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Illinois Senate Floor Debate — May 27, 1994

88th General Assembly (1993-1994) · Legislative day 126 · Regular Session
Chamber
Senate
General Assembly
88th (1993-1994)
Date
May 27, 1994
Legislative day
126
Session
Regular Session
Speaker turns
130
Original
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PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) The regular Session of the 88th General Assembly will please come to order. Will the Members please be at their desks, and will our guests in the gallery please rise. Our prayer today will be given by Senator Brad Burz.ynski.

SENATOR BURZYNSKI

(Prayer by Senator Burzynski) I

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Reading of the Journal. Senator Butler. ' : I

SENATOR BUTLER

Mr. President, I nove that reading and approval of the I l Journals of Wednesdayr May 18th7 Thursday, May 19th7 Friday, May 20th) Wednesday, May 25th7 and Thursday, May 26th, in the year of ! 1994, be postponed, pending arrival of the printed Journal. '

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator -- Senator Butler moves to postpone the reading and approval of the Journal, pending the arrlval of printed ' transcripts. There belng no objection, it is so ordered. Senator Maitland : for What purpose do you rise?

SENATOR MAITLAND

Thank you , Mr . President . For the purpose of an announcement, sir . Announce that the ...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Make your announcement .

SENATOR MAITLAND

.. . senate Committee on Appropriations will meet one hour from now, at approximately 10:05, to consider the subject matter With respect to House Bill 4, Conference Committee Report .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Senator Maitland .

SENATOR MAITLAND

And thank you r Mr . President. And that -- that meeting will 1 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 be in Room 212. 1

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Thank ycu. Illinais Information Service requests permission to vldeotape. Is there leave? Leave is granted. Beatty Televisual requests permission to videotape today's proceedingu Is there leave? Thank you. Leave is granted. Senator Cullerton, for what purpose do you rise?

SENATOR CULLERTON

Yes, Senator, I'm sorry. I was just off the Floor. Senator Maitland made an anncuncement concerning a bill? Could you repeat...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Concerning the Appropriations Committee, Which will be meeting, I believe, in regard to the supplementaly and it Will be at 10:05 in Room 212. Senator Maitland could correct me lf I'm wrong, bue I believe that was the essence of his announcement. Senator Cullerton.

SENATOR CULLERTON

Could you give me the bill number on that? Was that blll number..

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Four. House Bill 4.

SENATOR CULLERTON

I thought that bill was in the Rules Committee. Because -- the reason why I ask that, because we had a Rules Committee pcstponed -- or cancelled last night at 4 o'clock, and I thought ue were going to consider whether that bill should go to a committee. So, I thought maybe I missed the Rules Committee, or maybe it was cancelled and ...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) The -- the -- our rules established that the committee Would hear the substantive nature of -- of the legislation. Yes. Yeah. I 2 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 Senator Demuzio.

SENATOR DEMUZIO

I'd like to on a inquire of Senator Maitland. We are just hearing the subject matter. T assume at some point this norning Wedll have another Rules Committee in order to pop .that amendment to khe Floor so that the supplemental can be passed. Please correct ne if I'm wrong. Oh, here -- here comes Mr. Rules himself.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Maikland.

SENATOR MAITLAND

You are absolutely correct, Senator Demuzio.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Syverson, what -- for What purpose do you rise?

SENATOR SYVERSON

Point of personal privilege. I'm not...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) State your pointy Senator.

SENATOR SYVERSON

I'm not sure if this is the proper place to bring it up# but in the Senate we have a certain decorum that we want to abide by, and frankly, last night at a party I noticed a certain Senator, Senator Geo-Karis, who was throwing herself Wantonly at men. And I wasr franklyr concerned abaut that, and...

PRESIDING OFFICER (SENATOR WAQSON)

PRESIDING OFFICER: (SENATOR WAQSON) Would share that same concern, Senator. Thank you for your conments. In self-defense, Senator Geo-Karis.

SENATOR GEO-KARIS

Mr. President, Ladies and Gentlemen of the Senatez -- think my frlend bespeaks evil with a forked tongue. First of all, he has two left feet, and he was very jealous because Senator Butler and Secretary of State George Ryan danced with me, beeause 3 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 they were very good dancers. And I know Syverson is eating his heart out, because he can't dance worth a darn.

PRESIDING OEFICER (SENATOR WATSON)

PRESIDING OEFICER: (SENATOR WATSON) It is the intent of the Chair now to proceed to the Order of Resolutions for the purpose of eonsidering khose that would be of an emergency nature, and that would be on paqe Senate Joint Resolutlon l69 and Senate Joint Resolution 170. Senator Karpiel. ... tmicrophone cutoffl...Karpiel, dc you wish the resolution to be considered? Secretary, please read the resolution.

Harry (surname or first name uncertain)

Senate Joint Resolution 169, offered by Senators Karpiel and Philip. There are no committee or Floor amendments, Mr. President.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel.

SENATOR KARPIEL

Thank you, Mr. President. Senate Joint Resolution l69 creates the Joint Committee on Term Limits to draft the argument against the term limit constitutional amendment. As you knowy the term limit constitutional amendment will be on *he ballot by petition this fall. So the General Assembly has to write the arguments açainst the term ltmitsr and this is the resolutlon that sets up the committee to do that.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any other discussion? Is there any discusslon? Senator Karpiel, would you Wish to close? No. Senator Karpiel moves the adoption of Senate JolnE Resolution No. 169. A11 those in favor, please vote Yes. Those opposed, vote No. The voting is open, Mr. Secretary . Have all voted Who Wish? Have all voted who wish? Have a1l voted uho Wish? Take the record. On that question, there are 50 voting Yes, no voting Nor 5 voting Present. Senate Joint Resolution 169, having received the 4 STATE OF ILLINOIS 88TH CENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT i 126th Legislative Day May 27 , l994 I required constitutional majority, is declared passed. Senator Karpiel, do you wish to have your resolutlon called? Mr. I Secretary, please read the resolutlon. SECRETARY HARRY: i Senate Joint Resolution 170, offered by Senators Karpiel and Philip. No committee or Floor amendmentsr Mr. President. ' PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel. ! SENATOR KARPIEL: Thank your Mr. President. Senate Joint Resolution 170 i creates the Joint Committee on Effective Dates. This is the resolution to put in place the committee to write the both pro and con parts of the -- the booklet that has to be sent to the public on the constitutional amendment that was passed out of both Houses herer on the neW effective dates. PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any further discussion? If notr Senator Karpiel moves the adoption of Senate Joint Resolution No. 170. All those in favor, vote Aye. Opposed, vote No. The voting is open. Have a11 voted who Wish? Have all voted Who Wish? ! ' Have a1l voted Who wish? Take the record . 0n that questionz there are 57 voting Yes, no voting No, no voting Present. Senate Joint Resclution No. 170 is adopted. Resoluticnsy Madam Secretary. ACTING SECRETARY HAWKER: Senate Resolution 1551, offered by Senator Dillard . Senate Resolutions 1552, 1553: 1554: 1555, 1556, 1557, 1558: a1l by Senator Hall and all Members. And Senate -- Senate Resolution 1559, offered by Senator Welch. And Senate Joint Resolution 172, offered by Senator Karpiel. 5 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27y 1994 They are a11 congratulatory.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Consent Calendar . It is the intention of the Chair to go to Secretary's Desk, Resolutions, and that's on page 8. And we will begin with Senate Resolution 1011r by Senator Karpiel, and we Will go right through a11 the resolutions. On page 8 - the bottom of page 8 - we will begin with Senate Resolution 1011 . Senator Karpiel. Madam Secretaryr would you please read the resolution.

ACTING SECRETARY HAWKER

Senate Resolution 1011 . There are no cofrlmittee or Floor amendments .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON ) Senator Karpiel.

SENATOR KARPIEL

Oh , thank you , Mr . President. I didn 't know the Secretary had read it already . I 'm sorry . Senate Resolution 1011 requests the Governor, the General Assembly and the Members of the I1linois Congressional Delegation to seek from the administrator of the USEPA a classification correction of the Chicago Ozone Non-Attainment Area , based on a correction of the known significant error -- error at the Chiwaukee Prairie Air Quality Monitoring Station . Evidently when they were monitoring the air quality , the station at Chiwaukee Station had faulty data - it ls known that there was faulty data - and yet they used that data and have called the Chicago Metropolitan Area a severe -- have a severe czone problemr instead of serious, whlch changes the way in which We have to come into compliance. It is a onerous problem for buslness, for manufacturing . It 's it 's unfalr, in that the data was faulty y and we 're simply asking them to change Illinois ' status fron severe to serious.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER : (SENATOR WATSON) Is there further discussion? First of a1l , 1et 's -- 1et 's 6 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 have some order and give the Lady our attentlcn. Senator Fawell, fufther diSCLSSiOR.

SENATOR FAWELL

i Thank you -- thank you very much. This is a -- a matter that E is of grave inportance to my district and. to al1 the collar counties. If we don't do this, this is going to mean that we are going to have to have that onerous trip reduction, which means that twenty-five percent of the people who commute to work in cars and twenty-five percent of the pecple in Chicago who commute in I cars - because those who are presently -- using mass transportation will not be counted in this survey - must some way or another get to work either by walking , bikes, more mass transportation or by doubling up. My Chamber has met, and they estimate that it is going to cost the County of Dupage approximately two and a half million dollars in buslness costs in order to enforce the present law. In Chicagoz you are qoing to have to increase your mass transportatlon, and I don't know where in the world you think you 're going to get the money , because the federal government is not about to give you any more to do that . The craztest part about this whole thing is that the State of Illinots is in compliance. Collar counties have been in compliance - have not been out of compliance for over three years - and the City of Chicago is also in conpliance noW . We have not had one single day , one slngle hour, in khe entire year, when we are out of compliancer and yet, here again go the feds telling us, in their great Wisdom, that we must do a1l thls and spend sixty-three million dollars of road funds to put thls program in place . This is crazy . We ought to tell them no , and we oughk t.o send this message loud and clear to Washington. Thank ycu.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Klemm.

SENATOR KLEMM

7 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ; REGULAR SESSION ' SENATE TRANSCRIPT 126th Legislative Day MaX 27: 1994 Thank you, Mr. President. I guess this is an illustration of the fuzzy thinking We sometimes get from Washington. Here businesses a11 over the State of Illinoisr across our country, are trying to do thelr job of trying to cut down pollution and -- and trip reduction, and yet, we end up then having a federal mandater if you will, with erroneous data, With a test station that's in a swampy area that has methane gas being emitted from it, that's being used as part of the study. We have a testing station in my conmunity that didn't have one day, I'n told, of pollution, and yet welre asking the businesses, the hospitals...

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Excuse me# Senator. Senator Klemm, just a moment. The -- the roar in here is just incredible. This is not the House of Representatives. This is the Illinois Senate, and We would like to have some order. Senator Klemm , you may proceed. Thank you.

SENATOR KLEMM

! Thank you. And there should be a roar agalnst this proposal that the federal governnent is trying to do to us. I thlnk if ë we 're ever going to stand up and say, ''Let's have fairness and ! equity about the testing results. We'l1 meet our obligation, but 1 to take millions of dollars from the economy to create jobs and opportunity for our people for something that isn't necessary is I i wrong.'' We should have fifty-nine votes on thls resolutiony and I stand in its total support .

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there further discussion? Senator Karpiel, to close.

SENATOR KARPIEL

Well, thank you. :: thlnk b0th Senator Pawell and Senator Klem said it -- said it perfectly eorrectly . Again we have the federal governnent telling us exactly what we have to do and how we have to do it. It 's one thing to say that we should clean up the environment cr our air quality or something like that: but 8 ! STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 they have to go further and -- and not only mandate it, but mandate it ln a certain way. Again, it's the federal governnent, and in this case, even worse, because they're using faulty data, and they know that. I've had meetings With them, With our director of the IEPA. They admit that and still they don't Want to back off from it. I certainly hope for your -- ask for your support on this resolution. PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel noves the adoption of Senate Resolution 1011. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 1223. Senator DeAngells . Madam Secretary r please read the resolution . ACTING SECRETARY HAWKER : Senate Resclution 1223, offered by Senator DeAngelis . The Committee an Executive adopted one conlmittee amendment. There are no Floor amendments. PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis . SENATOR DeANGELIS : Thank your Mr. President. Senate Resolution 1223 does two things: It reaffirns otlr policy of veterans' preference, and secondly , requires CMS to report by September the results of that policy . PRESIDING OFFICER : (SENATOR WATSON) Is there any discussion? Seeing none, Senator DeAngelis moves the adoption of Senate Resolution 1223. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adapted. Senator Petka , for what purpose do you rise? Thank you . On Senate Resolution 1259. Senator O 'Malley . Please read the resolution , Madam Secretary . ACTING SECRETARY HAWKER : Senate Resolution 1259y offered by Senator O 'Malley . 9 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27r 1994 There are no committee or Floor amendments.

PRESIDING OFPICER (SENATOR WATSON)

PRESIDING OFPICER: (SENATOR WATSON) I Senator O'Malley. SENATOR O'MALLEY: .. I I Thank your Mr. Presidents Members of tbe Senate. Senate Resolution 1259 requests DCCA and Energy and Natural Resources to I develop a strategy for stimulating economic development and job opportunities in Illinois through processing, marketing, and usinç ! recycled materials. It also requests DCCA and ENR to Work With ; other State agencies that -- that may have an interest or Wish to participate in the development of such strategies. I think We ; ! should consider this as a -- an extension of the Governor s Advisory Task Eorce on Develcping Markets for Recyclables, khlch . completed iks report ln 1993. Be happy to answer any questlons you may have. I

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Welch. I SENATOR WELCH: I Thank you, Mr. President. This -- thls resolution is real familiar to me. In factr I had a similar one up yesterday in the 1 . Executive Committee: and a1l the Republicans argued against it that DCCA and Department of Energy and Natural Resources are doing enough - they're doin: a great job - they're working hard together I - they are cooperatinq, and we don't need my resolution. And then Senator OlMalley comes up With his resolution, and suddenly they're not cooperating as much. ïou know, we had problems earlier in the year with -- wlth bill-jacking, and now We have resolution-jacking. I'm not sure what's in these crime bills coming over from the House, but I -- I don'k know if this is gcing to be in there as a -- as a crime or not, but I'm beginning to wonder if it shouldn't be. Thank you.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 10 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27r 1994 Further discussion? Seeing none, Senator O'Malley, to close. !

SENATOR O'MALLEY

Again, I would appreciate your support on this. And as to senator Welch, I don't know what the jacking was that was goinç on here, but as you know: si.nce I've been in the Senater I've been very interested in these issues, and this is only appropriate that I -- that I be pushlng this. And I know you, too, are interested in the issue, and I appreciate your support. Thank you.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senatcr O'Malley moves that Senate Resolution 1259 be adopted. ! Those in favor, say Aye. Opposed, Nay . The Ayes have itr and the resolution is adopted. Senate Resolution 1279. Senator Petka. Madam Secretary, please read the resolution. ACTING SECRETARY EAWKER: 1 Senate Resolution 1279, offered by Senator Petka. There are no committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka.

SENATOR PETKA

Thank you, Mr. Presldent and Members of the Senate. Senate Resolution 1279 is a resolution which attempts once again, in my opinion, to define what has already been defined in the Constitution, but a reassertion of that. Our Federal Constitution in its Tenth Amendment provides that a11 those powers not specifically delegated to the United States by the Constitution, nor prohibited to it by the states, are reserved to the states respectively, or to the people. It has becone apparent, Mr. President, Members of the Senate, over the last millennium -- or last one hundred years - last century - that the constituticnal form of government in khis naticn has been turned on its ear. The states at one time were the sovereign, with the federal government being the agent. It is very apparent, based upon resolutions that 11 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Leglslative Day May 27, 1994 E . have been offered earlier today, that the federal government can 1 more and more treat states as -- as its agent, and power is being removed from the states. I think that it is time, really, that legislatures throughout this natton reaffirn and reclain what's riqhtfully theirs, and that is that those unfunded mandatesz those excessive regulations which are clearly unconstitutional, Which were never given to the federal government, be retained and reserved by the states. And so I'm asking here on May 27' 1994, to reassert our Staee sovereignty under the Tenth Amendment, and I ask for a favorable roll call. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Welch. SENATOR WELCH: I had a question of the sponsor. PRESIDING OFFICER: (SENATOR WATSON) The sponsor will yield, Senator -- Welch. SENATOR WELCH: Senator Petka, Would this allow individual states to refuse to comply With federal laws that they disagree With? PRESIDING OFEICER: (SENATOR WATSON) Senator Petka. SENATOR PETKA : Senator, we're not going to relitigate the Civil War, if you're talking about absolute state sovereignty, but what we are suggestin: to the -- the federal government ls that they -- they refrain and are prohibited from passlng on to the states unconstitutional federal mandates. Under a Supreme Court decisionr siry in 1992, New 7ork versus United States, the Supreme Court held that Congress simply does no* have the pcwer to commandeer the legislative and regulatory process of the State. In other words, that it simply lacks the authority under the Constitution to impose federal regulations and rules on the State i 12 j l ; STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRTPT ! 126th Legislative Day May 27y 1994 regulatory process. PRESIDING OFFICER: (SENATOR WATSON) Furkher discussion? Senator Welch. SENATOR WELCH: Well, this sounds to me like the same argument John C. Calhoun made in 1832, which was that -- he wanted to nullify federal laws that the states disagreed with. And it seems to me that Wedre really going back a long way to come up with something like this. I don't -- I'm not sure why *e want to -- want to do this. It -- saying that the governmenk should follow the Tenth Amendment is pretty meaningless. I mean, theybre golng to do What they're going to do, so I -- I don'k understand the point of this resolution uhatsoever. I guess it's like chicken soup. It doesn't hurt, so... PRESIDING OFFICER: (SENATOR WATSON) It's the intentlon of the Chair to take roll call on this particular resolution, Senator Welch. Senator Petka . Further discussion? Excuse me . Senatcr Geo-Karls. SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, under our Constitution of the United States, the powers not delegated the United States should be reserved to the states, because that's what it says in words -- to that effect. I don't think there's anything wrong with this resolution. I don't think itfs fair for the federal government to impose sanctions cn us if we don't Wear our seat belts, or to impose sanctlons on us for not doing What they may tbink erroneously for us to do . So I am in support of this resolution. I think we should assert our State's rights. PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Seeing none, Senator Petka, to close. SENATOR PETKA : Thank you again, Mr. Presidentg Members of the Senate. I 13 I I STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 reecho the -- the words of the previous speaker, and I do think that the state and legislative bodies are, in facty sovereigns; they Were made such by the people When our ccnstiEutional republic Was founded. And I thlnk that ik is, quite frankly, time to ; reclaim what is.rightfully ours, and therefore, I ask for a favorable roll call. I :

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Petka noves the adoptlon of Senate Resolution 1279. A11 those in favor, vote Aye. Opposed, vote No. The votlng is open. Have al1 voted who wish? Have a11 voted who wish? Have al1 voted Who wish? Take the record. On that question, there are ! 40 voting Yes, 15 voting No, no voting Present. On that question, there -- excuse me. The resolution is adopted. With leave of the Bcdy, We will return to Senate Resolution 1282. Leave is granted. I Senate Resolution 1295. Senator Cronin. Madam Secretary, please read the resolution.

ACTING SECRETARY HAWKER

Senate Resolution 1295, offered by Senator Cronin. There are no committee or Floor amendments.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Cronin. i I

SENATOR CRONIN

Thank you, Mr. Speaker, Ladies and Gentlemen of the Senate. Mr. President, excuse me. Senate Resolution 1295 urges Congress and the President to ensure that sufficient resources are made available to assure a coordinatedr balanced approach toward addressing drugs and violent crime. It resolves that the General Assembly oppose the elinination of funding fcr the Edward Byrne Memorial Formula Grant Program and urges Congress and the President to restore the funds to at least the Federal Fiscal Year 1994. I ask for its favorable adoption.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 14 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 Is there any discussion? Any discussion? Seelng none, Senator Cronin noves the adoption of Senate Resolution 1295. those in favory say Aye. Opposed, Nay. The Ayes have lt, and the question <sic> is adcpted. Senate Resolution 1392. Senator de1 Valle. .Read the resolution, Madam Secretary .

ACTING SECRETARY HAWKER

Senate Resolution 1392, offered by Senator de1 Valle. There are no committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator de1 Valle. SENATOR dEL VALLE: Thank your Mr. President. This resolution urges the Chicago Board of Education to work with the Chicago Public Building Commlsslon to establish procedures for reporting on the progress of projects executed in the capital development plan of the Bcard of Educatlon. It also urges the Board of Education to update that capital development plan that was established back in 1990. Due to the findings of the -- of an audit ccnducted by the School Finance Authority, there is a need to get the Publlc Building Commission and the Board of Education to move quicker in construction and renovation of schools, and this resolution urges them to do so.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Any discussion? Seeing none, Senator de1 Valle moves the adoptlon of Senate Resoluticn 1392. Those in favor, say Aye. Opposed, Nay. The Ayes have ity and the resolution is adopted. Senate Resolution 1429. Senator DeAngelis. Madam Secretary, please read the resolution.

ACTING SECRETARY HAWKER

Senate Resolution 1429, offered by Senator DeAngelis. The Committee on Executive adopted one committee amendment. There are no Flocr amendments. 15 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator DeAngelis. E I SENATOR DeANGELIS: Thank you, Mr. President. Senate Resolution 1429 ls a resolubion directed at the President proclaiming our distaste and j dlslike for the cutting of mass transit funds by twenty-five percent. You know, it's really ironic that in government, frequently it finds itself in dichotomous positions. For instance: here's a pack of cigarettes that says on here that if you smoke, it's going to kill you. And yet, this is the most highly subsidized product by the Department of Agriculture. Here we have -- a few ninutes ago, Senator Karpiel and Senator Klemm, I think, is going to -- perhaps to deliver thls message, but itds, in fact, guilty of doing the very same thing, by urging us to reduce pollution and then they cut the method by which We ean do it. I'd like to defer to Senatcr Klemm now to make a few conments on that.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Mlemm.

SENATOR KLEMM

Well, thank you, Mr. President. I -- I -- this: again, I think illustrates some of the -- the craziness webve got. We just passed Senator Karpiel's resolution that -- that tried to put some common sense in trylng to help reduce some of the pcllution by reducing drivers in their trip reduction, and that's wonderful. Now .we end up With the administration in Washington saying that, now that we got you out of the cars, we're going to reduce now the transit -- mass transit subsidy by twenty-five percent. In other words, you can't use your cars, and we don 't uant you to use nass transportation. So what do we do? We walk or use bicycles. Nowr Ladies and Gentlemen, that's insane. We either have to get people out of their ears, which is commendable, and get them in mass 16 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 transportation if it's available, but you don't end up reducing the federal budget when Illinoisr and Chicago particularly, is the third largest recipient of nass transportation funds in the United States. Trying to reduce that? What are We tryinç to do? PuE businesies and people out of work? Well, this an example of that crazy thinking that we get from Washington that we should stop.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator DeAngelis, to close. Senator DeAngelis moves the adoption of Senate Resolutton 1429. Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 1455. Madam Secretary, would you please read the resolution.

ACTING SECRETARY HAWKER

Senate Resolution 1455, offered by Senator Dillard. There are no committee or Floor amendments reported.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Dillard.

SENATOR DILLARD

Thank you, Mr. President, Ladies and Gentlenen of the Senate. This resolution memorializes and asks the Illinois Junior Science Academy to reconsider its decision to ban the Avery Coonley School in Downers Grove, Illinoisy which has won a State Science Fair competition four years in a row . It bans them frcm competing, because they have won so often and excelled in science and mathematics so Well. It's been the subject of a variety of editorials from the Chicago Sun-Times, the Trtbune in Chicagc has done a couple of major pieces on it, and it's attracted a lot of attentiony including international attention - from the British Broadcasting System, the Canadlan Broadcasting System , saying that this decision was urong. It sends a bad message to our young people that if you excel in science or whatever academic endeavor, 17 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27r 1994 that you really should not ccmpete anymore because you 're too gccd . And What the resolution does is it asks them to reconsider their decision - this group of eight hundred science teachers throughout Illinois - and see lf there's a neW way not only to . let this Avery Coonley School - an exceptional school - win, but also encourage more students throughout the State of Illinois to ( compete in science fairs and use their intellectual skillsy so that we can compete internationally in the field of ' science and mathematics. i PRESIDING OFFICER: (SENATOR WATSON) Is there any discussion? Seeing none, Senator Dillard moves the adoption of Senate Resolution 1455. Those in favor, say Aye. ! Opposed, Nay. And the Ayes have itr and ehe resolution is adopted. Senate Resolution 1456. Senator Butler. Madam Secretary, please read the resolution. ACTTNG SECRETARY HAWKER: Senate Resolution 1456, offered by Senator Butler. There are no Floor -- or, committee or Floor amendmenbs reported. PRESIDING OFFICER: (SENATOR WATSON) Senator Butler. SENATOR BUTLER: Thank you, Mr. President. Ladies and Gentlemenr Senate Resolution 1456 asks for two things. First, it urges that a third airport be constructed in the Chicago area as socn as possible for the obvious reasons that at some point in the very near futurer additional capacity is going to be needed to serve the Chicago market -- expanding market. Secondly, it asks that no additional runways be constructed at O'Hare for the simple reason that -- for two reasons, really. One is that the best brains in the business have said that even uith the construction of neW runways at O'Hare, the -- the -- the combined capacity or lncreased capacity will not be sufficient; thereforey a third airport is inevitable. 18 STATE OF ILLINOIS 1 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27y 1994 Second reason I think that runways should be out of the question is that it is a basic questlon of quality of life for an estimated three hundred thousand people out there. As you know, there are - - those khree hundred thousand people are lmpaeted right now. It I is estimated that with Ehe construction of a new runwayy areas that did not have the problem of noise and pollution in the past j would noW experience a whole new change in -- in the quality of their life, and it's estimated that some hundred thousand people ' will be impacted. If we don't buy those numbers - buy half of them - and the question is, what should We do to help two hundred thousand people so their life is nct made any -- any worse. It is a bad situation out there, as you know. People -- there are hundreds of thousands of peaple livlng literally sealed in their homes. Secondly, it's impossible for them to enjoy their own property - to have a barbeeue in the backyard. Third, those of you who mlght visit that area, kake a look at what -- the grime on homes, and -- or too often the stench of exhaust hangs in the alr. : So I don't think we should do anything that would make that any worse. And this resolutlon says we dre going to recognlze the l quality of life, the impact on the property values in this area, and we 're urging that no additional runways be constructed. I thlnk this is a -- a questicn of our recognition of the quality of ! life that a11 of us so desperately seek, and T think this Bcdy should go on record as saying we will not make it any worse in the I O 'Hare area, and that we will urge the rapid construction of a third airport to relieve not only the market conditions, but also to help those people who now live in such dire circumstances. I would urge your Aye vote.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Hendon.

SENATOR HENDON

Thank you, Mr. President. Will the sponsor yield for a 19 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Leglslative Day May 27r 1994 question? PRESIDING OFFICER: (SENATOR WATSON) Yes, he will, Senator Hendcn. SENATOR HENDON: . Senator Butler, has there been any location for this third airport designatedz cr do you have one in mind? PRESIDING OFFICER: (SENATOR WATSON) Senator Butler. SENATOR BUTLER: Well, to the latter part of your question, I don't have one in mind, but it generally is considered that the Peotone area looks most promising. But -- the answer to that is, it has not been firmly established as yet. PRESIDING OFFICER: (SENATOR WATSON) Senator Hendon. SENATOR HENDON: Has -- has there been any study, that you know of, of the effects that a third airport or the Peotone site would have on -- on Midway Airport? PRESIDING OFFICER: (SENATOR WATSON) Senator Butler. SENATOR BUTLER: All of the studies I've seen assume that Midway Airport would - - Wculd continue as a -- as a third -- as a reliever airport, much as it is ncw . PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Welch. SENATOR WELCH : .v. lmicrophone cutoffl.a.sponsor. Question of the sponsor. PRESIDING OFFICER: (SENATOR WATSON) Sponsor will yield, Senator Welch. SENATOR WELCH: 20 STATE OF TLLTNOTS 88TH GENERAL ASSEMBLY l REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 ( Senator -- Senator Butlerp Who are you directing this resolution ko?

PRESIDING OPFICER (SENATOR WATSON)

PRESIDING OPFICER: (SENATOR WATSON) Senator Butler.

SENATOR BUTLER

We're asking, as a matter of record, that the Senate publicly ! declares its intentions or its support of a third airpcrt, and also aqainst additional construction of runways out at O'Hare.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Welch.

SENATOR WELCH

Well, What happens to this resolution once it gets passed? I ! mean, does it sit in Jim Harry's office, or do we hand 1e to Pate Philip and say, ''Pate, can you read this?'' or do you go -- brlng it down to Jim Edgar and hand it to him? Those are the two folks ' who have the most to do with a third airport or extra runways, you know. Why don't you just give them a phone call; We don't have to go through this resolutlon BS and cost the taxpayers noney.

PRESTDTNG OFFICER (SENATOR WATSON)

PRESTDTNG OFFICER: (SENATOR WATSON) Senator Butler.

SENATOR BUTLER

Well, I assure you, everybody that we can think of Will be sent a copy of this and, Senator, since we generate tons of paperwork around here all the time, another two pounds is nct going to make a big difference.

PRESIDING OPFICER (SENATOR WATSON)

PRESIDING OPFICER: (SENATOR WATSON) Purther discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Mr. President. You know, I'm a little concerned about some of the questions, because there has been a process since 1986, a study which concluded, one, that a third airport was necessary. And that answers the question of whether Midway wculd ! 21 STATE OF ILLTNOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 remain viable. Tn fact, I think Midway would become even more viable. The second one is the question of O'Hare. You know, yesterday in committee pointed out that you could have two choices. Like the person that gains weight, you can go out and buy bigger shorts, or you.can try to slim down a little bit. Now, you can't slim down without a third airport. And if you go out and expand those runways, I'm not so eertain you 're solving the problem, because, you know, ycu could put a 1ot of planes in the air. They go round and round, and you could hold them there - the petroleum people love that but at some point they got to come down; at some point they take off. And therein lies the problem of more runways, because it is not an issue of ground space; it's an lssue of air spaee. Now, let me point out to you, I mean -- what I get further dismayed about is there seems to be a 1ot of opposltion from pecple who think that we don't need this. Well, let me just tell you: if we dldn't need it# why did Chicago, fact, submit a site of their own? Was it a boondoggle public projectr or was there really a need? The reason that Chicago is the ''City that Works'' and ls the preeminent city khat is, is only one. It doesn't have better people. It's got gocd people; I've got three kids that live in it. Doesn't have any better facilities. Thereus a 1ot of places. It is, in fact, the transportation center of the vorld. And if were notr Chicago would be another Detroit, or it would have been another Cleveland . And frankly, for those who may have some distress regarding that need, please look at khat transpcrtation has done for the economy of the State of Illinois. And I got to tell you, the longer we wait to do this and that's what this resolution is saying: let's get on With the job from the public policy standpoint - the more wedre going to lose the hubbing operations, as we are losing every day. I would urge support for this fine resolution.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) 22 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27r 1994 Further discussion? Senator Jones. ;

SENATOR JONES

Thank you, Mr. President. Would the sponsor yield?

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Yes, the sponsor will yield, Senator Jones. E SENATOR JONES: ! Senator Butler, could you tell me who the proponents of and supporters are of this resolution? I

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Butler.

SENATOR BUTLER

Do you nean senators, or do you mean... Probably three or four hundred thousand people - a11 of whom are voters, incidentally. PRESIDING OFFICER: (SENATOR WATSON) I : Further discussion? Senator Jones.

SENATOR JONES

Well, could you name them? 1 I

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Butler.

SENATOR BUTLER

.. . tmicrophone cutoffl...begin With the John Smith, Pete Smith - - I'm sorry . I misunderstood your first questlon. The proponents are, of course, the Suburban O 'Hare Commission, who now I represents about six hundred thousand people in the greater O 'Hare i area, and also IDOT is in support of it.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Senator Jones.

SENATOR JONES

Well, in your opening renarks in your resolution, you said for the Chicago Metropolitan Area, and I notice that the Chicago Chamber of Commerce is opposed to it. The City of Chicago is opposed to it. And there are many, many others who would be i 23 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT i 126th Legislative Day May 27r 1994 I impacted by such that are opposed to this resolution. And I E listening to your colleagues speak about Chicago being a premier city, Why I think you should convince your Leader on that side of the aisle and also the Governor on the Second Flcor that, sure, Chicago is a premier city. But by the same token, by the actions , taken not only by this resclution but on al1 other related matters as it relate to conmerce and industry in the City of Chicago that the rest of the State feeds off of, when the proposed airport Was made forward to deal with this problem , I noticed that each of you on that side of the aisle all of a sudden got lockjaw. Senator Hendon asked -- asked about where is the proposed airport going to be. The Governor has indicated he plans to spend tvo million dollars to do a study. Now youdre not in sync with the person on ' the Second Floorr Which is nothing unusual for your side of the aisley and I understand that. But if the industry and the community that's going to be impacted by a third airport, then I : would think that they should have a say as to where their airport should go. As it stands right nok r I don't think the -- the residents of the northwest suburbs should select the third airport for the south suburbs, and I think the City of Chicago, where everyone comes, be it the parksr the theaters, the museums, the restaurants, the shopping area, they should have a say-so . But, no, you want to try and dictate. And I noticed that when the issue was raised before for the southeast side of the City of Chicago, where were you then, when you were concerned about industry tn the City of Chicago - Chicago being the hub of the world for transportation? So if you are really sincere and genuines I think you would make a call to the Second Floor, tell the Governor that we don't need that two million dollars for a study, beeause you have already decided by your resolution that it's not needed; that it should be constructed right away. This resolution should be defeated, and if you -- and if you want to 24 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY I REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27# 1994 have real input from those that are impactedr I would think the residents of the City of Chicago, the business ccmmunity of the I City of Chicago, those who are -- are concerned about O 'Hare Airport, should be included in anything -- decisions made as relate to a third airport. So I urge the defeat of Senate . Resolution 1456.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Carroll.

SENATOR CARROLL

Thank you, Mr. Presidenty Members of the Senate. I'd like to rise also in opposition. And, Senator DeAngelis, when you raised the question yesterday, I think the chairman of the committee gave you the appropriate answer. I believe she said she would get larger shorts and -- and that may be sufficient to answer that part of the question. But really, there's tWo issues here. 0ne is a third airport - something I sponsored here in the Senate and did not see any Repùblican votes for when we tried to pass a third airport and the test monies for a third airport and the study monies for a third airport. Obvlously, I think that's a good idea. The other is, what do we do about the problem at O 'Hare? And I think you have, on purpose, merged the two. There is no question, be it minutes or hours, that O'Hare is either by one study, the most delays airport in the world; by the second study, the second most delayed airport in the world. Not something we should be proud of. You talk about quality of life, you talk about fuel, you talk about fumes - a hundred and five nillicn dollars of fuel is wasted per year over the skies of O 'Hare because of delays in getting into this airport. The extra runway is not for additional flights. It's to save our environment, to give safety to people, to allow planes to land in inclement weather, and save a hundred and five million dollars of fuel spewing on the people of the northwest side and northwest suburbs 25 STATE OF ILLINOIS I 88TH GENERAL ASSEMBLY ' REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27r 1994 because of the circling, waitlng to get in. ?ou want a third airporty that's one thing; but to make safety a problen in the skies around Chicago, to waste a hundred and five million dollars of fuel, is absolutely Wrong. And as long as the two issues are I together, we shculd defeat the resolution.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? Seeing none, Senator Butler, to close. 5 S4NATOR BUTLER: Thank you: Mr. President. Let ne quickly take each point one ' at a time. senator Jones, we,re not -- there1s nothing in this ! , memo that says where that airport will be located. Wedre not ! dictating anything. All We're asking for is to move ahead with E the process. It seems to me that the two million dollars allocated for a study is really to begin the next phase of the ! study. We aren't just groping around still looking for a site. It seems to me, from all Ifve read, that they pretty much have -- p it -- it is fairly well decided - I guess is a better Way to say it - where it will be. Secondlyy I'm not surprised at the ' business opposition. It disappoints me as a businessman that khey Would put so-called commerce ahead of a1l those hundreds of thousands of people. As to *he delay factor, the current situation - what everybody is quoting - are -- are statistics from ( two and three years ago. The delay factor at O'Hare right noW is down sixty percent. Secondly, keep in mind that much of the I delaying noW is caused by -- by problems in other parts of the system . That's nct to say there is not delay ouk there, but the question should be whether or not we will settle that delay prablem by impacting nore people . And the other question about the hundred and five million dollars for fuel -- and that's the thing that gripes everybody. First of all, we're -- there is -- we place that above the -- the quality of life and the value of 26 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27p 1994 property for those hundred thousand people out there. A hundred and five million dollars versus three hundred thousand people. Pretty easy to nake that kind of a comparison, but let me tell your those people living sealed in their homes out there do not ! . want to have it any worse than it is today . So in the name of those three hundred thousand peopler may I urge you to vote Yes on this, beeause that situation is going Eo get worse. We need that I third airport and the delay now is really to satisfy some other interests, rather than the interests of the traveler and the interests of the people who live in that area. So I would urge your support. ! PRESIDING OFFICER: (SENATOR WATSON) Senator Butler noves the adoption of Senate Resolution 1456. I A1l those in favcr, vote Aye. Opposedr vote No. The voting is open. Have all voted who wish? Have a11 voted who Wish? Have al1 I voted who wish? Take the record. On that question, there are 33 voting Yes, 24 voting No, 1 voting Present. Senate Resolution 1456 is adopted. Senator Trotter, for what purpose do you rise? SENATOR TROTTER: Point of personal prlvilege, Mr. President. ! PRESIDING OFFICER: (SENATOR WATSON) State ycur pcint. SENATOR TROTTER: I'd llke to take this opportunity to introduce to this Body the fifth-grade class from Farragut Elementary School from SE. Louis, Missourl, who's here watching our actions today. Will you please honor them? PRESIDING OFFICER: (SENATOR WATSON) We always welcome Cardinal fans here in Springfield . Will our guests in the gallery please rise. Welcome to Springfield. I Senator Topinkar for what purpose do you rise? SENATOR TOPINKA: 27 STATE OF ILLINOIS l 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 Mr. President, a point of personal privilege. For those of our -- us here who are familiar with Bob Waters, who is the lobbyist for Common Cause and who has been very, very much involved in al1 of our work on the procurement issue: and really doing a very, very good job. The man is -- is not paid for his efforts. He does this on a volunteer basis, puts in a great deal of time just for the common good. Yesterday he was taken by : I ambulance to St. John's Hospital with chest pains. The man has had two heart attacks already. He is significantly overwrought at what is going on over the prccurement issue in the House. He did spend the night at St. Johnds. He has been released today. They feel it's a warning, but he is okay. There Was some concern about that. At the same time, Representative Bill Black was taken to the hospital as well, with high blood pressurer which I thlnk is saying something to this -- khls Legislature that there 's something very bad going on in the Illinois House khat -- that creates such a tension, such a stress, such polarities, such l ugliness in the political systemy that We're literally making people sick and unable to carry out their functions. So if anybody wants to send get-well cards to either of these two gentlemen, I think they would be in order. PRESIDING OFFICER: (SENATOR WATSON) ; Thank you. Senator Donahue: for what purpose do you rise?

SENATOR DONAHUE

Well, thank you, Mr. President. Simply for a point of an announcement, Please.

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Well, make your announcement.

SENATOR DONAHUE

The Senate Appropriations Commlttee will meet immediately in Room 212 for the subject matter of House Bill 4. And it should not take very long at all. I'd say no more than ten minutes. 28 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day Xay 27r 1994

PRESIDING OFFICER (SENATOR WATSON)

PRESIDING OFFICER: (SENATOR WATSON) Al1 right. It's the intentlon of the Chair for us to recess to the call of the Chair for the purposes of the Appropriations Committee meeting in Room 212. Probably fifteen to thirty ' minutes. Senator Maitland .says five minutes. So we Will be in a holding pattern for the -- for the next several minutes, until the Appropriation Committee dces their business. Senate -- Senate stands in recess. (SENATE STANDS IN RECESS) ' ( (SENATE RECONVENES)

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) The Senate Will reconvene. Committee Reports.

ACTING SECRETARY HAWKER

Senator Weaver, Chairnan of the Conmittee on Rules, reports that the following Legislative Measures have been assigned to eommittees: Conference Committee Report No. l to House Bill 4 Be Approved for Consideration. '

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Resolutions. !

ACTING SECRETARY HAWKER

Senate Resolution 1560, offered by Senators Rea, O'Daniel, Ralph Dunn and Woodyard. It is substantlve. And Senate Resolution 1561, offered by Senator Bowles. It is congratulatory.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Consent Calendar. We'l1 now proceed to the Order of 29 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 Resolutions Consent Calendar. With leave of the Body, a1l those that are read in today will be added to the Consent Calendar. Mr. - - Madam Secretaryr have there been any objections filed to any of the resolutions on the Consent Calendar? ACTING SECRETARY HAWKERI There have been no objections filed, Madam President.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Any discussicn? If not, the questicn is, shall the resolutions on the Consent Calendar be adopted. A11 those in favor, say Aye. Opposed, Nay. The Ayes have itr and the motion carries, and the resolutions are adopted. We will now proceed to the Order of Conference Committee Reports, and the Supplemental Calendar has been distributed. On that order of business is House Bill 4 -- Conference Committee Reporty House Bill 4. Madam Secretary, do you have on file a Conference Committee Report on House Bill 4?

ACTING SECRETARY HAWKER

First Conference Committee Report on Hcuse Bill 4.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Chair recognizes Senator Maitland. Senator Maitlandy on House Bill 4.

SENATOR MAITLAND

Thank you very much, Madam Presldent: Members of the Senate. This is the Conference Committee Repcrt on -- on -- on House Bill 4, and it -- it does two things. It transfers 4.2 million in General Revenue fron various operational line items in the amount of approxlmately 2.5 millicn, in grants of 1.6 lines, to adoption services in order to cover subsidy payments to adoptive parents. It also requests 17.5 million in federal appropriation authority to accommodate higher than anticipated growth in the number of institutional group home placements for FY'94. In addition to that, it also transfers two hundred eleven thousand in General 30 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 Revenue from various operational lines that are expected to lapse funds in FY '94, and transfers that amount to the bonus payments which are to be made to Persian Gulf veterans. This was a shortfall. We believe that ought to be paid. The money is there, we believe, to do it. So I would -- would move that the Senate adopt the conference committee -- First Conference Commtttee Report on House Bill 4. PRESIDING OFFICER: (SENATOR DONAHUE) ' Senator -- or -- Senator -- WICS requests permission to ' videotape . Is leave granted? Leave is granted. Is there any discussion on House Bill 47 Senator Tom Dunn. SENATOR T . DUNN: I Thank you, Madam President. A question of the spcnsor, if I may. i

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Dunn.

SENATOR T. DUNN

Senator Maitland, I know you're as devoted to veterans' issues I as anybody in -- in the Body. Part of this deals wtth funding Gulf War veterans their bonus that we al1 approved some time ago. I noticed that there Was some contributions by different veterans' homes in the State, and specifically seventeen thousand dollars i from Manteno. It's my understanding that these transfers Will not interfere With services to Veterans. Is that a fair statement to I you? PRESIDING OFFICER: (SENATOR DONAHUE) 7 Senator Maitland .

SENATOR MAITLAND

i Thank you, Madam President. Senator Dunn, that is absolutely correct. We had the same concerns over here. Wanted tc make sure l that we were using lapsed money that would not be spent, it would not be taken aWay from veterans. Yes, sir. I ' ! 31 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27r 1994 PRESIDING OFFICER: (SENATOR DONAHUE) Senator Dunn. SENATOR T . DUNN: And one more question: Do we have assurances that this money will be used fcr Gulf War veterans? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland. SENATOR MAITLAND: Senator Dunn, I believe, for the most part, that's -- that is the case, but as you know, they are still receiving bonus requests . from previous wars as well. There may be some of those in in there as Well. Perhaps there might be one or two from Korea, maybe Vietnam . Those are still ongoing. Yes, sir. PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator del Valle. SENATOR dEL VALLE: Thank you, Madan Chair. Question for the sponsor. PRESIDING OFFICER: (SENATOR DONAHUE) He indicates he rll yield, Senator de1 Valle. SENATOR dEL VALLE: Senator Maitland, on the transfer from the children 's personal and physical maintenance line, it's a total of two hundred and flfty thousand dollars. Is that correct? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland. SEHATOR MAITLAND: That is correck, sir. PRESIDING OFFICER: (SENATOR DONAHUE) Senator de1 Valle. SENATOR dEL VALLE: Could you explain to us or give us the rationale given by the Departnent to you for this transfer? -- really don 't 32 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day MaY 1994 understand how we could not expend money that's budgeted for clothlng and shoes, even though the caseloads have increased dramatically. just don't understand how that happened. Could you tell us how it happened?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

SENATOR MAITLAND

Senatory it's my understanding that -- that the children's personal and physical maintenance lapse is due to lower than anticipated spending on clothing, shoes and other necessities in FY'94.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator del Valle. SENATOR dEL VALLE: I understand that the money has not been spent. What saying is, I don't know why, qiven the lncrease in the caseload, particularly of children who are in need of -- of having these basic necessities met. And so what I'd like to do is go on record as requesting from DCFS a written explanation as to why this occurred, and what will they do next year to make sure that doesn't happen.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland .

SENATOR MAITLAND

Well: Senator, just -- just to -- to note, rematntng funds are sufficient to provide these services to DCFS children and famllies, as needed for the balance of the fiscal year. That's what they have told us, and I -- we thought perhaps they had shared that with -- with your staff as well.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Smith.

SENATOR SMITH

STATE OE ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27: 1994 Thank you, Madam Chairman and Ladies and Gentlemen of the Senate. I'd just like to ask the sponsor questionsr please.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Indlcates he 'll yield , Senator Smith.

SENATOR SMITH

Thank you. I merely want to confirm from you, for documentation, that you lre transferring three hundred and eighty-two thousand from counseling service for abused and neglected children. What assurances can you give that no child will be denied that counseling she needs as a result of thls transfer?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

SENATOR MAITLAND

Againr Senator, I -- I thought you had the same information from DCFS that we do, but -- but -- but 1et me indicate to you -- the -- the counseling lapse resulted because the Medicald conversion of counseling contractsr origlnally planned for January, could not be completed until mid-March. The FY'95 requested appropriation is needed to cover the annualization of these converted contractsr as well as to fund health care requirements of BH Decree. Remaining funds are sufficient to provide these services to DCFS children and families as needed in the balance of the fiscal year.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discusslon? Put your light on, Senator Snith. Senator Smith.

SENATOR SMITH

Also, two hundred and forty thousand dollars is being transferred out cf cash assistance and housing for the Norman Class. Many children need safe, comfortable housing. Will scme familles be denied help finding housing as a result of this I 34 STATE OF ILLINOIS 88TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27r 1994 transfer?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland.

SENATOR MAITLAND

. The answer is no, as confirmed by the Department.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Smith.

SENATOR SMITH

I understand that seven hundred and fifty thousand dollars is proposed to be transferred from the foster care initiative, which pays for training of foster parents. Will thls transfer result ln fewer foster parents being trained?

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland .

SENATOR MAITLAND

No .

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Carroll. 0h. Senator Smith.

SENATOR SMITH

I just wanted to say thank you, because I just wanted to document this for the record. Thank you kindly.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Carroll.

SENATOR CARROLL

Thank you, Madam President. Senator Maltlandr I an concerned, as you know, about Whether or not Anna Veterans' Home Will open on tlme - when it will open. First, can you tell me -- 1111 give a couple of questions at once. HoW much of Anna 's money will lapse - not what do we take from the line, but how nuch will actually lapse - in Fiscal '94? When will Anna cpen? And thenr have We met the life-safety code for veterans' safety and protection at Anna and other homes? I 35 i STATE OF ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland. SENATOR MAITLAND: Senator Carrcll, we -- we don 't know the exact amount of the lapse at this point, but we do believe that that opening will be around forty to forty-five days from now . PRESIDING OFFICER: (SENATOR DONAHUE) Senator Carroll. SENATOR CARROLL: So that actually a11 mcnies for Fiscal '94 will lapse, because the opening will not be -- or al1 -- most of a1l monies, because the opening will not be until Fiscal '95. Forty days from now would be Fiscal '95. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland. SENATOR MAITLAND : Senatcr, all the money will not lapse because, as you knowr there -- there is security and other ongoing costs leadlng up to the opening of Anna. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Carrcll. SENATOR CARROLL: Thank you, Madam President. I'm learning how to do the lights. It's our understanding that pcssibly as nuch as six hundred, six hundred and fifty thousand dollars will actually lapse in that line because of the delay of opening. But there's another ongoing question that I think you are equally aware of, as is anybody interested in veterans and these veterans' homes. Since 1977 We have been obligated by federal law to make sure that federal homes comply with Illinois licensure, health-safety, a1l of our codes. The Anna Home does not: as We understand it: and that is one of the reasons for the delay; that our Department of 36 i STATE OF ILLINOIS 88TH GENERAL ASSEMBL? I REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 Public Hea1th cannot certify the home, because it was not bullt in compllance with our code. We have the same problems with the other homes and may lose the ability to attract several hundreds ' of thousands and millions of federal dollars because we have not . guaranteed the same safety to the resident of veterans' nursing homes that we do guarantee to the residents of other homes. Do -- and this is not really a question to you, but we ask you to continue to join us in trying to get an answer as to why, slnce 1977, We have violated the State 1aW. The federal government has told us we are violating State 1aW. Why are we not complying with the same type of life-safety code for veteran nursing home patients that we require for others? PRESIDING OFFICER: (SENATOR DONAHUE) Senator Maitland. Any further discussion? Further discussion? Senator Maitland, to close. SENATOR MAITLAND: Thank you, Madam President and Members of the Senate. I just thank you for the -- for the questions. I think we have an understandlng of what's in this supplemental, and I Would renew my motion, Madan President. PRESIDING OFFICER: (SENATOR DONAHUE) The question isr shall the Senate adopt the Conference Committee Report on House Bill 4. Those in favor will vote Aye. Those opposed will vote Nay. The voting is open. Have a11 voted who wish? Have a1l voted who Wish? Have all voted who Wish? Take the record. On thak questionr there are 56 Ayes, no Nays, 2 voting Present. The Senate does adopt the Conference Committee Report on House Bill 4, and the bill, having received the required constitutional majority, is declared passed. Senator Hall, for what purpose do you rtse? SENATOR HALL: For some reasonr my Aye vote malfunctionedr but I Want the 37 STATE 0F ILLINOIS 88TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 record to show that I would have voted Aye. PRESIDING OFFICER: (SENATOR DONAHUE) Record Will so reflect. Senator Smith. Resolutions. ACTING SECRETARY HAWKER: . Senate Resolution 1562, offered by Senator Smith. It is congratulatory. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Smith moves to suspend the rules for the purpose of the immediate consideration of adoption of Senate Resoluticn 1562. Those in favor will say Aye. Opposed, Nay. The Ayes have it. The rules are suspended. Senator Smith, tc explain the resolution. SENATOR SMITH: Madam Chairman and Members of the Senater this is merely a congratulatory resolution for -- a couple being married fifty years, and they will renew their vows this coming Sunday at 3:30 p.m. in Chicago. Thank you very kindly. PRESIDING OFFICER: (SENATOR DONAHUE) Senator -- has moved the adoption of Senate Resolution 1562. Those in favor, say Aye. Opposed, Nay. The Ayes have itr and the resolution is adopted. Senator Weaver, for What purpose do you rise? SENATOR WEAVER : Thank you, Madam Presldent. Just an announcement that there'll be a Republican Caucus in Senator Philip 's Office immediately after adjournment. PRESIDING OFFICER: (SENATOR DONAHUE) . .. lmachine cutoffl..mcould have your attention, please. A11 our substantive work and formal work has been completed. We will remain open in order to accept paper from the House, if they so choose to send it. So if there is any other business -- Senator O 'Daniel, for what purpose do you rise? 38 STATE OF ILLINOIS 88TH GENERAL ASSEMBLY ! REGULAR SESSION SENATE TRANSCRIPT 126th Legislative Day May 27, 1994 I

SENATOR O'DANIEL

Yes, Madam President. We didn't get through With the i resolutions. I had a Senate regolution we were almost to, and I also I have a House joint resolution.

PRESIDING OFFICER (SENATOR DONAHUE)

PRESIDING OFFICER: (SENATOR DONAHUE) We -- we -- we do intend to come back to those at some point, Senator O'Daniel. If you're -- it's not like it isn 't goin: to happen. Any other further informationz further comments? The Senate stands in recess until the call of the Chair. Have a good E weekend . (SENATE STANDS IN RECESS) (SENATE RECONVENES)

PRESIDENT PHILIP

The Senate will reconvene. There being no further businessr the Senate will stand adjourned until the hour of noon: Wednesday, June 1st, for perfunctory Sesslcn only. The Senate is adjourned. 39 REPORT: TIFLDAY STATE OF ILLINOIS 9R/11/0R PAGE: 001 88TH GENERAL ASSEHBLY 16:42:23 SENATE DAILY TRANSCRIPTION QF DEBâTE INDEX MàY 27, 199: HB-000) CONFERENCE SR-1011 ADOPTED 5R-1223 ADOPTED 5R-1259 ADOPTED SR-1279 ADOPTED 5R-1295 ADOPTED 5R-1392 ADOPTED SR-1k29 ADOPTED SR-1k55 ADOPTED SR-1R56 ADOPTED SR-1551 RESOLUTION OFFERED 5R-1552 RESOLUTION OFFERED 5R-1553 RESOLUTION OFFERED SR-155V RESOLUTION OFFERED 5R-1555 RESOLUTION OFFERED 5R-1556 RESOLUTION OFFERED 5R-1557 RESOLUTION OFFERED SR-1558 RESOLUTION OFFERED 5R-1559 RESOLUTIOK OFFERED SR-1560 RESOLUTION OFFERED SR-1561 RESOLUTION OFFERED 5R-1562 ADOPTED 5R-1562 RESOLUTION OFFERED SJR-0:69 ADOPTED SJR-0170 ADOPTED SJR-0172 RESOLUTION OFFERED SUBJECT HATTER SEKATE TO ORDER-SENATOR VâTSOK PAGE 1 PRAYER-SENATOR BURZYNSKI PZGE 1 JOURNALS-POSTPONED PAGE 1 RECESS PAGE 29 SENATE RECONVENES PAGE 29 COMXITTEE REPORTS PAGE 29 RESOLUTIONS CONSENT CALENDâR-ZDOPTED PAGE 30 RECESS PAGE 39 SENâTE RECONVENES PAGE 39 ADJOURNHENT PAGE 39