Illinois Senate Floor Debate — December 4, 1996

(Prayer by Pastor David Cox) I

Will you please remain standing for the Pledge of Allegiance. Senator Sieben.

(Pledge of Allegiancep led by Senator Sieben) :

: Reading of the Journal. Senator Butler. :

Mr. President, I move that reading and approval of the Journal of Tuesday, December the 3rd, 1996, be postponed, pending arrival of khe printed Journal. PRESIDENT PHILIP: i I Senator Butler moves to -- to postpone the reading and the approval of the Journal, pending the arrival of the printed transcripts. There being no objections, so ordered. Committee Reporks.

I Senator Croning Chair of khe Commitkee on Education, reporks ! i House Joint Resolution 75 Be Adopted, as Amended; Senate Amendment 4 to House Bill 207 Be Adopked; Senate Amendment 4 to House Bill 995 Be Adopted. Senator Butler, Chair of the Comnittee on Commerce and Industry, reports House Bill 2595 Do Pass, as Amended. I

l  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4: 1996 Messages.

A Message from the President, dated December 4th, 1996. Mr. Secrekary - Please be advised I have replaced Senator Walter Dudycz on Senate Rules Conmittee With Senator Doris Karpiel, effective immediately . Signed by President Philip.

Messages from the House.

Message from the House by Mr. McLennand, Clerk. Mr. President - I am directed to inforn the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1186, together with the following amendments, which are atkached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendments l and 2. Passed khe House, as amendedg December 3rd, 1996.

Resolutions.

Senake Joint Resolution 117, offered by Senator Maitland. It 's substantive. Senate Resolution 265, offered by Senator Clayborne and al1 Members. And Senate Resolutions 266, 267, 268 and 269, all offered by 1 i senator Demuzio. : They'real1deathresolutions,Mr.President. l PRESIDENT PHILIP: i i Consent Calendar. There's been a request from Channel 3, Channel 17, WBBM, Channel 32, WICS-TV to tape the proceedings. Is 2  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT i 119th Legislative Day December 4, 1996 leave granted? Leave is granted.

PRESIDING OFFICER: (SENATOR DeANGELIS) ... page 4 of today's Calendar is the Order of Motions in Writing to Accept the Specific Recommendations for Change of House I Bills. House Bill 2406. Senator Dillard. Read the motion, Mr. Secretary. I

I move to accepk the specific recommendations of the Governor as to House Bill 2406, in nanner and form as follows: ! Amendment to House Bill 2406 in Acceptance of Governor's Recommendations ! Filed by Senakor Dillard.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Dillard.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a motion to accept Governor Edgar's specific recommendations for change to a bill dealing with primarily the University of Illinois ak Chicago. This bill allowed the University some flexibility to take some thirky acres of land adjacent to its Chicago Campus to expand and develop over time that great institukion to the north. And the Governor thoughk the bill was drafted, perhaps, a little overbroadly, and he narrowed khe bill to his liking and -- and actually drew down the powers of ! the University of Illinois. I'd be happy to answer any questions, but I recommend that we accepE khe Governor's specific recommendation for change to House Bill 2406. !

PRESIDING OFFICER: (SENATOR DeANGELIS) The queskion is, shall the Senate accept the speeific recommendations of the Governor as to House Bill 2406, in the form i : and manner just stated by Senator Dillard. Those in favor will vot;e Aye. Those opposed will vote Nay. The voting is now open. 3 ! i STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 Light's not on, pal. Have a11 voted Who Wish? Have a11 voted Who wish? Take the record. On that questiony there are 58 Ayesp none voting Nayr none voting Present. The specific recommendations of the Governor as to House Bill 2406, having received Ehe required I constitutional majority votes of Senators elected, is declared I ! accepted. Paqe 2 of koday 's calendar is House Bills 3rd Reading. l ; We will return to that order of business for the purpose of recalls. Senator O'Malley, do you wish House Bill 207 to be returned to 2nd Reading for purposes of an amendment? Take it out of the record. Senator Croninr do you wish House Bill 995 to be returned to 2nd Reading for the purpose of an amendment? Senator - - out of the record. On page 2 of today's Calendar is the Order i ! E of House Bills 2nd Reading. Senator Parker, on House Bill 365, do you Wish the bill read? Read the bill, Mr. Secretary. SECRETARY WANRY: House Bill 365. (Secretary reads title of bill) I 2nd Reading of the bill. The Commikkee on Judiciary adopted one ! amendment. : k i PRESIDING OFFICER: (SENATOR DeANGELIS) ' i Have there been any Floor amendments that have been approved for considerakion? SECRETARY NANNY : No further amendmenks reportedz Mr. President. PRESIDING OFFICER: (SENATOR DeANGELIS) I 3rd Reading. Senator... Senator Philip, on House Bill 445 I (sic), do you wish the bill read? Read the bill, Mr. Secretary. i SECRETARY WANRY: House Bill 444. (Secretary reads title of bill) 2nd Reading of the bill. The Com ittee on Executive adopted Amendment No. 1. 4 !  STATE OF ILLINOIS 89TH GENEKAL ASSRMRLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996

PRESIDING OFPICER : (SENATOR DeANGELIS) Have there been any Floor amendments that have been approved for consideration?

No further amendments reported.

PRESIDING OFFICER : (SENATOR DeANGELIS) 3rd Reading. Senator Dillardz on House Bill 1131. Read the bill, Mr. Secretary.

Eouse Bill 1131. (Secretary reads title of bill) 2nd Readinq of the bill. No com ittee or Floor amendments.

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Senator Woodyard, on House Bill 2963. Read the bill. Mr. Secretary.

House Bill 2963. (Secretary reads tikle of bill) 2nd Reading of the bill. The Colnmiktee on Agriculkure and Conservation adopted Amene ent No . 1.

PRESIDING OFFICER: (SENATOR DeANGELIS) I'lave there been any Floor amendments that have been approved for considerakion?

No further amendments reported, Mr. President.

PRESIDING OFFICER: (SENATOR DeANGELIS) 3rd Reading. Com ittee Reports.

Senator Weaver, Chairman of the Committee on Rules, reporks that the following Leglslative Measures have been assigned: Refer to Executive Committee - Motion to Concur to House Amendments l and 2 to Senate Bill 1186; refer to Judiciary Committee - 5  STATE OP ILLINOIS 89TH GENERAL ASSEMALY REGULAR SESSION SENATE TRANSCRIPT I 119th Legislative Day December 4, 1996 ! ! Conference Committee Report No. l to Senate Bill 14597 refer to Local Governmenk and Eleckions Commikkee - Senake Joint Resolution I 117; refer to State Government Operations Committee - Conference E Committee Report No. l to House Bill 16537 and Be Approved for Consideration - House Bills 999 and 3695. !

PRESIDING OFFICER: (SENATOR DeANGELIS) o.. what purpose does Senator Peterson seek recognition? ! 1 SENATOR PETERSON: : Thank you. Mr. President. A point of personal privilege.

PRESIDING OFFICER: (SENATOR DeANGELIS) i Stake your point, Senator.

IId like to introduce two county board members from Lake l County, Judy Martini and Dianna O'Kelly, who are visiting us today, are going to be in a commiktee meeting. We'd like the I i Chamber to welcome Ehem.

PRESIDING OFFICER: (SENATOR DeANGELIS) I ...paqe 3. Senator Clayborne, for what purpose do you seek l recognition?

I rise for personal privilegep to announce that one of our ; most stately Senators, colleagues, today is his birthday: Senator C Bill O'Daniel. I i

PRESIDING OFFICER: (SENATOR DeANGELIS) Heyl Would you like tö say a few words, Senator olDaniel, to show us the wisdom of your age? On page 3 of the Calendar, khe i Secretary's Desky Non-concurrence on House Bills. Senator Syverson, on House Bill 2702? Read the bill, Madam Seeretary. I ACTING SECRETARX HAWKER: i Senate Amendments 2, 3 and 4 ko House Bill 2702. PRESIDING OFFICER: (SENATOR DeANGELIS) I Senator Syverson I . i i ! 6  STATE OF ILLINOIS 89TH GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT r i 119th Legislative Day December 4, 1996 I

Thank you, Mr. President. I'd like to refuse to recede on Amendments 2, 3 and 4, and ask for a conference committee on that.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Syverson moves that the Senate refuse to recede from the adoption of Senate Amendments 3 and 4 on -- 2 and 3 (sic) on House Bill 2702, and that a committee on conference be appointed. Al1 those in favor, say Aye. Opposed, say No. The Ayes have it, and the motion carries and the Secretary shall so inform the House. On the same order of business is House Bill 2918. Senator Peterson. ...the billy Madam Secretary. Take it out of the record. For what purpose does Senator Hawkinson seek recognition?

For purposes of an announcement, Mr. President.

PRESIDING OFFICER: (SENATOR DeANGELIS) State your announcement, Senator. SENATOR EA i WKINSON: Mr. President, the Senate Judiciary Committee Will meet at 2 ofclocky in Room 400. That's 2 o'clockp in Room 400. It should 1 be a short meeting . There's only one item of business. PRESIDING OFFICER: (SENATOR DeANGELIS) ! Senate Judiciary at 2 o'clock, in Room 400. Thank you, I Senator Hawkinson. Senator Sieben.

i Thank you, Mr. President. I rise on a point of personal privilege and for the purpose of an announcemenk.

PRESIDING OFFICER: (SENATOR DeANGELIS) Stake your point and your announcement. ! i SENATOR SIEBEN J On a point of personal privilegez I'd like to introduce today the skudents from NewRan High School, in the government class at 1 i Newman High School in Sterling, Illinois. They dre on khe I ! 7  STAQE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION ! SENATE TRANSCRIPT i 119th Legislative Day Decenber 4, 1996 Democratic side of the gallery, and their instructor, Jerry and Pat Stanley, are With them. I'd like khen to be recognized. I

PRESIDING OFFICER: (SENATOR DeANGELIS) Will our friends please stand and be recognized? Welcome to Springfield. Senator Siebenv !

Then secondlyp Mr. President, for the purpose of an announcement. The State Government Operations Committee Will meet at 2 o'clock today, in Room 212. So the Members of the State ! Governmen: Operations Committee will meet, and we have one item to consider, at 2 p .m., in Room 212.

PRESIDING OFPICER: (SENATOR DeANGELIS) Skaee Government, 212, 2 o'clock. Senator Karpielw for what purpose do you seek recognition?

Thank you, Mr. President. Simply to announce khak khere will be an Executive Committee meetin: in Room 212, at 2:15. 2:15, ' Room 212, Executive Committee.

PRESIDING OFFICER: (SENATOR DeANGELIS) Thank you, Senator Karpiel. Senator Mahar.

Thank you, Mr. Presidenk. For the purpose of an announcement. The Senate/House Joint Commitkee on Electric Utility Regulatory C Reform will have tts final neeting ak 3 o'clock, in Room 400.

PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Geo-Karis. SENATOR GEO-KARIS: i Just to remind the -- the Committee Members of the Special Select Commlttee, Mr. President, on Boat Safety, we're meeting immediately after we recess this morning, in Room 212. !

PRESIDING OFPICER: (SENATOR DeANGELIS) Senator Donahue, for e at purpose do you rise? I 8  STATE OF ILLINOIS 89TH GENZRAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT I 119th Legislative Day December 4, 1996

Well, thank you, Mr. President. I would like to call for a I 1 Republican Caucus - a Republican Caucus - immediately in Senator pate Philip's Office.

PRESIDING OFFICER: (SENATOR DeANGSLIS) Senakor Palmer, for what purpose do you rise?

Thank you, Mr. Presldent. A point of personal privilege. i PRESIDING OFFICERZ (SENATOR DeANGELIS) State your point, Senator.

Senator, since this is my last few days here in the Senate, I i ask your indulgence to say a few brief remarks in parting. Thank you. Politics is a roller-coaster ride, and for me the ups have r been grand and the downs have been instructive. I want to thank all of you in the Senate, the Senate Members, for your i collegiality and even for the battles, When they led to some responsible and just laws. I want to make a special thanks to the ! Senate staffs on b0th sides of the aisle for your professionalismy to the people who work behind khe scenes and to my own stellar d staff. Bev, Connie and Markin, you are all terrific. There is a saying that khose who don't do politlcs will have politics done to j l then. So expect me to eontinue to do politics, in one fashion or another. I thank you all very much. PRESIDING OFFICER: (SENATOR DeANGELIS) ! SenatozCollkns. t !

Thank you. Senator, in response to the Executive Com ittee announcement, I -- I tried to get your attentlon inmlediatelyr but ! - - Senator Karpiel, I don't understand how, With an issue of this magnitude, will the people from the City of Chicago and those who i are involved, the pros and the cons, will get here in an hour 9 ! STATE OF ILLINOIS 89TH GENENAL ASSIMNLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 l i notice to teskify in committee on khis bill. That is just unfalr, 4 1 and that most certainly is not democratic -- with the democratic I process here. I think itls at its worst when we know how ! controversial and how Ruch this issue means to the City of l I Chicago, and also to those who are opposing, ko not allow them the 1 opportunity to come down and testify in a committee. This is ' unfair and we should wait until such time that this bill is given the -- the posted and required notice, and so that people can come down and testify. ! PRSSIDING OFPICERJ (SENATOR DeANGELIS) : Senator Geo-Karis. SENATOR GEO-KARIS: Mr. President, on a point of personal privilege. PRESIDING OFFICER: (SENATOR DeANGELIS) State your point. SENATOR GEO-KARIS: Mr. President and Ladies and Gentlemen of the Senate, I'd like ko say khat it's been a pleasure working with Senator Alice Palmer: and we will miss you, and I wish you the best. PRESIDING OFFICER: (SENATOR DeANGELIS) ' Senator Bowles. SENATOR BOWLES: Thank you, Mr. President. I rise for a point of personal ' privilege. : PRESIDING OFFICER: (SENATOR DeANGELIS) ! State your point, Senator. ! SENATOR BOWLES: 1, koo, Want to join in saying that Alice will be missed. She ' has been a tremendous menkor for ne during my term here in the Senate. In additlon, I would like to tell you that I have a young lady, who is a freshman at the Collinsville High School, who is ' serving as a Page today. She is accompanied by her mother and her I I 10  STATE OF ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 119th Legislative Day December 4, 1996 grandmother, who are in the president's balcony. I would like to I ; have them stand, please. !

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Severns. !

! Thank you, Mr. President. I also rise on a point of personal privilege. I would like to add...

PRESIDING OFFICER: (SENATOR DeANGELIS) State your point. SENATOR SEVERNS: ! . .. my partinq words to Senator Alice Palmer as well, a dear friend and a great public servant. I know that al1 of us have had the opportunity to work with nany people in -- in the public and political arena, but I khink it's only once in a great while someone comes alon: who makes an impact indelible in our memory in terms of their comnitment and compassion and courage in the -- in the arena. And I think Alice Palmer, as Well as anyone I know, represents the words of John Buchan when he wrote that politics is still the greatest and most honorable adventure; that public service is the crown of a career. He cerkainly had to have someone like Alice Palmer in mind when writing those words. Wedll miss you dearly, and we will invite you to continue, as you said you would, your involvement in the political arena. Alice, youdre fantastic. Thank you.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Trotter. Senator Trotter. i

Hello? Thank you. Yes, 1, koo, want to just add my voice to saying good-bye, from this venue, to one of my good friends. . Unlike many of you here: I can truly say that I've known Alice on ! -- on different kinds of fields and on different venues. Alice replaced anokher good friend of mine when she became a Senatorp ; 11 I STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT : 1 119th Legislative Day December 4, 1996 Richard Newhouse. So as I -- When I served in the Housee Alice was my Senator. So I -- I proudly say khat she has represented i not only the constituents of Illinoisz but she has done me proud as been -- in having been my Senator. I'n not going to belabor thls, because tomorrow morning I1m gotng to ask everyone in this ! General Assembly to join With the Illinois Legislative Black Caucus as We honor Alice Palmer at a breakfast over at the St. ' Nick Hotel. So We Will have food;we will have people who will be I ; giving additional accolades, and -- and please -- and just be good to our -- our departing friend from this Chanber. So that's tomorrow morning, at 8 ofclock. Everyone is invited to St. Nick Hokel, which is at Sixth and Jefferson, to have breakfast with our ! friend, Senator Alice Palmer. I PRESIDING OFFICER: (SENATOR DeANGELIS) ! What time is that, Senator? ! SENATOR TROTTER: Eight o 'clock in the morning. 1 . . PRSSIDING OFFICER: (SENATOR DeANGELIS) 1 Senator Molaro. Senator Molaro. SENATOR MOLARO: I Thank you -- thank youy Mr. Presidenk. Just briefly on a point of personal privilege. I , PRESIDING OFFICER: (SENATOR DeANGELIS) I state your point, senator. ! SENATOR MOLARO: I i I just wanked to say When -- the short time I've been here, the four years I've been heres you try ko learn a lot that first I I E term , and Ilve learned about decorum, respect, intelligenceg th I oughEfulness and insightfulness from no one more in this room ! than Senator Alice Palmer. I made sure that every timep no matter I I what the conversations Were going on, and I know it's hard to hear ; over the din, every time she spoke, I listened. And I learned 12  STATE OP ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSQRIPT 119th Legislative Day December 4, 1996 ! from that, because when she spoke, it was eloquent, from the : heart: and for the good of the people of the State of Illinois, as well as her district. And we don't know how much we're going to miss her until she is gone. Thank you. PRESIDING OFFICER: (SENATOR DeANGELIS) i Senator Peterson. Senator Peterson, for what purpose do you ! seek recognition? SENATOR PEQERSON: ! Polnk of personal privilege... !

PRESIDING OFFICER: (SENATOR DeANGELIS) Skate your point, Senator.

Mr. President. As the Chairman of the Revenue Committee, .. . working with Senator Palmer has been certainly a pleasure. As the Minority Spokesperson on thak commikteee she's brought intelligence, wit and, also, insight to a committee khat can be kind of dry at some times. And I -- I will miss her, and I hope khat the -- the Democratic side has somebody that's just as outstanding to take her place, because she did a great job. With Godspeed, We wish you well.

PRESIDING OFFICER: (SENATOR DeANGELIS) Senakor Garcia.

Thank you, Mr. President. I rise for a poink of personal ! privilege. PRESIDING OFFICER: (SENATOR DeANGELIS) ! State your point, Senator. I

Mr. President, I would be remiss if I didn'k publicly, before my colleagues, join khem in their accolades of ny friend, Senator I : Alice Palmer. My arrival ko this Body was made that much more easier knowing thak she would be here and knowing that she is one I 13  STATE OF ILLINOIS 89TH GENSRAL ASSEMBL; REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 and has been one of our best teachers in thts Body. Always showing us how to be really deliberative, hoW to rise and nake points without becoming personal. Always sticking to principle and to substance. And I want to applaud her for her contributions to the people of the State of Illinois. And I also look forward to working With her in the future, because she Will continue to be a great advocate for the rights of poor people and Working people, and good people everywhere. We just want to say thank you for having been here with usr Alice. :

PRESIDING OFFICER: (SENATOR DeANGELIS) Senakor Hendon. SENATORHENDON: j Thank yous Mr. President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR DeANGELIS) State your point, Senator. SENATOR HENDON; 1, toor rise in commendin: Senator Palmer for the work that 1 she has done. But I came to this Chamber with Senator Garcia, and I remember When I left City Councilr everybody gok up and àied and said what a great statesman I was, and hoW much they were going to miss me and how sad they were to see me move on. And even my 1 enemies, who haeed my guks, lied and said how wonderful I was. And they also got up and lied about Senator Garcia and how much they loved him. This is the first time I've seen a politician leave a Chamber and everything that people rose up and said vas the truth and no one lied and kried to sugarcoat it or anything. But I'm mad at Senator Palmer, because this is the second time that she's leaving me. She knows I'n upset. I enkered into politics with her as a Democratic Committeeman. She left there; she Was not defeated. She's leavtng this Chamber wtthout being defeated, beeause I believe she could never have been defeated in an election. Senator Palmer is a great, dear friend of mine. I l 14  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATC TRANSCRIPT ll9eh Legislative Day December 4, 1996 I know I will be seeing her and working with her again, and so Will ! you. And I just wanted to rise to say I thought we would do this t I onorrow, Alice: but I guess we're doing it today, so I'm : unprepared. I didn't bring my handkerchief, so 1111 hold back the l tears. And I will say that, some of you who are leavin: this I Chamber, I will not :et up and lie tomorrow and say how much I love you and I'm going to miss you, but I am going to say it to I Alice because I mean it sincerely. God bless. ë

PRESIDING OFFICER: (SENATOR DeANGELIS) Senator Jones. SENATOR JONES: ! Yeah, thank you, Mr. President. A point of personal ! privilege. !

PRESIDING OFFICER: (SENATOR DeANGELIS) State your point: Senator. I SENATOR JONES) ! Yes. 1, koo, would like to rise and wish my colleague, a Member of our Caucus, well. She has been a person who has broughk I 1 a lot of intellect to this Chamber, as well as our Democratic Caucus - her new, fresh ideas as to how we do things for the people of the State of Illinoisr her insight as it relate to E education, her insight as it relate to revenue flow. She has been one who has been an asset to this Body, to the people of ehe State of Illinois. We a11 wish you wellg Alice, and we look forward to i workin: with you in -- in the future on your many great endeavors. ! And as you so eloquently pointed out many times: If you don't do politiese politics will be done to you. And you keep up the good I work. God bless you.

PRESIDING OPFICER: (SENATOR DeANGELIS) The Senate Will stand in recess till the call of the Chair. j ! 15  STATE OP ILLINOIS 89TH GENEPAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 (SENATE STANDS ZN RncEss) (SENATE RECONVENES)

PRESIDING OFPICER: (SENATOR DeANGELIS) The Senate committees scheduled for 2 o'clock and later will commence immediately. Senate committees Will commence immediately. (SENATE sTAxos IN REcsss) (SENATE RBCONVENES)

PRESIDING OFFICER: (SENATOR WEAVER) a. . senate will come to order. Committee Reports.

Senator Sieben, Chair of the Committee on State Government Operationsy reports House Bill 1653, the First Conference Committee Report, Be Approved for Consideration. Senator Hawkinson, Chair of the Committee on Judiciary, reports Senate Bill 1459: the First Conference Committee Report, Be Approved for Considerakion. And Senator Karpiel, Chair of the Committee on Executive, reports Senate Bill 1766, the First Conference Committee Reportp Be Approved for Consideration, and Senate Bill 1186, the Motion to Concur with House Amendments 1 and 2, Be Adopted. Senator Weaver, Chair of the Committee on Rules, reports *he following Legislative Measure has been assigned: Referred to the committee on Insurancer Pensions and Licensed Activities - 16  STATE 0F ILLINOIS 89TH GENSKAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT I I 119th Legislative Day December 4, 1996 I I Conference Commiteee Repork 1 to Senate Bill 454. 1 PRESIDING OFFICER: (SENATOR WEAVER) ! Messages from the House. I SECRETARY NANNY: ! ; Message fron the House by Mr. McLennandr Clerk. Mr. Presioent - I am directed to inform the Senate that the House of Representatives has adopted the following joint ' resolutlon: in the adoption of which I am instrueted to ask the concurrence of the Senate, to Wit: House Joint Resolution 139. Adopted by the Houae, Decenber 4th, 1996. ! A Message from the House by Mr. McLennand, Clerk. * : Mr. President - I am directed to inform the Senake that ' the House of Representatives has passed a bill of the following ! I tikle, in the passage of which I am instructed to ask the ! concurrence of the Senate, to wit: ! House Bill 996. i Passed the House, December 4th, 1996. ! M 1 essage from *he House by Mr. McLennand, Clerk. ' I Mr. President - I am directed to inforn the Senate that I the House of Representatives has refused to concur with khe Senate I in the adopkion of their amendment to a bill of the following l title: to wit: l 1 House Bill 2735, With Senate Amendmenk 1. I Non-concurred in by the House, December 3rd: 1996. I Message from the House by Mr. McLennandz Clerk. 1 : Mr. President - I am directed to inform *he Senaee khak I I the House of Representatives has concurred with the Senate in the I passage of a bill of the following title: ! I Senate B1ll 775, wikh House Amendments 1, 2, 3 and I 4. ! We have a like Message on Senate Bi11 1643, wtth House ' I I 17 I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Leqislative Day December 4, 1996 Amendments l and 7. Both passed the Houses as amended, December 4th, 1996. PRESIDING OFFICER: (SENATOR WEAVER) For what purpose does Senator Madigan arise? SENATOR MADIGAN: Thank you, Mr. President. Purpose of an announcement. PRESIDING OFFICER: (SENATOR WEAVER) Very good. SENATOR MADIGAN: That immediately upon adjournment, or one hour from now, whichever occurs firse, ehere will be a meeting of the Senate Insurance, Pensions and Licensed Activities Committee ko consider a Conference Commlkkee Report on Senate Bill 454, in koom 400. PRESIDING OPPICER: (SENATOR DeANGELIS) Illinois Information Service needs to vldeotape from the Senate Gallery. Is leave granted? Leave is granted. .'awhat purpose does Senator Jacobs seek recognition? SENATOR JACOBS: Mr. President, We Would zequest a Democratic Caucus kmmediately, in the newly elected Minozity Leader, Senator Emkl Jones, Office. It von't take the two hours or bekter that the Republicans did. Wedll be back in twenty or thirty minutes. PRESIDING OFFICER: (SENATOR DeANGELIS) That request is in order. We should expect you back here at 6 o'clock. Thank you. The Senate Will stand in recess till 6 o'clock, where everyone should be back and in thelr seats. (SENATE STANDS IN RECESS) (SENATE RECONVENES) 18  STATE op lLLluols 89TH GnNspaT,ASSEMBLI REGULAR sEssloN SENATE TRANSCRIPT 119th Legislative Day Deeember 4, 1996 ! 1 PRESIDING OFFICER: (SENATOR MAITLAND) j Senate will cone to order. Resolutions. l I ACTING SECRETARY HAWKER : ! Senate Resolution 270, offered by Senator O'Malley. ! I It is a death resolution. I .

PRESIDING OFFICER: (SENATOR MAITLAND) Consent Calendar. I ! ACTING SECRETARY HAWKZR: , And Senate Resolution 271, offered by Senator Palmer. ' 1 It is substantlve. . PRESIDING OFFICER: (SENATOR MAITLAND) ' 1 o . . right, Ladies and Genklemen, I'd like to have your ! attention, please. We Will be starting on page 3 of the Calendar, ! Conference Committee Reports. And House Bill 632, Senator ! ! Madigan: Will be the first up. I thlnk our Democratic friends are ! just about a1l back here. Let's go ahead and proceed. On page 3 ' I of the Calendar, on the order of Conference Committee Reports, Mr. ( (sic) Secretary, do you have on file a conference committee report I I on senate (slc) Bill 632? I ACTING SECRETARY HAWKER: ! Yes. First Conference Comnittee Report on House Bill 632. I I PRESIDING OFPICER: (SENATOR MAITLAND) j Senator Madigan. ! I

1 Thank you, Mr. President and Members of the Senate. The I Conference Commiktee Report No. l on House Bill 632 amends the 1 I Regulatory Agency Sunsek Ack to extend the sunsets of the Medical I Practice Act, the Illinois Optometric Practice Act and the ! 1 Clinical Psychologist Licensing Act to January lse, 2007, and $ numerous changes in those Acts. The most substantial change ts -- l insofar as the Medical Practice Act is the installation of a ! fifty-hour continuing educakion requirement to be completed I ! 19  STATC OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRXNSCRIPT 119th Legkslative Day December 4, 1996 q annually. There are some additional things in the Act to update the Act in -- in compliance with the improvement of conpuker technology and the Inkernet. I Will basically answer any questlons that may be -- come up on the Medical Practice Act. It passed out of committee unanimously yesterday, and it passed the I House bill -- or, the Conference Committee Report on House Bill I 632 passed the Eouse unanimously earlier this afternoon. 1 Otherwise would ask for its approval. I PRESIDING OFFICER; (SENATOR MAITLAND) Al1 right. Is there discussion? Senator Demuzio.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I am painfully well aware of the fact that this bill is probably going to fly out of here: and itls probably going to fly l out of here in the face of every major newspaper editorial board in this State. I'd like to poink out a few things, when we kalk . about extending the sunset. A11 of these Acts that are before us in this particular bill sunset on January 31st of 1997 - a year from now. Traditionally: around this place, most professional licensing Acts are reviewed by the General Assembly in *he spring Session, before the Sunset Act. This process affords usr in the General Assembly, the opportunity to have some adequate time to discuss the changes that should be taking place in -- in these professional Acts. It also allows kor the opportunity for amendments to the proposed changes. It -- this b11l right -- thatfs before us right now negates all opportunity for amendmenks. It discourages a thorough examination of the proposals, and, frankly, it's unprecedented in the history of the General Assembly. Never before have we done and taken this action on a regulatory basis on the Sunset Act in any Veto Session. I want to also point out, as you prekty well knowg thak khe Illinois Audik I q Commission, in response ko practically every major editorial board I I 20  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 119th Legtslative Day December 4, 1996 I I in Illinois, has indicated that we ought not to be doing anything with theMedicalPracticesAckuntil such time as the Illinois 1 I Auditor General comes back with the facts With respect to the ' disciplinary aetion by Professional Regulation. And I can tell you that there -- and cite the Peoria paper, the Sun-Times, the I ' I Champaign paper, a number of editorials across the Skate. I'm not 1 suggesting eo you that the -- the Act cannot be changed. It makes I I it much more difficult for us to do so, if this Ace is again to be ! - - the ten-year extension. So We ought to be about waiting for I the Audit Commission, for their recommendationsp because We have 1 I asked certain things. We have commanded the Auditor General to I examine the Department's timeliness in initiating, carrying out ' and completing investigaeions. We have commanded the Attorney -- I the Auditor General to determine the adequacy of the Departmentls I investigatory procedures, including identificatton and gatherinq ' l of appropriate evidence, the Department's procedures for ! determining the need for and the nature of any recommended i disciplinary action, the Departnent,s process for ensuring that I I its recommended disciplinary actions are implenented and that any ! specified corrective steps are instituted. As a matter of fact, 1 I I would say this, from the Springfield paper. Their editorial says ! this: What doctors do and how they care for their patients I certainly affect the publlc welfare, and the general public does ! h I ave a need to know what doetor who treats them is competent and I ethical. The vast majority of doctors are competent, honeot and I sincere. We don't understand why the medical profession Would nok ! I Want to deal more stringently when -- and openly with those whose 1 actions put other doctors in bad liqht. We urge lawmakers to I begin now ko consider changes in the Medical Prackices Act. 1 Fi 1 rst, the disctplinary board should consist of some -- should I consist of some voting nembers who are not physicians. Second, I khe proceedings of khe board should not be conducted in a more I 21  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 1 . 119th Legislative Day December 4, 1996 I atmospheric -- I'm sorry-- in a more public atmosphere And. 1 1 finally, sanctions that are taken should be spelled out in detail 1 so that the public and those in the health profession can be fully 1 aware of the situation. I know, aqain, that this bill is going to fly out of herer because tt's programmed that way, but I will tell j you this: that when the Auditor General's report comes baek and 1 i . specific recommendations are made, I hope that this General 1 Assembly, both House and Senate, give serious consideration to i I those recommendations that are being made. Now, I'm not prepared ! to vote Noy to say that I am -- that Iêm not in favor of extending I I the Medical Prackices Acte but What I an saying to you, that this i 1 s unprecedented action; it shouldnêt take place in this Veto I Session. But I know it's going to fly out of here. And I will I say this: The next opportunity that we have to make changes - and I I give great credibility to the Auditor Generalls report, whatever I I it may be, and I don't know whatls in it - and I Will criticize 1 some of the individuals who have -- as of even this day, have gone 1 I downstairs to have a press conference to suggest chanqes that i ! oughE to be tn the Medical Practices Ack without even talking to l I anybody. So I know it's going to fly out of here, Senatorr but I I Want to give you the opportunity eo - - ko suggest ko you tonight 1 I that I want ko work with you on meaningful: significant changes 1 and a hearing process that will afford the public the opportunity 1 . 1 . to have input and -- and the opportunity to make changes, if I theydre warranked. Thank you. I PRESIDING OFFICER: (SENATOR MAITLAND) l Further discussion? Senator Collins. I EENATOR COLLINS: I Question of the sponsor. i I PRESIDING OFPICER: (SENATOR MAITLAND) l 1 Indicates he will yield, Senator Collins. j SENATOR COLLINS: I 1 22  STATE 0P ILLINOIS 89TH GENSRAL ASSEMBLY REGULAR SESSION I SENATE TRANSCRIPT ; 119th Legislative Day December 4, 1996 Are you willing to support us in making those changes - I1m on $ I ! i the Audit Commission also - when -- when this report is completed? I Would you be amenable to making those ehanges and also any changes 1 I that Will come about as we look at the Whole field of -- of -- of I medicine, the HMOs and Ppos and khe changes necessary that's going 1 . I to be made from the federal legtslation that's coming in, how we I deal with the treatment -- health care as a whole? Are you ! ! willing to -- to come back and to nake those changes? Because if ' 1 you wait, we may have a better understanding of the whole health I I delivery system in the Stake of Illinois and how that's going to ! relate at the federal level. So I wanted to know: Will you I ! support ehose ehanges? ' j PRESIDING OFFICER: (SENATOR MAITLAND) , Senator Madigan. ! !

! Thank you, Mr. President. I would be more than willing and I proud to work vieh Senator Demuzio and youe Senator Collinsp on I l any changes that we nay -- that this Body may feel is neceisary to I -- to this Act when the audit is in and as these changes come 1 I forward from the federal government. As always, I stand ready to ( work With you on those changes that we may -- that this Body may l deem to be necessary. I cannot tell you: at this pointr not ! ! knowing what those changes are right now, whether or not I'n in a I position to support them r nor would you be in a position to be ! I able to state categorically khat you would suppork any changes ! khae may be forthcoming. But certainly those changes that may be I ! outlined, we should take them up for considerakion. I'd be more ! than happy to work With you on thole propcsed changes. t PRESIDING OFEICER: (SENATOR MAITLAND) 1 1 Is there further discussion? Further discussion? Senator I Madigan, you wish to closep sir? i

1 23  STATE OF ILLINOIS 89TH GENERAL ASSEMNLY RCGULAR SESSION SENATE TRANSCRIPT I 119th Legislattve Day Decenber 4. 1996 . I would just ask for favorable consideration, Mr. President, of Conference Committee Report No. l to House Bill 632.

PRESIDING OFPICER: (SENATOR MAITLAND) The question is, shall khe Senate adopt the Conference Committee Report on House Bill 632. Those in favor Will vote Aye. Opposede Nay. And the voting is open. Have all voted who Wish? Have a1l voted who Wish? Have all voted Who wish? Take the record, Madam Secretary. On that question, there are 55 Ayes, no Nays, 2 Members voting Present. The Senate does adopt the Conference Committee Report on House Bill 632, and the bill, having received the required constitutional najority, is declared passed. Senate Bill 1684. Senator Fitzqerald. On page 3 of the Calendar, on the Order of Conference Committee Reports, Mr. Secretary -- Madam Secretaryz do you have on file a conference committee report on Senate Bill 1684?

Xes. First Conference Committee Report on Senate Bill 1684.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Fitzgerald .

Thank you, Mr. President, Ladies and Gentlemen of the Senake. The First Conference Comnittee Report to Senate Bill 1684 is meant to address a situation in which a brewery terminates a beer distributorship wikhout cause, in violation of the Beer Industry Fair Dealing Act. The Act currently provides that the distributor can seek an tnjunctkon to prevenk an illegal termination. A . problem has arisene howeverg in that courts are reluctant to grant an lnjunction if khe brand constitutes less khan tcenky percent of . the distributor's business. The btll, when it oriqinally passed I the Senate 49 to 4 -- last spring, addressed khis problem by makin: it easier for the distributor to obtain an tnjunction for an illegal termination. But when the bill :ot to the House, an 1 I 24  STATE OF ILLINOIS 89TH GENEDAT,ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 objection was raised as to the mekhodology employed in changing the traditional requirements for obtaining an injunction. As a result, a new solution was crafted, and this Conference Committee Report is a product of that process. The Conference Committee Report creates a procedural process for resolving the amount of the compensation and when that compensation Will be paid in khe case of an illegal termination of a distributorship by a brewery. The bill encourages expedited binding arbikration to resolve such disputes. And the Conference Committee Report, I think, passed the Eouse wkth only one No vote, and it passed the Senate Judiciary Committee yesterdaye I believe, without any No votes. Ild urge a favorable roll call. Thank you. PRESIDING OFFICERI (SENATOR MAITLAND) Is there discussion? Senator Shaw. SENATOR SHAWI Xeah. Thank you, Mr. President. But not on this bill, on the previous bill. I pressed my switch -- Yes switch, and the light didn'k come on, so I would like the record to indtcate that I would have voted Yes on the previous bill.

PRESIDINC OFFICER: (SENATOR MAITLAND) The record, Senator Shaw: will indicate that that was your intent. Senator Tom Dunn.

Thank you, Mr. President. I have a conflict on this issue. I won't be voting.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there furkher discussion? Senator Butler.

Thank you. Mr. President. Ladies and Gentlemene I've spent my entire life in the distribution industry, ranging from automotive pares to -- to food to appliances: and I can tell you that I have never, ever seen an industry prokected to this extent. I just ' i I 25  STATE QF ILLINOIS 89TH GENEQAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! ! I 119th Legislative Day December 4, 1996 I I cannot conceive why the State should impose itself, as it is doing I in this instance. We are literally proteeting - or ''preventing'' is a better word - preventing a -- one company from doing business with another company in a legieimate, open manner. We're saying that if -- if a manufacturer, for example, decides that a distributor isn't doing a decent job, that somehow the Skake must impose itself and dickate how that termination is going to be handled. It just doesn't make sense to me that the State would go to the extent of putking itself in the position of being an -- an arbiter, of preventing a -- a normal, natural flow of business. So I'm going to vote No, sinply because I -- I -- I just cannot understand why thls industry is protected, is set asider is shielded, when no other industryr in my estimation or in my knowledgew is protected in such a Way. And I'm speaklng, incidentally, of the distribution companies. So I -- I am going to vote No on this.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there further discussion? Further discussion? Senator Fitzgerald, to close.

Thank you, Mr. President. Just a response to Senator Butler: I -- I respect his knowledge of the business of wholesaling and distributing in general, but I respectfully disagree with his conclusions. What wefre talking about here are situakions in which a brewery has illegally terminated a distributorship, in violation of an exisking SEake EkakuEe. And right now, the Way , thak State Stakute is se* up, it allows the brewery to exercise ' leveraqe whereby it can delay payinq the distributorship the fair value of its brand, in violakion of the Act. This bill is set up so that it Will tilt the balance baek so that it's not unfair ko ' the distributorship, as it is now. Righk nop, khe distributor has considerable equity built up in the brand he has been developing ' I I 26  I STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT ! 119th Legtslative Day December 4, 1996 in his territory, and when the brewery exercise: its leverage to avoid payinq the compensation khat it's supposed to and to delay the situation, a remedy is needed, and this bill is a reasonable response to that. It creates an arbitration process, encourages 1 expedited binding arbitration to determine the fair value of the brand and to get prompt payment for the distributor when the brand has been illegally terminated. And if either party acts in bad I . faith, there are bad-faith penalties tn this bill. The bad-faith ' penalties are not just on one side; theydre on either side. So if the distributorship is asking for more noney or has an absurd idea and is pushing for an absurd idea or to delay, there could be a bad-faith penalty there. And that would apply both Ways. It's a f I alr and equitable bill, and it would help redress *he balance. I i I'd urge a favorable vote. Thank you. I PRESIDING OFPICER) (SENATOR MAIQLAND) I The question is, shall the Senate adopt the Conference ' Committee Report on Senate Bill 1684. Those in favor will vote Aye. Opposed, Nay. The voking is open. Eave a1l voted who wish? Have all voted who wish? Have a11 voted Who Wish? Take the ' recorde Madam Secretary. On that question, the Ayes are 56y Nays are 1, 1 Member voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1684, and the bill, having recelved the required constitutional majority, is declared passed. All right. Ladies and Gentlemen: on Supplemenkal Calendar 1 No. 1. On House Bills 2nd Reading is House Btll 2595. Senator Lauzen. Senator Lauzen, do you wish this bill read? Madam 1 . Secretary, read the bill. j !

House Bill 2595. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Conmerce and Industry I adopted Commiktee Amendment No. 1. ' 27  STATE OP ILLINOIS 89TH GENEPAT.ASSEMBLY RZGULAR SESSION SENATE QRANSCRIPT : 119th Legislative Day December 4, 1996 i l PRESIDING OPFICER: (SENATOR MAITLAND) 1 Senator Lauzen . Ohg no. I1m... Have there been any Floor ! ! amendments approved for consideration, Madan Secretary? I ACTING SECRETARY HAWKER : I No -- no other amendments reported. ; PRESIDING OFFICER: (SENATOR MAITLAND) I 3rd Readtng. A11 right. All right. Secretary's Desk, ! I Resolutions. On *he Supplemental Calendar, Secretaryls Desk, I Resolution, Senator Cronin, do you wish this resolukion r considered? Madan Secretary, read the resolution, please. ! I

House Joint Resolution 75. j The Committee on Education adopted Committee Amendment No. 1. I PRESIDING OFFICER: (SENATOR MAITLAND) ! Senator Cronin. . SENATOR CRONIN: I 1 Thank you, Mr. President. House Joint Resolution 75p as you I can see: has bipartisan support. This is the resolution ehat ! deals with khe mandate Waivers law. As a1l of you well know, we l have a law nov that permiks school districts to seek waivers from ! I State laW and administrative rules. The waivers are granted I unless We take an affirmative act to deny one of their requests. ! i Almost all of the waiver requests made have been granted or ! pernitted to be granked. Thus, we have fulfilled our I philosophical mission of local control. This one waiver request: l I however, was objeceionable to a majority of Members on the ! Education Commitkee. Secretary of State George Ryan felt very strongly about this mandate waiver request, that it Would have ! l sone impact on the safety of -- of skudent drivers and -- and the i driving population. So we responded to those concerns and we have I proposed this resolution that denies School District l42 (sic) ! (205) in Rockford their vaiver request to waive their obligation ! 28  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 to teaeh -- to teach driver's education. They wanted to, essentially, abolish driver's education. So that is the sum and substance of this bill, and I join with Senator Berman in asking for your favorable consideration.

PRESIDING OFFICER: (SENATOR MAITLAND) Al1 right. Is there discussion? Senator Berman. Senator Berman, your light is on.

Thank you. support the -- the passage of this resolukion. It's very important to maintain the availability of driver's education for the children of Rockford. I'm pleased to join with the Chairman of the Committee in sponsoring this bill.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Cronin moves the adoption of Souse Joint Resolution 75. Those in favor Will vote Aye. Those opposed, Nay. The voting is open. Have all voted who wish? Have a1l voted Who wish? Have all voted who wish? Take the record; Mr. Secretary. On that question, there are 56 Ayes: 2 Nays, l Member voting Present, and the resolution is adopted. ao.right. Ladies and Gentlemen, on Supplemental Calendar No. on Secretary's Desk, Concurrence, is Senate Bill 1186. Senator Philip. Mr. Secretaryr read khe blll.

I move to concur with the House in the adoption of their Amendments l and 2 to Senate Bill 1186. Filed by Senator Philip.

PRESIDING OFFICER: (SENATOR MAITLAND) Senakor Philip.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senake Bill 1186 Would convey Meigs Field to the Illinois Department of Transportation, June 1997. It also provides a 29  STATE OF ILLINOIS 89TH GBNERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 quick-take process, because, as you're probably awarey there's not a proper deed or a description of Northerly Island. It also provides that the State would do a survey so we would have a proper deed or description of the Island. It also gives the State the option to -- to prtvakize Meigs Pield. They anticipate itdll cost the first half a year about eight hundred and fifty thousand. They think by privatizing it, by increasing fees, that Meigs Field should be able to run as a profit. I certainly agree with that, and welve had enough discussion on this matter. I'd be happy to answer any questions.

PRESIDING OPFICER: (SENATOR MAITLAND) Is there dtscussion? Senator Weaver.

Thank you, Mr. President. I'd move the previous question.

PRESIDING OPFICER: (SENATOR MAITLAND) That -- that is in order. There are one, two, three, four, five, six, seveny eight, nine speakers whose lights are on and we have recorded. Further discussion? Senator Demuzio.

Thank -- thank you, Mr. President and Ladies and Gentlemen of the Senate. I'd like to ask the sponsor a question, if he would yield, please.

PRESIDING OPFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Demuzio.

Senator Philip, is it your understanding that House Amendment No. 2 ko this Senate Bill 1186 now becomes the bill? Is that right? The amendnent is the bill?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip. SENATOR PHILIPI Unfortunately, Senator Demuzio, it's very hard eo hear yOu 30  STATE OF ILLINOIS 89TH GENERAL ASSEMALY REGULAR SESSION SENATE TRANSCRIPT I 119th Legislative Day December 4, 1996 I 1 over here , but the answer is yes. I I PRESIDING OFPICER: (SENATQR MAITLAND) I Senator Demuzio. I I SENATOR DEMUZIO: I I Well, at this time, I have the amendment before me# and I I would like to read lines 2 through 7 to House Amendment 2, and it 1 I says Amendment No. 2 amends Senate Bill 1186 ''by replacing the ! title with the following: lAn Ack relating to the acquisition and ! operation of Meigs Field by the Department of Transportation for l 1 and on behalf of the State of Illinois.d'' From the lines that I I have just read here, it is the intent of House Amendment 2 to, in I ! fact, change the title of khe bill. Is khat correct? I PRESIDING OFFICER: (SENATOR MAITLAND) I 1 Senator Philip. I SENATOR PHILIP : ! I Itls -- it's replacing the title. That is correct. I I

PRESIDING OFPICER: (SENATOR MAITLAND) I Senator Demuzio. I SENATOR DEMUZIO: 1 ! Well, Senator, this is the first day for this Chamber, then, ! to I - - to consider this amendmene, and therefore I would request a I ruling from Ehe Chair. The Chair -- it has been agreed by the I sponsor of House Amendment 2 that this amendment does, in fact, I I change the title of khe bill, and this isy in facty the first day ! that this Chamber has had the opporkunity to conslder Amendment I ! No. 2 to Senate Bill 1186. Therefore, I would ask for a ruling ! from the Chair as to whether khis Chamber may vote on this motion I I at this time because the amendment becomes Ehe bill and it changes 1 the title to the bill, which has not been read, according to our I I rules, on three different days in khis Chamber, as requtred by I I Article IVy Section 8: of the Illinois Constikution, which states I that ''A bill shall be read by title on three different days in I I 31  STATE OF ILLINOIS 89TH GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 i I 119th Leqislative Day December 4, 1996 1 each house. A bill and each amendment thereto shall be reproduced I and placed on the desk...' I would ask for a ruling from the I Chair as to whether or not, in fact, the bill before us# House Amendment No. 2, which changes the titlee has, in facty been read three different days and whether or not this is legally before us.

PRESIDING OFFICER: (SENATOR MAITLAND) Senakor Demuzio, the Chair is prepared to make a rule: and I rule that a1l the procedural requirements as sek out in the Illinois Constitutionr Statutes and Senate Rules have been satisfied. Further discussion? Senator Demuzio.

Well, clearly, from what I read: I would respectfully ask -- I donlt want to be redundant or dilatory here, but 1et me appeal the ruling of the Chair. Because, ân fact, what I have indicated to I and stated to, I think, is a matter of fact, thak all which will agree, and therefore I would appeal the ruling of the Chair.

PRESIDING OFFICER: (SENATOR MAITLAND) That -- that request is in order. Senator Demuzio has 1 appealed the ruling of the Chair. And the question before the Chamber iss shall the rulinq of the Chair be sustained. All those in favor of sustaining the ruling, vote Aye. Those opposing, vote 1 1 Nay. The voting is open. Have a11 voted who Wish? Have all I voted who wish? Have a11 voted Who wish? Take the record, Mr. Secretary. On that -- on that roll call, there are 33 Ayesy 26 I I Naysg no Members voting Present. And the ruling of the Chair is I sustained. Further discussion? Senator Demuzio. I SENATOR DEMUZIO: I Thank you, Mr. President. I want you to know that you had the I I requisite number of votes, but I was still right on the issue. I Thank you very much. I PRESIDING OPFICERI (SENATOR MAITLAND) I ' ! Is there further discussion? Senator Collins. I I 32  STATE OF ILLINOIS 89TH GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996

Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR MAIQLAND) Indicates he Will yield: Senator Collins.

Senator Philtp, are there any litigations on this issue Currently before the courts? I :

PRESIDINC OFFICER: (SENATOR MAITLAND) Senator Philip.

Not on this legislation. PRESIDING OPFICER: (SENATOR MAIQLAND) I : Further... Senator Collins. SENATOR COLLINS; I Senator, I didn't ask on this legislation. I1m -- I'm talking about the takeover of the Meigs Pield from the Park District, now. ThisisnotabouktheCityofChicago;sowe--weneedtoclarify 1 Ehat issue up front. Have there been any -- are there any current litigation, or have there been any prior rulings, on the issue of ' the State of Illinois takin: back the land khat it gave to the Park District in khe City of Chicago - to khe Park Commission - somewhere around 1903? I

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip. SENATOR PHILIP: I I I -- I understand thak there is a case pending in the j Appellate Court in Cook County. And khere is a federal case 1 pending on the environment. I I PRESIDING OFFICER: (SENATOR MAITLAND) 1 . Further discussion? Senator Collins. I SENATOR COLLINS: ! . .. there been any rulings ln the lower court in favor of the ! I 33  STATE OF ILLINOIS 89TH GENERAL ASSEMALY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 I right of the Tark District to ukilize that land: as it see fit? I I

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philtp. I

I Yes, the Cook County Circuit Court did rule agatnst the Staee. ' That is correct. 1 PRESIDING OFFICER: (SENATOR MAITLAMD) I ! I Senator Collins. E I SENATOR COLLINS: j i The -- the -- it is true, and that -- khis -- issue is now up before the 7th Circuit Court, waiting for -- for a ruling. It's I not? It's not? They've already ruled - I'm sorry - for the City, j and youdve brought this issue before the Legislature somehow to usurp or - - in anticipated rulings from the court. Now, my I : I problem with this is that this is being projeceed as a fight ! between khe Mayor and the Governor. And to the greater extent, from a political perspective, they chose Meigs Pield as the i ! b I attleground, having nothing to -- really to do with the airport E I or the use thereof. We understand that here, and I think all -- j any politician in the State understand that. But the real problem 1 that I have vith this whole thing is the -- the fact that the I ' 1 State of Illinois would go in and take away land that it had given l to the Park Distrtct for Park usaqe and that this proposal today ' thak has been proposed by the Park District is for Park usage. I I So, Without any reasons at all, why would the State of Illinois ' - 1 give them land for that purpose and then come back and take it I away? Now, I do know in -- in reading khe Bible, Job said that l ! the Lord giveth and khe Lord taketh awayr but I don't think the I Governor is the Lord and I don't khink this Legislature is Lord. ! And we don't have the right to just do that willy-nilly for ! political reasons. And I hope everyone Would vote No. I PRESIDING OPFICER: (SENATOR MAITLAND) i I 34  STATE OF ILLINOIS 89TH GENERAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT I 119th Legislative Day December 4, 1996 i I Further discussion? Senator Severns. I !

I Thank you, Mr. President: Members of the Senate. I rise ko state my strong concern over the issue before this Body. This I issue is not about sound publlc policy. Instead, it's about l p I silly, petty politics. It is an issue thak we should not engage ; ourselves in. Instead of debating ninety-one acres of an island ! I called ''Northerly'v we should be debating khe plighk of over nine hundred school districts across this State, figuring out how they 1 ' are going to prepare our students eo be able to meet the I : challenges of the next millenniun. Instead of debating whether or I not we are going to 1et a select group of planes land at the 1 airport by the lake, we should be debating how we are going to I 1 meet our constitutional mandate to fund schools adequately so that our students can soar. It was only a monkh ago that the trumpets 1 sounded and the public, once aqain, told us that we should trade I ideas, and not insults, and that we should not forget why we 1 I began, nor forget who sent us here. There is no public outcry for I us to act on this issue. There is a public outcry for us to act ! on other issues of concerns from funding our schools to halking 1 1 the skyrocketing property taxes, from making our State regain its ' ! competitive edge to Working toward a better economic climake and I safer neighborhoods. So why is the Governor expending so much ! time and effort and political capital on an issue that affects ! ! only a seleck few? When he had the opportunity to tmpact many by l creating forty thousand permanent jobs by the year 2020 and create j fifteen and a half billion dollars in economlc activity and an ! additional 76.9 million dollars annually in Skate tax revenues at ! ! another airport, he seemed to sit idly by . Where was the Governor on the Lake Calumet Airport? If he had spent a fraction of the I time on the proposed Lake Calumek Airport that he has spent on the ! airport on Lake Michigan, Governor Edgar would have made a real ! 35  STATE OF ILLINOIS 89TH GENEDAL ASSEMBLX REGULAR SESSION SENATE TRANSCRIPT : 119th Legislative Day December 4, 1996 i ! difference and, perhaps, provided a lasting legacy. Has he forgotten why he began and forgotten what brought him along? He's requesked from us a down payment of eight hundred and fifty thousand dollars. Nowz wedve heard differing estimates in the Executive Committee and beyond as to what this airport will cost us in the long run, but as the late great orator Everett Dirksen said: Pretty soon, you're talking about serious money. What are 1 wedoinghere? Haveweforqottenwhy webeqan? Wouldwe like to 1 continue to land at Meigs? Of course, we would. Do we consider it a positive economic development tool? of course, we do. Should we be involvedinthisissue? Ofcourse, we should nok. 1 On a barometer of those issues of concern to our consEituents: I believe that this issue does noteven registerasabltmp. Letus 1 moveforwardtomeetthechallengesofthisStateandtoleadthis 1 ! State into the next millennium. Let us not engage ourselves in issues that we ought not be involved. To do anything less: I believe, we will be left with the hollow apology of T.S. Eliot I when he wrote: That is nok what I meant at all; that is not it at all. IurgeaNovote. j

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

Thank yourMr.PresidenteLadiesandGentlemenof the Senate. 1 Let me just, for purposes of time, echo the comments of Senator ; Severns. I think she said it very well. Those of us who have enjoyed using Meigs surelybelieveitwasanasset,butthatis l I not the iasue here. I think there are tWo items that we should be I addressinq. One is whether or not the State should be taking from a local government, without their consideration and involvement in 1 the takinq, a property that belongs to a local government. I . think this is true whether it is the Villaqe of Glencoe, or I Skokie, or Lincolnwood, or Cairo, or anywhere else in the State. ! ! I 36  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I I 119th Legislative Day December 4, 1996 ! I And I think the people have said, in the last electionr ''We want : 1 governments to stop fighting amonqst themselves, and we want I issues resolved at the most local level possible.'' And I think, ! therefore, this issue is something that should be resolved by the I I City, at the City's level. But I have another quandary: Welre j passing this legislation now, to be effective June 1st, 1997, at a ! I time when a court may rule in between - maybe as soon as next 1 week, or the week thereafter - againy for the third time, that the 1 City is right in the current leqal argument, without reqard to I thia legislation. So therefore, it could mean, come the turn of I ! the year, the City hasr by law, through the court system, the 1 availability to take back this property and now start their I conversion into a park. Should they do that over the spring, and I I this is a question to the sponsor -- the Park District would take I it back - I stand corrected; thank you -- and the Park District I would then start its process of turning it into a park: taking out I the runways, et cekera, et eekera, would khe State khen - to the 1 . 1 , sponsor - would the State then, when it takes it back: be willing 1 to expend the additional funds to start over, rebuilding a whole I new airport khere and to reimburse the Park District for the funds I I it would have legally and lawfully and appropriately expended to ' I build this park for the citlzens of Chicago? Is the State making I that additional commitment, thak come June lst they will pay those I extra tWenty-three or thirky million dollars back to the City for 1 I creatin: the Park and start all over from beginning to build j runWays, et cetera, Which Would then take Department of -- federal I Deparemene of Transporkation approvals, which might take 1 ! Transportation Secretary Bill Daleyls approval? I PRESIDING OFFICER: (SENAQOR MAITLAND) I ThakIs a question of Senator Philip? Senator Philip. I I SENATOR PEILIP: , Yes, Senator Carroll. We would - firsk of all - would not I 37  STATE OF ILLINQIS 89TH GENERAL ASSRMNLY REGULAR SESSIQN SENATE TRANSCRIPT I 119th Legislative Day December 4, 1996 I think that the Park would enqage in such a frivolous act: and I would assume that the State of Illinois Would not reimburse them . We would hope that they would use good judgment - generally speaking, they have used in the past - to Wait till the last shot is fired.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Carroll.

Thank you, Mr. President. And, Mr. Presidentr now that we've seen the first shot fired, maybe We should a1l Wait till the last shot is fired; this is obviously the first shot in the war of the words. But the second part of the question was: Will it not, at some point, take federal Deparkment of Transportation approval to do some of these runway improvements? I mean, I just said the possibility might be that Bill Daley mighe be the Secretary then.

PRESIDING OFTICER: (SENATOR MAITLAND) Senator Philip. SENATOR PHILIP: I .e. experts, they do not plan any runway improvements. I PRESIDING OFFICER: (SENATOR MAITLAND) I Further discussion? Further discussion? Senator Cullerton. I I SENATOR CULLERTON: I Xes. Would the sponsor yteld? I I PRESIDING OFFICER: (SCNATOR MAITLAND) 1 I Indicates he will yield, Senator Cullerton. I SENATOR CULLERTON : 1 I Senator, three, perhaps, technical questions. There's -- it I was in the committee, there was a question about the ability to I I acquire private land for certain purposes. I think it's on page I 12 and l3: 'The Department may acquire by eminent domain any ' 1 privately owned property..w'' I jusk want ko make sure it's clear . in my mind. Is the -- the -- the land that the museums are on, is I 38  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION ; SENATE TRANSCRIPT 119th Legislakive Day December 4, 1996 that considered public property or is that private property? 1

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Philip.

Yeah. That's public property; it has nothing to do With it whatsoever, Senakor. I PRESIDING OFFICER: (SENATOR MAITLAND) ' I Senator Cullerton. I SENATOR CULLERTON: I Senator, alsoe we have in Chicago a Lake Michigan and Chicago I Lakefront Protection Ordinance, which is on the -- *he books righ: 1 I ! now; it's been on there stnce 1972. Basically, if you want to construct anything on the lakefront, you need to get a -- go 1 I through a -- the plannin: commtssion and get -- get special I permits. I don't see anything in ehis bill khat I've read that -- that repeals this or -- or -- or deals with ik speeifically, although there is kind of a general statement found on page 8 and I 9 that says that this 1aW -- nthe General Assembly intends this j i Act to grant to *he Deparkment any additional authority necessary to authorize the Departnent to acquire and operate Meigs Pield as an airport...l' Rind of a general statement, like ''whatever it takesdl. I'm justwondering ifthat istheSection thatyou would 1 refer ko if you're intending to repeal the Lakefront Protection Ordinance,asitappliestoMidway (sic). 1 PRESIDING OEFICER: (SENATOR MAITLAND) j Senator Philip.

Yes. The State would certainly have the control over the zoning of the airport area. It's the power of the State. I don'E think it has a thing to do with your so-called conmission. 1 PRESIDING OPFICER: (SENATOR MAITLAND) j Senator Cullerkon. 39  STATE QF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I I 119th Legislative Day December 4, 1996 I I SENATOR CULLERTON: j Then -- if I understand your answer then, the Lakefront Protection Ordinance, which would apply normally -- if you Were 1 starting a new airport on the lakefront, you'd have to conply with 1 i the Lakefront Protection Ordlnanee, and apparently what you're I i sayinq is that Section of the Statute just means that the State doesn't have to comply with the Lakefront Protection Ordinance. I The -- the -- the third question I have is just so I -- I want to 1 make sure this is clear. I see in the -- on page 8, welre talking about the fact thak this -- we aeknowledge the fact that Meigs 1I Field has ''ceased operationsd'. So by passing this law, if it's signed by the Governor, we are attempting to start new operations, and itfs my understanding - and I assume yours as well, but I want to verify this - that, as a result: when wedre starting up a new airport, we'd have to get approval from the federal Department of Transportation, from the Secretary of the Transportation, in Washington.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Philip . SENATOR PHILIPr My experts tell me that is not true. I believe the power to authorize airports is limited to the Stake of Illinois.

PRESIDING OPFICER: (SENATOR MAITLAND) Senator Cullerton.

Jusk a quick -- just a quick follow-up. When you go out and want to start up a new airport, I assume you have to check with somebody in Washington to make sure itls okay. That's what welre doing here, and I just want to verify that you'd have to go :et reaukhorizakion from the Department of Transportation to Etart your new airpork up. 1 PRESIDING OPFICER) (SENATOR MAITLAND) I 40  STATE OF ILLINOIS 89TH GENEDAT,ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 1 119th Legislative Day December 4, 1996 1 I I Senator Philip . I I SENATOR PHILIP: I I The FAA has communicated to the Department of Transportation ! that they Will cooperate in recurrence or reopening of Melgs I I ZYfPOf6@ i 1 PRESIDING OFFICER: (SENATOR MAITLAND) ' I Further discussion? Senator Welch. I -- Ifn sorry. I : I thought you were finished, sir. Senator Cullerkon. I SENATOR CULLERTON : ' I'm sorry. I just -- I wanted to ask those questions, then I : I Wanted to -- to speak briefly to the merits of the bill, if I ! could. One of the things that has not been talked about herey 1 I andr perhaps, maybe even the Park District didn't do a very good E I job in this one regard, and that is to explain to the legislators I ! what they want to put there. My district -- I actually live on I the lake , and my district is probably -- it,s all along the lake I ! from Balbo up to -- to Lawrence. And perhaps, for me, the 1 1 lakefront is very accessible; but the fact of the matter is that ! in Chicago three-fourths of the people that live there use the I I lakefront, annually. This park, which the Park District is going I 1 to put here, is going to really be an open-air museum. And it -- I ! don'k know if youdve seen this yet, but the -- theydre moving the ! I L i ake Shore Drive west of Soldier Pield. It's just beautiful, and 1 it's got, now, a11 three of these museums together in one campus. i I And it's really interesting to see how many people from outside 1 i Chicago use those museums. I think Chicagoans are only about I forty pereent: another forty percent from the suburbs, and the I 1 rest are from downstate and out of the -- out of the State and out I I of the counkry. So this is going to be a fourth museum, if you I wille that the Park District is going to put there. And I have seen, of coursey on the lakefront: things like *he Air and Waker I i Show, where a million and a half people flock to the lakefront. i 41  STATE OF ILLINOIS 89TH GENEDAT,ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 1 ! l19Eh Legislative Day December 4r 1996 I 1 . This is going to provide more open spacer and it is truly going to I I be magnificent, and especially in light of the fact that the one I I thing that chicago has that many other cities don't have is ehe I lakefront. You go to a11 these other cities and theydve wrecked i I the lakefront with -- with -- with industry that should better be l I -- utilize space inland. The -- the next thing I think We have to I 1 talk about is -- is Meigs Field. I also have used Meigs Field for I eighteen years, up until the time it was closed; very convenient I for me to get on Lake Shore Drive, and perhaps: againe one of the ' I closese legislakors to the airport. And sure it's convenient for ' ! me, as it is convenient for those people from Springfield to fly ! in there. But I've also seen that -- the -- the underutilization I ! of the airport. The -- the traffic at Meigs has dropped forty-six ! ! percent over the last fifteen years. Wefve seen a11 of those I ! airlines that started up, or tried to start up there, and went I under. And the last one that was left was - there was only one 1 I . left - was the one that carrled, let's face it, lobbyists, and us, i I and -- and people that work for the State, back and forth from i Springfield. Tha:'s the only thing that could be sustained there. 1 . I It -- ik is not: actually: a -- as safe an airport as it could be. l And to make it safe, by the wayzis going to cost a 1ot of money. 1 To make it safer is going to cost millions and millions of j dollars. And if welre qoinq to take it over, wefre goinq to be I j the ones that are going to be responsible for it. And khe weather on the lakefronty with khe lnstrumenks that they have there, how 1 many times did We go to Meigs: park our car, and then be told 1 We're going ko :eE bused out to -- to Midway? It's -- it happened 1 1 five weeks in a row, I think, this year: when -- when we started the -- the Session. And so. ko me, yes, ltls going to be -- take more time to get from Midway to downtown. But I canft believe that these businesses that want to do business in this City are I picking it because they got some airpork they can fly into. I ! 42 k  I STATE OP ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSIQN I SENATE TRANSCRIPT I I 119th Legislative Day December 4, 1996 1 I I can't believe thak the conventions come to Mccormick Place, ! j I theydre not going to come anymore because one-half of one percent I I of the attendees can't fly into -- into Meigs. Theydre going to ! use the other airports. And also, you knowr if there is some . economic loss, there's going to be economic gain a: a result of this park that's going to go there. And finally, I just -- I just am totally amazed to learn -- as you have learned: there's probably people on khis side of the aisle khat want to vote against this, and I have learned, fron talking to some of your Membersr that you can't believe that the Governor's made this such a biq issue. I mean, even thouqh you agree with the Governor and you think now they should have Meigs, why did he choose this issue to go to the mat on? Why does he take this issue and pronise everythinq, or threaten everykhing, to make this the vote of the -- of the year? I just don't understand it. You know, we know the Governor feels so strongly about things like drunk drivinq. You know: .08 goes down; he can 't do anything about it. He had a ' Special Session of the General Assembly to ask us if we would have ' ! a hearing on a bill to propose a Constitutional Amendment that, if I I passed, would advise us that maybe we should do somethlng, ' I possibly, about the school funding formula, and he couldn't get ! I the bill out of a Rules Committee. The Governor couldnlt get a ' ! bill out of the Rules Comnittee, because he didn't utilize a1l of I ! the power that he has - that you and I know he has - to -- ko do 1 I so. But yet, he chooses to use all thak power on something like 1 I this. This is not the bill of the century. I just don't 1 I understand why he's -- why he's doing ik. I don't think we ought I 1 to do this, personally. I -- buty unfortunately, we really are -- I I really are not debating the merits of the bill; we've been I i debating the politics of it. And I -- I just think that, when I I it's a11 satd and done, nothing's going to chanqe. You need to l I get permission, in my opinion, from the federal Department of I 43 1  STATE OF ILLINOIS 89TH GENERAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day Deeember 4: 1996 Aviation -- or. of Transportation. It's not going to be givenr and weCre going to be just wasting our time.

PRESIDING OFPICER: (SENATOR MAITLAND) Further discussion? Senator Welch. END OF TAPE TAPE 2

Thank you, Mr. Presidenty Ladies and Genelemen of the Senate. This issue is less about good qovernment than it is about polltics. But it's anazing to see how a political party can turn against many of iks principles a11 in one single piece of legislation. This issue turns on -- on many -- nany sacred tenets that weeve heard from you Republieans over the years. The last two years youdve been telling us how, you know, we -- ''wedre agatnst taktng away local control', and thak's exactly what this bill does. Youfve told us that you don't want to micromanage local governmente and that's really what we're doing. Welre substikueing our opinion for the Cityds opinion. We said, '1Oh, we've gok to limit quick-take powers and make it as narrow as possiblevll In my fourteen yearsp this is the broadesk quick-take provision I've ever seen. It's boundless in where ik can be exercised. We talk about keepinq fees low. That's something you folks want to do. Keep the taxes and the fees low. ïet, this lmposes a brand new fee on passengers landing at this airport. We're taking over the costs of a local facility with noney that we really don't have to spend. And also, wedre doing something al1 of us, downstaters in particular, have long said we werenft going 44  STATE OP ILLINQIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 ' I I to do, and that's use Road Pund noney for sonething other than I Road Fund. So I can't believe that you Republican downstaters, on a simple partisan issue like this, are goin: to throw away that prlnciple khat many of you ran on. And I can kell you: in two years when you rune you will hear about that principle and how you violaked it. So keep that in mind. And you better skart preparing your brochures for two years from now, because that will be a major issue. You know, over the last couple weeks many constituents came to mey and I'n sure they came to you, and they said, l 'What are you going to do in Sprtngfield for the next couple of weeks?'' And I told them we'd be voting on veto overrides, and there may be one or two other issues, and they said, ''Well, aren't you going to work on education fundinq?'' Well, it doesn't look like it. We are going to work on vetoes. Thatfs what khey kold , us. What abouk the prison reforms? Wedve seen al1 of Ehese . stories in khe news and on TV about we need prison reforms. Well, we're going to leave that for the next Session. And then We come down here and we have Meigs Field sprung on us, When we could be . working on important issues. This really denigrates the entire process, and those of us who are Senators, and many of us really resenk having to have this issue in front of us. The only good ! thing about this debate here, this week, is thisk Itfs very ! impressive to see the Governor finally find an issue that he's I interested in and marshal the forces that al1 of us knew he could ! I do to pass leqislation. It is impressive, but nany of us Wish he I I Would do that to help fund education; to help reform our prison I systems; ko cone up with a plan in industrial policy for the State ! of Illinols, so we can bring in new business instead of having one ! I city fighe each okher city with these TIF districtss trying to I lure business from across the street instead of from across the I State line. When are we going to see that Governor come before this Legislature? I thlnk that what we have here is merely a 45  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENAQE TRANSCRIPT 119th Legislative Day December 4, 1996 political fight, and the Governor has finally shown the thing that he thinks is worth fightinq for. And itls really not very much. I urge you ko vote No.

PRESIDING OFFICER: (SSNATOR MAITLAND) Further discusston? Senator Jacobs.

Thank you, Mr. President, Ladies and Gentlemen of khe Senate. Wellz this is the biggie wedve been waiting around for for a couple three weeks. Nothing happening. Waiting for this big issue ko come before us: Let me put 1t, perhaps, in a different perspective. This whole issue reminds me of two spoiled little brats who have a problem and Ehey can't resolve their problem, and they won't take it out in the back alley, where they probably should: and settle it. Instead, they call on us as surrogates to do their battle for khem, when the rest of the State truly does not give a damn. I think it was said well by Senator Severns: Where are the other issues? Personally: I think that the Mayor is dead wrong in what he is attempting to do with Meigs Pield. I can give you a lok of reasons why I think Meigs Field should stay open, but that is not the issue. The issue ls local control, and under local control I think the Governor is wronq on this issue. There has been so much bologna being passed around on this issue, on both sides, thak one almosk feels that theylre working tn a meat factory. The issue really belongs, and it was stated earlier, that this is an issue of local control. If local control was not a park of this issue, would be the first one to stand up and vote with the Governor. But khis is a local control issue, and for that reason, and that reason alone, I urge a No vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Molaro.

Thank you, Mr. President. I do have some housecleaning 46  STATE OF ILLINOIS 89TH GENEKAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 questions before I make a comment. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicates he will yield, Senator Molaro.

The amendment indicates that khe Deparkment of Transportation, by eminent domain, acqutre any private property Within or outside Melgs Field ''in the sole judgment of the Departmentd'. That's What it says. It's the sole judgment. Do you know if khat's been done before in the past, that it's the sole judgment of the Department of Transportation to determine?

PRESIDING OFPICER: (SENATOR MAITLAND) . .. Philip.

It's only for instrunent landing aids, and I -- would suggest this to you, that around O'Hare field, because I happen to represent O'Hare field, the airport has continually overruled local zoning ordinances in regards to the airport. I Wish that Senator (sic) Bluthardt was alive, who was a Member of the House wikh me a long time ago, Who was the Mayor of Schiller Park, where the City comes in and tells them what they can do in zoning in regards to O'Hare field: because theydre so close. Theydve done it in Bensenvklle, also . But, of course, kt's al1 right kf the City does it. Right?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro.

I quess khat was a yesp so -- so 1111 ask khe next question. So I assune that means that if theydre going to be able to overrule local authorkty, kf they feel that the Planetarium is in the way, or the Field Museum, or the John Hancock Buildlng, they could come in and just acquire itr if it's in their sole discretion and sole judgment, and that's what the Statuke said, I 47  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 guess they can do that. That's sort of not a question, Senator, but if you want to answer it you can. He's raising his hand, Mr. President.

PREGIDING OFFICER: (SENATOR MAITLAND) Senator Philip.

Yeah. I -- IIm just sayingp we only take private property, not public, because as I stated in my opening, there is no legal description of that property, that deed, because ik's been changed so many times. Theydre going to have to hire somebody to go in there and take a survey. There may be some privake property there. Nobody is sure at khis point.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro.

So We're not -- we're not sure what the Department of Transportation's going to take or not take, so, therefore, you could possibly take the John Hancock Building and the Planetarium, if in your sole discretion. Now: sone revenue questions real quick. The amendment says Meigs Field derives revenue. Right now, I assume that Meigs Field is losing money in its current operation, and therefore, there will be a deficit thak we're going to have to make up. Do you have any idea if the Department knows what the deficit is, and what theylre going ko make up?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip.

Yes. Their guesstimake is abouk two hundred thousand. You know, in the bill, they allow them ko privatize the airport. Put it out for bid. They think, in the long run, by increasing some fees, Ehat the -- Ehak Meigs Field should make money. Nowe I -- I might suggest this to you, that Dupage County Airport will 48  E i STATE OF ILLINOIS 89TE GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4: 1996 eventually end up making money also. '

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Molaro. I

I don't know if the Statels going ko pay the extra, but I want to get to a couple comments, and We can -- we can move on real quickly here. There's no question that the Democrats, even before I got here, were in charge of this particular Chamber. Well, in 1992, people of khe State of Illinois decided that apparently the Republicans would be in charge for a while. Well, when I got here that day and I knew that there were so many years of Democratic control and now there were going to be Republican control, I didn'k know what color it was; I just walked in. I assumed it was probably, we painted it red 'cause we assumed there was going to be a bloodbath, and khis way if khere was some bloodlekting, there wouldn't be, you know, anything on the carpets to stain it -- to -- to stain the carpeting. And I guess I thought that because we always talked about what the Republicans Would do when they took control. They kalked about changing the Work Structural Act (sic). They talked about Workmen's comp. They talked about school reform. We talked about how we Would change U of I trustees, possibly the water reclamation district. We've been talking about the assessor's office. There was Whims abouk the CTA. Well, you know what? Whether we, on this side of the aisle, like it or not, thirty-three beaks twenty-six. Now, next time around thirty-one beats twenty-eiqht. I've -- I've done this arithmetic in my head, you know, for hours and hours and every time I come up with thirty-three beats twenky-six, and kwo, three $ . weeks from noW thirty-one's going to beat kwenty-eight. We can'k change that. So now when you talk about that the Republicans have a righk Eo decide because khey won, and they have khe votes, we're going to cone up with our way of governing for a while. ïou 49  STATE 0F ILLINOIS 89TH GENENAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day Deeember 4, 1996 Democrats had it for a while; the people gave it to us. Makes sense to me. Take over what you can. Do What you ean, and we just have ko sit and wait our kurn, and welll try two years from now. HoWever, never, never had I thought that there Would be a point where you would come in and take land from a municipality. If you were going ko kake land from people: which is sacred -- it separated us from the USSR and communism and everything else - private ownership of land, a group of people as a -- as a community came together to decide what they wanted to do with their land -- that if that was ever going to happen thak there Would be gigantic hearings. There would be big public outcries. We would have, you know, hearing after hearing. It would be debated and debated when we -- when the State of Illinols was going to take land from the City of Chicago. It was going to be a big issue when this was going to happen. Well, ik's not a big issue. What are we doing this for? What are we taking land away from the Park Districk and the City of Chicago for? Why is the Governor doing this? This is not -- the President of the Senate isn't bringing this up. The Speaker of the House isn't bringing this up. The Governor is bringing this up. Why is he taking this land? Trying to figure that ouk. Why? I read the news reports. I read the newspapers. I read what's qoing on. I watch TV. They don't know. The newspaper reports today, they can't figure out what Governor Edgar is up to. They donlt know. I asked the Republicans. They don't know. I asked my colleagues. They don'k know. People on the Governor's skaff don'k know. I cannot flgure out why he is drawing the line in the sand and is going to take land away. He's golng to take land. Know whak he gives us? Nothing. The City of Chicago -- here's our offer to you, City of Chicago, here 's my offer: Nokhing. ThaE's what I'm going to give you for land. Man, oh man, even -- even the Dutch gave the poor Native Americans -- when they took Manhattan, they gave them 50  STATE 0F ILLINOIS 89TH GENCNAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119kh Legislative Day December 4, 1996 twenty-four dollars worth of trinkets. We don't even get that. I How about our -- you know, no bobbles, no bangles, no beads. Nothing. We get nothing for our lsland. Twenty-four bucks. Wow. That's not even abouk seventy cents a vote, we couldn't even get. Now the Governor -- I'm still trying to figure out his reason, because, as John Cullerton brought up, when he had this great package for school reform . Great package. I would venture to i say, even though it's closed door, I don't think he went to the House caucus then. I don't think he argued in front of the House caucus then. When wedre talking about educating our children: which ls a constikuency issue across the board in this Skate, where was he then trying to talk them into it? But there he was trying to talk them into kakinq land from the City of Chicagog which I cannot figure out. So, therefore, I got to ask one thing. If -- if that's what he tried to do, that's terrible. You can't take it over on a whim. Why? 'Cause he likes to fly khere. It ; mighk be safer for him. That's the way he wants to come in when he goes to wherever he lives in Chicago. Ik 's closer to -- ko the Thompson Center. That's ridiculous. There's no big hue and cry. Youdre going to take land away, ik better be for a reason. We fought a revolution over khis. King George would just go around i taking land. That's all he did. We stood up and said, HYou can't ' do khis, Kingl'. So what does -- King Edgar does? He goes and gets General Cornwallis and his redcoaks to come in here and try i to take away the land ...

PRESIDING OFFICER: (SENATOR MAITLAND) k Senator Molaro, your time is about to expire.

You know, I -- well, I think -- I think it's wrong. I think 1 it's wrong. He shouldn't do this. We fought hard not to have our land taken away, and I know -- I know the redcoats outnumber us, I and I know the votes are there and General Cornwallis is certainly 51  STATE OF ILLINOIS 89TH GENERAL ASSEMRLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 going to lead his redcoats, and we're going to lose today. But i 1111 tell you what, we'11 lose the batkle today, but the war is not over, and wefll be -- wepll rise and fight agatn. Thank you. I ! PRESIDING OFFICER: (SENATOR MAITLAND) I 1 Furkher discussion? Senator Walsh. Senakor Walsh. SENATOR wALsH: 1 I I'n sorry, Mr. President. My concerns were addressed by ! Sen I ator Cullerton and Senator Weaver. PRESIDING OFFICER: (SENATOR MAITLAND) I ! All right. Thank you very much. Last speaker, Senakor Jones. 1 1 SENATOR JONES: i Thank you, Mr. President. Will the sponsor yield? l I PRESIDING OFFICER: (SENATOR MAITLAND) I i Indicates he Will yield, Senator Jones. i I

Senator Philipy I in your answer ko a previous question as to ! the broad powers this bill gives khe Department of Transportation I I as relate to property on Meigs -- airport, as well as off, and j deals with private property and you indicated that for instrument i landing purposes Ehe Deparkment of Transportation may see -- deem it necessary to have those broad powers for -- in case you want to have instrument landing at khat park. Am I correct?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip. SENATOR PHILIP: j Simply stated, for safety. They want to make it a safer place to land airplanes. It makes all kinds of sense, Senator.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones.

I understand What youdre saying. So therefore, it does have power to take private property. Now: could you tell the Body what i i i 52  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 119th Legislative Day December 4, 1996 1 1 is instrument landkng? What would the authority have to do to install instrument landing? PRESIDING OFFICER: (SENATOR MAITLAND) i ! senator Philip. i

Yeah . They would have to work with the FAA to get a system approved.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Jones. SENATOR JONES: ; Well, I know they have to work with *he FAA, but what would have to be installed at the airport, if you got that approval, What would have to be installed on private property in and around Meigs airport?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip.

Well, at -- at this point, theylre not quike sure. It could E ! I be a navigation beacon. Youlre maybe jumping to khe conclusion I I thak they need to build some gigantic tower there to -- to direct i I everybody. I don't think that is a possibility.

PRESIDING OFFICER: (SENATOR MAITLAND) Senakor Jones.

Wellp I know that -- I see Secretary Brown there, so he's being rather evasivey but let's deal with the real issue. What -- what that really means, Senator, is that, for instrument landing, they will probably have to install those lights and rafters so the k airplane I ,asitcomesin,they'llbeabletospotthose,andIitsee -- which could be -- possibly be placed on private property. l they're -- they're shaking their heads over there, but they won't give you a correct answer. And it does have the power to deal with 53 i STATE OF ILLINOIS 89TH GENERAL ASSEMRLX REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 -- it could be Prudential Plaza. It could be Lake Point Towers. ' It could be -- deal with any of the high-rises north of Meigs I 1 airport. But, again: that's not the real issue. The issue boils ! ; down to whether or not the people of the City of Chicago, who ; ( elected their elected officials, whether or not they have control to decide as to what they want to do in their city. It's just that simple. Be it Peoria, Springfield, Rock Islandy Rockfordy the local control -- the people elected their representative to speak for them . Now , all of a sudden, here -- along comes the Governor, for his own personal use, I believe, for convenience, he'd like to land in -- in Meigs airport. But I've used Meigs I ! i airport, and ik's been pointed out, many times I fly in and out of ' , Meigs airport, every month the number of people you see there declines month after month after month. There has been so much talk about revenue. The plans that have been presented for the park and the facilities there would generate ten times the amount of revenue for the economy - not only for the City of Chicago, but also for the State of Illinois. It's really shocking to me, and I heard Members mention khis on *he Floory that the Governor would go to the wall on an issue, but he would not go to the Wall to protect the schoolchildren of the State of Illinois. He would not go to Ehe wall to even see to ik that they have a safe environment in the school, when we tried to put forth a bond issue to fight the deterioration of schools throughouk the State of Illinois. But he's twisted your arms and you have gave -- given in very meekly. I know most of you on that slde of the aisle belleve in local conkroly but you have decided this is where the war begins. This is Where the shot is being ftred. Like Fort Sumter. This is I the war. It's very foolish. It's stupid. It didn'k have to 1 i happen this way, but you have decided beeause the Governor wanked i I to have an airport Where he can fly closer into the office ! downtown, of Chicago. Very unfortunate. I Wish he had the i . 54  STATE 0F ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 I courage to stand up for the schoolchildren of Illinols. I Wish he ' had had the courage, after calling the Special Session of the General Assembly: to walk into the Republican Caucus and say, HLet the bill be heard so we can properly fund education in the State ; of Illinois.'' But he had the courage for his oWn personal use and convenience to call you in and say, ''I want you to vote for this; I want you to voke for thatd v and we recognize, by a mere two i hundred votes, that youdll be in the majority next Session. We recognize that. But the people spoke. They spoke loud and clear this past November and theydre going to speak in the future. And by the time we're through with the recounty perhaps we will have k the thirty votes. But let's not play politics With -- with this issue. We know you want local control, but don't cave in every time khe guy on the second floor call you. Cause ninety -- ninety percent of the time you call on him, your request falls on deaf E ears. Always remember that. PRESIDING OFFICER: (SENATOR MAITLAND) ! Senator Phillpz to close.

Thank you, Mr. President and Ladies and Gentlemen of the Senate. And I've been around for a long time, and I have flown on i the State planes for a lonq timer and I khink in my twentysome years I've flown in and out of Meigs three times. Personally, i doesn'k make any dlfference ko me one way or another. Period. It might even help Dupage County Airport. We might get some of the kraffic and some of the revenue. In trying to be fair and objective, and look at this thing objectively, and why are we E here? You try to blame it on the Governor. We're here because the Mayor of the City of Chicago arbitrarily shut down a airport, I after he had signed an agreement with the State of Illinois on (sic) 1990 for twenty years. That's why we're here. The Governor . didn't do it. The Governor has tried to negokiate it. The Mayor I I 55 ' STATE OF ILLINOIS 89TH GENEQAT, ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 decided arbitrarily to shut it down, and he did it. That's why we 're here. We 're not here because of the Governor; because of the General Assenbly. I'm sorry it's become such a partisan issue. It should not be a partisan issue. Quite frankly, most of my Members feel the way I do. You know, We shouldn't be arguing this issue, but you did it. You started it. Xou have done it. You know, it's interesting to me in listening ko Mr. Claypool, who 's a very bright, articulate man, his only argument for closing down the airport is for an additional park in the City of Chicago. I listened to him, and that was -- that was his rationale. We're going to close the airport for another park. There are - what? - twenty-three miles of park on Lake Michigan. I had one of my Democrat Senator friends tell me -- where did khey come up with the twenty-nine nillion? Where did they find it? They find it in a shoe box someplace? All of a sudden theylve got twenty-nine million dollars they can jusk throw away -- can spend. If you do have the twenty-nine million, why aren't you repairing those parks I Ehat are in lousy shape and need some repair? And spread them l j around in those Senate districts that have parks that need l ! repairs, if youdve got twenty -- twenty-nine million dollars to spend. I would suggest you ought to do that. It's interesting to mey because the City 's always lookinq for money. Generally speaking, they find a lot of money, and I don't think most people i thought about this. The last tax increases for the City of Chicago that the Mayor just put through. Parking tax. Who pays , khat? Guess Who. Suburbanites. Increased the water tax in the 1 City of Chicago. Who's the biggest customer? Guess who. Dupage I i County. We are your largest customer, friends. Cellular phone tax . Who pays a lot of that? Suburbanites. The only tax that he I i put on that the City pays is the real estate tax. Other than E that, we are helping you. NoW we -- We see Where Meigs brings in, in round figures, seventy-two million dollars a year, and the i 56  STATE OF ILLINOIS 89TH GENEDAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 Mayor's Willing to give it up. Are you kidding me? I mean, I can't understand hoW you can just sayy seventy-two million, kiss good-bye, I don't need the money. Let me kalk a liEtle bit about safety . I had a man call me up and he Was kind of emotional because his brother had been in a boating accident around Meigs Field, and it was a very serious accident. They rushed him over to Meigs Field. The choppers picked him up, took him to khe hospital. He said, 1'My brother'l -- ''If the choppers Weren't khere, if Meigs Field Wasn't open, my brother probably would have died. For no other reason, you ought to keep it open for safetyo'' Those -- khose Coast Guard helicopters are noW in Michigan. Merry Christmas. Let me also talk about this agreement tbat -- and I tell you, it's interesting, I have a ten-paqe agreement that was signed in 1990 by about everybody but the Pope. And I'm just qoing to tell you who signed this. Secretary of Transportation, City Clerk, City Controller, Commissioner of Aviakion, Assistant Corporation Counsel: and Richard M. Daley, Mayor. It is an agreement - a ten-page agreement - to keep it open for twenty years. Well, that was in 1990. If my arithmetic's right, we still ought to honor this contract. The City is breaking this contract. For what reason? Well, we have to have another park. No question in my mind. Let me also say -- say this, that one of the issues that was brought up, you know, wedre using motor fuel funds. That is absolutely incorreck. It's coming out of GRF. They also tell us whak? They khink by privatizing ik, increasing the fees a little bit, that that airport, down the road, will make money; it will show a profik. I happen to be for that. I -- I'n for privatizing a lot of things, because I happen to think the real world can do a lot better job, generally speaking, khan government. And you know What? The Governor is absolutely right. And I donît care, if you bring anybody in that hearing room today and sit them down, and I don't care what persuasion they are, and 57  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT l 119th Legislative Day December 4, 1996 ! I 1et them listen to khe arguments on both sides, they will come to the same conclusion that I have. That the Governor is right. And he's tried to vork ouk a reasonable compromise. You started it. ! You did it. You closed it down. Now this was given to you. Just so you have a historical background: 1903, the State gives the land to khe City of -- gives it to Chicago. 1935, the State approves use of the land for an airport, specifically. 1947, the Skate grants a request from khe Chicago Park Diskrick to permit -- to add more land, expressly for the purpose of airport development. Airport developnent. 1947, the State funnels 4.4 million dollars to develop the airport. The State funnels 4.4 million dollars ko the airport -- to build the airport. 1990, Mayor Daley promised to keep Meigs Field open for twenty years, when he signs a federal/state grant agreement. I have it if you'd like to look at it. 1'11 kell you, when I sign an agreement, I will stick with my agreement whether I like it or not. It would appear the ciky doesn'k feel thak way . Ikls a shame iE got inko such a partisan thing. It shouldn'k be a partlsan issue. We oughk to do what's right. In my -- in my judgment, you gave the State no option. You closed it. ïou did it. They had no option to keep Meigs out. 1'11 tell you, I wish I would have been -- could have foreseen khis, because I would have bought stock in fax companies. If I get another fax in my office to keep Meigs Field open -- I can't believe it. Over two hundred fax. I bet I have two or three hundred letters. I have five or ten letters ko keep it open, and I call them from the Greenleafers. And I love the Greenleafers. If the Greenleafers had their way, they 'd had -- khe Loop would be a park. Buk anyway, the Governor's right. Welre right. Let's do the right thing. Let's keep lt open. Let's give the City of Chicago its seventy-four million dollars to run the i l City. And afker all, we gave it to them for one reason only, an airport. They have changed their mind: and they are wrong. 58  STATE OF ILLINOIS 89TH GENERAL ASSEMNLY REGULAR SESSION SENATE TRANSCRIPT i 119th Legislative Day December 4, 1996 PRESIDING OFFICER: (SENATOR MAITLAND) 1 Senator Jones, the Gentleman was closing. What's your point?

Point of order, Mr. President.

PRESIDING OFFICER: (SENATOR MAITLAND) I'm sorry.

Point of order.

PRESIDING OFFICER: (SENATOR MAITLAND) State your point.

The previous Gentlenan that spoke, he should at least read into the record the correct information. The correct information, 1 ! as it relate to the lease, was a -- was -- What you are kalking ! about the twenty-year contract is between the City of Chicago and i ! the State of Illinois. However, the City cannot enter into a -- I an agreement beyond the lease which the Park District had given I the City to operate the airport. Thak'sjusk khe reasonWhy. If 1 you had read the correct information into the record, Senator l Philip, then you would have known that they could not go beyond. And -- and the feds recognize thak particular point in the grant that was awarded to the -- the Park District. That's why your legislation -- when you talk about the Ciky of Chicago, the legislation you have before you, it's not the City of Chicago, it is the Chicago Park Dtstrict, which is a separate entity of government.

PRESIDING OFFICER: (SENATOR MAITLAND) All right, Senator Jones. That's fine.

So 1111 be -- I want...

PRESIDING OFFICER: (SENATOR MAITLAND) All rightr Ladies and Gentlemen. This is -- are you 59  STATE OF ILLINOIS 89TH GENEQAL ASSEMBLV REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 concluded? Yeah. I'm sorry, Senator Jones. This is final ackion. The question is, shall the Senate concur in House Amendments l and 2 to Senate Bill 1186. Those in favor will vote Aye. Those opposed, Nayp The voting is open. Have all voted who wish? Have a11 voted who wish? Have a1l voted who wish? Take the record, Mr. Secretary. On that question, there are 32 Ayesp 27 Nays, no Members voting Present. The Senate does concur in House Amendments l and 2 to Senate Bill 1186, and the bill, having received khe required constitutional majority, is declared passed. Al1 right. Ladies and Gentlemen, on -- on the Supplemental Calendar, the middle of the page of the Supplemental Calendar, on Conference Committee Reports. Mr. Secretary, do -- this will be Senate (sic) Bill 1653. Senator Butler. Senator Butler on the Floor? Senator Butler on the Floor? Mr. Secretary, do you have on file a conference committee report on House Bill 1653?

Yes, Mr. President. First Conference Committee Report on House Bill 1653.

PRESIDING OFFICER: (SENATOR MAITLAND) Senakor Butler.

Thank you: Mr. President. Ladies and Gentlemen, this is the mother of al1 merely bills, because in -- because in the original passage of House Bill 1653, we inadvertently included municipal-owned water commissions, and there was no intention to do that. The ICC certainly doesn't want to extend its powers down to khat level. So this corrects that situation. Ik -- it removes the power of the Illinois Commerce Commission to control local Water commissions, and I ask for your vote.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is there discussion? The question is, shall the Senate adopt the Conference Comnittee Report on House 60  STATE 0F ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I i 119th Legislakive Day December 4, 1996 I I Bill 1653. Those in favor Will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted Who wish? Take the record, Mr. Secretary. On that question, there are 59 Ayes, no Nays, no Members voting Present. The Senate does adopt the Conference Committee Report on House 9ill 1653, and the bill, having received the required three-fifths majority, is declared passed. Senator Madigan, for whak purpose do you arise, sir?

Thank you, Mr. President. Purpose of an announcement.

PRESIDING OFPICER: (SENATOR MAITLAND) State your point.

The Senate Insurance Committee meeting that was scheduled upon adjournment to consider Conference Committee Report to Senate Bill 454 has been cancelled and rescheduled for 8:30 konorrow morning in Room 400, and IId like the Members -- be prompt. Itdll take a few minutes and we dll get that on the road. Thank you.

PRESIDING OFFICER: (SENATOR MAITLAND) Thank you, Senator Madigan. A1l right. Middle of page 2 on -- on the Supplemental Calendar is Senate Bi11 1459. Senator Walsh. Ladies and Gentlemen, we have two more items to do, and I'm not going to start until we have some order in the Chamber. . .. secretary, do you have on flle a conference committee report on Senate Sill 1459?

Yesr Mr. President. A First Conference Committee Report on Senate Bill 1459. i

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Walsh. SENATOR WALSH: i I Thank you, Mr. President. The Conference Committee Report on i 61  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 Senate Bill 1459 has three provisions. The first one is clean-up language ko House Bill 346, regarding courthouse security officers. The second is a ''two strikes, you're out'' for aggravated kidnappers, which makes it a Class X felony for a person who is convicted of a second or subsequent offense of aggravated kidnapping if they were -- if their first conviction came after the first offense -- or, if their second conviction came after the conviction of the first offense. The third is technical changes to the Sex Offender Notification (sic) Act. And I1d be happy to answer any questions.

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Is khere discussion? The question is, shall the Senate adopt the Conference Committee Report on Senate Bill 1459. Those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted Who wish? Have all voted who wish? Take the record, Mr. Secretary. On that question, there are 59 Ayes, no Nays, no Members voting Present. The Senate does adopt the Conference Commitkee Report on Senate Bill 1459, and the billy having received the required constitukional majority, is declared passed. Okay. The bottom of the -- of page 2 of Supplemental Calendar is Senate Bill 1766. Senator Philip . Mr. Secretary, do you have on file a conference comnittee report on Senate Bill 1766?

Yes, Mr. President. The First Conference Committee Report on Senate Bill 1766.

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. And this bill is an agreemenk between the Governor and the Illinois Secretary of State in regards to those fee increases. And 62  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT I 119th Legislative Day December 4, 1996 it does end up giving libraries and everybody else more money. It l does allow the Secretary of State to use some money to improve his computers and his computer facilities. Be happy to answer any 1 queskions. I say, it's an agreement with the 2nd Floor and the Sectetary of State. :

PRESIDING OFFICER: (SENATOR MAITLAND) Is there discussion? Senator Collins.

Yes. Thank you, Mr. President and Members... i I

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Collins. 1

Thank you, Mr. President and Members of the Committee (sic). As I said in Committee earlier today, I -- I commend George Ryan for his kireless efforts in khe area of literacy programs I throughout this State, and I know that in order for him ko get these fees passed and signed by the Governor that he had to enter : 1 into this agreement to siphon off some of this money to another ' fund that will not be used for that purpose. I understand polltics, and so this was one of those political maneuvers. But i I it's so unfortunate, because I'm not too clear about what this i special fund will be used for, and there is money in that fund l now. And if it's used for what khe sponsor or one of the -- said l I that khis money would be used for - one of the witnesses - then I ; don't know why Loleta couldn'k get the money to upgrade khe computer syskem in the Comptroller's Office. She's talked about i it throughouk her campaign. So did 1. So did Dawn Clark Netsch before her, talked about the need to do that. Hopefully would l have brought about more accounkability for State government so that we could get more accurake figures when we gek -- for the -- when khe budgekeers get ready to sit down and -- and -- and craft : a budget for the next -- year -- fiscal year. But no one can tell 63  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 me whether or not and what this money is going to be used for. I1m going to support the bill because this is the only way George had in order to get that extra fee to support the literacy program, but I would hope that We Would come back here and make sure that we know What this other noney is going to be used for and that all of the money from that fee go into the literacy program. We most certainly need it, because there's a tremendous need out there unmek.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Eawkinson.

Thank you, Mr. President. Will the sponsor yield for a queskion?

PRESIDING OFFICER: (SENATOR MAITLAND) Indicakes he Will yield, Senator Eawkinson.

Senator, we don'k - can't locate any analysis over here. Does this -- does this bill raise any fees or increase any fees?

PRESIDING OFFICER: (SENATOR MAITLAND) Senator Philip.

gefore. What khis does is allow the Secretary of State some flexibility to use the stuff for computersz and understand it also allows the libraries to use some fees for computers. And the Library Association, I've been 1ed to believe, has signed off on this. And in -- ko -- to Senator Collins: I think that George Ryan is a much better negotiator with the Governor than the Comptroller.

PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Collins, are you finished? Senator Demuzio.

64  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day December 4, 1996 Well, thank your Mr. President. I rise in support. There was some questions that I had as to where -- if there was any Way in which we might be taking money away from the library systen in Illinois. The fact of the matter is that we will not be. I understand thak this was some sort of agreement that was Worked out later, after the fee bill that passed. It's my understanding that the additional revenue thatdll be transferred to the Statistical Services Fund, to be administered by Central Management Servlces, will go for automation and technology statewide. And I certainly concur with Senator Philip that, in fact -- that the Governor (s1c) is a bekter negotiator than is the Comptroller, okherwise we wouldnlt be going through this nonsense with her automation. I would rise in support of this, and I request an Aye vote. PRESIDING OFFICER: (SENATOR MAITLAND) Further discussion? Senator Karpiel. Any further discussion? Senator Philip, to close. SENATOR PHILIP: Yeah. I would appreciate a lot of green lighting up there, and we ought to do what's right for the libraries, for the Governor, and for our wonderful, outstanding Secretary of State, George Ryan. PRESIDING OFFICER: (SENATOR MAITLAND) The question is, shall khe Senake adopt the Conference Comnittee Report on Senate Bill 1766. Those in favor will vote Aye. Opposed, Nay. The voking is open. Have all voted who wish? Have al1 voted who wish? Have all voked who wish? Take the record, Mr. Secrekary. On that question, there are 58 Ayes, no Nays, no Members voting Present. The Senate does adopt the Conference Committee Report on Senate Bill 1766, and the bill, having received the required constitutional majority, is declared passed. Is there any further business to come before the Senate? 65 i !  STATE OF ILLINOIS 89TH GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day Decenber 4, 1996 If nok: Senator Geo-Karis moves the Senate stand adjourned until 9 a om. Thursday, December 5th. 66  z' REPORT: TIFLDAY STATE OF ILLIKOIS 97/01/0T PAGE: 001 89TH GEXERAL ASSERBLY 21:47:57 SENATE DAILY TRANSCRIPTION OF DEBATE INDEX DECEMBER 0k, 1996 H8-0365 SECOKD READIVG PAGE HB-OMA: SECOND READING PAGE H8-0632 CONFERENCE PAGE H3-0632 OIHER PAGE HB-1131 SECOND READING PAGE H8-1653 CONFERENCE PAGE HB-2k06 7ET0 ACTION PAGE H8-2595 SECOND READING PAGE HB-2T02 REFPSE T0 RECEDE PàGE H8-2963 SECOND READIKG PAGE SB-1186 CONCPRREKCE PAGE SB-1459 CONFEREHCE PAGE 58-1684 CONFERENCE PAGE 58-1766 CONFERENCE PAGE 5R-0265 RESOLPTION OFFERED PAGE 3R-0266 RESOLUTION OFFERED PAGE 5R-0267 RESOLETION OFFERED PAGE 5R-0268 RESOLPTION OFFERED PAGE :R-0269 RESOLETION OFFERED PAGE SR-0270 RESOLDTION OFFERED PAGE SR-0271 RESOLBTION OFFERED PAGE HJR-0075 ADOPTED PAGE HJR-0139 RESOLKTION OFFERED PAGE SJn-0117 HESOLDTION OFFEPED PAGE SBBJECT MATTER SENATE T0 ORDER-PRESIDENT PHILIP PAGE PRAYER-PASTOR DAVID C0X PAGE PLEDGE OF ALLEGIANCE LED BY SENATOR SIEBEN PAGE JOPRNAL-POSTPONED PAGE COMHITTEE REPORTS PAGE HESSAGE FROH THE PRESIDENT PAGE MESSAGES FROH THE HOVSE PAGE COMHITTEE REPORTS PAGE REMARKS BY/AND CONCERNING SENATOR PâLMER P6S 9-15 PâGE SENATE STANDS IN RECESS PAGE SEKATE RECONVENES PAGE SENATE STANDS IK RECESS PAGE SENATE RECONVENES PAGE COMMITTEE REPORTS PAGE HESSAGES FROM THE HOUSE PAGE SENATE STANDS IK RECESS PAGE SENATE RECONVENES PAGE ADJOURNMENT PAGE