Illinois House Floor Debate — May 7, 2008

"The hour of 11:00 having arrived, the House will be in order. The Members will be in their seats. Members and guests are asked to refrain from starting their laptops. Turn off all cell phones and pagers and rise for the invocation and for the Pledge of Allegiance. We shall be led in prayer today by Dr. Don Miller, who is the pastor of Coal Creek Bible Church in Fairview, Illinois. Dr. Miller is the guest of Representative Smith."

"Let us pray. Almighty God, we humbly and yet confidently call upon You today and ask that You would grant wisdom, strength, and courage to those assembled here. We thank You for being so gracious to us that You’ve granted us the privilege of calling the greatest nation on earth our home. A nation built on the ideals of liberty, freedom and opportunity where even a meager farm kid can grow up and be granted such a privilege as I have been granted today. As voices are heard and decisions are made, it is my prayer that You grant unity over discord, clarity over confusion, and may each of us be free from pride and arrogance. With hearts of gratitude and appreciation, we today remember the brave men and women from Illinois who are faithfully serving their country. Grant them safety and may their families know how much their sacrifices are appreciated. We also thank You for those who work so hard each day throughout our state, people whose diligent efforts so often go unnoticed. It is not our prayer that You bless what we do, but rather may we do what You bless. I pray this in the name of Jesus, my Lord, Amen." 09500262.doc 1  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Representative Coulson, will you lead us in the Pledge, please."

Speaker Hannig: "Roll Call for Attendance. Representative Currie."

"Thank you, Speaker. Please let the record reflect that Representatives Dunkin, Flowers, Gordon, Washington, and Rich Bradley are excused today."

"And Representative Bost."

"Mr. Clerk, take the record. There are 109 Members answering the Roll Call, a quorum is present. Representative Verschoore, for what reason do you rise?"

"A point of personal privilege, Mr. Speaker."

"State your point."

"I’d like everyone to join me in giving a Springfield welcome to fifty-four (54) junior high students from Westmer School District, which is my district. They’re over here and a few in the back. So, thanks a lot."

"Welcome to Springfield. Representative Cole, for what reason do you rise?"

"State your point." 09500262.doc 2  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

Speaker Hannig: "Welcome to Springfield, ladies. Representative Eddy, for what reason do you rise?"

"State your point."

Speaker Hannig: "And welcome to Springfield as well. Mr. Clerk, read the Committee Reports."

"On Supplemental Calendar #1, under the Order of House Bills–Second Reading, is House Bill 6334. Mr. Clerk, read the Bill."

"Third Reading. Representative Biggins, for what reason do you rise?"

"So, Representative, would you wish to return this to Second Reading and adopt the Amendment? Do you wish to return it to Second? You just want to proceed. Okay. So, Mr. Clerk, read the Bill on Third."

"Representative Bellock."

"The Lady has moved for the passage of House Bill 4747. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed… Excuse me. Is there a question?"

"Okay."

"My apologies, Representative, I thought we were going to proceed without the Amendment."

"Okay. So, there… So, Mr. Clerk, let's move this back to the Order of Second Reading."

"And now the Lady has explained the Amendment. All in favor of the Amendment say 'aye'; opposed 'nay'. The Amendment is adopted. Are there any other Amendments, Mr. Clerk?"

"Okay. So, we'll move this back to Third Reading now. Okay. Representative Bost, you have House Bill 5546. Mr. Clerk, read the Bill."

"Representative Bost."

"Mr. Clerk, could you tell us the status of any impending Amendments?"

"So you wish to proceed?"

"Okay. So, Representative Bost."

"The Gentleman has moved for the passage of House Bill 5546. Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted 09500262.doc 7  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 who wish? Have all voted who wish? Have all voted who wish? Representative Patterson and Colvin, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Turner… Representative Brauer, you have House Bill 5621. Representative Brauer. Out of the record. Representative Chapa LaVia, you have House Bill 4139. Do you wish us to read this Bill? What do you think, read the Bill? Read the Bill, Mr. Clerk."

"Representative Chapa LaVia."

"Yes, Speaker and Members of the House. This Bill has to do with agencies, our universities and our community colleges as far as giving the police officers who are on the campus of those… those institutes the ability to carry their weapons, if they are certified to carry their weapons on campus. Some of the universities have called and voiced their concerns about this. But with the recent shooting at Northern, I put this Bill in last year to see if we'd get any opponents onto it, but since then and the issues that happened at Northern, their police force was armed. There are some issues with the municipalities as far as who's able to carry on the campuses, but we're going to be ironing those issues out in the Senate. I do not have any opposition at this time to this Bill." 09500262.doc 8  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"The Lady has moved for the passage of House Bill 4139. And on that question, the Lady from Kane, Representative Lindner."

"Indicates she'll yield."

"Yeah, that's correct, Representative. The campus board of directors, if you will, would decide whether or not their police officers, regardless if they were certified to carry and certified by the state, were unallowed to do so based on university procedures."

"Right, right. Yes, they are."

"And specifically Waubonsee."

"And the person who brought this Bill are the Illinois Police Association and the Association of Chiefs of Police is for it, the Illinois Campus Law Enforcement Administration. Roy Garcia is the one that brought this to me from Aurora University. So they've talked it over with Waubonsee and some of the community colleges and although it's not perfect for them, they do agree the safety of their students and the teachers, faculty is very important."

"Representative McCarthy." 09500262.doc 9  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"Indicates she'll yield."

"Representative, I'm sorry that it… I'm still trying to get my computer up and running here and now is this… is this the Bill that we talked about a long time ago that overrules the university's decision…"

"Correct."

"…as to whether or not to allow their peace officers to carry their weapon?"

"Correct, if the officers are certified. I mean, they're a police department… I mean poli… just like our regular law enforcement that's certified to carry, they have to go through all the mental analysis of capacity to carry. And that's why one of the opponents on here is the Coalition Against Domestic Violence, 'cause they thought that they weren't restrained by the same issues that law enforcement period is as far as mental capacity to carry a weapon, but they are and if there's any domestic violence in that officer's history, then they're taking away their right to carry. But yes, initially, that was and this was last year when this came in discussion. So, now, in this year in light of what happened at Northern and talking with the Illinois Campus Law Enforcement Administration and all of the universities and community colleges, they've come to the realization that today is… was not two (2) years ago, and the safety of our kids on the campus and faculty has totally changed with issues of terrorism, with bomb threats. And there's more that we need to be working on 09500262.doc 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 but this is just, they felt, a start to get in the door of making sure that everybody's protected on the campuses."

"I think that, of course, is a lofty goal. And I finally got this thing up and running, so I see that this came through Judiciary, not Higher Education, which we thought it was going to come through earlier. And I think you know, that at the time when we first discussed it, there were universities who have chosen… the private universities have chosen that they will not…"

"Right."

"…honor, request to have their university police carry weapons. They don't feel it's in their best interest."

"Okay."

"And I remember I expressed to you at the time that I think they have a right as a university to stand up and say, if we think it's in our best interest for our… you know…"

"Right."

"…the atmosphere in our university not to have this…"

"Right."

"…to overrule them on behalf of the officers that are probably part-time there, full-time on another force, I just don't understand the rationale for that."

"Well, I don't mind. I don't mind to keep the discussion open, but sometimes we do laws down here that most people don't like for the safety of the well-being of the citizens of the state, whether it's, you know, stop smoking ban. You know, whether it's seatbelts." 09500262.doc 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Right."

"This is another thing…"

"And this does cover…"

"…a tragedy… it's a tragedy that we have to come to this."

"I agree."

"But if Northern didn't have their police officers armed and that… it was their procedure to have them armed, they were qualified, they were certified to carry, that situation could have turned out differently. Even though the kid did end up, you know, committing suicide quickly, it could have turned out totally different. So I understand the concerns and fear… and the fear."

"I don't want to argue about Northern. I don't want to argue about what…"

"And the fear."

"Yeah. I don't want to argue about what happened in DeKalb."

"Right."

"But because that individual took his life himself at the end of it, whether they had weapons or not made really little difference to the total outcome. He decided to kill himself after he shot the five (5) people, so, I mean…"

"Right."

"…whether the guys came, and they did come later with weapons…"

"Right."

"…but at that point it made no big difference."

"Yeah." 09500262.doc 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"But I really think that the… the right of the universities to stand up and say we feel that the atmosphere we want to have, we do not want our police walking around with weapons on them. I mean, we have countries that feel that way and they have a much less murder rate than the United States of America. So, I just… I think that this is a right of a university. I mean, they're up there, if they want to make the decision, I think it's their right to make that decision and us overruling them and telling them that the people that they hired that are trained police officers from another jurisdiction should be able to overrule the individual university, I think is all wrong and I'll be voting 'no'."

"Yeah and I understand it…"

"And I would hope that the Body would look at this very, very carefully."

"And I respect your decision on that. I had a discussion about… I mean, since this came from a private university, Aurora University, 'cause the president of the Illinois Campus Law Enforcement Administration is from Aurora University and I did, like I said, I know our discussions and things have changed since even when… since we've talked about it and the situations, that I would be willing to negotiate, sitting down and manipulating this so it's the state universities, 'cause they get dollars from us."

"Yeah."

"So I'd be willing to massage this, to sit down and discuss stuff. I have no problem with that." 09500262.doc 13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"That's… that's what I had hoped for, when I thought it was coming through Higher Education. I thought we'd do it that way. And I'm not blaming you in any way. None of us know how Bills end up in certain committees as opposed to others."

"Right."

"So, I don't think there's any kind of chicanery here."

"Yeah."

"But I can promise you if it would have come through Higher Ed I think we would have had a more difficult time and a longer discussion to work out some of those kinks before it went forward. So I would urge the Members of the Body to look at this very carefully and vote 'no' or 'present'."

"Okay."

"Representative Pritchard."

"Indicates she'll yield."

"No, this is solely for the police departments or the law enforcement agents of that campus university to be able to carry their weapon."

"Well, the study that was done, and we can go on a pretty lengthy discussion on this if you wish, the study that was done from the Virginia Tech and the other two (2) campuses have… are the reason for the discussion of this piece of legislation with the campus police association or law enforcement. On the issues of reactory… reaction time to the issue, I mean, the thing that happened on your campus was tragic and yes, he did commit suicide; however, had there been a police officer that was a student in that classroom and was certified to carry a weapon, he would have been able to do so, and I’m sure the time on the… the reaction time would have been a lot quicker. But there are findings, and if you’d like, I can discuss that with you. We can get you the information on that."

"Hold on one second."

"Correct. Correct, Representative. It is the same situations that we would require our law enforcement in the state, whether it’s State Police, whether it’s a 09500262.doc 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 police department in the state and municipality to have the same requirements. They have to go through the same training, the mental faculty of that person, et cetera, et cetera. No priors as far as domestic violence and what have you and so forth and so forth. I mean, the restrictions are very high. These aren’t… these aren't security guards, they’re officers. They’re sworn in officers for the state…"

"So we’ve had two (2) speak in favor and two (2) in response. Representative Black, you’re recognized next for 5 minutes." 09500262.doc 16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"She indicates she’ll yield."

"It’s not security guard. They have to be a police, peace officer, law enforcement. Security guard, this is not giving them the ability to carry. It’s only for law enforcement, sworn officers of the State of Illinois. It has nothing to do with security guard."

"This wouldn't affect them."

"No. This is for law enforcement, certified law enforcement agents of the State of Illinois…"

"…that are campus police. Police is and law enforcement are the key words here."

"You can’t have security for… security guards."

"Cause I used to be a security guard. I used to be a security guard for metro… metropolitan in Aurora and I was armed, but this would not pertain to me. They can’t hire security guards…"

"…and have them armed and then fall under this piece of legislation."

"It doesn’t do it."

"Absolutely."

"I did a phenomenal job."

"This only pertains to qualified and individuals that are certified. If you’re talking about… didn’t we 09500262.doc 18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 just pass a piece of legislation allowing retired law enforcement…"

"…to carry weapons?"

"I’d have to check into that a little bit more, but I’m sure, I’m pretty sure it’s active…"

"…law enforcement agents. It’s not retired."

Chapa LaVia: "Yes. If… not security guard. Once again, they’re not security guard."

"Most campuses, the universities more so than the community colleges, have campus police. Police and law enforcement, key words. They can’t be security guards; they have to be sworn in officers in the State of Illinois. Then they have the ability to carry their weapons if they’re certified to carry their weapons. So we overrule them on that issue, okay."

Chapa LaVia: "But if it’s a community college though that doesn’t have a police force then they’re not… they don’t have to do anything. We’re saying if you have a police force active on your campus and they’re certified by being certified annually and have the mental capacity and have nothing in their backgrounds to take it away from them, that they should have the ability to carry their weapons on that campus."

"Regardless of what the board feels or what they think. Just because we live in a day and time where we have people that are mentally ill out…"

"Representative, your time has expired. Would you like to finish answering the question, Representative, and then we’ll let Representative Black finish his remarks."

"Unfortunately, we live in a time and a place where we have people that have mental issues and that are found on the campus with our most precious possessions. I mean, very few of our kids get to college these days, everybody. And once they’re there I'm sure the parents and the kids should be… I mean, we have the ability to make sure that they’re safe."

"We’ve had three (3) speak in response and two (2) in support and the rules would provide for one additional speaker in support. Does anyone wish to speak in support? Representative Riley in support? Okay. Representative Fritchey in support? No? In support, Representative. Representative Fritchey."

"I actu… I actual… I may be. I’ve got a question and I think it will be helpful. I think the Sponsor would agree to that to get this on the record. You’re trying… you're trying to draw a distinction between a security guard and a peace officer. Are you sure, and I’m asking this in all good faith, that the distinction you’re trying to draw is a correct one? Under the statu… under the statutes that we had looked at, I believe that a security guard would be considered to be a peace officer under the provisions of the Illinois statutes."

"Okay. The intent… the intent of this legislation is to exclude security guards from this piece of legislation as it lies in statute today."

"I understand that and the Speaker called on me in good faith, though, I’m not going to… I’m not going to derail that. I will say that be cautious because I’m not sure your intent, your stated intent in this case could contravene the language of the statutes. So I just wanted to raise that."

"Right."

"I’m going to keep my comments neutral." 09500262.doc 21  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Right. And I know speaking, if the Bill passes out of here we will be working on an Amendment for two (2) areas that I see right now. And I’ve already discussed this with the Senate Sponsor so…"

"Thank you, Speaker."

"Representative Chapa LaVia to close."

"I want to thank all my colleagues for their spirited debate. It’s always an honor to be able to be able to speak about Bills to get more different ideas and general ideas. I think this is a very important piece of legislation, although not everybody is happy with it, but we’re at a time and a place in our history where I have constituents now that call universities and say do you have a police force on campus that’s armed. Because of all the things we live with, our children shouldn’t have to. So, I hope to have the support of the Body to move this through. It might need a little mending on the other side, but I think it’s a start. Thank you for your discussion. I’d hope an ‘aye’ vote. Thank you."

"The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Osterman, Feigenholtz, Burke, Black, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 91 voting ‘yes’ and 18 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Sacia, for what reason do you rise?"

"State your point."

"Speaker Madigan in the Chair. Would the staff retire to the rear of the chamber and would the Members please take their seats for the purpose of some remarks from a special guest. So, again, if the Members would please take their seats. We're very pleased today to have with us a very special guest, Mr. Georges Rioux is the Consul General from the government of Canada to three states in the Midwest; Illinois, Wisconsin and Missouri. We're all relatively familiar with the relationship between our country and the country of Canada. For as long as I can remember it's been a very peaceful border, although early in our history there were times where there were disagreements. We're pleased that there is a harmonious 09500262.doc 23  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 relationship now between America and Canada and there are several issues where the Canadian government interacts with the government of the State of Illinois and the other governments of the Midwest. And so let me present to you the Consul General to the Midwest from the Canadian government, Mr. Georges Rioux."

"The Consul General will be available in the well to greet those who wish to spend time talking to him. So, Georges, thank you very, very much for joining us and for your very kind remarks and Mr. Hannig will resume the Chair. Mr. Hannig."

"Mr. Clerk, would you read House Bill 2248."

"So, Representative Turner on Amendment #1."

"Thank you, Mr. Speaker. Amendment #1 basically replaces everything after the enacting clause. This is a shell Bill originally and it creates the legislation which is basically cleanup legislation to deal with the Home Nursing Agency Licensing Act that we passed in January 2006. Amendment 1 and Amendment 2, between the two (2) of them, what they do is they redefine or revises the definition of a home nursing agency to include home health aid services provided under the direction of a licensed 09500262.doc 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 nurse. And that's all that this legislation does. It also includes the second Amendment as a rulemaking Amendment."

"Is there any discussion?"

"I move for the adoption of Amendment #1."

"Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"

"Representative Turner."

"And Amendment #2 is just the rulemaking Amendment, technical in nature only. I move for the adoption of Amendment #2."

"Is there any discussion? Then all in favor say 'aye'; opposed 'nay'. The 'ayes' have and the Amendment is adopted. Any further Amendments?"

"Third Reading. Mr. Clerk, would you read House Bill 2467."

"Representative Turner."

"Thank you, Mr. Speaker. 2467, we're going to hold that legislation. If you'd take it out of the record, Mr. Speaker, we're not going to call that."

"Okay. So, we'll take that out of the record. And we're going to return to the Order of Third Readings and Representative Flider, you have House Bill 4198. Representative Flider. Out of the record. Representative 09500262.doc 27  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 Leitch, you have House Bill 4647. Out of the record. Oh, I'm sorry. I didn't see Representative Flider wished us to read his Bill. So, Mr. Clerk, read House Bill 4198."

"Representative Flider."

"Yes, thank you, Mr. Speaker and Ladies and Gentlemen of the House. This legislation would prohibit electronic communications directly from one person to another who would be a minor with the intent of knowingly intimidating or causing emotional distress to another person. And this is legislation that is designed to deal with cyber bullying and it places into Illinois law or fills a void which is similar to a void that occurred in Missouri when a young lady named Megan Meier had committed suicide after an episode of cyber bullying. We have worked very closely on this legislation with the state's attorneys and the Attorney General's Office. We have worked with AT&T and so we think this is a very good Bill. The State Police have advised us on this as well and I'd ask for your support."

"Is there any discussion? The Gentleman from Cook, Representative Fritchey."

"Thank you, Speaker. It may be an omen. I think my microphone is falling apart here. Will the speak… will the Sponsor yield?"

"He indicates he'll yield."

"Thank you. Representative, are you… you're aware that there is a civil tort under the law right now for 09500262.doc 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 intentional infliction of emotional distress. Is that correct?"

"I've been made aware of that by the ACLU, yes."

"And, basically what that says is, that if you were to say something to somebody and that… that statement, that the person that made that statement knew that the comments would inflict severe emotional distress or there's a high probability that their conduct would cause severe emotional distress and that it actually caused that distress, then they would be liable under civil law. What this Bill would do is say that something that would not be actionable if I said it face-to-face with you would be actionable if I sent it to you in an e-mail. Are you aware of that?"

"Well, I think this is a unique circumstance, because quite candidly I do think there are a number of laws and a number of ways that law enforcement could deal with situations where somebody may be threatening another person. So, in this instance, we have a situation where somebody may be threatening another person or may be intimidating them electronically, and that other person has no clue as to who they are or why they're doing that."

"Well, understood, but again, what we're… Here, let me back up for a second here. I get what gave rise to this, I get what you're trying to do and let me address this mainly to the Body. Ladies and Gentlemen, please pay attention to this. This may not seem like an interesting piece of legislation. I don't mean that derisively. But what is… what could happen under this legislation is a real derogation of existing law today. A comment that is made 09500262.doc 29  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 face-to-face today would not give rise to any type of liability; not civil liability, not criminal liability. If that same comment was made between two (2) people via an e- mail, we would now be creating a criminal offense for a statement that if said face-to-face creates no liability whatsoever. We oftentimes need to change legislation to keep pace with technology; however, this is one wherein trying to keep pace with technology we are really going to turn the law inside out. I don't believe that this law would up… would be… would withstand court scrutiny. I obviously mean no reflection on the Sponsor. I understand what he's trying to do. But if you care about passing constitutional laws, if you care about passing laws that make rational sense, this is not the law to pass. This is not the Bill to vote on. Furthermore, under the law today, we have a content of inchoate crimes, and it talks about an attempt or conspiracy that there has to be an ad… that has to be done in advancement of a crime. This legislation would make a Class IV felony for the sending of an e-mail with a vague and undefined intent, if you did not have the intention or if you had a broad intention to commit or to inflict emotional distress. So, if you send an e-mail that could fall under that criteria, you would now become a felon if charged under this. I know this sounds like it may be more appropriate for a law school discussion or a classroom discussion, Ladies and Gentlemen, this is, I don't believe legal. It's bad policy. It's poorly drafted. It does not comply with the statutes that we have on the books. It will not withstand court scrutiny. 09500262.doc 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 Please take a look at what you're doing. Read the analysis and take a look. This isn't an issue of whether or not we think that people should be… have protection for cyber bullying. This isn't about whether or not we think that people that use the Internet and hide behind a cloak of anonymity to intimidate and threaten people don't deserve to be punished. They do deserve to be punished. This is not the right mechanism by which to inflict that punishment. Thank you."

"So, this is on Short Debate. And we'll put it on Standard Debate so we can debate it a bit longer. And Representative Reboletti, you're recognized for 5 minutes."

"Representative Flider."

"Representative, while I certainly appreciate your sentiment and you know, I would tell you that this law was drafted with the assistance of the state's attorneys of the 09500262.doc 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 State of Illinois. It has the review and the support of the Attorney General of the State of Illinois. Those are prosecutors; those are attorneys whose opinions I respect very highly. Now, what I would also suggest to you, however, is if there is some way that you know this could be improved down the road to make it irrefutably in somebody's opinion a better Bill without destroying the intent or without making this Bill impossible to pass, then I would certainly consider that. But I would suggest we're coming upon the deadline and we need to pass this Bill and move it down the road."

"And I appreciate that. Of course, we'll never really know that until it would pass the test of the court."

"Representative Stephens."

"Indicates he'll yield."

"Well, I would say a couple of things. When this legislation was initially drafted it was very broad. And so the drafting of this legislation is meant to narrowly describe certain situations and certainly we'd have to look at law enforcement and look to prosecutors to determine whether in fact somebody had committed a crime which would…"

"With the intent to cause physical harm. Pretty clear."

"That's correct."

"So, Representative, we have…"

"Representative, we have a choice here."

"We have a choice here…"

"We have a choice here."

"I don't know."

"That would be up to their prosecutors. But let me…"

"But…"

"So, Representative… so, Representative, here we have two (2) choices and you can…"

"You can look at…"

"…the law and you can…"

"Representative… Representative Flider, this is Representative Stephens's 5 minutes and so he can use it as he wishes. And it's to the Bill, Representative." 09500262.doc 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"We've had three (3) speak in response and one in support. The rules would provide for two (2) additional speakers in support. We see any supporters? Representative Molaro, you're recognized for 5 minutes in support."

"Thank you. I'll be as quick as I can. This goes to the Sponsor too. First of all, I voted for the Bill in committee and I'm definitely going to vote for it on the floor. Even though, I do want to say this so we can get legislative intent. Representative Stephens and a few other people just spoke and they're absolutely correct in the sense that and we may disagree on the outcome, in the sense that as it's written it really doesn't do what you're trying to do. So let me just say this, I think we have to do something, you're correct. I think we don't want it to be where people are so ruthless over the Internet that it 09500262.doc 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 causes great bodily harm, even if the person being attacked does it to themselves. We should stop that, okay. But if you do read it, and this is why I think it needs work, but I think we should possibly pass this, have the Senate do the work because I don't know what's going to happen in this building. If we don't get some of these Bills out this week, they may never be called in the Senate, so I agree taking out may not make sense. However, let me point out again at what Representative Stephens said, it says, 'cause you have the words 'or'. If you look at the Bill it says, 'to only to or' and it says on line 7 if you go to full text, it says, 'or cause emotional distress to another or with the intent to harm'. So that means you don't have to have intent to harm. That's what 'or' means. Maybe you meant to put 'and' in the Bill and that's what I think we're talking about here, that we got to really tighten up that… and it comes here, so what he's talking about, you're going to have two (2) high school seniors. And I know, Bob, you don't want, this so you have two (2) high school seniors, one eighteen (18), one's seventeen (17). There are two (2) girls. One talked to the boyfriend of another, she gets on the Internet and says, hey, you're a fat pig; you're never going to get a date. Ask every girl here, you're never going to do it. And she does it three (3) or four (4) times. That definitely, the girl can be emotional distressed, cry and she can't go to school. I don't want to make that eighteen-year-old a Class IV felon. Now, if you read the Bill and you have to read what it says, unfortunately, that's how we do it in Illinois. It says, 09500262.doc 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 'knowingly intimidate or cause emotional distress to another person who's 18 and the victim's 17'. I don't think under those circumstances you would want, under the fact pattern I just gave you, under the way the Bill's written they would be a Class IV felon. I don't think you want it where two (2) girlfriends who are having an argument over a boy and one calls another one a fat pig, I don't think you want her to be a Class IV felon. I don't think so. So my point would be, let's pass the Bill knowing full well what you're trying to do, see if in the Senate they could sit with the criminal bar and a few other places because state's attorneys don't want to be against a Bill that helps them prosecute people. And see if we can make this right and get to what you want to do. So I say we'll vote for the Bill, but you would have to admit that it has some work to do to clear up the 'or' because you did say with the intent but you do have 'or' written in the statute. So, thank you, Bob."

Speaker Hannig: "Representative Reboletti, you've spoken in debate. For what reason do you rise, Sir? We’re still looking for one additional speaker in support. In support. The rules would provide for three and three. Representative Rose, would you like to speak in support? Representative Rose."

"We can put it on unlimited debate."

"It's okay, Representative, we'll put it on unlimited debate."

"I'm just trying to move along. Representative Rose, we'll recognize you for 5 minutes."

"Okay. Thank you."

"Representative Graham, you're recognized for 5 minutes." 09500262.doc 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Thank you, Mr. Speaker. I rise in total opposition to this piece of legislation. I think that we spend a lot of time increasing penalties on everything from our youth to people in the streets. I think this is an excellent opportunity for us to put some funding in our schools for the purposes of having counselors. We want to punish our students to the max and we know that recent history has shown us that kids have a lot of issues when they go to school. I think that we should take time and have some training classes in school to tell the kids, you know, how damaging it is to go on the Internet and threaten and do different things. I think this legislation is just the wrong approach to a problem that we’re having. Also, how would you get the word out? How would you, you know, get to the children to inform them that this is something that they shouldn’t be doing?"

Speaker Hannig: "Representative Flider, would you like to answer the question?"

"Yes. Well, I would simply say that… Let me just say this, Representative Graham, and if you would just indulge me answering your question. Let me just say this, that I don’t think anybody here wants an imperfect piece of legislation to pass. I know that there are a number of Bills like this that have been introduced and some have passed over from the Senate. I cannot tell you exactly what the language is on this Bill or on those Bills rather, but I could tell you that with regard to this Bill it is important that we get it right. And I could tell you that 09500262.doc 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 it was drafted with the assistance of the State Police, with the assistance of the…"

"The State Police are…"

"…of the prosecutors and the assistance of the Attorney General, but because of the concern I would be willing to pull it out of the record. My hope, my hope, Representative, and all of the others, the attorneys here who have concerns is that we can, as a Body, as a unified Legislature, come up with an approach that we can all live with. I know there are several vehicles out here. People feel very strongly about this. At the same time, I think we all know everybody who’s addressed this understands that there’s a need to deal with this issue. So, you know, with your assistance and I’d certainly appreciate any guidance or any… any ideas you have on it to improve this legislation, I’d be happy to incorporate that into this legislation or any other legislation. But at this time, I would like to pull this out of the record."

"Thank you. You're going to pull it out? Okay."

"So, out of the record at the request of the Sponsor. On page 5 of the Calendar, under the Order of House Bills-Second Reading, Representative Moffitt, you have House Bill 2819. Mr. Clerk, read the Bill."

"Representative Moffitt." 09500262.doc 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"

"Third Reading. Representative Washington, you have House Bill 4742. Wish us to read that Bill, on Second? Read the Bill, Mr. Clerk."

Speaker Hannig: "Repre… I believe Representative Hamos was going to handle this Amendment. Is the Lady in the chamber? Okay. I saw her earlier, so we'll come back to it. Out of the record. Representative Hoffman, you have House Bill 4550. Read the Bill, Mr. Clerk."

"Third Reading. Mr. Clerk, read House Bill 5157."

"Representative Hoffman."

"Yes, this simply removes railroads from the Bill and only deals with seamen."

"Any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"

"Third Reading. Mr. Clerk, read House Bill 5158."

"Third Reading. Page 30 of the Calendar, under the Order of Resolutions, is House Joint Resolution 132, Representative Crespo."

"Thank you, Speaker, Members of the House. House Joint Resolution 132 rejects the recommendation of the Compensation Review Board that would boost the salaries of state officeholders approximately 12 percent. The current system that we have, as a freshman I've seen this, does not work, folks. We saw this happen last year. I think a better process or procedure would be to require concurrence of both House and Senate and have it signed by the Governor. In the meantime, the question is what do we do? I think before we consider any pay raise of any kind, we need to take into account the struggles that our constituents, the people of this state, are going through. A couple of years ago we would talk about foreclosures, we would talk about people losing jobs and we would think about certain districts, certain parts of town, but folks, we're beginning to see now more and more, regardless of the district, it's happening in our backyards. People are losing their homes, they're concerned about their jobs; they're losing their jobs after 10, 15 and 20 years. I've talked to folks who are actually tapping into their pension so they can pay for their children's tuition in college. I think we need to consider as well the timing of this proposal to get a salary increase. We need to address some of the issues that we currently have. We have a deficit in our state budget. We have to address school funding, health care issues, roads and bridges. I think we need to 09500262.doc 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 address the issues and concerns of a lot of our State Representatives in this House. Representative Ford, for example, I'd love to help him get a school in his district. I want to do it for Representative Ford as well as for the kids in his district. We want to help the folks downstate, Representative Mitchell, and make sure they get funding for their roads and bridges as well. Listen folks, when we came to this House we all ran for this seat. The seat that does not belong to us, it belongs to the people that we represent. The microphone belongs to the people we represent. And before we address or take care of our needs, we need to take care of the needs of the people that send us here. So I would ask… it's a good Resolution, that you folks please join me. It should be a bipartisan Resolution. We need to speak with one voice. We need to let the Senate know that this is the way to go and we need them to get on this Resolution as well. Thank you, Speaker, Members of the House. Be happy to answer any questions."

"The Gentleman from Vermillion, Representative Black."

"Indicates he’ll yield."

"Representative, we… I've been talking to staff. For quite some time. I filed the Resolution a couple of days ago." 09500262.doc 44  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"No, Representative."

"It could have been. Again, as I mentioned a little bit ago, as a freshman Legislator I'm looking at this process, I think it's flawed. I talked to staff and I want to do something about this and I introduced my Resolution independent of not knowing there was something else out there, Representative."

"Certainly, Representative."

"Representative, it's simply on the Calendar and so we called the Bill (sic-Resolution)." Black: Oh, it's simply on the Calendar. I see. So, if a Republican House Joint Resolution had been #1, we'd still call HJR 132 first?"

"Representative, we may or we may not."

"Representative Miller."

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09500262.doc 46  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"He indicates he'll yield."

"There's no analysis, Representative, on this. Are… is your intent to disapprove the report or the report's finding or what about the report that you just don't like, except the fact that it's offered a pay raise?"

"Representative, the intent is to stop the pay raises. Whether it, you know, whether it's the report or whatever it is, the intent here is making sure the same thing that happened last year does not happen again. The way the process is right now, it's so difficult to stop this. And again, there should be a better process. In the meantime…"

"So why don't you… hold it. Hold it right there. Then why don't you introduce a legislation eliminating the compensa… comp… the Compensation Review Board and the review as opposed to that report. And I guess the significant difference is the fact that if this group, if this Review Board has been designated by the General Assembly to at least come up with some sense of finding, are you disagreeing with the methodology that they're using, are you disagreeing with the… their findings of it, or what are you exactly disagreeing with except the fact that you just disagree with the end result. Then why don't we just eliminate the Compensation Review Board by the end of the day?"

"Well, Representative, I disagree with two (2) things. The process itself I think we need to revisit and I think that's going to require more debate, it's going to take a little bit longer. I also am opposed to the fact that they have found that we should get an increase of close to 12 09500262.doc 47  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 percent and the timing… I'm not saying it's a bad idea, Ladies and Gentlemen, believe me. I know you guys work very hard and I know for some of these folks here this is very important. However, this is very difficult for us today to go back to our district and tell the people of the State of Illinois, we have failed you. We have failed education; we have failed health care…"

"Hold it. Who did you say failed? Whoa, whoa, whoa. Who did you say failed what?"

"Collectively, folks, we have to look at all of us and make sure we get things done. The opinion of our constituents, the people of the State of Illinois, they're not looking at Representative Miller, they're not looking at that side, they're saying, guys, get it done. And before you do that don't even consider getting a pay raise and taking care of yourself first, take care of the needs of the state. That's the first thing we need to do. That is the intent of this Resolution and…"

"And what I would argue… I would argue and I rarely would ever speak in this, but I think we need to be fair here. And some of your comments they're sort of… I find interesting. I mean, someone… I've supported education funding reform, yourself and others have not. I've supported pension reforms, some in this chamber have not. So we can sit and talk about all the woes of the government and yet… and try to say that this will solve them. And of course, there's other issues and of course, there's other groups that need additional funding. I would be the first one and have actively done that. But I would argue with 09500262.doc 48  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 you though by saying this, this sort of… to me this indicates that the work of the Compensation Review Board is null and void, and if that's what you're saying then why don't you introduce legislation eliminating the Compensation Review Board?"

"Representative, that's a very good point and I think it's something we definitely should consider. In the meantime, this Resolution wants to make sure that some way, somehow we make sure that the same thing that happened last year does not happen this year, and we can look at our constituents, the people we represent and say, hey, we care about your needs first before we even consider this. Does the Board… Compensation Review… Review Board, hey, they serve a purpose. Two (2), four (4), six (6) years from now, hey, it might be the right time. I don't know."

"Do you know when this takes… do you know when this takes effect?"

"I believe next year."

"Do you know what the budgetary concerns are in terms of if a pay raise is enacted?"

"I don't have the totals."

"So, you're saying reject something from the Compensation Review Board that will have a budgetary impact, but we don't know what the total of the amount is going to be."

"That is very easy to get and I can get that. But most importantly, Representative, we need to send a strong message to the State of Illinois, to the people we 09500262.doc 49  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 represent, that we are going to take care of their needs first before we consider doing this."

"I guess… To the Resolution and hopefully, I can extend maybe just… You know I've never sat up here and argued about pay raises and things like that. I think everybody can justify why they should be paid, why we shouldn't be paid. But I would argue this, though, when somebody makes an analogy of education funding which has been near and dear to my heart with pension reform and some Members haven't lifted a finger to help out and some have. And so to sit and compare what we get compensated, and some of us I think in this chamber have other careers, that we do have lost income and that's a choice that we choose to make. However, when we don't know the…"

Speaker Hannig: "Could you bring your remarks to a close please."

"When we don't know the budgetary impact of this, as the Sponsor said, then it isn't fair to us to cut our nose to spite our face. It is politically expedient to vote for this Bill (sic-Resolution) and I expect this Bill (sic- Resolution) to pass, but the true measure I think is to understand exactly where are we trying to go. Part of the reason in which the Chicago City Council had bumped up salaries was to try to attract a diverse group of individuals to run for public office. It's a fact. And so whether we agree with the Chicago City Council, what they should be paid; the mayor of Country Club Hills, what he get paid or whether the Members of the General Assembly should get… be paid, there's an independent board doing it. 09500262.doc 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 If we don't want a pay raise then maybe we should eliminate the independent board."

"Representative Wait, you have 5 minutes."

"Yes, the Gentleman will yield."

"This was filed, I believe, Representative, a couple of days ago."

"No. I think Representative Black mentioned that, Representative. I was not aware. I was just looking at the issue. As a freshman Legislator I talk to staffers sometime and I thought we should do something."

"I definitely will. Thank you, Representative."

"Representative Stephens."

Speaker Hannig: "Is there any further discussion? The Gentleman from Sangamon, Representative Poe."

"State your point." 09500262.doc 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

Speaker Hannig: "Welcome to Springfield. Representative McCarthy."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"Indicates he'll yield."

"Representative, as a… I think earlier witnesses had said there's… there's no analysis for the Resolution. Do you know what the pay raise would be on July 1st of this year?"

"Give me one second, Representative, I can tell you exactly. Well, it varies, Representative. The Governor, for example, his pay raise would go from one hundred seventy thousand dollars ($170,000), one hundred seventy thousand, nine hundred and seventeen ($170,917) to one ninety-two, seven seventy-three ($192,773), a 12 point…"

"Do you know the percentage? I was more interested…"

"Twelve point eight (12.8) percent increase."

"And where'd you get that number from?"

"…percent the increase would be 11.7."

"Where did you get that number from? That's no where near the number I got from the… our analys… our analysis of HJR 118. On HJR 118 it says the Legislative Branch salaries by 1 percent each of the next two (2) fiscal years. Do you have any idea what this is going to save the state budget if this rejection goes through?" 09500262.doc 53  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Well, as I had mentioned to Representative Miller, Representative, I don't have the exact numbers but I think the fundamental question and issue here is the message we're sending the State of Illinois. We need to make sure that we take care of their needs first. When you have folks who are not… who are not getting any pay increase, on the contrary they're losing their jobs, for us to say we're okay we're going to allow this to happen, is wrong. I am not saying that we don't deserve the raises. I'm saying the timing is wrong. Whether it's…"

"Well, it seems like the timing is wrong especially because you don't even have the numbers to tell us what we're going to save, to tell us what the percentage is and that's when the timing is wrong. If you could wait a couple days, have the staff do an analysis of it so when it comes up on our computer it doesn't say there's no analysis, we're put in the position where we have to go back and look at the Resolution that was filed by the Republicans in order to have any analysis whatsoever. There's a lot of questions on that analysis, and here you're going forward, plus it says in the, you know, the analysis here about the judge's salaries will go up. Are you aware of the fact that all the different times we've rejected this, the judges put in a lawsuit and they're going to get it anyway, 'cause the Constitution protects that pay raise. So the money you think you may be saving by the judges salaries, I'm going to tell you right now, after July 1st they'll file the Motion. It'll be heard once again. Whatever court it goes to is going to approve 09500262.doc 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 it. So they're going to get their pay raise. So… but well you're standing there and saying that any pay raise is not warranted at this point. Now, last year or the year before, the Chief Sponsor of the Resolution was at least honest enough that he said if the pay raise does go through I'm not even going to accept it. I thought that was a very honorable move. You know, I don't know what charities he sent this back to in the last six (6) months or whether he sent it back to the state itself, but you know that was an honorable move on that Chief Sponsor's point. Are you making that same statement today?"

"Maybe so, Sir."

"Maybe so was the answer?"

"I'm hoping… I'm hoping we don't even have to make that decision. Let's pass this Resolution and that's a nonissue. That's a nonissue. That is a…"

"The Resolution has to pass both Houses before this is a nonissue."

"That's correct."

"So what I'm saying, I'm going to vote 'no' on the Resolution because if the pay raise does come through, that one House or either does not accept it, I am definitely going to accept that. I think I work very hard for it. I don't want to put us in a position or another General Assembly in the position five (5) or six (6) years from now where the raise is going to be like 13 or 18 percent or something and then it's politically damaging on anybody and it's hard to justify. If we start this cycle again where we start turning down these 1 percent raises, it's going to 09500262.doc 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 accumulate and then some future Assembly is going to have to pass a raise when it comes to the point that they're living well below the means of the average citizen in their district. Now, maybe some districts that's not true. But I know in the district I live in I don't think we're overpaid, I don't think my constituents feel I'm overpaid. I, for years, have voted against this Resolution. I get no calls from my district. When people ask me about it at a public meeting, some of them think we make what the U.S. Congress makes, a hundred and twenty (120), a hundred and forty thousand (140,000). When you tell them what our salary is, I think they think we earn our pay, especially in years like last year. So, I just say that if a person really doesn't want this they can vote for the Resolution. If the pay raise comes through, I would say if I voted against it I would return the money. I'm not going to… if… if I voted for it, I mean. Since I'm voting against it, I will gladly accept that money."

"Representative Durkin."

"Indicates he'll yield."

"The process itself right now, if we look at what happened last year, Representative, the way it works is very difficult to stop. I think the right way to do this is just basically make sure we have concurrence from both 09500262.doc 56  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 the House and the Senate and take a positive vote on the pay raise and have the Governor sign it."

"Well, Representative, I think as I mentioned to the other Representative before, Representative Miller, we should revisit the process. I've no doubts about that. But what's before us right now is House Joint Resolution 132 that hopefully, I'm hoping we can all agree on this, at least most of us, put pressure on the Senate to jump on this Resolution as well and make sure that we stop it from happening."

"Thank you."

"Representative Fortner."

"Indicates he'll yield." 09500262.doc 58  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Well, my understanding, Representative, is that they're treated individually so it all depends when it comes up, what the circumstances are and you know, how we decide what those pay increases should be if, in fact, they agree that there should be pay increases." Fortner: Well, one of the things I saw that happened with the last time that we dealt with this issue when this chamber voted not to accept the pay raises, but that was not echoed on the other side, was, in fact, there was a very substantial pay increase not just due to the Compensation Review Board's recommendations of this current cycle, but in fact, because of the fact that in previous cycles both chambers had rejected the Compensation Review Board's recommendations. It turns out that under current State Law that if that's rejected but if at later time in the next cycle it's not rejected, not only do you get the current compensation, but in fact, you get the previous cycle's compensation. So we're talking about flaws in the process which I completely agree with you on. To me this is a fundamental flaw in the process that if we have a case where both chambers agree and say 'no', it is not really 'no'. We have… we're stuck with this process where it is not a substantial 'no', it's only a temporary 'no' and that 09500262.doc 59  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 if a future General Assembly chooses to accept the pay raise, all the back Compensation Review Board packages then come into effect as well. Would you agree with me that that's a fundamental problem that we ought to address?"

"Well, as I mentioned before, Representative, I think we have two (2) isolated issues here. Number one, the process itself and I agree with many of you, many of the folks on this side, we need to revisit that process. It is… it's not right. And the main thing right now is, folks, the timing. This country's going through some tough times. The people of the state are going through some tough times. It's so wrong to accept this and we need to stop the train now."

Speaker Hannig: "Is there any further discussion? Then Representative Crespo is recognized to close."

"Thank you, Speaker of the House, Members of the House as well. I think we all agree that we need to revisit this process. I think that's a nonissue. What's really the intent of this Bill (sic-Resolution)? Folks, these are difficult times for a lot of the people that we represent. I had mentioned earlier when… in the past when we used to talk about foreclosures, people losing their jobs, we would think about certain parts of the city, certain parts of the state where that would happen. Folks, I can bet that many of you can walk up and down the streets where you live, and you've seen friends; you see neighbors losing their homes, afraid of their jobs. This is the wrong timing. Folks, we need to let our constituents, we need to let the people that we represent, know that first and foremost we need to take care of their needs before we even consider anything that's going to benefit us. And listen, I agree you all work very hard and I also agree that we ran very hard to get these seats, but again, I remind you, these seats are not ours, these microphones are not ours. Our folks sent us here to occupy these seats and we need to make sure that they know and they feel confident that we're going to take care of their needs before we take care of ours. And again, I thank you all for the debate and I ask for your support." 09500262.doc 61  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"The question is, 'Shall House Joint Resolution 132 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. This requires 60 votes. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 94 voting 'yes' and 8 voting 'no', 6 voting 'present'. And House Joint Resolution 132 is passed. Representative Joyce, for what reason do you rise?"

"Thank you, Mr. Speaker, Ladies and Gentleman of the House. I rise on a point of personal privilege."

"State your point."

"Thank you, Mr. Speaker. Ladies and Gentlemen, it's my great honor to introduce a group of young people that mean a lot to me. They're from St. Cajetan School on the southwest side of the City of Chicago. The eighth grade class, their teachers and parents are up on the Democratic side of the gallery. It's the same school that my kids go to and the same school I went to. Please welcome them."

Speaker Hannig: "Welcome to Springfield. Representative Pritchard."

"Representative Fritchey. Representative Poe, you have House Bill 4192. Do you wish us to read that Bill? Read the Bill, Mr. Clerk."

"The Gentleman from Sangamon, Representative Poe."

"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Jerry Mitchell, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 108 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Moffitt, you have House Bill 4644. Out of the record. Representative Hernandez, you have House Bill 5259. Do you wish us to read that Bill? Do you wish us to read that Bill, Representative, 5259? Read the Bill, Mr. Clerk."

Speaker Hannig: "While she's getting her notes together, I think Representative May wanted to make an announcement. So, Representative May." 09500262.doc 64  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Yes, thank you, Speaker. We have a very special evening planned. The Conference of Women Legislators' fundraiser is tonight and it's a cabaret. Some wonderful cabaret acts, so we hope that you will all be there to see our ever popular Majority Leader Barbara Flynn Currie in a sultry cabaret number. We've got Representative Bob Biggins, who is looking in a day in the life in one of the offices, I don't think we're telling anybody which one it is, one of the major constitutional offices under the Capitol dome, Senator Kwame Raoul, Representative John Bradley, and then our little hottie dance number with Toni Berrios and Senator William Delgado, Willie Delgado. They are really hot on the dance floor. Then Brad Burzynski has a number for us. Senator John Cullerton is always famous for his impersonations. And then our closing number, we have a team, a bipartisan team of Representatives Pat Lindner and Joe Lyons. So, it is an all-star show. It's not the capers, it's just a cabaret, it's a small number. But join us at the cabaret, 5 to 7 at the Hilton tonight with the Conference of Women Legislators' fundraiser. Thank you."

"Thank you, Representative May. Now the Clerk has read House Bill 5259 for a third time and Representative Hernandez you're recognized to present the Bill."

"Thank you, Speaker and Members of the House. House Bill 5259 amends the Illinois Public Aid Code and the Community Service Act to provide that in any calendar year in which there is a cost of living increase in Federal Supplemental Security Income benefits or Social Security 09500262.doc 65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 Administration payments, the Department of Healthcare and Family Services shall increase the per diem Medicaid rate by an amount equal to the increase for total SSI benefits or Social Security Administration payments for intermediate care facilities for the developmentally disabled. I ask for your 'aye' vote. Thank you."

"The Lady has moved for the passage of House Bill 5259 and on that question, the Gentleman from Vermilion, Representative Black."

"She indicates she'll yield."

"Yes."

"Correct." 09500262.doc 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Right."

"No, no, no. that's fine."

"And I understand. I could…"

"Okay."

"But I can assure you that it's not going to be reduced, that remains at least. Thank you."

Speaker Hannig: "The Gentleman from McHenry, Representative Franks."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"She indicates she'll yield."

"I want to follow up on Mr. Black's comments because last year we both passed Bills that would increase the personal allowance to fifty dollars ($50.00) and it was not heard in the Senate. I think one of them and another one, I'm not sure, ever made it to the Governor's desk. But I see here in our analysis that we have two (2) opponents, the Illinois Department of Human Services and Department of Healthcare and Family Services. Can you tell us why they're opposed?"

"It's probably because of the increase, but it's a very minimal increase, and that's really solely why."

"I'm sorry, I didn't hear, an increase of what?" 09500262.doc 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"It's… it's a… it's a… I believe it's about a three million dollar ($3,000,000) increase which is the only reason why they said they would be opposed."

"Why would it cost them anything if the Social Security is increasing, why would there be any cost at all to the state?"

"This is what they… this is what they came back to me with."

"I think that their analysis is absolutely flawed, but we see that a lot in this administration. Mr. Black had made a point about the… the additional moneys for the personal needs allowances and we all voted for it. That passed unanimously. And I'm wondering… and I know he had said he didn't think this is probably the right time to change this Bill, but I think it might be. Because we have time, they just extended the deadline. Would you consider doing an Amendment, moving this to Second, keeping your Bill as it is but within it increase on a percentage basis that if for the personal needs allowance, which obviously we're not getting passed in this state, possibly give them 10 percent of any increase? And that way they'd be able to share as well and we'd help the seniors' lives and we'd also make sure that these very important providers are getting paid. But I think with this Bill it might be our best vehicle to get our seniors and the disabled folks in these facilities more money. And it might be… if you'd consider possibly moving it to Second, making that Amendment whatever you'd like on a percentage basis. But I 09500262.doc 69  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 don't see how anybody could vote against this Bill and I'd think we'd be able to get it done."

"I understand, Representative, but I am going to ask if it can pass out of the House. This is a Bill that I did try passing last year and it never got read. It was al… it just never got to that point. So this is my second try. Let's try and see if we can do that on the Senate."

"That's fine. If you would tell the Senate Sponsor and if we can bring it back that way…"

"Absolutely."

"…I think we can keep moving it. But I really think this is an outstanding vehicle, because I think if we tie those two (2) together we'll be able to get both halves instead of just one. So I'd encourage an 'aye' vote on this. Thank you."

"Representative Bellock."

"To the Bill."

"Representative Lang."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"She indicates she'll yield."

"Representative, I wanted to tell you right up front I totally support your Bill. It's an excellent Bill and it's something we need vitally in the State of Illinois, but I do have an interesting question to ask. I see in my analysis that both the Department of Human Services and the Department of Healthcare and Family Services are opposed to your Bill. Did they say why in committee?"

"Actually, what they said to me is because of the… the small increase on it and that's basically the only reason why that they were going to go against the Bill."

"Did anybody ask them if they had an opinion on the substance of the Bill?"

"I didn't bother."

"Yeah, but they didn't offer one, did they?"

"No, they did not."

"Ladies and Gentlemen, I find… I've really had enough of this. I've been yelling and screaming at people from the administration in committee now for a couple of weeks. I don't know if you're fed up with this as well as I am but every day members of the administration come before committees of the House and they have nothing to say. Are you for the Bill? No. Why? We don't know or we can't afford it even though it's the General Assembly that 09500262.doc 71  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 appropriates money. And then you say, well all right, let's get past the money, what about the Bill? What about the public policy of the Bill? And they never have an opinion. They didn't in the Gaming Committee today. The Department of the Lottery didn't have an opinion about whether we should raise the age at which you can buy a lottery ticket. Imagine the Department of the Lottery had no opinion about that. And I think it's time in our committees that we hold the administration's feet to the fire and make them tell us. They have a responsibility to lead on public policy in the state. I can't imagine that a person's elected Governor, he has no opinion whatsoever about public policy. So it's time that we tell them to stop sending flunkies to our committees that don't have answers and to send people to our committees to answer questions about public policy in the State of Illinois. I hope you'll join me in this because I'm not going to let this go anymore. So this is a fair warning to those on the second floor, I am not going to let your people get away with not answering questions in our committees."

"Representative Stephens."

"Representative Hernandez to close."

"I'd just ask for your 'aye' vote. Thank you."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. 09500262.doc 72  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Patterson, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Winters, for what reason do you rise?"

"Mr. Clerk, read House Bill 2308, 2308."

"Representative Riley, you're recognized on the Amendment."

"Thank you, Mr. Speaker. Basically, House Bill 2308 allows for the annexation of three (3) parcels of land to the Metropolitan Water Reclamation District. Two (2) parcels are in the Village of Matteson for a mixed-use residential project and the third parcel is in the Village of Olympia Fields for a health care facility."

"Is there any discussion? Then all in favor of the Amendment say 'aye'. Excuse me, Representative Sullivan, did you have a question?"

"Indicates he'll yield."

"That's correct."

"They've gone…"

"…they've gone before their requisite city councils and everything's approved."

"Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"

Speaker Hannig: "Third Reading. Represen… Excuse me, Representative. Mr. Clerk, on that last Bill, I was advised that that needs to remain on Second Reading. So House Bill 2308 can stay on the Order of Second Reading. House Bill 6313, Representative Colvin. Do you wish us to read this on Second? Representative Colvin. Out of the record? Okay. Representative Monique Davis, you have House Bill 2212. Read the Bill, Mr. Clerk."

"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. Floor Amendment #1 merely says that if a local school council member loses his or her child through death, that that member can remain on the local school council until his or her term is up. We had a terrible incident in Chicago in which little Blair Holt, whose father Mr. Holt sits on the local school council at Percy Julian and Blair was killed as he sat on a school bus… on a bus on the way home from school. And there was some mean-spirited people who thought Mr. Holt should resign from the LSC. He's a police officer, he enjoys working with children and the majority ruled and he did remain on that council. Based on the number of deaths that are occurring in the City of Chicago to children in Chicago, we would ask for a favorable vote that will allow parents of children who are on the local school council, if 09500262.doc 75  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 their children are killed or if their children die, they can remain for the end of their term. I will be ready to answer any questions."

"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"

"Third Reading. Representative Mathias, you have House Bill 4266. Read the Bill, Mr. Clerk."

"Representative Mathias."

"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"

"Third Reading. Representative May, for what reason do you rise?" 09500262.doc 76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Yes, please, on House Joint Resolution 132, I wish to be recorded as a ‘yes’ vote. I was having lunch and flew out, so I am a ‘yes’ vote on House Joint Resolution 132. Thank you."

Speaker Hannig: "The record will reflect your intentions, Representative. Representative Munson, you have House Bill 5584, Representative Munson. Out of the record. Representative Holbrook, you have House Bill 5159. Do you wish us to read that Bill? Read the Bill, Mr. Clerk."

"Representative Holbrook, what's your pleasure on Amendment #3?"

"I would like to table Amendment #3 and 2 and adopt #4."

"Number 3 is withdrawn, Mr. Clerk. Are there further Amendments?"

"Representative Holbrook on Amendment #4."

"Amendment #4 becomes the Bill. It allows for the railroad to… we've authorized their police force to be sworn officers now, to put their standards and policies and guidelines before the Law Enforcement Training and Standards Board. Currently, the policies must only be filed with the Board and made public. It also allows for a 09500262.doc 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 system review, objective review, as most other police departments have on complaints on that police department. If we could, I’d just like to adopt the Amendment and then when this thing gets on Third we can debate the merits of the Bill, since the Amendment becomes the Bill."

"Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Amendment is adopted. Any further Amendments?"

"Third Reading. Representative Rose, you have House Bill 5912. Representative Rose? Out of the record. Representative Joyce on House Bill 4651. Representative Joyce, 4651? Out of the record. Representative Jefferson, you have House Bill 5739. Do you wish us to read that Bill? Out of the record. Representative Mautino, you have House Bill 4808. You wish us to read that Bill? Read the Bill, Mr. Clerk."

"Third Reading. We're going to return to the Order of Third Readings. And Representative Fritchey, you have House Bill 4844. Mr. Clerk, read the Bill."

"Representative Fritchey." 09500262.doc 78  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Thank you, Speaker, for calling this piece of legislation. Ladies and Gentlemen, this is a Bill that you may have heard of. This had to deal with the issue of humane euthanasia of animals. Let me tell you first and foremost that through the work of the proponents of the Bill and the time on behalf of representatives from the veterinarians… Illinois Veterinary Association this is… there are no objectors to the Bill. Unbeknownst to many of you, in a number of places throughout this state cats and dogs are still put down in what's considered to be a very inhumane manner. And if you ever saw the video I think that you would agree, and that is to have them put into a gas chamber, essentially, oftentimes numerous animals at one time and gassed until they're dead. This could take 20 to 30 minutes; it doesn't always work the first time. There is a better, faster, cheaper, more humane way to do this through lethal injection. It's what the overwhelming number of shelters and facilities use. This legislation will prescribe that lethal injection shall be the method that shall be used; however, it also recognizes that in unfortunate circumstances there are still times that using carbon monoxide to put down an animal may be either the only alternative or even the most humane alternative available to put down that animal. But even in those cases we'll now regulate how that is going to be done, so that in these unfortunate circumstances we can minimize the impact of this. As I said, there are a number of proponents to the Bill. There are no opponents to the Bill anymore. I'd like to thank the individuals from Chicago English Bulldog 09500262.doc 79  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 Rescue group as well as the ASPCA and the Humane Society for their help. I'd be happy to answer any questions; otherwise, I'd request an 'aye' vote."

"Is there any discussion? The Gentleman from Lake, Representative Sullivan."

"Representative Lang."

"Thank you, Mr. Speaker. I rise in support of the Bill. I'd just like to commend the Sponsor who worked very hard with the opponents to get everyone on board. What's been happening with these animals is a disgusting practice and sometimes around here we have to transcend all kinds of things and just do the right thing, and this is one of those Bills."

"Representative Reis." 09500262.doc 80  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Representative Mautino."

"Thank you. I also commend the Sponsor of the Bill for working with the veterinarians and some of the other groups who have to oversee or perform the use of these chemical injections. Are they now, the veterinarians, they're completely fine with it. One of the concerns was that someone untrained in handling the same lethal injections that we would give were there a death penalty. It's the same chemicals used, same schedule narcotics. It can only be handled by vets in this situation and those who are licensed?"

"Correct. And a lot of people may not realize that in Illinois we license animal euthanasia technicians. We want to make sure that we have the proper safeguards for those individuals and for veterinarians who will be present if there were to be a gas euthanasia required. What some people don't realize is that that is not only barbaric to the animal; there have been cases where the improper administration of the gas has resulted in the death of the shelter worker who has tried to do this. So we're trying to make sure, first and foremost, is that this is only done 09500262.doc 81  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 in extreme circumstances and then if it is done, it is going to be done by qualified individuals and in those cases when we have, as you referenced, lethal injection of an animal, that the person that's performing that lethal injection has been trained to do so, is licensed to do so and is doing it in conformance with the laws and regulations of our state."

"And that's… I appreciate you. I know how hard you've worked on that Bill and I do appreciate those answers. Those chambers are used and should be used in only the most extreme situations, and that's usually done when you have a dog that's… is vicious, violent, and presents a risk to those workers. So, I mean, you've defined those situations very well and I commend you for that."

"Thank you. I appreciate it."

"Any further discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. 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, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 2649."

"Representative Molaro."

"Thank you, Mr. Speaker. This does one simple thing, so I want to make it clear and everybody understands 09500262.doc 82  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 exactly what this Bill does. In Illinois now, there's several dating services and this is pay for dating services. Costs you about thirty ($30.00), forty bucks ($40.00) a month and they do a nice job putting one person in touch with another. And basically what it does, as you well know, in the State of Illinois and under the Adam Walsh Act if you're a convicted sex offender then by law you're not allowed to get on these sites, but what they do is a lot of these dating service's sites, they just say hey, it's already legal, they don't do any checking. So what we have is we have the ability of a lot of sex offenders, who have been convicted sex offenders and they're registered on the national sex registry that get on these sites. There are some companies that check and do these background checks; there are some companies that don't. So all we're doing in the State of Illinois is asking that when you get on the Web site of these dating services that the dating services just put a box, we do check the national registry or we don't check the national registry. We're not forcing anybody to do anything else. We're just saying that a person should know whether they checked the national registry of sex offenders. If they don't, then you do it yourself; if they do, that's fine. It's a simple Bill that just has you check whether or not you do the national sex registry. The Attorney General is in support of this Bill, they signed in in support. And we would ask for a favorable Roll Call."

"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote… Excuse me, 09500262.doc 83  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 Representative Lindner's asking for recognition. Representative Lindner."

"Indicates he'll yield."

"Just the internet date… the Internet dating services who don't provide this are in opposition."

"Well, they… they were in committee and I forget exactly what they said, but my thinking is the opposition is that it would cost them seventy-eight cents ($.78) to do this and they don't want to pay the seventy-eight cents ($.78)."

"I couldn't disagree more. In other words, what it would do is it would stop a bunch of sex offenders from getting on and both myself, Representative Bradley, other Republicans have voted for it, including the Attorney General of Illinois all think it would be better. As you 09500262.doc 84  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 know, the Attorney General is taking a lead role on this and their people have signed in… in support of this, we are in support of this and I think that what it will do, any time you can keep a sex offender off, I think it's the best thing we can do and I think this will keep sex offenders off of these dating sites."

"Examp… I'm sorry, say that again."

"I can't hear her. I'm sorry."

Speaker Hannig: "You need to repeat your question, Representative Lindner."

"Representative Lindner, I just didn't hear you."

"Yeah. There have been many people who have been arrested that are sex offenders that are in dating services, MySpace, and there are many where their probation… they've been arrested and their probation had been violated because they're in these sites that they shouldn't be in as a condition of their supervised release."

"You mean people's names? No, I don't have their names, but I mean they've been prosecuted…"

"Yeah, it's been happening in the State of Illinois and throughout the United States where people have been prosecuted for being on these sites, 'cause it's illegal for them to be on the sites. I don't have their names. I could get them for you."

"New Jersey passed one that's even more restrictive. There are states that have passed more restrictive. The way we've done it is least restrictive. This particular way, we are the only state that will do it this particular way."

"Yes, I am aware of that."

"Yeah, I do. But I got to tell you, I'm actually… I'm appalled that they don't already do it. I would assume that when a dating service takes my daughter's forty dollars ($40.00), they check whether the guy that gets on there is a sex offender. I'm appalled that they don't. They tell me they don't check to see if he's on the sex offender list and I think that's ridiculous. Should my daughter check? Absolutely, but she's nineteen (19), twenty (20), twenty-three (23) years old. I think that 09500262.doc 86  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 these dating services, if they're going to take my daughter's a hundred and twenty dollars ($120.00) for three (3) months they should at least check to see who's on the sex… national sex registry and that's why we have the Bill."

"Representative Reboletti."

"He indicates he'll yield."

"No, I agree with you. We should put those on so they can do the check themselves. We're in agreement."

"Any further discussion? Then Representative Molaro to close." 09500262.doc 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Well, I just think that myself, Representative Bradley, many Republicans voted for it in committee, people here, the Attorney General of the State of Illinois is taking a lead role. Feels like this would certainly help protect our women and some of our teenagers who are eighteen (18), nineteen (19) years old. And all it does… remember, it doesn't require anything, all it does is disclose. If you do the background check, fine; if you don't, we will go and link up and do it as Representative Reboletti said, we can do it on our own. All this says is whether or not they do it so we know whether they do it; and if they don't, we'll go do it ourselves and be personally… responsibility. It's a great Bill. It protects our children, it protects our women and I think it deserves a lot of 'yes' votes. Thank you."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Patterson, Dunn, Coulson, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 98 voting 'yes' and 10 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative McCarthy, for what reason do you rise?"

"Thank you, Mr. Speaker, a point of personal privilege, please."

"State your point."

"Thank you, Mr. Speaker. In the upper balcony behind the Republican side, I'd like to welcome the students and 09500262.doc 88  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008 Ms. Eickmann from Our Lady of Guadalupe School in Chicago, Illinois. So, thank you for coming. Let's give 'em a welcome from the House of Representatives."

Speaker Hannig: "Welcome to Springfield. Representative Jefferson, do you wish us to read House Bill 5739? Representative Jefferson? Out of the record. Mr. Clerk, what is the status of House Bill 5788?"

"Return that to the Order of Second Reading at the request of the Sponsor. Mr. Clerk, read the Agreed Resolutions."

"Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Agreed Resolutions are adopted. Representative Davis, Will Davis, for what reason do you rise?" Davis, W.: "Thank you, Mr. Speaker, a point of personal privilege."

"State your point." Davis, W.: "Thank you, Mr. Speaker. Ladies and Gentlemen, in the gallery are students from Lady of Guadalupe School in Homewood. Would you please stand and be recognized. Thank you very much, Ladies and Gentlemen of the House, for recognizing the students." 09500262.doc 89  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 262nd Legislative Day 5/7/2008

"Mr. Clerk, could you give us the committee cancellations for the day."

Speaker Hannig: "Are there any announcements? Then Representative Currie moves, that allowing perfunctory time for the Clerk, that the House adjourn until Thursday, May 8, at the hour of 11:00 a.m. All in favor say 'aye'; opposed 'nay'. The Motion is adopted and the House stands adjourned."