GENERAL SESSIONof the 7:th GENERAL ASSEMBLY
October 29, 1973 '
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1 ry '. PRESIDEN :
2 . The Senate will cume to order. The Regular
3. session-of the 78th General Assembly will
4. reconvene. The prayer will be offered by the
1. Reverend charles Hendricks of the Third Pres-
6 . byterian Church of Springf ield. Reverend
r' Hendricks .
8 . (Prayer by Reverend Hendricks)
9. pusszozxT:
l0. Reading of the Journal.
ll- sscRsTARY:
l2. Tuesday, october 23, 1973.
l3. PRESIDENT:
14. senator soper. '
l5. SENATOR soPlR: -
' 16. . . .Mr. President, yembers of the senate, I move -' l7. that we dispense with the further reading of the .
2 . 'l8. Journal of october 22nd. Dnless there are some .
l9. additions or corrections to be made that the Journal
20. stand approved. .
i2l. PRESIDENT: '
t 22- senator sopêr has moved that we dispense with
23.. further reading of the Journal of Oatober 22nd and
24. that the.- that it be approved. Is there discussicn?
25. Al1 in favor signify by saying aye. Contrary no.
26. MoEion carries. The Journal is approved.
27. SECRETARY: ,
22. Tuesday, October 23rd:1973.
29. PRESIDENT:
30. senator Soper. '
3l. ôENATOR SOPER:' 1 g
32. Mr. President, I...Members of the Senate I move; .
i t We dispense with the further reading of the33. t aI
Journal of October 23rd unless there are some corrections
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1. or additions to be made that the Journal stand approved.
2. PRESIDENT:
3 Senator Soper moves ko posEpone further reading...
4 I9m sorry, to dispense With further reading ôf the
5. Journal of October 23rd and moves its approval. Is
6. there dispussion? All in favor of the motion signify'
7. by saying aye. Contrary no. The motion carries.
g. Senakor Soper.
9. SENATOR SOPER: .
t0. Now Mr. Presidentr Members of the Senatey I move
11. tbat weo.mpostpone the reading and the approval of the
L2. Journals of October.24th and October 25th pending the
l3. arrival of the printed Journals.
l4. PRESIDENT:
15 Senator Soper moves khat we postpone reading of
16. the Journals of October 24th and 25th until the arrival. /'
17.. of the printed Journals. Is there discussion? Al1 in
. lg. favor signify by sayinq aye. Contrary no. Motion
19. carries. Resolutions. .
20. SECRETARY:
21. senate Resolution 269 by Senator Savickas and it's
22. Consratulatory.
23. PRESIDENT:'a4. senator Savickas moves to suspend the rules for the
25. immediate conpideration of the resolution. All,in favor
a6 signify by saying aye. Contrary no. The totion carries.
7/ The rules are suspended. On the motion to adopt, Senator
Savickas mokes that...senate Resolution 269 be' adopted.28.
Is there disdussion? Al1 in favor signify by saying aye.29.
Contrary no. The motion carries. The resolukion is30. .
adopted. Eenator Partee. Regular Session will stand31.
in recess for both Demoerat and Republican caucuses.I 32.
Ik senator Donnewald, you wish to announce yourss..time and place? 33. .
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1. SENATOR DONNEWALD: '
2. Mr. President...
* X ZYYXYI* VRES .
4. senator..-senator Donùewald. .
5. SENATOR DONNEWALD: ,
6. . . .Di'd a splendid job in announcing, I only want7. to add that it's up on the 6th floor right now
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8. PRESIDENT:
9. There will be a Republican caucus in my office
l0. immediately, hopefully 20 minutes or so, might run just' ll. slightly longer than that.
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l3. AFTER THE RECESS '
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l5. PRESIDENT:
16. .oosours, could you come to the podium please? -
17. The Regular Sessionoo.The Senate in Regular Session will
18. come to order. Senator Weaver moves that the Regular
l9. session recess subject to the call of the Chair later
20. this afternoon. All in favor signify by saying aye.
2l. contrary no. Motion carries.
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23. APTER THE RECESS* . .
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25. PRESIDING OFFICER (SENATOR GRAHAMI: '
26. ...And we are noW calling into Session.o.the Regular
27. Session of the 78th Genqral Assembly having already had
28. the Journals read and approved or postponed or what have
29 you We are ready ko proceed on the order of business out- '* #.
30. lined on our Calendar. ...Come on fellowa,let's get the
3l. battle plan in order hereoo.discussion for a change....
z2. just at ease for a moment. It's been jointly aqreed that
a3. we will go to the order of considerations postponed Tor
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the.consideratipn of a couple of measures first of which
and not the least of which 'in the minds of some is SB 866,
Senator Partee.
SENATOR PARTEE:
Well: Mr. President, I don't want to go through a
long explanation of this bill. It's been up before,
we explained it the other day and this is the bill that
got caught somewhat in a parliamentary and partisan snafu
between Senator Walker and myself. I think everybody kncws
what it is now and I think Senator Walker will tell yQu
that the matter has been adjusted whatever the problem wasat that time and I'd simply ask for a roll call.
PRESIDING OFFICER (SENATOR GRAHAM):
If there is..othere is some discussion. Senator
Clarke.
SENATOR CLARKE:
I just want to...Mr. Pre'sident, I just like to
comment that this' bill was very thoroughly discussed last
Spring in the Revenue Committee here on the Floor and
the House. It was amended and I've had considerable
discussion with various people since and I think it...
despite the reasons for the veto a very worthwhile piece
of legislation that we ought to have now and I urge a
yes vote.
PRESIDING OFFICER (SENATOR GRKHAMI:
. . oFurther discussion? The.o.the questior. is shall
SB 866 pass the veto of the Governor to the contrary not-
withstanding. Dpon that question the Secretary Will call
the roll.
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SECRETARY:
Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
Chèw, Clarke, Conolly, Course, Daley, Davidson, Donnewald,
Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth
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Hall, Hynes, Johnsz Keegan, Knuepfér, Knuppel, Kosinski,
Latherowz McBroom, Mccarthy, Merritt, Mitchler, Howard
Mohr, Don Moore, Netsch, Newhouse, Nimrod, Nudelman,
Ozinga, Palmer, Partee, Rdgner, Rock, Roe, Romano,
Saperstein, Savickas, Schaffer, Scholl, Shapiro, Snith,
Sommer, Soper, Sours, Swinarski, Vadalabene, Walker,
Weavert Welsh, Wooten, Mr. President.
PRESIDING OFFICER (SENATOR GRAHAMI:
Shapiro, a/e. Knuepfer, aye. Sours, no. Berning,aye. On this question the yeas are 52. The nays are
SB 866 having received the required three-fifthgs vote
is declared passed. The veto of the Governor to the con-
trary notwithstanding. We will nowe..senator Palmer.
SENATOR PALMER:
Senator Palmer would like to make a motion to re-
consider.
PRESIDING OFFICER (SENATOR GRAHAMI:
Senator Palmer'd like ko move to reconsider and
Senator Kosinski moves to Table Senator Palmer's motion.
All in favor of the motion to Table signify by saying
aye. Opposed. The ayes have it and the motion is
Tabled. Senator Harris, you'd like to call up 833 on
the order of consideration postponed.
SENATOR HARRIS:
Mr. Pres'ident, you will recall that the other day
this bill did have 36 votes. Senator Soper Was involved
in a overseas telephone call and did not respond Eo khe
bell and the roll call was...request for varificatlon was
rmqvmsted. We didn't have 36 voEes here a: the time so I put
the bill on postponed consideration. Now 'youdll recall
there was a great deal of debate Iem sure Ladies and#
Gentlemen of the Senate about this bill. I did have inê
fact the 36' votes but we couldn't verify it at that precise
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moment. This bill affects khe
PRESIDING OFFICER (SENATOR GRKHAMI:
He's stilll here. The freshman quarterback just
got the signals twisted...time. Senator Partee.
SENATOR PARTEE:
operations...
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. . .Mr. President, we are...we are requesting a
Democrakic caucps for fifteen minutes.
PRESIDING OFFICER (SENATOR GRAHAM):
. . .1 would like to suggest that before we go to
a caucus I'm intrigued by those flowers behind the#'
Gentleman from Peoria. I'm instructed that today
represents a great day in his parent's lives and I
think Happy Birkhday mighk be in order for Senator
Sours. Welly poboby told me, you got the signals
crossed. I withdraw the last statement.
SENATOR SOURS:
Will someoneo..will someone .please send me Senato-r
Wooten's copy of Wordsworth's Ode on the Intimations
of Immortality?
PRESIDING OFFICER (SENATOR GRAHAM):
After the caucus. The Senate wiil stand in
recess.wvhow many minutes. Senator Partee?
SENATOR PARTEE:
Fifteen minutes is sufficient.
PRESIDING OFFICER (SENATOR GRAHAMI:
For a fifteen minute...caucus called by tne Members
of the Democrat Party. Senate will be in...senator Harris.
SENATOR HARRIS:
Mr. President, it might be an appropriate course of
action to clear the record that we take SB 833 out of the
record. Is there leave for that?
PRESIDING OFFICER (SENATOR GRAHAM):Leave has been grante'd.
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SENATOR HARRIS:
And very quickly on the order of resolutionsy
could wb proceed with recognition of Senator Soper
and then...
PRESIDING OFFICER (SENATOR GRAHAMI:
Senator who?
SENATOR HARRIS:
p. .adopt khe resolution. 1...1 meanysenator
Sours.
PRESIDING OFFICER (SENATOR GRAHAM):
Senator Soper and Senator Sours are vying for
recognikion. I think we have a resolution that the
Secretary needs to read if thak's what welre trying
Eo do. HoW long is it?
SECRETARY:
Senate Resoluticn No. 270 by Senator Harris and
all Members of the Senate.
(Secretary reads Senate Resolution 270)
PRESIDING OFFICER (SENATOR GPAHAM):
Senator Harris.
SENATOR HARRIS:
Mr. President, I'm sure that' a1l of my colleagues
will wish to join in the co-sponsorship of this resolution
that acknowledges the natal day of the bard from Peoria
our good friend, Senator Hudson Sours. We do wish you
a Happy Birthday, Hudson.
PRESIDING OFFICER (SENATOR GRAHAMI:
Knuppel.
SENATOR KNUPPEL:
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You know I1m not Very much on Ehese congratulatory
messages but now that I know his birthday is the same
day as my mother's 1* think maybe 1111 be able to under-#' .
stand Hudson a little better and I want to second that
motion.
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PRESIDING OFFICER (SENATOR GRAHAMI:
We will a1l join...are we going to adopt the
resolution and give him our accolades. The motion
is by Senator Walker that Ahe rules be suspehded
. . .senator Harris, the rules be suspended for the
reconsidqration. I'm trying to help you Jack you...
al1 in favor signify by saying aye for the suspension.
All in favor of the adopticn of the resolution for
Hudson Ralph Sours will signify by saying aye.
Opposed. The resolution is adopted. Happy Birthday.
Senator Sours.
SENATOR SOURS:
There was one thing that was ommitted in that
obituary. I did get the good posture medal in World
War 11 and as I view some of my contemporaries I#
thoroughly propose to be your pallbearers. As for
Wordsworthls Ode on the Inkimations of Immortality
ï just wish I could find someway to take some withme, but I know I won't I'm going to leave this earth
with the same clothing with which I was clad when I
came. I cah tell you this that being in this Senate
as Dwight Friedrich said many, many times is a rare
privilege. Or to quote from Gray's Elegy for the
Purest Ray Serene. Thank you very much.
PRESIDING OFFJCER (SENATOR GRAHAMI:
Thank you. The Zanate will stand in recess until
the conclusion of the Democratic caucus. Senator Chew'll
be back at 10 o'clock he said. Just to make things
compatlble there will be a Republican caucus in the
President's office immediately if not before...
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(...CUT OFF...)
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PRESIDENT:'
For what purpose does Senator Chew seek recognikion?
SENATOR CHEW:
. . .We1l I thought since we didn't quite' get the
program together that we could take a little break for
lunch, come back at 12 tonight?
PRESIDENT:
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was just about to announce as I have done
on two occasions' in the past? I've ordered chicken, relishes
and beverages for everyone. It will be ready to be served
at about 7:30...khose of you who do not or are not able ko
negotiake chicken if you would let Mrs. McBride in my
office know, wedll try to make some substitute arrangements
but wedre going to proceed as we have done in the pask and
that will be here, ready to be served in my office to the
Senate Members ït 7:30.
SENATOR CHEW:
Thank your Mr. President.
PRESIDENT:
The recess will be reconvenedz we are in the Regular
Session... ' On the order of total vetoes, first bill that
the Chair has been notified is SB 82. Senator Don Moore.
SENATOR DON MOORE:
o . mThank ybu, Mé. President, Members of the Senate.
The Members o.f the Senate may recall that we passed SB 82
back in...in April of khis year, a 38 to 2 vote. It appro-
priated five million dollars for a grade separation that
exists at thm Illinois Central Railroad and Sauk Trail. Iwould also llke to refresh your recollectlon that thls is
where the Illinois Central Railroad ends in Gouth Suburban
Cook County. The areas affected by this particular inter-
change which I might add is a four lane highway which
narrows down to two lanes under the viaduct and then opens
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up into four lanes contains the area of Richland
Park, Chicago Heights, Madison, Park Forest, Flossmoor,
Park Forest South, Olympia Fields, Steger, Crete,
Northern part of Will County...presently a pofulationof about 120,000. Back in April or March, Mr. President,
I represented to this group that the traffic count of this
particular location at peak hours was some 16,000 cars
a dag. I was informed today at a recent traffic count
that was completed by the County of Coox that it is now
28,300 cars a day...if there is anyplace that therels.
any assistant needed it surely is at this particular
location. The bill was amended down to..ofrom five million
dollars to a mere one hundred khousand dollars for a
feasibility study and engineering work.. I think that
although this is a county highway and I would appreciate
khe Members from Chicago and the other kide hearing that
particular thing, it's a county highway not a State highway.
It is without the... reach of the county to spend
the estimated five or six million dollars. We would like
to get a project started out there and I think that anexpenditure of a hundred thousand dollars to get this
project started is well within the public interest and
the budget of the State of Illinois and I'd be happy to
answer any questions if not I would respect a favorable
roll call that SB 82 Do Pass the veto of the Governor to
the contrary notwithstanding.
PRESIDENT:
Is there further discussion? Senator Rock.
SENATOR ROCK :
Thank you, Mr. Presidenk. rise in opposiEion to
SB 82. Very simply stated this project is nöt included inthe' DepartmenE of Transportakionls 1974 program. I think
that if we wish to set ou/selves up as a Department of
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Transportation that's one thing but I think that as long
as we have that Departnent and fully funded they should
be responsible for tAese projects.
PRESIDENT:
Is there further discussion? Question is shall
SB 82 pass the veto of the Governor to the contrary
notwithstanding. And on that question the Secretary
will call thy roll.SECRETARY:
Bartulisz Bell, Berning, Bruce, Buzbee, Carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewaldv
Dougherty: Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Johns, Keegan, Knuepfer, Knuppelz Kosinski,
Latherow, McBroom, Mccarthy, MerritE, Mitchler, Howard
Mohr? Don Moore, Netsch, Newhouse, Nimrod, Nudelman,
Ozinga, Palmer, Partee, Regner, Rockz Roe, Ronanoz'Saperstein, Savickas, Schaffer, Scholl, Shapiro, Smith,
Sommer, soper, Sours, Swinarski, Vadalabene, Walker,
Weaver, Welsh, Wooten, Mr. President.
PRESIDENT:
Fawell, aye. ..oouestion the yeas are 28. The nays
are l5. SB 82 having failed to receive the required three-
fifth's vote is declared...the..othe veto is declared sus-
tained. ...Bill 116, Senator Knuppel.
SENATOR KNUPPEL:
Mr. President, this bill passed b0th the House and
Senate by a substantial majority. It's a bill designed
to clear up confusion caused By an Appellate Court decision
one..on..eon the...confllct that noW exists in the 1aW
beEween involuntary Panslaughter and reckless homicide.
By pdssing this bill you will avoid the confusion Which
now exists and which.will continue to exist until there is
a United States Supreme Court decision in this matter When-
ever that may be and it's for this reason...somebody I think
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misread tHe opinion in
o s othere's been some discussion about the fact that the
case which I had which went up, it is now before the
supreme court, it's pending litigation. I subnit to
you, Gentlemen, Ehat khis bill will in no way help or
hinder or affect that case because that case occurred
long ago. The gentleman involvdd has already served
the penalty imposed. This only affects those cases
arising after th'is date and will qive certainty to the
statute by making the killing of another person with an
automobile a definite offense. It will remove the
argument about equal protection which now exists and
also prosecutionv-.atorialo..prosectorial discretion.
This bill is a good bill from a lawyer's standpoint
it'll give certainty and assistance to State's Attorneys
in determining ihe planning of their suits and they will
not be reversed due to some technical error or dis-
agreement with the Appellate Court case and the statute
as it now exists. I submit this is good legislation. I
ask for a favorable roll call. Thank you.
PRESIDENT:
Is there further discussion? The question is shall
SB l16 pass the veto of the Governor to the contrary
notWithstandingt o..'ouestio'n the Secretary will call
the roll.
SECRETARY;
khe...in khê Governor's Office
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Dartulls? Dell, bernlng, Bruce, Buzbee, Carroll,
Chew, Clarke, Conolly, Course, Daley, Davi/son, Donnewald,
Dcugherty, Fawell, Glass, Graham, Harber Hall. KenneEh
Hall, Hynes, Johps? Keegan: Knuepfer: Knuppel: Kosinski,
LaEherow, McBroom, Mccarthy: Merritty Mitchler, Howard
Mohry Don Moore, Netsch, Newhouse, Nimrod, Nudelman,
Ozinga, Palmer, Partee, Regner: Rock, Roe, Romano,
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Saperstein, Savickas, Schaffer, Scholl, Shapiro, Smith,
Sommery Soper, Yours, Swinarski, Vadalabeney Wa.lker,
Weaver, Welsh, Wooten, Mr. President.
4. PRESIDENT:
5. On that quesEion the yeas are 29. The nays are 2.
6. Those voting present are l3. SB ll6 having failed to
receive the reqgired three-fifth's vote is declared
8. lost. SB 146. senator Ozinga.
9. SENATOR OZINGA:
l0. Well, Mr. President, I suppose we're just spinning
l1. our wheels but I'd like to take that same roll call and
l2. add a few more to it. Now this bill happens to be the
l3. bill that's really..owhat mighk be termed a people's bill
l4. and am thoropghly convinced that the Governor in vetoing
this bill was thoroughly misunderstood or misadvised or
whatever you want to call it. This bill received...sB l46
17. received a vote of 43 to l and lA6 to 4 over in khe House.
l8. This bill actually increased the amount transferred monthly
l9. ko the Motor Fuel Tax Fund which is still the Road Fund
20. to the Grade Crossing Protection Fund which is still in
21. the Department of Transportation upon the order of the
22. Illinois Commerce Commission. Now, this becomes vital
and in the Governar's veto he said that the reason that
24. he vetoed this was because of a SB 200 which I believe he
25. said would have used three million six hundred thousand
26. dollars allocated to the Grade Crossing Protection Fund
27. lnd therefore this was not needed. Now that is so far
2g. afield thaE iEfs patheEic. Actually al1 Ehat this does
29. it increases from tWo hundred thousand tooo.five hundred
30 thousand per month the transfer of these funds within
3l. that particular department. Now one of the keasons for
this bill is that the Federal Highway Act of 1973 which32.33 actually was worked for and honestly passed by Congressman
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Kluczynski of the Federal Congress together with more
of our fellas from Cock County like Hanrahan and others
from downstate and downstate is specifically in need of
Ehis bill especially around the St. Louis area and...
and you fellas know around Sprinqfield here. Now, thisbill, khe Federal Highvay Act, appropriated twenty-five
million dollars to be used in fiscal 1974, seventy-five
million in fiscal 175, seventyifive million in fiscal :76.
Ninety percent of these funds: matching funds for the
elimination of hazards and railway highway crossings.i
The additional money transferred monthly from the road
fund by this bill is desperakely needed to provide a
State share of the matching funds necessary to implement
that Highway Act of 1973 and I'm sure that if you will
just go back in your own neighborhoods, there was a high-
way Grade Crossing Protection Commission that toured the
State a11 over the State and had large nnmhers of people
that were trying for the grade separations. Now, it's been
said that there's money in this Fund. That is not true.
There is about two hundred and some odd thousand dollars
that is in the Fund but that has been allocated and there
are a large numher of projects that are being awaited...
are waiting passage by the Commerce Commission and in
order for any of this money to be touched thexe must be
a thorough hearing by the Commerce Commission and at that
time it would then decide on the amount of participation by the
local as well as the Stake and the Federal Governnent.
I would therefore urge each and everyone of you to consider
.. .or reconsider your stand with reference to the transfgr
of this Fund. This idds no new money. It is merely a
Eransfer of funds and I would beseech you to think twlce.This is a people's bill and the People are sadly in vneed
of the passage of this legislation. I would urge considerable
.. .consideration on this bill.
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PRESIDENT:
Senakor Partee.
SENATOR PARTEE:
I've always supported thcse bills which wêre
necessarily passed in Illinois to make certain that
we got every dime of Federal money which was available
to us. I am reliably informed by that division of khe
State government involved in this situation that khis
bill is not necessarye that Illinois will receive evevy
dime that we are going to get from the Federal adminis-
tration and hence I rise in opposition to the bill to
the veto of this new bill on the basis that it is not
needed to perform those things which are performable
under the existing operable financial situation and
relationship between khis Etate and the Federal Govern-
ment.
PRESIDENT:
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.. opurther dlscussion? The question is shall SB
146 pass the veto of the'Governor to the contrary not-
withstanding. On that question the Secretary will
call the roll.
SECRETARY z
Bartulis, Bell, Berning, Bruce, Buzbee: Carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewald,
Dougherty, Pawell, Glass, Graham, Harber Hall, Kenneth
Hallz Hynes, Johns, Keegan, Knuepfer, Knuppel, Kosinski,
Latherow, McBroom, Mccarthy, Merritt, Mitchler, HoWard
Mohr, Don Moore, Netsch, Newhousee Nimrod: Nudelman,
Ozinga, Palmer, Partee, Regnery Rock, Roe, Romano,
Saperstein, Savickas, Schaffere Scholl, Shapiro, Smith,
Sommer, Soper: Sours, Swinarski, Vadalabeney'Walker,
Weàver, Welsh, Wooten: Mr. President.
IREEIDENTZ
15
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8.
9.
l0.
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12.
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14.
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16.
l7.
l8.
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20.
2l.
22.
23.
24.
25.
26.
27.
28.
29.
30.
3l.
32.
33.
On thak question the yeas areb3o. The nays are 5.
SB l46 having failed to receive khe required khree-
fifth's vote is declared lost. The next bill to étay in
the subject matter that wd just considered is SB 2û0
requested by Senator Mitchler. SB 200.
SENATOR MITCHLER:
Mr. President, Members of the Senate, SB 200 passed
the Senate and House and as amended in the House...
PRESIDENT:
Senakor Partee, for what purpose do you arise?
SENATOR PARTEE:
Well, I just don't want to be obstreperous or
anything but I think if we just go right down the' list#
the subject matter here inclusion is not that important.
I have Members here who say Well they...wedre going to
start skipping around Ifll get missed and that...
PRESIDENT:
Well, earlier discussion did relate to these two bills
by Senator Ozinga. Senator Mitchler asked me earlier, 1...1
do not intend to do this, but since there was discussion to...
SENATOR PARTEE:
Did he have to go to the movie or something, he's going
to be here isn't he?
PRESIDENT:
.. .senator Mitchler you are going to be heke? Yes.ê
Well, proceedo..proceed with SB 200.
SENATOR MITCHLERZ
My staff inslsted that I remain. Thq...200 passed
the senate and House as amended in the House. It originally
started out with a bill that was entirely different than
what it wound up to but I consented to use. My Senate Bill
originally Was for a grade crossing separaticn in Aurora
and inasmuch as Representative Jack Hill in the House
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8.
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had a simflar bill and we passed thaE my SB 200 was used
as a vehicle to be amended to appropriate the necessary
money to the Department of Transpbrtation from the Grade
Crossing Prokection Fund for the constructio'n of railroad
grade crossing separations in various locations throughout
the State. Now, SB 200 is the appropriation bill for' the
grade crossing separations that are necessary to have
money in the Department of Transportation to match with
Federal funds and to implement section 203A of the
Federal Highway Act of 1973. Therefore, I would ask for
a favorable roll call so that we can no longer be necessitated
to delay in the Federal-state Program for the construckion
of these badly needed grade crossing separations in many,
many locations through6ut the State.
PRESIDENT:
Is there fdrther discussion? The question is shall
SB 200 pass the veto of the Governor to the contrary
notwithstanding. On that question the Secretary will
call the roll.
SECRETARY:
l8.
l9.
20.
22.
23.
25.
26.
27.
2ê.
29.
30.
31.
32.
33.
Bartufis, Bell, Berningr Bruce, Buzbee, Carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewald,
Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Johns, keegan, knuepfer, Knuppel, Kosinski,
Latherow, McBroom, Mccarthy, Merritt, Mitchlerp Howard
Mohrl Don Moore? Netsch, NeWhousez Nlnrod, Nudelman?
i Paàmer Partee Regner, Rock, Roe, Romanopoz nsa, , t
EapersEein, Eavickase Ech:ffer, Eeholl, Ehapiro, Emikh,
Sommer, Soper, Sours, Swinarski, Vadalabene, Walkery
Weaver, Welsh, Wooten, Mr. President.
PRESIDENT:
On that question the yeas are 26. The nays are 5.
SB 200 having failed to receive the required three-fifth's
17
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4.
5.
6.
8.
9.
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ll.
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14.
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16.
l7.
l9.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
3l.
32.
majority is declared lost. SB 183, senator Weaver.
SENATOR WEAVER:.
Mr. President and Members of the Senatez SB 183,
184, 5 and 6, all these comments are pertinent to a1l
of these four bills but l83 is an appropriation of
$12,138,599 to the State Universityïs Retirement
System. This is intended to bring the unfunded accrued
liability up to the 65t level over a period of 30 years.
In the veto message, the Governor points out that he has
appropriated sufficient dollars to meet khe payout level.
Well, we have...we are short in this years' pay out of
at least $200,000 in just thks one system. Also the
Governor refers to the funding level consistent with
the historically sound procedures of the Federal Social
Security Sysyem. A couple of years ago the FederalSocial Security deficit was in the neighborhood of three
trillion dollars however much that iszbut ik seems to. #' .
me that...that tùe Governor intends to fund State supported
pension funds in this same manner. We're in sad shape if we
don't address ourselves to this problem in the very near
future. understand the House has passed a pension bill,
a couple of bills for the downstate teachers in the amount
o/ forty-five million dollars this afternoon. Well, of
course these series of bills relates to al1 State supported
pension funds not just one and it was my intention when...
when I introduced these bills back in February to relate
to a1l the Stategs obligation not just one favorite pension
fund. I was chastised for introducing these bills but
there was very little input from the Governor's office,
none from the Governor's office and certainly none from
the other side of the aisle. There's no use'of debating
thèse bills but I would like a roll call on all khree bills,
Mr. President.
18
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PRESIDENT:
Is there further discussion? The question is
shall SB 183 pass the veto of the Governor to the
contrary notwithskanding. And on that questiYn
the Seeretary will call the roll.
SECRETARY:
Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
Chew, Clarke, Ccnolly, Course, Daley, Davidson, Donnewaldz
Douqherty, Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Johnsy Keegan, Knuepfery Knuppel, Kosinski,
Latherow, McBroom, Mccarthy, Merritty Mitchler, Hcward
Mohrz Don Moorer Netsch, Newhouse, Nimrod: Nudelman,
Ozinga/ Palmer, Partee, Regner, Rock, Roe, Romanoy
Sapersteinz Savickas, Schaffer, Schollr Shapiro, Smith,
Sommer, Soper, Sours, Swinarski, Vadalabene, Walker,
Weaverp Welsh, Wooten, Mr. President.
PRESIDENT:
On khat question the yeas are 29. The nays are 4.
SB l83 having failed to received the required three-fifthls
majority is declared lost. SB 184, senator' Weaver.SENATOR WEAVER:
Mr. President, Members of the Senate: 184 does the
same thing for the Teacher's Retirement System. Nothing
further to be added, it does the same thing over a thirty-
year period. It is an appropriakion of $61,265,446. I#d
appreciate a favorable roll call.
PRESIDENT:
Is khere further discussion? The question is shall
SB 1P4 pass the veto of the Governor to the contrary not-
withstanding. And on that question the Secretary Will
call the roll.
SECRETARY:
Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
l8.
l9.
20.
22.
23.
24.
25.
26.
27.
28.
29.
30.
3l.
32.
33.
19
3.
4.
5.
8.
9.
l0.
ll.
l2.
l3.
l4.
l5.
l6.
Chew: Clarke, Cpnollyz Course, Daley, Davidson, Donnewald,
Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Joùns, Keegan, Knuepfer: Knuppel/ Kosinski,
Latherow, McBroom, Mccarthy, Merritt, Mitchlek, Howard
Mohr: Don Moore, Netsch, Newhouser Nimrod, Nudelman,
Ozinga, Palmer, Partee, Regner, Rock, Roe, Romano,
saperstein, Savickas, Schaffer, Scholl, Shapiro, Smith,
Sommer, Soper, Scurs: Swinarskiy Vadalabene, Walker,
Weaver, Welsh, Wooten, Mr. President.
PRESIDENT:
Senator Soper.
EENATOR SOPER:
Just a suggestion. If we keep on going this fast
we could save yourself or khe State some money. We could
cancel that yhicken, we'll be out of here.
PRESIDENT:
On that question the yea's are 28. The nays are
SB l84 having' failed to receive the required three-
fifth's majority is declared lost. SB 185.
SENATOR WEAVER:
Mr. President and Members of the Senate, 185 appropriates
$10,408,230 to the State Employees Retirement System. I9d
appreciate a favorable roll call.
PRESIDENT:
Senator Knuepfer.
SENATOR KNUPEEER:
I just want to take a momenk to address this Body.
I have been here nine years now and every term I've seen
this absolute failure to deal with the pension issue.
But, what is most astounding to me is that an administration
that feels it can reduce taxes does not feel that it can
fuhd its liabilities to the teachers and the employees of
this State of Illinois. This money is owed whether we put
l8.
l9.
20.
2l.
23.
24.
25.
2?.
2:.
29.
30.
31.
32.
20
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4.
5.
6.
C
GN
l0.
ll.
l2.
the,money in or not and it ought to be paid. And I'm
just sorry to see another Session go by and leave
the question in limbo while We play games with programs
for tax refunding. If youbve got the money pùk it in
here where it belongs.
PRESIDENT:
Is there further discussion? The question is shall
SB l85 pass the veto of the Governor to the contrary
notwithstanding. On that question the Secrekary will
call the roll.
SECRETARY:
Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewald,
Dougherty, Fawell, Glass, Graham, Harbqr Hall, Kenneth
Hall, Hynes, Johns, Keegan, Knuepfer, Knuppel, Kosinski,
Latherow, McBroom, Mccarthy, Merritt, Mitchler, Hofvvard
Mohr, Don Moore, Netsche Newhouse, Nimrod, Nudelman,
Ozinga, Palmer, fartee, Regner/ Rock? Roe: Romano,
Saperstein, Savickas, Schaffer, Scholl, Shapiro, Smith,
Sommer, Soper, Sours, Swinarski, Vadalabene, Walker,
Weaver, Welsh, Wooten, Mr. President.
PRESIDENT:
.. .ouestion the yeas are 28. The nays are 3 and
l voting present. SB 185 having failed to receive the
required three-fifth's majority is declared lost.SB 186.
SENATOR WEAVER:
Mr. President and Members of the Senate, SB l86
is a real gem. Itvovit takes care of the Judges Retirement
System and I hope I get 35 votes on this.
PRESIDENT:
Does Senator Knuppel wish to be recorded aye?
Senator Knuppel.
l4.
l5.
l6.
l7.
l9.
20.
2l.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
21
SENATOR KNUPPEL:
I would recommend that a1l of those people who
voted to rescind thea..the action for constitutional
amendment ought to support this.
PRESIDENT:
Is there further discussion? The question is
shall SB l86 pass the veto of the Governor to the
contrary notwithstanding. On that question the
Secretary will call the roll.
SECRETARY:
Bartulis, Bell, Berning, Druce, Buzbeez Carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewald,
Dougherty, FaWell, Glass, Graham, Harber Halle Kennekh
Hall, Hynes, Johns, Keegan, Knuepfer, Knuppel, Kosinski,
Latherow, Mcgroom, Mccarthy, Merritt, Mitchlery Howard
Mohr, Don Moore, Netsch, Newhouse, Nimrbd, Nudelman,
i Palmer Partee, Regne'r, Nock, Roe, Romano,Oz nga, ,Saperstein, Savic'kas, Schaffer, Scholl, Shapiro/ Smith,
Sommer, Soper, Sours, Swinarski, Vadalabene, Walker,
Weaver, Welsh: Wooten, Mr. Presidenk.
PRESIDENT:
On khat question the yeas are 24. The nays are 7.
SB l86 having failed to receive the required three-fifth's
majority is declared lost. SB l87...Fawe1l. Take that
out of the record please. SB 218: senator Ozinga.
SENATOR OZINGA:
Well, Mr. President, this is probably an effort in
futility too.o.this...this again is one of the better bills
that the Governor was misinformed on as per custom and
this...by this bill we were creating what might be ealled
an automatic fire sprinkler contrackors and j'ourneymans
examining board. The appropriation which was contained
in 4l8 to examine these people was reduced and the
4 .
5 . .
8.
9.
1l.
12.
l4.
k5.
l6.
l8.
l9.
20.
22.
23.
24.
26.
27.
28.
30.
3l.
32.
22
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5.
6.
8.
9.
10.
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15.
l6.
l7.
l8.
Govérnor's veto appears to be based solely on the fact
that he feels the added expense ko the State, the primary
reason given in his veto message that it impose an un-
necessary cost on both the cities and local g6vernment
of the State. Then he commented also on the . ..lccal
government could do this. Well this is exactly why we
Wanted the bill so we would have people that would be
protective of the public welfare of the people that
would be in these larger buildings where they do have
large crowds qathering. This is...would have been a
good bill and would have aided and abetted the local
authorities to such an extent that their job would
have been made a 1ot easier and I would say that again
because of the misinformation a1l that I'm asking for is
a favorable çoll call and 1'11 go along with Weaver's 34.
PRESIDENT:
Is there further disaussi'on? The question is shall
SB 2l8 pass the v'eto of the Governor to the contrary
notwithstanding. On that question the Secretary Will
call the roll.
SECRETARY:
Bartulis, Bellr Berning? Bruce, Buzbee, Carroll,
Chew, Clarke, Conolly, Coursez Daley, Davidson, DonneWald,
Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Johns, Keegan, Knuepfer, Mnuppel: Kcsinski,
Latherow, McBroom, Mccarthy, Merritk, Mitchler, Howard
Mohr, Don Moore, Netsch, Newhouse, Nimrod, Nudelman,
Ozinga, Palmer, Partee, Regner, Rock, Roe, Romano,
Saperstein, Savickas, Schaffer, Scholl, Shapiro, Smith,
Sommer, Soper, Sours, Swinarski, Vadalabene, Walker,.
Weaver, Welsh, Wooten, Mr. President.
PRXSIDENT:
20.
2l.
22.
24.
25.
26.
28.
29.
30.
3l.
32.
. . souestion the yeas are 27. The nays are 6.
23
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8.
9.
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l7.
l8.
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20.
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22.
23.
24.
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26.
SB 218 having fpiled to receive the required three-
fifth's majority is declared lost. SB 333, Senator
Course. No. Senator 338. Senator McBroom.
SENATOR MCBROOM:
Yes...Mr. President, SB 338 does just what theCalendar says. I'm happy to report to you Mr. President
# ê
that Ilm sure this bill wonlt take much time and will
sail through with a comfortable majority in view of
the intense and extreme and unswerving interest that
the administration expressed in flood control Mr.l
President. Iîm confidqnt that b0th sides of the aisle
will concur on Ehis one. Appreciate a favorable roll call.
PRESIDENT:
Any other advocates of flood contrql wish to be
heard from? The question is shall SB 338 pass the veto
of the Governor to the contrary...to the contrary not-
withstanding and on thak ques'tion the Secretary will call
the roll. '
SXCRETARY:
Bartulis, Bell, Berning, 3ruce, Buzbee, Carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewald,
Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Johns, Keegan, Knuepfer, Knuppel, Kosinski,
Latherow, McBroom, Mccarthy, Merritt, Mitchler, Haward
Mohr, Don Moore, Netschp Newhouse, Nimrod, Nudelman,
Ozinga: Palmer, Partee, Regner, Rock, Roe, Romomo:
Saperstein, Savickase Schaffer, Scholl, Shapiro, Smith,
Sommer, soper, Sours, Swinarski, Vadalabene, Walkery
Weaver, Welsh Wooten, Mr. President.
PRESIDENT:
28.
29.
30.
!2.
33.
On that question the yeas are 29. The néys are 6.sB'338 having failed to receive the required three- fifth's
majority in spite of campaign oratory to khe contrary
24
. II
I
1. is declared lost.' SB 380, Senator McBroom.
2. SENATOR MCBROOM:
3. Welf, Mr...Mr. President/that shows up two places on
4. the Calendar. Actually it's on postponed. I don't ...
5. you want to go ahead n6W?
6. PRESIDENT:
7. .goproceed.
8. SENATOR MCBROOM: .
9. Well, Mr. President, I've gone over this bill and
l0. I don't think it's really necessary unless someone would
l1. want to ask me question too..to explain it further and
l2. it extends the kerms of township supervisors so they
l3. would coincide with highway commissioners which we did
l4. in a...in a previous Session Mr. President. I..wsenator '#
l5. Nimrod has an intense interest in this and so does
l6. Senakor Schaffer and Senator Berning. If they'd care
l7. to comment otherwise I1d just as soon have a roll call#
'
l8. Mr. President.
l9. PRESIDENT:
20. Senator Don Moore.
2l. SENATOR D0N MOORE:
22. .o.Thank you, Mr. President and Members of the Senate.
23.* I would just like to call to the attention of the Democratic24. Members from the County of Cook on the other side of the
i 1 who are not koo prone to often be in favor of town-25. a s e
26. ship government that this bill does not affect anybody in
27. the County of Cook. We presently elect a1l of our township
28. qfficials at one time at a specific election. so kf there
29. Was any thought on some of you Members over there that
3c. this bill applied to'tée township officials in Cook County
3k. and that their supervisors uera going to be extended for
f two years khat is not the case. It only applies32. a term o
33 doWnsEate.
25
2.
PRESIDENT:
Senator Nimrod.
SENATOR NIMROD:
. ..1 just want to...Mr. President, I just want
to call their attention to the fact that wqlre going
to have to address ourselves to the subject sometime.
. . .You can not have this constant waste of money
exist and I think what Wefre doing by not supporting
this is just spending eleven, twelve million dollars
for no reason at al1 and just want to call it to ourattention.
PRESIDENT:
Senator Rock.
SENATOR ROCK:
Yes, Mr. President, I rise in opposition to SB 380.
I think that if we esfablish the precedent where people
elect a person to office and then we can by legislation
extend that term of office that is a very, very tenuous
and dangerous precedent. In addition I would echo the
words of Senator Nimrod, we..oweo..those who have to
change the township boundary lines have to face this
sooner or later. There is no reason why they can't
face it now. I would urge opposition to SB 390.
PRESIDENT:
Is there further discussion? Senator Berning.
SENATOR BERNING:
It seems curious to me Mr. President, that we can sit#
here and complain about legislative action that will
undertake to save money for our taxpayers When I..oremind
the members here who may not have been here at the time
that the Supreme Court told many of us who were çlected for
four years thak we couldn't serve four years, they cuE us
off with two, mpre than once I might remind you. I submit
6.
9.
l0.
l2.
l3.
l1.
l7.
l8.
l9.
21.
22.
23.
25.
26.
27.
28.
29.
30.
3l.
22.
33.
26
k '
.
. !w $ ' I. : *; $ .1. that the Legislature does have the authority
. It was
2. done not long ago for another set of toWnship officLals.3 This Would represen: good: defensibler forward thinking*
.
4. action on the part of this.Body which of course unfortunately .5. does not take suchuaction too frequently. I submit this
,
6. is a desirable bit of legislation thak will benefit a1l7. tolzaships downstate. Werll save money for many of.. .for
8. a11 of our taxpayers who must vote in these elections and
9. it will benefit b0th Republican and Democrat officeholders.
l0. This ought to be a bi-partisan bill if we have ever had
ll. one in this Body.
l2. PRESIDENT:
l3. Is there further discussion? Question is shall SB
14. 380 pass the veto bf the Governor to the contrary not-
l5. withstandinq. On that question the Secretary will call
16. the roll. .
l7. SECRETARY:
.1:. Bartulis, Bell, Bernlng, Bruce, Buzbee, Carroll,
l9. Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewaldr
120. Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth . l21
. Hall, Hynes/aohns, Keegan, Knuepferr Knuppel, Kosinski, !l22
. Latherow, McBroom, Mccarthy: Merritt, Mitchler, Howardl23
. Xohr, Don Moore, Netsch, Nelihouse, Nimrod, Nudelman,Ij4 Ozinga, Palmer: êartee'z Regner'z Rock, Roe, Romano,
S kein Savickasy Schaffer, Scholl Shapiro 'Smith,25. apers , , , .
26. sommer, soper, sours, swinarski, vadalabene, Walker,:27. Weaver, Welsh Wooten, Mr. President. ii2: PRESIDENT:
l29 Senator McBroom. .
iac SENATOR MCBROOM: . 1* . .
Poll the absentees please.3l.
PRESIDENT:32.
Requesk for the call of the absentees. They will be j3 3 . . - .. . . . .-..- .uw - .
,called. Proceed.
27i
. !
SECRETARY:
Buzbee, Carroll, Chew, Course, Daley, Donnewald,
Hynes, Meegan, Kosinski, Mccarthy: Newhouse, Nudelman:
Palmer, Partee, Romano, Saperstein: Savickas, Smith,
Sginarski, Welsh, Wooten.
PRESIDENT:
On that question the yeas are 34. The nays are 4.
SB 380 having failed to receive the required three-fifth's
majority is declared lost. SB 418: Senator Ozinga.
Take it out of the record. SB 421. SB 4484 Senator
Bartulis.
SENATOR BARTULIS:
Thank you, Mr. PresidenE, and Members of the Senate. On
May 21st, SB 448,that passed this House witho..with a 45 to' 0
call and...just to help you along with, this is the bill
isoa.amends the School Code and would help in the area
where bank...bankruptcies in a school district is a detriment
to the...the State Aid Formula which they receive. And this
one bill in particular would help one school district
in my area and I know of no other ones but just one that...
in northern Illinois which they had a House Bill which
had been passed. And, as far as ï...I've checked on this
and OSPI has amended it to iEs wants and I could not find
any other school district that it wovld help but this one
school district in Madison County. It would help them
to the tune of $12,000 only. So I would like to have a
favorable roll call.
PRESIDENT:
2.
5.
6.
9.
l0.
l2.
l3.
l4.
l5.
l6.
l7.
l8.
20.
2l.
22.
24.
25.
26.
28.
29.
3Q.
32.
33.
question
pass the veto of the Govgrnor to Ehe conerary notwithstanding.
On that question the secretary will call the roll.
SECRETARY:
Bartulis, Bell: Berning, Bruce, Buzbee, Carroll,
w. wThere discussion? The is shall SB 448
28
1. Chew, Clarke, Conolly, Course, Daleyr Davidson , Donnewald, i
2. Dougherky, Fawell, Glass, Graham, narber Hall, Kenneth
3 Hall, Hynes, Johns, Keegan, Knuepfer, Knuppel, Kosinski,
4. Latherow, McBroom, Mccarthy, Merritt, Mitchle'r, Howard
5. Mohr: Don Moore, Netsch, Newhouse, Nimrod , Nudelman,
E. Ozinga: Palmer, Partee, Reqner, Rock, Roe, Romano,
7. Saperstein: Savickas, Schaffer, Scholly Shapiro, smith,
8. Sommer, Soper, Sours, Swinarski, Vadalabene, Walker,
9. Weaver, Welsh Wooten, Mr. President.
l0. PRESIDENT: . .
ll. On that question the yeas are 30. The nays are 6.
l2. ...senator Barkulis.
l3. SENATOR BARTULIS:
14. Thank youpMr. President. First of .a11 I want to
l5. thank you pepple for the vote and second I want to tell
.16. you the apples were on me today. I wanted to tell you
l7. after the bill came up. Thank yquoaothe worm.
l6. PRESIDENT:
l9. The yeas are 30. The nays are 6. SB 448 having
20. failed to receive the required three-fifth's majority '2l. is declared lost. ...Bil1 462, Senator Hall.
22. SENATOR HARBER HALL:
23. Mr. President, fellow Senatorsy SB 462 is $19,000,000
24. back to each and everyone of the counties in our great
25. State. This is not a provision that will provide something
26. for Cook County and nothing for downstate. It'z not... .
27. it's not a bill that will give something to the downstate
28. counties and nothing to Cook County everyone of the counties
29. wiil receive from now on - from 1975 on - tWenty-five per-
3c. cenk of the inheritance tax they collect. Now if you .(
21. recall the 1970 Constitution eliminated collàctor's fees
a2. inball the counties. As an example of what this does to
a3 the counties - in mv Drimàrv Countv of McLean the collector's. -*' '*' '* '''' l :
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fees amount to about $800,000 a year. With the passage
of this bill about two hundred or, between two hundred and two
hundred and fifty thousand dollars would be gained back by
retaining twenty-five percent of the inheritance tax that's
normally collected in the county. Your county is in the same
situation. I might tell you that because of the elimination
of persona.l property tax and the elimination of the collector's
fees that for the first 'time in my memory and it is the .
first time that have been informed the County of McLean
normally thought of as a rich, well-to-do, prosperous,
high assessed valuation county is in deep financial stress.
' They have presently budgeted showing a deficit in the
current yearfs budget of $500,000. This bill would go
a long way to reduce the size of that deficit. They have
never budgeted a deficit before. Now I have one other
thing to say. in favoraof this bill that you may not have
considered and that is in my oplnion this is a question of
a bill that is morally right. When I say morally right, I
say to you that each and every one of us will have an
estate - mine and others will be very small, yours, some
of you will have sizeable estates subject to the provisions
of an inheritance tax - when that happens I think you would/'
appreciate the fact that when the State comes in and properly
taxes your estate that a porticn of that would retain in
the county where you accumulated these funds and these
properties for the good of that county where you Were
fortunate enough Eo assimilate an estate of this kind.
And I think for that reason I can justly say Ehis is amorally right bill. Now for those of you who join the
Governor and say weli we can't afford it nows lt's a1l
right but we ,can't affora it. say to you this .bill
will noE take effect until...fiscal 1975 and aE the rate
the States are increaslng at the present rate in three
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years: the State .would never know they missed the Ewenty-
five percent, and from then on the take to the State would
be continuously increased every ye>r. So, I humbly suggest
that this is *he right bill at the time. Wc ha' ve the
funds and every county will be very greatful for your
support and the...veto of the Governor to the contrary
notwithstanding/ I solicit your support.
PRESIDENTZ
Senator Sours.
SENATOR SOURS:
This is a bill that I can't possibly imagine would
not receive the support of every single Member of this
Chamber. I think...l think the principle is good. I
just wish the Senator - call me Chuck - .and the...theother Senator. from Illinois would take a liking to this
kind of bill so thak the counties would èet some of
the benefits of the Federal Estatq Return that many
eople have to f iie for decedent ' s estates . This is aP
step in the right direction . The money has been going
to Springf ield and the money has been going to Washington
but not in equal quantities . Washington has been the
big - and I say this kindly - thief . . .and Springf ield
has been next in line . Now I hope Senator Percy and Senator
Stevenson will take a bill like 'his to heart and maybe
permik some of the property that is being sent to
Washingkon in the Eorm 706 , Eederal Estate Return and
also sent to springf ield under the Illinois Inheritance
Tax Return so the coanties Iay haye a littl/ someEhing.
When this was first posed I was opposed to it until I
learned thew..the problem of Ehe counties sincp the...
since the abolition or the ultimate abolition 'of the
peràonal property tax which will cease eo exist in another
three or four years. Now fhis does not need extensive
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debate belleve me and I...and I do hope...l do hope that
our Congressmen and our two United States Senators
i11 heed to a bill like this whic' h lets some of thew
property which goes willy-nilly to Washington and
which goes willy-nilly to Springfield where some of
it should'actually stay Where it was earned or ac-
cumulated or where the testator or the decedent had
his legal residence. I can't imagine anyone even
those from the Cfty of Chicago in the County of Cook
who would oppose this. I can't imagine anybody fram
southern Illinois, middle Illinois, northern lllinois
opposing this for their counties which need the money.
This is a bill that everyone should support, everyone.
PRESIDENT:
Senakor Partee.
SENATOR PARTEE:
Well, Mr. President. I think in candor it could be
said that this bill does have in fact some rather attractive
features for those of us who are concerned about our counties.
Of that $19,000,000 our calculations are that approximately
$10,200,000 would go to the county from which I hail,
Senator, hence it is attractive from a conceptual point
of vieu. I think certainly that this is an idea which
will in'the near future become the law in this State.
There is something to be said however for the vèto message
in terms of the fact that this money was not in the budget
and hence is not available for this kind of loss. NoW 1et
me point ouE to you that as Senator Hall sqys that it only takes
effect in 1975. That We have time to pass based on ex-
periences next yeqr, a bill of this or similar nature which
will help to accommodate the counties. A11 of the talk
that I have heard here today about the need in the counties
has been accurate except it has lefE out one vital difference
32
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between what the counties now receive and what they
received just a little bit ago before Pederal Revenue
Sharingvand there are examples and instances that I could
cite to you if I took the time of some counties thak have
revenue sharing money that they donlt know what to do
with. This of course does not erase the fact that there
are many counties that do in fact need these funds but
revenue sharing has made a great deal of difference in
terms of need from the couities and as I say, Senator
this is an idea whose time is rapidly approaching. But in
light of the present budget situation,l must vote present
on this bill.
PRESIDENT:
senator Graham.
SENATOR GRAHAM:
Mr. President and Members of the Senate, I'd like to
recall Eo the many vekerans of this Senate the facts as
we have learned them. I have been acquainted with them
for fifteen years but many times in our sense of being
cooperative vith county government so it could..oit could
be a viable part of our republic that we did in fact im-
pose upon them our judgments indidating to Ehem that we in
our wisdom or lack of it suggested that they perform
certain task and/or duties that we felt was indumbent upon
them as a part of the government of the State of Illinois.
And I have been a party to that and most of you gentlemen
who have any time in here have been a party to it also1.
but I would challenge your recollection to indicate when
if ever we have done anything about funding some of our
mandates. Yes, we have revenue sharing - in many cases
tied up' so tight that they can't do the things with it
that tfey should do. ' Townshlps, for inseance, are restricted
to the point that they can't spend the 'revenue sharing
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in the best interest of their..minterest of Eheir
constituencies. So we believe in one or two or
three things. I Wouid like the Sdnator of rein-
carnation and Senator Percy as Sours has saié to
do something also - they're the great dreamers -
we either.believe ip preserving our form of govern-
ment or we believe in destroying And some of
the same gentlemen on thls Floor Who are going to
vote against this bill are going to go back to
their constituencies next year and say oh yes we
do believe in keeping government closest to the
people, whilé at the same time they vote against
providing some of the fznds. The time has come,
Senator Partee, this is an idea this time is not
coming, the time has arrived. think it's incum-
benE upon us to either stand up and be counted, fish
or cut bait with regard to the preservation of the
county form of government or We say to them you
people be damn. Wefll take over your responsibilities
in springfield and utlimately Washington will serve
the same nofice on us. They'll take us over and I
don't believe al1 the wisdom in this country rest
either in the capitpl in Springfield or on the
Potomac Rivera
PRESIDENT:
. . .scholl.
SENATOR SCHOLL:
Mr. President, Members of the Senate, it was very
interestinq to realize that Cook County would receive
$10,000,000. Knowing the feelings of the people of,
Cook County, knowing that they want tax relief, knowing
the feelings of being a Member of Chicago City Council
for 10 years and knpwing how those people want tax
relief. I'm going to vote for this bill.
34
PRESIDENT :
2. Senator Doughyxty and then Senator McBroom.
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SENATOR DOCCHERTY:
I just want to be consistent. believe y'au
were a Member of this Body same as I was a number
of years ago when Senator Berning offered a bill
that would deprive the State of...I think was
50%: then he later...subsequen*ly reduced it 25% and
did not want to disturb the then present ad-
ministration of Governor Ogilvie by depriving him
of the same amount of Doney that would be in as is
indeed in this bill. I'm going to be consistent.
I believe I was the only Senator Who voted against
it at the time of its passage and I'm going to vote
no again. I have a list here of the surpluses that
are in existence in the various counties of the
State of Illinois and you Woukd b: surprised at the
tremendous amount'of money that the counties have.
They don't need this.
PRESIDENT:
Senator McBroom.
SEMATOR MCBROOM:
W1ll, Mr. Presidenk and Mambers of the Senate, I'm
speaking very briefly not because that I am persuaded
that what I have to say will change any votes on this
Floor but to underscore what 1 think is one of 2he most
important bills of this Session, the one that Senatot
Harber Hall is handling..ol don'k know where you get
your information Senator Dougherty and you know I have
infinite respeck for youp but youere certainly not talking
about the counties in the distrlcts which I represent.
I wbuld like to tell the Members of this Senate, when a
State's Attorney of your côunty comes to you and advises
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you that the seçvices
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are going to have to be cut
down because he'can not hire atkorneys and a good
many of you Gentlemen are lawyers who serve in this
Senate. You know it's absolutely ludicrous to' expect
the...an attorney, the State's Attorney to hire
Assistant State's Attorneys for 15 16,000 dollars a
year. That's the situation we faced in our county
not very long ago and I'm happy that I was one of the
ones that opposed it. Nok very long ago we mandated that
a good many of the counkies buy voting machines and
didn't give them any means by which to purchase these
voting machines. Constituticnal Convention saw
fit to eliminate a 3% collection fee...I...I Want to
congratulate you Senator Hall on your foresight and
on one of th< finest bills of this Session and one of
the most necessary ones. I certainly iltend to vote
aye.
PRESIDENT:
Senator Donnewald.
SENATOR DONNEWALD:
I heard Senator McBrooM mention something about
voting machines downstate. I wonder.e.how .he changed
his position. I think a Session or so ago that I
sponsored a bill ko put voting machines downstate and#
Senator I think you opposed that violently.l
PRESIDENT:
Senator McBroom.
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SENATOR MCBROOM:
Well, Senator Donnewald, I...perhaps you didn't hear
what I sald that was part of my argument. I said that I
did oppose voting machlnes, that We imposed an additional
ex/ense on the counties without giving them any means to payfor them and I'm..-just usèd that as an argument in support
36
of Senator Hall's bill. You are corectz I opposed
them. Yes.
PRESIDENT:3.
4.
5.
Senator Schaffer.
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SENATOR SCHAFFER:
In the next few weeks I suspect those of us from
downstate are going to have to jit in this Chamber
and listen to the problems of Ehe Chicago Metropolitan
Area and the CTA. I hope that you Gentlemen get...
frot Chicago and Cook County get better treatment
from the Republicans on your problems than you are
obviously prepared to give those of ua from downstate
On OurS.
PRESIDENT:
Senator Merritt.
àENATOR MERRITT:
. . .Yes...Mr. President, Members of the Senate, those
of you who know me the best know that I'm going to be
brief. Been much discussion on this subject. I know that '
what Senator Dougherty was alluding to Was the figures
out of Comptrollerls Office in my 'own county but we must
consider also that those were '72 balance figures and
certainly in my County of Vermilion which is a Tairly
good sized downstate county is 72,000 surplus at the
end of '72 was no comfortable balance. It's a1l been
eroded away since that time. In my own county they're%
having budget hearing meetings every week right now.
TheyRve gone so far as to cut twice and now calling
each officeholder back. and saying theylre going to just
arbitrarily cut people out of there because they can't
finance'it and I knowethis is going on in al1 downstate
counties. If I have an opportunity here as one Senator
to help alleviate those financial burdens back home I/
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want to go.home and said I faced my. fiscal responsibility
in doing so. And, I think those of us in those type of counties
downstate should do likewise.
PRESIDENT:
Is there further discussion? Senator Hall may close
the debatç.
SENATOR HARBER HALL:
Well, Mr. President, I want to thank each and every
Member who has listened to the discussion, who has thought
about this bill. I know however your vote will be from
your heart and which you think is best for the people of
Illinois. I would Point out to some of the neWer Members
of the Senate, newer people to State government aqd county
government that the maximum tax levy in any county is 15
mills, that's 15 cents on a hundred dollars of assessed
valuation. That's not very much. There's hardly any
taxing body who can't tax at a higher rate than that. And
with that 15t the people want a county executive; they want#
better management, they want data processingr occasionally
they want a new court house to supplant one that's a hundred
and twenty years o1d and falling down. They want to be
able to attract good employees. They want to do a1l that
with 154. The County Board of McLean County came to me
and other Members of the Legislature and they said either
increase the %ax levying so that we can opérake this
counky or get something done for county government. We can
not continue on when you keep taking away and give us
nothing in return. So I think Ladies and Gentlemene#
particularly those who feel Ehey may have to vote agalnst
this good measure that you have an opportunity here that
will not hurk the Governor's budget. I've heard Hal Hovey
say webre going to have a l62 excess million dollars, plus
thirty million dollars for parochial aid which we can't adopt,
38
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plus this and plus that. When T get through adding
up these figures it would seem to me we have somewhere
in the neighborhood of $300,000,000 of potential excess
in the budget. So if you can't afford to help county
government when you have deprived them of their previously
accessible resources I would say you have to face your'
constituency and you have to face those people who are
elected to a lower branch of government than you and
still ge: the job done...however you vote I will respect
it but I would solicit your vote at this time.
PRESIDENT:
Question is shall SB 462 pass the veto of the Governor
to the contrary notwithstanding. On that question the
Secretary will call the roll.
SECRETARY:
Bartulis, Bell, Derning, Bruce, Buzbee, Carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewald,
Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Johns, Keegan, Knuepfer, Knuppel, Kosinski,
Latherowr McBroom, Mccarthy, Merritt, Mitchler, Howard
Mohrg Don Möore, Netsch, Newhousey Nimrod, Nudelman,
Ozinga, Palmer, Partee, Regner, Rock, Roe, Romano,
Saperstein, Savickas, Schaffer, Scholl, Shapiro, Smith,
Sommer, Soperr Sours/ Swinaréki, Vadalabene, Walker,
Weaver, Welsh.Wooten, Mr. President.
PRESIDENT:
Been a request for a call of the absentees. The
absentees will be called. Proceed.
SECRETARY:
Carroll, Chew, Clarkeg Courser Daley: Donnewald:
Dougherty, Kenneth Hall, Hynes, Keegan, knuppel, Kosinski'
i P tee Rock,Mccarthy/ Newhouse, Nudelman, Pa mer, ar rRomano, Saperskein, Savickas, Smith. Gwinarski, Welsh.
l8.
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Buzbee,
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PRESIDENT:
On that question the yeas are The nays are 4.
SB 462 having failed to receive the required three-fifth's
vote majority is declared lost. SB 599, Senatbr Course.
SENKTOR COURSE:
Yes, Mr. Chairman, I'm not going to call 599 and 600.
Prior to filing this wikh the Secretary I tried to get
in touch with the...the Secretary of the Commerce Com-
mission and was...Well, I didn't geV in touch with him period.So I filed the m'otion, and after I had filed the motiop I got
a call from the Secretary and I discussed this with the
Secretary and members of his staff and he told me that
if this...these tWo bllls were passed and 333 is like-
Wise that ik would make administrating %he Motor
Carriers of Property Law more difficult and for that
reason I'm not going to call the bills and I thought that in
fairness to the people who did suqport this legislationat the Reglular Sèssion, I owed them an explanation.
Thank you.
PRESIDING OFFICER (SENATOR GRAHAMI:
The next bill will be SB 621, Senator Glass.
SENATOR GLASS:
Thank you, Mr. President. I'm going to move at this
time that the veto of the Governor of SB 621 to the contrary
notwithstanding that this bill be passed. Now just to
give the Membership a little bit of background, 62l and
SB 620 were companion bills. As a package they increased
the support oi the State for Vocational Education andid d that the State will pay the so-called cost over-prov e
ride, that is the difference in cost between the ordinary
academic student and the Vocational Education'student.
.. .1 don't think I mentioned when I discussed this bill
last week a few important factors that I will bring to
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your increased the cost
override factor in about 6 years. Now it's true that
the Stace has increased support for Vocational Education
slightly but it..ait hasn't increased at all in the last
three years...it has...in the cost override support
hasn't increased in the last six years. This, I think,
is a deplorable situation. We have in fact had enormous
increases in enrollment far greater than those that I
had earlier.m.provided for you. The increase in enroll-
ment in the last three years in Elementary Vocational
Programs has been almost sevenfold: that is from 103,000
up to 783,000. At the secondary level during that period
we have increased approximately 60,000 in enrollment and
during that period the State support for Vocational Ed
has actually declined from 14,700,000 down to 14,200,000.
NoW these figures I think are shocking at a time When
wefre encouraging our young people to get into Vocational
Edusation- Programs. The State is actually promoting in-
creases in enrollment. I know that many of you have re-
ceived letters from vocational people throughout the State
and I think you should take a good look at these letters
because this is something that is felt in every area of the
State, particularly in the metropolitan areas. Quoting from
a letter that Senator Sours provided me from the Peoria area:
Employers . and students of Peoria County and our entire State
have been receptive and supportive of tùe renewed educational
emphasis on educaEion for ,careers and vocations. Legislators
overwhelmlngly supported SB 620 and 621 only to have these
bills vetoed by our Governor. I have a similar letter
from the Chicago Teachergs union urging support of the
override on these bills and so goes throughout the State.Nowy I 'm aware that the Governor said Ehat this 7 .2 million. .o,
dollars was not ln his budget but ou& of a 7 million dollar State
attention now. We have not
41
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budget and with all the other attempts to override
that have failed I am certain that this amount of
money iq involved and' I think more importantly I
should bring ouE khis point in closing . When we
Ealk about providing the differential in costs, we're . . .
we are really talking about only 20% of that
differential. If we pass this bill we will only
be at the 20% level and really pnly holding the
lïne. 1...1 gould submit to you that having already
supported in past SB 620 the companion bill wâth 36
votes this bill came within two votes of achieving
an override. I would earnestly urge a11 of you to
. ..to give us these votes and let this bill pass
notwithstanding the veto of the Governor.
PRESIDING OFFICER (SENATOR GRAHM4):
Senator Partee.
SENATOR PARTEE:
Mr. President and Members of the Senate, particularly
Senator Glass, 1et me say to you that Vocational Education
as a subject and as a concept is something that I have
long supported. I want you ko know that very recently
I have been very disturbed about what I call the college
syndrome in America today. I think that an awful lot of
people are going to college today not because they really
want to go or not because their parents are particularly
interested in them as individuals going but because I think
it has some social aspect involved in whether or nott
your kid's going to college and where he's going. I think
a lot of people would be much happier kf their students who
were not college material particularly or who didn't Want
to go even if they were mighk be better off in some type ofj . '
Vocatiolal Guidance. .There has growing up in this country
a group of people that refer to as elitists who are more
42
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than.concerned about college preparation and schooling
.. .to the distress it seems to me of a large number of
young people who would be in much brtter shape in a
Vocational school. I want very much to suppori thisbill. It however is not in the Governorfs budget
. We
will survive if this bill does not become legislation
and ï say to you and I give you Ehis word that in the
next Session of the Legislature we will do something
which does not stretch the amount of money fron what
appears to be a plateau 7 million dollars into a 21
millicn dollar obligation Within the next year or so.
think there are...needs to be a great deal more in-
depth study made in terms of determining how best we can
accompllsh this jo5 at a price or at an amount which
can be accommgdated by the next State budget. I com-
pliment you fcr tha idea. You will have'my support
next time but welre going to be do/ng something elsewith the bill in terms of having it accommodate a
budget. This is a good idea and I agree that Vocational
Education is a subject which needs a great deal more
funding in our State. I'm going to have to in light
of what I said to you howevery vote present.
PRESIDENT:
Kny fuxther discussion? Senator Berning.
SENATOR BERNING:
Just occurs to me, Mr. President and members of the
Body that We can be acting responsibly here by attacking
a dual problem. Obviously, as even the Minority Leader
indicates, we need more Vocational Education and I submit that
it does us no good and it doesn't do us proud to pro-.
crastinate and put off enhancing the Vocational Education
Pro/ram. But, let me point out to you that We do have a
golden opportunity to furthèr reduce the ever, apparently
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ever' increasing'demand for welfare every time we make
it more nearly p'ossible for someone to support himself
and his family. I submit that this is a bill we ought to
pass. There is no justification for delay. We havecerkainly more than seven million dollars surplus in
the General Account right now. This bill deserves your
aye vote.
PRESIDING OF#ICER (SENATOR GRAHAM):
Any further discussion? Senator Glass may close
khe debate.
SENATOR GLASS:
Thank you, Mr. President. I want to thank Senator
Berning who is a member of the Commission on Urban
Education from whence this bill came and particularly
Senator Partee for very eloquent remarks in support
of Vocational Education. He said many things that I
had intended to say and I think said them far better
than I could have. But 1...1 Would just point thisout to you Ladies and Gentlemen who do not intend to
vote for this billm..lt's al1 very well and good to
say that next year and at the next Session we will
address this problem and provide some more funding but
ik is the thousands, and hundreds of thousands of new
students in these Vocational Education Progralns noW
that will suffer because webre waiting until next year.
It's their programs that are going to be inferior and
Ehey only have one chance to go through school and take
them. The money is available. I urge your support.
PRESIDING OFFICER (SENATOR GRAHM !):
The question before the Senate ls shall SB 62l p'ass
Ehe veto of the Governor to the contrary notwithstanding.
Secretary Will call the roll.
SECRETARY:
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Bartulis, Bellz Berning, Bruce, Buzbeee Carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewald,
Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Johnsy Keegan, Knuepfer, Knuppel, Kosinski,
Latherow, McBroom, Mccarthy, Merritt, Mitchler? Roward
Mohr, Don Moore, Netsch, Newhouse, Nimrod, Nudelman,
Ozinga, Palmer, Partee, Regner, Rock, Roe, Romano,
Saperskein, Savlckas, Schaffer, Scholl? Shapirop Smith,
Sommer, Soper, Sours, Swinarski, Vadalabene, Walker,
Weaver, Welsh Wooten, Mr. President.
PRESIDING OFFICER (SENATOR GRKHAMI:
. ..were you voting aye? ...question the yeas
are 30. The nays are none, eight voting prmsent.
SB 62l having failed to receive the constitutional
three-fifth's vote required is declared lost. The
next one we have marked up here is SB 663, Senator
McBroom.
SENATOR MCBROOM:
Well, Mro..president, I'd like to make an inquiry
of you. You think this would be a judicious time
Mr. President in view of the fact that Senator Mohr
and I are about the only two on tie Floor. Could you
respond to that Mr. President?
PRESIDING OFFICER (SENATOR GRAHAMI:
If I am using the record of the last roll calls
I don't know when there would be a propitious time.
SENATOR MCBROOM:
Well...
PRESIDING OEFICER (SENATOR GRAHAMIZ
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SENATOR MCBROOM:
Mr. Presidenty Mdmbers of the Senate, this bill
passed the previous session. I believè that Governor
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Oqil.vie was illzadvised when he vetoed it. I would
submit to you the same thing holds true this time
when Governor Wélker saw fit to veto the bill. I
am advised Mr. President, that the members of 'his staff
contacted no responsible travel agents in the State
of Illinois to get their views on this particular
piece of legislation. I'd llke to read here, Mr.
President, avcouple comments if I may. Governor
Walker's staff made three points against this bill
all of which in 'my opinion were invalid as I will
try to point out. First it was said the adoption of
this bill would unfairly burdened some agents to the ad-
vantage of others and crqated administraEive hard-
ship on agenks operating in..oin this a: well as
other States. ...Many of the travel agents submit
that this is entirely false Mr. President and 1...1
submit it is too. The second' point in the veto message
stated that the lïcensed travel agents and salesmen
would not protect the consumer from fraudulent agencies
in the State. This is not the case this is the exact
purpose of the bill. Thirdly, Governor Walker states
Ehat we are the most restrickive and legislative in-
dividuals in the United States. 1...1 question that
that is true. The bïll...the bfll in question would
I think help to circumvent some of the problems that we
read about not very long ago when hundreds and hundreds
of individuals werew..stranded in Europe. ...I'd'
1 s I,a appreciatebe happy to try ko answer any quest on .
a favorable roll call, Mr. President.
PRESIDING OFFICER (SENATOR GPAHAMI:
Any discussion? Senator Harber Hall.
SENATOR HARBER HALL:32.
33. Mr. President I had the pleasure of serving on the
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Travel Agency Stqdy Conaission and the Chairman:
Senator McBroom, convened that Commission several days
and late in the evening and this bill had the support
of travel agents throughout the State. The reason for
my interest in this area was that literally hundreds of
college students who had been sold trips to Europe found
themselves stranded over in Europe. They were my con-
stituents and I presume .everyone had constituents in
this category because unscrupulous travel agents had
come in and sold them a buckeE of worms. I think this
bill was designed to alleviate this situation and I
would support this bill.
PRESIDING OFFICER (SENATOR GRAEKM):
Any further discussion before the main question is
put? The question before the Senate is then shall SB)
663 pass the veto of the Governor to the contrary not-
withskanding. Secretary Will call the roll.
SECRETARY:
Bartulis, Bell, Berning, Brucey Buzbee, Carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson , Donnewald,
Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Johns, Keegan, Knuepêer, Knuppel, Kosinski,
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, Smith,
Sommer, Soper, sours, Swinarski, Vadalabene, Walker,!
Weaverp Welsh Wooten, Mr. President.
PRESIDING OFFICER (SENATOR GRAHAMI:
There has been a'request for a call of the absentees.
Absentees will be called.
SECRETARY:
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33. Bruce, Buzbeep Carroll? Chewl Clarke. Course, UonneWald:
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1. Dougherty/ Fawell, Kenneth Hall, Hynes, Johns, Keegan,2. Knuepfer, Knuppel, Mccarthy, Netsch, Newhouse, Nudelman,
3. Ozinga, Palmer, Partee, Rock, Saperstein, Smith, Swinarski,* .
4. Vadalabene, Welsh, Wootenz .
5. PRESIDING OFFICER (SENATOR GRKHAM): ,
6. Fawell, aye. Wqre you voting aye, Senator Carroll?
7. On this question the yeas were 32. The nays were 1. One
8. member voting present. SB 663 failing to receive the
9. consEituEional three-fifth's majority required is there- '
l0. fore declared lost. SB .664, Senator McBroom? The question
ll. before the Senate is shall SB 664 pass ahd. on that question
l2. the Secretary will call the roll.
l3. SECRETARY: . .
l4. Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
l5. CheW, Clarke, Conolly. Coursee Daley , Davidson, Donnewald,
l6. Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth
17. Hallr Hynesp Johnsr Keegan, Knuepferf Knuppel, Kosinski?' 18. Latherow, McBroom, Mccarthy, Merritt, Mitchler, Howard
19. Mohr, Don Moare, Netsch, Newhouse, Nimrod, Nudelman, '
I20. Ozinga, Palmer, Partee, Regnerr Rock, Roez Romano, ;:' j2y. saperstein, Yavickas, Gchaffer, Scholï, Shapiro, Smith ,
22. Sommer, Soper, Sours, Swinarski, Vadalabene, Walkere
23. Weaver, Welsh Wooten, Mr. President.'
ii4 PRESIDING oFFIc2R (sEkAToR ckAHAM): i
. I25. On this question the yeas are 28. The nays' were 2.
26. SB 664 failing to recezve the required three-fifth's iI
. 27. majority is therefore.declared lost. SB 692, Senator... ij
2g. take it ouE of thq record. Qhe next bill #hen would be i(29
. SB 731, Senator Don Moore. :. !
13c. SENATOR MOORE: . I
laz. .. .Thank you Mr. President, Members of the Senate. j. . 1
)p. Mr. President, Members of Ehe Eenate IId like. - .unanimous E
a consent to heareooor have one roll call on 731 and 732.3 . . .. .
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They are companion bills, 732 is the appropriation bill
connected with i3l. I would ask for unanimous consent to
hear b0th these bills at the same time.
PRESIDING OFFICER (SENATOR GRAHAM):
We have to I think according to our constitutional
requirements have to require separate roll calls on
each bill Sehator.
SENATOR MOORé:
A1l right, thank you Mr. President. SB 731...
President, Members of the Senate, is a bill which authbrizes
the Department of Agriculture to participate in the funding
for preparation of the Chicago Metropolitan Area River
Basin Plan by the United States Department of Agriculturey
Soil Conservation Service. This plan côvers all or parts
of the Countles of Cook, Dupage, Kane, Lake and Will Counties
lying within the watersheds of the Des Plaines River and
Poplar Creek. A cooperative agreement was entered into
on March 1, 1971 between the Soil Conservation Service
and the Metropolitan Sanitary District in Greater Chicago
to provide for the preparation of this Plan. During the
fiscal year of '7l and '72 the Metropolitan Sanitary Dis-
trict of Greater Chicago has financed this Plan. In î73
the Federal Government began to contribute to this funding.
Up to June 3Gth of $752,000 will have been committed
by the Metropolitan Sanitary District in the preparation
of this Plan. I think that this is a good billm..there
has been a very substantial amount of money invested in
this partlcularly by the Metropolitan sanltary District.
The bill Was introduced at their request and I Would request
a favorable roll call on this worthwhile piece of ldgislation
Ehat would help us out up in the Northeastern secEion of
the County of Cook.
PRESIDING OFFICER (SENATOR GRAHAMI:
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Discussion? àenator Howard Mohr.
SENATOR MOHR:
Yes; Mr...Mr. President, Members of the Body,
senator Savickas you might want to hear thiso..senator
Moore is khis the same bill thit Senator Savickas handled
during the Regular Session?
PRESIDING OFFICER (SENATOR GRAHAM):
Senator Don Moore.
SENATOR MOORE:
Yes it was. Senator Sivickas was the chief
sponsor. I was the first co-sponsor under the bill.
SENATOR MOHR:
Well, until Senator Savickas explained it op the Floor
of the Senate I personally wasn't in favor of the bill
but after his explanation, some months back, I was per-
suaded to vote for it, .1 see hels leaving, I just
want to make sure that he's on his own bill.
#RESIDING OFFICER (SENATOR GPAHAMI:
Hebll be back. Senakor Partee.
SENATOR PARTEE:
I suppose this could be called love they neighbor
hour. It's very nice of Senator Mohr to attempt to move
with the bill of Senator Savickasf, that's very kind and
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thoughtful and I'm sure you have his cratitude but I
think perhaps he did not tell you that his opinion has changed
since he passed the bill based on a recognition of certain rather
basic facts. And, if you ,read the veto message you would
hqve come to know and understand that this bill is no
longer necessary. The fact of the matter is as the Governor
says in his veto messagd that b0th the EPA and the
Division of Waterways are now involved in similar planning
operations and the District can meet its committment to
the Federal Government kithout Ehis appropriaEion of the
state. so nothing will be lost to the taxpayers in that
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2. $172,000 on taxpayers who eventually are the people who
3. fund a11 of these propositions. bo the matter tbét '* * e .
4. Senator Savickas sought to accomplish will ân fact be .
5. accomplished without this money because of a planning .
6. in other areas. This Would be duplicative and I'm sure
7. you would not Want to have a duplicaEive effort particularly
8. .wàqn it cost $172,000. For that reason I am going to vote. . - . y'k-'fv .. (- ' ' '. , . p ,. ' : . ( .9 .' .' present. '
. t e :. 1 'L .
l0. PRESIDING OFFICER (SENATOR GRAHAMI:
ll. See, Sepator Savickas is back and he's going on fur- '
l2. lough. You can tell by looking. Senator Don Moore.
l3. SENATOR MOORES '
14. . To very briefly close I can appreciate the very kind
l5. remarks of the distinguished Minority Leader. I sure
l6. don't want duplication either and I'm happy to hear that
l7. the EPA and another branch of State Government is getting
,18. involved in this particular plan. However the fact that
l9. the Metropolitan Sanitary District for the last two or '
20. three years has expended over $750,000 on this plan, I
2l. think if thére's any duplication itis the new areas that
22. the administration has seen fit to go into. I don't think
23 that We up there and within the confines of the MSD Bhoùld ''
b - ou might iay fiked or deprived of the $752,000 that's24. e y
25. been investedg I Ehink thak once we have embarked on a
26. program like we have :or the last several years and this
27. particular program I think we should continue on it. I
28. don't think We should aban/on it and say okay EPA or Waterc9. Management Resourees you go ahead and start another plan.
3c. I think this is a good bill Mr. President. . I think that
az the veto of the Governor should be overridden and I would
a2 respectfully request a favorable roll call.
PRESIDING OFFICER (SENATOR GRAHAMI:
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.Any further.discussion? Question before the
Senate is shall' SB 731 pass the veto of the Govprnor
to the conkrary notwithstanding. secretary will
call the roll.
ACTING SECRETARY (MR. WRIGHT):
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, Kosinski,
Latherow, McBroom, Mccarthyr Merritt, Mitchler, Howard.
Mohr, Don Moore, Netsch, Newhouse, Nimrod, Nudelmany
Ozinga, Palmer, Partee, Regner, Rock, Roe, Romano:
Saperstein, Savickas, Schaffer, Scholl, Shapiro, Smith,
Sommer, Soper: Sours, Swinarski Vadalabene, Walker,r
Weaver, Welsh Wooten, Mr. President.
PRESIDING OFFICER (SENATOR MOHR):
McBrpom, aye. Senator Partee. present. Senator
Welsh, present. Senator Daley, present. Senator
Kosinski, present. Senator Carroll, present. Welcome
back, Gèntlemen. On that question the yeas are 24.
The nays are 2, five voting present. SB 73l having
Taiied to receive the required three-fifth's vote is
declared lost. Senator Don Moore on SB 732.
SENATOR MOOREZ
Well, Mr. President, I was just amazed at that
last roll call. I thought sure such worthwhile piece
of legislation such as this that would assist the
Metropolitan Sanitary District ip the northeastern
part of the State of Illinois would have overwhelmingly
been.oobeen carried by the three-flfth's vote necessary.
. . .SB 732 and 1'11 give it a whirl for what it's worth.
PREàIDING OFFICER (SENATOR MOHR):
senatory that is the a/propriation for that bill. 1...
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SENATOR MOOREZ
That is the appropriation bill for. ..
PRESIDING OFPICER (SENATOR MOHR):
You want to try...
SENATOR MOORE:
$172,500...and I would give it a whirl and see
what happens Mr. President.
. PRESIDING OFPICER (SENATOR MOHR):
The question is shall SB 732 pass the veto of the
Governor to the contrary notwithstanding. On that
the Secretary will call the roll.
ACTING SECRETARY (MR. WRIGHT): .Barkulis, Bell, Berning, Bruce, Buzbeer Carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson: DonneWald,Dougherty, Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Johns, Keygan, Knuepfer, Knuppel, Kosinski,
Latherowe McBroom, Mccarthy, Merritte Mitchler: Howard
Mohr, Don Moore, Netsch, Newhouse, Nimrod/ Nudelman,
Ozinga, Palmer, Partee, Regner, Rock, Roe, Romanoy
Saperstein, Savïckas: Schaffer, icholl, Shapïro, Smith,
Sommer, Sopere Soursy Swinarski, Vadalabene , Walkerg
W Welsh Wootenz Mr. Presidezt.eaver,
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.+'PRESIDING OFFICEPJ (SENATOR MOfJi) :
On that question the yeas were 23, the nays are 4 and
three vbting present. SB 732 having failed to receive the
required 3/51s gote is deelared lost. Wank to try again Senator?
senator Moore on SB 733. SB 733.
SENATOR DON MOORE:
Well, Mr. President, ites apparent that the remaining
four bills that were introduced at the request of the
Metropolitan Sanitary District of Greater Chicago are nok
going to receive enough votes from the other side of the
aisle: even though they do involve the west branch of the
Dupage River, the construction of retention reservoirs,
the Willow-Higgins watershed in Cook County, etc. So
I would ask that SB 733, 4, and 6 be stricken from
the Calendar.
PRESIDING OFFICER (SENFTOR MOHR):Well, senator weell leave that on the Calendar.
The clock is running out so there's no point in striking
them. Senate..-sB 833, senator Harris. Senator Harris.
SENATOR HARRIS:
Mr. preslaent, sB 833 is a bill that we dealt with
day last week, and upon the fequest of a verificationone
one of those members who was here in the building but could
not reach the Floor in time to sustain the 36 votes for
an override. The bill had to be put on postponed con-
sideration. Now this bill deals with an increased appropriation,
20% increase to the county fairs and the 4-H student program!
in Illinois. It involves a total of 4360,000. The presênt
budget anticipated back in March when it was locked up,
anticipates that there 'will be a balance of a million an
a half in the General in the Agricultural Premium Fund.
This would reduce th%t...I'm sorry. It anticipates a million
six-fifty. This would reduce khat amdunt by
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this $360,000. The fact that is that the handle at the
race track so far this year indicates that there will
probably be some four million dollars ïore than was
anticipated back in March aè the time the budget was locked
up. Clearly there is no great budgetary burden invclved
in providing this $360,000 out of the Agricultural Premium
Fund for the l02 county fairs and the 4-H student program .
We had the 36 votes the other day. I invite that same
group to join me again in passing SB 833 the veEo of the
Govûrnor to the contrary notwikhstanding.
PRESIDING OFFICER (SENATOR MOHR):
Further discussion? Senator Sours.
SENATOR SOURS:
Just very briefly Mr. Presidentz Senators. This is
something all the county fairs want. I can't imagine
anyone even Cook County not supporting this.sothis bill
vith enthuliasm.
PRESIDING OFFICER (SENATOR MOHR):
Further discussion? The question is shall SB 833 pass,
the veto of the Governor to the contrary notwithstanding.
On that the.sêcretary Will call the roll.
ACTING SECRETARY (MR. WRIGHT):
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, Kosinski,
Latherow, McBroom, Mucarthy, Merritt, Mitchler, Howard
Mohr, Don Moore, Netschy Newhouse, Nimrody Nudblman,
Ozinga, Palmer, Partee, Regnery Rock, Roe, Romano,
Saperstein. Savickas, Schaffer, Scholl, Shapiro, Smith,
Sommer, Soper, Sours: Swinarski, Vadalabene: Walker:
Weaver, Welsh, Wooten, Mr. President.
PRESIDING OFFICER (SENATOR MOHR):
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Weaver, aye. Howard Mohry aye. Nimrod, aye.
Request to call the absentees. On Ehat question the
yeas are thirty-three, the qays are none. Senator Sours.
SENATOR SOURS:
Could we have verification of that roll call?
PRESIDING'DEFICER (SENATOR MOHR):
You may if you ask for it Senator. Request for
verification. Will the Members please be in their seats?
The Secretary will call the roll.
ACTING SECRETARY (MR. WRIGHT):
Those voting in the affirmative: Bartulis, Bell,
Berning, Buzbee, Clarke, Conolly, Davidson, Fawell,
Glassy Graham, Harber Hallz Keegan, Knuepfer, Mnuppel,
Latherow, McBroom, Merritt, Mitchler, Howard Mohr,
Don Moore, Nimrod, Ozinga, Regner, Roe, Schafferz Scholl,
shapiro, Sommer' Soper, sours, Walker, Weaver, Mr. President.
PRESIDING OFFICER (SENATOR MOHR):
Roll call has been verified. The yeas are thirty-
threez the nays are none. SB 833 having failed to receive
the required 3/5's vote is declared lost. ...at ease fora couple of minutes. There's a motion on the Secretary's
desk.
(The following pages typed previously)
56
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SECRETARY :
Motion. I move to take frcn khe Table the
motion to reconslder the vote on'the passage of SB 8*66,
the veto of the Governor to the contrary notwithstanding.
Signed, William Harris.
PRESIDING OFFICER (SENATOR M0HR):
That motion is not debatable. The motion is not
debatable. Senator Partee.
SENATOR PARTEE:'
Would khe Secretary tell me what was the motion after
the announeement of the passaqe of the bill? There was a
motïon made by Senator Palmer, seconded by Senator Kosinski.
There's been a motion made to reconsider and the .motion vas
Tabled. We cannot, reconsider it under those circumstances.
PRESIDING OFFICER (SENATOR MODR):
That motion was Tabled and thig motion reads to
take from the Table. So the motion is in order, khe Chair
Will rule it's not debatable. Senator Partee.
SENATOR PARTEE:
That was several hours ago, may I inquire if the bill
is still ih the possession of the Senate and if so why.
PRESIDTNG OFFTCER (SENATOR MOHR)
It still is in the possession and T can only assume
that the Secretury hés been busy out here and that's why
it hasnlt left the Chamber, I...don't know that khey run
them right over to th= House after they pass, Senator.
Al1...a1l... There's been a requ/st for a roll call, the
secretary will call the roll. Senator Partee.
SENATOR PARTEE:
6.
8.
9.
l0.
l1.
l2.
13.
l4.
l7.
l8.
20.
2k.
22.
23.
-:4 4)
25.
26.
27.
28.
29.
30.
32.
33.
These are your rules. I 'certainly will abide by
them. But I think the parliamentary inquiry that I now
make a bill has been Tabled you make a motlon now
to take it from *he Table, your rules requlro that there
57
3.
4.
5.
3,
9.
l0.
l1.
12.
must be a 'suspension of the rules to perform that act,
which requires as you know 36 votes.
PRESIDING OFPICER (ZENATOR MOHR)
Zt still takes 30 votes Senakor to suspbnd the rules
and it takes 30 votes also to take from the Table. There's
.. othe motion to take from the Table is in order. Thbre's
been a request for the roll call and the Secretary will
call khe roll.
SECRETARY:
Bartulis, Bell, Berninq...
PRESIDING OFPICER (SENFTOR MOHR):
We are on roll call Gentlemen: we'll ask that you be
in your seats so we...qet through with this motiop.
SECRETARY:
Bruce, Buzbee, Carroll, Chew, Clarke, Conolly, Course,
Daley, Davidson, Donnewald, Dougherty, Eawell, Glass,
Graham, Harber Hall: Kenneth Hall, Hynes: Johns, Keegan,
Knuepferg Knuppel, Kosinskï, Latherow, McBroom, Mccarthy,
Merritt, Mïtchler, Howard Mohr, Don Moore, Netsch,
Newhoue, Nimrod, Nudelman, Ozingaz Palmere Partee, Regner,
Rock, Roe, Romano, Saperstein, Savickas, Schaffer, Scholl,
Shapiro, Smith, Sommer, Soper, Sours, Swinarski, Vadalabene,
Walker, Weaver, Welsh, Wooten, Mr. President.
PRESIDING OFFICER (SENATOR MOHR):
Senator Conolly. Por What purpose doès Senator Conolly
rise? On that questian the yeas are 30 the nays are l8.
The motion to take from the Table prevails. Request to
çall for verification. Members please be in their seatsy
Clerk will call the roll.
SECRETARY:
The following vated in the affirmatlve: Bartulls,
Bell, Berning, Clarke, Conollyz Davidsone Fawelle Glass,
l 4 .
l 5 .
.1 6 .
17 .
l9.
20.
2l.
22.
23.
24.
25.
26.
27.
28.
.29.
30.
31.
32.
ia
2.
3.
6.
8.
l0.
ll.
l2.
l3.
l4.
l5.
Graham, H'arber Hall, Knuepfer: Latherow, McBroom, Merritt,
MitchleryiHoward Mohr: Don Moqre, Nimrod Ozïnga, Regner:. (
Roe Schaffer, Scholl, Shapiro, Sommer: Soper, Sours:# .
Walker, Weaver, Mr. President.
PRZSIDING OFFICER (SENATOR MOHR):
Roll call has been verified. Senator Conolly.
SENATOR CONOLLY:
Havinq voted on the prevailing side I move that we
reconsider the vote by which 833 was...8...866. Which
was removed from the Table be reconsidered. And I request
roll call.
PRESIDING OFFICER (SENATOR MOHR):
Senator Rock, hold your motion a minute, Senakor
Conolly. Senator Rock.
SENATOR ROCK:
Parliamentary inquiry, Mr. Preyident. If it took
36 votes in the first instance would it not then take 36
to reconsider that voke?
PRESIDING OFFICER (SENATOR MOHR):
The..athe motion was to take frcm the Table, Senator
and we...wê... senator Nock.
SENATOR ROCK:
No, I'm addressing myself sir to Senator Conolly's
motion to recohside/. If tiis Body acts in the required
amount which.is 36, it seems to me to undo that the same
amount would be requlred.
PRESIDING OFFICER (SENATOR MOHR):
Senator Soper.
EENATOR EOPER:
Now, Gentlemen, Mr. President, Gentlemen, Ladies of
the Senate, youdll remember on the Constikutional question
Where it took 36 votes to put that on the ballot, al1 it
took was 30 votes to take it off the baAlot. This is the
17.
18.
l9.
20.
2l.
22.
23.
74.
26.
27.
28.
29.
3c.
3l.
22.
33.
59
2.
5.
6.
9.
l0.
l2.
l3.
14.
17.
l8.
l9.
20.
21.
22.
23.
24.
25.
26.
27.
28.
.29.
30.
same situition. This takes 30 vokes Eo consider khe vote by
which that was passed, and that's what welre goinq to do.
PRESIDING OFFICER (SENATOR MOHRI:'
Senator Partee.
SENATOR PARTEC:
Nowy' the question which was raised by senakor Rock
was not just a figment of his imagination, it is a eon-
stiEutional... No, Soper's position. The bill was kaken
by vote a moment' ago from the Table. That required 30 votes.
The bill as passed being an override required 36 votes.
The motion which has now been made by Senator Conolly
will require constitutionally 36 votes. Nowy just take a
look if you want to at your Constitution. I'm looking at,
on page 53, Section 2 of Article XIV. It has to kake
the same numher of votes to undo any action as it took to
do it.
PRESIDING OEFICER (SENATOR MOHR):
The Chair will rule that it takes a simple majority
on that motion. Senator...Rock.
SENATOR ROCK:
W 11 '1 think . .in all seriousness we had best reallye . .
stop and consider what we are doing here. What we are
saying is that this Body can act constïtutionally and then
a lesser number' can u'ndo thai act. And I would on
that basis Mr. President appeal the rule of the' Chair,
because anythïng we pass with 36 votese to meet the
requirements of the Constituticn, I submit to you cannot
be undone by a mere 30 votes.
PRESTDING OFFICER (SENATOR MOHR):
President Harris.
SENATOR HARRIS:
Mr. President, I just point out that whqt we are
doing here is recopgidering. There's an appropriate quide-
32.
33.
60
2.
4.
6.
7.
8.
9.
l0.
ll.
line and a perjectly valid constitutional direcEive that
to reconsider .a constitutional amendment requires a majority
of the members elected. To place a constitutional amend-
ment on the ballot requires 3/51s, khen the senate reconsiders
a simple majority is all that's nécessary. We are moving on
that question and that question alone at this point. And
think the Chairss ruling that it requires a majority of the
members elected to reconsider is valid, supported by precedents
and language of the Constitution.
SENATOR ROCKI
. . .1 would renew my...motion to appeal from the ruling
of the Chair and point out that under Article XIV, Section 2
there is a specific provision which allows a majority towithdraw from a constitutional-..propoped constitutional
referendum that is specifically provided for. Here we are'.
talking about final passage of a piece'of legislation which
in order to pass requires a'3/5's vote. And, to set a pre-
cedent where we'can undo that by a simple majority,
suggest is in error and I would appeal the ruling of the
Chair.
PRESIDING OFPICER (SENATOR MOHR):
Senator Rock's motion is to appeal the ruling of the
Chair, ando..the Secretary will call the roll. The.- this
ruling to.-.ko overrule the Chair would take 3/56s of the
Senators elected to vote. Senator Rock.
SENATOR ROCK:
Just so the record is perfectly clear' as has been
many times said, I understand that under those.p.the rule
that allows a Member of this Senate to appeal from the
ruling of khe Chairl it should also...the record should
also reflect that that moving Senator was jdined by two
ofher Senators. So, 1et the record refleet that there are
at least two if not more 'members wishing to join in that
13.
l4.
l5.
16.
l8.
l9.
20.
23.
24.
26.
27.
28.
29.
20.
31.
32.
61
2.
4.
5.
motion, Senator Partee, Senator Netsch, Senator Buzbee...
PRESIDING OFFICER (SENATOR MOHR):
You have...sufficient number looks like, Senator.
29 from vhere I sit. Secretary will call the roll. The .. .
the question is shall the rule...ruling of the Chair be
sustained. Those voking with the Chair vote aye, those voting
with Senator Rock, Senator Partee, vote no. Secretary will
call the roll.
SECRETARY:
Bartulis, carroll,
Chew, Clarke, Conolly, Course, Daley, Davidson, Donnewald,
Douqherty, Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynese Johns, Meegan, Knuepfer, Knuppel, Kosinski,
Latherow, McBroom, Mccarthy, Merritt, Mitchler, Howard
Mohr, Don Moore, Netsch, Newhouse, Nimrod, Nudelman,
.'Ozinga: Palmer, 'Partee', Regner, Rock, Rce, Romano,
Sapersteinw..xsavièkasy Schaffer, Scholl, Shapiro, Smith,
sommer. soper, soû-rs. swinarski, vadalabene. Walker,
Weaver, Welsh, Wooten, Mr. President.
PRESIDING OFFICER (SENATOR MOHR):
Mitchler, aye. On that question the yeas are 30,
the nays are 28, the ruling of the Chair is sustained.
.. .Carroll.
SENATOR CARROLL:
Mr. President, I believe that our rules are silent
on Whether or not a Rotion to reconsider once having been
Tabled can once again be teconsidered. I don't believe
there's any specific reference in our rules to that
subject in which case our rules give us Ehe direckive
that we must use Robert's Rules of Order, and Robert's
Rules of Order on pagn 270 of the newly revised Rdition
under which we operate indicates that a motion to
reconsider, cannot be reconsidered twice unless it was
materially amended during its first reconsideration. That
8.
9.
Bell, Berning, Bruce, Buzbee,
1l.
l2.
l 5 ,*
1 6
l7.
l9.
20.
2l.
22.
23.
24.
25.
26.
27.
28.
29.
3û.
3l.
32.
33.
62
1. not being the instance under our rules and therefore under .
1. Robert's Rules you cannot reconsider the vote on a.o.on
klcular measure twice. '2. any par
4. PRESIDING OFFICER (SENATOR MOHR): .
5. .w .carroll's...senakor Carroll's stakement with
6. reqard to the Robert's Rules of Order in this instance
7. is, is correct. Senator Conolly's mokion is out of order.
8. The..oquestion before the Body now is senator Palmer's .
9. motion to reconsider. .. .Harri#.
l0. SENATOR HARRIS:
1l. Mr. President, if the Members will just be a little
l2. patient here. We are operating under the rules, and I
l3. would point out tha: the motion that is before us now following
14. the ruling of the Chair being sustained is this - I do not
l5. recall who made the Tabling motion of Senator Palmer's
l6. motion to reeonsider, but that Tabling motion was taken
l7. from the Table and the point in procedure that we are under
18. now is Senator Palmer's motion to reconsider. That is
l9. before the Body. It's perfectly clear under our rules that
20. the Tabling motion that did carry by voiee vote.was taken
2l. from the Table by record vote, and senator Palmer's motion
22. to reconsider is in fack before us. In the light of that,
23 ' Senator Carrollls inquiry does not operate. It would operate* .
24. in relation to a consideration of Senator Conollyls motïon,25. to reconsider but that's not khe point of legislative con-
26. sideration that is before us. And I would point out that
27. the motion befoze us is armotion that has not been con-
2:. sidered but has been Tabled at one point in our activities
29. here today. And that motion has been taken from the Table
3c. and is in fact now beêore us, and on that motion, Senator
31 Palmer's motion to reconsider I reluest a roll call.
32. PRESIDING OFFICER (SENATOR MOI1R): .
33 That is the question before the Body. Senator Carroll. . !
63
3.
4.
5.
6.
8.
9.
l0.
l1.
12.
l3.
l4.
l5.
16.
l8.
l9.
20.
2 k .
2 2 .
2 3 .
-2 4 .
25.
26.
27.
2:.
29.
30.
31.
32.
!3.
on a point of order.
SENATOR CARROLL:
Once again, Mr. President, in all..odue respect to
the elected President of this Body, I refer'you to Rule 36
on page 270 of Robertls which specifically says khat
first of all it takes unanïmous consent to take this'kind of
action and secondly even then cannot be done unless it...there
has been a material amendment since the first reconsideration
of the same bill. Senator Palmer himself could not make the
motion again unless there has been some material amendment
since the first reconsideration of that bill. That is not
the case. refer you again to Robert's Number 36 on page
270: speciflcally referred to and specifically applicable to
this situation.
PRESIDING OFFICER (SENATOR MOHR):
The Chair Will rule that Robert's Rules do not apply.
Senator Conolly's motion was also out of order. The
question before the Body is Senator Palmer's motion to
reconsider and on that question the Secretary will call
the roll.
SECRXTARY:'
. ..Bartulis, Bell, Berning, Bruce...
PRESIDING OFFICER (SENATOR MOHR):
Senator, we are'on roll call.
SECRETARY:
Buzbeey Carrcll, Chew, Clarke, Conolly, Caurse,
Daley, Davldson: Donnewald, Douqherty? Fawell, Glass, Grah am,
Harber HalAy Kenneth Hally Hynes, Johns, Keegane Knuepfere
Knuppel. Kosinski, LatheroW, McBroom, Kccarthy, Nerritt,
Mitehler? Howard Mohr? Don Moore, Netsch, Newhousee Nimrode
Nudelman, Ozinga, Palmer...
PRESIDING OFFICER (SENATOR MOHRi:Eenatpr Palmer.
64
1 . SENATOR PM MER: '
2. This is during roll call... .
3. PRESIDING OFFICER (SENATOR MOHR):
4. We are on...we are on roll call.
5. SENATOR PALME R:
6. This is during roll callr and this is my motion and
7. I move that this motion be put on poskponed consideration.
8. PRESIDING OFFICER (SENATOR MOHR):
9. That...that motion is... Itls out of order, we are on
10. roll call and 1... We are on roll call. '
l1. SECRETARY:
l2. Palmer, Partee, ...
l3. PRESIDING OFFICER (SENATOR MOHR): '
l4. We are on roll call, Gentlemen. Senator Partee.
l5. SENATOR PARTEE:
16. I recognize wedre on roll call but I have a parliamentary'
l7. inquiry in ordvr to know how to 'intelligently vote. And
l8. the parliamentary..othe parliamentary inquiry is, can a
l9. member postpone his own motion. Itls his motion.
20. PRESIDING OFFICER (sEuAToR MoHR): '
2l. Yes, senator he can. However, once a motion has been
22. stated by the President or read by the Secretary. . .
23. SENATOR PARTEE: .
2(. Well: Mr. President, the reason I asked the question, Ilm
25. looking at page 16 of the rules that says during a roll call
26. no motion, except a motion to postpone, shall bè in order.
27. That's Rule 42.
28. PRESIDING OFEICER (SENATOR MOHR):
29. We arq...welll continue w1th the roll call, and 1'11
30. explain the ruling when we finish. '
3l. SECRETARY:
32. Reqner, Rock, Roe, Romano, Saperstein, Savickas: 133. Schaffer, Scholl, Shapiro, smith, Sommer, Soper, Sours: . 1
. 65
i1. swinarski, Vadalabenee Walker, Weaver, Welsh, Wooten, I
2. Mr. President. ,
3. PRESIDING OFFICER (SENATOR MOHR):
4. Knuppel, no. senate... Question the yeàs are 30,
5. the nays are ll. The mokion..-ko reeonsider prevails.
6. Now, Senator Palmer, I will read you the rule. Once a
7. motion is stated by the President or read by the Secretary
8. it shall be deemed ln the pcssession of the Senate, but may
9. be withdrawn at any time by unanimous consent of khe Senate
l0. before the decision. ...unaninous consent. Ncw the motion 1ll. before the Senake,o..partee.
Il2. SENATOR PARTEE:
Il3. It does nok escape my notice that ycu have the gavel. I
14. It does not escape my notice that you have a course of I' does not bother ll5. action on whach you are hell-bent. That
Il6. me. What does bother me is theo.oroughushod, running overI
17 h les of this Senate. Th'is is a country of laws and not. t e ru
l8. of men. And I re'spect the rules of this Senate, and I expected I
. Il9. the rules to be followed here. Senator Palmer is a MemberI
20. of this senate like everyone and he's trying to get 1
2l. attention and when he's called upon or listened to, he I22. didn't even have the courtesy of having the amplification I
I23. of his microphone. I think it's a terrible kind of thing
I24. that you're doing. It's tyrannical. Power, I suppose j25. breeds power. I've heard that expression around here? too',
26. and I think it's unfortunate.
27. PRESIDING OFEICER (SENATOR MOHR): I28. We've a1l seen that from time to time, senator. I
I29. would agree. The question before the Senate now is theI
30. motion to override the Governor's veto on sB 866. Eurther
3l. discussion. secretary... The question is shall SB 866 I
32. pass. The voto of the Governor to the contrary notWith- '
33. standing. On that the se'cretary will call the roll.
66
1. SECRETARY: ' I
2. Bartulis, Belly Berning, Bruce, Buzbee, Carroll, l,
'
j3. Chew, Clarke, Conolly, Course, Daleyy Davidsonp Donnevald,@ . (
4. Dougherty, Fawell, Glass,'Graham, Harber Hall, Kenneth 15. Hallw Hynes, Johns, Keegan: Knuepfer: Knuppelr Kosinski, . I
. I6. Latherowj McBroon, Mccarkhy, Merrikt, Mitchler, Howard I7. Mohr
, Don Moore, Netsch: Newhcuser Nimrod, Nudelman, I
g ' I. Ozinga, Palmer, Partee, Regner, Roek, Roe, Romano,h9. Saperstein, Savickas, Schaffer, Scholl, Shapiro, Smith: I
l0. sommer, soper, sours, swinarski, vadalabene, Walker, !
I. ll. . Weaver, Welsh, Wooten, Mr. President..
Il2. PRESIDING OFPICER (SENATOR MOHR):
!l3. On that question the yeas are 27, the nays are 3
, . 4l4. 6 voting present. SB 866 having failed to receive the I
I15. required 3/5's vote ls declared lost. Senator Don Moore.' I
l6. SENATOR DON MOORE: . j
I7. Just on a point of personal privilege Mr. President, hI.1:. I for one want to compliment the Chair for handling the 't
l9. discussions that went on here for the last 20 or 25 'I
20. minutes relative to this bill. I have followed his rulings (2l. ln detaii. I think that he has followed the ruies as
I22. they have been adopted by this Senate. I think that the I
23. rules of this Senate apply to all of us. It's just I-
fortunate thaf the s'hoe is 'on the other foot in this 124. un. I25
. particular case. But I think the President did an- l
26. excellent job in making his decisions. He did follow
j27. the rules and I for one want to compliment him.28. PRESIDING OFFICER (SENATOR MOHRI:
29. Well, Senator I v/ant to thank you. But I. . .I've I. . I
always tried to'z'be fair. And I learned after sikking in I30. '
j3l. this Bcdy under senator, or our former Governor Sam Shapiro
I
32. and especially under Lieutenant Governor Paul Simon thatls 1a Ehe only gay to rule. So I did have good teaching. '3 .
.- .
67
4.
1.
6.
8.
9.
10.
ll.
l2.
l3.
l4.
l5.
l6.
17.
l8.
l9.
20.
2l.
22.
23.
.24.
25.
26.
27.
28.
29.
30.
3l.
32.
33.
Any other Senators have a bill that they'd like to
present bqfore the Body? ...item or the business of item vetoes.
. ..The item or the business of, Item Vetoes. ..gReductions:
Senator Walker. Did you have one. that eyou wanted to call senakor?
SENATOR WALKER:
Yesr I think the Clerk has the motion on the desk.
PRESIDING OFFICER (SENATOR MOHR):
The Secrekary will read the motion, please.
SECRETARY:
I move...
PRESIDING OFFICER (SENATOR MOHR):
Senator Palmerz youlll be asking questions in a few
minutes. Now, may we have your attention?
SECRETARY:
move that Items on page lines 14# 15 and l7;
page 2, lines 5, l8, 19, 2l, 3lz 32 and 34 of SB 443 be
restored. The Item Reductions of the Governor to the
contrary notwithstanding, signed Senator Walker.
PRESIDING OPPICER (SENATOR MOHR):
Senator Walker.
SENATOR WALKER:
Thank youe Mr. Presidenke Ladies and Genklemen of the
Senate. You have these Item Reductions on your desks. They
restore certain items cut on pages l and 2 at Chicago State Univer-
sityz Governor's State Universiky, Northeastern Illinoisz the
other side that's in your district, not mine, and Western
Illinois University. These only restore services or pers8nal
services, contractural serviees and commodities at these four
universitie's. The total is only a little ovet 2 million dollars.
The Governor in his State of the State Address and also in his
Budqet Address stated that he was going to do more for
higher ed and thase are very small restorations. I would
appreciate a favorable vote.
PRESIDING OPFTCER (SENATOR MOHR):
68
1. Any furkher diseussion? The question is shall the
2. Items on page 1, line 14, 15 and on...l7. And on page 2,
3. lines 5, l8, l9, 21,'31, 23, and 3'4 of SB 443 be restored .
4. The Item Reduction of the Governor to the conkrary not-
5. withstanding.. The Secretary wâll call the roll.
6 '' SECRETARY :.
7 . Bartulis , Bell , Berning : Bruce l Buzbee , Carroll ,
8 . Chew , Clarke , Conolly l Course , Daley, Davidson , Donnewald ,
9 . Dougherty , Fawell', Glass , Graham, Harber Hall, Kenneth
10 . Hall , Hynes # Johns , Keegan # Knuepf er # Knuppel , Kosinski ,
11 . Latherow, McBroom, Mccarthy , Merritft , Mitchler , Howard
12. Mohr, Don Moore, Neksch, Newhousez Nimrodr Nudelmanr
l3. Ozinga, Palmer, Partee, Regner, Rock, Roe, Romanoy.
l4. saperstein, Savickas, schaffer, Scholl, Shapiro, Smith:
l5. sommer, soper, sours, swinarski, Madalabene, Walker,
16. Weaver, Welsh Wooten, Mr. President .
l7. PRESIDING OFFICER (SENATOR MOHR):.18. Request to call the absentees.
19. SECRETARY: '
20. Buzbee, Carroll, Chew, Course, Daley, Donnewald, Dougherty,
2l. Glass, Kenneth Hall, Hynes, Johns, Keegan, Knuppel, Kosinski,
22. Mccarthy, Netseh, Newhouse, Nudelman, Palmer, Regner, Nocky
23. Romano, Sapersteiny Savickas, smithp Swinarski, Vadalabene,
j4 Welsh, wooten. ' ' '
25. PRESIDING OFFICER (SENATOR MOHR): '
26. Senator Glass, votes aye. On that question the
27. yeas are twenty-eight, the nays are two, two..otwo voting
28. Present. pg.are reduced according to the Governorlg Rqduction
29. Vetc. ...
20. SENATOR NEWHOUSE:
3z. Thank you, Mr. President, Senators, you're asking for
32. any other motions on Item Vetoes?
a3. PRESIDING OFPICER (SENATOR MOHR):
69
1. That would be in order: Senak3r.
2. SENATOR NEWHOUSE:
. 3. In that case Senator L have a motion on SB 8j9,
4. which is to, a motion thaE the...Governor's veto on
5. SB 899 be overridden, the Governor's decision Eo :he , '
6. conkrary 'notwithstandinq. Now, Senators that bill is
7. a..vrepresenhs the veto of...
8. PRESIDING OFFICER (SENATOR MOHR):' 9. .o.senator kewhouse, has thak been filed with the
10. secretary?
' 1l. SENATOR NEWHOUSE:
l2. Yese it has senator. 899. '
13. PRESIDING OFFICER (SENATOR MOHRIZ ' ' . .
14. Youdre asking for an Item Reduction?
15. SENATOR NEWHOUSE:'16 The restoration of an rtem Reductlon.
'
17 PRESIDING OFFICER (SENATOR MOHR):'
l8. The restoration of an Item Reduction. 1)l9. SENATOR NEWHOUSE:
20. That's correct.
2l. PRESIDING OFFICER (SENATOR MOHR):
22. On SB 899. Would you hold that for jusk a minute and
23. they..tthey haven't been able to find ik, and maybe you* . .
24. can give them another one. We'll go to Senator Glass yeu
25. have a motioh that the Secretary has? '
26. SENATOR GLASS:' 27. Yese Mr. Presldent, I have a mokion on :he secretary's
a8. Desk on SB 1157. And it's a motion to overrfde an Item 129. Vet: of the Governor.
3c. PRESIDING OFFICER (SENATOR MOHR): '
31 Would you read the page and line on that please?
32. Any other Senators wishing to make a motion, I...if youdll1
33 be kind enough to come up and see that the seeretary has
70
' j
1. it, if not provide him with a copy.
2 . SENATOR NEWHOUSE : '
3. 1157. '
4. PRESIDING OFFICER (SENATQR MOHR):' 5. The secretary has 1157.
6 '' SECRETARY :
7. I move that the Item on page 4 , lines 21 through 25
B. inclusive of SB 1157 Do Pass, the Item Veto of the Governor
9. to the contrary, notwithstanding. Signed, Senator Glass.
l0. PRESIDING OFFICER (SENATOR MOHR): '
l1. senakor Glass.
l2. SENATOR GLAss:
l3. Thank you, Mr. President. This motion seeks to
14. restore 1.75 million dollars to the Sup'erlntendent of
15. Public Instrockion's appropriation bill. The entfre
l6. bill was under the sponsorship of Senator Hynes. To
17. give you the background of this Mction, the funds are
18. for the purpose of funding experiments and decentralized
l9. school government. At the lask Session of the Legislature...
20. the session before last, two sessions ago under the
2l. chairmanship of then Representative Jim Peterson, the Urban
22. Education Commission was created. And it passed
23. leqislation for experiments and decentralized school
24. governance. That ise an opportunity for the urban
25. school districts and therefs some eight of them by
26. definiEion in Ehe bill, to give autonomy to local '
27. communities, local boards of education which would be
28. elected and allow them to qovern Ehe schools under
29. specific rules and guidelines. At the last session
30. of the Legislature, Representative Jerry Bradley and
3l. I kere the co-chairman of that commissiop. A number
32. of the Members of the Senate also were on Ehe Commission.
33. We spent a good deal of time with the Director of-..urban .
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OSPI: laying the sroundwork
for these experiments. There are four school districts
in the Gtate that ard now prepared to go ahead with the
experiment. The funding was cut in the Senate and the
House from some 7 million down to 1.75 million dollars.
So, this is grant money to enable these districts to
create these experiments. And I would urge your
support of this override and point out to you the reason
I went khrough the background of this motion was simply
to show you that there's been a great deal of groundwork,
time of Legislatorsy money expended in the preparation
for these experiments. Why the Governor saw fit to veto
this one item out of his budget: I don't know but it
dces mean in effect that there will have been a good deal'of
money and work that will have gone for naught, unless
this veto can be overridden. As I say, there are a number'
of members that are of the Senate that are on the
Commission. This is a 1.75 million dollar override
and I would urge your support.'
PRESIDING OFFICER (SENATOR MOHR):
Any further discussion? The question is shall the
item on page 4, lines 21 through 25 of SB 1157 pass.
The Item Veto of the Governor to the coptrary notwith-
standing. On that question *he Secketary will'call the
roll.
SECRETARY:
Education in the 'Office of
20.
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24.
25.
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28.
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Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
Chew, Clarkez Conolly: Caursew Daley, Davidson, Donnewald,
Dougherty, Fawell, Glass, Graham' Harber Hall, Kenneth
Hall, Hynesp Johns, Keegan, Knuepfer, Knuppely Kosinskiz
Latherow, McBroom, Mccarthy, Merritty Mitchler, Howard
Mohr: 1pn Moore, Netsch, Newhouse, Nimrod, Nudelnan,
Ozinga, Palmer, Partee, Regner, Rock, Roe, Romano,
72
k. Saperstein, Savickas, Schaffer, Scholl, Shapiro, Smith, ' I
2. Sommer, Soper, Sours, Swinarski, Vadalabene, Walker,
3. Weaver, Welsh Wooten, Mr. President.
4. PRESIDING OFFICER (SENATOR MOHR):
5. On that question the yeas are twenty-five, the nays
6. are none. The Item on page 4, lines 21 through 25 of '
7. SB 1157 iaving failed ko receive the required 3/56s vote
8. is declared lost. Senator Newhouse, SB 899.
9. SENATOR NEWHOUSE:
l0. Parliamentary inquiry, Mr. Chairman, did I understand
11. you to say that a line item veto requires 36 votes for' 12. restoration?
l3. PRESIDING OFFICER (SENATOR MOHR):
l4. That is correct, 3/51s vote. Your's is a reduction...
15. SENATOR NEWHOUSE:
l6. That's right. .
17. 'PRESIDING OFFICER (SENATOR MOHR): '
18. ...Restoration. '
19. SENATOR NEWHOUSE:
20. Thank you, Mr. President.
21. PRESTDING OFFICER (SENATOR MOHR):
22. 30 votes to restore.
23. SENATOR NEWHOUSE:
2J. Thank you. Mr. President, Senatorse my motion is
25. that 15 million dollars be restored as a Line Item Re-
26 duction Veto in SB 899, the Governorls veto to the .
27. contrary notwithstanding, and this is the background
28 of the bill brieflv. This is a bill that was proposed
29 by Senator Mohr in this Body. Tn khe course of itS
aô passage it was deemed that in view of the inflation that
31 had hit upon every level and in the light'of the faeE
32 that there were other cost of living increases in other
a areas including State employees, that we would add ko the3 .
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appropriation for public aid a 3.9 increase for cost of
living. This bill passed outoaothis Body out of the
House and was reducqd by the Governor's pen. Now just
a couple of words abouk this bill because whqt I1m proposinq. . . uyjxye .. &(-
be done is not simply 'ra humane action and I would purpose
it if iè were only that, but it has a very practical
application. As many of you know, if anybody's listening,
that at about the time that this bill was passed we saw
a tremendous increase in the inflationary spiral. For example:
the price of chicken which is the least most expensive
meak in my districtz went from about 39 cents to $1.19. It has
since stabilized at a litkle over 70 cents which means that
the price of that inexpensive item has doubled. As a
consequence of that, some very elderly people in my district
and I underskand elsewhere, have turned to theft as a way
of life as a matter of keeping themselves together from
the standpoint of nourishment. Now, I think al1 of us
know that the cold weakher is about to descend upon us
and when that happens some elderly people and some people
with families are going to hake to make a decision# and
that decisipn is going to be whether they pay the rent or
whether they eat. In most cases, they will opt to eaE at
the risk of being placed upon the street. I reqret that
the bill, that khe mpkion has to be presented in an
atmosphere that I Ehink is simply not conducive to the
passage of any legislation but I would urge you to consider
very carefully Ehis motion and would solicit your support.
PRESIDING OFPICER (SENATOR MORH):
Senator Bartulis.
SENATOR DARTULIS;
Thank you, Mr. Presldent and Members of the senate.
Not very often do I arise and support the Governor. I
think this is the first time. But scnke time ago I received
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a note from the Departmenk which al1 of you know that th:
Department of Public Aid went on flat grant, October
And to do this the Department met the requirements and
received permission from the Governor to spepd at the
rate of 3.l million dollars per month more, than had
been appropriated for AFDC? effective with implementation
of the consolidation of the standard plan on...on the
first of October. Now, this permission was granted so
the fncreases in monthly grants could be given to mostv..most
APDC families. And the smallest possible number of families
would have their grants cut in averaging process. Now
again it also was determined that the 3.9% cost of living
increase granted in september would not have Ehe positive
impact for recipients over a period of time. That could
be achieved by careful implementation of a consolidated
standard. Now the 3.9% increase under the old system,
would have given each AECD only $1.4'0 a month more. Now,
most families received a substantial higher increase with
adoption of the consolidated plan. Now, cost of living
fncreases granted after the consolidation has been fully
implemented and that is, it will be up to six an nine months
and therefore I would have ko uphold khe Governor's veto.
PRESIDING OFFICER (SENATOR MOHR):
Senator Netsch.
SENATOR NETSCH:
Mr. Presidentybut the point is senator Bartulis that.
some of those who went under Ehe flat grant program will indeed
be cut. lt. seems to Me that vith the cost of .living as
high as it is and the facf that public aid' involves a
very small amount of money for any family to live on
under the best of circdmstances, that anyéhing that we
can do to alleviate that hardship is workh doing. If
We Were to sustain the...or to put this money back into
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the budget it would enable us ko prevent about 50%
f those who are going t:o be cut un' der the shif t koo
the f lat grant program to be restored to at least what
they were receiving before. Ik seems to me that Ehat is
a valid and a humane thinY to do.
PRESIDING OEFICER (SENATOR MOHR):
Senâtor Don Moore.
SENATOR DON MOORE:
I I don't want to really gek into a discussion of
the flat grant program: Mr. President, but I believe that
after October lst when the flat grant program did go into
effect, approximately 80% of our AFDC recipients received
=ore, 20% received the same or less. That 20% was usually
in the small family of a mother'and one child, soMeone
who through day care and so forth would be able to get a
job and employment and survive a 1ot easier than a...a
larger family. I originally did not oppose thfs amendmenk
when it came over from *he House: in fact, I voted for it.
But, in view of the fact that the Governor has released to
the Department 3.1 million dollars a month for the balanee
of this fiscal year in order to, let's say not hurt those
that get less welfare than they were getting before; in
view of the further fact khat it is anticipated as of this
point that we will be faced with a deficit in the Department
of Public Aid, of a minimum of 60 million dollars, I don't
think itês fiir to saddle the Governor with anoàher 15
million at this particular time. So, it's for these reasons
that I regrrtfully have to oppose the Senator's motion and
I hope everyone will sustain the Governor'a veto on this
matter.
PRESIDING OFFICER (SENATOR MOHR):
Further...further discussion? Senator NeWhouse may
close.
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SENATOR NEWHOUSE:.
Yes, Ehank you, Mr. President. Ied just like to go back
to paragraph 2 of kh1 dissertakion that was read fn which
it was stated that a 3.9% increase would amount to $1.50
a month, and if my arikhmekic is correct that would
mean that the grants are too low for people to even pay
khe rent. 3.9% of about $50.00 is about a dollar and a
half, I do believe. So that, I1m a little...skartled by
that...that bit of arithmekic and I just donft know as to
what extent the remainder of the conversation that we
received makes a great deal of sense. Now, if wedre
talking about 20% of the people receiving the same or less,
then it seems to me that what the Senator said is we're
simply trying to hold the line. The bill...the restoration
that we're attempting to make here ïsn't intended to hold
khe line ak all, it's meant to give those people who are'presently trying to live in these inflated circumstances
enough money to attempt to hold their line against the
inflationary spiral, not against the dollars that khey
reeeived yesterday. Now, I don't want to be repetitious
and...I think that, you know weêve reached the stage now
where everything is going to be pretty political but the
facts of life are that.o.if I can be permitted to just wind
up...that we're talking..oWedre talking about some pretty
restrieted options. My furnace happened to go out on
saturday, :he boiler broke. It was out all day Sunday.
It's not happened to me before that my house was cold
when there was nothing that I could do about it. 1111
tell you thae a1l day Eunday all I Ehought aboût Was
heat. There Will be an awful lot of people in that circumstance
in this fall and winter. I think we have the opporEunity
to help them'now. I.would suggest that this Bodé is aboutthe business of, I would assume of helping people who eannot
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themselves. And ihat's What this...this...that is what
this motion is all about. I would urge your support.
PRESIDIUG OFFICER (SENATO R MOiIR):
The Chair has a question Senator. Do you have
oil or gas heat?
SENATOR NEWHOUSE:
had oil heat.
PRESIDING OFFICER ( SENATOR MOI!R) :
You had oil heat. The reason that asked...
SENATO R NEWHOUSE:
No offense Senator.
PRESIDING OFFICER (SENATOR MOHR):
The reason I asked I'd âike to take just a moment tointraduce to the Body the fellow that runs my business while
I1m down here and I think helll be real happy to go back
home. I'd like to intxoduce up in the gallery, Don
SEan: and his wife Irene a;d their two children. stand
and be recognized. He's the fellow...senator, he's the
fellow khak makes sure our customers are warm on Saturdays
and Sundays. Ok. This will take 30 votes. Thç question
is shall the item on page 3, line 5...7, 9 and 12 of SB
899 'be restored, Item Reduction of the Governor to
the contrary notwithskanding. On that the Secretary will
call the roll.
SECRETARY :
Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
Chew: Clarkey Conolly, Cqurse, Daley, Davidson, Donnewald,
Doughertyy Fawell, Glass, Graham, Harber Hall, Kenneth
Hall, Hynes, Johns, Keegan, Knuepfer, Knuppel, Kosinski,
Latherow, McBroom, Mzcabrthy , Merritt, Mitchler, Howard
Mohr, Don Mo?re, Netsch, Newhouse, Nimrod, Nudelman,
Ozxnga? Palmer, Partee, Regnerf Rock, Roez Romano,
f Ras Schaffer, Scholl' Shapiroe Smith,Saperstefn, Sav c , ,
ACTING SECRETARY:
78
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1. sommer, soper, sours, swinarski, Vadalabene, Walker, I
2. Weaver, Welsh, Wooken, Mr. President.
3. PRESIDING OFPICER (SEMATOR MOHR): '
4. Senator Newhouse. Request to call the absentees.
5. ACTING SECRETARY (MR. WRIGHT):
6. Berning, Clarke, Conolly, Course, Davidson, '
7 Fawell, Glass, Graham, Knuppel, Latherow, MeBroom, Mccarthy, lI
8. Merritt, HoWard Mohr, Nimrod, Ozinga, Regner, Savickas, j
9. Schaffer, Scholl, .shapiro, Swinarski, Walker, Mr. President. ' II1
0. PRESIDING OFFICER (SENATOR MOHR): I
1l. Merritt, present. Soper is also present. On I' j12
. that question the yeas are 25. The nays are l2, threeI
13. voting present. The items on page 3, lines 7, 9 aqd j
14. 12 of SB 999 having failed to receive the required majority II
l5. vote of the Senators elected is declared losto.ois declared I
16. reduced. m..shapiro, SB 494. . II17. SECRETARY:
' l8. I move that the items on page 2, lines 24 throuqh
l9. 3l; Page 5, lines 16 through 24 of SB 494 be resEored, '. I20
. the Item Reduckions of the Governor to the contrary not-
2l. withstanding-'
c oFrzcsn (sENATon MoHn): !22. PRSSIDINI
23. senator shapiro. .1' 4 SENATOR sHApIRo: ' ' '2 .
25. Mr. President, Ladies and Gentlemen of 'the Senatee
26. these are appropriations that have to do with capital 127. development on the S...ISU campus and...concern them- I
28. selves with some roof repairs fcr Hortcn Field House
29. and Milner Library, and demolition of the Central Echool
30. and general landscaping both at Illinois fkgte Univêrsity.
And J would like to move now that the motion receive a I3l. I
J2. favorable vote, the Item Veto of the Governor to the
aa. contrary notWithstanding. I
79
1. PRESIDING OFFICER (SENATOR MOHR):
2. Further discussion? shall the items on page 2,
3. lines 24 through'3l; page 5, lines 16 through 24 of
4. SB 494 be restored, the Item Reductions of the Governor
s. to the contrary notwithstanding. The Secretary will
6. Call the roll.
7. SECRETARY: .
Bartulis, Bell, Berning, Bruee, Buzbee, Carrollz8. .
Chew, Clarke, Conolly, Coursee Daley, Davidson, Donnewald,9.
Dougherky, Fawell, Glass, Graham, Harber Hall, Kennethl0.
Hall, Hynes, Johns: Keegan, Knuepfer, Knuppelz Kosinski.,ll.
Latherow, McBroomy Mccarthy: Merritt, Mitchlerz Howardl2. .
Mohr, Don Moore, Netsch, Newhouse: Nimrod, Nudelmanr 1l3.
Ozinga, Palmer, Partee, Regner: Rock, Roe, Romano, jl4.Saperstein, Savickas, Schaffer, Scholl, Shapiro, Smithyl5
.
Sommer, Sopere Sours, Swinarski, Vadalabene, Walker,l6.
Weaver, Welsh, Wooken, Mr. President. ' 'l7.
l8. PRESIDING OFFICER (SENATOR MOHR): .
1a Merritte aye. Graham, 'aye. Ozinga, aye. Pawell,
ao aye. Bell, aye. Latherow, aye. On that question the
z1 yeas are 26, the nays are three. The items on page 2, '
22 lines 24 through 3l; and page 5, lines 16 through 24
23 of SB 494 hdving failed to receive the required majority* - :
vote of Senators eleeked is declared reduced. Any other24.
Senators on.o.reductions? I'd like to call the25.
attention of the Senate that we have a distinguished26.
Member of the Executive branch wiEh us, our Attorney Generql27.
Bill scotk on the Floor. Genqral. ...697, Senator28. .
Shapiro. 69...699. Senator Shapiro. We'll stay on29.
SB 494 for consideration of an Item VêEo. o..secretary30.
Will read the motion. .3l.
SECRETARY: '32.
I move that the items on page 1, lines 13 through 2233.
' j
80 .''
. jzccgz-pggsxj
l of SB 494 Do Pasq', the Item Veto of the Governor to
2. the contrary notwithstanding.
3. PRESIDING OFPICEA (EENATOR MOHR):
4. Senator Shapiro.. '
5. SENATOR SHAPIRO: '
6. Mr. President, Ladies and Gentlemen of the Senate.
7. This Item Veto concerns itself with the deletion of
. 8. a project at ISU which would involve the establishment
9. of a fire alarm monitoring cable and then also a major
l0. remodeling job ai Northern Illinois University of Davis
1l. Hall. IE would be the second phase of a three phase project I
l2. and I would nov like to move that the..wlkem Veto of II
13. the Governorls be overridden, on this particular Item Veto. jIl4
. PRESIDING OFPICER (SENATOR MOHR):
15. Any furkher discussion? The question is shall the items
l6. on page 1, lines 13 through 22 of SB 494 pass, . I
17. khe Item Veto of the Governor ko the eontrary not- Il8. withstanding. The'secretary will call the roll.
1.l9. SECRETARY:
I20. Bartulis, Bell, Berning, Bruce, Buzbee, Carrolly .
2l. Chewe Clarke, Conolly, Course, Daley, Davidson, Donnewald,
1.22. Dougherty, Fawell, Glass, Graham, Harber Hall, Menneth1.
23. Hall: Hynes, Johns, Keegan. Enuepfer, Knuppelr Kosinski' II
24. Latherow, McBroom, Mccarthy, Merritk, Mitehler, Howard I
25. Mohre Don Moore, Netsch, NeWhouse, Nimrod: Nudelman, '
26. Ozinga, Palmer, Partee, Regner, Rock, Roe, Romano,
27. Saperstein. Savickas, Schaffer, Schollz Shapiroy Smith,ISommer Soper/sours, swinarski, Vadalabene, Walker, j28. '
Weaver, Welsh Wooten, Mr. Pr'esident.29. Ic PRESIDING OFFICER (SENATOR MOHR): I3 . .
31 Walker, aye. Weaver, aye. Scholl, aye. Netsch, no. I'
jaa. Sommer, aye. On that question th7 yeas are 28, ... On .
!qa that question the yeas are 28, the nays are 4,- the items. !
' 81
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lines 'l3 through 22 of SB 494 having failedon page
to receive Ehe required 3/5's vote are declared lost.
Senator Weaver.
SENATOR WEAVER:
Mr. President, and Members. I have filed a motion
on SB 697. I Would move that the item veto by the
Governor in SB 697 on page lines 32 through 35 and
on page l6, line 5 and on page line 20 Do Pass, the
veto of the Governor to the contrary notwithstanding.
This is the addiiion to Turner Hall and the addition
to the Law School, along with a utility run to service
the Law Building Addition. These buildings have been
in the Capital Program for the State of Illinois for
several years. It's badly needed. Therqfs certainly
money in the cpnstruction funds to make these additions,
and I would move that we override the Governor's veto.
PRESIDING OFFICER (SENATOR MOHà):
Further discuésion? shall the items vetoed by the
Governor...senator Harris.
SENATOR HARRIS:
Well, I just want to briefly make this observation.If there is one thing that needs to be encouraged in
this day of increasing needs for foodstuffs, the world is
rapidly becoming short of food and this Agronomy
Building contained in this veto just doesnlt make sense. And
This Legislature has got an opportunity to addrezs itself
to What is one of the greatest challenges to man's skill
to react to man's needs. This...this building is one of
the top priority requirements, kf you please, that we have
an opportunity to address ourselves to. I would hope
that we would act responsibly and provide the funds for
this important building that the world so desperately
needs.
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PRESIDING OFPICER
3.
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(SENATOR MOHR) :
Further dis'cusskon? The question is shall the item
on page l5, lines 32 to 35; page l6, line 5; and on page
l7, line 20 of SB 6é7 pass, the Item Veto of the Governor
to the contrary notwithstanding. 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, Kosinski,
LaEherow, McBroom, Mccarthy, Merritt, Mitchler/ Howard
Mohr, Don Moore, Netsch, Newhouse, Nimrod, Nudelman,
Ozinga, Palmer, Partee, Regner, Rock, Roe, Romano,
Saperstein, Savickas, Schaffer, Scholl, Shapiro, Smith,
Sommer, Soper, Sours, Swinarski, Vadalabeùe, Walker,
Weaverz Wqlsh Wooten: Mr. President.
PRESIDING OFFICER (SENATOR l4OHR):
Weaver, aye. Schaffer, aye. On that question the yeas
are twenty-eight, the nays are four, the items on page l5,
lines 32 through 35; page line 5 and on page iine 20# Of
SB 697 having failed to receive the required 3/5:s vote are
declared lost. Senator Weaver.
SENATOR WEAVER:
Mr. President, Members of the Senate on Consideration
Postponed is SB 449. This is a restoration of 4.l million
dollars to the University of Illinois. Basic need for this
money is to maintain approximately 200 jobs at the Chicago
Circle Campus and I'd appreciate a favorable roll call.
PRESIDING OFFICER (XENATOR MOHR) :
We're on the order of ConsideraEion Postponed. SB 449.
. . .stand at ease for one minute. The question is shall the
ikems on page 1, line 11 and page 2, lines 5, 6 and 7 of SB 449
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be restored, thq Item Reduction of the Governor to the
contrary notwithstanding. On that queskion 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,.lohns, Keegan, Fnuepfer, Knuppel, Kosinski,
batherow: McBroom, Mccarthy, Merritt, Mitchler, Howard
Mohr, Don Moore, Netsch, Newhouse, Nimrod , Nudelman,
Ozinga, Palmer, Partee, Regner, Rock, Roe, Romanoy
Saperstein, Savickasz Schaffer, Scholl, Shapiro, SmiEh,
Sommer, Soper, Sours: Swinarski, Vadalabene, Walker,
Weaver, Welsh Wooten, Mr. President.
PRESIDING OFFICER (SENATOR MOHR):
Johns, nc. Request to call Ehe absahtees.
SECRETARY:
Buzbee, Carroil, Chew, Course, Daley, Donnewald,
Dougherty, Kenneth Hall, Hynes, Keegan, Knuepfer: Knuppel,
Kosinski, Mccarthy, Newhouse, Nudelman, Palmer, Rock:
Romano, savickas, smith, swinarski, Vadalabene? Welsh.
PRESIDING OFFICER (SENATOR MOHR):
On that question the yeas are twenty-nine, the
nays are four. The item on page 1, line 1l; page 2t
lines 5, 6 and 7 of SB 449 having failed to receive
the required majority vote of Senators elected Gre
declarod reauced. Two voting present on SB 449. senator
Shapiro on SB 699. Senator fhapiro. Senator Shapiro.
SENATOR SHAPIRO:
Mr. President and Ladies and Gentlemen of the Senate.
SB 699 is a substantive bill whièh amends the'
Junior College Act and raises the flat grant rate
from not less than 16.50 tö read not less than $18.00.
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The Governor in his Amendatory veto reduced that $18.00
figure to $t7.61. Now I think it behooves this General
Assembly to go along with these...recommendations of the
Board of Higher Education, which recommended that the flat
rate grant for junior colleges for this next fiscal year
of î74 at $18.00, And I do want to read you a few
quotes which substantiates the fact that it ls the Board
of Higher Education that .in this particular matter should
set the policy. Dr. Camero'n West who is the new Executive
Secretary of the Board stated the following on September
16th of this year. West says that the Higher Board should
be the independent authority for recommending budgets to
the Governor and the Legislature. He also hopes that by
getting all the cuts in a row before the Legislature begin's
khat, he can avoid having individual legislative commitEees
making their own pinches for more money. Well, Ladies
and Gentlemen of the Senate, this Senate did follow the
recommendations of the Board of Higher Education and approve
an $18.00 flat grant rate in SB 699. Furthermore, on June
2nd of this year Governor Daniel Walker When he spoke to
the Illinois Comnunity College Trustees Association basically
said the same thing. He was discdssing the matter with the
Trustees and said that I have been discusslng With Donald
Prince, Chairman of the Board of Highpr Education with
Cameron West and with oEhers how this money is to be
allocated. 1% is not by my provenance, I believe, for me
to Make that decision. I believe basically those decisions$
of allocation should be made by the Board of Higher
Education. That's why We have the 3oard. They have more
knowledge than I do and I have to agree.with that state-
ment. He states that I do have the right, the prerogative
and I beoieve the res/onsibility to make the priorityrecommendationc. And these are his pribrity recommendations -
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Health, education, the community college system in this
State and the scholarship needs of the students in this
State. Furthermore, Ladies and Gentlemen of this Senate,
I think that $18.00 comes closest to doing whav everyone
in this General Assembly knows has to be done for our
junior colleges and that is to move to 50% funding.
$19.00 would be mpch better, and there's another bill
that we will be calling later on this evening that
achieves that goal. But for this particular bill,
which says lessp..not less than $18.00, and which comes.
close to the $18.50 ''in the appropriation bill. I would
now like to move that SB 699 Do Pass, the specific
recommendations of the Governor to the contrary not-
withstanding.
PRESIDING OFFLCER (SENATOR MOHR):
Senator Bruce.
SENATOR BRUCE:
Yes, Mr. President, Members of the Body, I am the
sponsor of SB 697 and was...699 and curious having filed
a motion that we accept the specific recommendations of
the Governor why that was not called prior to Senator
Shapiro's motion.
PRESIDING OFFICER (SENATOR MOHR):
Senator Shapiro made the request-..to call SB 699
and that's what We acted on.
SENATOR BRUCE:
Well, my understanding under the rules that when a
motion was filed the sponsor Would have the primary res-
ponsibility. That motion was filed, and I understand that
the spcnsor's motion would be called first, after which time
any other motions would then be considered.
PRESIDING OFFICER (SENATOR MOHR):
That was true until...
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SENATOR BRUCE:
Until 6:00 o'clock this evening when...all bets are off.
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PRESIDING OFFICER (SENATOR MOHR):
What.a.what...what day is it?
SENATOR BRUCE:
Today is the 29*h of October, Central Daylight Time,
as Senator Harris would point out. o..central Standard Time.
PRESIDING OFFICER (SENATOR MOHR):
Last Monday was the.o.last day that...Last Monday
the Chair will point out, that last Monday was the eighth
day and if the sponsor does not call a bill within eight...
eight days after the Governor's objections, any person there-
after may file such a motion. And...and may call such a
bill and that's what Senator Shapiro's doing now. Is
there further discussion on Senator Shapiro's motion?
Senator Bruce.
SENATOR BRUCE:
Well, 1...1 have not had my question answered. Under
the rules the motion was filed. This is the first time
that I know of that we have gotten to 699. It has not
been called when I was on the Floor to have it called and
if it was, I Will apologize. But I do not recall that bill
being...called by the Chair at any time when this Senator
was in attendance.
PRESIDING OFFICER (SENATOR MOHR):
Last...last Monday was the eighth day and evary day
the Chair asked if a sponsor wants to call a bill and you
d1d not call the bill? senator.
SENATOR BRUCE :
Is the Chair saying that every bill that was called
this evening was called once prïor to this.-.to the eighth
day èut off? If that is the contention of the Chair I would
say that is not...not what has occurred in this Body today.
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PRESIDING OFFICER (SENATOR MOHR):
Whate..what'the Chair is saying
the eighth day and that thereafter any member has the r'ight to
call a bill, if he has filed a motion.
SENATOR BRUCE:
Even though the sponsor has likewise filed a motion,
is writing?
PRESIDING OFFICER (SENATOR MOHR):
If the sponsor filed a motion and didn't aet on it
the...the Senator Shapiro would have a right to act on his
motion.
SENATOR BRUCE:
that last Monday was
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Well, what..ojust so this Will not occur with me again,what does one do when we do not get to this order of business,
not being in leadership you see I do not have the prerogative
l6. of calling the bill whenp..when I wish. 'Nnd, so, I stand here and
l7. Wait for 699 to be called and thatls when it eame up, the
18. motion has been on' file until...since the 24th.
PRESIDING OFPICER (SENATOR MOHR):
20 Well, Senator, we've been here several weeks and
2l. every day...the question is always asked is there any
22. further business to come before the Senate? You have
2a. been in attendance every day and you have not asked for
24. that bill to be acted upon. Senator Rock.
25> SENATOR ROCK:
26 Well, 1...1 think with a1l deference to thc
Chair, the point made is a valid one. You will recall
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with possible amendments to Rule 7l# this hypothesis was29.
in fact brought up. And the Rule was amended to read30.
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that if more than one motion is filed on any Buch.e.any2l.
bill, that they will all be called together. And the32.
understanding wasr that the sponsor's motion would have33.
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Priority. And I think to deviate from that we are now
going to get into another fifteen-day period with regard
to House fâlls.
PRESIDING OFFICER (SENATUR MOHR):
You are correct Senator up to the point where you
failed to mention that that had to be done within eight
days.
SENATOR ROCK:
Now, wait a minuEe, Wherelso.ewhere's.o.Terry, 1et
me have that sheet. No. Al1...all ik's...all I recall, Mr.
President... If the sponsor does not call a bill within
eight calendar days, thereafter any person filing such a
motion may call such a bill. I don't question the right
of Senator Shapiro or any Senator for that matter to..oto
make a motion on this or any other bill at this time. What
I'm suggesting is that if more than one motion is filed with
respect to any bill, all such motions shall be heard at
the time the bill is called. And the understanding was
at that time that if in fact the sponsor of the bill
had a motion, that motion would be called first and then
al1 the others in the event that they wish them to be called.
PRESIDING OFFTCER (SENATOR MOHR):
The point Senator is that Senator Bruce as the sponsor
did not call the bill within the eight days. Th'at...that
is spelled out in Senate Rule 71. Senator Rock.
SENATOR ROCK:
We.o.we needn't kick this dead horse too much longer,$
but, I think the point was that the point of that Rulep Mr.
President was that the sponsor has eighe days within which
Eo file a motion in writing, and if in fact he does so,
that motion would have priority at the time the bill is'
i the event EhaE more Ehan one motion iscalled. And n
filed, they'll all be called together with the sponsor's
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moEion beini called first.PRESIDING OFFICER (SENATOR M0HR):
Well, Senator I#m reading Rule...from Rule and
states: if the sponsor does'not call a bill within eight
calendar days after the Governor's objections to suchbill are entered in the Journal, Ehereafter any person
filing such a motion may call such a bill. The Chair
will point out again that Senator Bruce did not ask to
have this bill called or heard. Senator Shapiro has asked
for that. He's filed a motion and his motion is in order.
Senator Carroll.
SENATOR CARROLL:
Point of parliamentary inquiry, Mr. Chairman . ' I read
the message of your Senate Rule 71 and it's also if more
than one motion is filed with respect to any bill, all such
motions shall be heard at the time the bill is called. Does
this Senate operate under a fifo or lifo method? Is it the
first in, the first out or are you going by the last in, the
first out. I think that the Senate in the prior has always
acted under a fifo method, and Ehat the first one to file
any amendment or any other type of motion was heard first.
PRESIDING OFFICER (SENATOR MOHR):
m . .youfre a learned lawyer. If youdll continue to
i ill' ive you the answer. don't wantread the Rule tha w g
to belabor donfE want to read this Rule one mùre time .
think it's understood by all. Senator Carroll.
SENATOR CARROLL:
No, even reading the rqst of it: Mr. Prgsident, you
still have both motions on file and the question is, is the
first one in the first one out? Is first in time first in
rights?
PRESIDING OFFICER (SENATOR MOHR):
Well, after we hear Senator Shapiro's motion, take action
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on that thev Senator Bruce' could cal' his motion. Senator
Shapiro.
SENATOR SHAPIRO:
Mr. President, I.renew my motion to call the roll.
PRESIDING OFFICER (SENATOR WEAVER):
Question shall the Senate override the specific
recommendations in the Amendatory Veto. The question is
shall SB 699 pass and the specific recommendations of the Governor
to the contrary notwithstanding. The Secretary will call
the roll.
SECRETARY:
Bartulis, Bell, Berning, Bruce, Buzbee, Carrollg
Chew? Clarke, Conolly, Course, Daley, Davidson, Donnewald,
Dougherky, Fawellr Glass, Grahama..Graham, Harber Hallz
Kenneth Ha1l...
PRESIDING OPFICER (SENATOR WZAVER):
Ladies and Gentlemen the Secretary just cannot hear
the roll call, will you please be a little quieter, please.
SECRETARY:
Eenneth Hall, Hynesr Johns, Keegan, Knuepfer, Knuppel,
Kosïnsksi, Latherow, McBroom, Mccarthy, Merrikt, Mitchler,
Howard Mohr, Don Moore, Netsch, Newhouse, Nimrod, Nudelman,
Ozingay Palmer, Partee, Regner, Rocky Roe, Romano, Saperstein,
Savfckas, Schaffer, Scholl, Shapiro, Smithe Sommere Soper,
Sours, Swlnarski, Vadalabene, Walker, Weaver', Welçh, Wooten,
Mr. President.
IRESIDING OFFTCER (SENATOR IGAVER):
Graham/àye. walker, Aye. o..question khe' ayes arethirty and the nays are six. The motion to override the
specific recommendations of the Governor, fails. Senator
Bruce .
SENATOR BRUCE:
Yes, Mr. President, Members of the Body, now move to
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accept the Governor's specific recommendations for change
with respect to SB 699. That is where the Governor has
kaken the action of reducing the amount of $18.00 to $17.61
per hour for junior college's full-time equivalenk students.
I vould poïnt out to the membershâp at thâs poln: havâng
failed on Senator Shapirols motion, we do need to accept
the specific recommendations or there is no legislation.
This will...as I understand it rèquire 30 votes.
PRESIDING OFFICER (SENATOR WEAVER):
Senator Shapiro.
SENATOR SHAPIRO:
Mr. President, Ladies and Gentlmen of the Senate, I
just want to clarify ty position on this. Senator Bruce
knows well that $17.61 will not fund the junior collegesproperly this year due to the ineptness of the Governor in
his Amendatory Veto of 698 which we are going to be con-
sidering a few moments frem now. However, since I want
that flat grant figure as close as we can get it to $18.50
I'm going to recommend that this side of the aisle do vote
in the affirmative in order that this bill standg at
17.61 instead of 16.50. 1'11 save my big quns for 698.
PRESIDING OFFICER (SENATOR UVAVER):
Any further discussion? Senator Bruce do you care ko
close debate? The question is shall the Senate accept the
specific reccmmendatlons of the Governor as to SB 699 in
the Ranner and form just indicated by Senator Bruce. Andon that question the secre#ary will call the roll.
SECRETARYI
Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
Chew, Clarke, Conolly/ Course, Daley, Davidson, Donnewald,
Dougherty, Faxell, Glass, Graham, Harber Hallp Kenneth
Hall, Hyhes, Johns, Keegan, Knuepfer, Knuppel, Kosinski,
Latherow, McBroom, Mccarthy, Merritt, Mitchler, Howlrd
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Mohr, Don Mgore, Netschr Newhouse, Nimrode Nudelman,
Ozinga, Palmer, Partee, Regner, Rock, Roe, Romano,
saperstein. savickas,.schaffer, scholl, bhapiro. Smith,sommer, soper, soursc swinarski, vadalabene, walker,
Weaver, Welsh Wooten, Mr. President.
PRESIDING OFFICER (SENATOR WEAVER);
Howard Mbhr: aye. Scholl, aye. Schaffer, aye.
Berning, aye. Bartulis, aye. On that question :he ayesare forty-seven, the nays are none
. The specific recommen-
dations of the Governor as to SB 699 bavlng received the
requâred majority vofe of Senakors elected are declared
accepted. senator Shapiro. Senator Shapiro.
SECRETARY:
I move that the item on page 2, lines l throuqh 7
of SB 698 be restored, the Item Reduction of the Governor
lE. to the contrary notWithstanding.
l7. PRESIDING OFFICER (SENATOR WEAVERI)
Senator Shapiro.
l9. SENATOR SHAPIRO:
ac. Mr. Presidenk, Ladies and Gentlemen of the Senate ,2l. this motion that I am making concerns ikself wikh restoring22. tbe reduced amount of the appropriation for the flat grant
23. as it concerns the junior collegea. In my opinion, lt isz4. absolutely incredible what has happened to thfs Senate
2s. Bi11, 698. I donft kno? whether it's due to ineptness:26. poor legal advice or ignorance. I1m going to let you
27. be the judges as to which is the proper adjective. However,
2a in amending this bill the Governor very properly reduced29. the dollar amount from 59.6...from 63.8 million to
3c. 59.6 million in a Reduction Veto and cited Article 4,
section 9-D of the Constitution. Citing the same Article3l.
p and that same Section, he also reduded the flat grant3 .
rate f rom 18 . 50 to 17 . 61 . What has happened, is that the3 3 .
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Comptroller in noiicing the error in this Reduction Veto
asked the Attorney General for an opinion. And the Attorney
General's opinion reads something like this, and sums up
the problem with 698. Since for the reasons stated. the
Governor's attempted reductions on the flat grant rate of
18.50 is nelther an effective Neduction Veto under Seckion
9-D, not an Amendatory Veto under 9-E, that provisïon
stands as originally enacted and the balance of SB 698 as
modified by the Governor has become law. Now in order that
this bill not be Yitigated, and in order that the junioy
colleges know how much money they are getting, and in order
that the junior colleges get the proper amount of money
that this General Assembly voted them last spring, I am
making a motion ko restorq the reduced fgnds the
law of this State as it now stands, states that the flat
grant shall be not less than $18.50. If we do not restore
this amount, the Governor can àpportion thfs money at $17.61:
but the way he has'handled the bill Ehere won't even be
that amount of money for our junior colleges because he
reduced in arriving at Ehe 59.6 figure, reduced the full-
time equivalency from a projected figure of a 115,000 Eo
approximately 113,000. So what would be necessary if the
Governor were willing next spring, We'd have to come in
for a supplemental appropriation for the junior colleges.
I would rather not take that chance and we can clarify
the entire situation by just merely restoring th2 amount
of funds necessary to 63.8 Million dollars. would now
like to movet Mr. President and Ladies and Gentlemen of the
l through 7 of EB 698, thatsenate, that on page 2, line
that be restored. The Item Reduction of the Governor to
the contrary notwithstanding. In suming up this motion,
I Ehink everybody here is in agreement that $19.00 Would
be a more appropriate figure. There are printed statements to
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the effect by thd Governor, by the Democratic task force
in 1971, by Sena#ors Part'ee and Representative Choate in
1971 that $19.00 more appropriately comes to the 50% funding
figure. With that statement I will close. I would urge an
affirmative vote dnd it requires 30 votes to override this
Item Reduction of the Governor. And...
PRESIDING OFFICER (SENATOR WEAVER):
Ladies apd Gentlemen, we're honored wikh the presence
of the Speaker of the House, Speaker Blair. Any discussion?
Senator Bruce.
SENATOR BRUCE:
Yes, Mr. President, Members of the Body. I have been
told from behind me that we are to hurry up, the hour is
getting late, but I would like to review very quickly SB
698. I Was intrigued by Senator Shapiro's comments about
the amount of money needed to fund proper.ly junior colleges
in Illinois and particularly his..ohis reference to the
$19.00 figure, ringing a bell, coming back from 1971 and
HB 1676. At that time I believe the Governor was Governor
Ogilvie who had a like bill in front of him. And like
senator Shapiro, I do not wish to judge the ineptitude orthe ability of any of the Governors, let those who come
behind us do that. But in reference to that particular
piece of legislation, Covernor Ogilvie at that time stated
that he was going to reduce khe amount of $19.00 to
$15.50. I Would point out that Governor Ogilvie who
did not go as Governor Walker has done and given an
increase but wènt from the $19.00 a11 the way back to
the present rate in effect dt khat time of $15.50 per
h The exact language in that amendmentsemester our.
and veto dated July 16: 1971 was to insure a consistency
of action and gubernatorial intente I hereby reduce the
amount of $19.00 on page lr'line 30 of HB 1676 to $15.50
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the present statutôry rate. I don't know how Senator
Shapiro voted on that, being a House Member. came
to the Hduse and was ratified. It came to the Senate
and was ratified. I would dare say that he supported
that action of the Governor reducing tha: amount from
$19.00, what he claims to be required in 1973 back to
the present, the rate then of $15.50. 80th Governors
then under the new Constitution have taken aetion to
reduce within khe appropriakion bill the amounts to be
given as flaE grants. Now the first question is why
would any Governor want to do khaty and why would we
include it in any appropriation bill? Because the
statute under Section 102-16 requires that the flat grant
rate quote ''shall be specified for each year in khe act
making the appropriation for this purposeo'' I had no
choice. Governor Ogilvie had no choice. Governor Walkerz
had no choice. The question is, what rate, at what rate are
we going to fund junior colleges. The statute requires and
I think improperly that we put the rate ln the appropriation
bill, and perhaps that's an issue We should face next
year. But we have just passed 699, which sets *he ra#enow at 17.61. I concur with Senator Shapiro and the
Attorney General, the Board of Higher Educationr the
Junior College Board that the reduction in the amount
from 63 million, to 59 million is absolutely constitutional.
That leaves us with the problem...of thls, at what rate
are we going to pay? In 699, we've said we're going to
pay at 17.61. In the bill that's passed by Ehe Governor,
it says 17.61. NoW the Attorney General stands on the
Floor with us. He has'rdndered an opinion. The Governor's
Office has rendered an opinion. I am sure it Will be., < .
litigated. But I thiHk the appropriate step now is, is *o
send it to the courts as lk is, as prio: Governor's have
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1. handled it, as a sEraight reduction and 1et them decideI
2. whether either of the Governors or Ehe Governor in this h3. instance Qas correct. ' I
4. PRESIDING OFPICER (SENATOR WEAVERI) II5
. Any further discussion? Senator Shapiro may close II
6. debate. II7
. SENATOR SHAPIRO: ' I18
. Mr. President and Ladies and Gentlemen of the Senate I. f
9. I do want to point out that this is two years later and j
Il0. cireumstances have changed. As you'll recall in 1971, the funds I
Ill. were not available and at that time the various junior I
Il2. college interest groups went on record opposing an override.I
l3. This year the situakion is different in that the.lllinois !I
'
j14. Community College Trustees Associaticn is soliciting theI
l5. support of the Genqral Assembly in an override of 691 nainly I' I
l6. due to Ehe fact that the. Reduction Veko of the flat grant was I
l7. erroneous and that khe flat grant by law and by the I. . I
ï8. Attorney General's opinion now stands at 18.50. And II
l9. the Comptroller under the law that governs his offiee II20
. can only approve the voucher at the $18.50 figurç if the j. I21
. monles are appropriated. And I think it behooves us here I
22. to approve that appropriation so that the junior colleges I' do do not have to wait for litigation. And in closing I l23. . . .
l24 renew my motion and remind the Senate that it ryquires l
I25. 30 votes to override this Item Reduction of khe Governorfs. I
' I26. PRESIDING OFFICER (SENATOR WEAVER); I
127. The question is shall #he item on page zr.o.senatori
28. Shapïro was closing debate, Senator Bruée. Senator Bruce, I' I29. what is your inquiry? I
. I3c. SENATOR BRUCE: ' jI31. Wel1: since under Ehe Attorney General's opinfon j
T . % .
22 he has stated that the action of the Governor relative .'
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j60 Yhê ratG is quote ''neither an attemptl. oAmendatory Veto3 3 . . . .
' ny
nor a.Reduction Veto, on What are We noW voting and what
2. is the motion thàt Senator Shapiro has filed? SRecifically.
3 . PRESIDING OFFICER (SENATOR WEAVER) :
4 '. The motion is , shall the item on page 2 , lines l
5 . through 7 of SB 698 be restored . The Item Reduction
6. of the Governor to the contrary notwithstanding . .motion.
7. Senator Bruce, this is a Reduced Item, it wlll take 30g '. votes
. senator Bruce.
9. SENATOA BRUCE:
10. 1. . .1 just wank to make this clear because it will.bell. litigated, it is a ruling of the Chair that we are votlng
l2. on a Reduction Veto of Governor Walker relative to SB 698.
13. Welre talking about a Reduction Veto, not an Amendatory Veto.
l4. PRESIDING OFFICER (SENATOR WEAVER):
l5. we are vot.ing on the motion and I Fill read the motion.
l6. SENATOR BRDCE:
l7. well, now... .
l8. PRESIDING OFFICER (SENATOR WEAVER):
l9. The question is shall the item on page 2, line 1
20. through 7 of SB 698 be restored, the Item Reduction of
2l. the dovernor to the contrary notwithstandlng. And ehe
22. secretary wïll call the roll.
23. SECRETARY:
24. Bartulis, Bell, Berning, Bruce, Buzbee, Carroll,
25. Chew: Clarke, Conolly? Coursez Daley, Davidson, Donnewaldy
26. Douqherty, Fawell, Glass, Graham, Harber Hall, Kenneth
27. Hall, Hynes, Johns, Keegan: Xnuepfer, Knuppel, Kosinski,
28. Latherow, McBroom, Mccarthy: Merritt, MiEchler. Houard
29. Mohr, Don Moore, Netsch, Newhouse, Nimrod, Nudelman,
30. Ozingar Palmer, Parted, Reqner, Rock: Roe, Romano,
31. Saperstein, Savickas, Schaffer, Scholl, Shapiro, Smith,
32 Sommev, Soper, Sours, swinarski: Vadalabe' ne# Walker,
33. Weaver, Welsh Wooten, Mr. P/esident.
98
1. PRESIDING OFFICER (SENATOR WEAVERI:'I
2. On thak question the ayes are thirty and the nays are I. I
3. eight. The item on paqe 2: lines *1 throuqh 7 of SB 699 '* *- *
'
''' . ''' j
4* having received the required najority vote o/ khe Senators 1' I5. elected is declared restorede the item reduction of the '
. , !
6. Governor to the contrary notwithstanding. Senator Dru'ce. !
7 I* SENATOR BRUCE :
g '' Yes e I would move that that rall call be verificd
9. Mr. pzesiuent. .
lô* PRESIDING OFFICER (SENATOR WEAVER):
ll. verifieation 'has been asked for. The Secretary will
l2. call the affirmative votes. .
l3. sEcnETAav: .
l4. The following voted in the affirmative: Bartulis,
15. Bell, Berning, Clarkee Conolly, Davidson, Fawell, Glass, I
l6. crah am, Harber Hàll, Knuepfer, Latherow, McBroom, Merritty '
17' Mitchler, Howard Mohr, Don Moore' Nimrod, Ozinga, Regner, I' l8. Roe , sehaffer, schollz shapiroe Sommer, Soper, Sours, !
l9. walker, Weaver, Mr. President. ' I
20. PRES,IDING OFPICER (SENATOR WEAVER); I
2t. -He got lost. Senator Bruce. I
22. SENATOR BRgcE: I
23. Is senator Latherow on the Floor? I'm sorry.
' I!
14. PRBSIDIUG oerzcàR (sskamoa wkAvEa): I!
25. senator Lathezow is on the Floor. The' roll has been I
e 126. verified. 692. Senator Walker is in his seat, the roll 1
' I. 27. has been verified. 692. I
... . '
. I28. SSCRETARY: '
I29. Motion. I move that SB 692 pass notwithstanding I
. !30. the veto of the Governor. Signed Senator Shapiro. I
' . j31. PRESIDING OFFICER (SENATOR WEAVERI: I
I32. senator shapiro. '
I33. SENATOR SHAPIRO: '
99
1. Mr. President; Ladies and Gentlemen of khe Senate, II
2. the Governor's veto of SB 692 was a total veto and the 1I
3. bill divd this, the main impact of the bill was to provide'
j4. the junior colleges with a funding on their tenth day head' I
I5. count instead of mid-term . Incidental to the main thrust. I
'
I6. of this billz it also amended the flat grant rate to $19.00 II7. and this was not changed during the course of the legislative II8
. action and went to the Qovernor's desk in this partieular I'
j9. form. I think that this i'B a bill that everyone in this
l0. Assembly can vote for. It has no fiscal implications '
ll. for F.Y.'74 because it does not take effect until July lst
l2. of next year. At that parkicular time the fiscal implications
l3. are approximately 8 million dollars. I think that there is
14. a lot of support for this type of bill and I would like '
l5. to read from you a quote of Governor Walker's from the
l6. Illinois Academe when he was a candidate for Governor of
l7. this State. And in answer to the question do you believe ' '
' h t the State has an obiigation to fund public community !l8. t aI
l9. college operations at the 50% level, Governor Walker answered 'I
t2O. such - as I understand it khe State did make assurances to. I
. I2l. many local districts that it would fund 50% of the operatingI
22. costs of junior colleges in :he State, although we have not II22. . done so today. I think we should move in the direction of I
. . I24. 50% funding not only to help the junio: colleges but âlso' '''''
. !I25
. to relieve pressure on the local property tax. Gavernor jI26
. Ogilvie apparently does not feel Ehe same obligation: although jI27
. the State had appropriated $19.00 per semester hour, for j$
I28. junior college support in 71-72 school year, Ogilvie used j'
. j29. his line item veto power to eut back to 15.50 per semester 1
3c. hour for that year. .1 khink that statement bears out that It
31. the Governor as a candidate d1d support $19.00. Back in I
32 Octoben of 1971, Oct6ber 13th to be exact: we have a press I
atement by Sénator Cecil Partee who dt thak time was i33. St
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President Pro-Tem and Representakive Clyde Choate who is
House Democratic Leader and I1m just going to read part
of the statement. We...we propose aetion to help the
State make good on two promises to local taxpàyers by
inereasing the State aid grant from 15.50 to $19.00 the
State will move closer to the 50% funding commitment. The
increased funds will relieve the local tax dollar bringing a
measure of relief to the hard pressed property tax rolls.
Significant as the initiative will be however, it still
will not provide full 5O% funding. Average semester hour costs
are 40 to $45. Now, the junior colleges have pretty well
maintained that average semester hour cost and it still ranges
in that particular field. $19.00 is not quite 50% funding
but it comes real close. This bill would make the junior
colleges put them in a good financial condition for at
least two years. I want to repeat to ybu that it has no
fiscal implications for this yeaç. It does not take
effect until the following year. And in closing this
statement Mr. President, I would allow..gnow like to move
that SB 692 pass, notwithstanding the veto of the Governor.
PRESIDING OFFICER (SENATOR WEAVERIZ
Is there any discussion? The question is shall
SB 692 pass, Ehe veto of the Governor to the contrary not-
withstandlng and on that question the Secretary will call
the roll.
SECRETARY:
Bartulls, Bell, Berning, Bruce, Buzbee, Carroll,
Chew, Clarke, Conolly' Course, Daley, Davidson, Donnewald,
Dougherty, Fawell, Glass? Graham, Harber Hall, Kenneth
Hall, Hynes, Johns, Keegan, Knyepfer, Knuppel, Kosinski:
Latherow, McBroom, Mccarthy, Merritt, Mitchllr, Hovard
Mdhry Don Moore, Netsch, Newhouse, Nimrod, Nudelman,
Ozinga, Palmer? Partee, Rùqner, Rock, Roe: Romano,
10l
. T
IIII
fi
Saperstein, Savickas, Fchaffer, Scholl, Shapiro, Smith, i
Sommer, Soper, Sours, Swinarski, Vadalabene, Walker,*' .
3. Weaver, Welsh Wooten, Mr. President.
4. PRESIDENT:
5. Por what purpose does Senator Walker seek recognition?
6. SENATOR WALKERZ
7. Mr. President and Members of the Senate, a Monday
8. niqht report. the Bills are leading the Chiefs 23 to 14
9. and O.J. is 20 yards short of a thousand yards for the
l0. season at the end of 3rd quarter. k just thought some
l1. of you other unfortunates would like to know whates going on.
l2. PRESIDENT:
l3. On that question the yeas are twenty-fivez the nays
l4. are three, those voting present one. SB 692 having failed
l5. to receive the required 3/5's vote is declared lost.
l6. Senator Mohr.
l7. SENATOR HOWARD MOHR:
l8. Mr. President I move We adjourn.
l9. PRESIDENT:
20. Senator Mohr moves that the Senate adjourn until2l. 10:30 tomorrow morning. All in favor signify by saying
22. aye. Contrary no. The motion cabries, the Senate stands
23. adjourned until 10:30 tomorrow morning.
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