Illinois Senate Floor Debate — January 17, 2008

PRESIDING OFFICER: (SENATOR DeLEO) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be give by Pastor John Wentz, South Side Christian Church, here in Springfield, Illinois. Pastor.

PRESIDING OFFICER: (SENATOR DeLEO) Please remain standing for the Pledge of Allegiance. Senator Maloney, to lead in the Pledge, sir.

(Pledge of Allegiance, led by Senator Maloney)

PRESIDING OFFICER: (SENATOR DeLEO) Madam -- Mr. Secretary, Reading and Approval of the Journal, please.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hunter, how are you today?

Fine, Mr. President. How are you? I move that the -- the Journal just read by the Secretary be approved, unless some Senators has additions or corrections to follow {sic}.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Ladies and Gentlemen, we have numerous media outlets seeking leave of the Body to videotape or photograph the 1  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 proceedings. We have WLS-TV in Chicago, Illinois, ABC Channel 7 permission to tape, WICS-TV here in Springfield, Illinois, Illinois Informational {sic} Service request to videotape the proceedings, WBBM-TV Chicago requests permission to videotape the proceedings, and still photos by Charles Osgood, staff photographer for the Chicago Tribune. Seeing no objection, leave is granted. Mr. Secretary, Messages, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Mr. Secretary, has there been any motions filed to override -- or accept the specific recommendations for change with respect to House Bill 656, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Mr. Secretary. Okay, Ladies and Gentlemen, for purposes of an announcement. For purposes of announcement. We’ll ask all members of the Rules Committee to come to the President’s Anteroom. The Rules Committee will meet immediately in the Anteroom. All members of the Rules Committee, please report to the committee room. We will stand at ease for just a moment while Rules Committee meets. (SENATE STANDS AT EASE/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) Mr. Secretary, Committee Reports, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Mr. Secretary. The Daily Herald requests permission to take stills of the proceedings. Seeing no objection, leave is granted. We have another media request. Channel 5 requesting videotape the proceedings. Seeing no objection, leave is granted. Senator Righter, for what purpose you seek recognition, sir? 3  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008

PRESIDING OFFICER: (SENATOR DeLEO) Okay. That request is always in order. The Senate Republicans have asked for a caucus in Leader Watson’s Office. We will return back -- the Senate will stand at ease to call of the Chair. We will return back here at the hour of 2:50. Senate stands in recess to call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR DeLEO) Senate will come to order. Members please be at their desks. All Members within the sound of my voice, please report to the Senate Floor. We will be doing final action. Senate will come to order. Okay, Ladies and Gentlemen, I have been told that Supplemental Calendar No. 1 has been printed and distributed. It’s on the Members’ desks. Supplemental Calendar No. 1. We’ll be going to that Calendar. On Supplemental Calendar is the Orders of Motion to Accept Specific Recommendations of the Governor. Motion in Writing Accept the Specific Recommendations for Change is House Bill 656. Senator Hendon. Senator Hendon. We have a request from the AP to take still photos of the proceedings. Seeing no objection, leave is granted. Senator Righter, for what purpose you seek recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) Please state your announcement, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. The record will so reflect, sir. Senator Sandoval, for what purpose you seek recognition, sir?

Thank you, Mr. President. A point of personal privilege.

PRESIDING OFFICER: (SENATOR DeLEO) Please state your point, sir.

Sitting in the galley {sic} is -- the President’s gallery tonight is my Alderman of the 23rd Ward of the City of Chicago, the committeeman, and been part of my successes and my efforts throughout the years. I’d like to give a warm welcome to the committeeman of the 23rd Ward, Alderman Mike Zalewski.

PRESIDING OFFICER: (SENATOR DeLEO) Alderman, would you please stand up and be recognized? Welcome to the Illinois Senate, sir. Okay, Ladies and Gentlemen, as previously stated, we are on Supplemental Calendar No. 1. House Bill 656. Motions in Writing. Senator Cullerton, on House Bill 656, sir. Do you wish to proceed? He indicates he wishes to proceed. Mr. Secretary, read the gentleman’s motion, please.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Thank you. Senator Cullerton, to explain your motion, sir.

Thank you, Mr. President, Members of the Senate. The motion is to accept the Governor’s amendatory veto. The Governor leaves the amendatory veto -- with the amendatory veto, the Governor leaves the bill intact as passed by both houses and adds a new provision requiring free rides for seniors on certain public transportation systems statewide. It would require the CTA, Pace, Metra and the downstate mass transit districts to provide free rides on fixed routes - this would be within sixty days of the effective date of the Act - fixed routes only to all resident senior citizens age sixty-five or over. And the -- each of the service boards would prescribe their own conditions for participation. So the bulk of the bill remains intact. The Governor’s amendatory veto is certainly within our rules as -- as is required. The veto cannot add brand-new concepts. We have rules that do not allow for that. The House already overrode this -- or, I’m sorry, accepted this amendatory veto with a House vote of 62 to 51. It’s the same bill we just debated last -- a few days ago. So, at this point in time, I’d be happy to answer any questions and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Okay, Ladies and Gentlemen, Senator Cullerton’s moved to 6  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 accept the specific recommendations of the Governor to House Bill 656. Is there any discussion? Is there any discussion? Senator Pankau, are you seeking recognition on this motion, ma’am? To the motion.

PRESIDING OFFICER: (SENATOR DeLEO) We haven’t read the Message from the House yet. We understand it just recently -- just moments ago passed the House. We have not received it yet. So we will get to that. Right now, we’re no Supplemental Calendar No. 1. Further discussion? Further discussion? Senator Schoenberg, you seeking recognition on this motion, sir?

Yes, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) To the motion.

Yes. Question of the sponsor.

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question, sir.

Thank you, Mr. President. Senator Cullerton, there has been some concern expressed that the Governor’s amendatory veto 7  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 may indeed cross that legal threshold, that constitutional threshold, and break new ground, and as a consequence of that, may have the effect, if it were to be successfully challenged in the courts, of blowing up this whole well-crafted, thoughtful and responsible package that you and Representative Hamos have put together. Could you please provide us with your understanding as a -- as the primary sponsor of the bill, as well as a -- as a Chair of the -- Co-chair of the Judiciary Committee, as to how we are insulated from that potential exposure?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Thank you, Senator. We’re one of seven states that has an amendatory veto. This was put into the Constitution in 1970. It allows for the Governor to make changes to bills we pass. There’s been Supreme Court decisions ruling on whether or not the Governor’s amendatory veto has ever exceeded that authority. And, indeed, there’s a case, Klinger versus Howlett, where Governor Ogilvie had done an amendatory veto and the courts ruled that he exceeded his authority. So there is a concern in any amendatory veto as to whether or not the Governor’s exceeded his authority. And we, in fact, have rules in both the House and the Senate, saying that if the amendatory veto does exceed, then it -- it’s out of order. Now, in this particular case in light of the -- the size of the bill, what the bill is -- is covering, it’s -- it’s been the opinion of the Parliamentarian in the House, as well as the Senate, and indeed the Governor has stated that his researchers feel that this is within the scope. 8  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 So not -- not to stop anybody from filing a lawsuit - of course, they can always do that - but in my opinion and the opinion of those that I’ve stated, this amendatory veto does not exceed the Governor’s authority.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Schoenberg.

Thank you, Senator Cullerton. Ladies and Gentlemen of the Senate, to the -- to the motion: I have to say that I’m -- I’m going to rise in support of this motion, though I’m very troubled by the fact that an accompanying bill may not see the light of day. That accompanying bill, which was alluded to by - - earlier by another Member from the other side of the aisle, that accompanying bill would do two things. One, it would provide a standard of consistency in how the State provides relief for senior citizens who fall under a certain income threshold and provide government assistance for those who need it the most. And the other thing that that trailer bill does, is that it provides a higher standard of accountability for how the dollars in House Bill 656, should it become law, would be spent. Specifically, this concept of Senator Garrett’s, who had filed a separate bill independently, would provide that every county and transit district that took in revenues as a result of House Bill 656 would within -- by March 1st of the following calendar year, be required to report to the Legislature’s Commission on Government Forecasting and Accountability, as well as to their respective county boards, on how much money came in and precisely how that money was spent. That -- that additional set of belts and suspenders is totally appropriate, given the 9  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 scope of the issue that we are dealing with today. And, Mr. President, Ladies and Gentlemen of the Senate, I’d just like to make one final point. As I indicated last week when I addressed this issue, my district is served by both the -- by both suburban and city transit agencies. My Senate district is served by the CTA, the RTA, Metra and Pace. And we cannot play a dangerous game of Russian roulette with the lives and livelihoods of millions of people who rely on mass transit to get to work, to go to school and, in the case of disabled individuals and senior citizens, to have a measure of independence and dignity in their lives. For all too long what the legendary columnist Mike Royko used to refer to as the unofficial motto of the City of Chicago, “Ubi est mea?”, which in Latin means “Where’s mine?”, that has driven much of the thinking for other unrelated issues. We can’t afford to let mass transit fail and that’s why I’m urging an Aye vote for the motion. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Sandoval, for what purpose you rise?

Mr. President, on the bill. Thank you, Mr. President. You know, as I was driving back home last week, I thought about what had -- just had happened. And I saw the high-fives and the slapping and the celebration and all the hugs and kisses on this side of the aisle. It was like a celebratory moment for many of us in the Illinois Senate. I thought, well, what is there to celebrate? What really is there to celebrate? You know what? We -- we should be -- it should be a day of mourning in Illinois. Today, democracy is dead in Illinois. It’s over. 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 Done with. We’ve allowed this Governor, Governor Rod Blagojevich, to make -- make pieces of the Illinois Constitution. There is no Illinois Constitution. There is no Legislative process. There is no give-and-take. There is no compromise. There is no consensus. We are here just to rubber- stamp -- rubber-stamp the edicts of the second floor of the State Capitol. You know, we -- we -- we criticize guys like Fidel Castro and Hugo Chávez, who run their countries like dictators, that dictate. Well, this isn’t any different. Today, we might as well just -- we might as well just lock the doors up, forget about the Legislative process and let Governor Blagojevich write all our bills the way he wants them to see fit. Why should we spend the taxpayers’ money passing legislation, debating, discussion, committee work, so that Governor Rod Blagojevich can have his way and rewrite legislation that has passed both of these Chambers? I thought that The Greatest Show on Earth was Ringling Brothers Barnum and Bailey Circus, the three-ring circus. Well, you know what? This is tops. We’ve got the Illinois House of Representatives in one ring; we got the Illinois Senate’s the other ring; then we’ve got the second floor, the Governor’s Office. You know what? It’s a three-ring circus. And you know what? It used to be that the great Houdini used to be one of the greatest acts known to mankind. Houdini would wrap himself in chains, drop in the water in the water torture, find his way out after much suspense. Well, you know what? I’m going to -- there’s a better act than that. There’s the great Rodini. Rodini is a better escape artist than anyone that I’ve ever seen in my life. This guy has been able not only to propose -- not only to 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 increase every fee that man has seen in Illinois - truck fee, license fee, gas tax diversion. You name it - gross receipts tax. There isn’t a tax that this man doesn’t like. Today, we are going to celebrate an increase to the sales tax. And we’re also going to celebrate an increase to the real estate transfer tax. You know what -- who’s going to pay for that? Seniors. Seniors are going to pay for that. There is no free ride for seniors. I know that. You know that. Mom and dad - Abel and Angeles, seventy-four, seventy-two - they’ve told me time and time, “Marty, there is no free ride.” You know what? When they get a chance to sell their home and go to Mexico and retire the last few years of their life, it’s going to cost them beaucoup money, beaucoup money. You know what? Because of Rod Blagojevich. And when we go to the store later on today, when we -- when we buy our goods and services, you know who’s going to pay for that? Seniors are going to pay for that. Well, you know what? Why don’t we allow Governor Blagojevich to give free rides to -- to students, to people with disabilities? Why don’t -- you know, sooner or later, we’ll be giving free rides to Barack Obama, Oprah - who knows what else. Let -- let’s just give free rides to everybody. You know, folks, it’s a sad day in Illinois. And you know what? I want to -- I want to congratulate the media, because the media, they’ve been so enamored with the sweetener of giving free rides to seniors and they’ve forgotten about the tax hike, the taxes. We are going to pay more taxes at the store, when we sell our home, than we ever have in the State of Illinois. Taxes, tax. I mean, this is one of the worst and saddest days in Illinois. And you know what? I know that the -- there isn’t many profiles in courage 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 in this Chamber, but you know what? I am not going to be one of the ones that after we vote and get out of here and head back home to start campaigning and do whatever we got to do - I’ll be going to Nevada - but I am not going to be high-fiving anybody. I’m not going to be hugging anybody. I’m not going to be shaking anyone’s hand about, well, what a great job we did. You know, the worst thing that we’ve done today is worsen the lives of the people of Illinois by increasing their taxes. And I want to give thanks and congratulate the great Rodini, ‘cause he’s done a wonderful job at smoke screens and acts in -- in confusing the real people, especially those that live on the southwest side in Cicero. What about making appear those cuts that he made in the budget? What about CeaseFire? What about those projects in Cicero and Berwyn and on the southwest side of Chicago? What about all those quality-of-life issues? My dear fellow Illinoisans, it’s a sad day in Illinois. Democracy is dead and we owe it to the great Rodini on the second floor.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Crotty, you seeking recognition, ma’am?

I move to the previous question.

PRESIDING OFFICER: (SENATOR DeLEO) Oh, you’re a little late, Senator. We’re -- we have one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen seeking recognition. So there’ll be -- board will now be closed. Thank you, Senator Crotty. Senator Delgado.

13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 Thank you, Mr. President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR DeLEO) Sponsor indicates he’ll yield for a question.

Thank you. My colleague to my right here is a hard act to follow.

PRESIDING OFFICER: (SENATOR DeLEO) …sponsor. Senator Hendon, Senator Cullerton, for a question? Senator Hendon and Senator Cullerton, for a question? Okay. Senator Delgado.

Thank you, Mr. President, Members of the Senate. Senator Cullerton, I want to -- bring this all back to why we’re here, as to the equipment and -- and many of our good friends and brothers and sisters from Amalgamated Transit Union, ATU 241 and 308. With any modifications to the amendatory veto, all of the items negotiated with ATU, those remain intact? Has anything changed in that aspect?

PRESIDING OFFICER: (SENATOR DeLEO) Senator Cullerton.

Yes, Senator. The -- the CTA pension and retiree reforms remain intact. They’re still in the bill and they’re still a very important part of the piece of legislation.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Delgado.

Thank you, Mr. President. To the bill: I -- I just want to briefly just point out that -- bringing it all back home as 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 to why we’re here. We’re talking about equipment that I, once upon a time, enjoyed getting on board and being able to drive down many of the streets in Chicago myself. But now we also continue to see many of those buses, including the articulated Big Bends on the street. What we got to make sure is that we’re going to be willing to take anyone down the road, be it mama, papa, your grandson, your grandchild. Heck, if we can get our pets on board, we’d take ‘em, too. The idea is that they should be going down that road with safe equipment, with families who can enjoy and make sure that they’re going to be safe, to make sure that that worker can get home in one piece and that that worker is making sure that his and her benefits are going to be attained too. I want to commend the sponsor. I want to commend what we’ve been able to achieve here today. And anything that we have to do going down the road, as to where do we stop, as to making sure that folks can ride safely on our public transportation, I think that’s a discussion and debate that this General Assembly could have for another day. And I -- I stand in strong support of moving the amendatory veto on -- on House Bill 656. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Murphy, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) You could -- you could file a motion and we’ll get to that.

PRESIDING OFFICER: (SENATOR DeLEO) …you, Senator. Ladies and Gentlemen, we have numerous 16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 medias seeking leave to videotape the proceedings. FOX-TV, in Chicago; WFLD; CLTV, in Chicago; WCIA, here in Springfield; and Univision Channel 66, in Chicago, are seeking leave to videotape the proceedings. Hear of no objection, leave is granted. Senator Syverson, you -- seeking…

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. The lady from Lake County, Senator Susan Garrett, are you seeking recognition, ma’am?

Thank -- thank you, Mr. President. To the motion.

PRESIDING OFFICER: (SENATOR DeLEO) To the motion, Madam. 18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008

Like twenty-nine -- twenty-nine other Senators last week, I did vote to support this very important transportation initiative. And I voted believing that it would pass, the Governor would sign it, only to find out, like the rest of us, that that wasn’t the case. But I’m really troubled and I’m standing up here -- I really don’t ever speak too often, but I am troubled by the process and how it has evolved. Last night, my Representative from Des Plaines and I had a town hall meeting. We had over three hundred people at that meeting, most of which were seniors. One of the reasons why so many of these constituents came to our meeting was because they were concerned about the Governor’s amendatory veto. When I asked them how many -- by a show of hands, how many people in the room would support giving seniors a free ride, one senior raised their hand. When I asked them if we had a follow-up bill where there would be restrictions on the income of seniors who were allowed to have a free ride, also noting that currently seniors, any senior of any income level, can receive a pass for a half-price ticket, ninety percent of those constituents raised their hand. These were not seniors who are extremely wealthy. These are middle class, salt of the earth, could even say blue collar, people who work every day and felt that it was just not fair. The other problem we have with this particular bill is that while we are giving free rides to seniors, we have ignored the disabled community. And it’s hard for me to go and support an amendatory veto that allows for seniors, who could make a million dollars a year, to receive a free ride on a train and then turn our backs on the disabled community. That is 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 unacceptable. But we have a solution. We have a trailer bill that passed the House with 85 votes. In that trailer bill - I will take some of the responsibility for writing the reforms that will apply to the counties to make sure that the counties are spending the additional quarter-percent tax increase in a way that makes sense, in a way that applies to the transportation needs of each county - but it also deals with the disabled and it puts a cap on the free rides for seniors. So, I’m still waiting to find out if we are going to call that trailer bill. But I think we ought to have that discussion. We ought to know what the status is of that trailer bill before we sign off on the Governor’s amendatory veto. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Jacobs, are you seeking recognition, sir?

Thank you, Mr. President. I would just like to say that I agree with my colleague, that the Governor has overstepped his authority. That’s nothing new in Illinois. We’re getting sort of used to that. But in this case, actually, I think the Governor’s right. Seniors have earned their way. They deserve a free ride if we can give it to ‘em. I’m going to support this bill. I think that I’d like to add single mothers. I’d like to add disabilities. I’d like to add those things. In the Legislature, we can come back to that every year and hopefully we can do that. I know we tried to link it to a capital bill and we were unsuccessful in doing that, but I have the -- the pledge of my Leader, President Emil Jones, that we will move on a capital bill. And I would point out that, in the Senate, 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 we’ve already moved on a capital bill. And so I take that. I’m -- also want to give -- shout and say that I’m really pleased that there’s going to be a hundred million new dollars for downstate projects. It is so important to my region that’ll see 1.8 million dollars, ‘cause I have people that want bus service and can’t get it. It’s very important that they get it. The part I like about it especially is that it’s a sales tax, but it’s a sales tax that my people are not going to pay. So, to my friends in the Chicago area, I want to say thank you. But in closing, I would just like to say that -- you’ll get my vote. And -- and on -- the final thing, I want to say is, now I want to stand back and watch what the Governor does. The Governor has spent eight years now campaigning that he wouldn’t sign a sales tax. He wouldn’t sign an income tax. The Governor is going to sign one, hopefully today or tomorrow. Now, what he’ll try to tell us is that he’s not signing a sales tax, what he’s doing is signing an amendatory veto. That’s a bunch of malarkey, folks. Keep your eye on the ball in Illinois.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you. Senator Righter, are you seeking recognition, sir?

PRESIDING OFFICER: (SENATOR DeLEO) State your inquiry, sir.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter, as you can see from the board, Senator Hendon and Senator Cullerton are both -- Senator Hendon filed the motion. The cosponsor, Senator Cullerton, explained the motion, sir. Senator Cullerton, Senator Righter, is also the cosponsor of the motion. Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) As -- as cosponsors of the legislation, Senator Hendon and Senator Cullerton, as cosponsor’s of the motion, they don’t -- there -- he doesn’t need permission. They’re both cosponsors, chief cosponsors, Senator. Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Hendon, are you seeking recognition, sir? Senator Hendon.

22  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 Yes, Mr. President. I have not been shy about admitting the fact that Senator Cullerton did the yeoman’s work on this legislation. I made that very clear from the very beginning. So, leave to allow Senator Cullerton to explain the motion.

PRESIDING OFFICER: (SENATOR DeLEO) Senator Righter.

PRESIDING OFFICER: (SENATOR DeLEO) To the -- to the -- to the…

PRESIDING OFFICER: (SENATOR DeLEO) To the motion.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator. Senator Link, are you seeking recognition, sir?

Thank you, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR DeLEO) …the bill, sir.

First of all, I want to compliment the sponsors for not only a year, probably two years or better of working on this bill. I don’t agree with everything that was in the original bill and I surely don’t agree with what the Governor did. I think there could have been a lot of better things done with the bill, but there was a lot of positive things that were done with this bill. And I represent one of the counties that will be paying a higher percentage in taxes and sales tax. But we’re going to get a better percentage in RTA than we did before. We’re going to be getting capital for our roads that are much needed than we did before. So I’m happy with that. I’m disappointed with what the Governor did because I think we need to do for those who need it and not for those who don’t need it. I am the sponsor of the trailer bill. I don’t know if it’s come over from the House yet. And I encourage that if we don’t vote on it today, which I would like to, that we vote on it as soon as possible when we get back, because it’s needed to do a trailer bill, because we must solve some of these other problems. But I want to talk about something that hasn’t been talked about at all, probably not in the media, probably not in 25  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 any of this discussion, and that’s a ten-percent raise by Metra. The ink was not even dry on this bill when we passed it the other day. I didn’t even make it home from Springfield to Waukegan, and I fly back and forth. And I got home and I found out there was a ten-percent increase for Metra. And it had nothing to do with the seniors. Metra came to all of these meetings that we had, that Representative Hamos had, that the sponsors in the Senate had, and I was in a lot of those meetings. They also privately came into my office and made statements that they were moving so far ahead into the good and that we, in the General Assembly, were holding them back by not passing this bill. But never once, not once, did they say if we pass this bill, we’re still going to raise it ten percent. All they said was if we don’t pass the bill, we’re going to raise it ten percent this year, ten percent the next year and ten percent the following year. But they knew if they had said before the vote that they were going to raise it ten percent, the vote may have come out in a different way. And they didn’t want to risk that. Well, let me tell you something - and it’s a lesson I learned from all the years that I’ve been down here - what this General Assembly giveth, this General Assembly can taketh back. And I would -- really encourage the Metra Board, because in this new bill, when it goes into effect, the RTA will have more authority over that, that they will have to go to the RTA before they would be able to do that. So they thought they could sneak it under the radar and do this beforehand. Well, I would encourage them, now that the radar is wide open, that they should reconsider that ten-percent raise, because it may cost them a lot more in the future than it’s costing them today, and 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 then we could get on with what truly this bill was intended for and we could help those and get the finest transportation system in northeast Illinois that we could have, and that we could answer the question of getting a great Metra system, a great Pace system, a great CTA system, and we could all be happy with the systems that we have in northeast Illinois. Thank you.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Link. Seeking recognition, Senator Dillard.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Dillard. Senator Cullerton, comments on the motion, sir.

Yes. Thank you, Mr. President, Members of the Senate. I would have preferred that the Governor would have done this a different way, and I’ve told the Governor’s staff this. I -- I hope -- I wish that he had had a little more confidence in us and in the system. We’ve been working on this bill for, in my case, about a year, and the House even longer. And his suggestion about seniors, I think, is a good one, but as we can tell from his effort to try to amendatorily veto it in only a few days, it has some problems, as -- as has been noted. The House has -- only had one day to have a hearing to consider an alternative, which they have passed with, I think, 86 votes, recognizing the need for us to have a means test, perhaps even an expansion of this reduced fare or free rides to disabled people, which is not included in the amendatory veto. So, I am disappointed and I wish the Governor had done that by just telling us what he wanted. He is the Governor. He could always threaten to veto the ultimate bill if we didn’t do what he wanted. So, he had the leverage. He probably should have done that. So that part was a mistake, but here we are. And we are within a few days of what’s been described as a doomsday, which would be massive cuts of bus routes in Chicago, tremendous increases in fares for people who are poor. And so we have to pass the bill. And in listening to the debate, I have to clarify a few things, maybe misunderstandings, about the underlying bill. First of all, just so you know, right now and 29  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 since 1981, the State’s been providing a twenty-five-percent match to the money that’s been collected by the sales tax in the RTA region. And downstate has been receiving a -- this last year, a hundred million dollars for its downstate mass transit - hundred million dollars out of the General Revenue Fund, downstate mass transit. The twenty-five-percent match for the RTA is a hundred and ninety million. So, quite frankly, the downstate mass transit getting the disproportionate amount, as is necessary because of the way the system runs. Under this bill, just so you know, primarily because of the good work of the downstate Democrats in the House, they were able to negotiate a thirty-seven million new dollars -- thirty-seven million new dollars for downstate mass transit and zero out of the State budget for the RTA. There’s a delay in this twenty- five-percent match for a year and a half for the RTA. So, there is a little bit of a hit on the General Revenue funds, about thirty-seven million dollars, and all of it’s going to downstate. That’s important. The second thing that was raised the other day and I only had a little bit of time to respond, but I think it’s worth noting, the incredible landmark provisions in this bill dealing with the pension system. Currently, if we don’t pass this bill, the CTA and their unions collective bargain. There’s no State statute governing them - no State statute at all. They have negotiated benefits. Those benefits have been very generous and the CTA has not been able to fund them. And that’s why we have the crisis. Under this bill, first of all, we’re bringing it into the statute. Number two, just like the private sector, we are separating the retiree health care from the pension fund. Nobody else has done that. 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 That’s being done in this -- in this bill, just like the private sector. And, any future pension benefits have to be paid for. That’s why this is such remarkable legislation. That’s why -- that’s why everybody should vote for this bill, because it was crafted with reforms like that, with money going to downstate without a tax increase, with suburban benefits galore, where there’s a shift in -- in governance to the suburbs, where the new money is going fifty-two percent outside Chicago. So that’s why everybody should be voting for the bill. That’s why it’s a good bill. And let me just say in closing, I feel like the starting pitcher in this effort to pass this and we’re right here at the ninth inning, and just like any starting pitcher, I’d like to finish the game, a complete game. And I’d like to close, like some of my colleagues know how to close, where they yell and scream. My favorite is my Minority Leader, who can, every once in a while, take those papers and throw ‘em up in the air. And I was really looking forward to -- to that today, but the manager, Senator Jones, Emil Jones, is taking me out of the game at the last minute and he’s putting a closer in, some high- priced, loud closer to finish the game. So, I can’t say that I’m -- I’m done. I have to defer to my closer, but I do ask you to vote Aye.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Cullerton. Before we get to that extraordinary closer, President Jones, for -- is the last person seeking recognition on the motion, and then Senator Hendon, to close. President Jones.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Mr. President. Senator Hendon, to close, sir.

Thank -- thank you, Mr. President. You know, actually, I didn’t know that President Jones qualified -- would qualify under this bill. I thought he was fifty-five, fifty-six maybe, but certainly not a senior. So I understand you might have a slight conflict, but I hope you vote your conscience for all the seniors of the State despite the fact that you will also qualify. Let me thank Senator Cullerton, first of all. And since it’s not baseball right now and there’s football still being played, even though our beloved Bears are not going to the Super Bowl, I’ll put it in a football context. You, my friend, Senator Cullerton, are the Devin Hester of the State Senate. You ran the punt back ninety-five yards. Did a great job. You’re -- they should give you a raise. I’m the -- Emil’s the Fridge. Cullerton said that, not me. Cullerton said, “Emil’s 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 the Fridge.” I’ll be Rex and throw the ball into -- across the goal line so we can win. I also want to -- ‘cause you did a great job, a wonderful job all this time. And so did the House sponsor, who I want to thank, Representative Julie Hamos, who is here with us right now. Did a wonderful job. We had discussions about it with -- with Matt Murphy on -- on Channel 11. We all knew that we could work together. Even though my friend, Matt, might not vote with us tonight, he certainly understands the issue. Lastly, I want to thank people on both sides of the aisle, especially Senator Cronin, Millner and Dillard - brave Republicans, who got -- forgot all about partisanship and is doing what’s right for the people of this State. To my friend, Senator Righter, you mentioned the hundred million dollars that are coming out of GRF, but fifty million of that is going into your communities. And even though I was not necessarily the author of seniors riding free - the Governor came up with it, that -- that’s true - but for seniors to ride free all over the State of Illinois, what’s so bad about that? Even in your districts, those who voted No last time, now the Governor put something where seniors can ride free statewide. I’d also like to say to those -- some of you have committed to supporting this only if there is a trailer bill. You heard President Jones, the Leader of the Senate here, a man of his word, say the trailer bill will be forthcoming. It will be forthcoming and I am committing to you that I will push forcefully, along with Senator Link, to make sure 1409 is passed, because we also want to help the disabled and we also understand, in my opinion, that those of you who feel that the seniors in your area are so wealthy that they don’t want it, we 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 will work with you and see that they don’t get it. But I’m for all seniors getting it. And if a wealthy senior feels like they don’t want it because they don’t have -- because they have so much money so they -- they want to pay, we’re not prohibiting any of them from paying. They can get on there, if they want to feel like -- if it makes ‘em feel older than they are, they can pay. We’re not restricting them from paying. We’re giving ‘em a benefit if they want to take it. I finally am starting to keep my AARP mail that comes ever since I turned forty-nine. I’m looking at it seriously now. Discount, hey, why not? Insurance, ride free, I’m -- I’m not tearing up anything else, Senator Harmon, that AARP sends me anymore. Maybe I’ve gotten wise in my older age, just like President Jones. I also want to thank Senator Sandoval, Schoenberg, especially Senator Haine, my friend from downstate. My friend from downstate. I -- I just love Senator Haine today. And I won’t give you any further trouble for the rest of the Session - my commitment. Senator Crotty, I appreciate you. We’ve mentioned the trailer bill. It is going to come forward. We will work with all of you on your ideas on that bill. I’d appreciate an Aye vote. You all know what’s at stake. Lastly, I want to thank Senator Clayborne for keeping us alive last week so that we can end up here today and finally do something for the citizens of this State and bail out CTA for the riders. I appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR DeLEO) Thank you, Senator Hendon. Ladies and Gentlemen, the question is, shall the Senate accept the specific recommendations of the Governor as to House Bill 656 in the manner and form just stated by Senator Hendon. All those in 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 121st Legislative Day 1/17/2008 favor will vote Aye. All those opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 32 Ayes, 19 Nays, 0 voting Present. The specific recommendation of the Governor as to Senate Bill -- House Bill 656, having received the constitutional majority vote of the Senators elected, is declared accepted. Ladies and Gentlemen, there being no further business to come before the Senate, the regular Session of the Senate stands adjourned until Wednesday, January 23, the year 2008, in perfunctory Session and each Wednesday thereafter in perfunctory Session, until such time as the Senate assembles into regular or Veto or other Session pursuant to the schedule established and published by the Senate President. The regular Session of the Senate stands adjourned. 37