la. presidext: l 19. senator soper moves that we dispense ... · l 9 t i l zho jodrda1 for may 10,...
TRANSCRIPT
J r .
78th GENERAL ASSEMBLY
MA7 14, 1973 .
1. PRESIDENT:* . . 1
2 'Will the Senate please come to ordef? The prayer '
3. will be delivered by the Reverend Lavon Bayler, of St.
4. Timothy United Methodist Church of Litchfield. Reverend
5 Bayler/
6. (PRAYER GIVEN BY REVE REND LAVON BAYLER)
7. PRESIDENT:
8 Reading of the Journal.* .
9. SECRETARY:
l0. Friday, May 4, 1973.:
ll. PRESIDENT:
l2. Senator Soper.
l3. SENATOR SOPER: ! :i14. Mr. President I move to dispense with the further !ll15
. reading of the Journal for May 4 unless there's some I
16 corrections to be made by some Senator the Journal stand
17 approved. .- Ila. PRESIDEXT: l
19. Senator Soper moves that we dispense with further 12o. reading of the Journal of May 4, if there are no corrections
a1. or additicn by any Senatcr. All those in favor of the motion
22. signify by saying aye. Contrary no. The motion carries
za and the Journal for May 4 is approved. ,
SZCRETARY : :24.
25 Monday, May 7, 1973.
26 PRESIDENTI@ h
a7 Senator Soper. ,
28 SENATOR SOPER: .
:9 I move to dispense With the further reading of the
() Journal of May 7 azzd unless some Senator has corrections3 .
to of f er , the Journal stand approved .3 l .
PRESIDENT :32 . .
Are there corrections? Senator Soper moves to dispense3 3 .
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j1. with the further reading of the Journal of May 7 and I
: 7 y '2. movef iG approval. Al1 in favor signily by saying aye. j
i I3. Contrary no. The motion carries. The Cournal for
. ' y4. May 7 is approved. !
$ I' j '5
. SECRETARY : 1 I?Tuesday, May 8, 1973. ' kl6.' It
'
I. t8. Senator Soper. . I. 1
$ I9. SENATOR SOPER;
. f 11c. I move to dispense with the fufther reading of the ,Ii
'
ll. Journal cf May 8, unless there's some corrections by a tl$ j12 Senator, the Journal stand approved.
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14. Are there corrections? Senator Soper moves to dispense I1.15. with the further reading of the Journal for May 8...and
16. that the Journal stand approved. Al1 in favor signify by'
j17. saying aye. Contrary no. The Aotion carries. The Journal l
8 is approved .l . -
19. SECRETARY:. i
20 Wednesday, May 9, 1973. '
' j21. PRESIDENT:22. Senator Soper.
2a SENATOR SOPER:
24 T move to dispense with the further reading of the' Journal for May 9, unless there's some corrections by some25
.
6 Senator, the Journal stand approved.2 .
7 PRESIDENT :2 .
g Are there correcticns? Senator Soper moves that we2 .
ag dlspenœ with the further reading of the Journal for May 9
and that the Journal stand approved. All in favor signify30.
by saying aye. Contrary no. The motion carries. The3l.
Journal of May 9 is approved. Senator Soper.32. .
SENATOR SOPERZ33.
I move to dispense.v.to suspend...to postpone the reading
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L ZhO JODrDa1 fOr May 10, 11, and 12 pending the 1. o . t l
'. . arrival of the printed Journal. I(3 . PRESIDENT :
f I' 4,
i f th Eh 1 f4. Senator Soper moves to postpone th8 read ng o.
. /
5. Journals of May 10: 1l, and 12 until the arrival of ,.
9 1
6. the printed Journals. Al1 in favor.owis there discussion? j j) < '7. All in favor af the motion signify by saying aye. j (8. . Contrary no. The motion carries. So ordered. Let? '
9. proaeed with House Bills cn first reading. We will !
10. proceed with House Bills on first readings. BB 288,
11. Represenkatlve Martin. Yes, HB 368, Representative !
12. Catania. !
l3. PRESIDING OFFICER (SENATOR WZAVERII / ,
14. HB 468: Representative Washington. HB 468. ,J
15 RepresenEative Kenney Hall: HB 44... t j16 SECRETARY: ' l j
17. HB 468 . (Secretary reads title of bill) ( /J
l8. lst reading of the bill. :. I
19. PRESIDING OFFICER (SENATOR WEAVER): f20. Representative Kenney Hall. HB 446, Representative Choate. l
a1, HB 553, Representative Taylor. HB 554, Representative Giorgi ?22. and Hanahan. 555, Giorgi and Hanahan. HB 616, Representative - , )Ipa Kelley and Choate. HB 625, Representative Kosïnskl. HB 630, . Ir
- l24 Representative Gibbs and Duff. 631, Representatfve Gibss
25 and Dyer.
HB 63l (Secretary reads title of bill) ! /27.
I
; J28 lst reading of the bill.
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2: PRESIDING OFPICER (SENATOR WEAVER): 'j 'HB 675, Representative Rayson and Rose. Rayson and
30. . : pI1.Rose, 675. HB 695, Represenkative Houlihan and Brandt. , I
31. ' ?' ïngeon. HB 706, r f
HB 749 Representative Catania and Wash22. ' I
'R i savickas. 1
Madigan epresentat ve33.
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' j1 EECRETARY:I
2. SB 706 (Secretary reads title of bill) I
a lst reading of the bill. !I
4. PRESIDING OFEICER (SENATOR WEAVER):I
s. HB 788, Representative Kelly and Choate. HB 6...866,I
6. Representative Ewell and Choate. ResoluEions. Any I
7. Resolutions? Senate Bills 2nd reading. SB 1, Senator !
8. Merritt. SB 55, Senator McBroom. SB 83, Senator
9. Vadalabene. SB 124, Senator Berning. 124, Senator Berning. !
l0. SECRETARY: II
1l. EB l24 (Secretary reads title of bill)I
12. 2nd reading of the bill. The Committee on Transpor- j
l3. tation and Public Utilities offers two amendments. I
I14. PRESIDING OFFICER (SENATOR WEAVER):
Il5. Senator Berning moves the adopticn of Committee Amendment
I16. No. 1. A11 in favor signify by saying aye. Opposed nay. I
The amendment is adopted. Any amendments from the Floor? Il7.
18. Senator Berning do you have another amendment: a CommitteeI
19. Amendment 2, a number two? Senator Berning moves the
ao. adoption of Committee Amendment No. 2. A1l in favor signify
a1. by saying aye. Opposed nay. Amendment is adopted. Any
22. amendments from Ehe Floor? 3rd reading. SB 131, Senator
a3. Ozinga. SB 191, Senator Berning. SB 192, Senator Berning.
24 SB...senator Soper. Senator Soper.
25 SENATOR SOPER: .
:6 Yes senator Berning- -is he calling 1922 Ok.
SENATOR BERNIXG: I27.
I28 What?* , j
9 PRESIDING OFFICER (SENATOR WEAVER):2 . IAre you holding l92 Senakor Berning? 321 Senator I30. ,
Derning. 337 Senator McBroom. 342, senator Wooten.3l. . .
I349 Senator Chew. Senator Chew. '32. . j
SENATOR CHEW: '33.
That amends various acts with regards to robbery and theft.
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I1. Mr. President we heard this in committee, got a good vote
2. out, and it merely raises the penalty for...I want to
3. move it.
4. PRESIDING OPFICER (SENATOR ICAVER):
5. Will you read the amend...is this a committee amendment
6. Senator?
7. SECRETARY:
8. SB 349 (Secretary reads title of bill)
9. 2nd reading of the bill. No Committee Amendments.
l0. PRESIDING OFFICER (SENATOR WEAVER):
ll. Any amendments from the Eloor? Senator Rock.
12. SENATOR ROCK:
l3. Mr. President I think if the Senator wishes to move ik
14. he ought to move it wikh the understanding it can be called
l5. back. If you'll recall in Committee he did agree to put
16. an amendment On it. ' '
l7. PRESIDING OFFICER (SENATOR WEAVER) :
l8m SB 349. Senator Mohr.
19. SENATOR MOHR:
20. Senator Roek, I wonder if that's the amendment that
2l. Senator Sours had? Would that be the same amendmenk?
22. PRESIDING OFFICER (SENATOR WEAVER) :
23 ' Senator Rock.
24. SENATOR ROCK:
25. Our notes indicate that Senatcrs Glass and Roe in
26. addition to Senator Sours asked for an' amendment and the
27. Senator agreed he would put it on.
gg. PRESIDING OFFICER (SENATOR WEAVER):
,9 Anv amendments from the Floor? 3rd reading. Senator* '''' ,
30. Berninq.
31. SENATOR BERNING: .
32. Thank you Mr. President. Far be it from me to ever
q3. infringe on the indulgence of this Body but as you may know
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Senator Conolly is not here because of the necessity of
surgical work on his little daughter. Therefore, it
becomes my extreme pleasure to represent Senator conolly
at this time and ask that the Waukegan Grade Schcol Concert
Band and concert orciestra, which is visiting the Ciky of
Springfield to give concerts in the Springfield schcols
and is now visiting the Illinois Senate to observe the
operations, to rise and be recognized by this Body.
PRESIDING OFFICER (SENATOR WEAVER):
Senator Donnewald.
SENATOR DONNEWALD:
While wefre on khak sort of business, Mr. President,
I'd like to have.e.let the Journal show that Senator
Vadalabene is on legïslative business on the Sub-eommittee
on Elections, and I think prcb ably the gentlemen on the other
side might do that for Sçnator Regner and Senator Moore also
and Senator Knuppel by the way also included that. I1d
like to have the Journal so show.
PRESIDING OFFICER (SENATOR WEAVER):
Senator Moore, Senator Regner, Senator.-.Knuppel, and
Senator Vadalabene are on official business for the Senate.
The record will show..oso show. Senator Mohr.'SENATOR MOHR:
Yes Mr. President Iavowould like the record to also...
also show theo..thak Senator Conolly is off this afternoon.
His daughter is being ooerated on and hopeful that he will
be back here tomorrow.
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PRESIDING OFFICER (SENATOR WEAVER) :
SB 447 Senator Dougherty. SB 447.
SECRETARY:
(Secretary reads title of bill)
2nd reading of the bill. The Coémmittee.o.the Committee
on Publid Hea1th, Welfare and Correcticns offers one amendment.
SB 447
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PRESIDING OFFICER (SENATOR WEAVER):
Senator Dougherty moves the adoption of Committee Amendment
No. l to SB 447. A1l in favor .signify by saying aye.
Opposed nay. The amendment is adopted. Any amendments from
the Floor? . 3rd reading.
PRESIDING OFEICER (SENATOR WEAVER):
SB 477 Senator Mitchler. SB 534 Senator Bernïng.
Senator Berning 534.
SECRETARY:
SB 534 (Secretary reads title of bill)
2nd reading of the bill. The Committee on Local
Government offers one amendment.
PRESIDING OFFICER (SENATOR WEAVE R):
Senator Berning moves the adoption of Amendment No. 1.
in favor signify by saying aye. Opposed nay. The
amendment is adopted. Any amendments from the Floor? Senator
Rock.
SENATOR ROCK:
Just a question, Mr. President, the sponsor will yield.
Is that the Home Rule Amendment, Senator Berning?
PRESIDING OFFICE R (SENATOR WEAVER)
Senator Berning is that the Home Rule Amendment?
SENATOR BERNING:
Yes it is.
PRESIDING OFFICER (SENATOR WEAVER)
534 SB 534 3rd reading. SB 539 Senator Sommers.
SB 580 Senator Mitchler. 580.
SECRETARY:
SB 580 (Secretary reads title of bill)
2nd reading of the bill. No Committee amendments.
PRESIDING OFFICER (SENATOR WEAVER):
Any amendmenks from khe Floor? 3rd reading. SB 404
Senator GTaham.
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(Secretary reads title of bill)
2nd reading of the bill. No Committee Amendments.
PRESIDING OFEICER (SENATOR WEAVER):
Any aoendments from the Floor? 3rd reading. SB 567
Senator Sours. 567. SB 567. SB 640 Sen'ator Shapiro.
Excuse me sB 634, !5, 38.:
SECRETARY:
(secretary reads title of bill)
2nd reading of the bill. No Committee Amendments.
PRESIDING OEFICER (SENATOR WEAVER):
Any amendments from the Floor? 3rd reading. SB 635
SECRETARYJ
SB 635 (Secretary reads title of bill.
2nd reading of khe bill. Nc Commiktee Amendments.
PRESIDING OFFICER (SENATOR WEAVER):
SB 404
Any amendments from the Floor? 3rd reading. SB 637.
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SECRETARY:
SM 637
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(Seeretary reads title of bill)
2nd reading of the bill. No Committee Amendments.
PRESIDING OFFICER (SENATOR VVAVER):
Any amendments from the Floor? 3rd reading. SB 638.
SECRETARY:
S3 368 (Secretary reads title of bill)
2nd reading of the bill. No Committee Amendments.
PRESIDING OPFICER (SENATOR WEAVER):
Any amendments from *he Floor? 3rd reaiing. SB 640
SECRETARY:
SB 640 (Secretary reads title of :i11)
2nd reading of the bill. No Commiktee Amendments.
PRESIDING OFFICER (SENATOR WEAVER):
Any amendment: from Ehe Floor? 3rd readinq.
SB 653 Senator Mccarthy. SB 653.
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1. SECRETARY:
2. SB 653 (Secretary reads.title of bill)
3. 2nd reading of the bill. No Committee Amendments.
4. PRESIDING DFPICER (SENATOR WEAVER):
5. Any amendments frcm the Floor? 3rd Yeadinq. SB 654
6. Senator Mccarthy. SB 654.
7. ' SECRETARY:
8. SB 654 (Secretary reads title of bill)
9. 2nd reading of the bill. No Commitkee Amendments.
l0. PRESIDING OFFICER (SENATOR WEAVER):
l1. Any amendments from the Floor? 3rd reading. SB 658,
l2. Senator Saperstein. SB 658 Senator Saperstein.
13. SECRETARY:
l4. SB 658 (Secrekary reads title of bill)
l5. 2nd reading of the bill. The Committee on Public
16. Hea1th, Welfare and Corrections offers one amendment.
l7. PRESIDING OFPICER (SENATOR IRAVER):
l8. Senator Saperskein moves the adoption of Committee
l9. Amqndment No. 1. A11 in favor signify by saying aye.
20. Opposed nay. The motion carries. Amendment is adopted.
2l. Any amendments from the Flocr? 3rd reading. SB 668
22. Senator Schaffer. SB 668.
23. SECRETARY:
24. SB 668 (Secretary reads title of bill)
25. 2nd reading of the bill. The Committee on Public
26. Health, Welfare and Corrections offers one amendment.
27. PRESIDING OFPICER (SENATOR WEAVER):
28. Senator Schaffer offers Amendment No. 1 to SB.
29. Committee Amendment, excuse De, to SB 668. Senator Schaffer. .
3o. SENATOR SCHAFFER:
3l. Would the Secretary please read the synopsts of that again.
32. SECRETARY:
It's the wrong bill. I'm sorry.33.
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1. SENATOR SCHAFFER:
2. Yeah, that's what I thought.I
3. PRESIDING OFFICER (SENATOR WEAVER):
4. SB 668. .'
5 aY: '. SECRETA
6. SB 668 (Secretary reads title of bill) .
7. 2nd reading of the bill. No Committee Amendments.
8. PRESIDING OFFICER (SENATOR WEAVER): '
9. Any amendments frcm the Floqr?
l0. SECRETARY;
ll. Amendment No. 1 by Senator Schaffer.
l2. PRESIDING OFFICER (SENATOR WEAVER):
13. Senator Schaffer do you care to explain the amendment?
. l4. SENATOR SCHAFEER:
15. It was pointed out during the committee meeting that .
16. While we had increased the size of the state.o.downstate
l7. teachers pension..wRekirement Board, We had and required
18. a larger quorum, we had not allowed for the transition
19. period and the amendment simply reduces the needed necessary
20. nllmhër of people needed for a quorum from five to a majority
21. of the members. Otherwise we'd have a five man board
22. operating with a need for a five man vote to pass something.
23. PRESIDING OFFICER (SENATOR IRAVER):
24. Any questions on the amendment? Senator Schaffer moves
25. the adoption of Amendment No. 1 to SB 668. All in favor
26. signify by saying aye. Opposed nay. Amendment is adopted.
27. Any amendments from the Floor? 3rd reading.' SB 711,
28. Senator Donnewald. SB 711.
29. SECRETARY: '
30. SB 7l1 (Secretary reads title of bill)
31 2nd reading of the bill. The Committee on Executive
32 offers tWo amendments. .
33 PRESIDING OFFICER (SENATOR WEAVER): '
Senator Donnewald moves the adoption of Committee '
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1. Amendment No. 1. A1l in favor signify by saying aye. Opposed
2. nay. Amendment No. l is adopted. Committee Amendment No. 2
3. is moved by Senator Donnewald for its adopticn. A1l in favor
4. signify by saying aye. Opposed nay. Amendment No. 2 to
5. SB 7ll is adopted. Are there amendments from the Floor?
6. 3rd reading. SB 720, Senatdr Romano. SB 720.
7. SECRETARY:
8. SB 720 (Secretary reads title of bill)
9. 2nd reading of the bill. No Committee Amendments.
10. PRESIDING OFEICER (SENATOR WEAVER):
ll. Any amendments from the Floor? 3rd reading. SB 746,
12. Senator Shapiro. SB 746.
l3. SECRETARY: '
1l. SB 746 (Secretary reads title of bill)
15. 2nd reading of the bill. No Committee Amendments.
16. PRESIDING OFFICER (SENATOR WEAVER):
17. Any amendments from the Floor?
l8. SECRETARY:
19. Amendment No. l by Senator Shapiro.
20. PRESIDING OFFICER (SENATOR WEAVER) :
21. Senator Shapiro.
22. SENATOR SHAPIRO:
23. ...Mr. President and members of the Senate, Amendment
24. No. 1 to SB 746 amends it onwmwpage l3, line 4 by deleting
25. 50 and inserting in lieu thereof 40. This is to bring the
26. bill into conformity with the other pension funds and it
27 raises from 33 and a 1/3% of the amount of the fund that
ag can be invested in common stocks to 40t. I urge its
adoption.29.
gg PRESIDING OFFICER (SENATOR KYAVER):' Senator Shapirc offers Amendment No. 1 to SB 746.31
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az. Moves it adoption. All in favor signify by saying aye.
Opposed nay. The amendment is adopted. 3rd reading.33.
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1. SB 747. SB 747.
2. SECRETARY:
3. SB 747 (Secretary reads. title of bil1)
4. 2nd reading of the bill. No Committee Amendments.
5. PRESIDING OFFICER (SENATOR WEAVER):
6. Any amendments fron thd' Floor? Any amendments from
7. the Ploor? 3rd reading. SB 759, Senator Shapiro. SB 759.
8 . SECRETARY :
9. SB 759 (Secrekary reads title of bill)
l0. 2nd reading of the bill. No Committee amendments.
ll. PRESIDING OFFFICER (SENATOR WEAVER):
l2. Any amendments from the Floor? 3rd reading. SB 760,
13. Senator Shapiro. 761. SB 776: Senator Donnewald. Senator
l1. Donnewald 776. 776 Senator. 115. SENATOR DONNEWALD:
16. Move it.
17. PRESIDING OFFICER (SENATOR WEAQER):
l8. SB 776.
l9. SECRETARY:
20. SB 776 (Secretary reads title of bill)
2l. 2nd reading of the bill. The Committee on Agriculture,
22. Conservation and Ecology offers one amendment.
23. PRESIDING OFFICER (SENATOR WEAVER):
24. Senator Donnewald noves the adoption of Committee
25. Amendment No. l to SB 776. Al1 in favor signify by saying '
26 aye. Oppased nay. The amendment is adopted. Any amendments
27 from the Floor? 3rd reading. SB 744 Senator Romano.
28. SECRETARY:
29. SB 744 (Secretary reads title of bill)
o 2nd readinq of the bill. No Committee Amendments. j3 .31 PRESIDING OFFICER (SENATOR WEAVER) :
2 M y amendments f rom the Floor? 3rd reading. SB 745.3 . .
3 SECRETARY :3 .
SB 7 45 ( Secretary reads title of bi l1) '
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2nd reading of the bill. No Committee Amendments.
PRES'IDING OFFICER (SENATOR WEAVER)
Any amendments from the Flopr? 3rd reading. SB 777,
Senator Scholl.
SECRETARY:
SB 7776.
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(Secretary''reads title of bill)
2nd reading of the bill. The Committee on Executive
offers one amendment.
PRESIDING OFPICER (SENATOR WEAVER)
Senator Scholl.e.moves the adoption of Committee
Amendment No. 1 to SB 777. A11 in favor signify by saying
O d nay. Motion carries. Any amendments fromaye. ppose
the Floor? 3rd reading. SB 779, Senator Scholl.
SECRETARY:
SB 779 (Secretary reads title of bill)
2nd reading of the bill. No Committee Amendments.
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PRESIDING OEFICER (SENATOR WEAVER)
Any Amendments from the Floor? 3rd reading. SB 790,
Senator Mitchler.
SECRETARY:
SB 790 (Secretary reads title of bill)
2nd reading of the bill. No Committee Amendments.
PRESIDING OFPICER (SENATOR WEAVER)
Any amendments from the Floor? 3rd reading. SB 794,
Senator Mccarthy.
SECRETARY:
SB 794 (Secretary reads title of bill)
2nd readinq of the bill. No Committee Amendments.
PRESIDING OFFICER (SENATOR WEAVER)
Any amendments from the Floor? 3rd reading. SB 809
Senator Johns.
SECRETARY:
SB 809 (Secretary reads title of bill)
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2nd reading of the bill. No Committee Amendments.
PRES'IDING OFFICER (SENATOR WEAVER):
Any..oany amendments from the Floor? 3rd reading.
SB 8l5 Senator Partee. 815.
SECRETARY:
SB 8l5 (Secretary Heads title of bill)
2nd reading of the bill. No Committee Amendments.
PRESIDING OFFICER (SENATOR WEAVER):
Any amendments from the Floor? 3rd reading. SB 817,
Senator Partee.
SECRETARY:
5.
6.
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SB 8l7 (Secretary reads title of bi1l)
2nd reading of the bill. No Committee Amendments.
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PRESIDING OFFICER (SENATOR WEAVER) :
Any amendments from the Floor? 3rd reading. SB 831,
Senator Glass. Do you want to move 831? SB 857 Senator
Buzbee. Senator Buzbee 857. Senator Buzbee 857.
SECRETARY:
SB 857 (Secretary reads title of bill)
2nd reading of the bill. No Commiktee Amendments.
PRESIDING OFFICER (SENATOR WEAVER):
Any amendments from the Floor? 3rd reading. SB 884
Senator Fawell. 884. SB 886 Senator Mohr. Howard Mohr.
SECRETARY:
SB 886 (Secretary reads title of bill)
2nd reading of the bill. No Ccmmittee Amendments.
PRESIDING OFFICER (SENATOR WEAVER):
Any amendments from the Floor? 3rd reading. SB 887.
SECRETARY:
SB 887 (Secretary reads title of bill)
2nd reading of the bill. No Committee Amendments.
PRESIDING OFFICER (SENATOR WEAVER)
Any 'amendpents from the Floor? 3rd reading. SB 888.
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2.
SECRETARY:
(Secretary reads title of bill)
2nd reading of the bill. 'No Committee Amendments.
PRESIDING OEFICER (SENATOR WEAVER):
Any am*ndments from the Eloor? 3rd reading. SB 890.
SECRETARY:
SB 890 (Secretary reads title of bill)
2pd reading of the bill. No Committee amendments.
PRESIDING OFFICER (SENATOR WEAVERI:.'
Any amendments from the Flcor? 3rd readinq. SB 891
Senator Saperstein.
SECRETARY:
SB 891 (Secretary reads title of bill)
2nd reading of the bill. The Committee on Executive
offers one amendment.
PRESIDING OFFICER (SENATOR WEAVER):
Senator Saperstein moves the adoption of Committee
Amendment No. 1 to SB 891. A1l in favor signify by saying
aye. Opposed nay. The motion carries. The amendment is
adopted. Any amendments from the Ploor? 3rd reading.
SB 895 Senator Rock.
SECRETARY:
SB 895 (Secretary reads title of bill)
2nd reading of the bill. No Committee Amendments.
PRESIDING OFFICER (SENATOR WEAVERI:
Any amendments from the Floor? 3rd reading. SB 896.
SECRETARY:
SB 896 (Secretary reads title of bill)
2nd reading of the bill.. The Ccmmittee on Judiciary offers
one amendment.
PRESIDING OFFICER (SENATOR WEAVER):
Senator Rock moves the...senator Rock.
SENATOR ROCK:
Yeah, very briefly I ean explain the amendment. The
SB 888
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(ILC/2-73/5M)
1. amendment just merely corrects an error that was not
2. caught in the Reference Bureau and it proceeds'to under-
3. line the new material. ' move its adoption.
4. PRESIDING OFFICER (SENATOR WEAVER):
5. Senator Rock moves the adoption of Committee Amendment
6. No. l to SB 896. All in fayor signify by saying aye.
7. Opposed nay. The Amendment is adopted. Any amendments from
8. the Floor? 3rd reading. SB 905 Senator Fawell. 907. SB
9. 9l5 Senator Merritt. SB 918, Senator Buzbee.
l0. SECRETARY:
l1. SB 9l8 (Secretary reads title of bill)
12. 2nd reading of the bill. No Committee Amendments.
l3. PRESIDING OFFICER (SENATOR IVAVER):
14. Any amendments from the Floor? 3rd reading. SB 926:
l5. Senator Romano.
l6. SECRETARY:
17. SB 926 (Secretary reids tftle of bfll)
18. 2nd reading of the bill. No Ccmmittee Amendments.
19. PRESIDING OFFICER (SENATOR WEAVER):
ao. Any amendments from the Floor? 3rd reading. SB 927.
21. SECRETARY:
22. SB 927 (Secretary reads title of bill)
23. 2nd reading of the bill. No Committee Amendments.
J4. PRESIDING OFFICER (SENATOR WEAVE R):
25. Any amendments from the Floor? 3rd reading. SB 930
26 Senator Merritt. SB 937: % nator Howard Mohr.
7 SECRETARY:2 .
2 8 SB 937 ( Secretary reads Eitle of bill)
29 2nd reading of the bill. No Committee amendments.
30 PRESIDING OFFICER (SENATOR WEXVER):
1 Any amendments from the Floor? 3rd reading. 58...943,3 .
Senator Sapersteln.32.
SECRETARY:33.
SB 943 (Secretary reads title of bill)
(ILC/2-73/5M)- 16-
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2nd reading of the bill. No Committee Amendments.
PRESkDING OFPICER (SENATOR WEAVER);
Any amendments from the Flopr? 3r; reading. SB
953 Senator Scholl. 953.
SECRETARY:
SB 953 (Secretary éeads title of bill)
2nd reading of the bill. The Committee on Judiciary
offers one amendment.
PRESIDING OFPICER (SENATOR WEAVER):
Senator Scholl offers Amendment No. 1 'to SB 953.
Committee Amendment No. 1. All in favor signify by
saying aye. Opposed nay. The amendment is adopted.
Any Amendments from the Floor? Senator Rock.
SENATOR ROCK:
Yes, Mr. Presidenk I do have an amendment. I wish to
offer. It is not yet, however, been typed. Amendment No.
l which was just adopted struek everything after the
enacting clause and in effect put a new bill in. 1...1
will agree certalnly that should be moved..owith the
understandingv.wcan we call it back with the attempt to
put my..vfine ok.
PRESIDING OFPICER (SENATOR WEAVER):
That is the understanding. 3rd reading. SB 960
S m ator Howard Mohr.
SECRETARY:
SB 960
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(Secretary reads title of bill)
2nd reading of the bill. No Committee-Amendments.
PRESIDING OFFICER (SENATOR WEAVER):
Any Amendments from the Eloor? 3rd reading SB 962
S G ator Mohr.
SECRETARY:
SB 962
2nd 'reading
(Secretary reads title of bill)
of the bill. No Committee Amendments.
(ILC/2-73/5M)- 17-
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1. PRESIDING OFFICER (SENATOR WEAVER):
2. ' Any amendments from the Floor? 3rd' readizg. SB 973
3. Senator McBroom. SB 992 Senator Rock. 993 Senator Rock.
4. SB 994 Senator Partee.
5. SECRETXRY:
6. SB 994 (Secretary reads title of bill)
7. 2nd reading of the bill. No Committee Amendments.
8. PRESIDING OFPICER (SENATOR WEAVER): '
9. Any amendments from khe Floor? 3rd reading. SB 995
10. Senator Johns.
l1. SECRETARY:
l2. SB 995 (Secretary reads title of bill)
l3. 2nd reading cf the bill. No Committee Amendments.
14. PRESIDING OFFICER (SENATOR WEAVER):
l5. Any amendments from the Floor? 3rd reading. SB 996
l6. Senator Saperstein. 996.
l7. SECRETARY: .
l8. SB 996 (Secretary reads title of bill)
19. 2nd reading of the bill. The Committee on Education . '
2o. offers one amendment.
21. PRESIDING OFFICER (SENATOR WEAVER):
22. Senator Saperstein moves the adoption of Committee
23. Amendment No. l to SB 996. A11 in favor signify by saying
24. aye. Opposed nay. The amendment is adopted. Any
25. amendments from the Floor? 3rd reading. SB 996, 998.
26 SB 998. Senator Partee.
27 SECRETARY:
28 SB 998 (Secretary reads title of bill)
29 2nd reading of the bill. Committee on Education offers
ao one amendment.
31 PRESIDING OFFICER (SENATOR WEAVER):
Senator Partee moves the adoption of Committee Amendment32.
No. 1 to .SB 998. .A11 in favor signify by saying aye. .33.
Opposed nay. The amendment is adopted. Any amendments from
(ILC/2-73/5M)
. - 18-. . . . . . . ' . ,w
1.
2.
the Floor? 3rd reading. SB 1008, Senator Ha<ber Hall.
1008. Do you wish to hold it Senator? 109...1009.
Rove it.
SECRETARY:
SB 1009 (Secretary reads title of bill)
2nd reading of the bill. No Committee Amendments.
PRESIDING OFFICER (SENATOR WEAVER):
Any amendments from the Floor? 3rd reading. SB 1010
Harber Hall. Hold? SB 1011. Senator Davidson asked us
to move SB 1019.
SECRETARY:
SB 1019 (Secretary reads titlq of bill)
2nd reading of the bill. No Committee Amendments.
PRESIDING OPFICER (SENATOR #VAVER):
Any amendments from the Floor? 3rd reading. SB 1014
Senator Nimrod.
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SECRETARY:
SB 1014 (Secretary reads title of bill)
2nd reading of the bill. No Ccmmittee Amendments.
PRESIDING OFFICER (SENATOR WEAVER):
Any amendments from the Floor? 3rd reading.
SB 1015.
SECRETARY:
SB 1015 (Secretary reads title of bill)
2nd reading of the bill. No CoDxittee Amendments.
PRESIDING OFFICER (SENATOR TOAVER):
Any amendments from the Floor? 3rd reading. SB 1067
Senator Howard Mohr.
SECRETARY:
SB 1067 (Secretary reads title of bill)
2nd reading of the bill. No Commitkee Amendments.
PRESIDING OFFICER (SENATOR WEAVERI':
Any amendments from the Floor? 3rd reading. SB 1068.
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1. SECRETARY: !
2. SB 1068 (secretary reads title of bill)
3. 2nd readinq of the bill. No Committee Amendments.
4. PRESIDING O/FICER (SENATOR WEAVER):
5. Any amendments from the Flcor? 3rd reading. SB 1069.
6 SECRETARY: '
7. . SB 1069 (Secretary reads title of bill)
8. 2nd reading of the bill. No Committee Amendments.
9. PRESIDING OFFICER (SENATOR WEAVER): '
l0. Any amendments from the Floor? 3rd reading. SB 1070.
ll. SECRETARY:
l2. SB 1070 (Secretary reads title of bill)
l3. 2nd reading of the bill. The Committee on Lccal
14. Government offers one amendment.
l5. PRESIDING OFFICER (SENATOR WEAVER):
16. Senator Mohr moves the adoption of Commmittee Amendment
l7. Noil to SB 1070. A11 in favor signify by saying aye.
l8. Opposed nay. The Amendment is adopted. Any amendments
19. from the Flcor? 3rd reading. SB 1089 SEnator Bartulis.
20. SB 1089.
2l. SECRETARY:
22. SB 1089 (Secretary reads title of bill)
a3. 2nd reading of the bill. No Committee Amendments.
24. PRESIDING OFFICER (SENATOR WEAVER):
25. Any amendments from the Floor? 3rd reading. SB 1090
26. Senator Bartulis.
27. bECRETARY:
SB 1090 (Secretary reads title of bill)28.
29. 2nd reading of the bill. No Committee Amendments. .
3g. PRESIDING OFFICER (SENATOR I'VAVER): .
31. Any amendments from the Floor? 3rd reading. SB 1091
32. SECRETARY:
aa sb 1091 (secretary reads title of bill)
. (LSU/2-73/2N1- 2 0 -
< ' .
1. 2nd reading of the bill. No Committee Amendments.
2. PRESIDING OFFICER (SENATOR WEAVER):
3. Any amendments frcm the Floor? 3rd readinq. S3 1092.
41 SECRETARY: . :
. I5. SB 1092 (Secretary reads title of bill)
6. 2nd reading of the bill. The Committee on Pensions
7. and Personnel offers one amendment'..
8. PRESIDING O/FICER (SENATOR WEAVER):
9. Senator Bartulis moves the adopticn cf Committee '
l0. Amendment No. 1 to SB 1092. Al1 in favor signify by
ll. saying aye. Opposed nay. The Amendment is adopted.
12. Any amendments from the Floor? 3rd reading. SB 1093
l3. Senator Bartulis.
l4. SECRETARY:
l5. SB 1093 (Secretary reads title of bill)
l6. 2nd reading of the bill. No Committee Amendments.
l7. PRESIDING OFFICER (SENATOR WEAVE R):
l8. Any amendments from the Floor? 3rd reading. 1095
l9. Senqtor Bartulis.
20. SECRETARY:
2l. SB 1095 (Secretary reads title of bill)
22. 2nd reading of the bill. No Committee Amendments.
23. PRESIDING OFFICER (SENATOR WEAVER):
24 Any amendments from the Floor? 3rd reading. Graham...
a5. Senator Graham 1011...10. SB 1138 Sênator Mohr.
26. SECRETARY:
ap. SB 1138 (Secretary reads title of bill)
28 2nd reading of the bill. No Con=ittee Amendments.
ag PRESIDING OFFICER (SENATOR WEAVER):
30 Any amendments from the Floor? 3rd reading. Senat6r
31 Daley do you Want to call 1020? SB 1026.
32. SZCRETARY: '
33 SB 1026 (Secretary,reads title of bill)
' (LSU/2-73/2H)
.. D 1 .. .
1. 2nd reading of the bill. No Committee Amendments. I
2. PRESIDINQ OFFICER (SENATOR WEAVER):
3. Any amendments from the Floor? 3rd reading. 1027
4. Senator Daley. Senator Carroll do you wish to move 9207
5. 522. Any Senator here wish to call any bills from...on
6. 2nd reading? ...On to Senate Bills 3rd reading. Senator
7. Berning SB 2. We will revert back to Senate Bills
8. on 2nd reading. Senator McBroom would like to call
9. SB 1048.
l0. SECRETARY:
l1. SB 1048 (Secretary reads title of bill)
12. 2nd reading of the bill. No Committee Amendments.
13. PRESIDING OFFICER (SENATOR WEAVER):
14. Any Amendments from the Floor? 3rd reading. Senate
l5. Bills on 3rd reading. Senator Walker SB 26. Senator
16 Walker. '
l7. SENATOR WALKER:
l8. ...here and thank you.
l9. SECRETARY:
20. SB 26 (Secretary reads title of bill)
21. 3rd reading of the bill.
22. SENATOR WALKER:
23. Does just what the synopsis of the bill says. It24. amends the Environmental Protection Act by removing
25. the prohibition against the open burning of leaves. It
26. Puks it back under local control. The Board can still
27. Prescribe standards for the operation of refuse collection
28. disposal sites. Thatts an amendment I took from the EPA.
a9 I think itês a good bill and T'd appreciate your support.
3o. PRESIDING OFFICER (SENATOR WEAVER):
A further discussion? Senator Glass.3l. ny
2 SENATOR GLASS:3 . .
As reluctant as I am Mr. President, Ladies and... I33.
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Gentlemen to...oppose a bill sponsored by Senator Walkerz
I...I'm going to have to do so in this instance. think
that the main reason is that the Environmental Protection
Agency..oexcuse me, the Pollution Control roard is right
now in the process of considering a regulation that would
in fact accomplish what this bill seeks to accomplish.
Those of us who served in the House with former Representative
Don Henss are aware, I think, that he is now a member of the
Pollution Control Board. And in that capacity he wrote me
and I think some of the ather Legislators and...sent us a
copy of the regulation that he is proposing. The effect
of which, withcut going inko greak detail would be to say that
except in times of emergency weather condikfons, temperature
inversions and the like, open burning of leaves would be
permitted. ...I...believe that we ought to give the Pollution
Control Board an opportunity to pass that...Resolution
or regulation and thereby accomplish themselves what...
I think this legislation seeks to do. Iîm a little biE
concerned about the Legislature removing the authority from
the Board and I say partieularly at a time when the Board seems
to be aware of what the people in the State are concerned
about and doing something about that itself. And for that
reason I would hope that thïs bill would not pass.
PRESIDING OFFICER (SENATOR IOAW R):
Senator Wooten.
SENATOR WOOTEN:
Yes, Mr. President and colleagues, I too rise with the
same degree of reluctance in deference to the sponsor
but I must oppose this bill for substantially the same
reasons that Senator Glass has already alluded to. I would
like to point out that while I'm very much in favor of...
to the maximum degree of local control, that our experience
in my community is such that we kncw firsthand you simply
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1. cannot deal with problems of air pollution on a local
2. basis. We have worked long and hard to set up a...a
3. Pollution Control Board dealing with problems of air
4. pollution that cover Scott County and Iowa and Rock
S. Island County in Illinois. We feel this is absolutely
6. essential to have some regional approach to the problem.
7. The diffieulty with this particular legislation is that
8. it leaves the EPA powerless ta do anything in those
9. condikions which Senator Glass has already mentioned.
l0. Temperature inversions have a way of covering a broad
ll. geographia area and if you do not have the authority
12. to quickly move in and put a stop to al1 kinds of
l3. burning, you can have a very serious problem developing
14. in a relatively short period of time. Now the regulaticn
l5. changes, put forward by former Representative Henss of
16 my diskrict, seemed to m'eet a11 the objections which
17. have been raised and which have produced this particular
18. bill. What they do, however, is retaïn in the EPA the
l9. authority to impose a forty-eight hour ban on open
20. burning of a1l kinds in the event that a condition such
2l. as I have referred to, arises. And thèse are not a1l
22. that uncommon. Temperature inversions occur every year
23. and they can be a very serious matter. I ask you to
24. remember that many of our citizens are troubled with
25. asthma, with emphysema and we have found that they
26. are a very direct and accrual index of what such
a7. temperature inversions and open burning can produce.
2g. They suffer terribly and there is really no recourse for
29 . them. And this is nok an insignif icant number of people
o their number is growing every year . . . .3 .
al (BAD TAPE) '
32 SENATOR BUZBEE:
o . .There would be hearings and possibly the changes of '33.
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the regulations that Senators Wooten and Glass have
Ealked about and that I said at the time that we heard
this bill in Committee I was going to cast a negative
vote on the bill at .that time, in order to give the
Pollution Control Board adequate time to get together,
have their hearings, and possibly change and put into
effect their regulations they have proposed. NoW I
was certainly hoping that the sponsor would wait until
the Pollution Control Board had had a chance to do this.
Since he has decided to go ahead and call the bill today,
I find myself in a position of having to be opposed to
the bill as I was in Committee. Now, Mr. President, I
know that there are a lot of people in my district that
are opposed to the concept of no leaf burning in their
communities. Howevsr, I think a loE of this is a false
fear as communities unde'r 2500 right now do not have the
ban against leaf burning in their towns. I think we
have certainly seen a lot ofo..a 1ot of information to
indicate that we should not allow indiscriminate open
leaf burning. And I for one, do wish that the sponsor
would have waited until a member of his own party: Mr.
Donald Henss, had had a chance to get these hearings heard
and until we had a chance ko put these new proposals
into effect. I would ask for a negative vote on this
bill, Mr. President. Thank you.
PRESIDING OFFICER (SENATOR WEAVER):
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Senator Mccarthy.
SENATOR MCCARTHY:
Will the sponsor yield to a question?
PRESIDING OFFICER (SENATCR WEAVER):
He indicates that he will yield.
SENATOR MCCARTHY:
Senator Walker I haven't looked at your bill but I
know the one that Representative Borchers passed. I think reposed
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1. authority in the municipal...authorities in each of the
2. municipal corporations to put this ban on if they
3. thought that there was an inversion problem or some
4. other problems were .there would be pollution. Does your
5. ...does your bill allow the municipalities to control
6. khis problem?
7. PRESIDING OFFICER (SENATOR WEAVER):
8. Senator Walker.
9. SENATOR WALKER:
10. Yes: Senator Mccarthy, it does. My bill is not...1 Would
ll. say not quite as rough a bill as Representative Borcher's bill.
l2. Municipalikies still control the burning under this bill.
l3. PRESIDING OFFICER (SENATOR WEAVER):
14. Senator Mccarthy.
l5. SENATOR MCCARTHY : . '
l6. Then Mr. Presidento..l believe that I'm going to vote
l7. yes on this bill and I kould urge my colleagues to vote
l8. yes on this bill. I don't think there's a great deal of
l9. enlightenment that might be given here to the members by
20. talking about how the people want it. Weeve al1 heard.
2l. We've all heard many times that this is legislation that
22. the people want. That is a good reason for passing it.
23. I think perhaps a couple of comments on some of Ehe points
a4. that have been raised by the opponents might be an order.
a5. Comment on point number one, that the Pollution Control
26. soard is noW about to adopt a regulation that will take
27. care of the problem. I don't care if itls Ehe Pollution
28 Control Board or the Department of Revenue or any of the
:9 departments of Illinois State Government. A regulation is
ac not as good as a law. An agency that has power to impose
a regulakion has the power to take it offr change it,31. .
az modify. And if the...if the desirability of the legislation. i
is not contested the best way to guard against the aspects33.
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in this case the regulation of people in their burning
2. of leaves is to legislate them with the regulation
3. reposing ultimately in the municipal authority. So 1...
4. I'm not perpuaded by a proposed regulation by the Pollutfon
5. Control Board. It's my judgement, Mr. President, that if
6. had there not been such an out cry from the public and
7. legislation such as this introduced, that there wouldn't
8. have been any change or proposed change in the regulation.
9. So it strikes me that here we have a target that we want
l0. to achieve legislation, is a way of doing it. We meet
l1. in annual Sessions. If we find that we make a mistake
l2. we can change our bill and we can do it a lot more...
13. responsibly ko the people because w/'re directly
l4. connected with then as opposed to a bureau, a board,
l5. or an agency. Second thing I believe, is Senator Wooten
16. said the municipality maybe doesn't have the power to
l7. quickly react to an inversion situation Ehat defies
l:. municipal lines. Well that may be true but yet I canft
l9. imagine under the way this bill is structured where the
20. municipalities do have the power that the municipalities
2l. will not act quickly if a condition does arise. It is
22. left with the repose of local control and so far as know
23. in his area, that if there's a problem therea..l don't see of
24. dny reason why a responsible elected public official in
25. Moline, Rock Island, so forthg..all can't act in concert
26. to impose a prohibition in the event this meteorological
27. 'accident may occur. So on those two pcints the question
28. of whether or nok we the Legislakor should act as opposed
a9. to a bureau or a board proposing a regulation that they
3c can chanqe later on. I think the Legislature's the one
71 to act and I find that the argument for...for local
2 control persuasive . And just let me add this f inal . . .3 .
suryagthis final act...this final addition to my statement.33.
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1. the campaign of 1972 the Environmental Proteckion Agency
2. and the Pollution Control Board was asked on many occasions
3. how it was. They were asked on many occasions how it was
4. that they Ampose this ban on leaf burning. I read their
5. printed reply. That agency and that buréau said, we didn't
6. impose that ban, it was the Legislature of the State af
7. Illinois that imposed the ban on you people. That's
8. what they said during the campaign and now thak the
9 d h ' âng it's a matter of regulatio'n. campaign s over now t ey re say
l0. that they have the power. And so I point that out to you as
ll. a third argument which is, l think, persuasive. The abiliky
l2. of the faceless people that man, the bureaus and departments
l3. to shift responsibility to, we, the elected Legislators. We
l4. have an opportunity right here this day to take the
l5. responsibility by enacting this law. I would ask...urge
l6. a yes vote.
l7. PRESIDING OFFICER (SENATOR WEAVER):
l8. Senator Merritt.
l9. SENATOR MERRITT:
20. Mr. President and Rembers of the Senate, 1'11 be
2l. brief. I also, as a co-sponsor of this legislation, rise
22. in support of it. If you had to live in the rural areas
23. I've lived in for a11 of my life, taking a11 the telephone
24. calls al1 week long during Ehat burning period when thç
25. leaves are falling, then maybe you might begin to understand
26. some of us on the side that support this. We don't preempt
7 ' municipal ordinance in any way . In f act , it ' s about time2 .
28 . that those of us in the Legislature begin to stand up and
29. Say We Want to preempt the EPA and the PCB who welve already .
3o. granted way too wide of powers. It's about time they knew
31. that in giving them Ehose powers by the same token we can :
a2. take them away from them. N6w we a1l know that this leaf burning
a3 perïod only occurs during about a six week's period in the fall.
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. I1. I just happen to be one that still believes in good o1d i
2. John Mecutcheon's cartoon Injun Summer that the EPA and3. the PcB. - have killed for al1 of us. There's nothing
4 ' ' i terest.. wrong with this bill. It s in the people s n
5- We don't preempt municipal ordinance, we don't attempt '
6. to in the bill. But let's be on the people's side for
7* onee . If the farmer can burn on his land, the ehildren
8. can go out and have a weeny roast and'burn leaves, then
9. what's wrong with the little widow down the street that
l0. takes a great deal of pride in her property, has no
ll. place to put those leaves. Theyfre scattered over
l2. the whole eommunity. This is good legislation and I hope '
13* khat we gek strong support on it.
l4. PRESIDING OFFICER (SENATOR WEAVER):
l5. senator Palmer.
l6. SENATOR PALMER:
l7. Mr. President, I move the previous burning question.
18. PESIDING OPFICER (SENATOR WEAVER):
l9. senator Walker-- senator Palmer has.o.moved the
20. previous question. A11 in favor signify by saying aye.
2l. opposed nay. The motion is carried and senator Walker
22. may close the debate.
23. SENATOR WALKER:
24. I thank you Mr. President, members of the Senate. 1111 '
25. have to watch khe light up there and .be as brief as I can. !
26. From the Chicago Trib, Tagge's Calumn, November the 25th,
27. even in downstate cities with disposable truck available
28. the entire winter is needed to haul away the 30 to 100
29. large, expensive bags of leaves from a single house. I
h it of Mattcon,30. use that to...and also a letter from t e C y
3l. South Beloit. The one from...they're practically the same.
J2. Mattoon pays welre vitally concerned about the leaf burningI33. problems. It puts a financial burden on every community
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through the expense
of them, and kieing up equipment, plus the manpower
cost. I might say in reqards to Senator Glass that there
is a municipal attorney up there that's been in business
a long time, Willis Overholster, a municipal attorney
who likes this bill. I may say to Senator Wooten, a
lady from Moline says first we can't burn leaves, the
environment is so much better with mountains of plastic
baqs of trash laying around than a bushel of ashes which
could be used as fertilizer. Now you must have a permit
for a household incinerator. What next? Youlll recall
municipalities of 2500 or less can now do this. Mhis
doesnft take it avay from munieipal control: it leaves it.
of picking up leaves, dispose
Mary Leahy has fought tc eliminate the nonsensical ban
on leaf burning. There's a lady that wasn't confirmed
but yet she expressed he'r feelings on it. During the
campaign the Governor said he wasn't worried about
what went on in the south forty. Herels a recent article
here. Gentleman in Homewoody Illinois, which is in Don
Moore's district has an acre of ground over there. He'd
like to burn his leaves. Maybe Homewood will let him,
maybe Homewood wonlt permit him to do so. In closing,
I will only say this, for Ehree years it's been regulated
from Springfield. Not a11 the people in my district but
the majority of them are opposed to this ban on leaf burning.
I don't know what my own town will do on it, the Village of
Lansing. We're adjacent to other communities. I don't
know what some of the other communities in my district will
do but at least this will give them the opportuniky to
control it if they so desire and take it out of the hands
of Springfield or the EPA where in my humble opinion .hasn't
been very well handled for the past three years. l think
it's a good bill. 1 realize that the membership isn't at
l8.
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full force buE I thought I'd give it a whirl and I'd
appreciate 30 votes. Thank you.
PRESIDING OFFICER (SENATOR WEAVER):
The question is shall SB 26 pass. And on thak
question the Secretary will call the roll.
SECRETARY:
Bartulis, Be11...Be11, Berning, Bruce, Buzbeez
PRESIDING OFFICER (SENATOR WEAVER):
Senator Buzbee.
SENATOR BUZBEE:
Thank you Mr. President. Mr. President, in explaining
my vote I think that oneo.oa couple of other things ought
to be pointed out. One that is, we in the Legislature
will wait just long enough for former Representative Henss and
Pollution Control Board to set these standards there would
only be twelve communities acçording to Representative
Henss' correspondence. Only twelve communities in the
State of Illinois that would not be able to burn leaves.
And of those twelve, ten of them now have a ban against
leaf burning. So we're talking about two communities
that would not be able to burn leaves under normal conditions
in the whole State of Illinois. The oEher thing Ehat 1.
think should be pointed out, Mr. President, is the fact that
this bill is aimed at past arrogances: past sins of the
Pollution Control Board and Ehe Environmental Protection
Agency. Now Senator Walker just said, Mary Lee Leahy saidthat she Ehought that the EPA ought take a more sane, sensible
approach to these problems and consider the problems of the
small communities across the State. Now I donlt know wha
her successor is going to be but I'm sure that her successor
will also take that same sensible approach. I don't think
we in the Legislature ought to punish people who have asthma
and other diseases of the respiratory system simply because Wefre
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madlat some peaple that used to run the Pollution Control
Board and used to run Ehe Environmental Protection Agency.
I vote no.
SECRETARY:
Carrollz Chew, Clarke, Conolly, Course, Daley,
Davidson, Donnewald, Dougherty, Fawellz Glass, Graham,
Harber Hall, Kenneth Hally Hynes, Keegan, Knuepfer,
Knuppel, Kosinski, Latherow, McBroom, Mccarthy, Merritty
Mitchler,
PRESIDING OFFICER (SENATOR WEAVER):
Senator Mitchler.
SENATOR MITCHLER:
Mr. President, members of the Senate, I see nothing
wrong in the General Assembly taking action to give
power and to relinquish power on any State agency.
Now those of us that were here in 1970 when we passed
the Environmental Protection Act, know only too well that
the minute the bill passed the House and before the
Clerk of the House could get over to the Secretary of
the Senate we were deluged with phcne calls and pressures
and everything. The editorials came out in the paper that
the Senate was going to emasculate the Environmental
Protection Act and oh what we weren't soing to do to
stop this great...
PRESIDING OFFICER (SENATOR WEAVER):
For what reason does Sena*or Walker arise?
SENATOR WALKER:
5.
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8.
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Point of personal privilege. Iîve cooperated with
Mike Duncan from the Governor's Office but I don't want
him..mworking the Floor when I've got a bill called. So
will the Sergeant at Arms please escort hin back there
where hels not bothering Bartulis here.
PRESIDING OFFICER (SENATOR WEAVER):
Senator Mitchler may continue. Senator Mitchler may
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1.
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continue.
SENATOR MITCHLER:
The...the idea was that the General Assembly...
PRESIDING OFPICER (SENATOR WEAVER):
For what purpose does Senator Donnewald arise?
SENATOR DONNEWALD:
4.
5.
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10.
I'd like to ask Senator Walker if he's ever heard
of Ron Swanson?
PRESIDING OPFICER (SENATOR WEAVER):
Senator Mitchler you may conEinue.
SENATOR MITCHLER:
Ok. If it's good for the good, good for the gander.
The...the EPA, the Environmental Protection Act was
passed. And this was an Act that was passed by the
Illinois General Assembly and I might say had the
most far reaching power of any EPA Act in the entire
United States. Now we a11 know that there has been a 1ot
of criticism and Senator Buzbee I believe you alluded
to that in your last remarks. The criticism of the PCB and
the EPA and the manner in which they conducted themselves.
They had extensive powers that could go even above and
beyond what normally would be delegated. But it was at
a time we had to do something. Now this area of open
burning, let me tell you, you know I have a tree trimmer in
my district and he's a licensed fellow under the State's
statutes and he trims trees. He takes down a tree in
a city or a municipality in Aurora and he used to take
these trees out into a farmer's area. He had a big
sort of a pit. He puk them in there and whenao-when
it was proper not when he had a foggy day or the Weather
conditions were such he'd burn these rff and dispose
of them. Now the Pollution Control Board comes along,
no open burning. So, in order to do any burning, he has to
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1. qe6 what is known as a variance. Well,' this g'oes l2. through like an Act of Congress or the Legislature to
3. get that done . It takes 21 days because they have to
4 '. have al1 these hearings. So he takes these tree
5. trimmings and tree trunks Eo a landfill operation
6. and it costs him about 20 to 25 dollars a load. That's
7* what he gets charged. Well, it kakes four or five loads.
8. Well, he has to pay more to dispose of the stuff than he
9. gets for cutting the tree iown. That doesnlt make
l0. sense. Thak's what this is a1l about. And you know
11. that Governor Walker got the biggest hand of entire
l2. speech when he said he wasn't so concerned about that
13. burning down in the farmer's south forties as he was
14. about the smoke coming out of the stack in the big
15. city. chicago had an ideal, a model ordinance
l6. against burning of leaves fortyears way before the EPA
17. ever tame into effect. And the cost of the City to dispose
l8. of a11 these leaves instead of burning them and having the
19. control over the disposal of them through burning is
20 hing that is very costly . This is a good bill and. somet
2l. I don't see why the EPA or the Administration or anybody
22. else should get so excited when the General Assembly,
23. which the people are coming through trying to give
24. corrective legislation to make life a little bik easier
25. with which to live in these great States in the State
26. of Illinois. And I urge a favorable vcte for SB 26.
27. PRESIDING OFFICER (SENATOR WEAVER):
28. How does the Senator vote?
29. SENATOR MITCHLER:
30. The Senator votes aye.
21. SECRETARY:
32. Howard Mohr, Don Moore, Netsch, Newhouse, Nimrod, Nudelman,
33. Ozinga, Palmer, Partee, Regner, Rocky Roe, Romano, Saperstein, I
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I
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3.
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6.
Savickas, Schaffer, Scholl, Shapiro, Sm'ith, So'mmer, Soper,
Sours, Swinarski, Vadalabene, Walker, Weaver, Welsh,
Wooten, Mr. President.
PRESIDING OFFICER (SMNATOR WEAVER):
Clarke, aye. There's.been a request for a call of
the absentees. The Clerk will call the roll.
SECRETARY:
Bell, Bruce, Chew, Conolly, Course, Dougherty, Fawell,
Harber Hall, Kenneth Hall, Hynes, Keeganz Knuepfer, Kosinski
McBroom, Don Moore, Newhouse, Nimrod, Nudelman, Regner,
Rock, Roez Saperstein, Savickas, Schaffer, Smith, Soper,
Swinarski, Vadalabene, Walker, Welsh.
PRESIDING OPFICER (SENATOR WEAVER):
Senator Walker.
SENATOR WALKER:
8.
l0.
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13.
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I votc aye.
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PRESIDING OFFICER (SENATOR WEAVER):
Senator Walker votes aye.
SENATOR WALKER:
Period.
PRESIDING OFFICER (SENATOR WEAVER):
On that question there are 23 yeas and 7 nays. SB 26
having failed to receive a constitutional majority is
declared lost. The Chair last Week made the announcemenE
that ... SB 173 would be the first one called and I omitted
it so Welll go to SB 173, Senator Fawell.
SECRETARY:
SB 173 (Secretary reads title of bill)
3rd reading of the bill.
PRESIDING OFFICER (SENATOR WEAVER):
Senator Fawell.
SENATOR FAIG LL:
Mr. President and members of the Senate, SB 173 does just
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1. as the Calendar has indicated it adds wording to the
2. Revenue Act which clarifies that public school property I
3. is exempt from the date that it is purchased so long
4. as it is npt rented with an intent for profit. Theti5. reason for the bill is that under wording that is in
6. the Revenue Act at the present time there is a construction
7. that is made by some Boards of Review downstate that until
8. such time 'as the real estate which is purchased for public
9. schools is actually used for school purposes, until that '
l0. time it cannot have an exempt status and thus we have Ehe
1k. irony where in some of the downstate counties you have the
12. public school diskricts actually being obligated to pay
13. taxes on real estate until such time as school actually i
l4. opens. And of course this can be quite costly in some
15.' instances. So it makes it clear that as in the case of
16. cities and villages and as in the case of park districts
l7. from the date that the real estate is acquired by a public
l8. school district it will be exempt.
l9. PRESIDING OFFICER (SENATOR WEAVER):
20. Is there any discussion? Senator Rock.
21. SENATOR ROCK:
22. Well...there have been I take it two amendments to .
aa this. I can see the purpose of what youfre trying to do.
Ilm just not so sure that what this bill says accomplishes is24. a . .
25 that purpose.
:6 PRESIDING OFFICER (SENATOR WEAVER): j'
Senator Fawell.27.
SENATOR FAWELL:28. ,
Well I don't know what more I could say. The. e .the .29.
reason for the amendments was that Senator Hynes did not...3Q.
would prefer that the amendment be in another section other3l.
than the section in which I hàd put it. And, so I placed32. . .
. ;it in the section along with park districts but what it33.
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literally says Senator Rock, is quïte clear that the
property upon...upon the schopl district owning real
estate it becomes exempt except in instances where it
is leased by the distrïct or otherwise used wlth a
view to profit.
PRESIDING OFFICER (SENATOR WEAVER)
Senator Rock do you have any further questions?
SENATOR ROCK:
Well...Amendment No. 2 then is what wefre dealing
with which states very simply, a1l property of public
school districts not leased by such districts or other-
wise used with a view to profit period. That's.o.now
we are in no way then amending 19.1 section.oothe one
you started out with. So that stays the same and ke..vok.
PRESIDING OFFICER (SENATOR WEAVER):
Senator Fawell do you care to close debate?
SENATOR FAWELL:
No I...i think I
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explained it.
PRESIDING OFFICER (SENATOR WEAVER):
Senator Mitchler.
SENATOR MITCHLER:
Ask the sponsor how many amendments do we have on
this Senator Fawell?
PRESIDING OFFICER
Senator Fawell.
SENATOR FAWELL)
(SENATOR WEAVER) :
There's onlyv.othere's only one amendment. The first
one was Tabled and the second one actually says the same as
the first but we just used a different section. That's all.
And it merely states that a1l property of public school
districts not leased by such districts or otherwise used
with a view to profit are exempt.
PRESIDING OFFICER (SENATOR WEAVER):
The question is shall SB 173 pass? Excuse meao.senator
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1. Rock.
2 --. SENATOR ROCK: .
3. one- m .one further question senator Eawell.
4 . PRESIDING OTFICER ( SENATOR :7EAVER) :
5 * Senator Eawell.
'
6 '. SENATOR ROCK :
7 . If the sponsor will yield, Mr . President .
8* PRESIDING OPFICER (SENATOR WEAVER):
9 '. He will yield.
10 . SENATOR Rocx :
11 . Do we have . . .what about private school property . Is
l2. that in any way dealt with or circumscribed.
l3. SENATOR FAWELL:
l4. No..ono this is whak Senator Hynes was concerned
l5. about that it in no way would effect private schools.
16. And it in no way does. Wepve bent over backwards to .. . '
l7. that's why we took it out of that section. So that
l8. it would not have any implication in...by amend'ing .
l9. that particular section that ùt would in any way alter
20. the exemption granted to-..to private schools for
21 ropertyo.outilized for schoot ourooses.. P
22. PRESIDING OFPICER (SENATOR WEAVER):
23. The question is shall SB 173 pass? And on that
24. ' question the Secretary will call the roll.
25. SECRETARY:
26. Bartulis, Belle Barning, Bruce, Buzbee,. Carroll, Chew,
27. Clarke, Conolly, Course, Daley, Davidson, Donnewald.
28. Dougherty, Fawell, Glass, Grah am, Harber Hall, Kenneth Hall,
29. Hynes, Johns, Keeganz Knuepfer, Knuppel, Kosinski, Latherow, .
30. McBroom, Mccarthy: Merritt, Mitchler, Howard Mohr, Don Mooree
31. Netsch, Newhouse, Nimrod, Nudelman, Ozinga, Palmer, Partee,
32. Regner, Rock, Roe, Romano, saperstein, savickas, Schaffer,
33. Scholl, Shapiro, Smith, Sonrer, Soper, Sours, Swinarski,
' (LSU/2-73/2M)i.38- ,
:
1. Vadalabene, Walker, Weaver, Welsh: Wooten, Mr. President.
2. PRESIDING oFFIcER (SENATOR WsAvER):
3. On that question there are 38 yeas and no nays. SB
4. l73 having received a constitutional majority is declared
5. passed. We will...senator Mccarthy.
6. SENATOR MCCARTHY:
7. Yes Mr. President I just talked to Senator Soper
8. and I'd like to go out of order to say the Easement
9. Bill he told me about. If I could make a motion to
l0. ..obring it up. I was just talking to Senator Soperl1. and he told me to make a motion to discharge his
l2. committee from...further ccnsideration of SB 1155.
l3. Thatls an Easement Bill that was introduced on May 10.
l4. To keep the bill alive I make the..mask consent of the
l5. Body to have the bill discharged frcm the Committee on
l6. Local Government. Advanced to 2nd reading without...
l7. placed on the' Calendar on the order of 2nd reading.
l8. PRESIDING OFFICER (SENATOR WEAVER):
l9. Well, Senator Mccarthy welre not on motions but as
20. long as youlve identified the bills, HB 11...
21. SENATOR MCCARTHY:
22. SB 1155.
23. PRESIDING OFFICER (SENATOR WEAVER):
24. SB 1155 has been requested to discharge Local Government
25. Committee and place iE on the Calendqr on 2nd reading. Is
26. there anya..senator Soper.
27. SENATOR SOPER:
2g. That's.p.thatls ok because ik's only an Easement Bill
29. and...ànd we want to pass it out.
30. PRESIDING OFFICER (SENATOR WEAVER):
3l. Al1 in favor signify by saying aye. Opposed nay.
32 So ordered. The bill is discharged from Local Government
and placed on the Calendar on the order of...Mr. President.33.
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9.
SENATOR HARRIS:
Well Mr. President I don't think this motinn is going
to be needed ultimately, because this is one of the bills
under consideration by the Committee on Rules to be
exempted from that sectinn of Rule 5. So might I ask
Senator Mccarthy-..it was Senator Kccarthy's motion,
*as it not? To held it in tomcrrow.ovuntil tomorrow
to make this motion. Because I don't think it's going
to be necessary.
PRESIDING OFFICER (SENATOR WEAVER)
Senator Mccarthy indicates he will withdraw his motion.
Strike from the records. We will reverk to the bcginning
of Senate Bills on 3rd reading. SB 29, Senator Partee.
SB 63z Senator McBroom. SB 7l: Senator Sours. SB 89,
Senator Walker. Senator Walker.
SENATOR WALKER:
a . .Thank you Mr. President, members of the Senate.
SB 89 is amended.
PRESIDING OFFICER (SENATOR AYAVER)
Senator Walker we wikl let thc Secretary read the
bill please.
SECRETARY:
SB 89
3rd reading of the bill.
PRESIDING OFPICER (SENATOR WEAVER):
Senator Walker.
SENATOR WALKER:
(Secretary reads title of bill)
28.
29.
30.
3l.
32.
33.
SB 89 is amended. It allows for a member of the
State Employees Retirement System, who has rendered
service to the General Assembly or any committee cr
commission of either House to pay into the retirement
system for contractural services rendered t8 the General
Assembly and receive creditable service. This is the
important part in my estimation. At the present legislation
- 40 '-.(LSU/2-73/2H)
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was passed during the last General Assembly allowing
an individual his first pay for contractural service
and then later personal service to pay in the retire-
ment systep. This bill says that an individual
is first paid for personal services and then contractural
services, he or she may pay into the retirement system
for the period of contractural work. In other words,
it just reverses what we did the lask kime. If theywere first on the contractural, went to persohïl and
that applies tc our employees who have served as committee
clerks, who have served as administrative assistants,
just reverses what welre doing at the present time. And
it seems just to me and I'd appreciate your support.
PRESIDING OFFICER (SENATOR WEAVER):
Is there any discussion? On that questfonow.the
question is shall SB 89 pass? And on that question the
Secretary will call the roll.
SECRETARY:
Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewald,
Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Johns, Keegan, Knuepfer, Knuppel, Kosinskiz
Latherow, McBroom, Mccarthy, Merritt, Mitchler, Howard
Mohr, Don Moore, Netsch, Newhouse, Nimrod, Nudelman, Ozinga,
Palmer, Partee, Regner, Rock, Roe, Romano, Saperstein,
Savickasy Schaffer, Scholl, Shapiro,
PRESIDING OFFICER (SENATOR WEAVER):
Senator Shapiro.
SENATOR SHAPIRO:
Mr. President, I realize we're on a roll call and in
lïeu of explaïning my vote Iem wonderïng if I cuuld ask
the sponsor a question on this bill?
PRESIDING OFFICER (SENATOR WEAVER):
Senator Walker.
- 41-
1. SENATOR SHAPIRO:
Senator Walker, did this bill have an amendment on it
3. whereby the perscn who was going to transfer the credits
4. would pay up the state è'harë also?
5. PRESIDING OFFICER (SENATOR WEAVER):
Senator Walker.
7. SENATOR WALKER:
8. It...it has an amendment but the amendment covered
the General Assembly or any commmittee or commission
lO. Of either House thereof. It had.e.it said nothing
about who was to payo..the employee naturally would
l2. pay their share. Tbat would subject Yhe State'in my*13. opinion to their share.
14. PRESIDING OFFICER (SENATOR WEAVER):
l5. Senator Shapiro.
l6. SENATOR SHAPIRO:
l7. But that's all. Just.o.just their own share?
l8. PRESIDING OFFICER (SENATOR WEAVER):
l9. Senator Walker.
20. SENATOR WALKER:
That's my...thatfs my understanding, yes.
22. PRESIDING OFFICER (SENATOR WEAVER):
23. Senator Shapiro.
24. SENATOR SHAPIRO:
. 25. Well Mr. President, members of the Senate evidently
26. this matter was considezed by the Pensions Commission and
27. the Pensions Commission did disapprove this bill. Now
a8. my memory is just a little hazy on this particular matter.
a9. 1...1 do recall though that there is another bill that
ac. looks at this particular matter from my.o.another angle
and until Ilm absolutely sure I'm going' to vote no on31.
32. the bill.
aa. PRESIDING OFFICER (Senator Weaver):
Continue roll call.
- 42-(LSU/2-73/2M)
3 .p * ! . aJ l , . , . q
jj . , . . .%j!t p . ; cjkv,, )q?' ,)(zî Jz
.# '
l1. SECRETARY: ' I
h2. Smithy Sommer, Soper,
3. PRESIDING OFFICER (SENATOR WEAVER) :
4. Senator Soper. I
5. SENATOR SOPER:
6. There's another bill pending that cures the defects
7. of this bill. Senator Shapiro is right. To pass this out
18. of committee with the proviso that a11 the. ..aE the protection9. in the.e.that the commissicn asked for would be put in thisl0. bill well, that hasn't been done. I think we ought to wait
ll. for the next bill that we can pass that makes it necessary I
12. for the participant to put into .state share to bring this
'13. thins up to a fiscal responsibility. Now the membership
l4. can do what they want with it. I think that should be
l5. done in order that thea. othe pension plan should be protected
l6. with Ehis proviso. '
17. PRESIDING OFFICER (SENATOR WEAVER): :
l8. How do you vote Senator?
19. SECRETARY:
20. Sours, Swinarski, Vadalabene, Walker, Weaver, Welshz ;21. Wooten, Mr. President.
22. PRESIDING OFFICER (SENATOR WEAVER):
23. Daley no. Fawell no. Aye. Eawell aye. Buzbee no.
24. PRESIDING OFFICER (SENATOR WEAVER):
25. Senator Walker.
a6. SENATOR WALKER:
27 ...Please place...SB 89 on postponed consideration.
2g. PRESIDING OFFICER (SENATOR WEAVER):
a9. SB 89 will be placed on postponed consideration.
3c. SB 98y senator Knuppel. SB 139, Senator Sours. SB l55
31. Senakor Palmer. SB 176, Senator Donnewald. SB 179: Senator
3a. Glass. SB 187, Senator Fawell. SB 197, Senator Glass.
33. SECRETARY:
SB l97 (Secretary reads title of bill)
(ks:Jz-73/zM3- 43-
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3rd reading of the bill.
PRESIDING QFFICER (SENATOR WEAVER):
Senator Glass.
SENATOR CLASS:
Thank you Mr. President and Senatorsk SB 197 would
incorporate provisions that are normally found 'in every
well drafted trust agreement. Into a1l trust agreements,
unless they're specifically excluded, would...l think make
it a 1ot easier foro..trust agreemenks to be drafted without
overlooking important provisions. The bill has had an
amendment as a result of the testimony in the Judiciary
Committee and some suggestions by Senator Sours. Also
at the request of Senator Rock we have deleted from the bill
inclusions of the provision allowing investments in mutual
funds. I think it should now be in the form that is
satisfactory to most of the members and I would request
a favorable roll call.
PRESIDING OFPICER (SENATOR WEAVER):
Is khere any discussion? On that queskion...senator
Berning.
SENATOR BERNING:
Yes I would like to direct a question to the sponsor.
And I should say ik's purely academic because 1:11 never
have anything to do with trusts. But Page 6, Section 7
seems to me to be very, very vague when it saysz the
Erustee shall be reimbursed for al1 proper expenses
incurred and the management and protection of the trusk
and shall be entitled to reasonable compensation for
services rendered. Who establishes what is a reasonable
compensation? Is there any control at all?
PRESIDING OFPICER (SENATOR WEAVER):
Senator Glass.
SENATOR BLASS:
senator Berning I would say that it generally states in
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12.
l4.
l5.
l6.
17.
l8.
l9.
20.
2l.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
x 41 ' . :, A .
1. the. 1aw now that the trustee is entitled to rèasonable
2. expenses for his services and to the extent you have
3. banks and trust companies in the business. They are
4. competitive and their fees must be agreed to in advance
5. so that I think khak this doesnlt make any change in the
6. law to my knowledge as it presently exists. '
7. PRESIDING OFFICER (SENATOR WEAVER):
8. Senator Berning. Any further discussion?
9. SENATOR BERNING:
l0. Pardon?
ll. PRESIDING OFFICER (SENATOR WEAVER):
l2. Did you have another question Senator?
l3. SENATOR BERNING:
l4. Well, I don't think I got an answer. Are you saying
l5. this is a section that's already in existence? Donft'
16. I read this correctly that this is a new section? And
17. you say it's agreed to in advance that may be if it
18. involves living persons but once a person is deceased
19. and the trust is still there who controls this compensationz
20. It would seem that there ought to be some klnd of...
2l. PRESIDING OFFICER (SENATOR WEAVER):
22. senator Glass.
23. SENATOR GLASS:
24. Well, the various trust companies do publish their
25. fees and I...somebody by will designates a bank as a
26. trusEee presumably they do so with a knowledge of what that
27. schedule of fees is. And as I say they are competitive.
28. 1...1...1 do believe this statement is merely a statement
29. of the existing policy at the present time. I mean I
30. don't think it's.o.if a trust company had to have their
31. fees approved by a court this I think would be the standard
32. reasonable compensation for services rendered which is
33. I think, What everyone is entitled to. But I just repeat- 4s-
1. 1...1 don't think this bill attempts to set any new
2. policy with regard to fees. .
3. PRESIDING OFFICER (SENATOR WEAVER):
4. senator Sours.
5. SENATOR SOURS: '
6. Mr. President and Ladies and Gentlemen of the Senate,
7. this is one of the.o.of the tko trust bills Senator Glass
g '. has that merits approval. The other one merits a state of
9 . i ht to vote '* immorality and morbidity. Hokever, it s alr g
l0. on this one.'
l1. PRESIDING OFFICER (SENATOR WRAVER):
12. Is there any further diseussion? The question is
13. shall SB 297 pass? And on that guestïon the Secretary
l4. will call the roll.
15. SECRETARY:
l6. Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
17. chew, Clarke, Conolly, Course, Daley, Davidson, Donnewald,
l8. Douqherty, Fawell, Glass, Graham, Harber Hall, Kenneth
19. Hall, Hynes, Johns, Keegan, Knuepfer, Knuppel: Kosinski, t20. Latherow, McBroom, Mccarthy, Merritt, Mitchler, Howard '
21. Mohr, Don Moore, Netsch, Newhouse, Nimrod, Nudelman, Ozinga,
22 palmer, Partee, Regner, Rock, Roe, Romano, '
23. PRESIDING OFFICER (SENATOR WEAVER):
24. senator Rock.
25. SENATOR RocK:
26. Yes, Mr. President, members of the Sepate, as Senator
27. sours so aptly said this is one of the two bills at least
28. on Ehe Calendar dealing with trusts. I think they both
29. have merit. I'm delighted to vote aye. .
30. ' SECRETARY:
3l. Romano, Saperstein, Saviekas, Schaffer, Scholl,
32. Shapiro, Smith, Somler, Soper, Sours,
33. PRESIDING OFFTCER (SENATOR WEAVERI) I
Senakor Sours.
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j :
l ' . d
4 ' .
1. SENATOR SOURS:
2. This is a good bill Mr. President. Ifm voting for
3. it. I vote aye. As for the other bill it is based upon
4. man's oldest unhappy attribute, greed.
s. sscRsvaRv: ' t6. swinarski, Vadalabene, Walker: Weaver, Welsh, I
7. wooten, Mr. President.
B. PRESIDING OFFICER (SENATOR WEAVER):I
9. senator Johns, aye. Buzbee, aye. Donnewald, aye.
l0. senator Merritt, aye. On that question there are 35 yeas I
ll. and no nays. SB 197 having received the constitutional I'
Il2. majority is declared passed. SB 254, Senator Palmer. Il3. 254, 255. SB 268, Scnator Johns. SB 268.
l4. SECRETARY:
15. SB 268 (Secretary reads tïtle of bill) I
l6. 3rd reading of the bill. I
17. PRESIDING OFFICER (SENATOR WEAVER): I
18. Senator Johns.
l9. SENATOR JOHNS:
20. 1'11 try to do this without my notes. Because of
21. the night Session én coming in early like I have, but anyway 122. this is a particular bill that has kwo opEions in it for
23. . the State Police Retirement Program and it has met khe
24. approval of the Pension Laws Ccmmission and it has been
25. amended and has met al1 the requirements of anyone
26. that has approached us on ït. It is to redpce the. i27
. retirement age from 55 to 50 after 25 years of service
28. and it has an option in there for 20 years of service
29. at the age of 55. And I'd be glad to try and entertain .
30. and answer any questions that wculd put forth.
3l. PRESIDING OFPICER (SENATOR WEAVER):
l32. Is there any discussion? Senator Wooten.I
33. SENATOR WOOTEN;I
Will the sponsor yïeld to a queskion?
.- 4 7 .- .
z ' t, ' ' .
. I
cER (SENATOR WEAVER): '1. PRESIDING OFFI . j
l2. He indicates he will.
13 SENATOR WOOTEN: ' ' I
I4 About how many people presently employed will be
$ affected by this, Senator? 1k I
6. PRESIDING OFPICER (SENATOR WEAVER): ' II
7. Senater Johns. . I
:. SENATOR JèHNSJ '
9. Thank you Mr. President. Sorry to rush you. The I
total number involved will be abouk l00 State Policemen. '10. I
ll. 14 have indicated they will consider retirement.I
12. SENATOR WOOTEN: I
l3. Do I understand from that then khat there will be II
l4. only about 14 policemen who will be forced into retirement I
his change or is thfs purely a permissive thing? l15. by t
I
16. SENATOR JOHNS: II17. It's strictly voluntary, Senator Wooten.I
18. SENATOR WOOTEN: I. I
l9. Thank you. , I2Q. PRESIDINC OFPTCER (SENATOR WEAVER): l
'
j21. Any further discussion? Senator Berning. I
I21. SENATOR BERNING:
I23. Would khe Senator refresh my memory. I thought there I
1.a4. was an amendment considered for this bill. I15 PRESIDING OPPICER (SENATOR WEAVER): I
26 There is an amendment on it, Senator Berning. do you
:7 have a question of the sponsor?
zg SENATOR BERNING:
1I don't have the amendment in my book and khat's29. I
why I was questioping it. I think this is the amendment I30.
t we Were...were anticipating. 1Yha31.
PRESIDING OFFICER (SENATOR WEAVERIJ32.
Do you have a question on the amendment, Senator Merning? I33.
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. i;
. ' . . i.
i . . .
' . j. . .:g:t .1. SENATOR BERNING: . '
. , * ' . . I
2. uo. 1 didn't realize the amendment was on. lt's 113. not in my book. And thatfs what'l was kuestioning, ifl
4. ve had placed the amendment on to require 25 years j
5. xof service. Iï j6
. PRESIDING OPFICER (SENATOR WEAVER) : I
7. Any further discussion? Senator Nimrod. II8 . SENATOR NIl.1ROD :I
9. Will the sponsor yiekd for a question? Senator is j
l0. this the only pension fund then that will be at age 50 I1l1
. or are there others that are.v.this is reducins it downI
12. to 50 and down to a pretty age where wepre starting to 1
113. build up quite a bit of money in there.I
l4. PRESIDING OPFICER (SENATOR WEAVER): I
15. Senator Johns. 1
Il6. SENATOR JOHNS:
4 I17. Senator Nimrod I caught part of a second question I
l8. there but first, 1et me say, this is probably the only I1
l9. . one I know of that reaches the age of 50. This is an1
20. aim to make the force much younger and to offer incentive I
I2l. for many of the people to enter into khis profession.
I22. It's a very strenuous occupation requiring holidays, j
23. Weekends, alertness, physical staminav and so forth. II
24. SENATOR NIMROD: I
25. All riqht. I don't happen to think that 50 is very II26
. o1d but that#s...I
27. SENATOR JOHNS: j
I don't either. I28.- I
29. PRESIDING OFFICER (SENATOR WEAVER):' j
3c. Senator Bruce do you have a questicn? Any further I
iscussion? On that question...the question ïs shall 13l. d
I32. SB 268 pass? And on that question the Secretary will
I11 the r' oll
. l33. Ca'
j
(LSU/2-73/2H)- 49-
#' . :
l SECRETARY: . '* .. .. $
I2. Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
3. Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewald, 14. Douqherty, Pawellz Glass, Graham, Harber Hall, Kenneth
5. Hall, Hynes, Johns, Keeqan, Knuepfer, Knuppel, Xosinski,;
6. Latherow, McBroom, Mccarthy, Merritt, Mitchler, Howard
7. Mohr, Don Moore, Netsch, Newhouse , Nimrod, Nudelmpn,
8. Ozinga, Palmer, Partee, Regner, Rock, Roe, Romano,
9. Sapersteinz
l0. PRESIDING OFFICER (SENATOR WEAVERI:
ll. Senator Romano.
l2. SENATOR ROMNNO:
l3. Mr. President, members of the Senate, originally
14. thc Pension Laws Commission did disapprove this bill.
15. But I think it was last week in committee this bill 1
16. was amended and now does have the approval of the
17. Commission. The old bill had a 20 year, I believe
l8. at 50, and we amended to 25 years at 50. Under this .
19. . amendment I would vote aye for the bill.
20. PRESIDING OFFICER (SENATOR WEAVER):
la1. Cnntinue the roll call.
22. SECRETARY:
a3. Saperstein: Savickasg Schafferr Scholl: Shapiror Smith,
24. Sommer, Soper, Sours, Swinarski: Vadalabene , Walker, Weaver, i25 Welsh, Wcoteny Mr. President.
26 PRES IDING OFFICER (SENATOR I'TEAVER) :
27 Senator...senator Rock aye. Senator Daley aye. Senator
2a Pawell aye. Senator Bruce aye. Carroll aye. Senator Bell ;
29 aye. Carroll aye. Senator Course aye. Senator Johns aye.
gc On that question there are 35 yeas and l nay. SB 268 '
a1 having recçived the constitutional majority is declared
a2 Passed. Senator Wooten. '
aa SENATOR WOOTEN:
Mr. President having voted on the prevailing side I
(LSU/2-73/2H)- 50-
'
. I1. mov: that vote be reconsideredo' .
2. PRESIDING OFFICER (SENATOR WEAVER): l1
3. Senatcr Wooten moves, havinq voted on the prevailing
4. side, moves to reconsider the vote by which SB 268 passed.
5. Senator Johns moves to lie that motion upon the Table.
6. A11 those in favor signify by saying aye. Opposed nay.
7. The motion carries. The motion is Tabled. It is the
8. intention to go until about 6:15 on Senate Bills 3rd
9. and then move to Resolutions and Motions. Senator Palmer
l0. 267. Senator Palmer.
ll. SENATOR PALMER:
12 SB 267 has...
l3. SECRETARY:
l4. SB 267 (Secretary reads title of b1l1)
l5. 3rd reading of the bill.
' 16. PRESIDING OFFICER (SENATOR WEAVER):
17. Senator Palmer.
18. SENATOR PALMER: ,
19. ' SB 267 provides Ehe extension from six years to eight '1
20. years the period of pension credit. Now this conversion plan I
21. will affect primarily judgesz the members o.f the General... I
22. Assembly. Therefore it is extremely limited and permissive !
23. and optional with the employer. Now this bill was approved II
24. by the Pension Commission and favorable approval of the I
a5. Pension Commitkee. And I ask for a favorable roll call. II
;6. And I1d ask Senator Shapiro to read the report on the I
z7. commission. II
2g. PRESIDING OFFICER (SENATOR WEAVER): /
z9. Is there any discussion? Any further discussion? II30 The question is shall SB 268 pass? ...267 pass? And on
31 that questïon khe Secretary will call the roll.
32.
Bartulis, Bellz Berning, Brucez Buzbee, Carroll, ' I33.
iI
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1 Chew, Clarke, Conolly, Course, Daley, Davidsoh, Donnewald,
2 Doughertyy Fawell, Glass, Graham, Harber Hall, Kenneth
3 Hall, Hynes, Johns, Keegan, Xnuepfer, Xnuppel, Kosinski,
4 Latherow, McBroom, Mccarthy, Merritt, Mitchler, Haward
5. Mohr, Don Moore, Netschz Nqwhouse: Nimrod, Nudelman, Ozinga, ,
6. Palmer, Partee, Regner, Rock, Rce, Romano, Saperstein,
7. Savickas: Schaffer, Scholl, Shapiro, Smith, Sommerr
g. Soper, Sours, Swinarski, Vadalabene, Walker, Weaver, Welsh,
9. Wooteny Mr. President.
10. PRESIDING OFFICER (SENATOR WEAVER):
l1. Senator Partee aye. Senator Johns aye. Senator
l2. Kunppel aye. Palmer aye. On thak question there are 39
l3. ayes and no nays. SB 267 having receâved the constitutional
14. majority is declared passed. Senator Mohr SB 267...276.
15. SENATOR MOHR;
16 yes Mr. presldent. sB 276 I'd llke to bring that
17. back and offer an amendment if I may.
18. PRESIDING OFFICER (SENATOR WEAVER):
l9. Senator Mohr has asked permission to bring 276
zc. back to the order of 2nd reading for the purpose of
a1. amendment. Is there leave? So ordered.
22. SENATOR MOHR:
a3. Now Mr. President 1:11 briefly explain the amendment.
24. This is the bill that deals with the appointment of a
a5. police or fire chief and this amendment would permit villageI26 managers Fho now make the appointments or the mayor to ,
27 continue to do so. And the second chanqe in the bill is,
28 the appointment of the chief of either dçpartment bhall
have, not Day, but shall have the consent of the council f29. E
- ac or board of directors. It would be mandatory to have
the entire board make the appointment. I move the :3l.
adoption.32. .
!PRESIDING OFFICER (SNEATOR WEAVER):33
.
Senator Mohrfs.o.moves th adoption of Amendment No. 2
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I
1. to SB 276. All in favor signify by saying aye. Upposed .
2. nay. The amendment is adopted. 3rd readfng. SB 280,
3. Senator Harber Hall.
4. SECRETARY:
5. SB 280 (Secretary reads title of bill)
6. 3rd reading of the bill. '
7. PRESIDING OPFICER (SENATOR WEAVERI:. J8. senator Hall.
9 SENATOR HARBER HALL: '
l0. Mr. President this bill simply clarifies the statutes
l1. in several places in regards to the ffling of cconomic
l2. interest, the ethic statement. I think it will make it
l3. clear for those fn the future who are fflâng for public Jl4. offices at a1l levels exactly what they have to do and
15. ...and make their filing comply wïth the intent of the
16. eithics and the.o.the other requirements in the Election 117. Code and the Sehool Code and Governmental Ethics Act. j18. I know of no opposition. I solict your support.
l9. PRESIDING OFFICER (SENATOR WEAVER):
20. Senator Sours.
2l. SENATOR SOURS:
22. Mr. Presidenk I just havm one question. Specifically
23. Senator what does this bill do? Seems to me I've only
24. heard about iE. I haven't had a chance to examine it
25. carefully. .
26. PRESIDING OFFICER (SENATOR WEAVER):
27. Senator Hall.
28. SENATOR HARBER HALL:
29. Senator this is, as youdre familiar with, when a
3c.. candidate for local government ffles hïs ethic statemenk, vhâcl
3l. he must do, he does not alwayswo.heïs not required to file it in
32. all cases with the person who he must file his application for
aa office with. Often times he has to file...Hels required to file it 1
.- 53-.
1. with the County Clerk but he doesn'k file his petitions
2. for office with Ehe County Clerk. This simply says '
3. that when he does file his ethic staEemenk that he has
4. ...he gets a receipt for filing his ethic statement so
5. that when he dons file his petitions far office and his
6. application for office with the petitions with a unit
7. of local government or the Cïty Clerk or whoever it may
8. be, he can also file this receipt showing that he has
9. complied with the Ethics LaW and that his petitions for
l0. office are properly meeting the requirements of the Ekhics Code. 1l1. PRESIDING OFFICER (SENATOR MOHR):
12. Senator Sours does that satisfy you? Senator Wooten.
l3. SENATOR WOOTEN:
l4. Will the sponsor yield for a question?
l5. PRESIDING OFFICER (SZNATOR MOHR):
l6. He indicates he will.
17. SENATOR WOOTEN:
l8. Does this have the effect then of requiring khat
l9. you can't get your nominating papers in unless you have this
2û. receipt or unless you are filing...statements concurrently?
21. PRESIDING OFFICER (SENATOR MOHR):
22. Senator Hall.
23. SENATOR HARBER HALLJ
24. Well, you would be able to file but theo..the proper
25. officer to receive your petitions for office and candidacy
26. for office would be required to state that you hadn't fulfilled
27. the requirements of the Ethics AcE because ycu had not filed
28. your statement of economic interest. With the receipt from
29. the County Clerk that you had then they would be properly
3Q. filed.
31. SENATOR WOOTEN:
aa In other words the County Clerk must 1et you know that
aa there's something missing? Is that it?
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< ' a: *
I
Iz SENATOR HARBER HALL)* I
2 ...When you file with khe County Clerk, if he is I* ..' . . I
he.btlice which properly receives your petitions I3. not t. L.
4 for offlcee he simplv savs.w.he doesn't look ït over to* ' *' * œ . I
s. see if it's properly filled out. He just accepts it and '
6. gives you a receipt that it has...that a..pan ethic1
7. statement has been filed with him. I
8. PRESIDING OPFICER (SENATOR MOHRI) '
9 Senator Wooten. II
1p. SENATOR WOOTEN: I
11. We talked abouk this in your earlier bill that the 'I
l2. real problem is to...is to have someone tellinq him. The I
' aa. candidate goes to file his nominating papers and the County ,
14. Clerk or someone who should be# I thought, required to tell 'I
15. him you donlt have your eithic statement in or where is I' j
z6. the receipt for ethic? Is that what this accomplïshes? f
PRESIDING OFFICER (SZNATOR MOHR): 1l7. I
18. Senator Rock. I' 1
z>. SENATOR ROCX/: ?Iao. Well Mr. Presidentz Members cf the Senate, the onlyI
21. provision of khis amendment, which I don't particularly I!
22 like and stand opposed to, says that if in fact this ,
,3 receipt saying I have in fact filed my disclosure state-I
:4 ment or the disclosure statement itself does not accompany !I
petitions for nomination, the petitions are void and25. 7
invalid. Now under the present Ethics Lawe let's 126. I
assume there are 20 days within which one mighk file I27.
Inominating petitians. Under the present EEhic Law it j28
.
seems to me that we have until, or a candidate has until '29. I
day 20 within which to file his ethic statement. Assume !30.
Ihe's filed his nominating petitions 6n day 1 so that he I3l
.
can be first on the ballot and there are in fact 10 '32. I
or 20 days open. He has until day 10 or day 20 within I33.
- 55-
1. which ko file his ethic statement. This makes no I' I
2 provision for that. If I don't file this receipt I
or my disclosure act the minute I file or accompany '3.
4. my nominating petitions those petitions are void '
s. and invalid. And I think that's a little...I...I '
6. donft think that's what you fntended but that's what '
7. this says. For that reason Ifm aqainst this.
8. PRESIDING OPFICER (SENATOR MOHR):
9 Senator Berning. Any further discussion? Senator Nimrod.
l0. SENATOR NIMROD:
l1. This bill seems to be getting to the problem where we...
12. when we havs candidates we are forcing the Counky Clerks,
l3. in the case of county offices or loeal offices, to furnish,
I14. receipts and we are then requiring those receipts then to be
15. furnished when you file your petitions. Well, it's the '
16. duty of the Election Board to determine whether or not JI
17. petitions. are qualified or not, based on a challenge. And !I
1:. I think what wefre doinq is gekting involved to what was IIl9. related here a few weeks ago, and that uas spoon feeding 1
' (20. candidates. I think we have set up laws and I don't think II
2l. we have to put the restrictions on those laws in order II22. which to make the person qualify, remind him of what's II
a3. required. I know khat's a new act. We did make some lI24. emergency provisions here to take care of it for the onç 1125. year. Now kedre making provisions ko lock it in so that II26. there's no way they can miss out on performing a provision I
' fa7. . which is stated in the law. If we were to do this with II
ag every law we had the job would be endless and we'd certainly. I
:9 never get anywhere.
' ac PRESIDING OFFICER (SENATOR MOHR):I
. . .Fawell.31. I
. . ISENATOR FAWELL:32. i
Weil, 1...1 think khis is reasonable legislation for one 133.
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11 . : .
1. reason and that is that many of'our people in.local
2. QOVOrDRODY SYi11 are nOt aWare Ehat Our Constitukion
3. has a...a very fatal clause insofar as, well, al1 local
4. government is concerned. And that is if they do not
5. actually have this ethic statement on file theyo..theyfre
6. ineligible and there's nothing you can do about it. I j
7. think wedre doing a favor if we make it clear that they
8. can't file the petition for nomination at least at that I
9. time and if thedeadline hasn't qone by they can go back
l0. and fulfill their.m.their commitment But I think you
ll. will find right now khat newspapers a11 over the State
l2. are once again reporting that many, many people in our
l3. various local governmental entlties are ineligible and
14. there's nothing that we can do about it. The Constitution
15. is a self-executing document and has been so held by
l6. the Attorney General's Office so that anyone who goes
l7. ahead and files a petition for nomination and does not
l8. have the ethics statement on file in the County Clerks
l9. ' Office or in a skate wlde position, the same thing insofar
20. as the Secretary of Statels Office is concerned or
21. anybody who's holding office. So that right now T think
22. youlre finding that many, many people throughout the
23. State did not, by April 30th file kheir ethics statement
i llmhesi. So anything we can do I think to24. that is nc
25. let the people know that this is not simply a statutory
26. law youfre dealing with. It is the Constitution and itls
27. aelf-execuElng. And if you have not done it you're just
a8. out of the ball game. There's nothing that can be done
29. and at that point you are ineligible if youlre a nominee
ac. and if youdre an inctlmhent you have forfeited your office.
:1 And it's just that simple. So khat itîs an extraordinary
z; remedy I think that we ought to be 'thinking about here. Anything
we can do to apprise the ncminees and the incumbents of what33.
- 57-
1. they have to do. I would not doubt that there's some
2. Legislator who has failed, for instance, to file his
3. ethic statement prior to April 30th. That Legislator,
4. if there's anyone, then wefve beenwvgwe've been pretty
%. well apprised, has forfeited his office. And the
6. mistake as you go farther down the line into local
7. government, youbll find hundreds and hundreds of local
8. government incumbenks who now have forfeited their
9. office because as of April 30th they 'simply did not
l0. have the ethic statement on file. So I think this
1l. legislation is reasonable.
l2. PRESIDING OFFTCER (SENATOR MOHR):
l3. Any further discussion? The question is shall SB 280
l4. pass? And on that question the Secretary will call the roll.
15. I'm sorry, Senator Hall do you want to sum up?
l6. SENATOR HARBER HALL:
l7. ...Thank you Mr. President. This is a simple bill
l8. and the procedure in it is relatively simple. It will
l9. not require decision making by the County Clerks, or by
20. City Clerks or by Township Clerks. Al1 it does is insure
21. that wherever someone files someone has been able to say
22. to them, don't forget your ethic statement. I canet receive
23. your petition for office without an ethic statement. Now
24. whether that's to be filed in...w1th the County Clerk or
25. with the Secretary of Stateo.othe candidate at that time
26. will know, since he hasn't one and has been told he hasn't
a7. one, will know to check on it and find out. I don'to..ikîs
28. no surprise to us that somebody needs to tell us. We got
29 a letter from the President of khe Senate reminding us that
3c ekhie statements had to be filed by a certain date. They did
ay ...al1 the House members did and I would presume all the offices
under the Executive Were reminded. Buk ih the case of people32.
ing for local office at the local levele they have no onerunn33.
- 58-
1. to tell them unless when they file somebody points
2. out here's something you haven't done. You'll have
3. to 'do ït with the County Clerk and get a receipt,
4. otherwise I can't consider your application for
5. office as valid. I would like a favorable roll call
6. if I may.
7. PRESIDING OFFICER (SENATOR MOHRI:
8. The question isr shall SB 280 pass? And on that question
9. the seeretary will call the roll.
l0. SECRETARY:
l1. Bartulis, Bell, Berning, Bruce, Buzbee,
12. PRESIDING OFFICER (SENATOR MöHR):
l3. Senator Buzbee.
l4. SENATOR BUZBEE:
l5. Mr. President in explaining my vote on this bill,
l6. I'n a co-sponsor of the bill, and the reason I'm a
l7. co-sponsor is that it's my understanding of the bill
1B. that Ehis would require a receipt to be handed to the
l9. candidate when he turns his petition in to the ccunty
20. c'lerk or the Secretary of State. A receipt saying
21. that there is a financial disclosure statement on
22. hand. Either having been given to them with that
a3. petition or having been received prior. So kherefore,
24. I Vote aye.
25. SECRETARY:
:6 Carroll, Chew, Clarke, Conolly, Course, Daley,
:7 Davidson, Donnewald' Dougherty: Fawell, Glass, Grah am,
2g Harber Hall, Kenneth Hall, Hynes' Johns, Keegan, Knuepfer,
a9 Knuppel, Kosinski, Latherow, MeBroom, Mccarthye Merritt,
ac. Mitchler, Howard Mohr, DOn Moore, Netsch, Newhouse, Nimrod,
31 Nudelman, Ozinga# Palmer, Partee: Regner, Rock, Roe, Romano,
a2. Saperstein, Savïckas, Sehàffer, Scholl, Shapiro, Smith,
Sommer, Soper, Sours, Swinarski, Vadalabene, Walker: Weaver,33.
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1. Welsh, Wooten, Mr. President. . II
2 PRESIDING OFFICER (SENATOR MOHR): '* I
3. Senator Hall. I
4 . SENATOR (llARBSR) Llgïilxb :
5. 1'd like postponement of this bill please.
6. PRESIDING OFFICER (SENATOR MOHR):
7. The bill shall be put on postponed consideration,
8. SB 280. senator...president Harris.
9. SENATOR HARRIS:
10. Rr. President we have on the Secretaries desk, I
ll. don't know what the Senate Joint Resolution number 1s.
12. 48? 38? There is on the Seeretary's desk Senate Joint
*13. Resolution 38. The effect of this Resolution is to
l4. direck the Transportaticn Study Commission, which was .
15 mandaked under the provisions of Senate Joint Resolution
l6. 25: to evaluate the need.fpr a permanent Northeastern
17. Illinois Transportation Authority and a permanent policy
l8. for Mass Transportation Subsidy by the State of Illinois.
19. We've developed some serious problems in Ehat Commission .
20. of meeting *he mandated bill introduction date of 'II
21. tomorrcw: May l5. Senate Joint Resolukion 38 relaxes II
22. that mandate and provides the Commission an additional !1
23. week to work ouk some kechnical drafting problems in the
24. development of that very important legislation. Senator .I
J5. Partee, and the Democrat leadership, and the remaining '. I
I26 Republican leader...and the Republican leadership, join 4
I27. me in the co-sponsorship of this Joint Resolution whi ch I
I28 gives the Commission an additional Week to meei its l
I29 directive from the General Assembly to have the legislation II
gc prepared. I know of no one who opposes this but I would be' II1 happy to respond to any questions , othèw ise I would mcve3
. II
32 to suapend the rules for the immediate consideraEion and II
' jadoption of Senate Joint Resolution 38. I so move to suspend.33. J
(LSU/2-73/2H1
(
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j1. PRESIDING OFFICER (SENATOR MOHR): t2. ...president Harris moves to suspend the rules for
3. the immediate adcption of Senate Joint Resolution 38.
4. Is there leave? ...are suspended. ...Motion to adopt?
5. al1 those in favor signify by saying aye. Opposed?
6. Senate Joint Resolutinn 38 is adopted. Senator Dcnnewald.
7. SENATOR DONNEWALD:
8. Yes Mr. President..oif this is the appropriate time
9. ' for announcements I would like to announce that we have
1c. a Democratic caucus at 9:30 tomorrow morningg which should
11 be an hour before the regular Sessicn. And I presume. . .
12. or l assume that the regular Session is at 10:30.
l3. PRESIDING OFFICER (SENATOR MOHR):
14 The regular Session will be at 10:30. Caucus...
15 Democratic caucus at 9:30.
16. SENATOR DONNEWALD: '
That's right.17.
18. PRESIDING OFFICER (SENATOR MOHR):
19 Senator Shapiro.
2o. SENATOR DONNEWALD:
21 Sixth floor.
22. PRESIDING OFFICER (SENATOR MOHR): (az . Senator Shapiro.
24 SENATOR SHAPRIO:
25 Sir, on the Secretaries desk is Senate Joint Resolution
28 which I would like called. ' l26.:7 PRESIDING OFFICER (SENATOR MOHR):
Senate Joint Resolution 28 is on the calendar? It is28. . l
on the nwlendar? Senator Shapiro.29.
SENATOR SHAPIRO:30.
M/. President, members of the Senate, Senate Joint I3l.
tResolution 28 was approved unanimously by the Executive32.
ICommittee.. A1l it does is ask the Department of Mental j33.
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Hea1th to require that all State and State Licensed Private
Health Care facflities, including Day Treatment programs
for the mentally retarded insure that each resident or
patient participates ân a daily oral hygiene program
conducted by the institutional staff: khat each resident
receive an annual dental examinatïon as the 1aw now
requires, and that each resident receiye the necessary
minimum dental treatment required to eliminate activity
in the oral cavity, and that a copy of this Resolution
be forwarded to the Director of the Department of Mental
Hea1th. And I would urge the adoption of the Resolution.
PRESIDING OFFICER (SENATOR MOHR):
Senator Shapiro moves the adoption of Senate Joint
Resolution 28. Al1 those in favor...signify by saying
aye. Opposed. The Resolution is adopted.
SENATOR ROCK:
Mr. President and Members of the Senate on the
Secretary's desk l have today filed two motions in kriting
which I would like the Secretary to read so that they could
be properly journalized today. I would then ask leave of
this Body to defer action on these motions at the request
of some of the other Senate members until possibly Wednesday
or Thursday of this weekr whenever there is a time eonvenient
to the President.
PRESIDING OFFICER (SENATOR MORH):
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Is there leave? President Harris.
SENATOR HARRIS:
Well I think Senator Rocks motion which I believe
is in order but it ought to be expressed specifieally
rather than the abstract of Wednesday or Thursday. I think
the motion that y9u are laying.o.placing before the Senate
now oughk to be specific. Ahdo..on what bill is it that
you are acting now?
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PRESIDING OFFICER (SENATOR MOHR):
Senator Rock I believe the motion should be read
firsE.
SZCRETARY:
(SXCRETARY READS MOTION IN WRITING)
PRESIDING OFFICER (SENATOR MOHR) :
Senator Rock.
SENATOR ROCK;
Yes Mr. President, members of the Senate, SB 934
addresses itself to the question of branch banking. I
would ask leave of this Body to move that this...hearing
on this motion and its companion motion dealing wïth
SB 935 be deferred until Wednesday of this week, if thatls
alright.
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PRESIDING OEFICER (SENATOR MOHR):
Senatoro..senator Clarke.
SENATOR CLARKE:
I%d just like to make one thing perfectly clear
while we're discussing this. I understand a letter
went' out to a1l the bankers indicating khat Senator Rock
and I were going to make this motion jointly. And I
want to make it perfectly clear that I am not joining
in this motion and Iîm going to have a few words to
say about the manner in which my name was lent to the
sponsorship of this bill when the motion is argued.
PRESIDING OFFICER (SENATOR MOHR):
1911 have the Secretary read the other motion.
SECRETARY:
Motinn in writing...
PRESIDING OFFICER (SENATOR MOHR):
Excuse meo.vpresident Harris.
SENATOR HARRIS:
We11.I think we ought to dispose of the motion before
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us now and it seems ko me that under our rules wedve
qot khree eonsiderations now. And that is to deal
with the motion Senator Rock has had read now, or
seek unanimous consent and if there is objection to
that then for him to make a motion to suspend the rules.
Now I'd like to have the Chair rule on that evaluation
of how to dispose ffrst of the motfon relating to SB 934.
PRESIDING OFFICER (SENATOR MOHR):
Senator Rock.
SENATOR ROCK:
Well, Mr. President I don't mean to disagree with
Senator Harris but it seems to me that in the past when
one files a motion in writing and asks that it be journalized,
one has had in the past the opportunity to defer or
postpone that motion to a date certain. See we have
to...I'm just trying to cover my...935 was reported
out of that committee Do Not Pass. I have one
legislative day which is today to journalize that
motion and ask that it be postponed to a date certain
so that everybody's aware that it's there and we can. . .
everybody's ready to go on it.
PRESIDING OFPICER (SENATOR MORH):
President Harris.
SENATOR HARRIS:
Im..personally I do not intend to object but I
just think that the menbers of the Senate ought to know'what is being done and I said khere are three options
open to us now. 0ne to deal with the questionwwthe question
youdve placed before us immediately or to seek unanimous consent
and ïn the absence of that to move to suspend the rules. Nov
I personally am not going to object. ...But I just..mweall know that this is an issue that has critical concern
for lots of us and we have had a1l kinds of communication
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on it and I think that there ought to be a clear under-
standing of what is involved.. I personally believe,
dealing with it on Wednesday is acceptable and makes sense
but 1...1 .would hate for people to have this issue further
confussed by an adoption on the basis of unanimous consenk.
This provision and then people subsequent to ii saying I
didn't realize that was what was involved.
PRESIDING OFPICER (SENATOR MOHR):
Senator Partee.
SENATOR PARTEE:
Well I think, as far as I can remember here in the
Senate, whenever a member files such a motion the motion
was at the option of the member as to the time of hearing.
So long as that was consistent with and not upsetting to
the regular Calendar. And I've never heard members express
themselves in terms of desiring that theo..matter be dealt
with immediately if the sponsor didn't desire it. The
courtcsy is and the mandate is to file the motion one
leqislative.e.on the next legislative day which he has
done and then he's indicated that he'd like to...
PRESIDING OFFICER (SENATOR MOHR):
e . opresident Harris.
SENATOR HARRIS:
Well, I think you are talking about a siEuation
where a bill has been reporked unfavorably. Welre dealing
noW with 934 on which Ehere was no definikive acEion in
the committee and it remains in the committee. The motion
to discharge committee, in my judgement is..ois in order
at any time. So We really are talking about that
question now. Not the embargo on Senator Rock to take
action as regards to 935 on the next legislative day.
He's under that restriction as relates to 935. 934
did not have decisive action by the committee and remains
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1. in the Committee. So there is the distinction between
the two bills.
SENATOR PARTEE;
There is, of course, that technical distinction?
The only that makes sense to me isy sense they are
companion bills that they be dealt with together. Thatls
khe only thing I'm suggesting.
SENATOR HARRIS:
No, they deal with different subjects.
PRESIDING OFEICER (SENATOR M0HR):
They are two separate bills and two separate
subjects. Senator...
SENATOR ROCX:
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How..ohowsoever the Chair feels it should put the
queskion let's get to it. I would ask unanimous consent
that this motion be journalized tcday and be postponeduntil Wednesday.
PRESIDING OPFICER (SENATOR MOHR):
Senator Rock is asking that...that consideration on
SB 934 be journalized today. And acted upon Wednesday.
Is there leave?
SENATOR ROCK:
Now, Mr. President, I would ask that we deal with
the second motion in writing which relates to SB 935.
PRESIDING OEFICER (SENATOR MOHR):
Just...just one minute. Senator Merritk.SENATOR MERRITT:
Well, Mr. President, don't believe that's been
disposed of and it's true. We're dealing with completely
two different ïssues here. You can't call them companion
bills in anyway. 934 is branch banking, 935 is holding
companies. Now I don't have any objection to what youlre
trying to do here, Senator Rock, as to your method. I have
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objection but then as to the meihod I think it's probably
correct. And if youlre seeking unanimous consent
for that and if I understand it correctly till Wednesday,
and it must be dealt with on Wednesday. Is that my
understanding, Mr. President?
PRESIDING OFFICER (SENATOR MOHR):
That is what Senator Roêk is asking for.
SENATOR MERRITT:
Is that correct, Senator Rock? It Will be dealt
with Wednesday? As relates to the only bill before us
right now...I mean the only moticn before us right now
on 934?
PRESIDING OFFICER (SENATOR ROCK):
Senator Rock.
SENATOR ROCK:
Well, yes...yes that is yhat 1 am requesting. Now
you..wyou know as well as I that it happens in this Chamber
at some point that on a particular legislative day things
happen and we don't get to certain orders of business.
would request that it be done Wednesday. I will not seek
to postpone it. Ok?
SENATOR MERRITT:
Thatês..othat's good enough for me. Welll get to it.
PRESIDING OFFICER (SENATOR MOHR):
President Harris.
SENATOR HARRIS:
Mr. Presïdent, I might further say that unless sömeone
objects I will give my assurance that this motion will be
dealt with on Wednesday.
PRESIDING OFFICER (SENATOR MOHR):
Is there any objeckions? a.-hearing no objection
i11 be heard on Wednesdiy on Senate Bill 934the motion w .
And on SB 935 do you have a motion on thak Senator Rock?
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. l1. SENATOR ROCK:
2. I do. I have filed a motion in wrifing on...it
3. relates to SB 935. Asking that this be taken from the
(. Table and placed on the order of Senate Bills on 2nd
5. Reading. Mr. President and members of the Senate, I .
6. would ask unanimous consent or leave of this Bcdy to
7. also defer action and postpone this motion till Wednesday
8. at the same time.
9. PRESIDING OFFICER (SENATOR MOHR):
l0. IS there leave? Senatcr Merritt.
11 SENATOR MERRITT:
l2. I have no objection to that again with a full
l3. understanding of Senator Rock. Ik will be dealt
14 with as Senator Harris has pointed. We will get to
15 that on Wednesday. I personally would not have any
16. objection. That doesn't preclude any others that might17. have. .
18. PRESIDING OFFICER (SENATOR MOHR):
19. Hearing no objection, Senator Rock's motion for
20. SB 935 will be heard on Wednesday. Senator Glass.
a1. SENATOR GLASS:
22. Mr. President and Senators, a reminder that Diamond 4
aa. at Lincoln Park is reserved for soft ball practice immediately '
24 after adjournment.
25. PRESIDING OFFICER (SENATOR MOHR):
26 Senator Weaver.
SENATOR WEAVER:27.
Mr. President there will be a Republican Caucus28.
at 9:00 in the morning in M-1.29.
PRESIDING OFFICER (SENATOR MOHR):30.
. . .please be in their seats. We have one Death31.
1Resolution. .32.
SECRETARY :33.
Senate Resolution 155 by Senator Shapiro and Roe.
(Secretary reads Resolution)
(ILc/2-7 3/5M) '
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PRESIDING OFFICER (SENATOR MOHR) :
2 . Senatgr Shapiro .
3 . SENATOR SHAPIRQ :
4 . Mr. P.resident # I would like unanimous consent of
5. the Senate for the suspension of the rule's for Ehe
6. immediate consideration of this Resolution.
PRESIDING OFFICER (SENATOR M0HR):
8. senaEor Shapiro moves for the suspension of the
9. rules. Is there leave? Senator Shapiro now moves the
l0. immediate adoption of the Resolution. A1l those in
ll. favor please rise. The Resolution is adopted. The
l2. Senate stands adjourned until 10:30 tomorrow morning.
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