Senator Weaver moves to suspend the rules for the purpose and the immediate consideration and adoption of Hcuse Joint Resolution 78. Those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have it. The rules are suspended. Senator Weaver has noved the adoption of House Joint Resolutlon 78. A11 those in favor, signify by saying Aye. Those opposed, Nay. The Ayes have it, and the resolution is adcpted. The following Senators have been appointed as a Committee of Five from the Senate to Nait upon His Excellency, the Governor, Jim Edgar, and to invite him to address the Joint Session. They are: Senator Walsh, Senator Bomke, Senator Luechtefeld, Senator Viverito and Senator Clayborne. Committee Reports.
Senator Weaverr Chair of the Committee on Rules, reports the following Legislative Xeasures have been assigned: Approved for Consideration - House Bills 965 and 1089.
If I could have the attention of the Membecsbip. would encourage you to get over to the Hause of Representatives immediately. The Governor wants to start on time. And We will come baek here. We will stand at ease till 1 o 'clock or 1:15 or 1:30. It a1l depends on how long the Governor's message is. So we will see you back here shortly. The Senate stands at ease until 1 o'clock. (SENATE STANDS AT EASE) STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Leglslative Day January l0, 1996 (SENATE RECONVENES)
The Senate will please come to order. Messages from the House. Messages. I'm sorry.
Message from the President. Dear Mr. Secretary - Pursuant to Senate Rule 3-3(d), hereby establish, to be effectlve immediately, a special temporary conmittee which shall be called the Illincis Transit and Economic development Committee. Further in accordance w1th Senate Rule 3-1, the committee shall be composed of five Members: threer one of whom shall serve as Chairpersonz to be appointed by the President of the Senate, and two, one of whom shall serve as Minority Spokespersonr to be appointed by the Minority Leader of the Senate. Dated December 1st, 1995 and slgned by President Philip. Another Message from the President. Dear Mr. Secretary - As the Illinois Transit and Economtc development Committee has been properly established, pursuant to Rule 3-3(d), I am entitled to appoint three Members, including the Chairperson, to this committee. Please be advised that am at this time appointing the following Members, effective upon the filtng of this letter with you: Senatcr Aldo DeAngelisz Chatrperson, Senator Martin Butler and Senator Kirk Dillard. Slgned by Senator Philip, December 1st. A Message from the Minority Leader. Dear Mr. Secretary - In response to Senator Phllip's action of December 1st, 1995, establishing the Senate special temporary ccmmittee, referred to as the Illinois Transit and Economlc development Committee, I hereby appoint the following STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January 10r 1996 Membèrs to serve on this committee: Senator Cullerton, to serve : as Minority Spokesperson, and Senator Trotter. i Signed by Senator Jones, December 7th, 1995. PRESIDENT PHILIP: ! ! Introduction cf Bills. I
i I i Senate Bill 1250, offered by Senator Syverson. i I (Secretary reads title of bill) l Senate Bill 1251, by Senator Hawkinson. (Secretary reads title of bill) Senate Bill 1252, by Senator Bcmke. (Secretary reads title of bill) Senator Donahue offers Senate Bill 1253. (Secretary reads tttle of btlk) Senate Bill 1254, Senator Parker. (Secretary reads title of bill) Senate Bill 1255, by Senator Bomke. q (Secretary reads title of bill) ! I Senate Bill 1256, by Senator Bomke. i I (Secrekary reads bitle Of bill) I i Senator Bomke offers Senate Bill 1257. i i (Secretary reads tltle of b1ll) ' Senate Bill 1258, offered by Senator Parker. (Secretary reads title of bill) Senate Bill 1259, by Senator Raica. (Secretary reads title of bill) Senate Bill 1260 is presented by Senator Rauschenberger. I (Secretary reads title of bill) i Senate Bill 1261: by Senator Rauschenberger. i ! 1 (Secretary reads title of b1ll) 1 ! ! Senate Bill 1262, Senator Rauschenberger. I r ! (Secretary reads title of bill) 4 I 1 k ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January l0# 1996 l ! Senate Bill 1263 is offered by Senator Weaver. i ; (Secreeary reads title of bill) ' And Senate Bill 1264, by Senator Peterson. (Secretary reads title of bill) ! lst Reading of the bills. Resolutlons. ' SECRETARY HARRY: Resolution 128, offered by Senator Shaw and a1l Members, as ... l is Senate Resolution 129. ë ! Senate Resolution 130, by Senators Carrollr Berman and all i Members. ! ! Senate Resolution 131, by Senators Lauzenr Rauschenberger and ï : a11 Members. Senate Resolution 132, by Senator Clayborne and al1 Members. Senate Resolutian 133, 134, 135, a11 offered by Senator ! ! Demuzio. They fre a11 death resolutions, Mr. President. PRESIDENT PHILIP: Cansent Calendar. : ! SECRETARY HARRY: Senate Joint Resoluticn 70, offered by Senators Karpiel, Philip, Pawell and a1l Members. It's also a death resolutlony Mr. President. j PRESIDENT PHILIP: ! Consent Calendar. SECRETARY HARRY: Senate Jolnt Resolutlon 71, offered by Senator Madlgan. j It's substantive. i PRESIDENT PHILIP: Executive Committee. Rules. Senator Dcnahue, for what purpose do you rise? I SENATOR DONAHUE: ! Well, thank -- thank you, Mr. President. I would like to ; 5 . STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January l0r 1996 eall for a Republican Caucus immediately in Senator ''Pate'' Philip 's Office.
That's always in order. I understand there's a request from the other side of the aisle. Senator Jacobs, for What purpose do you rise?
Mr. Presidentr we request a Democratic Caucus in Senator Jones' Office immediately.
The Senate will stand at ease for the purpose of caucus until 2:15 this afternoon. (SENATE STANDS AT EASE) (SENATE RECONVENES)
Senate will come to order. Introduction of Bills.
Senate Bill 1265, offered by Senators Jacobs, Berman and others. (Secretary reads title of bill) And Senate Bill 1266, offered by Senator Maitland. (Secretary reads title of bill) lst Reading of the bills.
Senator Geo-Karis, for what purpose do you rise?
On a point of personal privilege. 6 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January l0# 1996
State your point.
This mornlngr Mr. President, Ladies and Gentlemen of the Senatey there Was a very, very fine ceremony honoring the seven living Medal of Honor winners of Illinois at the Rotunda. I'm very pleased to tell you that two of them come from my county. My constituents: Allen James Lynch - L-Y-N-C-H, A-L-L-E-N Was in the Vietnam situation, and he was wounded in action and still he unhesitatingly returned to the fire swept area three times to carry the wounded men around him. And When his company Was forced to withdraw by the superior fire power of the enemyy he remained to aid his ccmrades at the risk of his life rather than abandon them . And he saved their lives. He picked them up, and even thaugh he was wounded, he was able tc drag them across to a more secure area. And once he had assured their comfort and safety, he located the counterattacking friendly company to assist them in directing the attack and evacuating the three casualties. He risked his life and was wounded in action. And very please to tell you that Allen James Lynch lives in Gurneer Illinols and is my constituent, and is a very fine gentleman. He's now fifty years of age. The other gentleman comes from World War Richard Earl Bush, a corporal in the U.S. Marine Corps who distinguished himself ln -- ln battle in the Japanese Islands, in Ryukyu, Okinawa. In fact, to save his troops around hlm, he Eook a grenade and put pulled a deadly mlssile Eo himself and absorbed the shattering violence of the exploding charge, and he saved his fellow marlnes from a severe injury or death, despite the certain peril tc his own life. By his valiant leadershlp and aggressive tactics in the face of savage opposition, Corporal Bush contributed materially to the success of the sustalned drive tcward the conquest of this fiercely dependent outpost of the STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January l0, 1996 Japanese empire. And his constant coneern for the welfare of his men and his unwavering devotion to duty throughout the bitter confltct enhanced and sustained the hlghest traditions of the U.S. Marlne and Naval service. And I am very please ta congratulate i Richard Earl Bush and Allen Lynch for their unswavering devotion to duty and for dedicating themselves to freedom and to helplng others. And of courser I'm very, very pleased to have them live ! in Lake County, Illinois.
Thank you, Senator Geo-Karis. Supplemental Calendar. For a p point of information, there are two bllls on Supplemental Calendar No. 1. The first bill is House Bill 9657 the sponsor is Senator Wcodyard. The second bill is House Bill 1089, Senator Karpiel. ! It's the intent of the Chair to mave both of these bills. So if anybody is in -- in -- in hearing distance of my voicer I please Wlsh they would come up to the Floor of the Senate. If the Senate i will please come to order. Supplemental Calendar No. 1. House Bill 965. Senator Woodyard. Read the billr Mr. Secretary.
House Bill 965. (Secretary reads title of bill) 3rd Reading of the bill, Mr. President. :
Senator Woodyard.
Thank -- thank your Mr. Presidenty Members of Ehe Senate. I I There are only two provisions in the bill, but it is a massive document. The bill contains the language that brought -- arr that actually created the Department of Natural Resources. There Were ! only five bills printed because theylre six hundred paqes long. But if anybady wants to read this six-hundred-page document, wedll try to -- try to get it to you. But that's what the first I 8 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January 10, 1996 provision or the first part of the bill does. It's enabling legislation. It's rather a technical document that brought the Bureau of Waterways, Energy and Natural Resources, and Departnent of Conservation a1l into one aqency. The second provision is a bill that -- that the Department of Natural Resources needs because the U .S. Pish and Wlldlife are golng to lengthen the season of -- of the snow goose season. And under our present law, we need the change of this 1aw in order to comply with the federal government on the goose season. That's all that the bill does at this tlme.
Any further discussion? Any further discussion? Senator Rea.
Thank you, Mr. President. Question of the sponsor.
The sponsor indicates he'll respond. Senator Rea.
Does this does thls bill include the appointments to the Coal Development Research Board, where each one of the Leaders would appoint one to serve on this Board stnce there's no longer the Energy Councël?
Senator Woodyard .
Noy ie does not coneain that language. And I would like to see you proceed with -- with separate legislation to do that, because I certainly am in support of -- of that happening.
Senator Demuzio .
Mr. Preskdent, have a questlon to ask the spcnsor, might. 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January 10, 1996
The sponsor indicates he 'll yield. Senator Demuzio.
Senator Woodyard, could you indicate to us -- I -- I don't quarrel with what you're doing. As a matter of fact, I rise in support of the bill that is before us. NoW we've had some experience with the Department of Natural Resources, now werve had this consolidatlon, do you have any idea how much, if any: money that we have saved now as a result of consolidation of these various departments?
Senator Woodyard.
No, I don't have any feeling of that, but it Would be my opinion, without seeing any documentation, that we probably i haven't saved any money. PRESIDENT PHILIP: I Senator -- Senator Demuzio.
I -- I understand that this extends the snow goose season, and you're indicating that it does. I -- I -- perhaps if you would give us the differentlal between the snow goose and the regular goose, might help us out over here.
Senator Woodyard, I'd like to hear that deflnltlon myself. senator Collins.
Senator, I don't have any real problems with being able to transport your -- your hunting rifles or guns on a boat, but why ' does the gun have to loaded? I mean, isn 't that a bit dangercus?
Senator Woodyard. I 10 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January 10, 1996 E
I -- I think What thls is referring to, or what you miqht be referring to, with the loaded gun -- actually goose hunting a lot I of times is done out of a boat, and thatfs what this applies to. We had to extend the perlod of time that you could carry a loaded j gun in a boat because they actually hunt out of the boats. PRESIDENT PHILIP: l i Any further discussion? Any further discussion? If not, Senator Wocdyard, to close. A11 right the question is, shall i House Bill 965 pass. Those in favor will indlcate by voting Aye. Those opposed, Nay. The voting is open. Have you all voted who I wish? Have you all voted who wish? Take the record. On the ' question, there are 58 Ayes, no Nays, none votin: Present, l not voting. Hause Bi11 965, having received the required l j constitutional majority, is declared passed. Supplemental Calendar No. 1, House Bill 1089. Senator Karptel. Read the bill, j ! Mr. Secretary.
! House Bill 1089. (Secretary reads title of bill) 3rd Reading of the bill. i
Senator Karpiel. I
Thank you, Mr. President. House Bilk 1089 basically is a ! I clean-up to a bill that we passed last December. That bill was a bill that changed that, because of a court ruling, We had to i change the regional and -- the regional pollution control facilities and they -- in that bill we changed the setback ! requlrements for recycling centers, et cetera. We did not grandfather in any of the existing facilities at that time. Then last spring, we did come back and we did grant some grandfathering ! ! 11 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : 67th Legislative Day January l0, 1996 ; i i in for a couple of facilitles. I believe one is in -- one was in Crestwood. And we omitted this one, the C & S Recycling Company. This facility is on West Harrison Streetr and it was previously exempt from khe setback as a non-regional pollution control facility. But when we passed the bill in December: we deleted the distinction between regional and non-regional facilittes, and then this facility has been notified it now does not meet the -- meet the guidelines and so it would have to close down. I thlnk this is an unfair procedure to take against a facility that's been operating there since 1988. It's a fairly small fanily-run business. It is welcomed in the neighborhood. And I'm just asking to grandfather in the C & S Recycling Company.
Senabo r Hendon . . . !' Cf L'?. '''
Thank you, Mr. President. I -- before I begin: and I'd like to have everyone's attention, I'd like to ask if -- because this bill preempts home rule, does it take a three-fifths requlrement to pass?
Are you stating this as a parliamentary inquiry? Does this take thirty-six votes? Does not requtre an extraordinary vote. Takes a simple thirty votes. Senator Hendon.
Thank you very much. Colleagues, Ladies and Centlemen of the Senate, I would appreciate if I could have your attentlon for jusE one moment.
Will the Senate -- Senate please come to order. Thank ycu.
I I mean, please, T --T am personally begging you for your i attention. If I could have ity I Would appreciate it. This is k : 12 f STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE THANSCRIPT 67th Legislative Day January 10, 1996 : very inportant in my district. This is in my district. And although I have tremendous respect for the sponsor, I am appalled I to hear the sponsor say that this facility is welcomed in my l I community, because it is not. It ls not. Before I get emotional, because it's very emotional khen you talk about brtnglng more garbage into a conmunity that is besieged by garbage, I Want you 5 a11 to just think one moment about the timlng of thls vote. I want you to think for a moment about the tlming of this vote. I First of allr this facilityr my friends, is only a few blocks, a few blocks away from the headline story in the Sun-Times and the Tribune. If you would just take a moment, I'm trying to help you j - j protect yourself today. There are aldermen a1l over the City of Chicago resigning today - over garbage. Three blocks away fron Where this pile of garbage - seven thousand -- seven hundred ! thousand tons of garbage - they want you to vcte Yes on this bill i to 1et them bring some more - to 1et them bring some more. Think about the timing of thls vote, my friends. With the FBI and the I Justice Department al1 over the City of Chlcagor all up and dokn ! in City Hall, a1l over the County Building, al1 over the Water Reglamation Buildingr over garbaqe, this Senate, as intelligent as g : we are, is going to take a vote to allow a company to get around City 1aw and bring more garbage three blocks away from where five stories of garbage currently are. How stupid are we going to ! 1 look? To say to the federal government that while they Were protecting thts molez thls stooge, who wore a Wire on politicians, while they were protectlns him, Ehey were lettlng hlm dump more garbage. Wefre demanding right now that the federal government pay for cleaning up that garbage and not the taxpayers of Illinois. I Guess how much it's going to cost? Fifteen mlllion dcllars of the ( taxpayers money to clean up the garbage that's over there right now . Now I'm not saylng that Ehe Flood Brothers are responsible for the garbage that's three bloeks away from their facility, but ! I 13 ! STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSTON SENATE TRANSCRIPT 67th Legislative Day January l0, 1996 I'm tellin: you that it is three blocks away, and they want you to vote, and vote Ayer to allow them to bring more garbage, more maggots, more worms, more roaches, more rats, more rodents, more pestilence, on these poor people. And you just think about it for a moment. It won't take the FBI long to get on the highway and make lt down here, if we 're silly enough and stupid enough to pass a bill to bring more garbage into this community that's already under sieqe. I'm going to read a letter to you real quick, and 1'11 be through, Mr. President. It's to Senatcr ''Pate'' Philip and our Leader: Emil Jones from Henry Henderson. NoW I know you may not know him by name, but you've seen h1n on TV. He's been on television a11 week CNN, ABC, natlonal news all over the world talking about politicians that sold their souls to 1et people dump garbage. And they are totally against 1089. Dear Senators, writlng to inform you that the City of Chicago opposes the passage House Bill 1089, as amended, which changes Sectlon 22.l4(b) of the Illinois Environmental Protection Act to exempt certain facllities transferring municipal waste from the eight-hundred-foot set-aside. goes on to say that these laws were set up to protect people. Now some of you are up for reelecticn, some of you may not be, some of ycu may not give a damn one way or the other. But let me tell you one thing: wouldn't vote to allow anybody to dump garbage in any of your districts, if you stood up on this Floor like I'm standing up on this Floor now, saying don't do We're trying to clean it up. Why? Is it because we dre a poor communlty? Is 1* beeause wedre a black community? Do we deserve all the damn garbage from across the State of Illinois to be one location? It makes no sense. And the people of thls great State are going to have to pay to clean up thls mess. And We dre going to have to pay too, because as soon as they get finished wlth those little aldermen down ln the City of Chicago, they 're going to wonder why, why would this 14 STATE OF ILLINOIS 89TH GENERAL ASSEMBDY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January l0r 1996 Senate, thls Bcdy of integrity and intelligenee, this Bady where we're supposed to truly care about the people of Illinois, wculd vote on the same day - the same day - that people are belng indicted over garbage. Are We silly enough? And I am pissed off because... PRESIDING OFFICER) (SENATOR WATSON) i . Senator, I think you've made your point.
this is an attack -- this was an ambush on me. J shculd not have to had come down here and find ouk todag. And I have been i r trytn: a11 summer to Work With Flood Brothers to get the community to be able to accept what they Want to do. But to do an attack I I like this on the day that our Governor made his great address ! about a better Illinois and even talked about repealing the Retatl Rate Act because, and I quote, ''some of these communities don't want the incinerator''. Well my damn community don't want 1089, . j and you should vote No against this bill.
PRESIDING OFFICER: (SENATOR WATSON) I Eurther discussion? Senator Walsh.
Thank you, Mr. President. Senator, for you to say that this legislation is ln any way connected to the investigation that's I going on in the City of Chicago is inaccurate, incorrect and I thlnk it's an effcrt to deceive thls Bcdy. What Ne are trying to do with this legislation is -- is -- is undo what we Wrongly did ! in putting a small buslnessman cut of business in December of 1994 with legislation that passed this Body. We unintentionally put the C & S Recyclin: out of business -- or, the Flood Brothers out 1 r of business with legislation in -- in December of 1994 and this legislation is only going to right that wrong and undo that I I ! lesislation. This is nothing that wasn't there prior to this. I : have also had an opportunity to talk to people in the area, as J i 15 E STATE OF ILLINOIS 89TH GEHERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Leglslative Day January 10, 1996 Ifve been down to C & S Recycling, and talked to the principal of the school that you had talked about pricr to thls. And the principal welcomes Flood Brothers, as do other members of the community. We've got letters here, written from members of the Chambers of Commerce and pastcrs and churches, that are -- that welcome this. Prior to the Flood Brothers being on this site, thls was a drug infested area, with a bunch of used needles and pushers hangtng out across the street from the school. The Flood Brothers have come in there and have cleaned up that area and are providing jobs - over thirty jobs - for members of your community. They're doing good in the community and this is just going to keep an honest businessman working. We made a mistake with our legislation and let's undo the Wrong by voting Yes for 1089 right nOW .
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Palner.
Thank you: Mr. President. Questions of the sponsor.
PRESIDING OFFICER: (SENATOR WATSON) The sponsor indicates she gll yieldr Senator Palmer.
Senator Earpiel, would you just state in simple terms what the purpose of this amendment And 1et me just state as understand it and if you cculd clartfy it for me: That this allows this facility Eo bypass the eight-hundred-foot setback requirement, which means, as I understand that it would, therefore, be closer to the street and, therefore, closer to the school that is across the street from this facility. Is that correct?
PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel.
16 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January 10, 1996 i Yes, Senator. What it will do is allow them , because at the I time they -- they began their operations on this site, the site -- the setback requlrements for a recycling center, which this is by the way - not a garbage landftll. They do not bring garbage in. They bring, you know: recyclable materials to this slte. The requtrements at that time were -- were eight hundred feet. We chançed them last December to a thousand feet. And they are at eight hundred feet. A1l -- they don't want to move or add on to ! their building or do anything; they just want to continue operations on the site that they have been on since 1988. I PRESIDING OFFICER: (SENATOR WATSON) Senator Palmer. : ! SENATOR PALMER: In addition, Senator, as I understand lt fram my analysis here that this exempeion would allow them to get rid of excess ! , nonrecyclable material without penalty from the EPA . Is that correct? PRESIDING OFFICER: (SENATOR WATSON) I Senator Karptel. ! SENATOR KARPIEL: Yes. They -- right now, they have a permit application in ! with the Illinois EPA for a transfer station, because when these recyclables came in, there is always a little bit of some other, 1 you know, matter in there. It is not a transfer station; it's a recycling facility, but because some other matter daes come in, i they are now seeklng a permlt as a Eransfer station. PRESIDING OFFICER: (SENATOR WATSON) i I Senator Palmer. SENATOR PALMER: 1 Two more quick questions: To your knowledge, has this facility been clted by the City of Chicago as in noncompliance? ! I And secondly,asI understand it again from my analysis, by 1 ' I i 17 i ; STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January l0y 1996 allowing this exemptionr the statewlde siting policy is not equitable unless all facilities with similar operations are also exempt. Are those correct? ' PRESIDING OFFICER: (SENATOR WATSON) I ! Senator Karpiel. SENATOR KARPIEL: I A1l right. This -- first of all, the other faeilities that I ; wculd have been caught under this have been taken care of. We exempted them, grandfathered them in, in the spring session. I I believe there were two or three others. As far as the citations over the yearsr they have had some citations that they have ! cleaned up . Since it became know that I was calling this bill, they have had several inspections in the last few days and last i week or so. They had one complaint from the fire -- I want to get the right name. I don't know lf it's the fire department that : inspects these things, whatever, from -- and it had to do with their tanks of oil or gasoline that they use for their trucks that E they had up high on like scaffolding or somethlng in the buikding. ! And they took it down right at that particular time, while the inspectors were stlll there. So -- and then I believe they also ! had an inspectlon from another one of the City agencies that found no -- had no complaints.
PRESIDING OFFICER: (SENATOR WATSON) Senator Palmer. ! !
Thank you. To this amendment: Colleagues, I would ask that 2 you apply the NIMBY Rule to this - Not In My Back Yard. And I would ask that you think about whether you would like to have such :: a faciltty. We're not here to vote agalnst its existence, but we certainly do not have to expand its operation. And I would ask ' that you ask yourselves whether in your community, across from a public school where children are every day, you would want to have 18 ! : STATE OF ILLTNOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January 10r 1996 this facility cperating, especially as it has been made clear to you that this is very near a facility that is on the front page of today's Sun-Times that has six stortes of garbage. I ask that you think about that and vote No on this. Thank you.
PRESIDING OFFICER: (SENATOR WATSON) Further discussicn? Senator Raica.
Question of the sponsor, please. ! !
PRESIDING OFFICER: (SENATOR WATSON) Spcnsor indicates she will yield, Senator Raica. 1 @
Senator Karpiel, in reference to the permit application as a transfer station, does that mean that -- obviously the explanation I WaS that Currently they may have some Waste that they cannot take ' Care Of 3nd they Wish to have that Waste removed. My question is: If they do receive a permit as a transfer station, cculd that mean I or does it mean that waste that would not normally come to this facility can come to this facility now as a transfer station and ! ! be taken from that station elsewhere?
PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel. I
T don't -- I don't believe so. The reason that they have I requested the transfer statian permit is because the CiLy Of 7 Chicago thought it would be a better ldea lf they had that as well as the license -- ehe permit for a recycllng center. They have no I ! intention, no, of becoming a transfer station. And I believe the ! size of the facility also would deter that. PRESIDING OFFICER: (SENATOR WATSON) I Senator Raica. !
One last question, Mr. Presldent, if I can. ! I 19 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January 1996
PRESIDING OFFICER: (SENATOR WATSON) Okay. Proceed, Senator.
Senator Karpiel, what is khe -- seer my understanding is that they have been in -- would imagine the word would be noncompliance for some time and they have had numerous amount of complaints though, but khat is the City of Chicago's position or stand on this facility? Are they for this facility? Are they taking a negative stand against the factlity?
PRESIDING OFFICER: (SENATOR WATSON) Senator Karpiel.
Well, Senator, I have nct heard fron the City of Chicago. But, first of all, I do want to say that they are licensed by the City of Chicago and they do have permits and licenses from the City. alsa have a letter from one of the City agencies: thanklng them for their lnvolvement in Adopt A Neighbcrhood <sic> program. And that came from the Mayor -- Mayor's office.
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Senator Carroll.
Thank you, Mr. President; Ladies and dentlemen of the Senate. I really had not intended to rise to dlscuss the issuer but based cn the last question, I Senator Raica, I had the same question you did, particularly since the letter that Senator Hendon has provlded us with from the Conmlssioner Henry Henderson was dated May 22nd, 1995 - some eight months ago. So in the very near past I had the cccaston to check with the Clty of Chicaqo to see what thelr procedure was ncw, or their position on this, based any changes in either the proposed legislation or facts since Mayr and their posltion as of 3:15 this afternoon is that they are unalterably opposed ta this legislation. 20 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January l0, 1996
PRESIDING OFFICER: (SENATOR WATSON) Further discussion? Further discussion? For a second time, Senator Hendon.
Thank you, Mr. President. 1'11 be brief. First I want to say that the Flood Brothers were -- the Flood Broehers were cited about three months ago fcr having medical waste - medical waste . Three months agor Senator Karpiel. Three months ago, they had medical waste. They do not have a permit to have medical waste. The City of Chicago is opposed to thls leglslaticn. You can always get a preacher here or somebody there to sign a letter, but I guarantee you, unequivocally and without a dcubt, my community, as a whole, is totally opposed totally opposed this facility - totally opposed . And I'm going to tell your I met with the Flaod Brothers personallyy and they do intend, Senatar Raica, they do intend to expand. They told ne they intend to expand . They intend to expand. There is no doubt about No doubt whatsoever. And was not trying to say, Senatcr Walsh, that these people are the John Christophersr but I'm telling all of you, John Christopher had a permit at one time, or John Devtto, or John Whichever-Name-He-Wanted-To-use-Today, he had a permit at one time, he had a license at one time, right now he's in protective custody .
PRESIDING OFFICER: (SENATOR WATSON) Further discusston? Senatcr Dudycz.
Well, thank you, Mr. President. I Wasn't planninq on speaking on this -- on this bill, but after hearing Senator Walsh mention the letters that he recelved ar he has in his possession from the community organizations, churches and city agencies, I asked could see them, and somehow I'm getting the wrong messages here. - - from one side I hear that people support the the Flood 21 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January l0r 1996 Brothers and on the other side I hear that people are unalterably and unanimously opposed. When I start goin: through these letters I I -- I look at letters dated Apri1 of '93, Where the 31st.Ward ls thanking the Flood Brothers for -- for their cooperation ln the I ! recycling. T get -- I'n looking at a letter from the Safer i Poundation, dozens of churches, even from Genevieve Brown, I Director of the Mayor's Office of Jnquiry and Information, dated q October 17th of 1995, Where -- where the letter starts out by saying Mayor Daley was delighted to see your group on the list of ; new participants in the City's ''Adopt-A-streetn program, ! commending them for their activity. A letter -- there's a letter in here from Alderman Chandler, and other -- or, other political l 2 and bustness and religious leaders frcm the communtty who are apparently supporttng this -- this organizatlon, and so I'm going ! to vote for this -- this bill, because I think that the facts are 1 ! a little bit more clear now. PRESIDING OFFICER: (SENATOR WATSON) ! ! Further discussion? Further discussion? If not, Senator : Karpiel, to close. I I SENATOR KARPIEL: i Well, thank you, Mr. President. I'n sorry that this is such an emotional k1nd of a controverstal issue; it really shouldn't l l i be. We're talking about a facility that is there. Wedre not ' talkin: about siting a new facility. And as far as talking about f brlnging a1l the qarbage into your distrlctr Senator: the same -- ! i l the same company owns a facility ln the town that I llve in, not too far from where I livee and I live from one of the -- about -- l a feW blocks from one of the largest landfills in the State. I 1 , know about garbage and recycling centers, and it's not a1l ln somebody else's backyard. It's in mlne as well. As far as the j i community support, I don't usually go into these kinds of things, but let me just read to you some of the things that have been i 22 STATE OF ILLINOIS 89TH GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Leglslative Day January l0, 1996 said . Ncw this comes from the principal of the schcol that is next to this facility. It says, ''The business operation of Mr. Brtan Flood and & S Recycling Company, located on property adjacent ta our school, represents a great improvement tc our school's environment. Up until its rehabilitatlon, the property had been abandoned and posed a serious hazard to our students and to community residents. The property is now well maintained and represents an asset to the community. As well, Mr. Flood has made an effort to return resources the community.'' He donates basketball outfits to these schaolkids. He gives out turkeys at Thanksgiving. There have been clean-up days in the neighborhood, which Senator Walsh has pictures up there of what the neighborhood looked like before the the recycling center located there and cleaned up the neighborhood. And it is a vast differentr let me tell yauy of the before and after. There's a letter frcm the Shiloh Missionary Baptist Church. t'You run a wonderful operation. Thank you for letting us tour your facllity. And it was nlce to see a1l those young African-American men working for you.'' This place hires and employs people in the neighborhood, at high-paying sums of sixty-thousand-dollar-a-year jobs. mean, this is not anything that is a determent to this neighborhoodz believe me. Another letter from Grace Memorial Baptist Church. ''Dear Brian, In tlmes as we are in with all the drug selling and prostitution, nice to see a company like C & S Recycling cperating in our ward. Our Alderman, Michael Chandler, should support What you are doing. he doesn't, we wll1 have Eo look into uhat his hidden agenda.'' And I -- colleaguesy f don 't usually stand up and talk about things like hidden açendas, but believe me, there is one in this case. I ask for your Aye vote to keep this small family business operation thls nelghbcrhood. It is, faet, welcomed by the community. And by the way, I have boxes of these. These are a1l letters from churches, businesses, two ward 23 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January l0y 1996 aldermen - the 29th and 31st - Danny Davis is supportive of themr klnds of letters in support of this recycling center staying on this slte. In addition to tWo hundred and seventy other letters that I have sitting in my office. Anyone Who cares to see any of these is welcome I ask for your support.
PRESIDING OFPICER: (SENATOR WATSON) The question is, shall House Bill 1089 pass. A1l those in favor, vote Aye. Opposed, vote Nc. The voting is open. Have al1 voted who wish? Have a11 vcted who wish? Have all voted Who wish? Take the record. On that question, there are 35 voting Yes, 17 voting Noz voting Present. House Bill 1089, having received the required constitutional majorityr is declared passed. Introduction of Bills.
Senate Bill 1267, offered by Senators Maitland, Weaver and Madigan. (Secretary reads tltle of bll1) Senate Bill 1268, offered by Senators Syverson and Burzynski. (Secretary reads title of bill) lst Reading of the bills.
PRESIDING OFPICER: (SENATOR WATSON) Resolutions.
Senate Resolution 136: offered by Senator Cullerton. It's a death resolutionr Mr. President.
PRESIDING OFPICER: (SENATOR WATSON) Ccnsent Calendar. Senator Cronin? Senator Cronin, for what purpose do you rise?
Thank your Mr. President. For purposes of an announcement. The Senate Education Committee will meet one-half hour after we finish business here on the Senate Floor. like invite the 24 STATE OF ILLINOIS 89TH GENERAL ASSERBLY REGULAR SESSION SENATE TRANSCRIPT 67th Legislative Day January l0# 1996 Republican Members of that committee to meet in our usual rocm for a premeeting meeting. We'11 meet one-half hour after we leave here in Rcom A-l.
PRESIDING OFFICER: (SENATOR WATSON) Senator Weaver: for what purpose do you rise?
Por the purpose of an anncuncement. There'll be a Rules Committee meeting at 4 o'clock in my office.
PRESIDING OFFICER: (SENATOR WATSON) House Bills 1st Reading.
House Bill 1684, offered by Senator Cronin. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR WATSON) To inform the Members: It's our intention to leave leave us open, we Will go ahead and proceed to our announced meetings, and at a future point in time later this afternoon, we will probably conclude our business. The need will be to read the commlttee reports. No cther formal buslness or substantive business. Tt's the anticipation of adjournment that We would then adjourn until 10 o'clock tomorrow morning, but we are not adjourning at thts point time 10 o'clock tomorrow mornlng. Senator Demuzio.
So, for clarlficatlon, we are ln effect, wedre done with our business on the Floor, we don 't come back until tomorrow morning at 10 o 'clocky no other business other than reading the messages will take place, and a Rules Committee at 4 o'clock. Is that right?
PRESIDING OFFICER: (SENATOR WATSON) That's correct. We'1l ncw recess till the call of the Chair. 25 STATE OP ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 67th LeglslatiMe Day January 10, 1996 (SENATE STANDS IN RECDSS) I I (SENATE RECONVENES) !
PRESIDING OFFICER: (SENATOR DUDYCZ) .. . wi1l come to crder. Committee Reports.
Senator Weaver, Chair of tàe Committee on Rules, reports the following Legislative Measure has been assigned : Referred to the Commlttee on Executive - Conference Committee Report 1 to House Bill 1523. '
PRESIDING OFFICER: (SENATOR DUDYCZ) Senator Demuzio, for what purpose do you rise?
Mr. President, J'd like for the record to reflect that We have two Members absent due to illness today: Senator Shaw and Senatcr - - Senator de1 Valle. And I would also ask to correct the record on House Bill 965. Someone inadvertently pushed the switch for Senator de1 Valle. I'd like the record to reflect that that was in error. !
PRESIDING OFFICER: (SENATOR DUDYCZ) The record shall so reflect. For the information of the Members, the Senate Executive Commtttee will meet at 8:30 in Room I 212. Tomorrow morning at 8:30. Is there any further business to come before the Senate? If not, Senator Butler moves Ehe Senabe stand adjourned until 10 a.m., Thursday, January 11th. I ! 26 1 REPORT: TIFLDAY STâTD OF ILLINOIS 96/10/07 PAGE; 001 89TH GENERAL ASSEHBLY 13:yk:2$ SENATE DAILY TRANSCRIPTION OF DEBâTE INDCX JANDART 10y 1996 HB-0j65 THIRD READIVG PZGE 8 H8-0965 OTHER PAGE 26 : HB-1089 THIRD READING PZGE 11 ! HB-168k FIHST READING PâGE 25 SB-1250 FIRST REâDING PAGE V :8-1251 FIRST READING PAGE k SB-1252 FIRST READING PAGE % 58-1253 FIRST READING PZGE 1 SB-125) FIRST READING PZGB k s8-1255 FJRST READING PâGE V 58-1256 FIRST READING PZGE k 58-1257 FIRST READING PAGD 4 ' 58-1258 FIRST REZDING PAGE R 58-1259 FIRST READING PAGE R I SB-1260 FIRST READING PAGE k 1 SB-1261 FIRST REâDING PAGE k 58-1262 FIRST READING PAGE k 1 58-1263 FIRST READING PAGE 5 I SB-1264 FIRST READING PAGE 5 1 38-1265 FIRST REZDIVG PAGE 6 58-1266 FIRST HEADING PâGE 6 1 SB-1267 FIRST READIMG PàGE 2) 1 38-1268 FIRST REâDING PZGE 24 I SR-0128 RESOLUTION OFFBPED PAGE 5 5:-0129 RESOLUTION OFFERED PAGE 5 .I SR-0130 RESOLUTION OFFERED PAGE 5 I SR-0131 RESOLUTIOM OFFERED PZGB 5 I SR-01J2 RESOLUTION OFFERED PAGE 5 SR-0133 RESOLUTIOM OFFERED PAGE 5 ' SR-0134 RESOLUTION OFFERED PâGE 5 I SR-0135 RESOLUTICN OFFERED PAGE 5 5:-0136 HESOLUTION OFFERED PAGE 2) ' HJR-0078 âDOPTED PAGE 2 ' HJR-0078 RLSOLUTION OF4ERED PAGE 2 SJR-0070 RESOLUTIOV OFFEPED PAGE 5 SJR-O071 RESOLUTION OFFERED PâGE 5 ' 1 SDBJECT HâTTER I SENATE T0 ORDER-PRESIDENT PHILIP PRGE 1 I PRAYER-THE REVEREND JEFFCHIIHOOD PâGE 1 . ! PLEDGE DF âLLEGIANCE PAGE 1 JOURNALE-APPROVED PàGE 1 ' HESSAGES FROH THE HOUSE PAGE 1 I COMHITTEE REPORTS P2GE 2 SENATE STANDS AT EâSE PAGE 2 I 8ENATE RECONVENES PZGE 3 ! HESSàGES FROM THE PRESIDENT PAGE 3 I HESSAGE FROH THE HINORITT LEADER PZCE 3 SENATE STANDS AT :28: PAGE 6 ' SENATE RECONVEMES PâGE 6 ' SENATE STANDS IN RECESS PAGE 26 . SENATE RECONVEMES PAGE 26 COMMITTEE REPORTS PàGE 26 ' ADJOORNMENT PACE 26 ! . 1 I 1 I ' j ' j 1 1 I