Illinois House Floor Debate — December 15, 2008

"Thank you, Mr. Speaker. The Republicans will caucus immediately in Room 118."

"Mr. Speaker and Ladies and Gentlemen of the House, with apologies to the Body, I had my speak light on before the Majority Leader gave her opening remarks about House Resolution 1650. And while she was speaking, I… I had this sense that I've seen this Resolution somewhere. And in fact, Mr. Speaker, it's very similar to House Resolution 1644, which was filed by Leader Cross and other Republicans a few days ago. And so that… that makes me question… 1644, if I remember third grade math, is lower than House Resolution 1650. So that would mean that we filed our Resolution before Speaker Madigan filed his. If you'll indulge me, Mr. Speaker, pursuant to House Rule 189g), I would move for the discharge of House Resolution 1644 from the House Rules Committee. Under House Rule 52(a)(2), all Motions are assigned standard debate status and I wish to debate my Motion. Upon the conclusion of the debate, I 09500295.doc 4  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 will ask for a recorded vote on the Motion to Discharge House Resolution 1644 from the House Rules Committee. Under Rule 49, I am joined by five (5) of my colleagues on this side of the aisle, asking that there be a recorded vote on the Motion to Discharge."

"How in the world can you object? It's the same Resolution as you just represented."

"…why… why am I not surprised. She's objected to every Resolution I've ever had, including one recognizing motherhood and apple pie. I've made my Motion, I move to… I move under House Rule 54(a)(2), all Motions are assigned standard debate status. I wish to debate my Motion. Upon the conclusion of the debate, I ask for a recorded Motion on the Motion to Discharge."

"Under Rule 49, my vote shall be a recorded vote and I'm joined by five (5) Members… hold up your hands, don't be bashful over here, on my Motion to Discharge."

"Yes, and I hope all the assembled press here will notice that we are… six (6) days after the most embarrassing allegations of misconduct, that even the State of Illinois has ever seen, Ladies and Gentlemen of the 09500295.doc 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 press, I… I direct your attention that to get anything done here out of the Rules Committee, requires unanimous consent, which is never granted. Some things in Illinois never change, although it's time for change. Mr. Speaker, you leave me no choice, under House Rule 57(a), I move to appeal the ruling of the Chair, and that there be a recorded vote to discharge House Resolution 1644 from the House Rules Committee, which Ladies and Gentlemen, is an identical Resolution for all practical purposes. Except the House Republican Resolution calls for a bipartisan investigative committee, of ten (10) Members, five (5) Republicans and five (5) Democrats. That's reform, Ladies and Gentlemen. The same that we did under the Heiple investigative committee. Your Resolution says there shall be twelve (12) Democrats and nine (9) Republicans. The more things change the more they stay the same. I give you an opportunity to enact a bipartisan Resolution of investigation of the Governor's conduct, rather than the old standard. The Democrats will control it, the Democrats will run it, and the Democrats will control it. Ladies and Gentlemen, what we saw six (6) days ago is simply a continuation, a compilation if you will, of one-party rule. That's what's wrong with Illinois, one-party rule. I ask for my vote on my Motion to overrule the Chair."

"Well, Mr. Speaker. To the point of the… of the debate. In… I believe it was 1997, I was a cosponsor of the Heiple Resolution. Not only did it call for a 09500295.doc 6  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 bipartisan committee of five (5) Members each, but it was sponsored bipartisanly. Representative Scully, I believe, was a cosponsor, along with a couple of other Republicans. The Gentleman's Motion is very much in order. Why is it that when the whole world is watching, you can't change your ways at least for one day and let democracy rule. Let us have our Resolution heard. It's a simple request, but you… even under the full light of day, with all the world watching, you have to go back to your old habits. Your old habits, which by the way, are the very habits that brought us here today. I would suggest strongly that if you don't learn from the history of Illinois, only six (6) years ago when George Ryan had a cloud over his head and was seeking reelection, or thinking about it, Republican Leaders went to George Ryan in his first term, and said, Governor, do the right thing. Step aside now. Go and try to clear your name. Where were you, where were you, Speaker Madigan, where were you a year… during Governor Blagojevich's first term when the same investigation was being held? The same cloud over his head. Where were you? You were the Chair of the Party as you are today. Where else were you? You were the Committee Chair to reelect the Governor. Should have done the right thing four (4) years ago, we wouldn't be here today. But now that we are here today, let's at least once in the public eye, do the right thing. The Gentleman's Motion should be heard. We should be heard and not silenced again with all the world watching."

"Thank you very much, Mr. Speaker. I am so pleased that my good friend and colleague, Representative Lang, didn't make any partisan comments. I know he would be the last person to inject any partisan comments into this process. I was moved. I was moved by his remarks, but then it passed. Mr. Speaker, Ladies and Gentlemen of the House, have we no shame here. Who voted to put a sixty billion dollar ($60,000,000,000) budget on the Governor's desk last May? Nobody on this side of the aisle vote for it. Nobody. You did. The Democrat Party of Illinois did, and what did you say when you left? We trust the Governor to make the necessary cuts. Not partisan, just fact. You gave this Governor just a few months ago a budget you knew was out of balance by almost three billion dollars ($3,000,000,0000) and now, and now you say, why, how dare he make these cuts. And yet, your side of the aisle says, 09500295.doc 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 don't make this partisan. I would have thought that we could have gotten beyond the old ways of doing business in which the Majority Party must run every aspect of this chamber. We did it in 1997. It was a good committee, had Constitution-chairs, one Republican, one Democrat. Okay, that's not the way you want to do business. Many of us on this side of the aisle are simply want… simply want to tell you that the way of doing business in this state must change. And it should begin today. It doesn't look like it will, but it should and must change. We want to be equal partners with you in that change. I don't intend to debate this any longer. I depend… don't intend to embarrass any of you. One of the things I happen to agree with my friend and colleague, Mr. Lang, the issue before us is too important to drag out any longer. I withdraw my request for a vote to Overrule the Chair. We will do the best we can to cooperate with you. I do appreciate the fact that Speaker Madigan let Leader Cross on this Resolution as a cosponsor. I just simply would like to say I had high hopes that we would do this in a bipartisan fashion. You have the Majority; you have the votes to do as you wish. All I can tell you is that I intend to cooperate with you and I think all the Members on this side of the aisle intend to cooperate with you to the fullest possible extent as we are perhaps about to embark on a very serious situation that has impacted everybody in the State of Illinois, and I might add, has besmirched each and everyone of us as well. I withdraw my request, Mr. Speaker. You are free to move your Resolution." 09500295.doc 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008

"Question… inquiry of the Chair on a different matter, and I know that this is… obviously, this is important and we'll get to it in a second, but I don't want to let this one go. Inquiry of the Chair as to the original reason we were called here, Mr. Speaker, was to consider the special election Bill or the Bill that would provide for special elections for the U.S. Senate seat. I just don't want to be done with one issue and then adjourn. Can you tell us what the intention of the Chair is with respect to that Bill?"

"Could I ask how much time it will take for you to bring your caucus together on… and I think, Mr. Speaker, I don't want to… I know we're here on the issue of impeachment and that is equally important, but clearly the issue of our current Governor having the ability as we all know, to appoint the next U.S. Senator to replace President-elect Obama, is a concern of all of us in this chamber. I think 09500295.doc 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 all of us on this side of the aisle believe a special election is the best way to begin restoring the faith and integrity of this system, and to do otherwise I think would be a mistake. So I'm curious what the time line is for your caucus?"

"I do, I do, but…"

"I guess my concern, Mr. Speaker, and I know you have a challenge with your caucus, I respect that. But every day… the belief I think we all had on this side of the aisle, in fact, I think the people of the State of Illinois had was, we would be here today, be here tomorrow, have a Bill that goes to the Governor's desk, assuming he signs it, I think we all know that's a big assumption. His ability to appoint would terminate immediately. Every day that goes by, and us having to decide how we build consensus, leaves this man with the ability to appoint the next U.S. Senator. We had a very good solution supported by President-elect Obama, supported by President Jones, supported by Dick Durbin. And now we come here tonight because there is some un… some question about what we want to do, and the only way, the only way we can begin the healing in this state after last week, we would agree on both sides of the aisle, with something that happened that none of us could comprehend. It was so surreal, none of us… I mean, we all spent days going, did this really happen? And we're in the 09500295.doc 13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 system. We're part of the process. And the people in this state have got to be shocked beyond belief, even for the State of Illinois, even for the State of Illinois. And so along comes an idea that we have a special election. Makes some sense. I agree, as Republicans we benefit by special election. I will be the first to tell you all of that. Let's put it all on the table. But for 13 million people in this state who have been shocked, whose level of cynicism is at an all-time low or all-time high, however, you want to look at it. Why do we want to repeat… why do we want to create a scenario where we repeat just what… what just happened. Either with this current guy or the new Governor. This isn't about Pat Quinn as a person. I believe Pat Quinn is an honorable man. I really do, and I think most of us do share that thought, but… but… in order to avoid any appearance of impropriety, we cannot allow the same setup, the same scenario, the same criteria where one person appoints the next U.S. Senator from this state of a vacancy created by President-elect Obama. We can start the healing and start rehabilitating this system by having a special election. And with all due respect to those of you on the other side of the aisle, and I know caucuses are tough, but to say we need to think about it and we need to build consensus, leaves us all hanging in this chamber, but more importantly and even worse, it leaves the people of the State of Illinois hanging and unknown, what is going to happen? Is the current Governor going to appoint? Is the next Governor, whenever that's going to happen, and who knows when, are going to appoint? Don't we… don't we at 09500295.doc 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 least owe everybody in Illinois a little opportunity and a little belief in some hope that we don't approve of this? That we want to make it better. We've taken one good step tonight. Speaker followed through and said let's do it, go down the impeachment road. Not a pleasant task. No one's going to enjoy that. But the other step is special election. Many of you have talked about a special election on the other side of the aisle and want it. This is not the way to go if we're going to move forward as a state. And someone said earlier on your side of the aisle, the impeachment's not about your Party or our Party, it's about all of us, but so is special election about all of us, about all of us. This is what we do. We like what we do, we're good at it. Most of you, I think, on both sides of the aisle are pretty good at what you do. You like what you do. You like talking to people and solving their problems. You want people to have some respect for us and what we do. And tonight by saying, no, we're not going to address the issue of special election. No, we're going to wait awhile. No, we don’t have consensus. No, we're just not there yet, doesn't help any of us. The next time you go up for an election, on either side of the aisle and we haven't taken those steps to repair this, people are going to think twice about what we do, on both sides. Cause we're all lookin' pretty bad right now. We're all lookin' pretty bad. So, you guys control the place and Bill Black said it best, but I would… I would… and this is not a lecture to you, we don't need it now. None of us need to lecture, we need to lead and we need to govern. I'm not 09500295.doc 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 going to tell you what to do, but I would really think twice about where we're all going, both sides of the aisle, on both of these issues and making sure that we think long and hard of the ramifications of not addressing this issue in the proper way. So, Mr. Speaker, I appreciate the indulgence, out of order. I just did not want us to take on the Resolution on the impeachment and then adjourn, which appears to be the case tonight. So, if that's different, Mr. Speaker, and Mr. Speaker, I'd like to know, but it appears as of now you plan on calling this for a vote and I assume it'll pass, and then adjourning for the evening. Is that correct? Okay. I would… well, I've made my point. Thank you, Mr. Speaker."

"Thank you very much, Mr. Speaker. Will the Sponsor of the Resolution yield?"

"Thank you. Majority Leader Currie, you had mentioned in your opening remarks that impeachment, and perhaps I misunderstood you, can only be brought about by serious infractions. What does the Illinois Constitution say about the impeachment authority of the Illinois House?"

"In fact, the language is so vague, as I understand it, that, literally, we can begin an impeachment investigative committee on something as abstract as incompetence. Correct?"

"Okay."

"Well now, let's leave hair out… let's leave hair out of this."

"Your point is well-taken, Representative. Can you illuminate what you just said? What standard will this committee be charged with? Will it be a criminal violation, a malfeasance, what… I mean, what standard are we looking for?"

"Let me ask you a question, and perhaps it's premature, because it's my understanding that the committee will establish and adopt… and adopt its own rules, a procedure, correct?"

"Let me just ask you one procedural question, if I might. The Minority Party will be represented by nine (9) Members."

"It's my understanding that this committee will have subpoena authority."

"If the Minority Members… if those nine (9) Minority Members want to issue a subpoena to… let me not… I don't 09500295.doc 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 want to use names, but a prominent Congressman, who might be tapped to serve in the incoming administration. Will that request be automatically approved by the Majority Party or would we have to seek the approval of somebody on the Majority Party?"

"So it would…"

"It would be… it would be a majority vote, not a veto by the Majority Party."

"If the Minority wants to subpoena…"

"And what would be the determining factor if the committee would not want to exercise that authority?"

"By a majority vote?"

"I see. I… I like that concept of majority vote. If… if tomorrow a Bill could perhaps be advanced from the Democrat-controlled Rules Committee calling for a special election, even though there is some confusion in your caucus, what would be the downside of allowing a majority 09500295.doc 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 vote of the elected Members of the House to determine whether we would have a special election? I mean, I like the concept of majority vote, but does… does it only apply to some things?"

"I thought so. Yes."

"Yes, in other words we don't want to answer that question."

"Yes."

"Well, well…"

"Yes, yes."

"Well, excuse me for asking a question about a simple majority vote process. It's… I realize it's kind of unusual in a Democrat process… democratic process where we might want to inquire as to a majority vote. How foolish of me, I… I apologize, Representative. I should have known better than to bring up majority vote when it appears it's already been decided that what we will vote on is what the majority party intends to let us vote on. The majority be 09500295.doc 21  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 dammed. I have no further questions except this. An inquiry of the Chair."

"Would it be permissible to add all Republican Members as cosponsors of this Resolution?"

"It would be permissible? I would ask that all Republican Members be added as cosponsors. If I'm speaking out of turn for any Member on my side of the aisle, they certainly are free to… by the necessary written request to be removed as a cosponsor. But I appreciate your indulgence. And we didn’t even need a majority vote to do that. Thank you, Mr. Speaker."

"Well, thank you, Mr. Speaker. First of all, given the Gentleman from Cook's remarks earlier, and understanding that the Governor's going astray shall we say, is the Republican Party's fault. On behalf of all Republicans in the State of Illinois I would like to apologize to the citizens of Illinois for the part that we 09500295.doc 22  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 obviously played, because we are being blamed for the Governor going astray. So we sincerely apologize and beg your forgiveness. One other thing I would just like to point out, Mr. Speaker, is that I really don't understand why we are avoiding the special election committee and its formation, and hearings tonight even, and on into the rest of the week. As I understood the Speaker, he said that well… he… behind closed doors earlier this afternoon with his caucus, he couldn't come to a consensus. He had problems with his Members. And surely our Leader would understand they're Democrats and they're hard to mold together. You know what, welcome to Illinois. If it can't get done behind closed doors and the deal already made, then we're not going to open it up to the debate… the real debate that should take place here on the House Floor, not behind closed doors, not with unanimous opinion of the Democrat Leaders of Illinois, but maybe all of the citizens of Illinois should have some input. I've heard from many voters in my district. No issue before this time has caused more phone calls, messages, and visits to my office than two things. Impeach the Governor, okay, we're heading down that road, and secondly, let's have an honest open election to clear the air and clear the opinion of America and indeed the world, about what happens here in Illinois. Not another backroom deal, Mr. Speaker, not another backroom deal. Let's air it out here on the House Floor. Why would Democrats be opposed to that? Why, I wonder. Thank you."

"Thank you, Mr. Speaker. To the Resolution. Ladies and Gentlemen, I'm amazed and… and… that… that the reaction of the people of this Body and not that they are all in agreement that we should move forward with this Resolution. But I can remember on July 7, 2007, whenever I began to notice the problems, as many as you did, I brought up this word, impeachment, on the floor and I got several calls of, 09500295.doc 24  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 I can't believe you said impeachment on the floor. Well, the reality is is that we've been going down this path with this Governor for a long time. Many warnings have been given from our side of the aisle and some from yours, but unfortunately, everyone from your side of the aisle kept pushing and oh yeah, he's… he's the guy. We do have to move forward with this process. I do stand in support of the Resolution. I still stand in support of cleaning up politics in the State of Illinois. I don't know how you all feel about it, but I've been embarrassed over the last week. And I've been embarrassed to a level beyond comprehension because everyone says it's politics as usual in the State of Illinois. Well, it might be in the northern part of the state, but in the southern part of the state we try to keep it clean. Now, I hate to go down that path, but folks, if you want to start cleaning it up, let's not just do this. I, myself, am a Member of the Elections Committee. And to sit here and say we're going to go this way and we're going to improve State Government and we're going to clean State Government up and we're going to do the investigation and we're going to prepare for a possible impeachment process. And yet, in the same breath and in this same House and the same chamber at the same time, we're saying that we're not for the open election process of the U.S. Senate. I don't know how you can sit there on that side of the aisle and ignore the conversations that are going. And I want you to look and I want the media to look, as we're talking about this, everybody's in their own little conversations, they're focused, it's not that 09500295.doc 25  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 important, but it is important. Both issues are important; this Resolution as well as moving forward with an elected Senator, at least for this cycle. Because as the media and many of the Members on your side of the aisle and ours have said, it is a tainted process. How can the public feel that we are actually improving government in the State of Illinois if we just go down the same path. Ladies and Gentlemen, you've shown here how it's the strong-arm politics of those that are in the Majority to push forward with your agenda are only let out that information that you want let out. And I'm afraid as we start down this process, that that might be the case in this committee as well. I hope it's not. I don't… I started to say I look forward to… to working with Members of your side of the aisle to try to cure this problem, but… but I'm actually afraid in a lot of ways. I’m afraid the rest of the embarrassment that's going to come forward in the State of Illinois, and how much some people may be involved with this whole process and with this Governor. Ladies and Gentlemen, it's pretty clear when you add everybody to this Resolution that's going to pass. But I hope that not only does it pass with a positive, unanimous vote, but I also hope that each one of you weighs out seriously things that you've seen, the process, and that you're really wanting change, not just something to get this political monkey off your back. I believe it is time we move forward and I believe it is time that we try to clean up this garbage. And the only way we can do that is working together and I encourage your 'aye' vote." 09500295.doc 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008

"Thank you, Mr. Speaker. Will the Sponsor of the Resolution yield for a question?"

"Leader Currie, I rise in support of this concept. I think everyone in this chamber does. And has been pointed out from people on both sides of the aisle, the world is watching what we do. We've never done this in the State of Illinois and we want to get it right. We want to be fair on both sides. And I know the question's been appo… been proposed to you about our ability to seek comments from witnesses and subpoena records and things like that. I guess on the surface, will you give us your word that we will allowed to bring people in? The world wants the right answers, they want the comments to come out. They want everyone to be open and forthright in this process, and that's why we're so strongly in favor of having a bipartisan committee that has the same number of people on both sides. But will you give us our word? I mean, we want this to be a fair and open process. The people of the state want it. They want their questions answered whether it's looked upon favorably in your Party or not." 09500295.doc 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008

"Well, I… I thank you for those… those commitments and I think that's what's so important to our side of the aisle… seeing as how we are going to vote for Resolution where we are outnumbered. So, the people of Illinois really want to get to the bottom of this. We want to find out for sure that there is cause to go forward with an Impeachment Resolution. And I think the openly… the more open we are about that, the more witnesses we're able to call and get testimony from, the more accurate that recommendation will come. Thank you."

"Thank you, Speaker. I… would the Sponsor yield for a question?"

"Representative, I… I think this is the way we have to go as well. My question has to do with the thought process 09500295.doc 29  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 and the purpose. Why is it necessary to have out of twenty-one (21) Members, twelve (12) from one Party? What… what possibly could be the purpose for that?"

"You know…"

"Well, and… and I noticed in the Bill itself, the description of the rules in accordance with House Rules, et cetera, et cetera. One question I have about the Members who would be appointed to the committee. Are those Members subject to removal from the committee by the same type of committee removal that the House Rules govern regular committee?"

"So, is it accurate to say that every Member serves at the pleasure of the Minority or the Majority Speaker?"

"Okay. And I understand the proportionate and I understand having to have rules, but my… my problem with that is, the fact that this isn't an ordinary deal and I'm not sure business as usual or ordinary… this is how we do things, this is the power structure, this is the way it should be, is really truly in the best interests. Now, I 09500295.doc 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 understand why it's that way and I appreciate that explanation. My concern has to do with the appearance with that on such an issue. This is… how we… how we handle this will to a large extent for the people of the State of Illinois help determine whether or not they have confidence as we move forward. Wouldn't it be better… wouldn't it be much better policy wise to have this even and to allow the kind of transparency an equal representation would have?"

"You really believe that, that this is a better way of doing business, this is better to have one person in charge of this process. Because at the end of this, and… and I respect your opinion, I disagree with it because I don't think it's better to have one person. This is not a monarchy. I mean, it appears as one sometimes, but it's not a monarchy. This is a democracy. This is supposed to be a Body and the rules here are suppose to reflect the will of the people and they think they're involved in a democratic committee. I really think that for public perception and that… that real appearance of impropriety, we would be much, much better off if some…"

"…things were changed."

"Representative, you know better than that. I'm not going to vote 'no' on this…"

"I'm bringing up a point."

"So that's how it is. You can't just simply have a problem with the Resolution and try to bring it out. It's either, you know, sit down and be quiet and vote 'no', but please don't question anything in the Resolution. I'm trying make a simple point. Now, let me ask you this. If nine (9) Members want to have a certain person appear before this committee, and eleven (11) Members… or twelve (12) Members on the other side don't, the fact is, the bottom line is, that person can be protected by the majority of the Members of this committee the way this is structured. Is that true?"

"Could that happen."

"Representative, I appreciate that and I hope that's the case. I think we're missing a great opportunity to actually have that in writing and allow the people to not have to question that, no matter what the committee does. Thank you for your indulgence. I certainly support the concept and nobody's going to vote against this, that's not going to happen, but why in the world we shouldn't be allowed to ask questions or bring up problems with it, that… that speaks to the whole problem in this Body and with government."

"Will the Sponsor yield?"

"Representative Currie, looking through the Resolution, I see that we're going to have some basic generic powers, they're going to be able to issue subpoenas for attendance of individuals or for documents. Let's be perfectly clear, there's not going to be too many volunteers for this committee when we start the hearings. How are we going to compel individuals to appear before this committee? Who's going to serve a subpoena on these individuals?"

"Well…"

"Well, as I… I… I'd like to think we'd use it sparingly, but again, I really doubt we're going to have anybody if we make a phone call, could you please come and testify before this committee? We're going to run into a couple of things. Most of the people who do show up, even if they do it under… voluntarily, they're going to take the Fifth Amendment. Secondly, I would… like I said earlier, I don't expect them to volunteer. So I hope when this committee meets, that you make it part of the rule that there is a contempt of court penalty that's available. You said that there's… in this… in this Resolution, that there's going to be some type of punishment that is going to be made available. What are we going to do, slap them on the wrist? Or how are we going to be able to force them in?"

"Well, are you going to allow that…"

"Are you going to allow that at the committee hearing tomorrow in our rules to allow for some type of contempt proceeding to take place if people do not attend and if we 09500295.doc 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 try to… if we try to compel their attendance through some type of subpoena?"

"I would disagree and I think you need to spell it out. It should have been in this Resolution, but I think whether I'm on the committee or someone else, the question's going to be raised. You got to have something with teeth in it to force these individuals to come in. But let alone… again, you're going to have a lot of people if they come in, are going to take the Fifth Amendment. And secondly, you know, what'll we do if someone does take the Fifth? In a court of law when someone takes the Fifth Amendment, a court's going to make their own decision of whether or not it's a reasonable exercise of their Fifth Amendment powers. If it isn't, courts going to… may hold them in contempt. I think we need to start thinking about those things. I'm asking you to start thinking about them and also your counsel."

"Well, sometimes it's an individual right, if it's a reasonable exercise of their Fifth Amendment. But individuals are held in contempt if it's not reasonable. That's what courts do."

"What are we trying to do then? Is this just going to be just a powder puff exercise? Come on, this is serious. And I hope you put a lot of these suggestions into… you know, take them to heart. Now, if I want to… expect this. There's going to be some requests made for certain individuals who may have been involved in this quid pro quo for the Senate seat. If one… if there is a request for either Senate candidate one, five, or whatever, to come in before this committee, and it's denied… and if that request is denied… and if that request is denied for the subpoena, does a committee Member have the power to appeal that denial to anybody, or is that final?"

"Pardon me?"

"To who?"

"Well, what I'm saying is, if that request is denied, if it's going to be… if it's partisan denial where it's going to be twelve (12), how do you appeal that?"

"Wow. Well, you know, I… I hope that, you know, that's one of many examples of some sit… of some people that I think that would be relevant towards this committee and if this is going to be an open, honest, and transparent proceeding that you allow reasonable requests made for these individuals, particularly ones that were… we believe 09500295.doc 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 the ones that are in that complaint that came out last week. All right. To a bigger issue. You know, we're going to on beyond… after… you know, we have the impeachment proceedings, but you know, there's a issue of a vacant Senate seat. I want the people in the State of Illinois to be at least assured that anybody who's seeking that position, either if we have a special election or by appointment, that they had no involvement at all in this quid pro quo for the Senate seat or were unaware of it. And I hope everybody in here understands it, that that's part of something that we make sure, whether it's Lieutenant Governor Quinn or if we have a special election. I'm going to press the issue and I hope the people of Illinois press the issue as well."

"Thank you. I'm going to have a question for the Lady if she'll yield, but before I do that can I ask a procedural scheduling question? If I understood this correctly, is it the Chair's intention to adjourn tonight?"

"Okay. So, we're going to go home without acting on the whole reason we came here, which is the election Bill. Is that correct?"

"Okay. I want… if I can ask a couple of questions of the… of the Lady…"

"…then I'll come back to that point. Majority Leader Currie, I have a question about the subpoena power. I want to make sure I understand the procedure as it's outlined. The committee would vote on the subpoena… to issue a subpoena and then says that it would have to be signed by the Speaker and then affirmed by the Clerk. Is that perfunctory or does that mean that the Speaker would have to also agree to issue the subpoena?"

"So, the final… So, the committee would not have final authority, the Speaker would have final authority."

"And Representative, you were, I believe, cochair of the Heiple committee, correct?"

"And at that time under Heiple, it was a 5/5 bipartisan committee that you were a cochair of, correct?"

"Why would we depart, Representative Currie, from the precedent set under Heiple in this state? Because I heard your answer earlier which is that that's the demographic 09500295.doc 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 makeup of the House, Democrats to Republicans. But clearly, Representative, you were cochair of the committee under Heiple that was bipartisan. So, what's good for the goose ought to be good for the gander."

"But it departs from the precedent."

"Well, to the Resolution. Obviously, I rise in support of the Resolution. I wish that we'd adhere to the bipartisan structure of… that Heiple did. But let me just say this, Speaker, and obviously, we're going to vote on this. But I am extremely concerned that the House of Representatives is preparing to adjourn because the Majority cannot figure out what to do on the issue of the special election. And apparently, you're going to send us home having come here on the question of a special election without stripping or removing or frankly, doing anything to address the Governor's ability to appoint the successor to the President-elect. Now, we're going to vote for this Resolution. I'm going to assume… well, it's not an assumption, this thing's going to fly out of here. But the bottom line is, Ladies and Gentlemen, the Majority is going to adjourn this chamber without addressing anything to do 09500295.doc 41  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 with the Governor's ability to appoint the U.S. Senate seat. Thank you, Mr. Speaker."

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

"Leader Currie, assuming this passes and we all… we know it's going to pass out of here, when would this committee begin to meet? What would the hours of the committee be? Is it going to meet on weekends, holidays, if you could please inform the Body?"

"So… And that was my other question. Will the… the committee will consume as much time as it needs to do its due diligence, to follow due process, follow the Constitution to make sure that the committee is comfortable 09500295.doc 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 with whatever vote at the end of the day transpires. Is that… If it's to move forward, we move forward; if not, then we choose not to do so. So, the committee will meet as long as it needs to meet."

"That the committee will consume as much time as it needs to do the peoples' business, correct?"

"There's no sunset time."

"Mr. Speaker, to the Resolution. I urge an 'aye' vote, but I would also believe that we've left thirteen million (13,000,000) Illinois residents disenfranchised without a special elections Bill. Thank you."

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

"So, Representative Currie, if we don't take any action today on the special election and we vote 'yes' on House Resolution 1650, this committee will carry on their 09500295.doc 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 proceedings. It could be another week, it could be two (2) weeks, it could be three (3) weeks or a month."

"Okay. So, in that time period, we are not in any way going to curtail the Governor from moving forward and appointing somebody for that U.S. Senate seat. Is that correct?"

"So, what is your plan? Do you think that this will carry on, this committee, into the next General Assembly?"

"I just have one other clarification. Was it that this committee itself can subpoena or just the Speaker of the House can subpoena?"

"Oh, so it would have to be signed for the Speaker of the House. Thank you."

"Thank you, Speaker. Point of personal privilege."

"Actually, I do have an inquiry. Has the Elections Committee been canceled for tonight?"

"Mr. Speaker, on our computer, it says here it's posted 3:30 for subject matter hearing, is the only committee I saw posted on the Calendar today. Are we going to be discussing special elections?"

"I… I understand no Bill was posted to the hearing, but we do have a hearing scheduled with subject matter. And my question is, is the Elections Committee canceled for today?"

"Okay. The committee is canceled, then?"

"Okay. Speaker, I would ask that the Chair read into the record House Bill 6733."

"Yes, it's a new Bill. We would like it read into the record for a First Reading."

"Inquiry of the Chair, Mr. Speaker."

"Is House Bill 6733 now residing in the House Rules Committee?"

"Well, thank you very much, Mr. Speaker. Under House Rule 18(g), I move for the discharge of House Bill 6733 from the House Rules Committee. Under House Rule 54(a) subsection 2, all Motions are assigned Standard Debate status and I wish to debate my Motion."

"Thank you, Mr. Speaker, if I might. Ladies and Gentlemen of the House, House Bill 6733 is a Bill that would allow for a special election to be held to replace the President-elect Obama in the Senate seat that he vacated about one month ago today. That's why we were called here. Now, Ladies and Gentlemen of the House, I was in Charlotte, North Carolina, Saturday preparing to fly to Phoenix, Arizona, to visit my ninety-year-old father. I received a call that we would be taking up a special 09500295.doc 47  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 election Bill on Monday and Tuesday and that my attendance would be desirable in Springfield. I canceled that flight and returned to the Indianapolis Airport and drove home. Now, Ladies and Gentlemen, my father is ninety (90) years old and not in good health. I resent being called back for a purpose that you will not let us address. House Bill 6733 simply calls for an election to replace President- elect Obama in his now vacant Senate seat. That's all it does. That's why we were called here. And you object to that? I again ask you, have you no shame? Many of us canceled plans, left our families, spent considerable amount of time and if you came down this morning, some inherent danger because of the weather. So, we get here and you tell us, no, we are not going to take up the legislation that you were called here to do. We could have a special election piggybacked on the consolidated municipal election. That primary I believe is February 24, the General Election would be April 7 and there is also language in that Bill that would render any appointment made by the Governor as null and void as soon as that election would be certified. Members on your side of the aisle called for a special election. The number two Democrat in the United States Senate, Richard Durbin, called for a special election. Lieutenant Governor Pat Quinn called for a special election and then he changed his mind. Now, he's changed his mind again. I don't understand this. You object to a Bill you most likely have not read, you object to a Bill that you called us to Springfield ten (10) days before Christmas to take up and 09500295.doc 48  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 then you tell us, well, our caucus is in disarray, our caucus is undecided. So, we'll wait a while. And you haven't been able to answer our questions as to what constitutes a while. Mr. Speaker, I am at an age and have a family situation that I find discouraging… no, scratch that… I find it disgusting that I am here today missing some time with my father and then I get here and you won't even follow through on the reason you called us here in the first place. Haven't you learned anything from the last six (6) days? Why do you want to perpetuate the laughing stock that Illinois has become? Are we a representative democracy or not? Will we fill the seat by election or will we wait for you to appoint someone to that Senate seat? Mr. Speaker, in all due respect, under House Rule 57(a) I move to appeal the ruling of the Chair and that there be a recorded vote on the Motion to overrule the Chair on a simple matter of following through with the reason we were called here in the first place."

"Thank you, Mr. Speaker. You know, a lot of us said we can't believe what happened last week. How could the Governor do these things when he knew that he was under investigation? But yet, here we are six (6) days later, doing the exact same thing. The entire world is watching what we do. And now we're saying, we don't care what you say, we're going to go ahead and do what we want, we're going to go ahead and do more of the same. The Democrats have controlled this state and quite frankly, we're in the situation we are today because of your leadership. And now, we just had a Governor hauled off to jail. Over 66 percent of the people say they want to have a say in the next appointed U.S. Senator. Many of your people on your 09500295.doc 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 side, including Senator Durbin has said this, but now, because of what's happened the last six (6) years and the predicament you're in, you're afraid of losing a seat. That's what this all comes down to. You're afraid of losing a seat. You're afraid of letting the people say, we don't like what's been going on the last six (6) years. We definitely don't like what's been going on in the last month and the last week. If you're so proud of your accomplishments, roll the dice. Let's have the elections. We can do this at minimal cost to the people of this state, but let's give them what they want, a chance in this election. I do have a question for the Sponsor…"

"We don't have anybody on that side. I have a question for the Speaker. Can you answer a question?"

"We're hearing that the Senate may call this Bill tomorrow and pass it. Will we have a commitment from this chamber that we will come back and vote on it, if they pass it?"

"No."

"Will you give us your commitment that we can have this passed and sent to the Governor's desk before January 1, which is the deadline to include these two (2) elections, 09500295.doc 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 the Primary and the General, in the upcoming elections for next year?"

"So, that's no commitment."

"Just a final… More of the same. I hope that… just as important as the Bill that we just passed, the Resolution, creating the impeachment committee. I hope the media reports what's going on right now that the Democrat Party in the chamber… in this chamber is stifling the peoples' vote. They're not going to let them vote for who they want to represent them in Washington. I hope that message gets out to my… in the papers. It's shameful. The people are sickened at what happened last week. They want to have a say in this and now, we're taking it away from them."

"Mr. Speaker, I wish you had recognized me before the vote. I had to leave the chamber for a moment. It was my intention that you allow me to close. It's my understanding that you called on someone else, which is certainly your right, the power of the Chair." 09500295.doc 53  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008

"Well, and I appreciate that, but it was really your intention to adjourn and get out of here so you don't have to answer anymore questions. But I just want to again say, on behalf of many Members of this chamber who have given up family time, who came here during an ice storm, who made various decisions based on what you told us we were going to do and then you refuse… refuse to let us do that. So, you take out of here however… whatever you want to take out. You can quote the Majority Leader of the United States Senate Harry Reid, you can find a copy of a letter that supposedly all of the Democrat Senators sent that we can't get a copy. What you have just done… what you have just done in the face of overwhelming and embarrassing evidence is to permit this Governor, who is still the Governor of this state… what you have done today and done in the last 90 seconds, you have allowed this Governor the power to appoint a United States Senator. With all of the chicanery and blot on our record, I don't know who would accept his nomination. But we had an opportunity to limit that power and you refused to do it because your caucus wasn't ready to take a position. I always thought, silly me, I always thought that's what a Majority vote from the House Floor was. And I thank you, Mr. Speaker. I thank you for not letting me not visit with my father. I thank you for putting some of our Members at personal risk to drive here during a ice storm and an even greater personal risk for those of you headed north in what is a snowstorm. 09500295.doc 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 295th Legislative Day 12/15/2008 When will I be proud of this chamber again, Mr. Speaker? What we've done today does nothing to restore my faith in the democrat process. I had high hopes that we would begin to reverse this cancer that has spread across the State of Illinois and it culminates in one cause and one cause only. One-Party rule is wrong. You had a chance to correct I might… You got a chance to correct my perception today and you didn't do it. Shame on you, but I still wish you the very best of the season."