply creates the Bi-centennial Commiksion. That

is all it does.


Any further debate? Roll call.

SECRETARY:

Arrington, Baltz, Berning, Bidwill, BruFe, C:rpentier, Carroll,

Cherry, Chew, Clarke, Collins, Coulson, Course, Davidson, Donnewald,

Dougherty, Egan, Fawell, Gilbert, Graham, Groen, Hall, Harris,

Horsley, Hynes, Johns, Knuepfer, Knuppel: Kosinski, Kusibab,

Latherow, Laughlin, Lyons, McBroom, Mccarthy, Merritt, Mitchler,

Mohr, Neistein, Newhouse, Nihill, O'Brien, Ozinga, Palmer, Partee,

Rock, Romano, Rosander, Saperstein, Savickase Smith, Soper, Sours,

Swinarski, Vadalabene, Walker, Weaver.


Berning, aye. Palmer, aye. On this question the yeas are

The nays are none. The bill having received a constitutional.

majority is declared passed. 4154, Senator Cherry. Senator. '-e

Cherry. In the Donnewald Session.

SENATOR CHERRY:

Yes, Mr. President, House Bill 4154 is for the expenses of

the Board of Trustees of the Judges' Retirement System. I don't

know of any cpposition to this bill and I would appreciate your

favorable vote.


Any further objection.p.any further debate? Call the roll.SECRETARY:

Arrington, Baltz, Berning, Bidwilly Brucq, Carpentier, Carroll,

Cherry: Chew, Clarke, Collins, Coulson, Course, Davidson: Donnewald,

Dougherty, Egan, Fawell, Gilbert, Graham, Groen, Hall, Harris,

Horsley, Hynesy Johns, Knuepfer, Knuppel, Kosinski, Kusibab,

Latherow, Laughlin...


8.

9.

11.

l2.

l 4 .

15 . .

l7.

18.

l9.

20.

2l.

22.

24.

25.

27.

28.

29.

31.

32.

33.

32

Senator Laughlin.

2.

3.

4.

5.

6.

10.

ll.

l2.

l3.

14.

15.

16.

SENATOR LAUGHLIN:

I just want to clear up one thing, Senator Cherry. This

hasn't anything to do with the funding of the Retirement System.

This is purely for the expenses of operating the system, is that

not râght? Aye.

SECRETARY:

Lyons, McBroom, Mccarthy, Merritt, Mitchler, Mqhrr Neistein,

Newhouse, Nihill, OlBrien, Ozinga, Palmer, Partee, Rock, Romanop

Rosander, Saperstein, Savâckas, Smith, Soper, Sours, Swinarski,

Vadalabene' Walkerr Weaver.

.PRESIDING OFFICER: (SENATOR PARTEE)

On this question the yeas are The nays are none. This

bill having received a constitutional majority is declared passed.

4156, Senator Saperstein.

SENATOR SAPERSTEIN:

Mr. President, 4156 and 4366, l think, are companion bilis.

PRE/IDING OFFICER: (SENATOR PARTEE)Let's make sure. Let's make sure. 4366?

SENATOR SAPERSTEIN:

4156 and 43...oh, what is it? 67...1*'t me find


18.

19.

20.

22.

23. Yea, it's 4366.

25.

26.

SENATOR SAPERSTEIN:

4366: yes.

PRESIDING OFPICER: (SENATOR PARTEE)

Are these companion bills?

SENATOR SAPERSTEIN:

Well, they go together. One has to do with...one has to do

with the public schools accepting these children and the other

has to do with permissive uith legislatâon making it possible for

them to go into private schools the public schools do not have

services so that...

28.

29.

30.

32.

33.

33

.. . /N. .. 7

3.

4.

6.

7.

8.

9.

10.

l2.

13.

l5.

16.

l7.

l8.

19.

20.

22.

23.

24.

26.

27.

28.

29.

'30.

3l.


Do you desire to take khem on one roll call?

SENATOR SAPERSTEIN:

We will take them...each one separately but...


Is there any objection to taking these two bills on the

same roll call? 4156, let's go. 415.6.

SENATOR SAPERSTEIN:

All right. These bills came'about...


This bill...I'm sorry, Senator. Go right ahead.

SENATOR BAPERSTEIN:

That's a11 right. Mr. President and gentlemen, in the

last Session of khe Legislature, we provided that severely handi-

capped children...


Let's have some order, please.

SENATOR SAPERSTEIN:

. . .that severely handicapped children may go Eo private

schools if the local school district does not have services f or

them. These are severely handicapped children . It also' provided

that local school districts will be responsible for payment up

to $600 f or the tuition and that the State would pay the rest .

Tlney ncw have agreed both the private . . .well , the public school..J

that they will make it mandatory because the public school would

like to accept this responsibility . However , where the public

schools still do not have these services this makes it mandatory

they can go to private schools to receive the same rate of 1 it on.

There have been some agreements...not some: but there have been

agreements between the Department of Special Education because

as some of you know the public schools want an opportunity to

develop these services for the severely handicapped children.

urge your support of these two bills.33.

34

1. PRESID'ING OFFICER: (SENATOR PARTEE)

Senator Carroll.

SENATOR CARROLL:

Mr. President, 4156 is not in my book and I hear a couple

of the other gentlemen here that said it's not in their's. I

wonder if we can get some copies of it.


Will the Page get some copies of 4156 for those whc do not

have them? Senator Baltz.

SENATOR BALTZ:

Senator Saperstein, would you yield to a question or two?

As I recall these bills being heard in education, the premise

was that a1l children are entitled to an educationz If it can't

be handled in the public schools, it could be handled and can

be handled in the private schools, it' should be. And as I recall

it, these bills did not increase the amount of money that was

necessary to be spent or allocated. Is this correct?

SXNATOR SAPERSTEIN:

Sir, no, there would be an increase abouf less than $2

million to take care of these children.


Senator Baltz.

SENATOR BALTZ:

Yea, recall that ncw. There Were number of these bills.

This one did take another million or two to do the job. As I

recall it, the committee was unanimoys in the approval of these

bills. I would reccmmend that we support qthis with an aye vote.


Senator Laughlin.

SENATOR LAUGHLIN:

Mr. President, members, I simply want to correct Senator

Baltz. The committee was not unanimous if was the Senate

Education Committee and I was on it and I was there and voting

3.

4.

5.

6.

7.

8 '

9.

l0.

ll.

13.

14.

l6.

l7.

l8.

20.

2l.

22.

23.

24.

26.

27.

28.

30.

31.

32.

35

f U- U- UG

1.

2.

3.

4.

5.

6.

7.

8.

9.

l0.

l1.

12.

. . tbecause I don't know why we should mandate this program.


Any further debate? Senator Knuepfer.

SENATOR KNUEPFER:

Yea, I've got a couple of questions on this. Senator. I

thought a1l of our school districts were mandated to provide

special education.


Senator Saperstein.

SENATOR SAPERSTEIN:

What...you are correct. We did this by House Bill 1409.

However, these are the severely handicapped children, Senator

Knuepfer, and do not fall into the category of the educable

or trainable.


Senator Knuepfer.

SENATOR KNUEPFER:

. Are you talking about the severely mentally handicapped that

are frequently handled out of Dixon and Lincoln, are they not?


Senator Saperstein.

SENATOR SAPERSTEIN:

No, I didn't say...I didn't say... you said we had a mandatory

but that had to do with a11 handicapped children but in the men-

tally ill, it's only for the educable or the trainable. And

wherever the physical handicapped or the 'socially handicapped...

PRESIDENT:

Just one minute, Senator. Sergeant-at-Armsr would you get

some quiet here, please, and take everybody off the Floor who

does not belong on the Floor. Continue, Senator.

SENATOR SAPERSTEIN:

Thank you. For all handicapped, these are the mentally

or the physically the socially maladjusted and the...this is

14.

15.

l6.

l7.

l8.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

31.

32.

33.

36

. &

'

'

1. absolutely correct. But these are the severely handicapped chil-

2. dren. Now, I do want to tell you that Illinois has a-veryaz.the

3. finest and most complete program for the handicapped children

4. and these two bills, I believe, complete the circle for a11

5. categories of children, the normal and the handicapped.

6. PRESIDING OFFICER: (SENATOR PARTEE)

7 Senator Knuepfer. -'

j8. SENATOR KNUEPFER:

9 I don't think you are answering my question. Sevqrely mentally

l0. . handicapped are generally people who are institutionalized in

11. this State. Now, does that mean we#re going to send them out

12 of the State institutions and send them to private séhools in-

la. stead. That's number one. Number two, while youîre a/swering

14. Ehat, also answer the question that in the severely mehtally

15 handicapped these are people who are probably going to need

16 educaticn for the rest of their life. How long does this con-

tinue? These are not people whc advance frcm one gradi to another.l7. .. :

18 PRESIDING OFFICER: (SENATOR'SAPERSTEIN)

19 I believe if I were to interpret that no life edujational2o paitern goes on forever. That when any school district decides

that they have done as much as they can that they will'be released.21.

22 There is no'life pattern for education in the State of Illinois.

23 PRESIDING OFFICER: (SENATOR PARTEE)

24 Senator Knuepfer.

SENATOR KNUEPFER:25.

Senator, 1'11 try once more. I'm not...maybe I'm just asking26.the question in an awkward way. I'm not sure but most of these27

.

children, it is my understanding, are institutionalized at Lincoln28.

:or Dixon or one cf our zone centers. Now, are you proposing...29.

they're not going to our private...theydre not going to our pub-30.

lic schools. There are very few private schools available for31. ,

' aa them. Thevdre institutionarized and what education th'ey get at

Lincoln or Dixon or the zone centers, I don't know but is this bill33.

' 37

2.

3.

5.

6.

8.

9.

l0.

11..

12.

l4.

l5.

l6.

18.

19.

20.

2l.

22.

23.

24.

25.

26.

28.

29.

proposed taking them from Lincoln, taking them from Dixon and

sending them to schools?

PRESIDING OFFICER: (SENATOR JOHNS)

Senator Saperstein.

SENATOR SAPERSTEIN:

These two bills have to do with the handicapped child who

does noto..is not eligible or does not need to go to an institu-

tion. I think this is cne of the things that we ought to be

impressed uith. That these children can remain' at home pro-

vided we give soae kind of educational and traâning experience

for Ehem. They don't have to cost the Skate the $15,000 they

might cost in an instituticn. They can be cared for living at

home and yet receiving some services to whieh they are entitled.


Senator Ozinga.

SENATOR OZINGA:

If I can just come to Esther's aid here for just a littl:

bitr This has nothing at all to do with the sericusly mentally

handicapped child in any way shape or form. These are in Cen-

tralia, they are in Harrisburg, they are in Dixon, they are in

Lincoln. They are being taken care of there' . This has to do

with the educable handicapped child. We mandated the educational

ânstitutions across the State that they were to provide a school-

room and a teacher for handicapped children. Period. Now, what

this bill' actually does it takes away the privilege of giving

that child an education in that local school. It allowed them

tovgo out and contract for the education qf these children out-

side of their own premises. Now, what this bill does, it makes

it mandatory to pay not more than $2,000 for each child to be

educated that is a handicapped, educable child per year.


Senator Knuepfer.

SENATOR KNUEPFER:

32.

33.

38

1.

3.

4.

5.

6.

7.

8.

1. don't want ko get hung up on definitions and I'm not

trying to abuse this Chamber's time, but when the sponsor says

it's for the severely mentally handicapped and you say it's for

the educable mentally handicapped, there two different categories.


Senator Baltz.

SENATOR BALTZ:'

Wellz Mr. President and members of the Senate, just minute

here. Mr. President...


For what purpose does Senator Chew arise?

SENATOR CHEW:

I believe it's a rule in this Senate that one tember cannot

speak twice on the same bill until al1 the other members have

spoken.


I'm sorry. wasn't up here just a moment ago when Senator

Baltz spoke and he is now answering Senator Knuepfer's question.

Senator Neistein.

SENATOR NEISTEIN:

10.

ll.

l3.

14.

l6.

17.

l8.

20.

21.

22.

23.

24.

25.

26.

27.

28.

I'm gonna ask a point of order. About a week ago or two

weeks ago, we received a list of prioriky bills. Is this one

of those priority bills?

PRESIDING OFFICERY (SENATOR JOHNS)

Yes, it is.

SENATOR NEISTEIN:

And have we got another list of uncontroversial bills?


We'll check...

SENATOR NEISTEIN:

Well, youCre the President. I can't address my query to

anyone but you and I think I deserve an answer.


30.

31.

32.

39

2.

3.

4.

5.

6.

8.

9.

l0.

ll.

l2.

13.

15.

l6.

l8.

19.

20.

22.

23.

25.

26.

28.

29.

30.

32.

33.

1 : ' ' '; '' -- . a ) . .? ..

T#m sorry, Senator Neistein, T don't have that answer. T

don't have that answer I'm sorry to say.

SENATOR NEISTEIN:

Will you talk into the microphone? Don't mumble, I canlt

hear you.

PRESIDING OFFICER) (SENATOR JOHNS)

Yes, I will talk into the mike. I'm not mumhling.

SENATUR NEISTEIN:

What did you say?


Senator Groen. Senator Rosander.

SENATOR ROSANDER:

I would like to ask the sponsor a bill. As I understand it,

the 2,000...


Senatcr Baltz. Pardon me, Senator...

SENATOR BALTZ:

Unless it's a matter of personal privilege, I think '1

should 'have


You have khe Floor k.o answer the question .

SENATOR BM TZ :

Yea ê I have the Floor . The bill does . . .only changes onea

word in two places . It ahanges it f rom ''may'' to ''shall. '' The

State can pay a nonpublie schocl now f or this service if the

public schooi does not provide this education f or this child .

The bill simply says it shall pay a nonpublic school if the

public school ean't provide the service. It's as simple as that.

The State can do it now. The bill says they should do if the

public school ean't do iE. That's a11 there is to the bill.

That's all there

PRESIDING OFFICER: (SENATOB JOHNS)

Senator Sours.

40 i

. : . . . . . r. . . .. . .a , . . . - - . . . .. . . ,. . - . ...7 t. J . . c.- , . . . . . v . . . i . . . . . ' k . k . . . . ' . - . . .. . . q : .' - . .. . , .. ! , ,. ..k ...

1. SENATOR SOURS: '

2. I have a question ko the sponsor. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR JOHNS) '3.

4 .Wil1 thevsponsor yield? Yes, she will. Senator Saperstein.

XTOR SOURS: '5. SEN

6. Senator Saperstein, how many years we talking about? Are

7. we talking about the classical or convention-al eiiht years ofa. grade school or will these tutelages continue on indefinitely

9. until say the trainee or the studént will be 25 and 30 years old.

1c. I think there ought to be some limit to the obligation of the

11 taxpayers in this case.

12 PRESIDING OFFICER: (SENATOR JOHNS)

13 Senator Saperstein.

SENATOR SAPERSTEINZ '14.

I am sure that the inter/retaticn' of this bill if you15.

' 16 ' question the bill as it is' written would mean the traditional

eighk years and 'if the child can go ahead it means the four17. .. .

18 yea: high school, and may I while I'm on my feet tell you that in

19 the last Session we passed 2671, House Bill 2671 which permitted

2: the educational opportunity for specially handicapped children

a1 such as the brain damaged child for whom we do not up to that

ag time we did not provide educational opportunity. And what this

bill does, as Senator Baltz explained, just chanqes a ''may'' to23.

''shall'' and it changes no other provision in the educational '24.

program for the handicapped child.25.

PRESIDING OFFICER: (SENATOR JOHNS) .26.

Senator Hynes. For what purpose does Senator Rosander...27.

Senator Sours...28.

SENATOR SOURS:29. . .

I hadn't finished.30.

PRESIDING OFFICER: (SENATOR JOHNS)3l.

Thank you. .32.

SENATOR SOURS: .33.

. 41.. ' l

1.

3.

4.

6.

7.

8 ..

9 .

l0.

12.

l3.

15..

16.

Senator, in' changipq the verb from ''may'' to ''shall/d you

make precàtory, I mean you change it from something that's

precatory to something that is absolutely mandatory. So there

is a vast difference. Now, I still would like an answer. How

many years are we going to spend $2,000 a year on John Smith,

a retarded child.


Senator Saperstein, Senator Gilbert would like to respond

to-that question if he may. Would you yield to him? A1l right.

Senator Gilbert.

SENATOR GILBERT:

Senator Sours, at the present time for the handicapped we

take care of them from three to twenty-one. It'd be my inter-

pretation that this bill would comply with that: make it mandatory

where it is now ''mayo''

PRESIDING OFFICER: (SENATDR JOHNS)

Senator Sours.

SEN:TOR SOURS:Then we are talking about a maximum df 18 years times 2,000,

or $36,000 per capita, is that iE?


Senator Gilbert.

SENATOR GILBERT:

18.

19.

20.

22.

23.

24.

25.

26.

I believe youlre correct, yes. That's possible. It doesn't

mean that they will a11 stay there that long but I think that the

way the law is now worded they would be entitled to.


I believe Senakor Hynes is next on the list. Senator Palmer,

what oceasion do you arise?

SENATOR PALMER:

I would like to move the previous question.


Hynes had Ehe Floor, sir. Senator Hynes.

28.

29.

30.

32.

33.

42

1.

2.

4.

6.

7.

9 ..

1 0 .

12.

l3.

l5.

l6.

l8.

19.

20.

22.

23.

25.

26.

28.

29.

30.

3l.

32 .

33.

SENATOR HYNES:

Mr. President, members of the Senate, very briefly, this

bill is not al1 that complicated. Presently under the School Code,

local school districts are mandated to provide classes in special

education for handicapped children. In many school districts:

the facilities are not adequate to provide those classes and

therefore the Legislakure in its wisdom in 1-969 pissed legislation

which provided for a reimbursement from the State to any child

who was forced to go to private fàcilities because his school

district did not provide the education required. It': a $2,000

reimbursement, 600 from the local district, $1400 from the State.

Now, as the 1aw was originally drafted, it provided that the

local school district may...may certify this child for reimburse-

ment. As a result of this discretionary language, problems

have developed in some districts about a reluctance to certify

for one reason or another'and therefore some children have not

been given the certification and as a result have not received a

tuition reimbursement to which they were entikled. This bill

simply says that a school district must do it if it does not

have the facilities available. Now, the cost involved is this.

There.are only 2500 children, it is estimatedr in the State

that would be affected by this and the total cost to the State

is approximately $4 million a year which will be a constant matter.

There is no budgetary effect in this fiscal year as it does not

+ke effect until next. So the bill simply plugs this small gap.

We have debated at length the basic program involved here and

the Legislature decided that it was a desireable program and

whcleheartedly concur in that decision. This bill simply is the

last link in that program to protect those few children who

have run into a problem with local certification.


Senator Gilbert.

SENATOR GILBERT:

43

2.

3.

4.

5.

6.

8 '.

9 .

11.

12.

l4.

15.

Well, Senator Hynes has touched on most of the matters

that I'was going to point out. I think this bill will it is

estimated an additional two million one when it does take effect

based on the number that are not now being taken care of. But

I would point out that if scme of these severely handicapped

and this is the severely handicapped and the subtrainable that

are consideâed by this bill, if these pqople- can be taken care

of in this matter instead of having to send some of them to

our institukions, you're going..mlf youdre just going to lookat it from a.dollar and cents standpoint, itis going to be a

lot cheaper, it's going to be a lot better for that child, to

be in his home and transported to some nearby school than to

have him ak one of our State institutions where I think it takes

about $7,000 a year to maintain a child.

PRESIDTNG OFFICER) (SENATOR JOHNS)

Senatcr Chew.

SENATOR CHEW:

Thank you, Mr. President and gentlemen of the Senate.#

'

.

think Senator Gilbert has really hit the nail on the head because

the children that we have now in the inskitutions certainly cost

the State much more than say $2,000 and scme transportaticn.

Webre not talking about giving allowances for food, clothing and

etcay'rent and the cost of the institution. We're merely talking

about the State paying say $1400 as Senator Hynes has brought

out for that child. If that child were admikted to an institu-

tion then wedre talking about eight or nine khousand dollars for

the constant care that musk be given and again if we're talking

about dollars and cents no one should deny this bill its approval

because in a sense it's a savings to the State. That same child

that we decide not to pay this moiies for education could very well

be admitted to an institution' and we would be compelled to pay it.

T think it's an excellent piece of legislation and I support it

a hundred percent.

l7.

18.

l9.

20.

21.

22.

24.

25.

27.

28.

29.

30.

3l.

32.

33.

44

1.

2.


Senator Rosander.

SENATOR ROQANDER:

Well, at this point 'l don't have a question because senator

Hynes answered the question that I had.o.or questions that I

had in mind. But I do want to say this, that many times legis-

lation has been enacted here by the General Assembly that has

forced. the school distric:s into various programs whlch they were

unable to finance themseives and I'm certainly glad to see that

at least in this bill they do make provision f or reimbursement .

Ehink this adds to the merit of the bill itself .I

PRESIDING OFFICER: (SESATOR JOHNS)

Senator Palmer . . .is recognized .

SENATOR PM JMER :

I move the previous question .


Palmer moves the previous question . Al1 those in f avor

say lye. Opposed. Ayes have it. Senator Saperstein may close

the debate. I'm sorry, Senator Partee.

SENATOR PARTEE:

4.

5.

7.

8.

10.

1l.

12.

l3.

l4.

l6,

17.

l8.

l 9 .

2 0 .

. . .-J.1. . Roll call. Roll call.

22 .,., PRESIDING OEFICER: (SENATOR JOHNS)

aa Roll call? Secretary will call the roll please.

SECRETARY:24.

Arrington, Baltz, Berning...

PRESIDING OFFICER: (SENATOR JOHNS)26.' Senator Baltz. Pardon me, Mr. Secretàry.27

.

SENATOR BALTZ: 12 (1 . . . =

I think Senator Hynes gave an excellent explanation of this':.' );

because public school boards are mandated to do this job. If for30. y

some reason qthey f ind it . impossible , they may under the present3 1 .

law reimburse private institutions to do this. This bill simply32.

. :h 'says that they shallo..or the private institutions shall be done...

45

1.

2.

3.

5.

6.

8.

9.

1l.

12.

reimbursednfor this education. Now, I think weprç going down

to a real basic thing here. Any child regardless of its men-

tality as far as I am concerned personally that can receive a

little bit of education, a medium amount of education or a

great amount of education ought to in the United States of America

and in Illinois be entitled to whatever education that child can

absorb. I think this bill helps us to do thpt and I vote a

hearty. aye on this bill and hope that some of my colleagues will

föllow me.

SECRETARY:

Berning, Bidwill, Bruce, Carpentier, Carroll, Cherry, Chew,

Clarke, Collins, Coulson, Course, Davidson, Donnewald: Dougherty,

Fawell, Gilbert, Graham, Groen, Hall, Harris, Horsley, Hynes,

Johns...

PRESIDING OFFICER; (SENATOR JOHNS)

Pardon me# Mr. Secretary. Senator Hynes.

SENATOR HYNES:

Mr. President, members of the Senate, without belaboring

the issue there's one other point thought should be brought

out and I neglected to mention in connection with one objectionthat was raâsed. Therels another bâll pendi'ng on the calendar

which is in sense a companion to this bill 4366 and that bill

removes', I think, what may be one slight objection that was

raâsed earlier, namely, it gives an âncentive to the public

school distriet to start providinq this service so that there

are extraordinary circumstances involved and the public school

distrlct decides iE wants ko get into providing this service,

' the State will then rather than assisting the private school

assist the public school. I vote aye.

SECRETARY;

Johns, Knuepfer, Knuppel, Kosinski, Kusibab, Latherow.

Laughlin, Lyons, McBroom, Mccarthy, Merritt...


'1 4 .

1 5 .

17.

18.

19.

20.

21.

22.

24.

25.

26.

27.

28.

31.

32.

33.

46

1.

2.

3.

4.

Senator Merritt.

SENATOR MERRITT:

Mr. President, in briefly explaining my vote, I too among

others would like to commend Senator Hynes for his explanation.

I thfnk the real crux of this bill comes down to the fact that

we're not dealing with a child that would be in Lincoln or

Dixon. We are dealing with an educable child and that to me is

the real crux of it. I'm happy to vote aye.

SECRkTARY:

6.

7.

9.

10.

l1.

12.

13.

14.

l5.

16.

Mitchler...


Senator Mitchler.

SENATOR MITCHLER:

I'm trying to decide how I should vote on this on the basis

of one very important thing. And that is the fact that how

much Will this cost local school diskricts to implement. Can

someone give me an ansker tb that, Senator Gilbert or Senator

Hynes or someone?


Senator Gilbert would like for you to repeat the question

please, Senator Mitchler.

SENATOR MITCHLER:

The question, Senator Gilbert, is how much will this..gby

mandating this to the lccal school districts require them to

increase their budget ko handle khâs?


18.

l9.

20.

22.

23.

24.

25.

26.

27.

28.

29.

30.

Senator Gilbert.

SENATOR GILBERT;

They will be required to contribute $600 per student. The

State contrlbutes the 1400.

SENATOR MITCHLER:

$600 per student depeniing upon how many students they have.

Now this in addâtion to what they have their current budget32.

33.

47

2.

now would be a new mandated program to them: would it not?


Senator Gilbert.

SENATOR GILBERT:

Yes, at the present kime it's estimated that there are

prdbably 2500 state-wide that are eligible for this program

that the local school districts are not providing the care

for them.

SENATOR MITCHLER:

Would this not be an additional financial cost to local

school districts that has no additional funding by the State?

PRESIDING OFPICER: (SENATOR JOHNS)

6.

7.

j

9.

10.

l2.

l3. Senator Gilbert.

1 5

l6.

18.

l9.

20.

21.

22.

23.

24.

25.

26..

28.

29.

30.

32.

33.

SENATOR GILBERT:

I think that at the present time that is correct but

think that also that if it is not done you will find that some

of these people will become more expensive to the State in

o'ther capacities if they are subtrainable, severely handicapped

and cannot be kept at home without some of th'e training that

they would get in such a program. My daughter who teaches

special education or did teach it and taught mentally retarded

in khe St. Lcuis diskrict told me a number of years ago that

many of these children are slow learners, thak if they could

get some help and that's why last yexr I voted for the 3-year-

olds to receive treatment because sc many of them can have same

help and I think that you may be saving the State money in the

long run if you 1et these children sta# ak home and get what care and

treatyent they can get and help rather than Sossibly forcingthem to be put in other places where the eost would be much

greater to the State and the State'll get there money from the

local people whether it's directly or indirectly so I think

that trying to say that you're puttinq a burden on the local

district is not basis enough to be opppsed to this legislation.

48

ùEFzcER: 'tssuavon aoHNs)PRSSIDING

2. senator Mitchler.

3. SENATOR MITCHLER:

I appreciate that, senator Gilbert, the only thing is that

5* when an additional burden, a financial burden is placed on

6. school districts that is not made possible by additional funding

by the state then the budget of that school district has to

8. take from some other type of program they have to properly fund

9. that proqram and thak's something that I am opposed

10- Ppzszozxè oerzcsR: (sExAToR JoHus)11. senator Mitchler, would you conclude your remarks, please,

l2. sir the light's on.#

SENATOR MITCHLER:

14. zs the light on?

l5. PRESIDING oEFlcEaz (SENATOR JOHNS)

l6. ves, it is.

l7. SENATOR MITCHLER:

l8. . I wasn't lookinq up. I was referring to my notes and I

l9- couldn't see the light because I was referring to the notes

20. that I had before me here. So I vote no.

2l. sscRsTwav:

22. Mohr, Neistein, Newhouse? Nlhill, O'Brien? Ozinga? Palmer,

23. Partee, Rock, Romano, Rosander, Saperstein, Savickas, Smith:

24. soper, sours, swinarski, Vadalabene, Walker, Weaver.

25. PRESIDING oFFIcER: (SENXTOR JOHNS)

26. Latherow. senator Latherow, aye. Senator sours, aye.

27. senator Horsley, aye. Mitchler, aye. Senator Mitchler. vsenator Course,

28. aye. senator Davidson, aye. Graham: aye. Senaior Saperstein, for

29. what purpose do you arise? A11 right. Here We have it. The

11 call is 41 ayes. nays. Having reeeived the constitutionalro

3l. majority, the bill is declared passed. Senator Saperstein.

32. SENATOR SAPERSTEIN:

33. Move to reconsider.

49

1.

3.

4.


ZOVOS tO reconsider. Senator CheW to Table'. Al1 in favort

Al1 opposed. The ayes have it. Motion to Table. Senator Partee.

SENATOR PARTEE:

Next one in the series.


A11 right. That's bill number 4282 as pmended. All right.

4366. I beg your pardon. Is that correct? 4366, is that

correct? A1l right. 41 to 3. Ypufre welcome, Senato: Vadalabene

Call the roll please. 4366, call qthe roll please.

SECRETARY:

Arrington, Baltz, Berning, Bidwill, Bruce, Carpentier, Carroll,

Cherry, Chew: Clarke, Collins, cöulsonv Course, Davidson, Donnewald,

Dougherty, Egan, Fawell, Gilbert, Graham, Grcen, Hall, Harris,

Horsley, Hynes, Johns, Knuepfer, Knuppel, Xosinski, Kusibab,

Latherow, Laughlin, Lyons, McBroom, Mccarthy: Merritt, Mitchler,

Mohr, Neistein, Newhouse, Nihill, O'Brien, Ozinga, Palmer, Partee,

Rock, Romano, Rosander, Saperstein, Savickas, Smith, Soper, Sours,


PRESIDING OFFICER: (SENATOR JOHNSIHow am I recorded, Mr. Secretary. Aye? Al1 right. Latherow(

aye. Ozânga aye. Horsley aye. Horsley aye. Is that correct,

Senator Horsley? Right. Aye. Berning aye. Senator Berning.

On that vote, 4366, the ayes are 40. 'The nays 2. Having received

a majority, declared passed. Senator Saperstein moves to recon-sider. Senator Chew to Table. A1l in favor say aye. Motion is

Tabled. 4282. Senator Weaver. 4282. Senator Weaver.

SENATOR WEAVER:

Yes, Mr. President, members of the Senate, 4282 the...

creates the Illinois Small Businesé Purcha#ing Act. It allows

the Department of General Services to set aside certain purehases

for sr,zall..wto be bid on by small business. If'there are any

questions, 1911 be glad to answer them. If not, I'd appreciate

6.

7.

8.

9.

10 '

l2.

l3.

14.

l5.

16.

18.

19.

20.

22.

23.

25.

26.

28.

29.

30.

32.

33.

50

1.

3.

4.

5.

6.

7.

8 ..

9 .

l 0 .

12.

13.

l4.

l6.

l7.

l8.

l9.

20.

22.

23.

24.

26.

27.

28.

29.

30.

32.

33.

a favorable roll call.

PRESIDING OFPICER: (SENATOR JOHNSI

Any debate on this issue? Secretary'll call the roll.

BECRETARY:

Arrington, Baltzr Berning, Bidwill, Bruce, Carpentier, Carroll,


Dougherty, Egan, Fawell, Gilbert, Graham, Gnoen, Hall, Harris,

Horsley, Hynes, Johns, Knuepfer, Knuppel, Kosinski, Kusibab,

Latherow, Laughlin, Lyons, McBroopr Mccarkhy, Merritt, Mitchler,

Mohr, Neistein, Newhouse, Nihill, O'Brien, Ozinga, Palmerr Partee,

Rock, Romano, Rosander, Saperstein, Savickas, Smith, Soper, Sours,



Soper aye. Knuppel aye. Senator Laughlin.

SENATOR LAUGHLIN:

Yes, Mr. President, Senator Weaver, I haven't voted yet.

Would you yield to a question?

PRESIDING OFFICER: (SENATOR JOHNS)Senator Weaver, will you yield to a question? Yes, he will.

SENATOR LAUGHLIN:

Now, to what extent are bidders confined to the small business

people under here. read something in reading hurriedly khat

other bids from other non-qualified business shall not be con-

sidered. Could you sort of thumbnail it for me to tell me what

it does because I didn't catch ik if you said it when you pre-

sented the bill.

SENATOR WEAVER:

Well, Senakor' basically today Ehe directory isnlt...l have

the figures here somewhere that tell what percentage of State

purchase is now being awarded small business. I think it's

the neighborhood of 60%, 61.8% of the total volume for the pur-

1 belng awardedchases of commodity and equipment are present y

saall busïness. This is just basically statutorily sane to small

51

1.

3.

4.

5.

7.

8.

l0.

ll.

l3.

l4.

16.

l7.

18.

l9.

20.

2l.

22.

23.

24.

26.

27.

28.

29.

30.

31.

33.

business that we welcome you to bid on state purchases. It

could be..othere could be eertain items set aside àt #hè dis-cretion of the Director of General Services. Actually I

would doubt that we would get much more than 60 or 70% of the

state purehases bid and suecessfully by small business but...

d1d that answer your question or...

SENATOR LAUGHLINT'

The thing.o.the sentence, Senator, that got me 'and

haven't been able to read it and èomprehend it is the Departmentr

it ends up in Section 5, ''the Department shall reject 'àll'bids

and withdraw the designation of small bupiness set aside'' and

apparently there are certain times here when the bidding is

limited. Is this right or is this wrong? Are there times when

only businesses defined as small business can bid?

SENATOR FVAVER:

In certain categories, meanr should say that there are

certain sales volumes are in the bill but the, in actuality, the

Department may set aside certain areas where they require them

to be bido..they require bids from three businesses under a

cerkain volume of business or certain number of employees.


Senator Laughlin.

SENATOR LAUGHLIN:

Does this change the existing

business is concerned? To bidders.


Senator Weaver.

law so far as awarding State

SENATOR WEAVER:

At the discretion of the Director of the Department of

General Services or someone he directs to be this...do this

designating for him, he may say that these are set aside to be

bid by small business of Illinois. rather than to open it up to

multï-million dollar corporations. He has this discretion.

52

1.

2.

3.

4.

5.

6.


Senator Laughlin.

SENATOR LAUGHLIN:

Does he have the discretion now or does he get it under

this bill?


Senator Weaver.

SENATOR WEAVER:

He is taking this di scretion now but statutorily he does

not have it.


Senator Laughlin's concluded; Any further debate? Any

further questions of tie sponsor? Finish the roll call please.

Just a moment. Senator Berning has a question.

SENATOR BERNING:

Mr. President, and I suppose I'm rising on a point of

personal privilege since I havè voted but before the vote... '


You can't do it now, sir.

SENATOR BEXTING:

Before the vote is announced, I would qike to ask a question

because there's a serious doubt in my mind.


Would you like to explain your vote, sir? You voted already.

SENATOR BERNING:

Very well, I'd like to withdraw my vote and then explain my

vote by directing a question that has to do with the amended

section. I1d like to understand what is meant by Section 13! It

says, ''This act applies to purchases made under the State Printing

Contract Act and the Illinois Small Business Purchasing Act except

that in cases of conflict the provisions of the Printing Contract

Act and the Illincis Small Business Act shall govern.'' Ncw, how

can it do that? In conflict of what? And how can it apply if

8.

9.

10.

11..

12.

l3.

14.

l5.

16.

17.

l8.

19.

20.

21.

22.

24.

25.

27.

28.

29.

31.

32.

53

1.

2.

3.

4.

6.

7.

9.

10.

l2.

l3.

l5.

l6.

18.

19.

20.

22.

23.

24.

25.

26.

28.

29.

30.

3 2 '

33.

thereîs a conflict to b0th cf them? It seems to me that there

is a serious discrepancy in the terminalogy here. Well, I would

prefer to be voted present then, Mr....


Senator Berning wishes to be voting present. The ayes are

39.* The nays 2. And present 1. Is that correct, Mr. Secretary?

No. It is 36 yeas, 2 nays, 1 present. Having received a ma-

jority is declared passed. Senator Partee.

SENATOR PARTEE:

I understand that al1 persons have not been informed so

I'm making an announcement thak the Constikutional Implementations

Commitkee and khe Appropriations Committee meeking scheduled for

this afternoon have been cancelled. They will meet tomorrow

after Session.


Next bill is 4330. House Bill on Third Reading. 4330.

Senator Mccarthy. He desires t6 hold that. Next bill will

be gepate Bill on.-.House Bill on Third Reading, 4353 as amended.

Senator Mccarthy.

SENATOR MCCARTHY:

Yes, Mr. President, members of the Senatez I call the at-

tention to House Bills 4353 and 4354. I think I can explain

them as a package to you. What these bills are are statutory

re-enactments of the House Bills that passed the Legislature

last summer then were subjected to amendatory veto by the

Governor which came back here last fall and...


May we have some attention, gentlemen.

SENATOR MCCARTHY:

ified the Governor's action ono . .and we last fall then rat

these two bills. The reason that these bills were reintroduced

is because there has been some question as to the effective date

of the act and these bills spell out that these new bïlls shall

54

3.

4.

6.

7.

9.

l0.

ll.

12.

13.

15.

16.

l8.

19v

20.

2l.

22.

23.

take effect upon its becoming a 1aw which presumably would be

upon the Governor's signakure. If that was before July. 1 or

if it was...lt also provides in here in Section 2 which is the

last page of the act that any rights, obligations or actions

arising pursuant to this amendatory act of 1971 prior to the

amendatory date of this aet are preserved. That's a1l that

these bills do with the exception on.the Workmens' Compensation

Actf youRll notâce that there is an amendment there. And thatamendment provides...relates to the Black Lung'provision in that

it was changed from January 1 of 1973 to July 1 of 1973 in ac-

cordance with President Nixon's action of aboùt two weeks ago

of extending the Black Lung provision. I know of no opposâtion.


Senator Laughlin.

SENATOR LAUGHLIN:

Well, Mr. President, members, I just want to verify this

wâth you, Senator Macarthy. I don't râse in opposition. I j'ust

want to make real sure that I understand you, I think I do.

Someone advised me that there were other Workmens' Comp bills

in this body that were in committee that would have raised bene-

fits 251 or something like that. I was told, now, I don't know

this, if so, Just want to be sure that these aren't the bills

thak someone discussed with me.


Senator Mccarthy.

SENATOR MCCARTHY:

Yesy I...thank you, Mr. Presâdent. Thank you, Senator

Laughlin, for asking that question beeause it had been raised.

There were two bills whose numbers are the next two numbers.. y g yastThey had been assigned to Labor and Commerce an as o

Ffiday morning according to the motion of the Rulesom.in adopting

the change ïn the Rules Committee, those bills were, in my opi-

nion Tabled because they were not administration bills. So these

25.

26.

28.

29.

3l.

32.

33.

55

2.

3.

4.

are the only ones that are alive.

PRESIDING OFFICER: (SENATOR PARTEE)'Who is thatw Senator Gràham?

SENATOR GRAHAM:

Senator Mccarthy, these two bills incorporate an increase

of about 21 to 25%...


Senator Mccarthy, think the answer to that question was

just made, Senator. He says it does not. Is that right,

Senator? Senator Mccarthy.

SENATOR MCCARTHY:

Yes: Senator Graham, these bills do not raise the rates

of compensation one cen't over those bills thak we passed and

signed into law reaffirm the Governor's veto as of last No-

vember, statutory reenactment of these bills. No raises.


Senator Graham.

SENATOR GRAHAM:: .

Let me ask you this then to be more specific. How much

did they raise the rate over the previous rate before we adopted

the bills last year that the Governor put the amendatcry veto

on?


6.

7.

8.

9.

l0.

1l.

l2.

13.

15.

16.

l8.

l9.

20.

2l.

22.

23.

24.

25.

26.

Senator Mccarthy.

28.

29.

30.

32.

33.

SENATOR MCCARTHY:

Yes, I think I can answer Ehat question. We'll just haveto go back to the acts of 1969 and compare what rates were paid

in 1969 insofar as what rate: beeame payable' last Uctoier or.3','*%:

will become payable at.lhis time.

PRESIDING OFFICER: (SEMATOR PARTEE)

Gentlemen over here/ please.

SENATOR MCCARTHY:The rates on the maximum amount of compensation have been

56

1.

3.

4.

6.

7.

l0.

l1.

l2.

13.

l4.

l5.

l6.

l7.

18.

l9.

20.

raised about 20%. There's been no raise on the minimum rates at

There were, Ied say, that on the overall package there was about

20...21% on the maximum but nothing on the minimum, as contrasted

with the 1969 law.


senator Graham, aren't you finished?

SENATOR GRAHAM:

Well, thank you, Senator Mccarthy. I hqve to say that I

don't like them any better than 1. did before the Governor put

his amendatory veto on these. I didn'i agree with that. So

for one Senator from the Third District I'm going to be opposed

to these.


Any further debate? Do you desiée to catl the'roll...

SENATOR MCCARTHY:

Well, yes, I don't know if there is any opposition...


Pardon me. Senator Walker.

SENATOR WALKER:

Well, thank you, Mr. President. Will the gentleman yield

for a couple of questions?

PRESIDING OFFICER; (SENATOR PARTEE)

Senator Mccarthy.

SENATOR WALKER:

Aren't these the bills that we've been receiving some mail,

some telegrams, so forth, from the Illinois' Manufacturers and

other groups in opposition claiming that these two bills will

increase their proportionate share of the contributions?


22.

23.

24.

25.

26.

27.

28.

29.

30. Senator Mccarthy.

33.

SENATOR MCCARTHY:

Yes: thank you, Mr. President. Senator: think the tele-

grams that I've received from certain industries in Illinois relate

1.

3.

4.

6.

7.

8.

9.

10.

1l.

12.

l3.

l5.

16.

not to' 4353 or 4354 but rather to 4355, 4356 and I believe

there was another bill involving unemployment compensation.

So far as I know there's been no objection to these bills be-

cause these just reenaet that which is on the statute at the

present time.


Senator Walker has another question.

SENATOR WALEERJ

Thank you, Mr. President. DQ I understand you to say then,

Senator Mccarthy, that these bills will not increase the rates

insofar as the employers are concerned. Can you give me a yes or

no answer to that one?


Senator Mccarthy.

SENATOR MCCARTHY:

The answer is there is no increase in these bills over the

effective law at the present time that we passed last October.

Nb increase.

PRESIDING OFFICER: (SENATOR PARTEE)18.

19.

20.

21.

22.

23.

24.

25.

26.

Senator McBroom.

SENATOR MCBROOM:

28.

29.

30.

32.

33.

Senator Mccarthyz don't know if you can answer this ques-

tion. What would be effect..-l intend to support these bills...

what would be the effèct, Senator, if' they didn't pass?


Senator Mccarthy.

SENATOR MCCARTHY:

I think this is the problem. That there is a question at

the present time when the Public Act on 4353, thi: replaces Public

Act 77-1660 or 1'11 call that the old House bill 845: there

was a question, Senakor McBraom, whether or not that became

effective as a matter of 1aw on October 28, 1971: the day that

we in the Senate ratified the Governor's amendatory ehanges.

58

1.

3.

4.

5.

6.

7.

10.

12.

l3.

l4.

16.

l7.

l8.

l9.

20.

23.

24.

26.

27.

28.

29.

30.

3l.

33.

There'was question of whether or not it became effective that

day. There is a question whether or not it becomes effeetive

this July 1st. Some people maintain it doesnlt become effective

until next October 1. Those questions have not been litigated.

So what this bill and your question was what would be the effect

if we didn't pass these bills? Well, I think what does,

would postponed the...as a matter of legislative certainEy... . .the

effectiveness of these bills by July l if the Governor chooses

to sign them. That would be fixed. .That they'd be effective

July 1. Otherwise, you'd have another question as between July

lst and October l of this year.

PRESIDING OFEICER: (SENATOR PARTEE)

Senator McBroom.

SENATOR MCBROOM:

If I understand your answer then that these bills could

conceivably circumvent considerable court action, couldn't they?


Have a1l the.e.any further debate? Senator Horsley/

SENATOR HORSLEY:

Well, Senator Mccarthy, I would appreciate it if this could'

k tatement #ndbe held until tomorrow. Now, I want to chec your s

I'm checking against the R evised S tatutes and I am trying to find

out whether the Statute as published: the 1971 version, reflects

what we passed last time or whether there is something later.

But I understand that the S tatute book reflects and I don't want

anybody to have any misunderstanding because beginning with

number 3, if you'll tuyn to page of the bill, the S tatute book

that I have in front of me for 1971 and I havè it turned to Chapter

48 and I have it on page 242 for those of you who have it and it

reads whenever in paragraph a of this section ''the maximum of

$18,000 is provided,'' the bill that you have in front of us has

18 000 stricken and the word 21,000. And that 'same thing true#

'

.

so that even on down those items the last line ïn the prinked

59

2.

3.

4.

5.

6.

8

9.

1l.

l2.

14 .

l 5 . .

l6.

l8.

l9.

20.

2l.

22.

24.

25.

26.

booklet says $25,200 but in the bill you have stricken that

and yoù have $30,250. Now, I have been 1ed to believe that

a1l in the world we were doing by this partieular bill was

changing the effective date which many of us thought would

be July 1, last July 1. And there is a great deal of conflict.

There are some employers who have paid as though the bill be-

came effective then even though the Governor vetced it and

sent it back with an amendatory veto. So the thing is a1l up

in the air. Now, I'd like to clarify that because people are

going ko ask me and I want to make certain that I am telling a

correct statement when I say what the present 1aw is because

the very bill in the bill book itself...


Senator, do you have a copy of the supplement. The

supplement has come out since the Statute to which you refer.

SENATOR HORSLEY:

That is why I asked the question. I wanted to make sure.

PR4SIDING OFFICER: (SENATOR PARTEE)think you'll find it in the supplementu Sir?

SENATOR HORSLEY:

Well, actually we want l38.7'is what we want. .We11, the

supplement you have herez sir, ïs.owthe supplement has the

figures which he has in here in the supplement but I don't know

why this bill was ever drafted because this is on the books

nOW .


Well, Senator, you obviously...

SENATOR HORSLEY:

e .. 'cause 1...


Well, the question was there are two interpretations that

might be enkered in court...

SENATOR HORSLEY:

28.

29.

31.

32.

33.

60

That's right.

2.

3.

4.

5.

6.

7.

8

9.

ll.

l2.


And this will clarify it and that's the purpose of the

bill. There's no controversy...

SENATOR HORSLEY:

Well, as I understand it, now all we're doing by this

bill is changing the effective date.


That's correct, sir.

SENATOR HORSLEY:

Thank you.


Secretary will call the roll.

SECRETARY:



Dougherty# Egan, Fawelly Gilbert, Graham, Groen, Hall, Harrâs',

Horpley, Hynes, Johns, Knuepfer...


14.

l5.

16.

18.

19.

20.

2l.

22.

23.

24.

25.

26.

Hynesfaaye.

SECRETARY:

Knuppel...


Johnsp aye.

SECRETARY:

Kosinski, Kusibab, Latherow, Laughlin...


Senator Laughlin.

SENATOR LAUGHLIN:

I hate to be getting up, Mr. President. I just say this.

I think therels another reason for this bill. In the parochiad

decision, I think the Supreme Court raised a q'uestion about the

power of the Governor so far as the exercise of the amendatory

28.

29.

3l.

32.

33.

61

1.

3.

4.

veto is concerned and you just repassed parochiad for that

reason. I think that same argument could have applied agaipst

his amendatory veto of these bills and that's another reason

these bills were introduced and I vote aye.

SECRETARY:

Lyons, McBroomi Mccarthy, Merritt, Mitchler, Mohr, Neistein,

Newhouse, Nihill,.obBrien, Ozinga, Palmer, Partee, Rock, Romano,

Rosander, Saperstein, Savickas, Smikh, Soper, Sours, Swinarski,

Vadalabene, Walker, Weaver.


On these bills, 4353, 4354, the yeas are 3l, the nays are 3.

The bills having received a constitutional majority are declared

passed. 4456, Senatcr Soper. It's Representative Miller's

bill that youdre handling. Nor 4456 is the one we called.

SENATOR SOPER:

4454 does nothing but change one word that was...


4456 is called, Senator.

SENATOR SOPER:

Well, this was taken up in Senator Mccarthy's'committee

and 4456 does exactly what the synopsis sayi.


Any further discussicn? Senator Soper having clcsed the

debate, roll call.

SECRETARY:


Cherry, Chew, Clarke, Collins, Coulson, ourse, Davidson, Donnewald,

Dougherty, Egan, Fawell, Gilbert, Graham, Groèn, Hall, Harris,

Horsley, Hynes, Johns, Knuepfer, Knuppel, Kosinski, Kusibab,

Latherow, Laughlin, Lyons, McBroom, Mccarthy, Merritt, Mitchler? Mohr,

Neistein, Newhouse, Nihill, O'Brien, Ozinga, Palmer, Partee, Rock,

Romano, Rosander, Sapersteint Savickas, Smith...'yea, okay, I donlt

know...swinarski, Vadalabenep Walker, Weaver.

6.

7.

10.

12.

l3.

14.

l5.

16.

l7.

l8.

19.

20.

22.

23.

24.

25.

26.

28.

29.

30.

32.

33.

62

1.

2.

4.

5.

6.

8.

9.

10.

ll.

l2.

14.

15.

16.

l7.

l8.

20.

2l.

22.

24.

25.

26.

27.

28.

30.

31.

32.


On this question the yeas are 38. The nays #re noze. 'This

bilr having received a constitutional majority is declared passed.

May I suggest to the members if you have any motions or amend-

ments get them ready because this is the last bill before we get

to that .order of business. 4577, Senator Mccarthy.

SENATOR MCCARTHY:

Yese Mr. President, members of the Senate, 4577 amends

the Workmens' Compensation Act bu6 in an entirely different

section than the bills we just passed. This amendment doesn't

have anything to do with increasing or decreasing rates. It

merely goes to the question of who âs an employee wikhin the

definition of the Act and what this bill proposes to do if

adopted by this Senate and I urge your adoption is to include

within the list of covered employees, deputy sheriffs as one

class and assistant states' attorneys as a second class. I

think Clayton Harbeck, a former member of the House, has talked

to tome of the members of this Body about this bill. It doesn't

increase or decrease rates. The question can be raised why is

it necessary to include deputy sheriffs and assistant statees

attorneys wikhin the definition of employees in this Act. Let

me explain it thusly to you. That in the definition of the

Act al1 employees of the State, county, cityr village, township,

municipal co:porations, body politic, are automatically included

within the Workmeps' Compensation Act but officers of the State,

county, city, township, body politic, so forth, have in the past

been excluded.frcm the application of the'Act. officers being

like the Governor of the State of Illinoisr the Mayor of the'

City of Peoria or the Mayar of the City of Decatur, and there

has been some case decisions which indicate that a deputy sheriff

is not an employee of the county but rather he is an officer of

the county. so this bill is introduced to resolve any patent

nmhiguity that may exist as to whether or not a deputy sheriff

63

1.

2.

4.

5.

6.

8.

9.

l0.

l1.

l2.

l3.

14.

15.

l7.

18.

20.

21.

22.

24.

25.

26.

27.

28.

29.

.30.

3l.

32.

is an 'employee 6r an officer. Similarly for the assistant

state's attorneys, there's been some question that he's an

official of the county as opposed to employee. And what this

bill proposes to do is spell them out as included in the Act

along with the secretaries in the sheriff's departmènt, along

with the secretaries in the state's attornèy office. That's

what this bill does. I submit it to you for your approval.

PRESIDING OFFTCER: (SENATOR PARTEE)

Senator Sours.

SENATOR SOURS:

Mr. President and ladies and gentlemen of the Senate, this

is a bad bill as long as includes assistant state's attorneys.

Section 3 of the Illinois Workmens' Compensation Act lists extra

hazardous occupations, such as, dynamiting and others of the

same equal danger. Now, the genesis of this billê Senatcr Mc-

Carthy, you probably know, grows out of a law suit where an

assiskant state's attorney was injured. He took his case to

the, Supreme Court and they sent him baek empty handed. Nowr

there is nothing extra hazardous, Senator Mccarthy and Senators,

in the official activities of an assistant stateîs attorney. He

generally goes in Peoria from the first floor .to the second

floor to the courtrooms or the fourth floor to the courtrooms.

Other than that, there's nothing extra hazardous. I am in com-

plete accord with deputy sherlffs who are out apprehending pale-

factors, sorâatimes they even get a hold of a hot potàto in serving

a civil summons bue for an assistant state's attorney, this has

nothing to do with any occupation that could be called in any way

extra hazardous. For that reason I'd like to suggest that this

side for those who believe what I'm saying vote against this bill.

PRESIDING OFFICER:

Senator Egan.

SENATOR EGAN:

(SENATOR PARTEE)

Mr. President, members of the Senate, I can't disagree wïth

64

1.

3..

4.

6.

7.

8.

9.

10

l2.

13.

l4.

iD .

17.

18.

l9.

20.

22.

23.

24.

25.

26.

27.

28.

29.

30.

3l.

33.

Senatpr Sours' any more adamantly than I'm going to. Whether

or not being an assistant state's attorney is a hazardous oc-

cupation depends on, I'm sure, on the pariicular category of

work that assistant does and in many occasions...on many oc-

casions the assistant state's attorney are placed in greater

perilous positions than are police and our deputy sheriffs.

However, that is not why I stand to support thïs bïll. The

assistant state's attorneys and the deputy sheriffs were elimi-

nated for the Workmens' Compensation Act by a judicial determination.

They should be put back in because just of the hardship cases

that have arisen. Theybre very numerous and I don't mean to

take the time but I can say I am personally aware of several

hardship cases as a result of being excluded from the law. This

is a good piece of legislation and I urge your support.


Senator 'Gilbert.

SENATOR GILBERT:

Senator Mccarthy, now you were talking âbout, as I under-

stood it, that the eounty employees, municipal employees and

all. Let's take the clerk in the circuit court's office. Is

that employee covered by Workmens' Compensation?


Senator Mccarthy.

SENATOR MCCARTHY)

You don't mean the Clerk of the Circuit Court. You mean

the deputy clerk.

SENATOR GILBERT:

Yes. The deputy clerk in the Circuit Clerkls office.

SENATOR MCCARTHY:

Well, Senator Gilbert, as a matter of fact, I think a11 of

the hired payroll in the Clerk's cffice, the girls that stamp

your pleadings, and so forth: are presently under the Act because

they are employees of a county. Yes, sir.

65

1. PRESIDING OFFZCER: (SENATOR PARTEE)

For what purpose does Senator Palmer arisei He's on Senator

Savickas' mike.

SENATOR PALMER:

To answer that question. would say that's a very good

question, Senator Gilbert, and that should answer Senakor

Sours. There's nothing in the Act that prov-ides that it has

to be a hazardous occupation. The Act provides that ik should

arise out of the employment..-within the scope of employment.

Clerks Ehat work for the Ccunty Clerk, stenographers that work

for the Recorder's office, secretaries that work for the State's

Attorney's office, are under this Act. A1l that the Aet pro-

vides for is that the injury will arise out of the employment

within the scope. Just like Senator Egan has said, this bill

is long coming and for many, many years, many hardships have

aripen and thïs bill should have been passed a long time agc

and it's long overdue and I do not understand Senator Soursï

argpment. He ls not quotâng the Workmens' Compensation Act

at all correctly.

PRESIDING OFFICER: (SENATOR PARTEE)Senator Mccarthy may close the debate or ask for a roll

call.

SENATOR MCCARTHY:

Well, I don'k want to be quite as harsh in my judgement

on senator Sours as maybe I inferred from the last speaker.

Senator, it's quite true that insofar 'as private employers are

concerned that when you get to the section as to whether or not

the employer must come under the Act, that'sta different section.

welA, and there a private employer has if he's an ultra-hazardous

activity, he has no recourse but ée must come within the ap-

plication of workmen's compensation and then there's an option

to law firms and other type, insurance companies, as to whether

or not they might elect to come under the act. But here we have

3.

4.

6.

7.

8 '

10.

11.

l2.

l3.

l 4 .

16.

l7.

18.

19.

20.

2l.

23.

24.

26.

27.

28.

29.

30.

31.

33.

66

3.

4.

6.

7.

9.

l0.

12.

l3.

15.

16

l7.

19.

20.

23.

24.

26.

27.

29.

30.

31.

it mandatory and it's been for as long as I know that the State,

the county, the city and any political subdivision must come

under the Act irrespective of its hazardous. . .or lack of

hazardous activity. And this merely clears up the question

as to the status of particular individuals like the deputy

sheriffs and the assistant statefs attorneys. If they are to

be considered in point of fact and as a mattpr of law as

employees, they are under the Act. If, as some courts have

considered, they are officers or officials of the county:

then they'd be excluded from the Act. And this just merely

makes certain that which is set forth and follows the line

of decisions that we#ve made here in the Legislature including

members of the General Assembly under the Act, putting members of

the National Guard under the Acty putting people on the volunteer

fire department under the Act. thipk it's really . . . Itls

really not a complicated bill and I ask for a favorable roll

call. I intend to vote yes on it.


Secretary will call the roll.

SECRETARY:

Arrington, Baltz, Berning, Bidwill: Bruce, Carpentier,

Carroll, Cherry, Chew, Clarke, Collins, Coulson , Course, Davidson,

Donnewald, Dougherty, Egan, Fawell, Gilbert, Graham, Groen, Hall,

Hartis, Horsley, Hynes, Johnsy Knuepfer, Knuppel, Kosinski, Kusibab,

Latherow, Laughlin, Lyons, McBroom, Mccarthy, Merritt, Mitchler,

Mohr, Neistein, NeWhouse, Nihillt O'Brien, Ozinga, Palmer, Partee,

Rock, Romano, Rosander, Saperstein, Savickas, Smith, Soper, Sours...


Senator Sours.

SENATOR SOURS:

Mr. President, Senators, just so we get the record straight,there is a vast difference under the Illinois Workmen's Compensa-

tion Act between an occupation which is automatically covered

iI67

2.

3.

5.

6.

8.

9.

ll.

l2.

because it is extra hazardous and what Senator Palmer may have

been talking about, though I don't khink he's quite as familiar

with it. Welre talking in this bill to make the occupation

of an assistant state's attorney extra hazardous just like an

employee who would be engaged in dynamiting, for example. Now,

that has nothing to do with the county, for example, electing

to become under the Workmens' Compensation Açt. That's the

point I think khat has been nissed by many Senators voting here

today. This makes the office of an assistant state's attorney

under section 3 of the Act just like dynamâting extra hazardous.1

vote no.


continue the roll call.

SECRETARY:

Swinarski, Vadalabene, Walker....

PRESIDING OFPICER: (SENATOR PARTEE).

l4.

15.

l7.

18.

19.

20.

2l.

22.

Saperstein, aye.

SECRETARY:

Weaver.


Knuepfer aye. On this question the yeas are 35. The nays

are This bill having received a constituticnal majority

declared passed. Senator Vadalabene moves to reconsider. Senator

Mccarthy moves to Table. A11 in favor. Senator Gilbert.

SENATOR GILBERT:

If...

PRESTDING OFFICER: (SENATOR PARTEE)

Pardon me. For what purpose does Senator Hall arise;

SENATOR HALL:

I wanted to ask..wfor purpose of my resolutlon. When you

get to it.


Oh...fine. Senator Gilbert.

24.

25.

27.

28.

29.

3l.

32.

33.

68

1.

2.

3.

4.

5.

6.

7.

8.

l0.

11.

12.

13.

l4.

15.

16.

l7.

18.

19.

20.

2l.

22.

23.

24.

25.

26.

27.

28.

29.

30.

3l.

32.

SENATOR GILBERT:

I believe that you stated that that was the last bil1.;.


That was the last bill to be called today.

SENATOR GILBERT:

I have an important bill here to be amended. I would like

leave for suspension of the rules and return' of House Bill 4436

toooofrom Third to Second Reading for purposes of an amendment.

I will explain the amendments if I have the leave.


Senator Gilbert moves to return House Bill 4436 from Third

Reading to Second Reading for the purpose of an amendment.

Second Reading it's on. Senator Gilbert.

SENATOR GILBERT:

Now I move the adoption of Amendment No. 1 to House Bill

4436. Brieflye this is practically writing a new Metal Mines

Act. The present Metal Mines Act that we have has been in

effect for some 50 or more years and a copy of this has been

delivered to Senator Johns. I do not plan to take any action

upon it but I would like to get it amended. It's a rather large

and comprehensive amendment. So khét thé people will have a.chance

to look at it. uhe industry have been given copies of this. They

have had some reaction to it. We want ko give them a little

longer. But this bill updates the Metal Mines Act most of which

is in southern Illinois and most of in Senator Johnz district.

This is partially an dutgrowth of the disaster in Idaho recently

in'which some 97 people, I believe, were killed. I have a second

amendmenk but I would ncw move the adoption Yf Amendment No.

kith the understanding that the bill will be held for certainly

the latter part of this week at the earliest so people will have

an opportunity to take a look at it.


Senator Knuepfer.

69

2.

3.

5.

6.

8.

9.

lo '

l2.

13.

14.

15..

l6.

18.

l9.

20.

21.

22.

23.

25.

26.

28.

29.

30.

32.

33.

SENATOR KNUEPFER:

Well, Senator, I guess this doesn't do violence to our

rules but I certainly think it does violence to our procedures

around here when you take a bill and take everything out and

put a new bill in on Second Reading. We have a committee pro-

cedure so that the committee can examine the bills as theydre

going through. Now, what you effectively do is eliminate the

committee procedure. If we al1 did this we would simply put

an innocuous little bill in here ,and pass that through the

committee and then amend that on Second Reading to make a

substantive bill out of it. This was the kind of procedure

that I violently objected to in what the Governor originally

tried to do with his amendatory veto and that is to take out

a11 of the language except the title and give us a new bill.

This has the effect of simply bypassing the whole committee

procedure and putking a bill on the Floor that the committee

has never seen. And if does not actually do violence to

our rules, I think it is a procedure that certainly ought to

be discouraged.


Senator Johns. Oh, Senator Gilbert.

SENATOR GILBERT:

I presume that this bill could be introduced an an admin-

istration matter. I believe those bills are subject to still

being heard. If that's what Senator Knuepfer wants, this is

an administration matter and it's not something that I am

attempting to do to slip something over on somebody, Senator

Knuepfer, or put something in that people don't know about. This

is a matter that's an administration matter. It's been studied

and is an important issue to be taken care of at this time. Now,

if you would to make your objection why 1'11 try to get it

introduced as a bill then. As an administration bill.


70

1.

3.

4.

5.

7.

8.

Senator Johns. Senator Knuep.o.the bill is on Second

Reading. The..ppardon. It's on Second Reading. Senator Gil-

bert offers the amendment with the understanding that the bill

will stay on Third Readinq until each member has had a chance

to see it. I think he made that explanation originally. Any

objection to the adoption of the amendment? Amendmentîs adopted,

the bill goes back to Third Reading. We have a second amend-

ment? Amendnent No. 2.

SENATOR GILBERT:

Amendment No. 2 requires that theee.that anyone who starts

a new mine, this applies prospectively to a new mine, deep shaft

mine, will have to post a bond. This bill has not been seen by

industry. They'll have an opportunity 'to see it but it requires

that they post a bond to fill the mine shaft if and when that

mine is abandoned. We have a real problem throughout the State

and particularly in Southern Illinois and now that we're doing

so much stripping the people who have abandoned the deep shaft

mines and Senator Johns knows this that they have not filled

these. We have many hazardous conditions as a result of txe mine

industry either going broke or people jusk walking off and leaving

open shafts. This is certainly a protection for the public.

I move its adoption.


Any objection to the amendment? Amendment's adopted. Any

further amendments? Third Reading. Senator Jchns.

SENATOR JOHNS:

Are we on the order of motions, sir?


.1 was abcut to recognize Senatar Horsley. He had his hand

up. Was that about this matter, Senator? Senator Horsley.

SENATOR HORSLEY:

No, sir. My purpose was the other day the'matter that I men-

tioned to you. That I have these resolutions I'd like to take up

l0.

l1.

l2.

l3.

l4.

16.

l7.

18.

l9.

20.

21.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

$.77'.

1.

3.

4.

6.

7.

@ . tfirst thing in thq morning because youlre anxious to close early

tonighf and if that's agrqeable 1'11 take them up first

thing in the morning.


Now when you say them, you mean all three of them first

thing in the morning? You donlt want to that to the Body, do

you, Senator?

SENATOR HORSLEY:

9.

l0.

All I want to do is introduce two and 1et them go to th>

l2.

l3.

14.

l5.

16.

l7.

l8.

19.

20.

22.

23.

24.

25.

26.

27.

28.

29.

30.

3l.

32.

33.

Executive Committee.

SENATOR PARTEE:

Very well. Senator Johns.

SENATOR JOHNS:

Mr. President, members of the Senate, I would like to ask

leave of the body to be shown as Senéte sponsor of House Joint

Resolution No. 134.


. Any objection? The record will so show. Senator Hal1...

Senator Johns. I thought you were finished.

SENATOR JOHNS:

xow, Mr. president, z would like to ask leave of the body

if I can have this particular resolution heard in Executive on

Wednesday, the 7th.

PRESIDING OFFICER: (SENATOR PARTEEU

Any objections? Would you explain it/ sir?

SENATOR JOHNS:

This reyoluticn, sir, is sent over by the House. It's where

Arthur Wilde of the Illinois Federaticn of Tlachers accused the

IEA of giving out support in money and labor and materials and

that sort of thing and sort of cast a reflection on the General

Assembly. I would like to ask the Illinois Legislative Investi-

gating Commission to investigate and give us a report.


72

1.

3.

4.

6.

7.

l0.

11.

12.

l3.

14.

l6.

l7.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

Any objection to the hearing of this bill Wednesday in

Executive? So ordered. Senator Hall.

SENATOR HALL:

Thank you: Mr. President, members of the Senate....


We'11 only be here a few minutes if we can just keep it

a little quiet.

SENATOR HALL:

I would like to have leave to have the resolution I intro-

duced last week to be heard in Exeeutive Committee Wednesday.


Would you explain it, Senator?

SENATOR HALL:

This has to do with the Bi-state Development Agency that

runs between St. Louis and East St. Eouis district that I

cover down there. There's been some fair structures and other

allegations made against them.


Any objection? Leave. Senator Bidwill.

SENATOR BIDWILL:

Mr. President, I would like to announce a Republican caucus

àt 9:00 tomorrow morning. Republican caucus. In Senator Neis-

tein's room.


Senator Donnewald.

SENATOR DONNEWALD:

There will be a Democratic caucus, 9:00 sharp, 6th Floor,

tomorrow morning.

PRESIDING OFFICER) (SENATOR PARTEE)

Senator Mitchler.

SENATOR MITCHLER:

Mr. President, I spoke with Senator Cherry, èhairman of

the Executive Committee, and he has a supplemental notice that's

73

1.

3.

4.

6.

7.

9.

l0.

l 2 .

13 .'

14.

l5.

l6.

l8.

19.

20.

22.

23.

24.

25.

26.

27.

28.

29.

30.

32.

33.

posted on five bills and I'd ask waiver of the six day notice,

just a formality for it, to be heard in the Executive Commiptee on' Wedùesda#', House Bill 4368,.4369, 4393, 4394, and 4409.


Could you tell us what they're about, Senator?

SENATOR MITCHLER:

Yea, the 4368, 4369 aree..have to do with the loyalty oath,

the substitution of the Massachusetts loyalty oath for the present

one. House Bill 4393 is an administration bill on the Illinois

Veterans' Commission, making the Vietnam war veterans qualify to

have membership in the Illinois Veterans' Commission; 4394

is an amendment to the military and naval code authorizing the

Adjutant General to make and enter into contracts and agreements

with thp federal government.

PRESIDING OFFICER: (SENATOR PARTEE).

Senator Cherpy. Senator Cherry. The representation is made

that these bïlls have your approval as chairman of the Executive

Cosmittee: is that correct?SENATOR CHERRY:

That is an incorrect statement. They do not have my ap-

proval. I'm violently oppcsed to the bills. However: Senator

Mitchler asked me last week whether the Executive Committee would

hear tiese bills and my secretary was instructed to put them cnthe agenda for ccnsideration cn Wednesday. She failed to put

them on and Senator Mitchler came over to me this afterncon and

asked me why they weren't on and I told him that it just Wasnlt

on, that he would state the facts and cirFumstances to the mem-

bers of this body and that's your decisiontto make.


Objections have been heard. Any further objections?

senator Clarke.

SENATOR CLARKE:

Mr. President, can I believe my ears that the secretary was

74

1.

2.

5.

6.

instrvcted to pœ them on the list and that did not put them on

the list and that therefore we say that's just too bad. It

just seems to me that if there is a situation where it was througheither neglect or, you know, malfeasance or whatever why there

ought to be some consideration given.


Senator Cherry.

SENATOR CHERRY:

There was no neglect here, Senator Clarke. The bills did not

come within the purview of our June 2nd rule because these

are not exempt bills. They deal wikh loyalty oaths and they

were not put on the agenda of the Executive Committee simply

because of that reason. But Senator Mitchler did, however,

make that request and I told him that he would have to get

notice or waiver of the rule in order to have them heard next

Wednesday.


Senator Rock. Senator Clarke, I'm sorry. I thought you

were finished.

SENATOR CLARKE:

Well, Mr. President, I'd just like to pursue this a little

bik. -When did he say theydre nct in the exempt category but

Senator Mitchler indicates that he asked prior to that time for

them to be set for last week before the motion to Table took

place and they were not set. Now it just seems to me that any

Senator should have a right to have his bills set When he re-

quests it and if they just don't set them and say, you know, nowit's too late' this dcesn't seem like'a fair procedure.


Senator Cherry.

SENATOR CHERRY:

8.

9.

l0.

1l.

l2.

14.

15.

l7.

18. '

19.

20.

21.

22.

24.

25.

26.

27.

28.

29.

30.

3l.

32.

33.

When these bills were not put on the agenda for consideration

of the Executive Committee for Wednesdayy I simply sugsested to

75

1.

2.

4.

5.

6.

8.

9.

l0.

l1.

l2.

Senator Mitchler, in view of the fact that they are not on the

agenda: that he ask permission to waive the rule.


Senator Neistein, for what purpose do you arise?

SENATOR NETSTEINJ

Mr. President, isn't it up to the Rules Committee to make

exceptlons to whatever the.powhether the bills come within the

four categories to waive their introduction or their hearing?

PRESIDING OFFICER: (SENATOR PART6E)

That is within the purview of the. Rules Comnitkee. Senator

Clarke. Senator Mitchler. I said it's within the purview.of

the Rules Committee. Senator Mitchler.

SENATOR MITCHLER:

I would...the rise or fall of the United Stakes is not

going to depend on whether'or not these bills pass but I merely

say that prior to the hearing last week I talked to Senator

Cherry and he told me that he was holding some of the bills

ovqr until Wednesday and this would be with the group and whenthey weren't posted with the group I confronted him again and

he informed me ko inform his secretary to set the bills and I

just now returned from talking from him and ipdicated what...lknow Senator Cherry's opposed to at least one or two of the bills

on the loyalty oath. We discussed that but he.said they would

be set and his secretary is issuing a supplemental notice but

it's for the record you have to make a motion to waive the six

day rule and that's what I'm asking to be done. If the body

doesn't want to do lt, it's a11 right. The rise and fall of

the United states is not going to depend on these five bills or

perhaps any other bills that we pass between now and June what-

ever we get out of here.


l4.

15.

16.

l7.

18.

19.

20.

2l.

22.

23.

24.

25.

26.

27.

28.

29.

.30.

3l.32. Senator Cherry.

SENATOR CHERRY:

76

2.

3.

5.

6.

9.

l0.

12.

14.

l5.

l6.

l8.

l9.

20.

21.

22.

23.

25.

26.

28.

29.

30.

32.

33.

Senator Mitchler, I believe khe first time you requested

these bills be heard in Executive Commiktee was Tuesday, last

Tuesday, a week ago. And even at that time, it wasn't a

question of waiver of the rules, it was a question that these

are not exempt bills and didnlt fall within the category of

exempt bills and therefore without getting a waiver they could

not be heard.


You know, this is the kind qf hassle that we sought to .

avoid the 10th day of April when we came in here and made the

suggestion thatrthis Session be confined to matters for which

it was called. We got inko all kinds of disagreements about

people back home seeing bills that came out of the House and

Senators couldn't do ik and so forth. Now here we are within

two weeks of *he closing of khis Session, I hope: and here we

are spending an inordinate amount of time discussing bills

that don't have a prayer and which we know don't have a prayer.

By the same token I am concerned abcut every bill once we have

abandoned what was a good rule to satisfy and molify people in

the House and the Senate in kerms of letting them put in any

kind of bill they wanted in a Session that wasn't calculated

for it so they could get their names in the paper back home,

we now find ourselves in this kind of a hassle spending hour

after hour talking about bills that arenlt going anywhere. Well,

let's do it this way. Iudon't want anybcdy to walk out of this

Senate and say thak there was some discussion, there was some

misunderstanding, there was something about a secretary or some-

thing else that caused the bill not to be heard. The bill isn't

going to pass, 1'11 tell you that now. But I for one will join

him in the motion ko set these bills if he wants to set them

and tell everybody that you see that while we were here worrying

about personal property tax, worrying about funding this qovern-

ment, we were spendïng a lot of time doing things that were meanïng-

77

3.

4.

6.

7.

9.

l0.

less for this Session of the Legislature.

SENATOR CLARKE:

Mr President, I was just trying to get at th'e' fa-cts and

Senator Cherry just answered the faets and it was concurred in

so I agree with the President pro tem wholeheartedly. In the

light of the facts on these bills, I was the one who objected

to the six day rule last week. These bills Feren't requested

i 1 ix days ahead to be set which would have beenapp rent y s

necessary and they were Tabled as of last Friday. And I don't

think we should waste our time with even a motion to bring them

off the Table.

PRESIDING OFFICER: (SENATOR MCCARTHY)12.

l3.

l4.

l5.

l6.

Senator Sours.

.18.

19.

20.

22.

23.

24.

25.

26.

28.

29.

30.

SEkATOR SOURS:I'd like to add to what Senator Partee has said with an

amen. I think the people are getting tired of al1 this bombastic,

rodomontade that weRve been handing them ever since we adjourned

here...since we convened here rather. Now wedve got important4

bills to get out and most of them if not a11 of them are ap-

propriations. The rest,'that's campaign path.

PRESIDING OEFICER: (SENATOR MCCARTHY)

I think Senator Rock is recognized.

SENATOX ROCK:Senator Rock again is the beneficiary of beautiful timing.

I have a motion to take a House Bill from the Table, Mr. Pre-

sident. I am told by the members of the Rules Committee this

afternoon House Bill 3703 was, in fact, Tablqd and I would move

at this tâme that the bill be taken from the,Table and placed

on the Order of Second Reading. It concerns ikself with an

amendment to the Illinois Pension Code.

PRESIDING OFFICER: (SENATOR MCCARTHY)

So ordered. Senator Clarke.

SENATOR CLARKE:32.

33.

78

j ' '

1. Mr. President, I would rise in support of this motion.

. 2. This happens to be a bill that affects several Republican '

3. members over in the House and I think it should a6 least get

4. the consideration of being on the Calendar and being debated.

5. PRESIDING OFFICER: (SENATOR MCCARTHY)

6. Motion prevails. Senator Partee, any further business

7 to come before the Senate?

8 SENATOR PARTEE:

9. Yes. I move we adjourn until 10:00 a.m. tomorrow morning

bearing in mind there are two caucuses set for 9:00.10.

11. PRESIDING OFFICER: (SENATOR MCCARTHY) .

1;. On the motion those in favor signify by saying aye.

l3. Senate is adjourned unfil 10:00 tomorrow morning.

14.

15. .

l6.

17. .

l8. 'ê .

'

19 .

20.

2l. . '

22.

23.

24.

25.

26. .

27.

28. .

29.

30.

31.

32 . . '

33

79

J

77TH GENEQAL ASSEMBLYNo, we haven't taken care of that. Let's take care of 2346 and then figure out...

Documents

Transcript of 77TH GENEQAL ASSEMBLYNo, we haven't taken care of that. Let's take care of 2346 and then figure out...