mission. with no objectionshearing no objections, leave is · mission. with no objections...hearing...

38
82ND GENERAL ASSEMBLY REGULAR SESSION JANUARY l5, 1981 1 1. 2. 3. 4. 5. 6. 7. 8. 9. l0. 1l. l2. l3. l1. l6. 17. lB. l9. 2l. 22. 24. 25. 26. 27. 28. 29. 30. 3l. 32. 33. GOVERNOR THOMPSON: The Senate will please be in order. Permission to film the proceedinw enaay has been requested. The Chair has granted per- mission. With no objections...hearing no objections, leave is granted to film. Will the Senate come to order for the morning prayer. Chair is pleased to recognize a distinguished resident of the Springfield community, and a distinguished Fastor of the State of Illinois to give the morning praver. It is especially appropriate, I think, that Reverend Shoultz is with us this morning, since we meet on the birthday of the late Doctor Martin Luther King, Jr. and pay honor to his memory by doing the peoplesf business on this day. Doctor Shoultz. REVEREND SHOULTZ; Prayer given by Reverend shoultz ) GOVERNOR THOMPSON: Mr. Secretary, please take the roll for attendance. ACTING SECRETARY: MR. FERNANDES Beckqr, Berman, Berning, Bloom, Bowers, Bruce, Bruce, Buzbee, Buzbee, Carroll, Carroll, Chew, Chew, Coffey, Collinsr Collins, D'Arco, DîArco, Davidson, Dawson, Dawson, DeAngelis, Degnan, Demuzio, Donnewald, Egan, Egan, Etheredge, Friedrland, Geo-Karis, Gitz, Grotberg, Hall, Johns, Jeremiah Joyce, Jeremiah Joyce, Jerome Joyce, Keats, Kenty Lemke, Lemke, Mahar, Maitland, Marovitz, Marovitz, McLendon, McMillan, Nash, Nedza, Nega, Netsch, Newhouse, Nimrod, Ozinga, Philip, Rhoads, Rock, Rupp, Sangmeister, Savickas, Schaffer, Shapiro, Simms, Sommer, Thcmas, Totten, Vadalabene, Walsh, Washington, Washington, Weaver. GOVERNOR THOMPSON: Senator Collins. Record 'Senator Collins. Senator Carroll. Record Senator Carroll. Any other Senator not recorded, desires to be recorded? Senator Bruce. Record Senator Bruce. Senator Joyce. Record Senator Joyce. On the attendance roll callr Senators are present. We have a quorum. The next order of

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82ND GENERAL ASSEMBLY

REGULAR SESSION

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GOVERNOR THOMPSON:

The Senate will please be in order. Permission to film the

proceedinw enaay has been requested. The Chair has granted per-

mission. With no objections...hearing no objections, leave is

granted to film. Will the Senate come to order for the morning

prayer. Chair is pleased to recognize a distinguished resident

of the Springfield community, and a distinguished Fastor of the

State of Illinois to give the morning praver. It is especially

appropriate, I think, that Reverend Shoultz is with us this

morning, since we meet on the birthday of the late Doctor Martin

Luther King, Jr. and pay honor to his memory by doing the peoplesf

business on this day. Doctor Shoultz.

REVEREND SHOULTZ;

Prayer given by Reverend shoultz )

GOVERNOR THOMPSON :

Mr. Secretary, please take the roll for attendance.

ACTING SECRETARY: MR. FERNANDES

Beckqr, Berman, Berning, Bloom, Bowers, Bruce, Bruce, Buzbee,

Buzbee, Carroll, Carroll, Chew, Chew, Coffey, Collinsr Collins,

D'Arco, DîArco, Davidson, Dawson, Dawson, DeAngelis, Degnan, Demuzio,

Donnewald, Egan, Egan, Etheredge, Friedrland, Geo-Karis, Gitz,

Grotberg, Hall, Johns, Jeremiah Joyce, Jeremiah Joyce, Jerome

Joyce, Keats, Kenty Lemke, Lemke, Mahar, Maitland, Marovitz,

Marovitz, McLendon, McMillan, Nash, Nedza, Nega, Netsch, Newhouse,

Nimrod, Ozinga, Philip, Rhoads, Rock, Rupp, Sangmeister, Savickas,

Schaffer, Shapiro, Simms, Sommer, Thcmas, Totten, Vadalabene,

Walsh, Washington, Washington, Weaver.

GOVERNOR THOMPSON:

Senator Collins. Record 'Senator Collins. Senator Carroll.

Record Senator Carroll. Any other Senator not recorded, desires

to be recorded? Senator Bruce. Record Senator Bruce. Senator

Joyce. Record Senator Joyce. On the attendance roll callr

Senators are present. We have a quorum. The next order of

Page 2 - Jan. 15, 1981

1. business is the election of the Fresident of the Senate of the

2. 82nd General Assembly. Nominations are now open. Any Senator

). desire recognition? Senator Keats.

4. SENATOR KEATS:

5 Sorry about that, Mr. Governor/Mr. President. I would like

6 at this time to place in nomination for the Offiee of President

7 of the Senate, Doctor David C. Shapiro of Amboy.

GOVERNOR THOMPSON:8.

Excuse me, Senator Keats. Record Senator Berman present:9.

please.10.

SENATOR KEATS:ll.

Thank you, Mr. President. David Shapiro is our Republicanl2.

choice for President of the Senate because of his proven excellencel3.

not only as a Legislator when he's been named best.. Best Freshmanl4.

Legislator of b0th the House and the Senate, the only individuall5.

to do that, but also as his proven experience as the leader ofl6.

ouz Republican party. He's knam for his diligence as a.e.as a

Senator, and for his fairness to a11 members regardless of party.l8.

He will lead the Senate with the Republican prineipals of efficientl9.

government, concern for all, and limitations to the excesses of20.

government, and he'll run the Senate with fairnesa and eff+iency2l.

We,as Republicans,offer the name of our leader for candidate22.

for President of the Senate, Doctor David C. Shapiro. Thank you.23. '

GOVERNOR THOMPSON:24.

Senator Maitland, do you desire recognition?2b.

SENATOR MAITLAND:26.

Governor Thompson, Ladies and Gentlemen of khe Senate. I'm27.

proud to stand and second the nomination of the distinguished Senator28.

from Amboy. Doctor Shapiro, yes, has distinguished himself as a29.

fair leader in Ehis Illinois Senate. We enter a period where it's3Q.

necessary now more than ever to have strong unity. Doctor David3l.

Shaoiro can bring that unity to this Senate. I1m proud to support32. > .

and second the nomination of Doetor David Shapiro.33.

Page 3 - Jan. 1981

GOVERNOR THOMPSON:

Thank you, Senator. Senator Geo-Karis: do you desire re-

cognition?

SENATOR GEO-KARIS:

5. Your Excellency, and Presiding President Pro Tem of the

6. Senate, and Ladies and Gentlemen of the Senate. It is my pleasure

7. to second the nomination of a Gentleman who not only has been

g a distinguished Senator and House member, but also has an excellent

N war record, it reminds me of the hand of velvet- .or rather the

zc glove of velvet with the hand of steel. He's been fair and honorable,

hefs a man who keeps his commitments, and I am very proud to second1l.

the nomination of a wonderful Legislator, Senator David Shapirol2.

from Amhoy.l3.

GOVERNOR THOMPSON:l4.

Thank you, Senator. Senator Donnewald, do you desire to bel5.

recognized?l6.

SENATOR DONNEWALD:l7.

Only for the purpose of another nomination, Mr...Governor.l8.

GOVERNOR THOMPSON:l9.

ac Al1 right, Senator, go right ahead.

SENATOR DONNEWALD :

Gcvernor Thompsonz and members of the Senate. I stand before22.

you: my colleagues in the Senate today Eo place in nomination the23.

name of Philip J. Rock aé President of this Body It's an24.

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honor for me to make this nomination because I am firmly convineed25.

that Senator RockI.s re-election serves the best interest of the26.

people of the 55th District, the residents'of downstate Illinois,27.

and all of the people of Tllinois. Phil Rock has served as28.

President during diffieult political and economic times in the29.

State of Illinois, he has 1èZ this Chamber wiEh a firm yet30.

undersEanding and sensiEive hand. I believe the best General3l.Assembly...accomplished more for the people of this State than

32. .any Session which I have served. And Governor and members, I've

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1Page Jan. l5, 1981

been here for some twenty years. He has.- he has sponsored various

2. pieces of legislation in the inEerest of all, Workmen's Compen-

3. sation, Education funding. Senator Rock's diligent work on

4. behalf of a11 of the repidents of Illinois has led to the resolu-

tion of...difficult issues, and have plagued this Body for many

6 years. Each of you seated in this Chnmher today, should have

7 confidence that regardless of your position on issues, your

political philosophy, or geographic representation, you will8.

be treated with respect, fairness, and honesty in your efforts9.

to represent the people df your district under the leadershipl0.

of Phil Rock. It is at this time, Ladies and Gentlemen of thell.

SenaEe, place in nomination, again, the name of Phil Rock whol2.

will serve us well. Thank you.l3.

GOVERNOR THOMPSON:l4.

Thank you, Senator. Senator Jerome Joyce, do you requirel5.

recognition?l6.

SENATOR JEROME JOYCE:17.

Yes, Governor, thank you. Ladies and Gentlemen of the Senate.l8.

Before we look forward to what lies ahead in this, the 82nd Generall9.

Assembly, I ' would ask that we take a moment to look back, for20.

history is really the only ta/gible gauge that we have for the

future. And if we are honest with ourselves we will admit that

this Chamber has just concluded one of the smoothest, least23.

chaotic Sessionsin recent Illinois legislative history. And24.

before I continue any further, I'd like to take this opportunity25.

to thank Senator David Shapiro ànd the leaders and membership of26. ..

his party for their efforts to make this Chamber one of compromise27.

and effectiveness. We have, Ladies aY- GMG- of t%e Senate, experienced28. -

the most equitable of legislative Sessions, and that equity, that29.

fairness, that respect toward al1 members in each of their respective30.

programs, is a products...product of the efforts of the man l aM31.

supporting today for his second term as President df the Illincis32. .

Senate. I've given considerable thought to whether I should stand

Page 5 - Jan. 1981

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here Eoday and second the nomination of Philip Rock for...senate

President. My hesitancy was not bred . by any doubts of his

ability as a leader, for he is a leader in the pucest sense of the

word. But I realized that my nomination may nct sit well with

some of my constituencies because of Phil Rock's geographic base.

I have made my decision to second the nomination of Phil Rock

today because it is in the best interests of a11 of the people

of the State of Illinoià. Those of us who have had the privilege

to serve in this Body for more than just the 81st General Assembly

should take a moment to examine the climate of previous Sessions

of this Senate, and if we are honest with ourselves, we will admit

that our constituencies, and in particular, our constiEuencies

downstate have benefited from Phil Rock's presidency more than

any other administration. I wonft belabor my point, I'd ask

you to join me today in a unanimous election of a true public

servant for the people of the State of Illinois, and that's Senate

President Phïlip J. Rock.

GOVERNOR THOMPSON:

Thank you, Senator. Senator Savickas, do you desire re-

cognition?

SENATOR SAVICKAS:

Yes, Mr. President, and members of the Senate. Ladies and

Gentlemen, I rise to second the nomination of a Senator who has

shown great wisdomy and fairness his leadership. The Senate

has been the scene of several fierce battles over extremely

important issues confronting the future of Illinois, and it was

the shrewd diplomacy and capable leadership of Phil Rock who

helped resolve those issues. It was through Phil Rock's wisdom

and foresight that the diverse interests of Illinois has been

heard and will continue to be heard. Phil Rock' through his

leadership: has brought a distinctive touch of objectivity anddiplomacy :. to the Office of Senate President. Every Senator

here today knows, that as President, Phil Rock has shown strong

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and capable leadership. Every Senator knows that his tenure has

been good for the SEate, and has been good for the Senate. Every

Senator knows that Phil Rock has fought to protect the individual

rights of everyone of us as well as the Senate as a whole, and

every Senator knows that Phil Rock will continue to show such

qualified leadership skills in a second term as President. The

next two years promise to be a very memorable Period in Illinois'

history because the 82nd General Assembly will face the most

crucial issues in recent history. It's through this challenging

period that the skills of a proven leader are most required. There-

fore I urge that this entire Body re-elect a proven leader, our

leader Phil Rock. I stand proudly and with deep commitment to

second the nomination of Phil Rock to serve a second term as

Senate President.

GOVEDNOR THOMPSON:

Thank you, Senator. The Chair will observe the presence

in the gallery of many distinguished members of the House of

Representatives of Illinois who are welcome as our guests, and

it is the Chair's particular pleasure to recognize, if he is still

with us, the newly elected Speaker of the House of Representatives,

George Ryan of Kankakee. Speaker Ryan. Senator Carroll, do you

desire recognition?

SENATOR CARROLL:

Thank you. Yes, Your Excellency' Mr. President, and Ladies

and Gentlemen of the Senate. 1, too, rise to second the nomination

of the G/htleman who has served us as our Presidinq Officer these

past two years, and as our assistant leader for khe three Sessions

preceeding that. I believe that the people of Illinois, b0th within

and without this Chamber, b0th from the news media, public interest

groups and a11 of Ehose who have had the :ccasion of observing

khe General Assembly have always '/ccasionedDf; eall Phil Rock,

amongst the very brightest and the very best that this General

Assembly has ever offered to the pecple of the State of Illinois.

Page 7 - Jan. 1981

We on this side of the aisle,as well as our colleagues on the

2. okher, have always considered him to be a very strong partisan,

) a very strong Democrat, a working person for the Democratic

4 goals and very fair in that approach as a strong partisan. As

5 we heard yesterday from our colleagues on the other side of the

aisle, he is also known as a very fair gavel. He has Ereated that

Podium as President of this Chamber in such a fair and equitable7.

manner that I believe he deserves the earned respect of a11 of8.

the membership of this Senate, and even our colleagues in the9.

House in the way in which he conducted this Session with dignity,l0.

honor, fairness, and yes, streng th. He is a true leader, 1 thinkll.

we a11 recognize that. He is one of the most distinguished membersl2.

to have ever served in the General Assembly. He is a deservingl3.

Democrat, the Majority party, of the Senate of khe State ofl4.

Illinois, and I join in seconding his nomination because of b0thl5.

his ability as a member and as a Presiding Offiœ r and because of16.

his p eH ormance these past two years. I think he has shown tol7.

each and every member here, that this is the type of person wel8.

need to lead this Chamber of Ehis General Assembly, and I secondl9.

the nomination with great pride. Thank you.20.

GOVERNOR THOMPSON:

Thank you, Senator. Senakor Joyce, do you desire recognition?

SENATOR JEREIC AH JOYCE:

Thank you, Governor. Gov'ernor, I move that the Senate adjourn to24.

Tuesday, February 10th. I ask for a roll call.25.

GOVERNOR THOMPSON:26.

A11 right, the movement to adjourn is in order. Is there a27.

second? Senator Newhouse.28.

SENATOR NEWHOUSE:29.

Mr...Your Excellency, I second that motion, and would like to30.

explain why. I think that some of us who...wi11 w& t to attend the3l.

inauguration and somd...se'veral other things that will be coming32. .

up next week. I think it's equally x iqmrtant to sore Of us that33.

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today is Doctor Martin Luther Ka.ngls birthday. It's a birthday that

has some special significance in my community. And I was a little

surprised yesterday when we...when we zhose to meet on this day

in particular. rise to second that motion. I think we should

adjourn, get out of here and come back on Tuesday and take care

of business.

GOVERNOR THOMPSON:

You've heard the motion to adjourn until next Tuesday.

has been seconded. Senator Rock.

SENATOR ROCK:

I would mow to lie that xuon on the Tablev .Your Exoellenqy.

GOVERNOR THOMPSON:

Just a second. Motion to Table in its order...is in order,

and is not debatable. On that motion' the Clerk will call the

roll...the Secretary will call the roll, Irm sorry. The 'vote

is on the motion of Senator Rock to 1ie upon the Table, the motion

of Senator Joyce to adjourn until next Tuesday. sorry, Senator

Carroll.

SENATOR CARROLL:

Mr. President, a parliamentary inquiry.

GOVERNOR THOMPSON:

Yes.

SENATOR CARROLL:

Could you please advise us of the date of senator Jeremiah

Joyce's motion'? I donît believe it was next Tuesday, but sometime

in February.

GOVERNOR THOMPSON:

Senator Joyce,will you skate it?

SENATOR JEREMIAH JOYCE:

That's correct, February 10th.

GOVERNOR THOMPSON:

Febfuary 10th. A11 right. The vote..-the vote is now a vote

on the motion of Senator Rock to Table the motion of Senator Joyce

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to adjourn until February 10th, 1981, whieh the Chair will observe

is beyond the date that the Constitution allows one House to

adjourn without the consent of the other. The voting is open.

Voting Aye on this motion, is a vote to Table the motion to adjourn,

and to proceed with our business. A No vote on this motion is a

vote to then go to the motion to adjourn. The voting is open.

ACTING SECRETARY: ( MR. FERNANDES

Becker, Berman, Berning, Bloom, Bowers, Bruce, Buzbee, Carroll,

Chew, Coffey, Collins, D'Arco, Davidson, Dawson, DeAngelis, Degnan',

Demuzio, Donnewald, Egan, Etheredge, Friedland, Geo-Karis, Gitz,

Grotberg, Hall, Johns, Jeremiah Joyce, Jerome Joyce, Keats, Kent,

Lemke, Mahar, Maitland, Marovitz, McLendon, McMillan: Nash, Nedza,

Nega, Netsch, Newhouse, Nimrod, Ozinga, Philip, Khoads, Rock,

Rupp, Sangmeister, Savickas, Schaffer, Shapiro, Simms, Sommer,

Thomas, Totten, Vadalabene, Walsh, Washington, Weaver.

GOVERNOR THOMPSON:

Record Senator Buzbee as present and Aye. On this question

the Ayes are the Nays are 5. The motion is Tabled. The...the

Chair will observe the arrival of Senator Marovitz. Put Senator

Marovitz on the attendance roll call, please. Any other Senator

who has arrived since we have taken *he attendance roll call and

who has not been placed on the attendance? Senator Dawson. Put

Senator Dawson on the attendance roll call, please. Senator

Newhouse, do you desire recognition? For what purpose...

SENATOR NEWHOUSE:

Thank you, Tour Excellency. I do desire recognition for the

purpose of moving that we adjourn kill Thursdayzlanuary 22nd, which

would give us the opportuniky to observe this holiday, and also

give the Republican side the opportunity to observe the inaugural

eeremonies.

GOVERNOR THOMPSON:

Senator, I will say this to you, wedve the expression of

the Body...parliamentarian informs me that there being no intervening

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business, a second motion to adjourn is out of order. You're

out of order Senator, I'm sorry. Any other Senator desire

recognition? Well now, the next...we still have seconding

speeches open. Are there an'y othe/ seconding s s for Senator

Rock? Is there a motion to close nominations? Senator Walsh.

Sehator Walsh moves...senator.- by second...senator Geo-Karis

and Senator Rhoads to close the nominations. A1l in favor of

closing the nominations will say Aye. Opposed No. Nominations

are closed. Senator Newhouse, for what purpose do you arise?

SENATOR NEWHOUSE:

There having been interveninq business, I renew my motion.

GOVXRNOR THOMPSON:

A1l right, Senator what...would you state your motion again.

SENATOR NEWHOUSE:

My motion is that we adjourn until January 22nd, Thursday,January 22nd.

GOVERNOR THOMPSON:

Is there a second? Senator Collins seconds. A1l in favor

of the motion will say Aye. Opposed No. The motion is defeated.

Mr. Secretary, call the roll. Senator Carroll.

SENATOR CARRILL :

Could it be, Mr. President, under Robertîs which we are

opekating, that we could just have a division of the House bya standing of the Body, which is allowed under Robert's as

opposed to going thxpugh ùhl time consuming efforts of a roll call?

GOVERNOR THOMPSON:

Is that acceptable? Division of the Body, Senator Newhouse,

is that acceptable to you? He...withdraws his request. A11 right.

The nominations having been closed, the nominations are Senator

David Shapiro of Amboy, Senator Philip Rock of Oak Park. The

Secretary will call the roll of the Senators. Each Senator should

answer the roll by stating the name of the nominated candidate for

whom he is voting or he may vote Present. The vote of a majority

Page 11 - Jan. 15, 1981

of the members present and voting will be required to elect the

1. President. Open the roll.

2. ACTING SECRETARY: ( MR. FERNANDES

Becker...

4 GOVERNOR THOMPSON:

5 Just a minute. Senator Netseh. Senator Netseh.

6 SENATOR NETSCH:

Mr. President.7.

GOMERNOR THOMPSON:8.

Yes.9.

SENATOR NETSCH:l0.

I would just question khat ruling, it is completely1l.

contrary to everything that has been established as precedent andl2.

indeed to your own ruling of last Session, as I reeall. It is...13.

has required a majority of the Senators elected to the Senate, thatl4.

h'as been our practlce, at least, in the eighk years that I havel5.

been here, and I can recall, at least, two explicit rulings, andl6.

believe three to that effect.

GOVERNOR THOMPSON:l8.

A11 right, Senator, since the question has been raised, the19.

Chair will explain the basis for the ruling, and then I will treat20.

you statement as an appeal of the ruling of the Chair and we2l.

will proceed to that. Four years ago when I sat in this Body as22.

the temporary Presiding Officer, I was given a script to follow23.

by the Office of Senator Hynes, to recognize Senators for *he24.

purpose of nominating the seconding on b0th sides of the aisle25.

and to do the procedural business of the Senate, with which I26.

was unfamiliar. That script, as you correctly recall , Senator27.

Netsch, did carry the sentence that a vote of thirty Senators would2a.

be required. No queskion was raised at that time by any member29.

of the Body as to the correctness of that ruling. The Chair, an-30.

ticipating a controversy at this Session, has asked the advice of3l.

his counsel as to the correctness of the 1977 ruling that a con-32. .

stitutional majority is required to elect the President of this33.

Senate, and the Chair has concluded that that 1977 ruling or any

ruling like it is wrong for the following reasons. First, going

to Article IV, Section 6, of the Illinois Constikution, which

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governs the orqanization of the various Houses of the General

Assembly, Section 6, subsection A, states very clearly a majority

of *he members elected Eo each House constitute a cuorum. So,

is clear from Section 6 itself that the Constitutional Convention,

and thereafter the voters...required a...a constitutional majority

of thirty to have a quorum, and said so explicitly in khe Con-

stitution. In Ehat same section, Section on Orgâhization, the

Constitution specifically requires a vote of two-thirds of the

members elected to expel. a member. If you go on in the Legislative

Article of khe Constitution you will find, Senator Netsch, khat

each time that the Constitutional Convention decided to require

a constitutional or greater majority,thev said so explicitlv. Infact, Senator Netsch, recourse to the debates of the Constitutional

Convention will show, that in several different areas when there

was a prior rule of the Senate Statute or opinion...of the Attorney

General to the contrary, and the Constitutional Convention's desire

to change the size of the vote required,they did so e*plicitly by

overruling all of those other precedence. And I will furnish you

with those citations if you would desire to have them. That is as

to the Illinois Constitution. On the issue of what it- .is required

to elect the President of this Body, Section 6, as you will note

by reading it, is silent as to the required majority. It says

only, each House shall determine the rules of its proceedings,

judge the elections, returns, and qualifications of its members and

choose'its officers. There is no qociD ug majority in the phrase''chrse its officc s'.''' In the absence of a limitation in the

Constitution, in the absence of a limitation in a Statute, in the

absence of any pendinq rule of this Senate now in effect, it is the

opinion of the Chair that the Body has the right to conduct its

business by the vote ordinarily required to eonduct business

unless the Bcdy is otherwise limiEed and tha: vote, of course, is

a vote of the majority of the members present and voting. TheChair is further informed by counsel that this ruling is supported

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not only by Roberts but by the legislative version of Roberfs which

is Maèon's. And as I say, recourse to the debates of the con-

stitutional question, show no desire on the part of the constitutionall

question...constitutional Convenkion to change the majori*y required

to elect the officers of this House. But finally, Senator Netsch,

since I undersEand the position which I hold here, a sort of

constitutional intruder into the Chair for the specific purpcse

of convening and presiding until officers are chosen, and I would

not want any m-mher of this Body on either side of the aisle to

ever believe that I was acting simply on my own notion of what

the law required,even if I hold a strong personal belief that that

is the law, which I do. And so, Senator Netsch, I think you may

be comforted by the fact that we have found ahulllinois precedent

which goes directly to this question, it is an opinion of *he

Attorney General of Illinois: which the Constitutional Convention

of 1970 did not change, which has never been ehanged by the

Attorney General or overruled by any court, and is cohik6lling,

I believe, on the Chair and on this Body. On January 4th, 1955,

the Attorney General of Illinois, in response to a request by the

Secretary of State of Illinois, the Honorable Charles Carpe'niiqr,

gave the following adviqe,''you have requested me to advise you if

the Speaker of the House of Representatives may be elected by a

majority of those voting thereon, or if he must be elected by

a majority of the members elected to the General Assembly. In

answering your question, assume that a quorum is prescribed by

our Conytitutfon as present at the timel'' And then he goes on todiscuss the orgânizational provisions of the House which are in

powise different from the orqanizational provisions of this

Body. Here is his conclusionzdthe Speaker,thereforo being an

officer of the House. may be selected in such manner as t%e

House by its rules may prescribe. A requirement that the General

Assembly function by a majority of members of a House elected

is a limitation rather than a grant of poweru' And as I sa:', the

Page 14 - Jan. l5, 1981 'llr't--

1. Constitution has quite specifically limited the power of this

2. Body to take action when it is desired to do so by requiring a

eonstitutional or greater majority for various actions,' but.. is

4. silent on the issue of what majoriky is required to elect an5. officer, therefore, the opinion goes on,f'that limitation does

6 exïsk av e Oe D ssage of bills, as our present Constikution requi*es.

7 In the absence of specific limitation, and we have none, our

g General Assembly should be treated as having the same freedom

to organize itself and to elect its officers as does the9.

Congress of the United States and the Parliaments of Greatl0.

Britain. It is, therefore, my opinion, that a majority of thosell.

voting for Speaker will suffice to elect, unless the House, byl2.rule, should provide otherwise,'' and so Senator Netseh, thel3

.

Chair bases its opinion on its reading of the Constitution,l4.

its reading of the constitution4l debates, its readtng ofl5.

Robert'sz its reading of Masonfs, but most of all, on itsl6.

reading of khe explicit opinion of the Attorney General of

Illinois of 1955 which has never been withdrawn, modifiedl8.

or changed, either by the Attorney General, the Generall9.

Assembly, the Senate or the Constitutional Convention, which20.produced the Constitution of 1970. Now, with that explanation,

2l.I will treat your inquiry as an appeal of the ruling of the

22.Chair. Is there a second? Senator Rock.

23.SENATOR ROCK:24

.

I will most certainly second, but it has been a long25.

standing tradition in this Body and in tùe other Body that26.

a request for a recess for the purpose of a caucus is always27.

honored, and I so request.28.

GOVERNOR THOMPSON:29.

Well, Senator, I think we shouldv- we should finish30. .

business which is in the middle. 1'11 take your second...31.1'11 take your second.

32. .SENATOR ROCK:

33.1...1...1 do, in fact, second, but 1...1 appeal to your

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sense of equity and fairness that that kind of request in this

Body and in the other Body has never been denied on a partisan

basis.

GOVERNOR THOMPSON:

Just a second. The parliamentary procedure is as follows,

an appeal has been taken from the judgment of the Chair. It

has been seconded. It is a debatable question. It will reguire

a majority of those Senators present and voting to overturn' theruling of the Chair, as I think you will a11 agree. Senator

k has requested a...a recess. 'To a'ztime certaih Senator?Roc p

SENATOR ROCK:

Certainly.

GOVERNOR THOMPSON:

Senator Walsh.

SENATOR WALSH:

Mr...Mr. President, I wonder if we can dispense with the...

with the question at hand, namely the appeal from the ruling,

and then go to the...to the motion for a recess? And I would

so suggest.

GOVERNOR THOMPSON:20.

Senator Rock.

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SENATOR ROCK:

Well, again, that...that request, Senator Walsh, as you know,

is contrary to the long standing tradition as you and I b0th know

in both Houses by b0th parties. That kind of request simply has

never been turned down by any Presiding Officer of either party in

either House.

GOVERNOR THOMPSON:

Senator Walsh.

SENATOR WALSH:

A11 r'igh: . It 'probabl'y 'dobër t' hi'akW -fhit' mùdh diffgrerèçe whqthe.r we

resolve it before a recess or after a recess, I wasn't going to

oppose the recess. But I would suggest that it be limited to a

11

Page 16 - Jan. 15, 1981

period of thirty minutes, Mr. President.

GOVERNOR THOMPSON:

3. Senator Rock, the Chair is advised by the Parliamentarian

4. and also agrees that you are entitled to your request even in the

5. middle of the appeal. And the Senate will stand in recess until

6. twelve noon. I'm sorry, that's...that's...l'm looking at the wrong

7. clock, until eleven o'clock. Eleven odclock. A1l right, Senator.

8. SENATOR ROCK:

9 Well, that...that magic clock is not working, it is now a

lc quarter to eleven. Now, having worked on the third floor for

11 many years, and I know you havenlt, in fifteen minutes you can't

12 even get everybody in the same room.

Ia GOVERNOR THOMPSON:

4 Eleven f i f teen , Senator?l .

l 5 SENATOR ROCK :

l6. I would suggest eleven-thirty, Sir, if that's agreeable to

17 Senator Walsh, et al.

lg GOVERNOR THOMPSON:

19 Agreeable? Eleven-thirty.

ao SENATOR ROCK:

21 Thank you, Sir. We will meet in...anybody who wishes to, wedll

22 meet in my office immediately.

aa GOVERNOR THOMPSON:

24 Senator Weaver. Hold on just a second. Senator Weaver.

SENATOR WEAVER:25.

Thank you, Mr. Prësident. I1d like to request a Republi*an26.

caucus at the same time. Reconvene at eleven-thirty?27.

2: GOVERNOR THOMPSON:

a: Reconvene at eleven-thirty. Republican and Democratic caucuses

a; requested. Leave granEed.

RECESS3 l .

2 AFTER RECESS3 .

GOVERNOR THOMPSON :33.

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The hour of eleven-thirty having arrived Ehe Senate is

reconvened. Will a1l Senators be present and in their chairs.

The hour of eleven-thirty having arrivedythe Senate is reconvêned.

The Chair rawests the presence of all Senators, present and in

their chairs. The hour of eleven-thirty having been passed, the

Chair ro u ts the presence of al1 Senators to be present and in

their chairs. The Senate having reconvened, the issue is, shall

the decision of the % ir...% e' decision of the Chair was that

a majority of those present and votinq was required Eo elect

a President. The issue now is, shall the decision of the Chair

stand as the judgment of the Senate. And on that issue theClerk will call the roll. Senator Walsh, do you desire to be

recognized?

SENATOR WALSH:

Mr. Fresidenty I request that debate on this question be

limited to two minutes per Senator.

GOVERNOR THOAG SON:

You've heard the motion of Senator Walsh, that debate on this

issue, which is an appeal of the Chair be limited to two minutes!

per Senator. Is that...is there a second to that? A11 in favor

say Aye. Opposed No. Motion carries. Debate shall be limited

to two minutes by each Senator. Senator Netsch to open the debate.

Senator Rock, for what purpose do you arise?

SENATOR ROCK:

Well, 1...1, frankly, kind of wished I would have had the

opportunity to address myself to Senator Walsh's motion.

GOVERNOR THOMPSON:

Senator Walsh's motion, Sir, is not debatable.

SENATOR ROCX:

To limit debate is not debatable?

GOVERNOR THOMPSON:

Yes, exaetly.

SENATOR ROCK:

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To limit M te O ues? Can we...1 was. gooè'to sug#ést...for one * u'v .GOVERNOR THOMPSONZ'

Senator Walshfs moEion, Sir, is not debatable. It has been

seconded...

SENATOR ROCK:

Can I amend his motion to one minute or five minutes...

GOVE RNOR THOMXSON:

It has been passed. Senator Rock, Iîm sorry, but his motion

has been passed. Senator Netsch is in orderp on her appeal from

the judgment of the Chair. Two minutes Senator Netsch. Mr.

Secretary put the timer on.

SENATOR NETSCH:

Mr. President, thank you. First of all, I would like to

call attention to one matter that I think is of some importance.

I would repeat a reference to an Article that I think you called

our attention to this morning on the organization and provisions

that relate to the General Assembly. 6A of the Illinois Con-

stitution says that a majority of the members elected to each

House constitutes a quorum.' I am standing over here, right now,

and I admit my eyesight may not be the best, see no Democratic

Senator here except myself and Senator Rock who probably won't be

here very long. And I suspect that there are some Republican

Senators who may not presently be on the Floor. In any event,

I question the presence of a quorum, and I ask for a roll call

of the Body, before we proceed with any other business. And

since this Body cannot proceed with any business in the absence

of a quorum except, of course, a motion to adjourn, under any

rules of procedure. I insist upon your determining whether or

not there is a quorum by a call of the Senate.

GOVERNOR THOMPSON:

The Chair observes a quorum is present. But 1'11 be delighted

to call the roll, that's what you want. The Chair does observe

that a quorum is present. But if you want me to call the roll,

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1Page 19 - Jan. 1981

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I will. A1l right, call the roll on a quorum.

ACTING SECRETARY: ( MR. FERNANDES )

Becker, Berman, Berning, Bloom, Bowers, Bruce, Buzbee, Carroll,

Chew, Coffey: Collins, D'Arco, Davidson, Dawson, DeAngelis, Degnan,

Demuzio, Donnewald, Egan, Etheredge, Friedland, Geo-Karis, Gitz,

Grotberg, Hall, Johns, Jeremiah Joyce...

GOVERNOR THO>GSON:

Mr. Secretary, the Chair observes that the mover...nor the

question of the quorum has left the Floor, and so, her request

is now out of order. Stop the roll call. I'm sorry, she's come

back. Continue the roll call for as long as she remains on the

Floor.

ACTTNG SECRETARY: ( MR. FERNANDES

Johnsy.leremiah Joyce, Jerome Joyce, Keats, Kent...

GOVERNOR THOMPSON:

You can be recognized at the conclusion of the roll call,

Senator. Continue.

ACTING SECRETARY: MR. FERNANDES

Lemke, Mahar, Maitlandr Marovitz, McLendon, McMillanr Nash...

GOVERNOR THOMPSON:

Mr. Secretary, stop the roll call, it is out of order. The

questioner nœ the quorum has left the Floor, the motion is out

of order. We return to the main question, the question before

this Body is, shall the decision of the Chair stand as the judgment

of the Senate. Does any Senator desire to be recognized for the

purpose of debate? The Chair seeing none, Mr. Secretarvycall the

roll on the issue of the decision of the Chair. A vote Aye, is- ' ' h7 the Chair. A vote No is a vote to overrulea vote to sustài ,

the Chair. Call the roll.

ACTING SECRETARY: ( MR. FERNANDES )

Becker, Berman, Berning, Bloom, Bowers, Bruce, Buzbee, Carroll,

Chew, Coffey, Collins, D'Arco, Davidson, Dawson, DeAngelis, Degnan,

Demuzio, Donnewald, Egan, Etheredger/Friedland, Geo-Karis, Gitz,

Page 20 - Jan. 1981

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Grotberg, Hall, Johns, Jeremiah Joyce, Jerome Joyce, Keats, Kent,

Lemke, Mahar, Maitland, Marovitz, McLendon, McMillan, Nash, Nedza,

Nega, Netsch, Newhouse, Nimrod: Ozinga, Philip, Rhoads, Rock, Rupp,

Sangmeister, Savickas, Schaffer, Shapiro, Simms, Sommer, Thomas,

Totten: Vadalabene, Walsh, Washington, Weaver.

GOVE RNOR THOMPSON:

On that question, the Ayes are 29, the Nags are ncne. The

Chair has been Esustained... Under the Constitution, laws, statutes,

opinions' and procedures of Ahe State of Illinois, this Body has

by vote, declared it to be Ehe rule of this Senate, thdt a

Presiding Officer may be elected by a majority of those presentand voting. Since nominations are cloàed, we will now proceed to

the roll call for the election of the President of the Senate.

Mr. Secretary, eall the roll.

ACTING SECRETARY: ( MR. FERNANDES

Becker, Becker votes Shapiro. Berman, Berman. Berning.

Berning votes Shapiro. Bloom. Bloom votes Shapiro. Bowers.

Bowers votes Shapiro. Bruce' Bruce. Buzbee, Buzbee. Carroll,

Carroll. Chew, Chew. Coffey. Coffey votes Shapiro. Collins,

Collins...

GOVERNOR THOMPSON:

The Chair notes the... presence of Senator Savickas.

ACTING SECRETARY: MR. FERNANDES

D'Arco, D'Arco. Davidson. Davidson votes Shapiro. Dawson:

Dawson. DeAngelis. DeAngelis votes Shapiro. Degnan, Degnan.

Demuzio, Demuzio. Donnewald, Donnewald. Egan, Egan. Etheredge.

Etheredge votes Shapiro. Friedland, Friedland votes Shapiro.

Geo-Karis. Geo-Karis votes Shapiro. Gitz, Grotberg. Grotberg

votes Shapiro. Hall, Hall. Johns, Johns. Jeremiah Joyce, Jeremiah

Joyce. Jerome Joyce, Jerome Jcyce. Keats. Keats votes Shapiro.

Ment. Kent votes Shapiro. Lemke, Lemke. Mahar. Mahar votes.

Shapiro. Maitland. Maitland votes Shapiro. Marovitz, Marovitz.

McLendon, McLendon. McMillan. McMillan votes Shapiro. Nash, Nash.

Page 21 - Jan. 1981

Nedza, Nedza. Nega, Nega. Netseh, Netsch. Newhouse, Newhouse.

2. Nimrod. Nimrod votes Shapiro. Ozinga. Ozinga votes Shapiro. Philip.

). Philip votes Shapiro. Rhoads. Rhoads votes Shapi.ro. Rock, Rock.

4. Rupp. Rupp votes Shapiro. Sangmeister, Sangmeister. Savickas,

5. Savickas. Schaffer. Schaffer votes Shapiro. Shapiro. Shapiro

6. votes Shapiro. Simms. Simms votes Shapiro. Sommer. Sommer votes

7 Shapiro. Thomas. Thomas votes Shapiro. Totten. Totten votes

g Shapiro. Vadalabene, Vadalabene. Walsh. Walsh votes Shapiro.

Washington, Washington. Weaver. Weaver votes Shapiro.9.

GOVERNOR THOMPSON:l0.

The Chair will again note that...ll.

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Reel No. 2 Page 22 January l5, 1981

. ..while the Secretary is tabulating the rollzthat ldhator Frank

2. Savickas was present on the Floor of the Senate during the roll call.

). The results of the roll call are as folzlows: Senator Rock, no

4. votes; Senator Shapiro, 29 votes. I hereby declare that Senator

5. David Shapiro, having received the constitutional majority

6. required to be elected under the ruling of the Chair and the

judgment of this Senate, as the Presiding Officer, the Presidenta of the Senate, is hereby declared elected as President of the

Senate of the 82nd General Assembly. Senator Philip, for what9.

lc purpose do you arise?

SENATOR PHILIP:ll.

Mr. President, for the purpose of a motion.l2.

GOVE RNOR THOMPSON:l3.

What is your motion?l1.

SENATOR PHILIP:l5.

I move the vote by which Senator Shapiro was declared thel6.

President of the Senate be reconsidered.l7.

GOVE RNOR THOMPSON:l8.

Is there a second? Senator Rhoads.l9.

SENATOR RHOADS:20.

. - move to Table the motion.21.

GOVE RNOR THOMPSON:22.

All right. Is there a motion to second? A1l in favor of the23.

motion say Aye. The motion to Table is passed. The Chair24.

appoints the following Senators for the purpose...Doc, don't25.

come up yet..-for the purpose of escorting Senator Shapiro to the26.

27 rostrum to be sworn in: Senator Geo-Karis, Senator Philip,J

aa Senator Walsh, Senator Bowers, Senator Friedland, Senator

a: Etheredge, and anybody else who wants to take him up here.

Will the Senate be in order, please , f or the taking of the oath .3 0 .

1 Senator Shapiro , would you raise your right hand , please . and3 .

repeat af ter me . Your right hand . I , David Shapiro # do solemly3 2 .

swear that I will s upport the Constitution of the United S tates ,3 3 .

34 . and the Constitution of the State of I llinois , and that I will

Page 23 January l5, 1981

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faithfully discharge the duties of the office of President of the

Senate to the best of my ability. Congratulations.

PRESIDENT:

Well, Ladies and Gentlemen and Governor Thompson, as you note,

I am quite nervous and I'm beqinning to wonder, he asked me to

raise my right hand. I momentarily forgot which one the right

one was. But I do want to make some remarks and I will be as

brief as possible. I would be remiss if I didnft thank my

colleagues of the Illinois Senate. We have stuck together

through thick and th in when we were a distinct minority of

25 votes and in practically every election for President of the

Senate, we were the largest unified voting block at a11 times.

And I certainly ought to th ank you for the courtesies that you

have extended to me, particularly when I would make mistakes

and I'm proud o f you all. Secondly, I wouïd like to thank

Governor Thompson for ail the counsel and the best wishes

that he has given me because it is through me that those

good wishes and qood counsel are transferred down to the rank and

file of the Senate Republican caucus. I've been involved very

deeply in politics since 1952 when I became settled in my new

home, in our residence, I should say, in Amboy, Illinois. Prior to

that, I merely had the privilege of voting Republican. And

through al1 those years, was my wife who... and children,

who campaigned with me, who were tolerant of my being absent from

home, usually evening after evening, not for many days at a time.

They helped me campaign through every type of adversity that

existed in a partisan election in the State of Illinois. They

gave me encouragement when there were times that I felt I really

ought to go back home and provide them with a decent livinq.

My wife is not here today. She had to take our ehildren back

home so that they could be in school. More than likelyz she will

be arriving momentarily, I hope, because she is going to leave

Amboy scmetime this morning. So, I owe her and my children a deep

Page 24 January 15, 1981

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vote of gratitude and thanks. When I first startèd running for

the General Assembly, I was defeated the first time. But I

became wise to the nuances, the roadblocks and what have you,

that are thrown in the path of a nonincumhent. And after losing

that '66 c ampaign I redoubled my efforts in order to run against

the two incnmhents. And I was successful in 1968, but I had to

go through a recount in a Primary and I ended up winning a seat

in the Illinois House. Since that time , I have had nothing

but pleasure and hard work here in the Illinois House and the

Illindis Senate. So, the experience I gained from my two terms in

the House have served me well in the Senate. But I want to tdll

you that I th ink the Senate is the greatest Body of elected

representatives in the State of Illinois and particularly

those of you who now occupy a * at in the Illinois Senate.

I haven't-- l don't think I've missed anyone. But if I have,

I apologize. I had no prepared remarks, rm just...speaking

more or less off the cuff and I may have Qverlooked someone's

effort on my behalf and particularly people who brought me to this

present situation. Last, but not least, I want to commend

the prior President of the Senate, Senator Phil Rock. He was

always fair to our side as much as partisanship would allow him.

He gave us privileges that we really didn't deserve, office space,

and what have you because he felt as I do, that the rank and file

member.- members of the Senate should be comfortable and

have decent offices, good stenographers to work with so

the business of the people could be carried on. Again, Want

to close by thanking you all and thanking the Governor of this

great State whom I admire greatly. I really feel that without

his advice and without his counsel that we would be again

bogged down in a marathon to pick the Illinois President...president

when we,indeed, had the largest single voting block, unified and

ready to go to work. And that will be our motto. I close

in asking your cooperation and I think through a11 the adversity that

Page 25 January l5, 1981

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will probably face us, that we will be very successful in

carrying on the business of the State. Thank you.

The next item of business will be to appoint a committee

to escort His Excellency, the Governor, from the chamber.

I now appoint from the Republican side, Senator Davidson,

Senator Thomas, and Senator Etheredge. I am sorry to say

that at the present time there is no one on the Democrat side

avail able to provide their members to the honor guard.

So will those Senators approach the Podium and escort the

Gove rnor from the Chamhers. would likè to now announce the

Assistant Majority Leaders, on behalf of the Republic an members,of the Senate. As you all know, I chose Senator Frank Ozinga

to be Caucus Chairman at our nominating dinner back in Ge early

part of December. The other membership will be Senator

James ''Pate'' Philip, Senator Richard Walsh, Senator Stanley

Weaver and Senator John Grotberg. And since there is no

one here from the loyal opposition, a Minority Leader will be

selected by the Democrat Party at a later date. The next order of

business before the Senate is the election of Senator.- senate

Officers. I have introduced Senate Resolution No. Will the

Secretary please read the resolution.

ACTING SECRETARY: (Mr. Fe rn andes)

Senate Resolution No.

(Secretary reads SR 1)

PRESIDENT:

The Chair recognizes Senator Philip.

SENATOR PHILIP:

Thank you, Mr. President, Ladies and Gentlemen of the Senate.

Senate Resolution No. l will install the permanent officers

of the 82nd General Assembly, which, in effect, have been

nominated by the virtue of this resolution. And it is necessary

to have a roll call vote, so I make a motion we have a roll call

vote, Mr. President.

F age 2 6 - January 1981

PRESIDENT:

You have heard the motion by Senator Philip. The Secretary

). will now call the roll.

4. ACTING SECRETARY: (Mr. Fernande' s)

5. Becker, Berman, Berning, Bloom: Bowers, Bruce, Buzbee,

6. Carroll, Chew, Coffey, Collins, DlArcoz Davidson, Dawson,

DeAnqelis: Degn an, Demuzioz Donnewald, Egan: Etheredge,

8. Friedland, Geo-Karis, Gitz, Grotberg, Hall, Johns, Jeremiah

: Joyce; Jerome Joyce, Keats, Kent, Lemke, Mahar, Maitland,

lc Marovitz, McLendon, McMillan, Nash, Nedza, Nega, Netsch,

ly Newhouse, Nimrod, Ozinga, Philip, Rhoads, Rock, Rupp, S angmeister,

2 Savickas, Schaffer, Shapiro, Simms, Sommer, Thomas, Totten,l .

Vadalabene , Walsh , Washington , Weaver.l 3 .

PRESIDENT :l 4 .

On that question , the Ayes are 2 9 , the Nays arel 5 .

Senate Resolution No . 1 is adopted. Mr . Ed Fernandes is herebyl 6 .

elected Secretary of the Senate r Mr. Kenneth A. Wright isl 7 .

Assi stant Secretary of the Senate , Mr . Mario Costa , is Sergeant-l 8 .

At-Arms and Mr . Joey Mack is Assistant Sergeant-At-Arms . Thel 9 .

2 o Chair now recogni zes Senator Philip .

21 SENATOR PHILIP:

22 Thank you, Mr. President. I have placed on the Secretaryls

Desk, Senate Resolution 2-4, which, in effect, are the ordinary

24. Housekeeping Resolutions. Instead of explaining each resolution,

25 if we could call them one at a time, 1'11 be happy to explaïn

26 them and paraphrase them. And I would ask the...secretary to

27 do SO'

28 SECRETARY :

a: Senate Resolution No. 2 offered by Senator Philip.

(secretary reads SR No. 2)30.

31 PRESIDENT:

32 Senator Philip now moves for the adoption of Senate

la Resolution No. Al1 those in favor signify by saying Aye.

Page 27 January 15, 1981 11. Opposed. The Ayes have it. Senate Resolution No. 2

adopted. Senator Philip.

SENATOR PHILIP:

4. Thank you: Mr. President. Senate Resolution No. 3 is

5. the resolution regarding the Committee on Committees.

6. would ask the President of.- of the Secretary of the Senate

to read the resolution.

g SECRETARY:

: Senate Resolution No.

lc (Secretary reads SR

PRESIDENT:ll.

Senator Philip, do you want to make the motion on the12.

adoption?

SENATOR PHILIP:l4.

Yes, I would like to so move that we adopt Senate Resolutionl5.

No. 3.l6.

PRESIDENT:l7.

You have a1l heard' the motion. A11 those in favor ofl8.

adoption of the resolution signify by saying Aye. Opposed.l9.

The Ayes have it. Senate Resolution No. 3 is adopted. Senator2o.

Philip.2l.

SENATOR PHILIP:22.

Thank you, Mr. President. Senate...23.

P RESIDENT:24.

Senator Philip...just a moment. Senator Rhoads seeks25.

recognition. Senator Rhoads.26.

SENATOR RHOADS:

Mr. President, with respect to Resolutions 2 and 3 just28.read, having voted on the prevailing side, I move to reconsider29

. .

the vote by which they were adopted.30.

PRESIDENT:31.

You've heard the motion made by Senator Rhoads and.- and32.

Senator Berning has moved that the motion 1ie on the Table.33.

Page 28 January l5, 1981 '!1

1.

).

4.

5.

6.

All those in favor signify by saying Aye. Opposed. The

motion carries. Senator Philip, Resolution 4.

SENATOR PHILIP:

Thank you, Mr. President. Rather...senate Resolution

No. 4 informs the House of Representatives that the Senate

is organized and I ask that the Secretary read the resolution.

SECRETARY :

Senate Resolution No. 4.8.

9.

10.

ll.

l2.

(Secretary reads SR 4)

PRESIDENT :

Senator Philip.

l4.

l5.

l6.

l7.

l8.

l9.

20.

2l.

22.

23.

24.

25.

26.

28.

29.

30.

3l.

32.

33.

SENATOR PHILIP:

move we adopt Senate Resolution No. 4.

PRESIDENT:

You've heard the resolution. Senator Philip has moved

for the adoption of Senate Resolution No. 4. A1l those

favor signify by saying Aye. Opposed. The Ayes have it.

Resolution No. 4 is adopted. Senator Rhoads makes a motion

that that motion 1ie on khe Table. Senator Simms makes a...a

motion...to Table. A11 those in favor of that motion signify

by sayinq Aye. Opposed. The motion is adopted. Senator

Philip. Senator Bowers.

SENATOR BOWE RS :

Mr. President, on both of Senator Rhoads' motions,

they were to...1ie...or they were to reconsider. The second

motions were the Motion to.- to Table. Now I know it was

the intent of the Chair in b0th instances to declare the

Motion to lie upon the Table as having been adopted. I'm

not sure that was stated clearly in the record and I would

suspect that we would be well advised to clearly state in

the record your intent. And I think it was that in each

case the motion to 1ie upon the Table carried and I would

like the record to so show, if that, in fact, was your intent.

Page 29 January l5, 1981 !

That was the-..statement by the Chair that the motions lie

upon the Table and that they have a11 carried. Senator Philip.

Next resolution.

SENATOR PHILIP:

Thank you, Mr. President. Senate Resolution No. 5 is

7 merely housekeeping. It directs the Secretary of the Senate

g to prepare the transcripts and the Journal. I ask the Secretary

of the Senate to read Resolution No. 5.9.

SECRETARY:l0.

Senate Resolution No. 5.ll.

(Secretary reads SR 5)12.

PRESIDENT:l3.

You have heard the motion of senator Philip. A11 those14.

in favor of adoption of Senate Resolution No. signify byl5.

saying Aye. Opposed. The Ayes have it. Senate...or Resolutionl6.

No. 5 is adopted. Senator Rhoads.17.

SENATOR RHOADS:l8.

Having voted on the prevailing side, I'd move to reconsiderl9.

the vote by which Resolution No. 5 was adopted.20.

PRESIDENT:2l.

Youdve heard the motion that Senator Rhoads has made.22.

Senator Geo-Karis moves that the motion lie upon the Table.23.

A1l those in favor signify by saying Aye. Opposed. The24.

motion is now Tabled. Senator Philip.25.

SENATOR PHILIP:26.

Thank you, Mr. President. Senate Resolution No. 6 is27.

the last resolution, it is also a housekeeping resolution.28.

The Committee on Committees is hereby authorized to appoint29.

a committee of five representatives of the...news media. And30.

I would ask the Secretary Eo read it and then move that we31.

adopt Senate Resolution No. 6.32.

SECRETARY:33.

PRESIDENT:1.

2.

).

4.

5.

6.

Fage 30 January 1981

t. Senate Resolution No. 6.

(Secretary reads SR 6)

3.

4.

5.

6.

PRESIDENT:

Youfve heard the- .Resolution and the motion of Senator

Philip. All those in favor of adoption of the resolution

signify by saying Aye. Opposed. The Ayes have it. Resolution

No. 6 is adopted. Senator Rhoads.

SENATOR RHOADS:

Having voted on the prevailing side: I move to reconsider

the vote by which Resolution No. 6 was adopted.

PRESIDENT:

Senator Geo-Karis.

SENATOR GEO-KARIS:

I move that we...lay the motion on the Table.

PRESIDENT :

Youdve heard the motion and then the following motion

that the motion of Senator Rhoads lie on the Table. those

in favor signify by saying Aye. Opposed. The motion is Tabled.

Messages from the House.

SECRETARY :

A Message from the House by Mr. O'Brien, Clerk.

Mr. President am directed to inform the Senate

that the House of Representatives has adopted the following

joint resolution in the adoption of which I am instructed

to ask concurrence of the Senate, to-wit:

House Joint Resolution No.

(Secretary reads HJR 1)

PRESIDENT:

You've heard of the...youdve heard the Adjournment

Resolution...a resolution of *he House. A11 those in favor

of adopting...senator Philip.

SENATOR PHILIP:

Thank you, Mr. President. I believe that we have to

8.

9.

l0.

l2.

l3.

l1.

l5.

l6.

l8.

l9.

20.

2l.

22.

23.

24.

26.

27.

28.

29.

30.

3l.

32.

33.

Page 31 January 1981 (i!''-.1. suspend the rules. Never mând, Mr. President.

PRESIDENT:

Al1 those in favor of adopting-..yes, Senator Philip...for...

4. SENATOR PHILIP:

5. Move we adopt the resolution, Mr. President.

6. PRESIDENT:

All those in favor of adopting the Adjournment Resolutiona signify by saying Aye. Opposed. Motion is carried. Now, Ladies

and Gentlemen, I'm learning fast, we need a motion to adjourn.9.

Senator Bowers.l0.

SENATOR BOWERS:ll.

wonder, Mr. President, in the alternative, if it wouldn'tl2.

be smart if we recess for five minutes. Or stay at ease for

five minutes, so some of us can discuss what's gone on up to now.l4.

PRESIDENT:l5.

The Senate will stand at ease for five minutes. At thel6.call of the Chair.l7

.

l8.

l9.

20.

2l.

22.

23. End of Reel

24.

26.

28.

29.

3;.

3l.

32.

33..

Page 32 - Jan. l5, 1981- 1 43

1. PRESIDENT:

The Senate will come to order, please. Introduction of

3. bills.

4. SECRETARY:

5. The following thirty-six bills were prefiled.

6. Senate Bill No. 1, By senators Egan and Bowers.

(Secretary reads title of bill)

g. No. by senator Chew.

: (Secretary reads title of bill)

lc Senate Bill No. 3, by Senator Keats.

z;. (Secretary reads title of bill)

; Senate Bill No. 3, by Senator Keats.l .

ya (Secretary reads title of bill)

Senate Bill No. 5, Benator Keatsa11.

,5 (secretary reads title of bill)

Senate Bill No. 6, by Senator Keats.l6.

(Secretary reads title of bill)l7.

Senate Bill No. 7, by Senator Keats.l8.

(Secretary reads title of bill)l9.

Senate Bill No. 8, by Senator Keats.20.

zy (secretary reads title of bill)

Senate Bill No. 9, by senator Keats.22.

za (Secretary reads title of bill)

Senate Bill No. by Senator Keats.24.

as (Secretary reads title of bill)

Senate Bill No. senator Keats.26.

(Secretary reads title of bill)27.

Senate Bill No. l2: by Senator Keats.28.

zq (secretary reads title of bill)

Senate Bill 13, by Senator Eeats.3Q.

(Secretary reads title of bill)3l.

Senate Bill No. 14, by Senator Bruce.12.

(Secretary reads title of bill)33.

Senate Bill No. l5: by Senators Vadalabene and Berning.34. .

(Secretary reads title of bill)35.

Page 33 - Jan. 15, 1981

1.

4.

5.

6.

Senate Bill No. by the same sponsors.

(Secretary reads title of bill)

Senate Bill No. 17, by Senator Berning.

(Secretary reads title of bill)

Senate Bill 18; by Senator Collins.

(Secretary reads title of bill)

Senate Bill l9, 'b# senator Cpèlins.g. (Secretary reads title of bill)

:. Senate Bill No. 20, by Senator Collins.

zp. (Secretary reads kitle of bill)

ll. Senate Bill by Senators Berning and Egan.

2 (Secretar'y reads title of bill)1 .

l3. Senate Bill 22, by Senators Davidson, Mahar, Sangmeister,

lj Berning, Keats, Schaffer, and Vadalabene.

,5 (Secretary reads title of bill)

y6 Senate Bill 23, by senator Lemke.

:7 (Secretary reads title of bill)

yg Senate Bill 24, by Senator Lemke.

yn (Secretary reads title of bill)

ag Senate Bill 25, by Senator Lemke.

zl (Secretary reads title of bill)

22 Senate Bill 26, by the same sponsor.

aa (Secretary reads title of bill)

24 Senate Bill by Senator Nega.

gs (Secretary reads title of bill)

26 Senate Bill 28, by Senator Nega.

(Secretary reads tikle of bill)

zg Senate Bill 29, by Senator Schaffer.

;, (Secretary reads title of bill)

a; Senate Bill 30, by Senators Vadalabene and Davidson.

(Secretary reads title of bill)31.

Senate Bill 31, by Senator Vadalabene.32.

(Secretary reads title of bill)33.

Page 34 - Jan. 15, 1981 12.

5.

6.

7.

8.

9.

10.

ll.

l2.

l3.

l4.

l6.

l7.

l8.

l9.

20.

2l.

22.

23.

24.

25.

26.

27.

28.

29.

30.

3l.

32.

23.

Senate Bill 32, by Senator Vadalabene.

(Secretary reads title of bill.)

Senate Bill 33, by Senator Lemke.

(Secretary reads title of bi11.)

Senate Bill 34, by Senator Rhoads.

(Secretary reads title of bi11.)

Senate Bill 35, by Senator Rhoads.

(Secretary reads title of bil1.)

Senate Bill 36, by Senator Nash.

(Secretary reads title of bi1l.)

Senate Bill 37, introduced by Senator Mahar.

(Secretary reads title of bi11.)

Senate Bill 38, by the same sponsor.

(Secretary reads title of bi11.)

senate Bill 39, by the same sponsor.

(Secretary reads title of bi1l.)

Senate Bill 40, by Senator Vadalabene.

(Secretary reads title of bi11.)

Senate Bill 41# by Senator Vadalabene.

(Secretary reads title of bi11.)

Senate Bill 42, by Senator Maitland.

(Secretary reads title of bi11.)

Senate Bill 43, by Senators Nimrod, Philip, Nedza, Rhoads,

Friedlandz Be rningz Rupp, Jeremiah Joyce and others.

(Secretary reads title of bi1l.)

senator Bill 44; by Senator Geo-Karis.

(Secretary reads title of bi11.)

Senate Bill 44, by Senator Geo-Karis...45. Senate Bill 45 by

Senator Geo-Karis.

(Secretary reads title of bill.)

Senate Bill 46, by Senator Rhoads.

(Secretary reads title of bi1l.)

Senate Bill 47, by Senator DeAngelis.

(Secretary reads title of bil1.)

Page 35 - Jan. 15, 1981

jk

Senate Bill 48, by Senator Maitland... Senator Friedland,

I'm sorry. Senate Bill 48, by Senator Friedland.

3. (Secretary reads title of bill)

4. PRESIDENT:

5. Resolutions.

6. SECRETARY:

7 Senate Resolution No. by Senator Bowers.

g (Secretary reads SR

PRESIDENT:9.

Senator Bowers.l0.

SENATOR BOWERS:ll.

Thank you, Mr. President. I've offered Senate Resolutionl2.

No. 7, Mr. President, for the following reason, rule sevenl3.

of our temporary rules that we have previously adopted providesl4.

that there shall be elected from the membership of the Senatel5.

a commiktee to be called the Committee on Committees consistingl6.

of ten members. It sounds to me as if we're required to elect17.

ten members. In the previous resolution we only elected thel8.

Republican members and because...for obvious reasons or for reasonsl9.

unbeknown to me really, the other side of the aisle has20.

decided not to participate. It leaves us in a kind of a quandary2l.

because it seems to me the rules require that we elect a1l ten.22.

Therefore, I don't think we have any choice but to go ahead23.

and elect theirs. I assume that as soon as they get over their24.

pouting spell and come back and participate in these proceedings,2b.

that they will, as a matter of fact, designate their membership26.

which may be something other and we can always amend the27.

resolution. But I have felt in order to be safe under the28.

rulesz we ought to appoint the full committee and I have29.

therefore, in effect, by this resolution, repealed the previous3Q.

resolution and...and have suggested that we appoint all ten3l.

members. I would, therefore, move the suspension of the32.

appropriate rules and the immediate consideration and adoption33.34% of Senate Resolution No. 7.

1.

2.

Page Jan. 1981!'2-

1. PRESIDENT:

2 Ladies and Gentlemen of the Senate. You have a11 heard

) the reading of the Resolution No. 7 and the motion by Senator

4 Bowers. Al1 those in favor of adopting Senate Resolution No.

5 signify by saying Aye. Opposed. The resolution adopted.

Introduction of bills.6.

SECRETARY:7.

Senate Bill No. 49y introduced by Senator Rhoads.8.

(Secretary reads title of bill)9.

1st reading of the first forty-nine bills.l0.

FRESIDENT:ll.

Senator Rhoads.l2.

SENATOR RHOADS:l3.

Thank you: Mr. President. I will make a motion and 1...1l4.

do have an announcement. With respect to Senate Bills 46 and 49l5.

which have just been...read into the record. These are reapportion-l6.

ment bills and before anyone asks what they do, very simply,l7.

Senate Bill 46 consolidates the twenty-four existing congressionall8.

districts into twenty-two congressional districtsz which arel9.

now permitted us under the Federal Reapportionment Formula.20.

Senate Bill 49 divides the State into fifty-nine legislative2l.

districts, the àenatorial districts of which have the identical22.

boundaries to those districts which exist under Ehe current23.

map and the House districts will be divided into those Senate24.

districts. Obviously, this will be amended substantially25.

later. Mr. President, at this time I would move t6...to refer26. '

Senate Bills l through 49 to Ehe Committee on the Assignment27.

of Bills.28.

PRESIDENT:29.

Senator Rhoads, there are still some more bills to be30.

introduced. Introduction of bills.3l.

SECRCTARY:32.

Senate Bill by Senator Walsh.33.

!Page 37 - Jan. l5, 1981

(Secretary reads title of bi1l.)

2.

3.

4.

5.

6.

7.

8.

: Senate Resolution No. 8 offered by Senator Savickas and

zô it's congratulatory.

11 Senate Resolution No. 9 by the same sponsor. It's congratulatory.

la Senate Resolution No. 10 by the same sponsor. It's commendatory.

:3 Senate Resolution No. 11 by :he same sponsor. It's congratula-

ton?.14.

Senate Resolution No. 12 by the same sponsor. It's congratula-l5.

16 Yory.

Senate Resolutioq No. 13 by the same sponsor. It also is congrat-l7.

18 u12YO TY'

Senate Resolution No. 14 by Senator Weaver. Congratulatory.l9.

ao Senate Resolution No. 15 by Senators Gitz, Roek, Simms and

a1l Senators and it's a death memorial.

PRESIDENT :

Resolutions 8 through 15, Consent Calendar. Senator Rhoads,

24 for what purpose do you arise?

SENATOR RHOADS:25.

Mr. President, to renew my earlier motion, that a11 bills read26.

7 into the record today be...assigned to the Committee on Assignment2 .

of Bills when that committee is appointed.28.

29 PRESIDENT:

You've heard the motion. Al1 those in favor signify by saying30.

Aye. Oppcsed. The Ayes have it. The motion is adopted. Is there31.

any further business to come before the Senate? Senator32.

33.

Senate Bill 51, by the same sponsors.

(Secretary reads title of bil1.)

lst reading of the bills.

PRESIDENT:

Will the Senate st and at ease, just for a few moments.

Resolutions.

SECRETARY:

Page 3% - Jan. l5, 1981 !t

Geo-Karis# for what purpose do you arise?

SENATOR GEO-KARIS:

). Mr. President and Ladies and Gentlemen of the Senati.4. On a point of personal...privilege.

5. PRESIDENTI

6. State your point.

7 SENATOR GEO-KARIS:

g would like to introduce my new Senatorial Aide from

Waukegan, Illinois, Anna Loyanswin the green jacket and one...9.

another..wcounty residents, Mrs. Elaine Luciano who is 'in thel0.

upper baleony for the purposes of...ll.

PRESIDENT:l2.

Senator Philip, for what reason do you rise?l3.

SENATOR PHILIP:l4.

Purpose of a motion, Mr. President.l5.

PRESIDENT:l6.

State your motion.l7. .

SENATOR PHILIP:l8.

move the Senate stand adjourned tul February 3rd atl9.

noon, 1981.20.

PRESIDENT:2l.

You've heard the motion by Senator Philip, that we stand22.

adjourned pursuant to the House Joint Resolution. Al1 those in

favor signify by saying Aye. Opposed. The Ayes have The24.

Senate now stands adjourned.25.

26.

27.

28.

29.

3Q.

3l.

32.