Distributed via Email: December 16, 2008

Impeachment Process Begins

The Illinois House of Representatives Monday established a committee to begin an investigation of the actions of Governor Rod Blagojevich, the first step for impeachment proceedings for the beleaguered Governor. Governor Blagojevich was arrested one week ago on charges of conspiring to implement "pay to play" schemes regarding State contracts and Illinois' open U.S. Senate seat.

House Speaker Michael Madigan announced the plan for the House to "create a Special Investigative Committee to investigate the conduct of Governor Rod R. Blagojevich and make a recommendation as to whether cause exists for impeachment." House Resolution 1650 (Madigan, D-Chicago), which contains the proposal to establish the committee, was approved on a 113-0 vote.

The committee consists of 12 Democrats – chaired by House Majority Leader Barbara Flynn Currie (D-Chicago) – and nine Republicans. The Republican Spokesman for the Committee is Representative Jim Durkin (R-Western Springs). A list of all of the committee members can be found at: http://www.ilga.gov/house/committees/members.asp?CommitteeID=758&GA=95

The committee held its first meeting today (Tuesday) and plans to meet every day except for Christmas Eve, Christmas Day, New Year's Eve, and New Year's Day. Though no firm time line is set for the conclusion of the committee's work, the goal would be to finish before the new 96^th Illinois General Assembly is sworn in on Jan. 14.

If the House of Representatives votes to impeach, a trial would be conducted in the Illinois Senate. The Senate Tuesday passed a resolution to create a "Special Committee on Impeachment Trial Procedures". Senate Resolution 966 (Cullerton, D-Chicago) was approved on a vote of 56-0. That committee will consist of nine members: five appointed by the Senate President and four appointed by the Senate Minority Leader. Senator James Clayborne (D-E.St. Louis) will chair the committee. A list of all of the committee members can be found at: http://www.ilga.gov/senate/committees/members.asp?CommitteeID=759

"BUSINESS AS USUAL" FOR THE GOVERNOR

Despite his arrest last week, every major Illinois politician calling for his resignation, and the beginning of impeachment proceedings, Governor Blagojevich has continued "business as usual" and has gone to his office to work every day. In fact, the governor signed eight bills into law on Monday (see the end of this report for specific bills).

If the governor does not resign on his own, most observers expect the current situation to drag on for months. The impeachment process will not move quickly. Likewise, no one knows the timetable for action on the attorney general's call for the Illinois Supreme Court to rule on her argument to temporarily remove the governor from performing his official duties. In the meantime, the Illinois legislature is virtually paralyzed as no substantive action will take place in the Capitol because lawmakers will not work directly with this governor on any issue.

The House of Representatives did not take action Monday on legislation to hold a special election to fill the vacancy in the U.S. Senate created when Barack Obama was elected President. Because of the lack of trust for the governor to appoint a new U.S. senator from Illinois, there was a call for a special election. However, when Speaker Madigan held a caucus meeting with the other House Democrats, there was enough resistance to the idea of a special election that no legislation was moved forward yesterday regarding the election issue.

The Senate Tuesday took no action on legislation regarding the matter of a special election.

Governor Blagojevich signed into law the following bills yesterday:

SB 1890 (Haine, D-Alton), regarding the Public Construction Bond Act, requires surety bonds on public construction projects costing over $50,000 (now, over $5,000). During the 15 working days after receiving a default notice, it permits the surety to advise the State or political subdivision that it needs more time to investigate and select a course of action. The law also permits the State or political subdivision to continue the work until the completing contractor is prepared to commence performance if (i) the surety needs the additional time to investigate and select a course of action or the surety elects to use a completing contractor that is not prepared to commence performance within 15 working days after receipt of the default notice and (ii) the State or political subdivision determines that it is in the best interest of the State to maintain work progress.

The bill is now Public Act 95-1011, effective December 15, 2008.

For the full text, go to: http://www.ilga.gov/

SB 2688 (Kotowski, D-Park Ridge) requires school districts to conduct a law enforcement drill each year to prepare students and school personnel for evacuations for incidents of shootings, bomb threats, etc. The drill must be conducted according to the school district's current emergency and crisis response plans (already required by law) and allows schools to perform the law enforcement drills on days and times when students are not present in the school building. These latter provisions were added by an Alliance amendment so that no new requirements and criteria would force a school district to change its procedures and so school officials can work with law enforcement to perfect the crisis plan without the ensuing trauma of having young students present during the drill.

The bill is now Public Act 95-1015, effective July 1, 2008.

For the full text, go to: http://www.ilga.gov/

SB 2743 (Noland, D-Elgin) allows school attendance information to flow from school districts to the police unimpeded by the federal Family Educational Rights and Privacy Act. It allows a school district to disclose education records relating to attendance to juvenile authorities if the school board determines the disclosure will enhance the juvenile justice system's ability to serve, prior to adjudication, the student whose records are released. The juvenile authority must certify in writing that the records will not be disclosed to any other entity without the prior written consent of the student's parent or custodian, except as provided under State law.

The bill is now Public Act 95-1016, effective July 1, 2009. For full text, go to: http://www.ilga.gov/

*The legislative report is written and edited by the lobbyists of the Illinois Association of School Boards to provide information to the members of the organizations that comprise the Statewide School Management Alliance.

General Assembly Bill Text/Status

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