PRESIDING OFFICER: (SEHATOR WEAVER) Regular Session of the 89th General Assembly will come to order. Will the Menbers please be at their desks, and Will our guests in the gallery please rise. Our prayer today will be given by the Reverend Lonnie E. Ksic> (H.) Lee of the Westninster Presbyterian Church in Springfield. Reverend Lee.
(Prayer by the Reverend Lonnie H. Lee)
PRESIDING OFFICER: (SENATOR WEAVER) Senator Sieben w1ll lead us ln the Pledge of Alleglance.
(Pledge of Allegiance, 1ed by Senator Sieben)
PRESIDING OFFICER: (SENATOR WEAVER) Reading of the Journal. Senator Butler.
Mr. Preskdent, I nove that reading and approval of the Journal of Wednesday, January 10th, in the year 1996, be postponed , pending arrival of the printed Journal.
PRESIDING OFFICER: (SENATOR WEAVER) Senator Butler moves to postpone the reading and approval of the Journal, pending arrival of the printed transcrtpts. There being no objection, it is so ordered. Commëttee Reports.
Senator Cronin, Chair of the Committee on Education, reports Senate Bill 1239 Do Passr as Amendedz and Senate Bill 1240 Do Pass. And Senator Karpiel, Chair of the Committee on Executive, reports House Bill 1523/ the First Conference Committee Report, Be Approved for Consideratlon.
PRESIDING OFFICER: (SENATOR WEAVER) Resolutions. Introduction of Bills.
STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January l1, 1996 Senate Bill 1269, offered by Senators Berman, Dunn and others. (Secretary reads title of bill) Senate Bill 1270, by Senator Berman. (Secretary reads *itle of bill) Senate Bill 1271, offered by Senator Bogles. (Secretary reads title of bill) Senate Bill 1272, by Senator Klemm. : (Secretary reads title of bill) lst Reading of the bills. i
PRESIDING OFFICER: (SENATOR WEAVER) ... recoqnizes Senator Lauzen, for the introductions.
Ladies and Gentlemen, in less than a month from now, on February 2nd, we'll be sending one of our citizens to the Miss USA Contest in Texas. Before I present Miss Illinois, USA, Bernadette Przybycien, a few introductlons. I'm also delighted today to introduce twc of my constltuents, Jo Anne and Tony Salerno. They're the producers of the Miss Illinois and Miss Teen Illinois Pageants. They invited me to be on the judging panel, and I was impressed by their organization and with the respect khat they treated each contestant. T'd also like to introduce Edna Walden, a special assistant to the -- in the Governor's Office. And then, we had Walter Dudycz here a little while ago, and you might have thought that Walter was up here to give his tips on charm and beauty, knowing what a charming, beautiful guy he isr bu* Bernadette lives in Walt Dudycz's distrlct. And also, not to leave anyone out, I wanted to introduce our resident charmer and beauty in Sara Knoles, who 's With us also today. Sir William Osler wrote: Nothlng wlll sustain us more potently than the power to recognize in our routine the true poetry of life - the poetry ! of the commonplace, of the ordinary, with our sorrows and our griefs, our loves and our joys. Perhaps that's why there are 1 . 2 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 11r 1996 pageants of masculine and feninine, charm and beauty, Olympics and Super Bowls. Now, let me tell you a little bit about Bernadette I Przybycien. She's a senior at Loyola Unlversity. She's studying psychiatric nursing, which makes it very appropriate here today. 1 I While she's a full-time student, she's also working full time as a - - as the supervisor of the Downtown chicago Marriott Health Club. 1 She enjoys here family, Polish heritage, sports, dancingy pizza and Porrest Gump. She describes herself, and I agree, as genuine, ' I open-minded, independent, and she describes our great State of Illinois as friendly, entertalning and historical. May I present i to you Miss Bernadette Przybycien, Miss Illlnois, USA. MISS ILLINOIS BERNADETTE PRZYBYCIEN: l I (Remarks by Miss Illinois, Bernadette Przybycien) SENATOR LAUZEN: ; Thank you. Before we send Bernadette off to Texas to compete on our behalf in the Miss USA Pageant on February 2nd, I'd like to i present her with a plaque of commemoration and recognition from the Senate and State of Illinois and then an Illinols Flag, on ; behalf of the State Senate and the people of Illlnois. MISS ILLINOIS BERNADETTE PRZYBYCIEN: l (Remarks by Miss Illinois, Bernadette Przybycien)
PRESIDING OFFICER: (SENATOR WEAVER) Introductlon of Bills. ACTING SECRETARY HAWKER: i Senate Bill 1273, offered by Senator Klemm . (Secretary reads title of bill) Senate Bill 1274, offered by Senator Woodyard. (Secretary reads Eitle of bill) I i Senate Bill 1275, offered by Senator Woodyard. (Secretary reads title of bill) 1 lst Readinq of the bills. PRESIDING OFFICER: (SENATOR WEAVER) ! I I 3 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 11, 1996 On the Supplemental Calendar No. l ls Conference Committee Report. Mr. Ksicl Secretary, do you have on file a conference conmittee report on House 3i11 15237
Pirst Conference Committee Report on House Bill 1523.
PRESIDING OFFICER: (SENATOR WEAVER) For what purpose does Senator Jacobs arise?
Presldent, we would request a Democratic Caucus for about fifteen minutes, in Senator Jones' Office immedlately.
PRESIDING OFFICER: (SENATOR WEAVER) That request is always in order. There'll be a Democratic Caucus in Senator Jones' Office. We will stand -- Senator... Senator Donahue.
Well, thank you, Mr. President. 1, toor would request a Republican Caucus immediately in Pate Philip 's Office.
PRESIDING OFFICER: (SENATOR WEAVER) There'll be a Republican Caucus in Senator Philip 's Office. The Senate will stand in recess until 11 o'clock. (SENATE STANDS IN RECESS) (SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR DONAHUE) Introductlon of Bills.
Senate Bill 1276, offered by Senator Clayborne. (Secretary reads title of bill) 4 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 1lr 1996 Senate Bi11 1277, offered by Senators Raica and Dudycz. (Secretary reads title of bill) lst Reading of the bills.
PRESIDING OFFICER: (SENATOR DONAHUE) On Supplemental Calendar No. 1 is House Bill 1523. Mr. <sic> Secretary, do you have a conference committee on file?
First Conference Committee Report on House Bill 1523.
PRESIDING OFPICER: (SENATOR DONAHUE) Senator O 'Malley.
Thank you, Madam President. We have before us Conference Committee Report to House Bill No. 1523. I will do my best to briefly introduce lt. The Repork becomes the bill. The billr in effect, repeals the Retail Rate Law as it applies ta solid Waste incinerators. And I might add that it does so in a very complete and retroacttve fashion. Briefly, to let you -- 1et the Body understand what the Retail Rate Law grows on top of a federal law . Under federal law, public utilities are required to purchase electricity from -- from incinerator facillties at the avoided cost. The Illinols Retail Rate LaW requires that pubkic utilities purchase this electricity at the retail rate, and the pubLic utility is then entitled to a tax credit against its public utilities tax. Once the inclnerator facllities have repaid thelr orlginal debt, they are supposed to reimburse the State for the reduction ln tax revenues caused by *he tax credit and to do so without interest. Unfortunately, the repayment provisions in the law are very weak, and it is questionable whether or not these facilities Will be economically viable for long enough to repay thls debt to tbe State. In essence and in the very best light, the State, under this law, is providing a no-interest loan to the incinerator developers with no quarantee that the money will ever STATE 0P ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January ll, 1996 ; 1 be repaid. The -- again, the Conference Committee Report is what's before us, and I stand prepared to answer any questions any Member of the Body may have. ehank you . 1 ' PRESIDING OFFICER: (SENATOR DONAHUE) 1 Is there any dtscusston? Senator Jacobs. 1 SENATOR JACOBS: 1 Thank you, Madam President, Ladles and Gentlemen of the i Senate. Would the Senator yield for a questton? 1 PRESIDING OFFICER: (SENATOR DONAHUE) 1 Indicates hedll yield, Senator Jacobs. 1 . SENATOR JACOBS: 1 1 . Senator, this bill is coming at us pretty quick. We a11 know thatthere'sbeendiscussionongotngaboutthe Retail Rate LaW. 1 There are many of us on this side of the alsle that Would l1ke to 1 I join with you in vottng for a Retail Rate LaW bill;however: I'm a j little concerned with the speed of ghich this thing is going 1 1 through. If you renember, in the -- the late hours of the Veto 1 S 1 ession, we passed a eavesdropping provision in a blll that a lot 1 ' of us did not even know that was there. The Governor mentioned it j 1 the other day in his speech that it needs to be modlfied. And I j think it's a little foolhardy whenever we don't think these bills 1 . out in advance, and I would ask the sponsor to hcld this bill ' 1 until which tlme we can offer amendments and/or to get leglslation ' Whtch, in my mind, would clear the State of any financial 1 responsibllity and would not be in violation of any inplied j contract that we may have with these operators at this tlme. And also, I'd like to give some further consideration to what we do With tires. We 're very nuch aware that tires cannot go into i I landfills. They can be Rixed With some of the fuels used in coal I i I burning, but I don't think that thatds a market for it, and the i shredding of -- of tires doesn't create a market. So Ifm afrald 1 i that we're going to get a1k these ttres in our backyards, on our j I ! 6 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGZLAR SESSION SENATE TRANSCRIPT 68th Legislative Day January l1, 1996 I streets, et cetera, because Ne're çoing to have no way to realLy dispose of any quantity, and I Would ask the sponsor if he would hold this bill until a laber date, until we have the time to investigate it more and to offer some amendments.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O'Malley.
Senator Jacobs, thank you for your conments. As -- as usual, they're well reasoned, and -- and I appreciate it. However, I think you know, as I do know, that there is probably no issue that this Body has debated much more than this particular one, for the three years that I've served in the Illinois Senate. So with al1 due respect to your request, I have to -- to let you know that I thtnk the Body ls pretty well familiar with the contents of the legislation. I do not intend Eo take it out of the record. I will, however, 1et you know that I'd be happy to go over each and every item of the bill to make sure that everybody understands what's in it. PRESIDING OFFICER; (SENATOR DONAHUE) Further discussion? Senator Jacobs.
And I understand that, and that's well Within your -- your rights, Senator. Still then, I -- I musb express my concern that this legislation, I think, puts the State in financial jeopardy. I think there's court cases, as I was informed thts nornlng, there's four of themz whlch have held that the State can be held responsible in these cases. So I have concerns With that, as well as the fact that I don 't think we 're really going ta stop anything of those that are already under construction. So it really becomes an issue that becomes a little bit moot, and I -- I nust say, and I must add, that I think that this is as much a political 1 issueas it is a issue ofgood government. j 7 1 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 11, 1996 I PRESIDING OFFICER: (SENATOR DONAHUE) 1 Further discussion? Senator Collins. ' SENATOR COLLINS: Thank you, Madam President. Question of the sponsor. PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Collins. SENATOR COLLINS: Senator O'Malley, in the case where the bonds have already been issued in the local municipalities ln the -- the development agencies -- entities, if we default on those bonds now, what uill be the financial consequences to those villages and any -- we're talking about basically Robbins here, because theydre about three-thirdsr I think, on line with their incinerator and that they 're going to continue, notwithstanding the repeal of this Act. What will be the economic consequences to that village, given the fact that -- that we w#ll default on the bcnds? PRESIDING OFFICER: (SENATOR DONAHUE) Senator O 'Malley . SENATOR O 'MALLEX: Senator Collins, I -- I -- you made similar comments in the committee today, and -- and I think I want to get them -- make sure We get them clarified away today. First of alt, the State is not defaulttng on anything. Addttlonally, as I understand it, the bonds in the case of the Village of Robbins were issued nonrecourse to the village . These are strictly a private investment by private enterprise. And as for the implications for the village, the developer even made comments in committee that, in effect, the -- the project would contlnue. I don't know. That was his statement in -- in committee. So, to -- to very succinctly bring it to closure, I appreciate your question and the opportunity to clarify iE. There is no Etate exposure. The State i is not obligated on those bonds. And as far as the Village of ! I I 1 L - - - STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January l1z 1996 : Robbins, I understand they are nonrecourse.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins.
What about the -- the Illinois Finance Authority? Did not they issue the bonds for Ford Heights? i PRESIDING OFFICER: (SENATOR DONAHUE) ' Senator O 'Malley. ' SENATOR O 'MALLEY: i That's another subject that came up in committee today, and E the Senator to your -- your left clarified what -- What the status of those particular forms of debt are. But apparently, agalnr E that's nonrecourse to the State as well. .
FRESIDING OFFICER: (SENATOR DONAHUE) Senator Collins. SENATOR COLLINS: ' To the overall bill: I have no objections to repeallng this Act,butthisbklkreally isnotabout that. That is not the 1 i motivation behind this bill. There's no doubt that if We had taken our times and not -- act from a political standpoint in 1987 when We jumped out there and -- and -- and implemented this law in the first place, rather than taking our times and EPA gcing out there and really assessing our landfill space, oh no, all of a sudden we were in serious trouble and we went out there - in terms of our landfill capacity - and we Went out there and We provided this incentive for these people to go out there and start these incineratar plants. The Vlllage of Robbins and some other conmunities saw this as an opportunity to save a dying community, and they went out there in good Caith and they floated -- they -- E khey found khe developers and they floated these bonds. And let me , tell you this: These bonds -- the people Who are golng to be i financial impacted by these bonds are individuals, are littte I E I I 9 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislatlve Day January l1: 1996 people, senior citizens, people that have saved thelr money over the years through pension funds and other kinds of public funds, and they will be tnpacted if we default if if those vlllages and this developer default on these bonds. We can repeal the Retail Act without -- without destroying these communities. It is not going to stop the development of this plant. Senator O'Malley, you know and I know that the only Way that you could stop it - because you've been trying to stop the development out there: and maybe justtfiably so, for your constituents, because to many of the constituents in the surrounding communities especially are afraid of the impact on tbe envlronment of this incinerator. As a good legislatar - and I'm sure that that's your motivatton - youtre responding to the wlll of your constituency. However, it is your responsibility as a legislator to make sure that you protec: the health, safety and welfare of all of the people of this State. While doing so, representing your people in your community. And I say that you have an opportunity to do that. With this bill, you can repeal this Act and you dondt have to bankrupt Ford Hetghts and Robbtn Ksic> (Robbins) in the process. This bill could be amended. We could take our times. There's no rush to do this today. We're not on a deadline. We just started this Session. So why can't we just settle down, hold this bilt, develop a a a a a a bill that will repeal this Act, which we should , and at the same timez provide some financial rellef to the people that's being impacted so that they Will not tase their investment and you will not further bankrupt an entire community two communities: Robbin <s1c> and Ford Heights? I thlnk this is irresponsible and we have an obligatlon not to do this for political reasons.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Demuzic.
10 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 11, 1996 i i Yes. Thank you very much, Madam Presldent. I would like to ask Senator O'Malley some additional questlons along the same I lines that I -- I posed to him in commlttee. Senator O'Malleyr if I ' - - if I may, you indicate that there is no obligation of -- at all of the State of Illinois with respect to these bonds, either moral or full faith and credit. Under the Act establishkng hone rule 1 powersy have we not granted to home rules the opportunity to issue i bonds for the expliclt purpose of -- of -- of this environmental j project? I
PRESIDING OFFICER: (SENATOR DONAHUE) Senator O 'Malley. 1 SENATOR O 'MALLEY: ; Senator, I do no* know the answer to your question. It's my j understanding that these are revenue bcnds and they do not have I the full falth and credit of the municlpality behind them. I
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzlo. i SEHATOR DEMUZIO : k I Well, Wha: I -- What I think is -- is important to -- to j recognize today, that - and I learned this subsequent to my vote ' i in committee - that there are eleven sucb projects that apparently i had been certified by the Environmental Protection Agency as being eligible to -- apparently to issue bonds under -- under whatever i Section for thls purpose. What concerns me isr is that if there is ; a default, for example, in the area -- in the interest of Rabbins I of three hundred and elghty-five million dollars in total once l they 've fulty extended, it would seem to me that if, in fact, they ' i Were to default, that the State would have an obllgatton not only I to Robbins but also to a1l the other eleven projects that are -- E ' that are currently on this list. And so What -- in fact, what we , i are -- What we have done is we have given unfettered authority to those communities, whether they be home rule or non-home rule, to 11 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGUDAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 1lr 1996 ; 1 1 issue bonds, and whether they are full faith and credlt or moral obligations of the State of Illinois, We Would have, I would thinkr as a result of a court case, the obltgation in every one of those defaults. So I -- I really have some really significant problems with what We ate doing today. I think as a matter of public policy we ought to take this thing out of the record; that we ought to either grandfather in those projects that are -- currently have been certified, particularly those projeets that have been -- bonds have been fssued, and then I think we ought to start talking about whether or not we ought to cap the liabitity that is -- that is to the State of Illinois,whether,again: it be 1 full falth and credit or Nhether it be moral. I think what wedre embarkinq upon here is a tremendous departure from prevlous 1 practices. I think it's pretty well open, and I think that we 1 ought to really take this out of the reeord and really thoroughly discuss What we are about to do here, because things have changed since -- since I learned this morning more abcut this -- about this issue. And I -- I think that this is probably not the proper course for us to embark upon today.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Welch.
Thank you, Madan Presfdent. This ls ane of Ehe most interesting bills we've had here because it reverses a policy of ehe State of Illinois that was put into the 1aw by the envlronmental movement itself. What that policy is, is a policy that incinerating your waste is of a higher priority for the State of Illinois than putting it ln a landfill. That Was twenty years ago. And I think we should ask ourselves: Why did We come up 1 incineratlnggarbage insteadofputting it in a landfill? The 1 reason is, number one, they thought, and they are right, that I 12 STATE OF ILLINOIS 89TH GENEQAL ASSEMMLY j REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January ll, 1996 garbage goinq into an incinerator can be clean enough so that it doesn't spew forth hazardous waste. This article that ?aB passed out by Senator Fitzgerald talks about lnclnerators burning arsenic, cadmium, dioxin, chromium: PCBS, lead, mercuty. . Certainly,ifyouthrow batteriesin there, it's going ko burn j 'em. 1 The thing we need todo istomake sure that thegarbage 1 going tnto the fncinerator itself is clean. We can do khat with a system that separates khe garbaqe before it goes in. I've seen it done out in Rhode Island and out in Connecticut. It's done khroughout the country.We can do ithere ln Illinots. We don't j have to throw the baby out 71th the bathwater by shutting down the incinerator in Robbins. Secondly, what's going to happen if we do close down these incinerators? Well, the trash wtll go into landfills. Where are those landfills? Theylre all downskate. Theylre downstate. So any of you Republicans, including you too, who are up for election this year and are targeted, should not be voking to repeal khis Retail Rate Law, because if you dor youdre pukting out a welcome mat for garbage from Cbicago to cone down to your area. I'd also like ko poink out thak this article khat was passed out says that there are no monetary guarantees that these businesses wi1l not walk away and leave the State of Illtnois holding the bag. The incentives given to these inclnerakors are to be repaid to khe Seate of Illinois. It seems to me that We could fashion a proposal that requires a surety bond by each of these incinerators to make sure khat thak money is repaid. And finally, I think we have to consider the facty whether we like it or not, that khese incinerators ereate jobs. The APL-CIO isn't opposing this bill for no reason at all. There aren't many jobs available,folks. Theseare good-payinq jobsrand weneed them in i the State of Illinois. Those are four good reasons to vote 1 against khis bill. We can make sure that these incinerators are safe. Al1 we have to do ïs requkre better înspections. You know, 13 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January ll, 1996 a few years ago, we passed a bill saylng the EPA had to have an inspector up in the Chicago area to watch what goes on near the Calumet City Landfill. We did that then. The EPA had somebody there. We can do that again with these inclnerators. We can requlre that a State official be there when the garbage is dunped, before it's inclnerated, paid for by the inclnerakor company themselves, but being a State employee. That Would guarantee the safety of what goes into that incinerator. And finally, let ne just say that many of us on this side agree that the Retail Rate Law should be phased outy and we lntend to come up with legislation that Will da just that. Take care of those that are already there. I think we have an obligation under the 1aw to do that. To do otherwise wauld be an ex post facto law that I think would be held unconstitutional by the courts. think if we do that, say we've done enough; we've done our share to build these incinerators; we're -- we've done our -- we've done enough to help with this bill; we've kept cur Word to the people Who have built these incinerators, and let it go at that. So I would urge a No vote and wait for the better legislation that we are going to introduce in the next few weeks. Thank you.
PRESIDING OPFICER: (SENATOR DONAHUE) Further discussion? Senator Cronln.
Thank you, Madam President. Here we go again. We're here in Springfield, the Illinois General Assembly, the land where yes is no and no is yes; what appears is not necessarily what is. Here Ne have Republicans - Republlcans - fighting to renove a big tax break for business, and we've got Democrats fighting to keep that blg tax break in there. There are some questions, and there are some legltimate issues involved here. The subsidy issue is a big one versus private enterprise. Why canft private enterprtse provide this type of mechanism to eliminate our Waste? I believe, 14 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislatlve Day January l1, 1996 ! i and I think the facts are, that there will be litigatlon. The j retroactivity, the default on the bonds - those are -- those are I l i egltlnate issues of concern to a1l citizens of the State of i Illinois. Ultimately the questions are and should be: What are 1 we going to do with a11 the garbage we've got, and is this process I of incineration -- or can the process of inctneration be no less i I harmful than dtsposing of wastes in landfills? I -- I rise to announce my support for this measure, but I also call on the Governor to give us some input and some direction in resolving some of these issues, because I suspect this bill's going to fly out of here. But I do call on the Governor and I do ask that he give his -- exert his leadership when he has the opportunity to do so. Thank you. i
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Carroll.
! Thank you, Madam President, Ladies and Gentlemen of the I Senate. I heard the last speaker call upon the Governor. Well, i yesterday, I heard the Governor's call, and I think we cughk to i have an eraser. I believe the Governor is going to have to change ' i the state of the State. Yesterday he said the issue before i Illinois is job creation. Yesterday he said the state of the I State of Illlnois was good. I suggest to you, Ladtes and ' I Gentlenen, if we do thls, the answer to both of those questions is I the opposite. We will be, in fact, not only loslng some jobs - I some of you may say that's not important - but the state of the 1 S i tate N1l1 now be no good because the Word of the State will now I be no good. That's the issue in the Way thls bill is presented. 1, for one, will join My colleagues on both sides cf the aisle in crafting legislatlon to do away with the issue for the future. ' Maybe Ne should not have done it in the past. The issue is: How do We correc* that? Let us stop thls type of subsldy in the 15 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SEHATE TRANSCRIPT i 68th Legislative Day January l1, 1996 future. What is at stake is the inteqrity of Illinois. We have passed a lav that gave a -- a basis for a bond issue that the Illinois Pinance Authority authortzed and people bought. If the word of Illinois is no good, if we can turn around tomorrow and change the tax base for any bond we have, be it Mcpier -- I mean, Jim Reilly Right as well go back home, forget about anything he wants to do in the future - and that may be fine with me too - I but there's no way you could ever convince anyone that any tax basis for any issue we have done is safe While the General Assembly is in Session. Because we can now, we Will be saying, turn around and say we are cutting the very basis out of the integrity of those issues that were based on 1aw created by the Members of this Body, the Chamber across the way: and the Second Floor The Second Floor's word will be no good. The Third . 1 Floor's word will be no good. Why Would any business come to Illinois on a promise of some form of economlc development if we I 1 noW say We're destroying that? And let's lookatWho getshurt. 1 ' Whogetshurtbydoingthis? Not the industry, from what I'm 1 I hearing fron thetestimony,butthepeoplewhoboughtthebonds. j Andwhoarethey? StateEmployees'RetirementSystem, the State j DeferredConp.System,a11ofthesemutualfundsthatareownedby 1 i retirees or near-retireeswho are dependlng uponthisincome for j their livelihocd. These were tax-exempt bonds bought by these kind of funds. The hit Will be taken by the retirees, the near-retirees. They're the ones who are going to suffer the loss when these bonds are defaulted . There will be an almost four-hundred-million-dollarloss to people who in good faith believed Illinois and said that there wculd be a basts for paying 1 off these bonds. I predict to you that Illinots' General I ( ObllgationBond ratingwLl1 also suffer in the future. I've 1 : talked to bond ratkn: agencies over the years on behalf of i lllinois issues. These ratinqs are based on risk. Why would 16 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY RZGULAR SESSION SBNATE TRANSCRIPT I 68th Legislative Day January ll, 1996 anybody recommend an Illinois bond in the future: when there's an added rtsk because of what this General Assembly xay be about to do? So the only way you undo that risk is to raise the rate: which means all taxpayers in the future w1ll be paying for Ehis actlvity. So I say to the Governor: Get ouk your eraser. this happens and you sign it, the state of the State is not good, If 1 job creation in the future is not good, economic development for Illinois is a thing of the past. ' 1 PRESIDING OPFICER: (SENATOR DONAHUE) j Further discussion? Tom -- excuse me. Senator Thomas Dunn. 1 SENATOR DUNN) ( Thank youe Madam President. Well 1, too, am for a repeal of the Retail Rate Law. It's obvious that this was agood, l well-intended idea thak has gone bad, and I think it's getting 1 Worse today,With a1ldue respect tomy friend,Senakoro'Malley, ( andhisintentions,whichIkhinkheiswell-intended,butIthink 1 this is an invikation for a disaster. Business relied on our 1 . ! skated intenkion. Theyrelledonthebenefitsthatweweregoing j to give then, and noW that theybve made Ehe investment, we're going to pull khe rug out from undern ( eath then and say,''Sorry, 1 ! the millions of dollars that youdve invested, based on our j conduct, is no longergoing tobe there.'' And noW thepeoplewho t boughtthesebonds,the retiredpeople who bought thesebonds, tn 1 good faith, are going ko suffer. And, it's my understanding, that the Deferred Comp. of the State of Illinois has seven million dollars invested in these bonds. These are your fellow employees in the Stake of Illinois whodve sacrificed with their hard-earned l noneye Who put money aside for the future so that they eould enjoy i a -'- a decent Standard Df living. What about those people? They l i say wedre a litiglous society today. Well, if there was ever an I i I invitation to become a more litigious society, it's based on this 1 bill. This bill could be crafted so that We eould avoid suiks, so I 17 STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January l1, 1996 i 1 that We could avolddefaults,andthat'sWhatoughttobedone. 1 Tbisbillshouldbeheld 1 ,andWeshoulda11gettogethertotryto 1 makethebestdealWecanmakeandgetoutofa well-tntentioned, 1 gone-bad setofcërcunstances. 1 '
PRESIDING OFFICER: (SENATOR DONAHUE) Purther discussion? Senator Fitzgerald. j ! SENATOR FITZGERALD: I Thank you, Madam President. As many of you know ? I always oppose subsidies, Whether it's for an individual or a business, . and I Would support the repeal of the Retail Rate Law if for no 1 other reason than it Would repeal a State subsidy for a private j i business. I dOn't believe the State Should be in the business Of 1 picking out the winners and losers in the marketplace in trying to i take the ones that -- the bustnesses it likes and taking taxpayer 1 I dollars to subsidize them . But I know a 1ot of you, particularly on the other side of *he aisle, don't agree 11th my philosophy against business subsidies and you do support some subsidies.But 1 think back. What was the original rationale for the Retail Rate Law? Theoriginalrationale,backin1988:wasthattheStateWas 1 running out of landflll space and that we needed something to -- 1 : 1 we needed to do something with our garbage, and that was the : orlqin of this subsldy for incineration. Well, here we are in 1996 and surprise! The State isn't running out of landfill space. 1 : In fact, we have a third more landfill space than we had in 1988. So the original ratlonale for this law is no longer there. 1 A11 I 1 can see as a ratëonale for a conttnued subsidy is that a lot of i people are going to get very rich very quick by getting taxpayer money funneled to them. Nog:a lotofyou havemade the argument j ! that Somehow the bondholders Who bought these bonds are going to 1 be able to sue theSkate becausewe repealed the subsidy, and I 1 think that's absolutely erroneous. No one has a right to expect I that a State subsidy shall be in place forever. And what happened 1 I 1 18 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ' I 68th Legislative Day January ll, 1996 1 with these bond purchasers or the people who issued the bonds is they got greedy. In an attempt to capture the value of that subsidy for the next twenty years, they issued bonds that, in effect, capitalized the net present value of that twenty-year subsidy, and they already got the money. And the developers of the incinerators have walked away in the case of Robbins with three hundred and eighty nillion dollars. They're laughing al1 the way to the bank. Welk, it's because the guys Who issued those bcnds and the developers got greedy; they took the money and they Went out and raised lt by issuing junk bonds that bore a high rate of interest. And I am told by Senator DeAnqelis that the bonds bore a nine percent rate of interest, but they're tax-free bonds. The tax equivalent yield on bonds like that is somewhere in the neighborhood of fourteen percent. These were junk bonds. They bore a high rate of interest because everyone who bought them had to be compensated for the risk that the State would later repeal this law. And in fact/ it Nas disclosed in the prospectus for the Rcbbins incinerator bonds that anyone who bought these securities was on notice that the State could repeal the subsidy and could repeal the revenue stream for these bonds. So, the junk bond speculators, in many of these big companiesr like Dreyfus, Putnam, Travelers, Prudential, Van Kampen, Merritt - these are big boys I'm talklng about - they knew Nhat they uere gettlng into. When they bought these bonds for thelr junk bcnd portfolios, they knew they were taking the risk that the State would repeal the law . Now, in 1986: the federal government changed laws regarding the depreciation on real estate and a lot of real estate investors lost their money, but those people didn't have a cause of action against the federal government. This is absolute nonsense. If there's a cause of action against anyone here, it's against the issuers of the bonds if they didn 't adequately disclose the risk. 1 Maybe the bond investors thatyouhaveal1talkedabouthavea 1 19 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 68th Legislative Day January ll: 1996 10(B)(5) action against *he issuers in the case of -- I Won't name the names of the underwriters but we a11 know who they were, or we can find out. Maybe those people didn't adequately disclcse the risk and maybe they should be sued. One final thing: I've heard nuch that this was an economic development bill; that we were going to create jobs. Well, in the case of the Robbins Inctnerator, we created -- we're going to create eighty jobs. I Guess what the subsidy amounts to for each of those eighty jobs: I a hundred and eighty-seven thousand dollars per job, per year. Well, why don't we just pick out eighty peapke in the Village of Robbinsv as the Chicago Tribune artiele suggests, and send them I each a hundred and eighty-seven thousand dollars and call that economic development? Maybe the reason is, you don't Want to do that 'cause you wouldn't get the incidental benefit of creating pollution and polluting a11 the surroundlng neighborhoads. I i I don't know. But in any caser this is an excellent billr and Senator O'Malley should be congratulated/ because since the day he came into the Legislature, he has persisted in the face of an army of lobbyists, because there's so much money to be made with thts subsidy; he has persisted , and he's finally got to a vcte: which I hope We wilk win. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Jones. SENATOR JONES: r Thank you, Madan President. Would the -- would the sponsor yield?
PRESIDING OFFICER: (SENATOR DONAHUE) Indicates he'll yield, Senator Jones. SENATOR JONES: I I Senator O'Malleyy you have indicated: during numerous tines on I ! this Floor, your opposition to the construction of the incinerator in the Village of Robbins. Will this bill, to repeal the Retail I I 20 I i ! STATE 0F ILLINOIS 89TH GENEDAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January ll, 1996 Rate Law, impact on that incinerator being built? PRESIDING OFFICER: (SENATOR DONANUE) Senator O 'Malley. SENATOR O 'MALLEY: Senator Jones, I have -- youlre absolutely correct. I have made it perfectly clear to you, indlvidually, and to this Body on numerous occasions where I stood on this issue. In fact, I'm happy to -- to say to you, Senator Jones, that you supported the repeal when it first passed the Senate. went to the House and, unfortunately, languished over there. So let me say thank you for doing that for me. But -- well, please allow me to flnish ny remarks. I have absolukely made ik clear since the day I Walked in here thak khis is an important issue in the 18th Legislative District, as it is in the 19th Ward of Chicago and other areas of the State. Buk notwithstanding that, we must deal with public policy statewide. Ifz as you suggest on the other side of the aisle, that a repeal is appropriate for the rest of the State buk not for the 18th Legislative District or the 19th Ward of Chicagoe then I submit to you thak that's wrong policy, because what's qood for the resk of the Skake is good for my neighborhood and it's good for your neighborhood. PRESIDING OFFICER: (SENATOR DONAEUE) Senator Jones. SENATOR JONES: Wellr from the constituents tn my district who have contacted me regarding this particular issue, khey are under the assumption that by passing this repeal law that thak would -- thak the incinerator would not be built and would not be operating. And that is not so. So again, once aqain, here we have municipalities across this Stake who look to the State, and the State says: ''We want to give some incentives ko create jobs for business development and growth.'' And these individuals, compankes, as 21 i I STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 1l, 1996 well as local nunicipalities, went out and followed the law and issued those bonds. Now, if you were talking about being fair on this issue, you woulddve said to those persons who did such, nokay, we recognize that you did follow the law. Maybe it is a bad idea. Perhaps what we should do is grandfather you in but not kssue any more permits, as suchv'' But to penaltze soneone for following the incentives khat this Body, this State, qave them: I don't think khat is the right thing to do. When you talk about jobs, sure, the Robbins Incinerator has about six hundred eonstruction jobs, and there'd be approximakely nineky permanent jobs at that facility. But that is a poor community; same as Ford Heights. And they look to the State of Illinols for guidance. And when tbe Governor gave that State of the State Address yesterday, he talked about creating jobs. What about all the other incentives tbat we give business in this State, be it Sears moving from Chicago to -- out to Schaumburg, be it the khe Governor talking about giving incentives ko build a big domed stadium in Chicago? But if you cannot keep your word, then youlre going to hurt businesses, be ik the Robbins Incinerator or the Ford Eeights Incinerator, or wherever. So if you were genuinely sincere, then you would look to us and say, OLet's work out a compromise on this issue. Those -- those communities, those companies who looked to the State and followed the law, we will grandfather you in# but we will cap it in tbe future and we will -- and we will repeal :E.'' But don't go retroactîve, saying ''Because you followed the law, we're going to penalize you. '' That's the wronq thing for khe State to do. We plan to introduce legislakion along those linesr to protect those communities, to protect those companies who have followed the law, wbo went out and issued bonds: who have got their permits based on the fact that we said, 'IWe are going to do this for youw'' But when you pull the rug out from then after they follow the law , that's not 22 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 11, 1996 good faith. It's bad for Illinois. It's bad for your district, Senator. It's bad for a1l our districts. And this bill should be resoundingly defeated .
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Seaator Walsh .
Thank you, Madam President. I'm confused by the people who talk about what this -- the passage of this bill is going to cost the State of Illinois. I'm mcre concerned abcut what it's going to cost the State of Illinois this doesn't pass. In the next three years, it's going to cost us flve hundred million dollars in subsidies we don't pass this right now . Those are subsidies which have a payback provision which, at best, ls vague. The right thing to do is to vote Yes on this bill, and would urge everybcdy to do the right thing. Let's stop incineration. People are -- in the -- in the State of Illinois do not want incinerators, and they're angry that they have to pay for 'en . Vote Yes. Thank you.
PRESIDING OPFICER: (SENATOR DONAHUE) Further discussion? Senator DeAngelis. SENATOR DeANGELIS: Thank you, Madam President. I just want to announce that because of a potentlal conflict in interest, I will be votlng Present.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Raica.
Thank you, Madam President and Ladles and Gentlemen of the Senate. To the bill, Madam President: The responsibility to chanqe existing laws that we feel as a Body and that our constituents feel no longer protect Illinoisans is ours, Ladies and Gentlemen. At town meetings and public hearings back home, STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 11z 1996 I and my neighboring legislators have taken a hard position on an j issuethepeopleWhoelectedussaidwasveryimportant and very 1 i emotional to them. Those people will no* accept a compromise, nor ! will they accept any exemptions. Not only will they not accept, I but they will not understand those exemptions, because they do I not, and I repeat do not, accept the fact that the State 1 : subsidizes incineratian. Home ccmmuntties having incinerators may 1 welcome those incinerators or that business to thelr community. j The problen is, is that those netghborinî communities have never i really had a say-so on the effect that those incinerators, or I ; proposed incinerators, are going to have in their areas. I have ! over three hundred letters here, that I received within the last ! week and a halfy from LaGrange and Hlnsdale, Western Springs, l Willow Springs, Indian Head Parkr which are al1 in my district, asking to repeal the retail work -- the Retail Rate LaW because i i they no longer see it fit and feel that it is detrimental to their health, the communities' health, and the safety of their fanllles ' and community. Ladies and Gentlemen, a lot of you made commitments back home at meetings that I attended, whether they ! were in my district or your district, and you made a commitment to j i those people back home that you would repeal the Retail Rate Law I and do whatever ycu can to stop incineration to come to those ! I conmunities. Summit, in my area, Hodgklns -- or,Mccookr in my 1 1 area, have proposed incinerators. In those specific areasr no I i consideration is given to existing pollution of the surroundtng I i buslnesses which are already functioning. That, my friends, has 1 I been a problem . When you go back hone today, you're going to have 1i it difficult to explain to Someone hoW you took a posttion back I home and changed that position here because soneone brought up I I jobs. Jobs is not the issue. Incineration, at this point, is not : *he tssue. The tssue is: Do you and the people back home feel i i the State should subsidize incineration? If you feel as strongly i 24 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGDLAR SESSION SENATE TRANSCRIPT 68th Leqislative Day January 1996 as I do, you 'll be voting Aye on House Bill 1523.
PRESIDING OFFICER: (SENATOR DONAHUE) Further discussion? Senator Hendon.
Thank you, Madam President. am going to voke for this b11l, but I did want to point out, and I -- before I do r I Want to thank Senator Raicay who is a gentleman and a scholar: a veryr very decent person, for standing with me tomcrrow. But find rather ironic, ironic that some of the people who have spcken on b0th sides of thls issue and mention local control didn 't give a darn about my community yesterday on that vote. But I'n going to vote Yes because I'm not a hypocrite. It's just unfortunate that some of us seem quite hypocritical today when they're sayin: no pollution for my community, but pollution for your community yesterdayr Rickey Hendon, was al1 right.
PRESIDING OPFICER: (SENATOR DONAHUE) Purther discussion? Senator O 'Malley, to close.
Thank you, Madam President. I'm going to be as brief as I can be. I do want to cover a couple of issues that were raised durëag the debate on the Floor. First of all, the subject matter of the Illinois policy for soltd waste dtsposal anybody hear of recycling? Recycllng (s not even an the table here. A1l We hear about is the difference between incineration and landfills. The State's policy is recyclingr number one. I'm just gcing to brlefly say this. We have spent more money on -- we will spend more naney on a single incinerator project in this State than we have, since the State's pollcy was adopted, ln either grants or loans for recycling initiatives. Senator Cronin mentioned that or was touching on that in his comments. I'm a hundred percent with him, and we should al1 get on board to do the right thing, by putting our money behind our State's policy in supportin: 25 ' STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRAXSCRIPT 68th Legislative Day January ll, 1996 I r recycling efforts in the State of Illinois. There 's tremendous I interest in this issue across the State, and it's growing . interest. Just about every major newspaper in the State has come I out with a position one way or the other. It's even reached to j the Wall Street Journal. I just want to share With you the i conments of the Chicago Sun-Times, and I'm only going to do their i I editorial in part. Thts was published in December '95: ''Illinois i is on its way to becoming the garbage burning capital of the I nation. ... All this qsicl (of this) is made possible by an I unusual, if not bizarre, state 1aw that gives a generous State I <sic> subsidy to companies, from near and far, to build 1 I incinerators...' And when they mean far, they mean far from I outside the State of Illinois, because there aren't many Illinois j citizens who would do this to their fellow citizens. It goes on I and says, ''Why would the State pass such a stupid 1aw?'' And then l I elaborates on what you al1 decided back in 1987, of you who were I here. I'n not goin: to question that that wasn 't a good idea then, I but it's no longer a good idea. And that's What thls goes on and j says. It says, ''Since then, the subsidy has become obsolete. ... I What basically remains is a policy that enables private I b I usinesses, including large conglonerates and out-of-staters, to i turn a nice profit on the backs of Illinols taxpayers. ... If i inclnerators are a defensible way to dispose of solid waste, khen they should be allowed to succeed or fail on their cwn merits - I without the huge, helping hand'r and these are my conments, of the 1 Illinois taxpayers from one end of this State to the other. Welre all pining away for the poor investors who have decided to somehow 1 invest in high-yield junk bonds. Every Member cf this Body supported Senate Resolution 1012 When it was passed in May of I : 1994 . Here is the conclusion of Senate Resolution 1012: ''...That l i any person or entity affected by a 1aw relating to the I acquisition, continued availability or disbursement of public I 26 STATE OF ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January ll, 1996 monies, is placed on notice that reliance upon or <sic> (the) continued or unamended presence or existence of khat law is unwarrantede'' Ladies and Gentlemen, I sent this resolution to the bond underwriters before the money was sent on the -- was expended on the Robbins Incinerator - before a single bond Was sold. This is what the bondholders placed in the prospectus: and I think lt's important it be in front of this entire Body right now, for khose of you who are concerned about the out-of-state owners or the bond the bond underwriters who maybe didn't do their job right. Quote, ''In recent years, the Illinois Legislature has considered leglslation that would have eliminated the Pacility's right to receive payment at the Retail <sic> (QSWEF) Rate.... No assuranee can be given that such legislatlon will not again be considered for passaqe during the present legislative sessiony. . . or that sinilar legislakion will not be considered by the Illinois leqislature in the future...or khat any such proposed legislakion, if enacted, could noE adversely affect the amount of enerqy revenues for the Facility. Failure of khe Facility to receive revenues in accordance with the Retail <sicl (QSWEF) Rake would dsicl (could) adversely affect the ability of the Facility to produce sufficient revenues to pay operation and maintenance expenses and debt service on the...3onds.'l This was all in front of everybody who decided to buy a bond. It was in front of the taxpayers of the Skake of Illinois: and ik's known -- we al1 know in this Chamber -- there isn't one person in this Chamber who doesn't want to get khe retail rate off the books, but we want to pine away for those special interests from outside the State of Illinois who have been here spending money, knocking on your doors and creating havoc for the citizens and taxpayers of thts fine State. It doesn't end there, Ladles and Gentlenen. The wrongheadedness of this is unbelievable; thak such a law is on the books of the State of Illinois in light of what we know today. 27 STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January l1, 1996 1 : Who, of you over there, ls willlng to go back and tell your taxpayers and your voters and your constituents that you're prepared to take their precious tax dollars to subsidize the burning of out-of-state waste? Not me. And not nost people in this Chamber. It's time to do the right thing. Put this behind I us. Let'sgetoverand tell ourHouse colleagues that it's time 1 to do the same thing. The Governor was absolutely right Yesterday; most people ln Illinois don't Want thenintheir 1 backyards, but it's unequivocally clear that we're not gcing to stand for subsidizing them With our money. Thank you. I'd appreciateyoursupport. 1 ' j
PRESIDING OFFICER: (SENATOR DOVAHUE) The question is, shall the Senate adopt the Conference Committee Report on House Bill 1523. Those in favor will vote Aye. Opposedr Nay. Andthevotingisopen. Havea11votedWho wish? Have a1l voted who wish? Have al1 voted who wish? Have j all voted who wish? Take the reeord. On that questlon, there are 33 Ayesr 10 Nays, 14 voting Present. The Senate does adopt the ConferenceConmitteeReportonHouse Bill 1523, and khe bill, having received the required constitutlonal majority vote, is 1 ' declared passed. Messages fron the House. !
A Message from the House by Mr. McLennand, Clerk. ! Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the -- has adopted the following...
PRESIDING OFFICER: (SENATOR DONAHUE) Whoop. Excuse me. Sorry about that. Senator Demuzioe your light's on. I SENATOR DEMUZIO: 1 i I just Wanted the recard to reflect that we have two Members that are absent today, Senator Shaw and Senator de1 Valle. I : 28 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRfPT 68th Legislative Day January ll, 1996 : 1 PRESIDING OFFICER: (SENATOR DONAHUE) I Oh! Sorry. I thought you had something to do With the last thing. Senator Trotter, can -- something wait -- future? Excuse me, Madam President Isic>, go ahead. ACTING SECRETARX HAWKER: I'm directed to inform the Senate that the House of Representatives has adopted the following jolnt resolution, in the adoptlon of which I'm instructed to ask the concurrence of the Senate, to wit: House Joint Resolutlon 80. (Secretary reads HJR No. 80) Adopted by the House, January ll, 1996. PRESIDING OFFTCER: (SENATOR DONAHUE) If I could have your attention for just a second pleaser folks. If you would be in your seats, Ne have one more order of business that we need to take care of. So just please get back to your seats and we 'll get to thatr and we lll send you on your way very shortly. Senator Lauzen moves to suspend the rules for the purpose of the immediate ccnsideration and adoption of House Joint Resolution 80. Those in favor will say Aye. Opposed, Nay. The Ayes have it. The rules are suspended . Senator Weaver. SENATOR WEAVER: Madam President, I -- I think that everyone should realize we're comlng back on the 23nd at noon. It doesn't say kn tbe resolution noon, but we -- we w11l be back on the 23rd at noon. PRESIDING OPFICER: (SENATOR DONAHUE) Senator -- Senator Weaver has moved the adoption of House Jolnt Resolution 80. Those in favor will say Aye. Opposedr Nay. The Ayes have itr and the resoluticn is adopted. Senator Geo-Karls, I forwhatpurposedoyourise? 1 SENATOR GEO-KARIS: i I Madam President,a pointofpersonalprivllege. I'm... 1 I 29 1 ' L -. . - . . . STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 1l, 1996
PRESIDING OFFICER: (SENATOR DONAHUE) State your point.
delighted to havey the President's Gallery, David DeRue, who is a student at the University of Illinois. He is my ccnstltuent from Lake Villaz Illinais, and I would like you to welcome him here.
PRESIDING OFFICER: (SENATOR DONAHOE) Will you please rise and be recognized? Welccme by the Senate. Consent Calendar. We will now proceed to -- proceed to the Order of Resolutions Consent Calendar. With the leave of the Body, akL those read tn today will be added to the Consent Calendar. Madam Secretary, have there been any objections filed to any of the resolutlons?
There have been no objeetions filed, Madam President.
PRESIDIHG OFFICER: (SENATOR DONAHUE) If notr the question is, shall the resolutions on the Consent Calendar be adopeed. Al1 those in favorr say Aye. Opposed, Nay. The motion carries and the resolutions are adopted. Again, if could have a1l Members please be in your seats. We Will go to the Order of Resolutions. Senate Resolution -- it's a death resolutlon, and it's sponsored by Senator Jones. Senator Cullerton.
Thank you, Madam President. I've made thts poin: before, and I'd like to make it agaln. would like to ask, as a Member of the Rules Commlttee, that we could nct meet right now and wait unttl after the death resolution is -- is had.
PRESIDING OFFICER: (SENATOR DONAHUE) I'm sure that's very much in order. A1l Menbers are being asked to be in their seats, so Rules will meet immediately 30 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 11, 1996 I following. Willthestaffpleaseretiretothegallery:andWill the doormen please secure the doors. Senator Jones has moved to 1 ' suspend the rules for the purpose of the immediate consideration and adoption of Senate Resolution 137. Those in favor will vote -- say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Madam Secretary, please read the resolution.
Senate Resolution 137, offered by Senatcrs Jones, Philip and all Members. (Secretary reads SR No. 137)
PRESIDING OFEICER: (SENATOR DONAHUE) Senator Jones.
Thank your Madam Presldent. We a11 mourn the loss of our former colleaguer our officer, Secretary of the Senate, Kenneth Wright. I had the pleasure of meeting hin when I served in the House, and durtng those tlnes when we Members would ccme over to the Senate and discuss legislation, We -- we came in contact with Kenny Wright. He was always a person who was fair, open and willing to aid and assist you. When I came to the Senate in 1983, he is the person Who aided and assisted ne in knowing the functions of the Senate, the upper Chamber. He was a nice, decent man. He was a person whom every Member who served here loved him very much, because of his fairness. It is a great loss to Illinois. It's a great loss to this Body. We are -- deeply mourn at his passing. I see hls lovely daughter sittlng here ln the front seat, Rhonda, who also is a State employee. But Kenny Wright was that kind of a person. He was the kind of person who would go out of h1s way to ald and assist the Members. He served with distinction and it's a great loss to this Body: and I know we a11 mourn his passing . PRESIDING OFFICER: (SENATOR DONAHUE) I 31 STATE OF ILLINOIS 89TH GENERAL ASSZMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January 1996 Senator Weaver.
Thank you, Madam Presldent. It was my privilege to serve With Eenny Wright throughout his term as Secretary of the Senate. And let me say, he was an asset to both his party and to our party. Every Member received the courtesies of his office and he served this Senate falthfullyy and wetll a1l miss him. Thank you.
PRESIDING OFFICER: (SENATOR DONAHUE) Senator Demuzio.
Thank you very much, Madan President. Rhonday Want to again express my sympathy to you and to the family on the loss of Ken. Alsor when I received notice of Kenls death, I lmmediately called Senator Rockr uho I know wanted to be informed of -- of his passing. And as I recall the -- Senator Rock had asked to express sympathy to the familyr and I think he has done so by Writing to to Sue. Also yesterday -- or at least at that time, I had was trying to reach Senator Donnewald toor who was a good friend of -- of Ken, and yesterday I had an opportunlty to talk to Senator Donnewald and Senator Joyce, who are out of state, and they wanted to -- me to express to the -- to you and to the family their sympathy on the loss of -- of Ken. I've known Ken Wright for over thirty years. Senator Weaver is perhaps the only Member of the Senate today that is sitting that wasz in fact, here as a sitting Member durin: the entire term of Ren Wright. Perhaps Senator Carroll, as well. But came here in '74, but I remember Ken back in the Secretary of State's Office when he was in Motor Vehicles and a number of us who Were with him during during those days. I know Al Bietsch, behind me, was -- was one that we had the opportunity to work with, with Ken during those days. Ken rettred tn 186. He was very much a person Who loved thës Senate. He loved to be around people. He loved managing the business here 32 STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January l1, 1996 and khe hustle and bustler and he did so for over fifteen years, but he also was a person Nho was looking forward to enjoying the i remainlng parts of his life in -- in retirement. Ken was a good friend, a loving father, a family man. We know that he had a tough sleddtng there during the last part of his life, and as a matter of fact, I -- I wish the day of -- of the attendance of his funeral that it would have been a better day, but it Wasn't. And, Rhonda, I don't know how you managed to sing the songs of -- to your father that day, but I admire very much the fact that you toak the responsibility to do that. He will be sadly missed by his familyr his frtends and all the Members of this Senate, and we shall always fondly remember and love h1m for the service that he gave to both the Senate and to the State of Illinois. Thank you. PRESIDING OFFICER: (SENATOR DONAHUE) Senator Smith. SENATOR SMITH : Thank you: Madam President and Members of the Senate. I Nish to stand and speak of Kenny on behalf of my late husband, Senator Fred Smith, who served in these Chambers and was a great friend of Kenneth -- Kenneth Wrlght. I can remember him when I used to prance into this -- these Chambers and I used to see him at his role workingr and you could always see him with a broad smile, regardless of what the situation was. He was a man of pride. He was a man of patience. He Was a man -- a gentleman par excellent, and he had great patience. And so I can only say, and to hls daughter, and to thcse wha have gone on and who were prëvileged to serve with h1m while he was here in tbese Chambers, that he too like the man Who lived in the house by the side of the road and was merely a friend to man, Cod bless him and God blessr you, my darling. k i I PRESIDING OFPICER: (SENATOR DONAHUE) Senator Jones moves the adoption of Senate Resolutlon 137. 33 l STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 68th Legislative Day January ll, 1996 A1l those in favor of thls resolutionr please rlse. Resolutlon is adopted. That dces conclude our business for today. We Will be adjournlng after Rules meets. ...Reparts.
Senator Weaver, Chairman of the Coqmittee on Rules, reports that the follcwing Legislative Measures have been assigned to committees: Referred to Appropriations Conmittee Senate Bill 1260, 1261, 1262 and 12637 Referred to the Commerce and Industry Committee - Senate Bill 1242) Referred to the Environment and Energy Committee Senate Bill 1259; Referred to Executlve Committee Senate Bill 1245; Referred to the Judiciary Committee Senate Bills 1251 and 12687 Referred to the Publlc Hea1th and Welfare Committee House Joint Resolution 46; Referred to the Revenue Conmittee - Senate Bill 1250 and Conference Committee Report No. to House Bill 1787.
PRESIDING OFFICER: (SENATOR DONAHUE) Introduction of Bills.
Senate Bill 1278, offered by Senator Geo-Karis. (Secretary reads title of bill) Senate Bill 1279, offered by Senators Madigan, Burzynski and Peterson. (Secretary reads title of bill) Senate Bl1l 1280, offered by Senators Parkerr Fawelly Karpiel and others. (Secretary reads Ei*le of bill) Senate Bill 1281, offered by Senators Parker, Fawell, Karpiel and others. (Secretary reads title of bill) Senate Bill 1282, offered by Senators Parker, Fawell, Karplel and others. (Secretary reads title of bill) 34 i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 1 68th Legislative Day January ll, 1996 I 1 senate Bill 1283, offered by senators parker, Fawell, Karpiel i and others. ; (Secretary reads title of bill) E I senate ni11 1284, offered by senators Karpiel, Fawell, Parker i ! and others. (Secretary reads title of bill) Senate Bill 1285, offered by Senators Parkerr BcWles, Karpiel and others. (Secretary reads title of b1ll) Senate Bill 1286, offered by Senators Parkerr Fawell, Palmer and others. (Secretary reads title of bill) Senate Bill 1287, offered by Senator Donahue. (Secretary reads title of bill) Senate Bl1l 1288, offered by Senators Rlemm and Trotter. (Secretary reads title of bill) 1st Reading of the bills. PRESIDING OFFICER: (SENATOR DONAHUE) Any further business to come before the Senate? Pursuant to the adjournment resolution, the Senate will stand adjourned until noon on January 23rd. And I Would repeat, noon on January 23rd. Senate stands adjourned. 35 i REPORT: TIFLDâY STATE OF ILLINOIS 96/10/07 PAGE: 001 89TH GENERZL ASSEHBLY 13:)4:2k SENATE DAILY TRANSCRIPTION CF DEBATE INDEX JANDARY 11, 1996 H8-1523 CONFERENCE H8-1523 CONFERENCE H8-1523 OUT OF RECORD 58-1269 FIRST READING SB-12T0 FIRST READING SB-1271 FIRST REâDING 58-1272 FIRST READING SB-12T3 FIRST READING SB-127R FIRST READING 58-1275 FIRST READING 58-1276 FIRST REZDING SB-12T7 FIRST READING SB-1278 FIRST READING 58-1279 FIPST HEADING SB-1280 FIRST READING SB-1281 FIRST REâDING 58-1282 FIPST REZDING 58-1283 FIRST READING SB-128k FIRST READING 58-1285 FIRST REâDJNG 58-1286 FIRST READING SB-1287 FIRST REZDING 58-1288 FIRST READING SR-0137 ADOPTED SR-0137 RESOLUTION OFFERED HJR-0080 ADOPTED HJR-0080 RESOLUTION OFFERED SUBJECT MATTER SENâTE TO ORDER-SFNATOR VEAVER PAGE 1 PRAYER - THE REVEREND LONNIE H. LEE PâGE 1 PLEDGE OF ALLEGIANCE PAGE 1 JOURNâL - POSTPOjED PAGE 1 COMHITTEE REPORTS PâGE 1 INTRODUCTION - SENATOR LAUZEN PAGE 2 GUEST SPEZKER - HISS ILLINOIS, B. PRZYBYCIEV P2G6 3 SEMATE STANDS IN RECESS PAGE tl SENATE RECONVEMES PAGE k HESSâGE FRCH THE HOUSE PâGE 28 RESOLUTIONS CONSENT CâLINDAR - ADOPTED PZGE 30 COHMITTEE REPORT PAGE 3% ADJOURNHENT PZGE 35