Illinois House Floor Debate — May 24, 2005

“Thank you, Speaker. Please let the record show that Representatives McKeon and Verschoore are excused today.” Speaker Lyons, J.: “Thank you, Representative Currie. Representative Bost.”

“Thank you, Speaker and Members of the House. The… Illinois Association of Re… Rehabilitation Facilities celebrates its 30th anniversary this year and members of that organization are with us today in the balcony. And I hope you will join with me in recognizing the value of the important community services they provide to our disabled comrades and colleagues. And I hope you will also join me in wishing them a very happy 30th anniversary. So, time for a warm, Springfield welcome.” Speaker Lyons, J.: “Welcome to Springfield and thanks for all your hard work. The Chair recognizes the Gentleman from Bond, Representative Ron Stephens. For what purpose do you rise, Representative?”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have before you House Bill 990. House Bill 990 requires that gun dealers be licensed with the State Police. This would require gun dealers that are now currently licensed at the federal level to be licensed with the State Police. This would give the added support for this legislation that we… for the… this measure. Currently, there are only 15 federal inspectors monitoring nearly 3 thousand gun dealers in the State of Illinois. There are two locations that have been known to make the national registry for selling handguns that have been used in crimes. Adding the State Police as support would help in monitoring, making sure that gun dealers are making the appropriate sales and doing the appropriate background checks for individuals. Over the last couple years I’ve been working on this issue, working really hard. I have made some concessions to the NRA, adding to this measure that police… the police cannot just go into the record willy-nilly, just looking into gun sales. But, Mr. Speaker, more importantly, this is a very important issue to the State of Illinois and also to my constituent base at 09400056.doc 9  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 home where we are riddled with grime… gim… gun crimes in our area. And I would ask, Mr. Speaker, that you would take this Bill out of the record and allow us to have hearings on this matter over the summer.” Speaker Lyons, J.: “Is there any… Thank you, Representative. We’ll take that Bill out of the record on the request of the Sponsor. Mr. Clerk, on page 5 of the Calendar Representative Hamos has House Bill 1663. Read the Bill, Mr. Clerk.”

“Thank you. Mr. Speaker, Ladies and Gentlemen, this is the Bill that will restructure the paratransit program for the RTA region. Paratransit services are important but very expensive services that are required under the Americans for Disabilities Act. These are the door-to-door or curb-to-curb vans that… that the… both CTA and PACE in the RTA region are required to provide. What we learned as we looked into as our committee became… was formed and Representative Kathy Ryg, who did an excellent job of holding subcommittee hearings, we learned a lot about the paratransit programs that are currently in place. And what we learned is that there are, since 1990 when the ADA came about, there developed two totally separate systems. One run by CTA the other by PACE. They have separate fares, they have different policies on scheduling. They have 09400056.doc 10  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 different policies on… on dis… deploying these transit providers. They have different policies on pick up. And what we discovered from that is that the system is not as efficient or effective as it could be. Today, that system for both CTA and PACE cost the combined total of $65 million which was never contemplated at the time that the 1983 funding formula was created. So, Ladies and Gentlemen, this Bill would first of all, beginning immediately, make RTA responsible for funding and fiscal oversight of the paratransit program. Secondly, beginning a year from now, July 1, 2006, PACE would become the operator for the entire RTA region. Thirdly, we would set up a six-month planning period to make sure that this transition was happening smoothly and effectively and that there is no interruption in service. So, the six-month planning period would design all the consistent policies that need to be in place. Fourth… Thank you. Fourthly, it would make RTA responsible for creating a long-term funding plan which is very important to this exponentially growing service. And finally, we hope that we will also be able to have, for the first time since 1990, some state funding to support the paratransit program and also that we will be able to make some of the rides, especially those rides to doctors’ offices, eligible for the federal Medicaid match. And to the extent that we can do that, a $26 ride could receive maybe up to $13 of reimbursement from the Federal Government. So, what we are doing is creating an effective, efficient regional program for 09400056.doc 11  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 paratransit services for disabled people. We have worked on this closely with the disabled community and I’m available for questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

“Well, this Bill is the substantive Bill which creates the structure under which paratransit services can be provided to the extent that we can have new funds that would be negotiated through the budget process.”

“The way that the funding formula is designed is that some monies that come in from the sales tax go right through a formula for distribution to CTA, PACE, and METRA. Fifteen percent of sales taxes come to the RTA in what’s called the Discretionary Fund. In addition, the state matches the sales taxes collected in the RTA region, that goes into the Discretionary Fund. Currently, all of the 09400056.doc 12  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 dollars spent on paratransit services, especially by CTA, are paid for through the Discretionary Fund. Most of the services by PACE are paid for through the Discretionary Fund. This doesn’t change that. If we can’t find additional dollars through the State and Federal Governments, the only money that RTA has available to it is the Discretionary Fund.”

“You know, Representative Parke, let me say this again. This is a federal mandate under the Americans for Disabilities Act. We are going to pay for it one way or the other. Now, right now, CTA and PACE are paying for it through the RTA through the Discretionary Fund. I’m hoping that we, for the first time in 15 years, will find some state dollars to help to support this. That is long overdue. It is the equivalent of paying for special education. It’s the responsibility of the state. If we can find state dollars and hopefully federal dollars, that will offset some of what the Discretionary Fund is paying for. If we can’t find state and federal dollars, it’s the same funding source that’s available currently.”

“Well, and I wanna reassure you that there’s no intent here to reduce any of the services provided by CTA and PACE. And in fact, CTA and PACE are both supporting this. What we’re doing is creating a regional paratransit program that we think actually will be more efficient and will provide better service. But I would like to remind you that the Discretionary Fund that is distributed right now to CTA and PACE is more than $200 million. This combined program for CTA and PACE is $65 million. So, the money is the same money that everybody has and it comes through the RTA. There’s no additional dollars in this Bill. What I’m hoping and I wanna be honest about this, it is time and I believe it’s long overdue that the state and hopefully the 09400056.doc 14  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 Federal Government help pay for what truly is an unfunded mandate, an important but very expensive service for people with disabilities.” Speaker Lyons, J.: “Representative Parke, your 5 minute’s up. If you could conclude your remarks, we’d appreciate it.”

“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”

“Representative Hamos, will the parariders see an increase in their fare… in their fare costs?”

“As… as of right now, the PACE riders are already paying more than the CTA paratransit riders. They’re paying $3. The CTA has already announced that as of July their paratransit riders will be paying double the fare, which they’re enti… they’re allowed to do under the federal policy. So, paratransit riders will be paying $3.50 as of July 1, under the CTA plan.”

“And how much does a fare cost CTA? If it’s 3.50 for the person, that means that we will see an increase in our districts in Chicago and comparing that to the price for the ride… Well, how much is that ride?” 09400056.doc 15  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“I think that’s an important point, Representative Delgado. We have something in the transit formula that’s called the cost recovery ratio. That means that approximately 50 percent of… with the fares only pay 50 percent, the cost of the ride. So, for example, when we take fixed route service and we pay $1.75, that ride in CTA costs about $3.50. In the case of paratransit, the ride costs $26.00. So…”

“Per ride?”

“Per ride, one way. So, that’s why both PACE and CTA have felt the need to slightly raise the… the paratransit fare, but even so, it’s only going to pay for 10… 10 percent of the cost of their ride.”

“So even if we see a small increase in some of our areas, would you agree that the… now with the opening up of the system with PACE and RTA, I understand now the pararider will be able to cross regions without having to incur additional costs. Is that correct?”

“That is correct. In fact, I think there might be some distance-based fare policy to be developed…”

“And that…”

“…as part of this planning so some costs could be reduced, some fares. And some longer fares would be priced differently than shorter… than shorter trips.”

“So, if a person that in the old way, in the old day, if this becomes law, pay 26.50 to go one way and they crossed into the PACE area, they would’ve had to pay 09400056.doc 16  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 another cost at that time, possibly the same amount or more?”

“Well, I… I’m not sure about that because I think that for both PACE and CTA they have had responsibility to transport the disabled rider to whatever destination that rider wished. But here is what makes this program very ineffective and inefficient. If, for example, a PACE rider boarded in the suburbs and came downtown, which they’re allowed to do on paratransit, that paratransit could not pick up anybody for the return ride. They had to go back empty.”

“So, they would go back empty and once that seat is gone you don’t sell it again, is that correct?”

“And… Oh, and that just makes it a very inefficient and expensive service. So, we hope that this kind of approach, making it a regional system, will lend to more efficiencies in the provision of rides.”

“Thank you, Representative. To the Bill, Mr. Speaker.” Speaker Lyons, J.: “To the Bill.”

“I have quite a few parariders in my district. And saluting Mr. Gorman and Mrs. Gorman who also participate in the Chicago Lighthouse for the Blind. Being a former CTA bus driver and running down the streets on Sheridian Road, Lincoln Avenue, out in Evanston, to Skokie Swift, you name it I’ve driven it, from the south side to the north side. Understanding that that was another day and age, understanding how it works today, the most vulnerable of 09400056.doc 17  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 our citizens need public transportation. Our moms and dads use public transportation. For heaven sakes, many of us use it. So when we talk about protecting people and making sure that if at the bottom… at the end of the day, if my youngest child or my most needy child needs to make sure that we protect someone, I wanna make sure that we’re protecting the parariders, making sure that we’re not balancing the bailout, if you will, on the parariders’ back. And it sounds to me that we truly are not. On the contrary, we really are helping each other within our regions. Now this is democracy. This is bringing Illinois together. Because I understand, if you read your analysis, PACE will be working strongly behind the scenes and implementing programs. The RTA will be doing the same thing. And we’ll be able to cross each others res… regions. At the end of the day the beneficiary will be our constituent, that person who cannot wait too long for that transportation, who may need that door-to-door service. And for that, I would ask for a strong recognition and an ‘aye’ vote. And please read your analysis because at the end of the day transportation’s important. It’s more important for those who may need that wheelchair, may need that extra crutch to get around. Thank you, Mr. Speaker.” Speaker Lyons, J.: “Chair recognizes the Gentleman from Lake, Representative Ed Sullivan.”

“That is correct. That’s the only money they would have available.”

“Well, Representative Sullivan, in the first year we are not moving the services over to PACE, although maybe by the last quarter that… there could be some transitioning. In the first year, this next fiscal year, RTA is going to assume responsibility and we’re going to create a comprehensive plan that spells all this out and lays out all the policies. During this year, I hope there will be some state funding to help support paratransit services both provided at CTA and PACE. This supple… whatever is the shortfall would be paid by the Discretionary Fund.”

“What… I… I don’t know what you mean.”

“You know, I don’t… I don’t think I know the answer to that. I mean… RTA is charged with developing a budget and doing fiscal oversight in the RTA region. I can tell you that, we, as a state and the funding formula itself, has never paid adequately for this one service. So ya know, the Discretionary Fund has been used to supplement it, but nobody’s really paid for it, to tell ya the truth. So, I… Ya know, I don’t know.”

“I’m not sure it’s that high. But it’s certainly more than 90 percent. Yes.”

“Representative Tryon, I… I’m not sure that’s exactly the right number. Let me just tell you why. When I said 65 million, that incl… that combined both CTA and PACE. CTA by itself is 52 million. It receives 6 million in fares, so the cost is 46.”

“So, I believe that the 46 number relates only to CTA. There would be a similar kind of fare offset for PACE. PACE’s paratransit program costs 13 million.”

“Yes.”

“I agree with that.”

“I agree with that. Ya know, PACE is also struggling right now with their budget. They just haven’t been as loud and noisy.”

“But I don’t set the RTA budget, just so ya know. I’m not gonna be the next chairman.”

“Representative Krause, I’m actually very excited about your pilot program. I think it’s going to be a real model and I can tell you that Representative Ryg in… in her subcommittee has begun to explore still another facet of paratransit which is the small… and… the small programs that are being run by municipalities and townships. Right now they don’t do enough to coordinate their services and 09400056.doc 24  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 cross boundaries. It’d be… PACE has two kinds of paratransit programs currently in place. One is what we’re addressing in this Bill and it’s called ADA paratransit, it’s required under the Americans for Disabilities Act. They have another program in place which also costs $13 million which is… they call the Dial-A-Ride program, that pilot is under that other Dial-A-Ride program. So, these are two separate programs that will continue as separate programs.”

“Yes, definitely.”

“May I ask Representative Ryg, who has been an excellent subcommittee chair, to close?” Speaker Lyons, J.: “The Chair recognizes Representative Kathy Ryg to close.” 09400056.doc 25  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“Thank you, Mr. Speaker and Representative Hamos. Ladies and Gentlemen, this proposal was developed in response to long overdue neglect of how paratransit services are delivered and paid for. The consumers have been vocal in their concerns regarding uncoordinated and inefficient services. The entire northeastern Illinois region and rural areas of the state are struggling with how to provide these vital services for the growing numbers of people who depend on them. We have an opportunity to bring paratransit services and the RTA region under one service provider. PACE has already demonstrated its commitment to central dispatch and the use of technology to better coordinate trips. They are endorsed by their riders and are partnering with private providers, local governments, and human service providers to streamline and coordinate their services. PACE has taken steps to explore federal matching dollars for eligible trips for eligible riders bringing in new sources of revenue for paratransit. This legislation is an important first step toward improving paratransit and mass transit options for the RTA region with implications for service delivery throughout the state, taking advantage of best practices and models that are being used throughout the nation. I ask for your full support of this initiative, not only on behalf of the seniors and disabled community, but with an eye on the future when any one of us could unexpectedly be dependent on these services. Thank you.” 09400056.doc 26  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 Speaker Lyons, J.: “We’ve heard the full debate. The question now is, ‘Should House Bill 1663 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Leitch, David Leitch. Mr. Clerk, take the record. On this Bill, there are 92 Members voting ‘yes’, 22 Members voting ‘no’, 1 person voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Will with an important announcement. Representative Joe Dunn.”

“Thank you, Speaker, Members of the Body. 3464 is an agreed piece of legislation. It was several years in the working. We know of no objection to the Bill and ask for an ‘aye’ vote. Thank you.” Speaker Lyons, J.: “Is there any discussion on House Bill 3464? Seeing none, the question is, ‘Should House Bill 3464 pass?’ All those in favor signify by voting ‘aye’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunn. Mr. Clerk, take the record. On this Bill, there are 112 Members voting ‘yes’, 0 voting ‘no’, 3 Members voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 5 of the Calendar is House Bill 3760. On the request of the Sponsor, move that Bill from Third Reading back to Second Reading. Mr. Clerk, on page 7 of the Calendar is Senate Bill 1853. At a request of the Sponsor, move that Bill from Third Reading back to Second Reading. Senate Bill 1853 to Second Reading. I’m gonna proceed with some Bills on Second Reading, House Bills on Second Reading, starting on page 3. Mr. Clerk, status of House Bill 1871. Read the Bill, Mr. Clerk.”

“Amendment 1 simply clarifies some technical language at the request of LRB to facilitate the brain tumor checkoff. We know obviously of no objections to this.” Speaker Lyons, J.: “Is there any discussion on Floor Amendment #1 on Senate Bill 61? Seeing none, all those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. Floor Amendment #1 is adopted. Anything else, Mr. Clerk?” 09400056.doc 30  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“Just a comment about the legislation. I wanna commend the Sponsor and I appreciate his willingness to consider House Amendment #2. That Amendment is stuck in Rules and probably will never leave. But I appreciate your living up to your word on allowing that Amendment to move forward. And I have no reservations about moving this legislation forward. So, thank you.” Speaker Lyons, J.: “The Motion to Table Amendment #1, all those in favor signify by saying ‘yes’; those opposed ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And table 1… Amendment #1 is tabled. Anything further, Mr. Clerk?”

“Yes, thank you, Mr. Speaker and Members of the House. When I presented the Bill last week there was an Amendment that inadvertenly got on and I’ve asked for the table of Amendment #1 so that the underlying Bill will remain intact. And I would ask for your approval.” Speaker Lyons, J.: “Motion to Table Amendment #1. Any discussion? All in favor signify by saying ‘yes’; those opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. Table… Tabled is Amendment #1 to Senate Bill 519. Anything further, Mr. Clerk?”

“Thank you. Floor Amendment 1 is an agreement by all parties and the intent is to reduce health insurance and health care fraud… Excuse me. To reduce health care fraud in Illinois. It amends the number of regulatory Acts and require Department of Financial & Professional Regulations shall suspend the license of any professional licensed under these Amendatory Act if it’s been certified by the court that they have not paid restitution. So what this Bill does, in effect, is saying when there has been some fraud, and insurance fraud, which has been determined by the court, they’ve gone through all their due process, they have decided that they are not gonna make restitution, then they may go back in… the courts may come back in and allow for their licenses to be removed. Simply ask for its adoption. That also…” Speaker Lyons, J.: “Are there any questions on Floor Amendment #1 to Senate Bill 538? Seeing none, all those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor 09400056.doc 35  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 Amendment #1 to Senate Bill 538 is adopted. Anything further, Mr. Clerk?”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment 1 just basically clarifies the language and removes the opposition for the Bill. I ask for adoption.” Speaker Lyons, J.: “Is there any discussion on Floor Amendment #1? Seeing none, the question is, ‘Should Floor Amendment 09400056.doc 36  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 #1 pass?’ All those in favor signify by saying ‘yes’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 is adopted. Anything further, Mr. Clerk?”

“Thank you, Mr. Speaker. Senate Bill 847 addresses library issues and provides that a municipality can petition or by ordinance disconnect from an existing library district and establish a new library but only with the consent of the library boards.” Speaker Lyons, J.: “Is there any discussion on Floor Amendment #2? Seeing none, the question is, ‘Shall Floor Amendment #2 be adopted to Senate Bill 847?’ All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #5 prohibits the manufacture, delivery, and possession of a semiautomatic assault weapons, assault weapons attachments, .50 caliber rifles 09400056.doc 42  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 and large capacity ammunition feeding devices. Furthermore, it makes an offense to cause to be manufactured, delivered, sold, purchased, or possessed by any of these weapons. House Amendment also grandfathers semiautomatic assault weapons, assault weapons attachment, .50 caliber rifles and large capacity feeding devices that are in a person’s possession before the Amendment’s effective date. After the effective date, they may only be transferred to an heir, an individual residing in another state maintaining their weapon in another state, or federally-licensed firearms dealer. House Amendment #5 does not apply or affect peace officers, retired peace officers that are allowed to receive a firearm and that have a prohibited firearm or a large capacity feeding device that was transferred to them by their law enforcement agency at retirement. Wardens, superintendents and house… and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense. Members of the armed services or reserved forces of the United States or Illinois National Guard while in the performance of their duties or while traveling to or from their place of duty. It also eliminates the… pro… does not apply to the manufacture, transportation or sale of weapons or attachments to the above listed individuals if they are broken down in a nonfunctioning state or not immediately accessible and the possession of a semiautic(sic-semiautomatic) assault weapon, an assault weapon attachment, a .50 caliber rifle 09400056.doc 43  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 or large capacity ammunition feeding device at events taking place at the World Shooting and Recreational Complex of Sparta, only while engaged in a legal use of the firearm or while traveling to and from this location. I’ll be happy to answer any questions.” Speaker Lyons, J.: “You heard the explanation on Floor Amendment #5. Any questions? The Chair recognizes the Gentleman from Jackson, Representative Mike Bost.”

“Representative, this Amendment does not specifically state what a rifle is.”

“Rep… Representative, there are certain types of rifle or semiautograph(sic-semiautomatic) ones, I should say, that are mentioned in the… in the House Amendment #5.”

“There are specific types of semiautomatic rifles that are mentioned in House Amendment #5.”

“Rep… Rep… Representative, the reality is, that you know as well as I do, that’s exactly what I’m not trying to do, Representative, is go after the deer hunters of…”

“…the State of Illinois.”

“Representative, how many rounds does a deer hunting rifle hold?”

“Yes.”

“Either one.”

“And… and I believe we exempt… and let me read to you, on page 3 line 13… ‘any semiautic(sic-semiautomatic) shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine is exempt’. Representative Bost…”

“Representative, even in the Amendment it states it’s exempting any… any semiautic(sic-semiautomatic) rifle that cannot accept a detachable magazine that holds more than five rounds of amun… or ammunition.”

“Any semi…”

“No. That’s a separate definition, Representative. A .50 caliber rifle means a centerfire rifle, capable of firing a .50 caliber cartridge.” 09400056.doc 46  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“Representative…”

“I… we are also exempting ammunition of fif… of the .50… Representative, if you’re gonna use a .50 caliber cartridge for… in a shotgun, that’s also exempt in… in the Amendment. Rep… Repre…”

“Representative, I don’t think I defined ‘shotgun’ either. I know there’s according to some of the experts that at the firing arm at the Chicago Police Academy there is a distinct difference between a rifle and a shotgun.”

“The definition, Representative, if you look at the Amendment, a shotgun with a caliber measurement that is equal or greater than a .50 caliber or a muzzleloader used for black powder hunting or battle reenactments are exclu… are exempt from this legislation.” Speaker Lyons, J.: “Representative Bost, your 5 minutes are up and we’ve extended it momentarily for you. If you could bring your…”

“Representative, to be truthful, in… in recent history, no, I haven’t. But…” 09400056.doc 48  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“It depends on where you’re concealing the weapon at, Representative and…”

“…I mean…”

“I wouldn’t think so, Representative.”

“I believe, Representative, they used to cost 7 thousand but I believe they lowered the price down to maybe 4 thousand and some, 2 thousand.”

“That’s correct, Representative.”

“On a semiauto… a semiautomatic shotgun, Representative.”

“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”

“Representative Acevedo, are you aware of anyone that’s ever been killed with a semiautomatic weapon?”

“Yes, Representative.”

“Okay. Those weapons have been used throughout the country and throughout Illinois and throughout the cities 09400056.doc 51  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 to kill individuals. The issue was brought up about the .50 caliber and the fact that a crime or a death has not been committed in Illinois with that weapon. And my question to the Body is, do we wanna wait until someone is killed or assassinated with a .50 caliber rifle? And then will everybody join in and say we should ban this weapon that is used by terrorists and used by… used by the military? To the issue of defining what a ‘shotgun’ and what a ‘rifle’ is, for 5 years everybody in this Body there has been Bill’s sponsored by Members, supported by the NRA and they have never wanted to define what is a ‘rifle’ and what is a ‘shotgun’. So, I would suggest to those people, Representative Bost, is if you wanna define what a ‘shotgun’ is, and you wanna define what a ‘rifle’ is, let’s do that. We’ve got the time between now and the 31st. Let’s sit down, bring the brightest minds and the staffs together, bring the NRA, bring law enforcement together let’s define what is a ‘rifle’ and what is a ‘shotgun’ so that we can get past that issue, and then go after banning semiautomatic weapons that are used by gangbangers in the streets of Chicago, in Elgin, in Aurora, around the State of Illinois. Let’s get that issue off the table. But I would guess if I had a chance to guess that the NRA does not wanna define what is a ‘rifle’ and is a ‘shotgun’ because they are against the intent of this legislation. And there’ll be another argument after that. And if we solve that problem, another argument. Come clean and just say you’re against it. Come clean saying you want 09400056.doc 52  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 semiautomatic weapons all over the place. Come clean and say that those are used to hunt, but don’t be disingenuous on this floor and say let’s define a ‘rifle’ and a ‘shotgun’. I challenge anybody. You wanna sit down and let’s define a ‘rifle’ and a ‘shotgun’. Let’s do it. We have the time before we’re done with Session. Let’s get to the issue that’s gonna protect law enforcement, people in the State of Illinois. Let’s ban these semiautomatic weapons.” Speaker Lyons, J.: “Ladies and Gentlemen, this Bill… this is on obviously, on Second Reading. And we’ve had two people speak in favor of the Bill and two people speak in response. Representative Bost, I realize your name was used in debate. In trying to take the order of people who’ve… who’ve used their ti… their button in a timely matter, the next person to speak will be Representative Phelps. Are you in favor of the legislation, Representative, or are you speaking in response?”

“Speak in response, Mr. Speaker.” Speaker Lyons, J.: “Representative Phelps, would you hold for just… a point of order for a moment. Representative Stephens.”

“Yes. Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”

“Representative… Representative Bost and Representative Black make great, great comments and remarks on this Bill, but in the Bill, because there’s not a definition as Representative Osterman said, ‘cause there’s not a definition, but in the Bill that you have it says .50 caliber rifle means a centerfire rifle capable of firing a .50 caliber cartridge. That is a deer slug. That is the only thing that we can use legally in the State of Illinois, besides black powder and the handgun. That would get rid of every single shotgun in this state. Ten gauge, twelve gauge, sixteen gauge, every single one of ’em. So my question to you, in all due respect, what do you tell the hunter? What do you tell the sportsman? What are we 09400056.doc 54  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 gonna shoot deer with that brings in millions and millions of dollars to this state’s economy?”

“Representative… Representative, you asked a question, I will answer it. You didn’t finish the statement where you answered about a .50 caliber rifle means, ‘a centerfire rifle capable of firing a .50 caliber cartridge’. This exempts a shotgun with a caliber measurement that is equal or greater to any .50 caliber or a muzzleloader used for black powder hunting or battle reenactment. Representative, what I’m trying to do and you of all people, Representative, know that I’ve been working with you very quite often on this issue. This excludes exactly what you are trying to say.”

“But just like Representative Bost said, the determination will be with the court or that judge. That judge could say, ‘yes you’re right, that is a shotgun, that is banned. You cannot hunt with that anymore in the State of Illinois.’”

“Representative, if you lead the… if you read the legislation on page 3 line 23. A .50 caliber rifle means a centerfire rifle capable of firing a .50 caliber cartridge. And I’ll repeat, as far as the shotgun goes, Representative, this has been excluded. You know my main purpose of this legislation, Representative, is not to hurt the hunters of the State of Illinois. You alone I respected of the district you represent and there’s no way in any way I would try to harm your constituents.” 09400056.doc 55  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“But in all due respect, Representative, that is the determination of a judge, so what judge… who knows what the determination the judge is gonna make. But to the Bill, Mr. Speaker.” Speaker Lyons, J.: “To the Bill.”

“Here we go again. Everybody says they’re for the hunter, they’re for the sportsman, but here is a Bill that is gonna hurt every single one. One of the biggest industries in this state is our hunting economy. Especially in my district, millions of dollars. If it weren’t for my district, some of your… constituents haven’t… wouldn’t have a place to hunt. And we want you to come down, matter of fact, bring all of ya down, we’ve got plenty of room for ya. But this makes some other… here are some other deals what’s going on with this Bill. And everybody should know this. Not only will this ban shotguns, this would ban Olympic shooting handguns, Olympic rifles and I believe there was a woman from Downers Grove that just won an Olympic medal because of the Olymp… Olympic shooting. This would ban all that. Not only that, this would drive out many, many employees of this state, many businesses of this state. Over in Representative Beiser’s district there’s Owen, 700 employees, 200 subcontract… 2,000 (sic-200) subcontractors would go, because of this Bill. This Bill would also do what Representative Black said the new turkey guns, the Benelli MI and the Remington 870, gone. Would totally be banned. And it is for our senior citizens to hold the gun more 09400056.doc 56  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 steady, so they can deer hunt and so they can turkey hunt better and easier. Folks, this is a bad Bill for the Illinois economy, for Illinois business and for our hunters and sportsmen and I would please would ask for a Roll Call vote on Amendment 5 and please oppose this.” Speaker Lyons, J.: “We’ve had three Members speak in response to the Bill, two speak in favor of the Bill. Mr. Bost, your name was used in debate.”

“Well, Representative, if you ask me personally…”

“Not that I know, but I’m sure the general public. You’re asking me if I… I’m aware of somebody, yes… yes… yes, I do.”

“Well, Representative, I’m not a terrorist so I probably wouldn’t be able to answer that question. I…”

“I’m sorry, Representative, can you… can you repeat that?”

“Well, Representative, not necessarily due to the fact as were grandfathering some people who own it now into the legis… according to this legislation.”

“Representative, yes, they can, according to this Amendment.”

“Yes.”

“Representative, most of these are already banned from the city through the municipal ordinance. But I’ll go beyond that, I’m sure there’s… I’ve heard from people all over the state that called me in support of the legislation and I’m… what we’re trying to do here as far as ban all assault weapons, Representative.”

“Representative, it doesn’t necessarily mean it’s a .50 caliber weapon those criminals are gonna have. They’re gonna be able to carry handguns as well.”

“That’s not what this legislation’s about, Representative. I… I don’t agree with that.” 09400056.doc 60  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“Representative, we’re debating the Amendment, House Amendment #5.”

“If you’d like me to go over it again, Representative, I’ll read it completely over again.”

“Basically, in a few words, to ban assault weapons.”

“Is…”

“Is there a problem I’m trying to solve?”

“Is that the question?” 09400056.doc 62  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“Representative, I believe so. I believe that these weapons are made for mass destruction and war. They are not made for hunting. The weapons that we are trying to ban are weapons that are not made to kill animals. You don’t need a 50…”

“What… You gonna let me finish, Representative?”

“Yes, Representative.”

“You’d be able to turn it over to him, Representative, if he’s…”

“…grandfathered in the clause.”

“No.”

“Repre…”

“Yes, they are in the city.”

“Yes, it is.”

“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”

“Representative, it… it saddens me to sit here and hear my colleagues catag… put you in a category that is sort of stigmatizing that… My question, do you support taking legal guns away from citizens that are law-abiding?” 09400056.doc 65  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“No, I don’t, Representative.”

“You, as a Chicago police officer, do you not already enforce the laws on the books to take criminals off the street?”

“Yes, I do, Representative.”

“And do you… and obviously, you’re a sworn officer, so you support that. Is that correct?”

“Yes, Representative.”

“I know I can’t stand here and convince my colleagues, because this is split along lines. But again, this state has a strong, strong gun lobby and I respect the colleagues who… who lobby in the gun lobby area. We have quite a… great conversations around the Capitol. But… previous speakers have mentioned how if you just want to help Cook County why don’t they just leave the rest of the state alone? But as I chair Human Services and folks come to me to help out with the meth problem and we have a chairmanship for the meth coalition that comes to us and say join us in our battle against meth. Should we arrest every druggist who sells out a Sudafed by mistake? Should we arrest… should we do that? But no. We over here and I vote to help make sure because when I talk to my constituent and I say I want to help you fight for every right. I think about my friends down in other parts of the state and ask myself would they agree with me? Is this an issue I could take to the General Assembly? Because when I vote, I vote for every state and for every one of your constituents as you’re doing for us. But when you ask for 09400056.doc 66  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 our prisons to stay open and as I fought for those prisons like Vandalia and others as I chaired Criminal Law and I vice-chaired Criminal Law and as a former parole agent I fought to keep AFSCME live and strong in your communities, even though I don’t agree that we should be warehousing our criminals. But I kept your people employed. I asked you, but I’m from Chicago. I’m from Cook County. We cannot continue to have this justice by geography. When we continue to say that our constituents want us to do x, y, and z, well, let me help you understand. You say it doesn’t play in your area. But Abraham Lincoln said it best. There are those differences between politicians and statesmen and politicians will only strive for their next campaign, where a good statesman strives for the next generation. So stand up and lead and help your understanding in your communities. Help your districts understand how this is having an impact. That when your son travels up to those urban areas of Elgin or Chicago or Aurora, that they too are susceptible to the same bullet that kills many of these young men and women on these streets. I do not… wanna continue to foster this adolescent behavior between the NRA and the State of Illinois Legislature because there is some smoke and mirrors and we cannot continue. And if we wanna take it to particular populations, yes, this is affecting us and we need your help. So when was it, the last time that you’re able to say that you were actually leading in your district when your people may not have the knowledge of what is 09400056.doc 67  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 happening around you in the rest of the state, when you drive into Chicago and you may carry conceal when no one else knows you are, but I know some of ya and I know exactly what we’re doin’. But Representative Acevedo is a noble Legislator and this noble Legislator is a law enforcement and peace officer. And I challenge the rest of my peace officer colleagues to stand up and lead on this matter because this Gentleman does not have any malicious intent. We must comply… I would like us to comply with federal legislation and knowing that we join hands here and stop bickering among family, because we cannot cut off a finger in spite of a hand. So we must start taking a stand. And I do say to my friends in the NRA, I know you want us… you continue to tell me you wanna bring responsible legislation. I challenge you because the demographics in the face of the state is changing. We have a lot of Latinos, a lot of African Americans, a lot of poor whites, people who’s have and have nots. And that’s what this is about. It’s not about the NRA. It is not about your hunting rights, that’s a red herring. And you know that. Let’s get past this adolescent behavior and let’s do something responsible. For my Members who have been law enforcement agents, to those who are now legislating, you didn’t think this way when you were out there in the field when your hides were on the line because you didn’t knew… you knew that that was gonna get through your little body armor you might have been carrying. God bless those of you who were able to put on body armor. But now you’re here 09400056.doc 68  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 pushing buttons. Push it for the whole state and don’t degrade my chairman.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose.”

“I’m sorry, can you repeat that, Representative?”

“Yes, I do.”

“I’m… I’m a Chicago police officer and I’m also a sergeant of Cook County Sheriff’s Department for our Chicago police.”

“Yes, Representative.”

“Yes, Representative.”

“Yes, Representative.” 09400056.doc 69  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“Quite a few times, I can… I can’t even imagine.”

“Yes, Representative.”

“Representative, I know… or Speaker, I know we’re gonna be debating this Bill on Third Reading, but I wanna point out a few issues that were stated by some of my colleagues. I… I’ve been here going on 10 years and I respect every one of my colleagues and I feel I have a great relationship with each and every one of you. I’m not gonna scream. I’m not gonna shout because I’m gonna put that all aside. But I’m upset. I’m upset because one of my colleagues questioned my integrity and my intent of passing legislation because I wanted my news in the newspa… my name in a newspaper. I don’t get up and scream for the cameras because most people just want to be on TV or… or they want to be on the Internet screaming and gettin’ their 09400056.doc 71  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 attention. I don’t do that. Someone accused me of not respecting their… their relatives. I don’t even know your relatives. I have respect for you. I respect your relatives, I respect your friends, as long as you respect me in return. Someone… someone stated that we’re trying to take down a manufacturers and put ‘em out of business. Well, I got one question. What happened to the manufacturers when the federal ban was in effect? They didn’t go out of business. More importantly, they hired more people. So, don’t tell me that a thousand people are gonna lose their jobs and some… some other corporations are gonna be leaving the State of Illinois because they’re gonna close down these manufacturers. They’re not… in all actuality they’re not gonna close down the manufacturers. They survived then and they’re gonna survive now. I don’t need to stand here and scream. I don’t need to stand here and holler to get my name in the paper. I don’t need to pass legislation because I want my name in the paper. But when you question my integrity, every Bill I stand up here and pass, I do it because it’s right not only for the constituents of the Second Legislative District, it’s good for the citizens of the State of Illinois. I ask for an ‘aye’ vote.” Speaker Lyons, J.: “The question is, ‘Should Floor Amendment #5 be adopted to House Bill 2414?’ All those in favor of adopting Amendment #5 to House Bill 2414 vote ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 09400056.doc 72  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 Representative Jones in the chamber? Lou? Mr. Clerk, take the record. On this Bill, there are 57 Members voting ‘yes’, 58 Members voting ‘no’, 1 voting… Member voting ‘present’. This Bill having failed… this Amend… this Bill having failed to receive the 6… the Amendment… Floor Amendment #5 fails. Anything further, Mr. Clerk?”

“Thank you, Speaker. Senate Bill 1701 is a cleanup Bill for the Illinois EPA. It defines ‘major source’ and brings it into compliance with the USEPA. It eliminates an audit privilege with the USEPA has said can… we should not be doing. And it ties our reports into the same timeline as the USEPA reports. Came out of the Senate 56-0. I know of no opposition. I’d as… glad to take any questions.” Speaker Lyons, J.: “Is there any discussion on Senate Bill 1701? The Chair recognizes the Gentleman from Bond, Representative Ron Stephens.”

“Not yet.”

“This is over the Clean Air Permit Program. That’s what that CAAPP stands for.”

“I would sure hope s… hope so immed… as soon as possible.”

“That…”

“You’ll be glad to know House Amendment 1 eliminated that provision from the Senate Bill.”

“That’s what… We eliminated that ‘cause there were some issues.”

“I would sure hope so.”

“They were taken completely out of the Bill and they’re not addressed in this Bill.”

“Clean air and reports.”

“Correct. Correct.”

“Thank you, Mr. President… Mr. Speaker. So, Representative Stephens had talked about silly Amendments and I… well, I do have one of those silly Amend… We have a long-standing tradition here in the House and in the Senate about filing silly Amendments. And I wanna make sure my colleagues join with me to protect our rights to file a silly Amendment anytime we want and I think it was out of order. It’s a long-standing tradition of filing silly Amendments and I think we should we… we… ya know, keep that right. Thank you.” Speaker Lyons, J.: “Thank you, Representative. Representative Holbrook to close.”

“I’d ask for an ‘aye’ vote.” Speaker Lyons, J.: “The question is, ‘Should House… Senate Bill 1701 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted 09400056.doc 78  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 who wish? Delgado. Representative Soto, wish to be recorded? Representative Kelly. Representative Acevedo, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’ and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 6 of the Calendar there is Senate Bill 1669. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1750 is very similar to House Bill 2596 which passed out of the House unanimously earlier this year. This legislation would amend the State Salary and Annuity Withholding Act by authorizing the withholding of labor union fringe benefits under specified conditions, such as when the state acts as a contractor as it does in such instances as preparing the State Fair for… the grounds for the annual State Fair. I know of no opposition. This legislation passed out of the Senate unanimously. I ask for your support.” Speaker Lyons, J.: “Is there any discussion on Senate Bill 1750? Seeing none, the question is, ‘Should Senate Bill 1750 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Pihos. Mr. Clerk, take the record. There’s 116 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the 09400056.doc 80  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 Constitutional Majority, is hereby declared passed. On page 7 of the Calendar, Mr. Clerk, Representative D’Amico has Senate Bill 1770. Read the Bill, Mr. Clerk.”

“Thank you, Speaker. Senate Bill 1787 is a piece of legislation that expands the definition of ‘ownership’ for underground storage tanks. It allows a… a new person to pick up one that has already had a cleanup in progress and to continue with that cleanup. It’s voluntary. I know of no opposition. Passed out of the Senate 57-0.” Speaker Lyons, J.: “Any discussion on Senate Bill 1787? Seeing none, the question is, ‘Should 1787 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hannig. Mr. Clerk, take the record. On this Bill, is 116 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 7 of the Calendar is Senate Bill 1857. Read the Bill, Mr. Clerk.”

“Thank you very much, Mr. Speaker. Senate Bill 1878 amends the Sexual Assault Survivors Emergency Treatment Act. It adds language that requires hospitals to provide HIV prophylaxis to victims of sexual assault. I’d be glad to answer any questions.” Speaker Lyons, J.: “Is there any discussion on Senate Bill 1878? Seeing none, the question is, ‘Should Senate Bill 1878 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Eileen Lyons. Eileen. Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared 09400056.doc 86  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 passed. On page 8 of the Calendar Representative Froehlich has House… Senate Bill 1897. Read the Bill, Mr. Clerk.”

“Thank you, Mr… Mr. Speaker. We’ve talked about this in committee long and hard. And I just have a philosophical problem when we have misdemeanors of taking away supervision. When the General pas… Assembly passed supervision, just so everybody knows what it is, what you do is, you have to either be found guilty or you have to plead guilty. So now you’re found guilty or plead guilty and then you go to sentencing. When the judge gives you supervision, what he does is, he doesn’t enter an order on either the plea or the finding. So, no judgment is entered. When your supervision is done 2 years from now and you have violated nothing in the supervision order, then you’re found not guilty and then that would allow you to expunge your record. So, it’s like giving someone an opportunity to turn their life around and not have a conviction on their record. By saying that in this Bill, you don’t have supervision, basically, what you’re saying is that if you plea to found guilty, this stays on your record forever. Now… and it takes away the discretion from the judge. Now, maybe this is the type of crime that you wanna take that discretion away. So, I just don’t feel that we should have any misdemeanors where we take that discretion away. If there ever was a time that we should take that discretion away, it probably should be for this crime. I just feel that this is not one of ‘em. There may be a few that we’ve done it for in the past, this may be the third or fourth one that we’re doing it for, but I just 09400056.doc 88  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 have a philosophical problem in doing that. So thank you, Representative.” Speaker Lyons, J.: “Seeing no further discussion, Representative Froehlich to close.”

“Thank you, Ladies and Gentlemen. This is a cleanup Bill for the Hospital Report Card Act. If you remember, we passed that I believe a couple years ago. And this is a cleanup that was worked out between the Department of Public Health and the Illinois Hospital Association. It’s technical in nature and I seek your support.” Speaker Lyons, J.: “Are there any questions on Senate Bill 1862? Seeing none, the question is, ‘Should Senate Bill 09400056.doc 89  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 1862 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bost. Representative Black. Mr. Clerk, take the record. On this Bill, there are 72 Member… 73 Members voting ‘yes’, 42 Members voting ‘no’ and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 8 of the Calendar is Senate Bill 1898. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker. Ladies and Gentlemen, Senate Bill 1898 enhances the penalty for an offender who commits the crime of sexual exploitation of a child and the victim is under the age of 13. This Bill makes the Criminal Code uniform in that other areas of the Criminal Code where victims are under the age of 13 also have tougher penalties. Also, the Senate Bill would provide that out-of-state convictions for similar offenses are counted as if they were convictions in Illinois for the same offenses. It goes hand-in-hand with the legislation we just passed for Representative Froehlich and I would ask for your ‘aye’ vote.” Speaker Lyons, J.: “Is there any discussion on Senate Bill 1898? Seeing none, the question is, ‘Should this Bill 09400056.doc 90  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 pass?’ Those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Annazette. Representative Soto, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 8 of the Calendar Representative Holbrook has Senate Bill 1910. Read the Bill, Mr. Clerk.”

“Thank you, Speaker. Senate Bill 1910 is a Bill that allows counties to do a front door referendum if they wanna create stormwater management programs. There are nine counties involved covered by this, that had asked to be participants: Madison, St. Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall and Boone. It’s all front door referendums. Be glad to take any questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose.”

“Correct. That has…”

“Yes. It’s…”

“…very important and they asked to be in it.”

“That’s what I’d like to do.” Speaker Lyons, J.: “Any further discussion? Representative Holbrook to close.”

“Ask for an ‘aye’ vote.” Speaker Lyons, J.: “The question is, ‘Should Senate Bill 1910 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Renee Kosel. Mr. Clerk, take the record. On this Bill, there are 67 Members voting ‘yes’, 47 Members voting ‘no’, 1 Member voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 8 of the Calendar Representative Sara Feigenholtz has Senate Bill 1915. Read the Bill, Mr. Clerk.” 09400056.doc 92  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“Thank you, Mr. Speaker. Senate Bill 1915 amends the Condominium Property Act, allowing condominium bylaws to provide for late fees for delinquent payment of condominium assessments. Under this Act these fees may not exceed $25 or 10 percent of the amount due, whichever is greater and may only be charged one time for a late payment. I’d be glad to answer any questions.” Speaker Lyons, J.: “Is there any discussion on Senate Bill 1915? Seeing none… the Chair recognizes the Gentleman from Vermilion, Representative Bill Black. Representative Black.”

“My analysis doesn’t have the City of Chicago on it as a proponent, Representative Black. I believe that the Condominium Property Act is a State Act not a…”

“Correct. Correct.” 09400056.doc 93  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“I know that, Representative Black.”

“Representative Black, I am so glad you asked me that. The last…”

“…time I saw Ellis Levin was when the Cubs were in the playoffs. I hadn’t seen him in 10 or 11 years and it was… I turned around and he was sitting in the row behind me and being the big Cub fan that you are, you will remember the night of the famous ‘Bartman ball’, correct?”

“And… and of course, that was the same night that… the first night in 10 years that I saw Representative Levin. You think… when… when… the ‘Bartman ball’ might have had something to do with Representative Levin?”

“I did. That was my first sighting of him in… in 10 years.”

“I did not.”

“Somebody was throwing a beer on him.” 09400056.doc 94  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“Yes, he was.”

“He was.”

“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”

“Representative Feigenholtz, right now, are condominiums able to pro… to charge for late fees for the delinquent payment…”

“Yes, they are.”

“…of condominium assessments?”

“Yes. And apparently, Representative Franks, what’s been happening is they’ve been charging and accruing late fees and this prohibits them from doing that. This is actually a fee decrease.” 09400056.doc 95  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“That’s what I was trying to get to.”

“This is a fee decrease.”

“Are you sure it’s a fee decrease, Sara?”

“That’s what it looks like to me, Jack.”

“All right. Thank you. Good Bill.” Speaker Lyons, J.: “Representative Feigenholtz to close.”

“Thank you, Ladies and Gentlemen. I love doing condominium Bills. I love doing condominium Bills. Please vote ‘aye’.” Speaker Lyons, J.: “The question is, ‘Should Senate Bill 1915 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk. Representative Kosel. Wyvetter Younge, you wish to be recorded? Mr. Clerk, take the record. On this Bill, there are 11 1 Members voting ‘yes’, 3 Members voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 8 of the Calendar Representative Hultgren has Senate Bill 1935. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker. Representative… Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”

“Thank you. I know this came up in committee and I’ve talked to your staff and… and you were going to find out why that private school teachers are exempted from this. Do we know why?”

“Can I know?”

“Thank you.”

“Oh, I appreciate that, Representative, and forgive me for maybe misunderstanding. But the Bill, as written, could be un… unconstitutional because of the equal protection problems. But because of the… the statutes that 09400056.doc 98  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 you’re changing and where it’s being written, that’s why private schools are exempted?”

“Okay.”

“So you would prefer to pass it as is and then fix it later, knowing that there’s something wrong with it, I guess?”

“Do you know when they initially chose this section to put it under?”

“Okay. Thank you, Mr. Speaker.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“Thank you, Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”

“Representative, a question for you. Having done a little bit of environmental work in the past, what this basically says if you have a site that was the site of the contamination and they get a ‘no further action’ letter, 09400056.doc 108  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 that any site appurtenant to that is then basically in the clear as well. Correct?”

“Does that take into account a situation where you may have had leaching of the contaminants to such a point where the leaching is no longer present in the subject soil but may be on adjoining land?”

“So, is it your understanding that the EPA would take into account not just the location of the contaminants but where the potential contaminant trail may have been prior to issuing that letter.”

“All right. If that’s the case, I’m with ya. Okay. Thank you.” Speaker Lyons, J.: “Any further discussion on Senate Bill 2040? Representative Watson to close.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the Bill. Senate Bill 20… of the House, I’m sorry. Senate Bill 2064 removes the Commission on Graduates of Foreign Nursing Schools Examination as a licensure requirement for internationally educated nurses applying for initial licensure, as well as licensure by endorsement. It maintains the credentials review, the English Proficiency Exam, and the National Coun… Council Licensure Exam known as NCLEX as a requirements for licensure. The CGFNS exam predicts whether a nurse will pass the NCLEX. And the exam is gradually becoming obsolete. It doesn’t contribute to public safety and it… basically it serves as an artificial regulatory barrier to licensure in Illinois. So elimination of this exam will expedite the licensing of nurses educated outside of the United States without reducing standards or compromising safety. I want to make that point very, very clear. This would not reduce standards or compromise safety of patients in Illinois. Illinois is the only state that currently requires this exam for endorsement. And by removing the CGFNS exam requirement we’ll be putting Illinois in line with what 09400056.doc 110  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 every other state is doing. I’d be happy to answer any questions and would ask for a favorable vote.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Parke, Representative… the Gentleman from Cook, Representative Terry Parke.”

“Yes, they are.”

“None that I know of.”

“Thank you.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“I don’t know the answer to that.”

“I assume no. I’d assume no.”

“No.”

“That’s certainly not what this Bill does, Representative. I’m glad you’re asking these questions ‘cause I think it’s important to clarify that this Bill would by no means compromise any kind of safety or do anything different that we’re not currently doing, other than eliminating a predictor exam. They still have to comply by all the… the current requirements under the law. We wanna insure that nurses that come into the United States and cer… and certainly to Illinois from other countries have to meet the same standards that our nurses that are trained here in Illinois would have to do. The difference that what this Bill does is there’s two exams. There’s the national exam known as the NCLEX. I mean, the… yeah, the NCLEX and then there’s the CGFNS exam. The CGFNS exam is an old exam and it’s basically used as a predictor to see whether or not a person will, in fact, be able to pass the NCLEX, which is the test that we go off of in 09400056.doc 112  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 order to certify our nurses. So what we’re trying to do here is eliminate a predictor exam. The NCLEX exam in the past was not easily accessible to nurses. Today, a nurse could take a NCLEX exam any given day of the year, any given day of the week. The CGFNS exam is only offered four times in the year. So basically, it makes no sense to have to have a nurse wait to see if she’ll be able to take a predictor exam if she could take the actual exam and pass it on day one. So, all we’re trying to do here is get rid of a predictor exam. We’re keeping all of the certification requirements and all of the educational components, language… they need to be able to speak the language. All of those things stay the same in order to insure that we have safety and security and that we’re not compromising patients in any way.”

“Well, the Department of Professional Regulations is in charge of a going over all of these and determining which applicant is able to be accredited or not. So we are not changing anything other than…”

“…eliminating a predictor exam. If the nurse can pass the real exam, why have to make her take a predictor exam.” 09400056.doc 113  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“Sure.”

“They have to pass the language examination known as TOEFL, I believe it is. Let me give you the exact… it’s… TOEFL but I wanna give you what it…”

“It’s the Test of English as a Foreign Language…”

“…and that still has to be passed in order for them to practice here.”

“Predictory exam.”

“It’s obsolete.”

“Well, and what we’re doing and just to be clear with that. In certain countries, the NCLEX exam, which is the actual exam itself, may not be available. If that’s the case, then the nurse can take the predictor exam and then if she applies and is approved by the U.S. to come in at a later…” 09400056.doc 114  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 Speaker Lyons, J.: “Go ahead, Representative.”

“…at a later date could take the… the NCLEX. So, we are leaving it open as an option to the nurse to decide whether she wants to take the predictor exam or the… or can directly take the actual exam. But we’re not mandating that both exams be taken anymore.”

“That’s why you’re…”

“…Representative Black, your brilliance is just… what can I say.”

“That’s one of the things that we’re hoping it will do. Yes.” Davis, M.: “That’s one of the things you hope…”

“To reduce the barriers or…” 09400056.doc 115  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 Davis, M.: “…you hope it will do?”

“Yes, we believe it will do that. It will… ‘cause it’s a lot of bureaucracy that is unnecessary.” Davis, M.: “How long will these people from wherever they come from… Does your Bill state what countries they will come from?”

“It doesn’t specifically say what countries. It depends on what countries have that test available versus those that don’t. The NCLEX, I’m referring to, the national exam.” Davis, M.: “Representative, do you know how many universities in the State of Illinois are provide dollars to have nursing programs?”

“No. Not exact numbers.” Davis, M.: “You didn’t inquire?”

“What was your question again, Representative?” Davis, M.: “Do you know how many universities in the State of Illinois receive dollars from this Body to train nurses for this state or any place else in this country?”

“I don’t know the exact number, would you know that?” Davis, M.: “I know it’s a large amount.”

“I’d be interested in hearing it.” Davis, M.: “It’s a large number.”

“And… and just so you know, the nursing industry is in strong support of this because they understand that even if we provide more dollars today to the universities to educate nurses, we still have a nursing shortage in this state and across the nation. So anything that we can do to 09400056.doc 116  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 eliminate those barriers for nurses to be able to provide service to patients…” Davis, M.: “Let me ask this question.”

“…is what we strive for.” Davis, M.: “What will be… what will be done to assure their an ability to read and understand English?”

“That’s a good question and they do have to pass the TOEFLs exam in order to be approved to practice here in the United States. So…” Davis, M.: “And exactly what is the TOEFL exam?”

“The Teaching Of English as a sec… Second Language.” Davis, M.: “So is it a lower-limited English standard?”

“It’s the same standard that they currently operate under a…” Davis, M.: “To the Bill.”

“…currently operate under today.” Davis, M.: “To the Bill, Mr. Speaker.” Speaker Lyons, J.: “To the Bill.” Davis, M.: “I recognize the so-called or nurses shortage that exists in this country. I also know that this program being proposed will cost a number of United States’s or Illinois’s dollars. Why can’t we take those same dollars and train the… the certified nurses assistants? Now, we are already exporting jobs, outsourcing jobs and now we’ve resorted or want to resort to we’re gonna import the professionals that we need. Can we import a Governor from another country or another state? Can we… can we… no… I’m… no, I’m serious. Well, if we can then we should pass this 09400056.doc 117  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 Bill but… but if we can’t… but if we cannot… if we cannot we should start to train the people who are in the unemployment lines in the State of Illinois. How many people are getting unemployment because their jobs have ended? Then you got a university who’s not fulfilling its role and mission to educate nurses. So we resort to importing them from another country. I think it’s a… a giving up of our responsibility. I don’t know about you, but I wanna see the people in Illinois get training to be nurses and get those jobs. I don’t wanna be in the hospital where I don’t understand what you’re saying to me and you don’t understand what I’m saying to you. I may wanna say to you, ‘I already had that medicine, please don’t give me anymore of that. I had it already.’ But if you don’t understand, you are going to give it to me again. We must protect the citizens in the State of Illinois. We must give the jobs to the people in Illinois. We must stop this movement of putting everything overseas. Stop it. Vote ‘no’.” Speaker Lyons, J.: “Representative Mendoza to close.”

“Thank you, Mr. Speaker. I appreciate those Representatives who may have read this legislation and properly understand it. And those who asked me questions that I think go to the Bill. I do resent certain racist undertones, I think, in the previous comments, previous Representative’s comments. And I would again articulate… I would articulate that English has to be spoken in order to practice here. So I would ask for an ‘aye’ vote.” 09400056.doc 118  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 Speaker Lyons, J.: “The question is, ‘Should Senate Bill 2064 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 95 Members voting ‘yes’, 14 Members voting ‘no’, 3 Members voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Sacia. For what purpose do you rise, Representative?”

“Thank you, Speaker, Members of the House. I move to suspend the posting requirements so that Senate Bill 122 09400056.doc 119  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005 can be heard in the Committee on the Executive and Senate Bill 27 in Personnel & Pensions.” Speaker Lyons, J.: “The Lady moves for the dispense with the posting requirements. All those in favor signify by saying ‘yes’; those opposed… The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“Thank you, Speaker and Members of the House. I would just like to point out that the Minority Spokesman on these Committees, Executive and Personnel & Pensions were consulted about my Motion and approved it.”

“Secondly… secondly, I would just like… I would like…” Speaker Lyons, J.: “Mr. Black…”

“I would like to…”

“And I would just like…”

“I would like to say for the record that we, our staff, is reviewing as quickly as possible the paperwork that comes to us. We are not trying to be obstructionists, we are doing things as quickly as we can. And when paperwork comes in at 2:00, it’s not likely that we’ll be ready with an answer at 3. So, I would request to adopt the Motion.” Speaker Lyons, J.: “Representative Black.”

“Thank you, Mr. Speaker. Purposes of an announcement, please?” Speaker Lyons, J.: “Please proceed.”

“Would those persons who are Members of the COWL Scholarship Committee please remember to meet with me immediately after adjournment for about 2 minutes. Thank you. At my desk.” Speaker Lyons, J.: “The Chair recognizes Representative Currie. Representative Currie.”

“Well, thank you, Speaker and Members of the House. The Sponsors of these Bills would like to go forward with the Motion. They did check with the Minority Spokespersons on each of these committees and I certainly hope we will have their support as they promised to the Sponsors of these Bills that they would support the Motion to waive the posting requirements. So again, I renew my Motion.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Black.” 09400056.doc 123  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 56th Legislative Day 5/24/2005

“Purpose of an announcement.” Speaker Lyons, J.: “Please proceed, Representative.”

“Housing & Urban Development Committee that’s scheduled for 11:30 a.m. tomorrow is canceled.” Speaker Lyons, J.: “The Chair recognizes Representative Monique Davis. What purpose do you rise, Representative?” Davis, M.: “Rep… I’m sorry, Mr. Speaker. The Appropriations-General Services will meet at noon, rather than 9:00 a.m. tomorrow. Thank you.” Speaker Lyons, J.: “Thank you, Representative. The Chair recognizes Representative Black.”

“Thank you, Mr. Speaker. For an announcement.” Speaker Lyons, J.: “Proceed.”

“Immediately after Session Jud II-Criminal Law will meet in D-1 and Representative Stephens, I will wait ‘til hell freezes over for you, Sir. I don’t care how many committees you have to go to, that committee needs you, Sir and we will wait for you. Thank you.” Speaker Lyons, J.: “Mr. Clerk, Agreed Resolutions.”