Illinois House Floor Debate — May 29, 2011

Speaker Madigan: "Ladies and Gentlemen, let me have your attention, please. We want to take a few minutes and say hello to the Senior United States Senator from Illinois, and a very good friend of all of us, let me give you Senator Dick Durbin.

"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Lee Crawford, the Pastor of the Cathedral of Praise Christian Center in Springfield. Members and gas… 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. Pastor Crawford."

"We'll be led in the Pledge today by United States Senator Dick Durbin."

"Roll Call for Attendance. Leader Currie."

"Thank you, Speaker. Please let the record show that Representative Dugan is excused today."

"Leader Bost."

"Members, Brown, Eddy, McAuliffe, Poe, Saviano and Stephens, record yourselves. Record yourselves, Members. You want to be paid? Well, that got everyone up and around. Mr. Brown. Is Mr. Brown here today? Please take the record, Mr. Clerk. There are 114 Members present and a quorum is present. And let me officially welcome to the House Chamber, Senator Dick Durbin. Mr. Sacia."

"State your point, Sir."

"Mr. Bost."

"That will be done, Sir. Leader Currie. Leader Currie."

"Thank you, Speaker, Members of the House. I move to suspend the posting requirements so that Senate Bill 673 may be heard in the Executive Committee. Senate Bill 1533 also in Executive. Senate Bill 1802 in Human Services- Appropriations. Senate Bill 2169 in Executive. House 09700068.doc 4  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 Resolution 371 in Human Services. House Resolution 373 in Elementary & Secondary. House Resolution 382 in Human Services. House Resolution 383 in Human Services. House Resolution 390 in Transportation: Vehicles & Safety. House Resolution 395 Transportation, Regulation, Roads and Bridges. House Resolution 397 State Government. House Resolution 402 and 405 also State Government. House Resolution 406 Health Care Availability. House Resolution 411 Elementary & Secondary. House Resolution 417 Higher Ed. House Resolution 423 Business & Occupational Licenses. House Resolution 424 Agriculture. House Joint Resolution 34 Environmental Health. House Joint Resolution 35 Transportation: Vehicles, and Safety. House Joint Resolution 36 Human Services. House Joint Resolution 37 Agriculture."

"You heard the Lady's Motion. My understanding is that Mr. Cross has agreed to this Motion. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Lady's Motion carries, and the posting notice is waived on all of the Bills and Resolutions mentioned by Representative Currie. Mr. Clerk, Committee Reports."

"Mr. Sosnowski."

"State your point, and introduce your guest, Sir."

"Maybe Mr. Sacia would like to share a chicken wing with him. Thank you, welcome to the House Chamber young man. On page 14 of the Calendar under the Order of Concurrence, appears House Bill 200. Leader Cross."

Speaker Lang: "The Gentleman moves to concur with Senate Amendment #1 to House Bill 200. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 200. And this Bill, having received a Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. DeLuca."

"Thank you, Mr. Speaker. I would ask that the Journal reflect on Senate Bill 2288, I voted 'yes', I intended to vote 'present'. And on House Bill 1091, I voted 'no', I intended to vote 'yes'."

The record will reflect your intentions, Sir. Page 15 of the Calendar appears House Bill 233. Leader Cross." 09700068.doc 8  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"The Gentleman moves for the concurrence with Senate Amendment #1. Is there debate? No debate. Those in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Berrios, Burke, Carli, Hernandez. Please take the record. On this question, 114 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 233. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 237. Leader Cross."

Speaker Lang: "The Gentleman moves to concur with Senate Amendment #1 to House Bill 237. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Crespo, Flowers, Turner. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 237. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 17 of the Calendar appears House Bill 1571. Leader Cross."

Speaker Lang: "The Gentleman moves to concur with Senate Amendment #2 to House Bill 1571. There being no debate. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gabel. Please take the record. On this question, 114 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #2 to House Bill 1571. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to page 14 of the Calendar. Mr. Clerk, announcements."

"Let me repeat that, Members. After committees, the House will reconvene at 5:45 p.m. The House will be at ease for committees and will reconvene at the hour of 5:45 p.m."

"The House will come to order. Mr. Clerk." 09700068.doc 11  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"Representative Stephens."

"Republicans will caucus for one hour, till the hour of roughly 7:00. Representative Mike Bost."

Speaker Lyons: "The Clerk will so note. Thank you, Representative. Representative Feigenholtz, what purpose do you seek recognition, Sara?"

"I'd just like to announce that the Cubs were winning an hour ago."

"Sara, I'm very happy for you and the Chicago Cubs."

Speaker Lang: "The House will be in order. Mr. Clerk, committee reports."

"Ladies and Gentlemen, on Supplemental Calendar #1, under the Order of Concurrence, appears House Bill 1698. Mr. Bradley. Mr. Bradley."

"Thank you, Mr. Speaker. This is the comprehensive substantial reform… Workers' Compensation Bill. The first thing I'd like to do is, this is the compilation of months of work by many different parties and many different stakeholders in the Workers Compensation process. We have had multiple meetings with varies groups, including the AFL, the legal community, the medical society, hospital 09700068.doc 13  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 association, and all the business groups. I want to thank the Chairman of the Judiciary Committee, Representative Nekritz. I want to thank Speaker Madigan, Leader Cross, Representative Brady. I want to thank Representative Kay, for his leadership. And I also want to especially thank, Director Mike McRaith, from the Department of Insurance, and my dear friend, Senator Kwame Raoul, for his leadership on this issue. House Amendments… Senate… excuse me… Senate Amendments 3 and 5 to House Bill 1698 involve several different aspects of reform, and I would say that it's a combination of medical fee reduction, indemnification reform, system reform, and insurance reform, where everybody bears part of the burden of the reforming of the system. The Director of Insurance has indicated that he believes that the overall savings on this, is anywhere from 500 to 700 million dollars as a conservative estimate. Let me repeat that. The estimated savings in… on this conservatively, conservatively are between $500 and $700 million. There are some aspects of the Bill that are harder to empirically quantify in terms of savings. The first issue, the medical fee schedule. The State of Illinois' fee schedule is a 180 percent above Medicare. It is the second highest fee schedule in the United States. The highest being Alaska, which is not a good comparison, because Alaska's different obviously, than the contiguous 48 states, 180 percent above Medicare. The next closes state is Delaware, at 131 percent. To go from second to third highest fee schedule, we would have to reduce the schedule by over 50 percent. The proposal is to reduce the 09700068.doc 14  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 fee schedule from 180 to 150 or 30 percent. It would still be 150 percent above Medicare, private insurance costs. We would shrink the geo-zips from 29 to 14 and 4, 14 for the hospitals, 4 for the doctors, which is based on Medicare, geo-zip standards. One of the major indemnification reforms is the reduction of wage differential. This was a significant concession, by the employee groups. It would reduce the wage differential from being based on life expectancy, to being based on work expectancy. We would go to a PPO program, where employees would be able to retain their choice of positions, but where the employer community would have the opportunity to have some level of direction of care. The utilization review is harder to empirically quantify, but it would basically give the employers more opportunity to contest unnecessary medical procedures, or unnecessary medical bills. And in conjunction with the PPO, the choice of physicians, through the PPO, although a difficult savings to calculate empirically provides significant cost savings. Intoxication, the intoxication defense, for the first time in the history of Illinois, would be available to employers who are dealing with workers who are injured as a result of their own intoxication. One of the most significant indemnifications or legal reforms that's included in this Bill, is the inclusion of AMA guidelines. Let me be clear, AMA guidelines have never appeared in the Illinois Workers' Compensation Act. They've never been a part of discussions. They've never been involved in their rate… rating of disability or the rating of impairment. Under 09700068.doc 15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 this provision arbitrators are required, arbitrators are required to considered the AMA guidelines in evaluating workers compensation claims. We're limiting the carpal tunnel awards. We're putting a cap on carpal tunnel awards in response to the situation that took place at the Menard Prison. We're creating a collectively bargain Workers' Compensation Pilot Program for two internationals within the State of Illinois, to see whether or not collective bargaining within the Workers Compensation is something appropriate for our State. We have codified the standard of convincibility, which states that an employee bares the burden of showing that he or she has sustained accidental injuries arising out of and in the course of employment. One of the most important reforms in this legislation is the immediate recalculation of insurance rates. This will require the national agency, which sets the insurance rates by September of this year, to recalculate rates so that the 15 to 20 percent rate premium reduction that we anticipate and calculate would be realized as soon as possible to employers within the State of Illinois. There are significant commission reforms. We are firing the arbitrators. We are requiring them to be lawyers. We are putting them on three year terms. We are rotating them in and out areas. We are requiring them to abide by the judicial code of conduct. We are beefing up the fraud unit. We are giving the Department of Insurance greater ability to handle the State's own Workers Compensation issues. We are allowing for additional hardware. We are allowing additional penalties for noncompliance with 09700068.doc 16  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 insurance issues. The ability for an electronic billing, which has been supported by the medical community and some other less major issues. Ladies and Gentlemen, this is a significant reform Bill. It's the most significant reform Bill of workers comp. that we've seen in our lifetime and probably ever will. It passed out of the Senate overwhelmingly with 46 votes. I would ask you to consider this as an opportunity to save businesses, hundreds of millions of dollars in actual money realized in the comp. system and double digit premium percentage savings on their premiums and on their workers comp. insurance on a day to day, month to month early basis. Ladies the Gentlemen, I would ask for an 'aye' vote."

"Gentleman moves that the House concur in Senate Amendments 3 and 5 to House Bill 1698, and on that question, the Chair recognizes Representative Zalewski."

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

"The Gentleman yields."

"Representative, just to an earlier question that came up in the committee with regard to intoxication. There's this specific question as to what exactly this Bill did with employees who are found to be intoxicated on the… on the… on the job? Can you explain for the Body, what exactly the Bill does with regard to intoxication?"

"Well, for the first time in the history of the State of Illinois, an employer who has an employee file a Workers Compensation claim against the employer, that is, the injury is the result of their own intoxication, they would have a defense to the payment of that claim. We have never 09700068.doc 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 done this in the State, it's long overdue, it is concession from the employee groups, but it's one in that good faith people are willing to make because it needs to happen."

"So, in current law, in fact, the presumps… the… the… the burden is upon the employer to overcome an intoxication, and in fact, we're making it the burden placed upon the employee under this Bill. Isn't that accurate?"

"That is correct. We are shifting the burden to the employee and allowing the employer to raise it, and to shift the burden to the employee."

"To the Bill. I credit Representative Bradley and Senator Raoul on this piece of legislation. I was fortunate enough to be part of the process in December, when we gave thorough examination to the Workers Compensation issues facing small businesses in Illinois. I would say to the Body, do not let perfect be the enemy of the good, when it comes to Workers Compensation in Illinois. We're going to hear, I'm sure in the next few minutes, we're going to hear a lot of talk about causation and how other states wish causation to be this magic potion that'll cure all our ills, and I would remind them that our great state to the south, Missouri, tried causation, and they found two things: 1) that they were… Legislators are now trying to roll it back, and 2) that it doesn't work, and in fact, it creates a litigation gap. I would say that this Bill saves money for small businesses, it reforms the system that desperately needed reforming, and it… it will put us on a path toward economic recovery with regard to 09700068.doc 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 small businesses who are crying out for relief when it comes to Workers Compensation. I ask for a strong 'aye' vote."

"Mr. Brady."

"Gentleman yields."

"That… that has been a discussion. I have met with the medical society and the hospital association as has Senator Raoul, as has Director McRaith. Let's be very clear about this, and I want everyone in here to listen to this. Let's be very clear about this. The decision as to 09700068.doc 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 whether or not to stay at 30 percent or to go to 20 percent, or to move it up to 50 percent, so we would go from second to third, or to move it down below 20 percent, has been something which has been an ongoing negotiation ever since this thing began. The business groups wanted to do more than 30 percent. They indicated they're going to walk off at less than 30 percent. If the agreement was going to be made to move it, it had to be made in the Senate before 46 Senators sent this Bill to the House. This is the vote. This is the Bill we've got. The other option is for Senator Raoul to go back to the Senate and pass the Repeal Bill, which is over in the Senate. This is the vote. This is the Bill. If the agreement was going to be, to move it down to 20, and if the business groups are willing to take that, right through that negotiation, that had to take place, before 46 Senators sent a House Bill back to the House from the Senate. And, so to say that there was no negotiation, there was no consideration, that something that's been going on, that was a decision that was made in the Illinois Senate, and here we are, and it's 30 percent."

"I don't know if that was ever the case, because they negotiated with us, they negotiated with us, and I've been very clear from the beginning that it was my belief, it's my belief, that if you want primary causation, and that has to take place, the way to get that, is on the Bill that we voted on here over the weekend, which you also voted against, which is in the Senate, with Senator Raoul, is prepared to take for a vote in the Senate immediately upon the result of this vote here tonight in the House."

"Are you referring to 1066, which you supported, that did not include primary causation?"

"Okay. That Bill, the medical fee schedule was 15 percent."

"Well, there… there's substantial, without getting to all the negotiations, there has been substantial pressure to try to move the fee schedule beyond the 15 percent, because the fee schedule is so out of whack, with every 09700068.doc 21  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 other state. And to go to third place from second place, to go from second to third place, to go from second to third place we would have to reduce the fee schedule by over 50 percent. We would have to reduce the fee schedule by over 50 percent. There are groups out there that want to do that. They don't think we should be second anymore. They think we should be third. Even with the 30 percent reduction we're still 150 percent above Medicare… 150 percent above Medicare. And so there's pressures from both sides. There's pressures to lower it, there's pressures to raise it. The Bill that came out of the Senate, that got 46 votes in the Senate, was 30 percent. There's pressures on both sides. This is the Bill we were sent. This is our choice. That's not some hypothetical that's out there, that's not going to happen. This is the choice. Five hundred to 700 million dollars of savings or repeal the Workers' Comp. System."

"I absolutely do, because I don't think… I don't think… there… it's difficult for us to empirically at this point measure some of those legal indemnification reforms, and this Bill… conservative numbers are $500 to $700 million, I think it's potentially going to be much higher than that, and that's on an annual basis. This is not a 09700068.doc 22  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 one-time deal, Representative. This is an annual basis and so it's my opinion that we've tried to strike a balance between the fee reduction, the reform commission reforms, and indemnification reforms or legal reforms, that were sacrifices by the employee community. And believe me as a practitioner, it is my belief that the… the legal reforms and the concessions that were made by the AFL and the Trial Bar in this matter are significant."

"Mr. Reis."

"Mr. Riley."

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

"The Gentleman yields."

"Representative Bradley, I'd like to congratulate you and Senator Raoul for all of the work, all of the work that 09700068.doc 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 you did, and I'm going to vote for this piece of legislation. But I do have some questions."

"Sure."

"It's just that everyone takes a hair cut. I am concerned about, about the workers, and one of my concerns has to do with the utilization review in general."

"Yes."

"Utilization review's been around along time in terms of some of the… the federal healthcare programs, but can you tell me something about the composition of a board, if any, or will it be an individual, individual physician? Who's going to conduct the utilization review?"

"Sure. So the utilization review will be governed by a national utilization review procedure and policy, which is established. This is a point of significant negotiation between the business groups and the AFL and the Trial Bar. And the unions in the Trial Bore… Bar, reached a point of comfort to where they went neutral, with regards to this provision, because we put additional abilities for the employee to cross examine the utilization review provider. We put in additional requirements that there be a procedure for who could do the utilization review in the circumstances under which it would take place. So really the main change was we shifted the burden, so that the utilization review is admitted into evidence in the case, then the burden would be shifted to the employee by preponderance of evidence to prove that the treatment was actually necessary. That was the major reform." 09700068.doc 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"Mr. Speaker, can… can we have a little… little bit or order, because, I can hardly hear Representative Bradley? Because I would presume there would be a concern, for example, not to paint with a broad brush. To use an example, a physician that does evaluation of claims for say an insurance company who may not be, shall I say, you know, very concerned with the right of the person holding the policy. And so some people might, you know, have a little pause about this process that is very integral to this Bill."

"What's that?"

"The person doing the review, would they receive any kind of immunity, at all?"

"I guess I don't understand the question Representative."

"Well, for example, a traditional peer review, you could have a physician actually doing it, would they resue… receive any immunity from any litigation that would go forward from them making their decision?"

"I don't know what… I don't know what problem would take place, because it's a procedure that's already in place….

"Okay."

"…and we didn't tinker with that a lot. The only… the main difference is, is that we shifted the burden from the employer to the employee, which was a significant, you know, one of the comments by one of the previous speakers who actually voted for 1066, was that there was no indemnification or legal reform here. This is significant 09700068.doc 26  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 concession by employee groups, by shifting the burden on utilization review from the employer to the employee. And that was the major difference here, and that's the major reform of this, is that we shifted the burden from the employer to the employee. Once utilization review comes in, under an established procedures, and with established protections, and I'm not an expert on those particular aspects of the insurance law, then the burden was shifted to the employee to actually prove that the care was necessary."

"Okay. Thank you. Thank you for your testimony."

"David Harris." Harris, D.: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The Gentleman from Williamson County has done a dedicated effort in trying to put together a Bill which is calling reform and he's worked long and hard to do it. But the Gentleman from Cook County who asked the question, or was the first speaker, made the point, we shouldn't let the perfect, drive out the good. So, we have to ask ourselves the question, is this Bill good enough? Is this Bill good enough? Well, let's see what the Chicago Tribune had to say about this Bill. When Governor Quinn introduced an insufficient plan for Workers Compensation in April, he said, 'Everybody, everybody contributing to the high cost of Illinois' employer funded insurance system, would have to take a hair cut.' Everybody. Well, the barbers in Springfield have put away their clippers, and surprise, the Trial Lawyers and unions barely got a trim. Only healthcare providers received a boot camp style buzz. What 09700068.doc 27  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 a shame when every Workers Comp. profiteer in the State richly deserved to be shaved bald. Further it falls far short of what's needed. We can't join in the celebration. This issue presented an opportunity for the State to improve its troubled business climate. Instead of providing a competitive advantage, the proposed reforms merely stand to make Illinois less competitive. What does the Illinois Chamber of Commerce say, with all respect to my esteemed colleague from Williamson County? It is a good Bill that makes a down payment on reform. But it is not worthy of being characterized as bringing significant reform to Illinois' Worker's Compensation Program. Who are we picking on here? We're picking on the healthcare providers. We're picking on the hospitals. Hospitals. Hospitals who in January, agreed to a freeze in Medicaid outlier payments, saving the State a hundred million dollars. Hospitals that pay a nine hundred million dollar provider tax, that brings billions to the State of Illinois that we can use to pay Medicaid. Hospitals are the fourth largest taxpayer in the State of Illinois, bringing in more money than the lottery. So, we come back to the basic question. We don't want to let the perfect drive out the good. And my esteemed colleague has done a lot of hard good work here. But is this Bill good enough? And I think the answer to that question is no."

"Mr. Hays."

"Mr. Sullivan."

"Gentleman yields."

"I… they're… they're shaking their head no, there was no agreement between myself and Caterpillar as a negotiator. There was no agreement between the Senate. I would say that Navistar, Mitsubishi, Marriott, Hyatt, United Airlines, Ford Motor Company, Wal-Mart, Commonwealth Edison, American Airlines, all are satisfied. Pepsi, are all satisfied with the language. And on the AMA guidelines on the negotiation that took place, we really got down to one sentence. And that one sentence in that Bill was whether or not we were going to have strict AMA State with no ability to take into the unique circumstances of an individual, or we were going to have a State which allowed for the taking into account, for the unique circumstances of an individual."

"And the line from where we started and where we ended up was very close, and so we had a decision to try to make as to where to drop that line, in terms of where it would fall and it was a very close discussion it was a very thoughtful and a very deliberate discussion and we dropped it just short… just short, of where that Peoria based company wanted it to be, and as a result of dropping it short, they went from proponents to neutrality."

"Well, I said… that was the one you mentioned, right?" 09700068.doc 30  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"I… I thought the busin… I thought the business groups were your allies?

"I'm sorry."

"They're shaking their heads… they're shaking their head…"

"They're shaking their head no and I wasn't a party to that."

Speaker Lang: "Your request is acknowledged, Sir. Mr. Winters."

"Mr. Connelly."

"Leader Cross."

"Mr. Kay."

"Gentleman yields."

"Thank you, Dwight."

"Mr. Mautino."

"Thank you, Speaker, Ladies and Gentlemen of the House. And I rise in support of the Gentleman's Bill. And I've seen the work that he's put in from members of the business community, from labor, from the Trial Lawyers. I've seen enthusiastic support from the Manufacturers Association, from the retail merchants. But inside the Bill, some of the things that… just as a reminder to get back to it, we have a 30 percent reduction in the medical fee schedule. We are using for the first time in the history, the American Medical Association standards. We allow for the creation of the provider networks, something that could've never been done over the last twenty years. Strengthening the utilization review, and ensuring that the medical care is administered, and that's structured within the Bill, and that's something that the… the employees, that the workers have given up. It eliminates the life 09700068.doc 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 time different… wage differential payments and the employees will now receive wage differential payments during their work career, to the age of 65 or 5 years which ever is later. It reduces Carpal Tunnel Syndrome payments for an average, 40 weeks award to a maximum of 28 weeks, incidentally that saves the State of Illinois, about 25 million dollars. It changes rebuttal presumption for workers injured while under the influence of illegal drugs or alcohol. All of these are very strong, very solid changes to a system that's in need of reform. We have 22 thousand open cases right now of state employees. Folks we only have 50 thousand employees. If you include in universities, we have 70 thousand employees. 22 thousand have open work comp claims. Think about that, it's amazing OSHA hasn't shut us down. As you look at a 30 percent fee reduction within that schedule, the difference in that is for every 10 percent that you're reduced those fees, you're looking at about a 5 percent reduction in the insurance premium. So, a 15 percent reduction premium, people say in theory, well, that's not enough. I understand what they're saying at that level, but in reality, and one of the problems with this chamber, is that very few Members on either side of the aisle, have ever signed anyone else's paycheck, have ever bought a health insurance policy, negotiated, or have ever bought Worker's Compensation Insurance. To me a 15 percent reduction on a $400 thousand policy means a salary for someone at my business in Bureau County. So, we can talk about a lot of the theories that are out there, we can lock in and take positions, if we 09700068.doc 39  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 nude… need to, but you can't say the Bill doesn't make changes that are needed, it doesn't provide savings, you can't say that. We're looking at a $3 billion system and we are talking about $500 to $700 million worth of savings to be taken out of that system and brought back to the employers of the State of Illinois. Mr. Raoul, Director McRaith, Mr. Bradley have done a yeomen's job in presenting changes in an area that we all agree have to have changes, so I commend them for their work. I support this proposal. And I would ask you for your 'aye' votes."

"Mr. Bradley to close."

"So, one of the previous speakers says, this is it. This is it. This is the vote. If you're for Workers Compensation reform, if you were a 'yes' earlier in the day, and suddenly became a 'no'. If you were someone who said to me, I'm thinking about being a Chief Cosponsor, and didn't bring up that you were excluded from meetings. If you were someone who worked on 1066 which is the backbone and the vast majority of the language in this Bill which was supported in a bipartisan manner, which was developed in a bipartisan manner, and which was supported by every business group in the state. If you don't consider the business groups which were in the room in the meetings as your allies, and don't feel that you were included because your allies weren't included, then don't vote for this. If you think the status quo is okay, then don't vote for this. If you don't think that five to seven hundred million dollars conservatively and a fifteen to twenty percent decrease in premiums is okay, then don't vote for this. If 09700068.doc 40  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 you think that something has changed with regards to this Bill from the time we had the committee vote earlier today, to the time we're having the real vote on the floor, then don't vote for this. If you think the way the State of Illinois has been doing business and what we've been doing okay, then don't vote for this. And guess what, some of you didn't vote for the last Bill. Some of you didn't vote for the repeal either. Because you said we needed a compromise, we needed a reform. Here it is. This is it. This is it. This is the vote. Forty six votes in the Senate. Most of your Senators voted for it. This is the vote. I'm not asking for a reconsideration of this vote. If it doesn't pass, this is the vote. Vote 'aye'."

"The Gentleman's has moved to… that the House concur in Senate Amendments 3 and 5 to House Bill 1698. There is a request for a verification. Members will be in their chairs. Plea vote… please vote your own switches. Those in favor of the Gentleman's Motion shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, record yourselves. Please take the record. On this question, there are 55 voting 'yes', 39 voting 'no', 19 voting 'present', and the Gentleman's Motion fails. Mr. Watson."

"Your point, Sir."

"On page 8 of the Calendar under the Order of Senate Bills-Second Reading, appears Senate Bill 1179. Mr. Clerk, please read the Bill.

"Leader Currie."

"Thank you, Speaker and Members of the House. This is the measure that would remap the Board of Review in the County of Cook, according to the latest census numbers. The districts actually look very similar to the way they look today. And I know that there is some support for this redistricting proposal from sitting members of the Cook County Board. I would be happy to answer your questions and I'd appreciate your support for adoption of this Amendment."

"Lady moves for the adoption of Floor Amendment #1. And on this question, the Chair recognizes Mr. Fortner."

"Those in favor of the Motion shall say 'aye', opposed 'no'. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill for the third time."

"Leader Currie."

"Thank you, Speaker. Members of the House. That's all this Bill does. Just what we described in Amendment #2. It is the redistricting for the Board of Review of the County of Cook, and I would appreciate your support."

"Lady moves for the passage of Senate Bill 1179. The Chair recognizes Representative Mulligan."

"Lady yields."

"Well, it's the map that's contained in Amendment 2 to Senate Bill 1179. I think it might be on the House Democratic Redistricting Site. I know the Congressional map is there and I expect that this is as well. But as I said in my opening, the new districts are very similar to the districts currently in place. We did have to make some changes because of population shifts within the county, but 09700068.doc 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 the new map is not very different from the old. And the new map, the population figures are within one percent of one another from one district to the next.

"Well, that Republican Member has to live somewhere. So, that Republican Member will live in one of these districts."

"That's right."

"I am sure we have preserved a great amount of integrity with this map as we did with the last."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Record yourselves, Members. Mr. Bost, Mr. Hayes, Mr. Leitch. Mr. Hayes. Please take the record. On the question, there are 111 voting 'yes' and 2 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. David Harris." Harris, D.: "Mr. Speaker, since we have a break in the action temporarily, I rise on a point of personal privilege."

"State your point, Sir." Harris, D.: "Any of us in this chamber that have an association with one of the fine institutions of higher 09700068.doc 44  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 learning in Illinois, Northwestern University, you know they're not only our great academic university, but they have some outstanding athletic teams. And, the Lady Wildcats for the sixth time out of the past seven years won the NCAA Lacrosse Championship earlier today. So, hats off to the Lady Wildcats."

"Congratulations. On… on page 14 of the Calendar, under the Order of Concurrence, appears House Bill 212. Mr. Jones."

"Thank you, Mr. Speaker. Can you take this out of record for a minute?"

"This Bill also appears on the Supplemental Calendar under the Order of Concurrence. Out of the record? We'll take it out of the record, Sir. House Bill 224, Representative Flowers. Out of the record. House Bill 806, Mr. Mautino. Out of the record. House Bill 1056, Representative Senger."

"Lady moves that the House concur with House… Senate Amendment 1 to House Bill 1056. There being no debate, those in favor of the Lady's motion say ye… vote 'aye'; those 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 09700068.doc 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 Record yourselves, Members. Representative Will Davis. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 1056. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Mr. Ford."

"Thank you, Mr. Speaker and Members of the House. I rise in… for point of personal privilege."

"State your point, Sir."

"I would like the people of the House to recognize a good friend of mine, Robert J. Moon Jr., a decora… decorated Army helicopter pilot in Vietnam and also a Purple Heart vet, behind me in the gallery. If we could all recognize Mr. Moon.

"Glad to have you with us. Thank you for being here, Sir. Next Bill is House Bill 1079. Representative Pihos."

"Lady moves that the House concur with Senate Amendment #2 to House Bill 1079. And on that question, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Brauer. Mr. Mitchell. Please 09700068.doc 46  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #2 to House Bill 1079. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 806. Mr. Mautino. Mr. Bost."

"Thank you very much. Mr. Mautino."

"Thank you, Speaker, Ladies and Gentlemen of the House. I move that the House concur in Senate Amendment# 1 to House Bill 806. The Senate Amendment changes… this… this deals with the application of sludge and this makes some changes to bring the municipalities into… into an agreement."

"Gentleman moves for the adop… that the House concur with Senate Amendment #1 to House Bill 806. And on that question, there being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Golar. Golar. Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 806. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1095, Representative Dugan. Out of the record. House Bill 122… 1233, Representative Mayfield."

"I sent a really good Bill over to the Senate and this is what came back. Basically, there's just one change on 09700068.doc 47  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 this, that this Bill would not apply to counties with a population of more than 3 million. I ask for an 'aye' on concurrence."

"Lady moves that the House concur in Senate Ameno… Amendment #1 to House Bill 1233. The Chair recognizes Mr. Eddy."

"The Lady yields."

"It excludes counties with a population of more than 3 million."

"It does not apply to counties of more than 3 million."

"All right, that is my mistake. My analysis is incorrect and it’s the opposite of that. It applies to counties of more than 3 million. I'm sorry."

"That's correct."

"Okay. Sorry. Thank you."

"Those in favor of the Lady's Motion shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Will Davis. Mr. Jones. Please take the record. On this question, there are 101 voting 'yes', 11 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 1233. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1253, Representative Mell."

"Thank you, Mr. Speaker and Members of the House. I would like to concur with Senate Amendment 2 and Senate Amendment 1 on House Bill 1253. Senate Amendment 2, just changes the word revise… revising to reviving. And Senate Amendment 1… originally when we talked about this Bill we put people retroactively on the sex offender list if they committed a felony and a misdemeanor. This Amendment changes it to… so it's only a felony that triggers the retroactive registration. I urge an 'aye' vote. Thank you."

"Lady moves that the House concur with Senate Amendments 1 and 2 to House Bill 1253. And on that question, the Chair recognizes Mr. Reboletti."

"Lady yields."

"If they'd been rea… rearrested. Like, if today they're rearrested for a felony, it would trigger them going on the registry."

"It has to be… they have to be convicted of a new felony."

"Yes, that would be the case."

"Those in favor of the Lady's motion shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Ford, Mayfield, Turner. Please take the record. On this question, there are 102 voting 'yes', 10 voting 'no'. And the House does concur with Senate Amendments #1 and 2 to House Bill 1253. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1258, Mr. Farnham."

"Thank you, Mr. Speaker, Members of the House. This is a concurrence. Senate Amendment 1 is a gut and replace Amendment. It retains most of the language of the 09700068.doc 50  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 underlying Bill with several changes. It eliminates any reference to the Cannabis Control… Control… Cannabis sorry… Control Act and changes the definitions of emergency response. The underlying Bill requires offenders convicted of violations of the Cannabis Control Act… sorry… Senate Amendment 1 eliminates the provisions concerning the Cannabis Control Act. Senate Amendment 1 also changes the definition of emergency response. I'll take your questions."

"Mr. Farnham moves that House concur with Senate Amendment #1 to House Bill 1258. And that question, the Chair recognizes Mr. Eddy."

"I am certain he does, Sir."

"Should I say Cannabis then. Cannabis."

"That was the sum total of your question, Sir? Representative Golar."

"Thank you, Mr. Speaker. I would like the record to reflect that on House Bill 1253, I am a 'no'."

"The record will reflect your intentions."

"Thank you."

"Those in favor of Mr. Farnham's Motion shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted 09700068.doc 51  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 who wish? Representative Monique Davis. Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And the House does concur Senate Amendment #1 to House Bill 1258. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to House Bill 224, Representative Flowers."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to concur with Senate Amendment #3 to House Bill 224. This Bill would bring Illinois law into conformity with consumer protection required by the federal law in regards to Illinois external review process. And I'll be more than happy to answer any questions you may have."

"Lady moves that the House concur with Senate Amendment 3 to House Bill 224. And that question, the Chair recognizes Mr. Reis."

"Lady yields."

"Yes."

"Representative, there was a prior Bill that we passed back in 2009 that dealt with external review, giving patients the right to an appeal to an independent physician. But that independent physician wasn't quite independent because it was being chosen by the insurance company. And Federal Law stated that we really had to amend 09700068.doc 52  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 that and revise it to put minimum types of consumer protection into the Bill. And so, by making the necessary changes and allowing for external review to be… and random selection of the in… the reviewers, we came into conformity of Federal Law."

"I did."

"Thank you."

"Mr. Reboletti."

"Lady yields."

"You are correct. July 1, 2011, in order to meet the minimum consumer protection regarding Federal Law."

"Thank you."

"Representative Osmond."

"Representative, with your help we did get those issues addressed. And there is no opposition to House Bill 224."

"Thank you."

"Those in favor of the Lady's motion shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Sullivan. Please take the record. On this question, there are 87 voting 'yes', 25 voting 'no'. And the House does concur with Senate Amendment #3 to House Bill 224. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1488, Mr. Rose."

"Gentleman moves that the House concur in Senate Amendment #1 to House Bill 1488. There being no debate. Those in favor of the Gentleman's motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And the House does concur with Senate 09700068.doc 54  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 Amendment #1 to House Bill 1488. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1408, Mr. Bradley. Out of the record. House Bill 1929, Representative McAsey."

"Thank you, Mr. Speaker, Members of the House. I move to concur in Senate Amendment 1 to House Bill 1929. This is the legislation that has to do with the medical co-pay for inmates in Department of Corrections. What the Senate Amendment did was… to clarify the definition of 'indigent' and I would ask for the Body's support in my Motion to Concur."

Speaker Lang: "Lady moves that the House concur in Senate Amendment #1 to House bill 1929, and on that question the Chair recognizes Representative Monique Davis." Davis, M.: "Thank You, Mr. Speaker will the Sponsor yield?"

"Lady yields." Davis, M.: "I didn’t hear, Emily, the change that was made in the Senate."

"Thank you, the change in the Senate, the Senate amended the underlining Bill to clarify the definition of 'indigent'. So this has to do with inmates and the co-pay that they're paying within the Department of Corrections for medical services. So it sets the definition of indigent as anyone who has $20 or less in their inmate trust fund at the time of the services or for 30 days prior to those medical services." Davis, M.: "So if they have $20 or less they only pay three dollars for their medical."

"They… They don’t pay." 09700068.doc 55  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 Davis, M.: "They don’t pay."

"Right there…" Davis, M.: "But if they have 20 or more they pay what?"

"They pay… $5 that’s what the underlining Bill did was to increase that co-pay to $5." Davis, M.: "Okay thank you very much. Thank you, Rep… Representative."

"Thank you."

Speaker Lang: "Lady moves that the House concur in Senate Amendment #1 to House Bill 1929. Those in favor of the Lady's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Cassidy, Jones, please take the record. On this question, there are 112 voting 'yes', 0 voting 'no', and the House does concur with Senate Amendment #1 to House Bill 1929. And this Bill having received the Constitutional Majority, is hereby declared passed. Mr. Lyons in the Chair."

Speaker Lyons: "Mr. Clerk, on page 17 of the Calendar Representative Lang has House Bill 1530. The Gentlemen from Cook, Representative Lang."

"Thank you, Ladies and Gentlemen. Thank you, Mr. Speaker. This is the Mental Health Parity Bill. The Senate took a couple of things out of the Bill but it's still an excellent Bill and I would ask for your support."

"Is there any discussion? Seeing none, the question, 'Shall the House concur in Senate Amendment #3 to House Bill 1530?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. 09700068.doc 56  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Tyron. Mike. Mr. Clerk, take the record. On this Bill, there are 84 Members voting 'yes', 28 Members voting 'no', and the House does concur with Amendment #3 to House Bill 1530. This Bill, having received the Constitutional Majority is hereby declared passed. Mr. Clerk, on the Order of Concurrence on page 18 of the Calendar House Bill 2089, Representative Rosenthal."

"You've heard the Gentlemen's explanation, is there any discussion? Proceeding on the question, 'Shall the House concur in Senate Amendment #2 to House Bill 2089?' This is final action. All those in favor signify by voting 'yes', those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Linda Chapa LaVia. Mr. Clerk, take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. The House does concur with Amendment #… Senate Amendment #2 to House Bill 2089. This Bill, having received the Constitutional Majority is hereby declared passed. Mr. Clerk on Concurrent… on the Order of Concurrence appears House 2095 Representative Norine Hammond. Representative Hammond." 09700068.doc 57  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of concurrence is Senate Bill… Senate Amendment #1 to House Bill 2095 vote 'yes'; those opposed vote 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Linda Chapa LaVia, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 112 Members voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 2095. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the Order of Concurrences, we have House Bill 2249. The Chair recognizes the Lady from Lake, JoAnn Osmond."

"You've heard the Lady's Motion, is there any discussion? Seeing none, the question is, 'Should the House concur in Senate Amendment #2 to House Bill 2249?' 09700068.doc 58  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 This is final action. All of those in favor signify by voting 'yes', those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no. The House does concur with Senate Amendment #2 to House Bill 2249. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 18 of the Calendar appears House Bill 2860, Representative Dan Beiser."

"Thank you, Mr. Speaker, Members of the House. Senate Amendment #1 to 2860 which passed out of the House unanimously, retains the language of the Bill, however, it does take the City of Chicago out, and I'd ask for your 'aye' vote."

Speaker Lyons: "The Chair recognizes the Gentlemen from Crawford, Representative Roger Eddy."

"Sponsor yields."

"The… The underlining Bill?"

"Yes"

"You would have to ask Representatives from the City of Chicago." 09700068.doc 59  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"They… they could proceed through that, once they've done the normal yield to the right-of-way to oncoming traffic, much like a stop sign."

"I would to prefer to have it statewide but the Senate's Amendment did not see it that way and I feel like that this is the better than the status quo."

"Thank you."

"Rosemary Mulligan."

"Sponsor yields."

"If the motorcyclist or bicyclist did not yield the right-of-way…"

"…the motorist…" 09700068.doc 60  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"Again, I don’t know how else to answer other than if they did… if they… if they got hit they obviously did not yield the right-of-way in a situation where there was a green light and oncoming traffic."

"I believe that's covered by the fact that they did not yield the right-of-way, and I… the intent of this law is not to allow someone to circumvent a red light, whether they be on a bicycle or a motorcycle. It's simply to suggest that those two types of vehicles are modes of transportation sometimes, do not have the ability to trip 09700068.doc 61  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 the censor that would allow the light to activate in a normal fashion."

"Representative Jack Franks."

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

"Sponsor yields."

"Representative, I'm reading this Senate Amendment and there's, I think there's two portions that they change. One is, it requires a motorcycle to first yield the right-of- way to oncoming traffic with the green light before proceeding, which I think we would all agree with."

"Yes."

"But then the second one, that's what bothers me. This limits the allowance to everywhere in the State of Illinois except for Chicago. Correct?"

"That’s correct and I believe… I believe it’s a better Bill the way we passed it unanimously out of the House but again, in order to get this situation, I think this Bill is better than the status quo…"

"Well here's…"

"…as amended."

"…here's my concern, it's sort of like the same debate we've had when we move are guns through the state. And Chicago would have a different law. So what you're expecting is for drivers now to have a whole set of laws in the entire State of Illinois that they know work. And then once they get to Chicago they can't drive the same way they drive somewhere else and then you're expecting the motorist to know that the law does not apply in Chicago, which I 09700068.doc 62  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 think is unreasonable. I think when we get this out and people see that the Bill has passed, they're going to figured that the rules of the road are the rules of the road. And I don’t know of any other rules of the road that exempt the City of Chicago. Are there others?"

"I can't answer that. Not to my knowledge but I… I just don’t know that… the answer to that, Jack."

"I just don’t want someone to get a ticket because, you know, they happen to be in Bolingbrook or I don’t know another town in Cook County. You know they're in Cook County, they're in a city in Cook County and they're following this law, and then the exact same thing happens but they go 300 yards and they happen to be in the City of Chicago but instead then they get a ticket. I think we may be better of non-concurring in this because I agree with you, the original Bill was better. Would you consider filing a Non-Concurrence Motion? Because I think that if we pass this Bill we are going to create confusion and were going to unfair to our drivers. Where I believe a Non- Concurrence Motion would be the proper Motion because you're right, the Bill that you passed originally that passed unanimously, is a better Bill."

"Thank you for that comment. However, the… the A.B.A.T.E that brought this to me, I checked with them prior to filing the Motion to Concur and they were in favor of the Motion to Concur."

"Thank you."

"Representative Mike Zalewski."

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09700068.doc 63  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"Sponsor yields."

"Representative, this doesn't… this issue of… of the light not changing, does it only apply to motorcycles? Do only motorcycles have this problem?"

"Motorcycles and bicycles. That’s what the Bill addresses."

"I… I'm mean I may be wrong but I think I've been under situations where I've pulled up to a deserted intersection and the light hasn’t changed as well. So it could apply to vehicles four… four wheels on a vehicle. Correct?"

"Uh… a normal vehicle like a car?"

"An automobile. Correct. Like a car."

"What I've noticed… from people that do not trip the sensors is they've been improperly located their car in that, either they're too far behind the sensor or too far in front of it. But I have not personally seen or experienced one but I'm not suggesting that it has never happened."

"The reason for my question is, I share some of the concerns you've I've heard. That I don’t necessarily know that the approach here is to give unabated access to motorcycle. I certainly recognize the policy problem. I don’t know that the approach here is to give unabated access for motorists to disobey the light. I… I think we… what we should be doing is requiring municipalities to… to fix the lights so that they can work if there is a motorcycle out there." 09700068.doc 64  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"I wouldn’t disagree that if there's something malfunctioning it should be fixed, but again, this Bill is… it is what it is."

"So my question to you is, have you been given any sort of reason why municipalities can't fix the traffic control devices as opposed to giving the motorcyclists or motorists the ability to just run the light? Have you been given any reason why that can't occur?"

"I have not been approached with this when we presented the Bill in committee, on the floor, and it was not brought up in the Senate. But, I would suggest that in the areas where the sensors aren't working, the municipality should address that issue, however if they don’t, I don’t know if it's because of cost or other reasons, but I… anything that’s not working should be fixed."

"Thank you for your answers to my questions."

"Representative Elaine Nekritz."

"Thank you, Mr. Speaker. To the Bill. As a person who rides a bicycle regularly I can attest to the fact that it's incredibly frustrating to sit at a light and have to wait for a vehicle to come by before you can possibly cross over. So I think to the Representative's Bill, this is happening anyway because you can't, I'm not going to be stuck sitting at a light for 15 minutes waiting and waiting and waiting patiently until a vehicle comes by. So the Bill makes perfect sense, and to the former Representative… the prior speaker's point, I… I don’t know whether there's a manufacturer that makes something for the… the where a motorcycle could trip it but I guarantee you there's 09700068.doc 65  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 nothing where a bicycle could trip it cause the bicycle plus the rider is maybe, you know I mean the… the bicycles weigh 15 pounds. They're not going to trip something that's in the roadway in order to be able to get the light to go and I can't… I don’t know what the expense would be to get to make that happen. So, the Bill makes eminent sense. You know, I agree that… that maybe the City of Chicago should not be exempted from it, but we need to make sure that this happens because this is happening anyway and we need… and it makes sense for bicyclists and motorcyclists not to have to get a ticket for… for doing what… what they're going to do anyway, rather than… rather than waiting impatiently for the light to change."

"Representative Beiser, the final word."

"In answer to Representative Zalewski's comment to… as far as sensors that would pick up a lighter weight vehicle or a mode of transportation. You would run the risk then of having something as simple as a… a piece of debris that has fallen off of a car or something like that tripping the sensor and that’s not I don’t think what we or anybody in traffic control would like to do. So, I appreciate all the comments, the questions, but I would ask that everybody please vote 'aye'."

"Representative Beiser moves the House should concur with Senate Amendment #1 to House Bill 2860. This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cole. Representative 09700068.doc 66  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 Saviano. Mr. Clerk, take the record. On this Bill, there are 101 Members voting 'yes', 11 Members voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 2860. This Bill, having received the Constitutional Majority is hereby declared passed."

"Mr. Clerk on page 19 of the Calendar on the Order of Concurrences, Representative Mell has House Bill 3184. The Lady from Cook, Representative Deb Mell."

"Thank you, Mr. Speaker. I ask to concur with Senate Amendment 1 to HB3184. This Bill would move the responsibility for setting the County Clerk fees on marriage and civil union licenses from the Legislator to our local county boards. There is no known opposition. I ask for your support. Thank you."

Speaker Lyons: "The Chair recognizes the Gentlemen from Crawford, Representative Roger Eddy."

"Sponsor yields."

"Just allows for it."

"There's a cap of $75."

"The county board will." 09700068.doc 67  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"It… It varies from county to county."

"There are… there's a certain amount for… it depends on the type of class of county."

"It now makes for a uniform cap."

"The highest cap is $35."

"Correct."

"Were putting it in the hands of local control."

"It's the county clerks, it stays local. There's also a certain amount that goes to a domestic violence fund."

"It goes to the state fund and it's $5."

"It goes to the local county."

"Okay, this is just for more local control. Certain counties have different administrative costs. Seventy-five dollars is the highest they can go and, you know, they're ultimately subject to their… their… you know, they're an elected Body, so…"

"Twenty years ago."

"Correct."

"Thank you, Representative."

"Representative Jill Tracy."

"Sponsor yields."

"In this original Bill before it was gutted and replaced in the Senate, it was regarding education on campaign finance reform."

"Yes, Representative, I'm sorry it’s a little hard to hear you but it is not… it's not unclear."

"Correct."

"Correct. That’s correct."

"That’s correct."

"Thank you, I'm sorry it was hard to hear you." 09700068.doc 70  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"Representative Mayfield."

"I just wanted to let Representative Mell know that I'm standing in support of her Bill and I really like the part here where they're changing the name of the domestic violence fund because domestic violence affects us all regardless of our status. Thank you."

"Representative Mell, final word."

"I just urge an aye vote… and thank you… thank you very much."

"Representative Mell moves that the House shall concur with Senate Amendment #1 to House Bill 3184. This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jakobsson, David Leitch, Karen May. Naomi. Mr. Clerk, take the record. On this Bill, there are 78 Members voting 'yes' and 34 Members voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 3184. This Bill, having received the Constitutional Majority, is hereby declared passed."

"Mr. Clerk on page 14 of the Calendar on the Order of Concurrences, Representative Jones has House Bill 212. Representative Thaddeus Jones."

"Thank you, Mr. Speaker. I rise and ask that we concur with Senate Amendment #1 and #2 on House Bill 212. This is a good Bill that went over to the Senate. The Senate Amendment 1 provides cleanup language and Senate Amendment 2 provides… reinserts language. So I ask for an 'aye' vote on this House Bill 212." 09700068.doc 71  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"You've heard the Gentleman's explanation, is there any discussions? Seeing none, Representative Jones moves that the House shall concur in Senate Amendments #1 and #2 to House Bill 212. This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Kay Hatcher, Skip Saviano. Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendments #1 and 2 to House Bill 212. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 20 of the Calendar, Representative Morrison has House Bill 3384. Representative Morrison."

"You heard the Gentleman's explanation, is there any discussion? The Chair recognizes the Gentleman from Bond, Representative Ron Stephens."

"The Gentleman from McHenry, Representative Jack Franks." 09700068.doc 72  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"Thank you, Mr. Speaker. I tend to remember this bill. I was wondering if the Sponsor might yield?"

"Could you please explain the Amendment to us?"

"Well… I… I thought the Bill was unconstitutional before, correct? Because I've never seen the ability in the House of Representatives to deny the use of legal tender in any business transaction. So at least I think it may pass constitutional muster at this time However, was anything else changed in the Bill or was that the only thing that was changed?"

"Have you read the Senate Amendment #2?"

"Well I don’t know if I need to but you said… you had just mentioned that there was an analysis. I just wanted…"

"Okay. So that was it? Okay. But we're still… tell us it's just been a while since we did this Bill. This is the one where if you bring more than five milk containers that you have to prove ownership of them. Have we ever 09700068.doc 73  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 figured out how were going to prove ownership of these milk containers?

"Okay. So on plastic bulk merchandise containers."

"Isn't it already against the law to steal these containers?"

"I know that. But let… let me ask the question here because you still haven’t answered my question. The question is, how are we going to have proof of the seller's ownership of the containers? Do they come with titles?"

"But we also had the example… I see you have counsel with you and you have very able counsel, I know he's 09700068.doc 74  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 expensive. But we will use for instance, the example of going to a garage sale and someone having, you know, a bunch of these that they want to get rid of, and they pick them up at the garage sale and then they bring them over to the local recycler and there's just no way they're going to have any proof. Because when you go, if you go to a garage sale, typically you don’t get a receipt."

"Really do they charge tax at your garage sales? Because no garage sale I've ever gone to has ever charged tax. I'm not talking a consignment shop. I'm not talking a resale shop. I'm talking a garage sale."

"Have you ever paid tax at a garage sale?"

"But they don’t. I mean have you ever paid tax at a garage sale?"

"We understand the intent I get it…"

"…we all get it but I'm talking about the reality here. What I'm concerned about is the fact that you have such a high threshold to prove ownership. That’s all I'm saying. I don’t know how we can prove ownership of these things. 09700068.doc 75  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 Okay. That’s what I don’t get, and I don’t know how we get past that threshold because there's no way… it's unlike it’s a vehicle or something else that you may have. There is no proof of ownership. I mean, can you give me something here to go with?"

"Franks, have you concluded your discussion?"

"Okay, I appreciate the… the… to the Bill. I appreciate the Sponsor's attempt. I can give him this. The Bill is probably constitutional now because he allows people to actually use United States currency; however the Bill is still stupid because… it's late guys, I couldn’t think of a nice way to say stupid. I didn’t want to say moronic. I didn’t want to say unnecessary. I mean we already have, it's already illegal to do these things, and superfluous, there's no reason for this. It cannot be enforced. I understand it's his first Bill and that's probably why it passed, but now it's time to put this Bill to rest. Let's not recycle this Bill. Let's just kill it. Thank you."

"Representative Ford."

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

"I voted 'present' last time on the Bill and if you could get Tyler to tell me to vote for the Bill, I'll vote for it this time. So if you get him before we give Roll Call, I'll vote for your Bill."

"Representative Mautino." 09700068.doc 76  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"In all seriousness, I did get a call from one of my local recycling companies. When the Bill first came around and they were concerned, what are you going to be requiring them to do now? Originally, they couldn’t pay in cash if someone brought in Pepsi crates or regular plastic crates and then there was also a lot of reporting requirements. What are you having these guys do?"

"Milk crates, soda crates, any… any volume, any amount?"

"So, milk crates or 2 liter soda crates that kind of thing?"

"Okay, so GW Recycling is going to have to do what? Someone comes in and they've got a whole bunch of things to recycle, bottles, plastic, cans, and in there they’ve got a half-a-dozen milk crates."

"That’s all the questions I had. Nothing… nothing here has changed on that? You are now allowing them to pay by cash?"

"I know where their trying to get to. What is your Bill… what's mass quantities though? I mean, when I, you know…"

"Back in college days, I had book shelves made of milk crates you know, and I'm sure everybody might have had those or you might have something in your garage that a whole bunch of tools are laying in if you decide to clear things out. What is…"

"…at what level does someone have to… what level does GW Recycling have to keep track and for how many years, the name of the person who brought in the milk crate?

"Thanks."

"Representative Rose." 09700068.doc 78  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. So, Representative…"

"Sponsor yields." Davis, W.: "Oh, I'm sorry. Thank you very much, Mr. Speaker. So, Representative, what type of situations does this create for someone who's homeless?"

"Representative Jim Watson."

"Gentleman makes a Motion to move the previous question. All in favor say 'aye'; those opposed say 'no'. 09700068.doc 83  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011 In the opinion of the Chair, the 'ayes' have it. Representative Morrison moves to, 'Shall the House concur with Amendment #2 to House Bill 3384?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? McGuire, Mussman, Pihos, Reis, Ford. Mr. Clerk, take the record. On this Bill, there are 56 Members voting 'yes', 54 Members voting 'no'. And the Motion to Concur fails. Mr. Clerk."

"Mr. Clerk, on page 7 of the Calendar under Senate Bills-Second Reading, is Senate Bill 145. Read the Bill, Mr. Clerk."

"Representative Feigenholtz on Floor Amendment #4."

"Thank you, Mr. Speaker. This is an Amendment agreed to between the advocates and the Trial Lawyers. I'd appreciate your adoption." 09700068.doc 84  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"You've heard the Lady's request. Is there any discussion? Seeing none. The question is, 'Should Floor Amendment #4 be adopted. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Anything further, Mr. Clerk? The Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Agreed Resolutions, Mr. Clerk."

"Leader Barbara Flynn Currie moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Mr. Clerk."

"Representative Eddy."

"I've been advised from the Chief of Staff that those will be the only committees tonight, Representative Eddy."

"Correct."

"Representative Eddy, do you have a further question, Sir?"

"They're asking the wrong question then, Mr. Eddy. I would not suggest that."

"Yeah. Mr. Eddy, with the schedule that we got back in January said we're going to be in through the end of May and there's no indication that anything but that will be the…

"…the result of this month. We'll go to the 31st of May.

"Jerry Mitchell, what purpose do you seek recognition, Sir?" 09700068.doc 86  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/29/2011

"Mr. Clerk."

"And Ladies and Gentlemen, everybody's received the green schedule for committee meetings in the morning. So those should be self explanatory. Representative Barbara Flynn Currie now moves that the House stand adjourned till the hour of 10 a.m. on Monday, May 30th. Allowing perfunctory time for the Clerk, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the House stands adjourned till the hour of 10 a.m. on Monday, May 30th. Thank you, Ladies and Gentlemen."