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Weekly Review
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August 12, 2008
 
 
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In This Issue
Two Day Special Session Begins Today
Governor's Controversial "Rewrite to Do Right" Plan
Another Week Goes By With No Action on Campaign Finance Reform
Calendar of Events
 
From the Capitol
 
capitol dome
Today:  Special Session on Education Funding
Tomorrow:  Special Session on Capital Program

Governor Announces He May Call Two to Four
Special Sessions a  Week in September

 
The Governor has called two more special sessions this week.  Today's special session began at 3pm, "to consider measures aimed at increasing school funding, improving the school funding structure and eliminating any current inequities."  Different plans may be discussed during the session including, eliminating property taxes for education (similar to Michigan), SB 2288, an income tax increase that will pump more money into education and fund a capital program, while reducing property taxes and providing tax credits for low and middle income workers, or eliminating residency requirements for students.  The Governor has not made any specific recommendations for the General Assembly to consider, but has stated he is opposed to an increase in the income tax.

Wednesday's session is scheduled for 5 pm to consider a "capital infrastructure plan, along with any other measures necessary to provide for the capital infrastructure needs of the State of Illinois."  The Governor has scaled back his proposed capital plan from $34 billion to $25 billion and has said he will not pursue expansion of gaming to pay for the program.  Instead, the Governor said he would fund the program through a partial lease of the Illinois State Lottery, Road Funds and gasoline sales tax revenues. (Currently gasoline sales tax revenues go toward the State's General Fund.  That means any gasoline sales taxes diverted from the GF to a capital program would require more GF budget cuts).

Education funding reform has vexed lawmakers for decades and the state has not passed a capital plan since 1999.  Lawmakers will most likely find it difficult to find solutions to these complex problems in a single day.

The Center for Tax and Budget Accountability testified against leasing the Illinois State Lottery due to concerns over lost revenues for education.  Lottery revenues for schools usually increase each year.  Any proposal that sets up a flat funding mechanism to replace those revenues would mean a funding decrease after accounting for inflation.  Further, sale or lease of a long term revenue generating asset to cover ongoing operational expenses is questionable fiscal policy.  Once the asset is sold or leased and the money spent the state loses all or most of the ongoing revenue, putting pressure on other revenue sources to cover the lost revenue.

The Governor also announced he is considering calling special sessions two to four days a week in September if there is no solution found on capital and education funding this week.

 
Legislators and Top Officials to Receive Raises Unless Senate Acts
Legislators will receive a pay raise if the Senate does not vote down the issue by Wednesday.  The House has already voted down the pay raise.  The raises will automatically go into effect unless the Senate acts.  Comptroller Dan Hynes weighed in on the pay raise issue, announcing that pay raises for lawmakers and top state officials will not be made even if the Senate fails to reject the pay raises.

Hynes cited the lack of an appropriation necessary to enact the raises. Such an appropriation will require an affirmative vote by the General Assembly and the signature of the Governor to enact the raises.

"We cannot implement the pay raises without an appropriation. But more importantly, I am of the opinion that this is no time for pay raises," Hynes said, pointing out the drastic cuts to health care providers and social service programs in the FY09 budget.

It is unknown at this time if legislators and state officials will receive back pay when and if the raises eventually go into affect.

Resources:


Read SB 2288

More info on SB 2288

Information on Michigan's school funding "Proposal A"


Recap of the Governor's vetoes and House overrides

Read CTBA's analysis of FY 2008 revenues - Revenue misses inflation mark by $155 million



 
Check Back Here for CTBA's
FY 2009 Budget Analysis
Coming Soon!
 
Amendatory Vetoes
 
Governor's Actions May Be Ruled Unconstitutional

Last week Governor Blagojevich announced his "Rewrite to Do Right" plan.  The Governor said the plan will focus on 50 or more bills that he plans to amendatory veto in order to "improve" them. 

The Illinois' constitution allows the Governor to amendatory veto, or suggest changes, to any bill.   The bill then goes back to the Legislature who can override the governor by a three-fifths majority vote, accept the governor's changes by a simple majority, or do nothing and the bill dies.  

Thus far the Governor has drastically rewritten two bills.  The first was a piece of legislation that would have allowed college students to stay on their parents' insurance if they reduce course loads for medical reasons.  The Governor, however, rewrote the bill to allow all parents to keep dependents on their coverage plan until they are 26 years old. Parents of veterans could keep dependents covered until the age of 30.  The governor's office says the plan would allow up to 300,000 uninsured residents get coverage.  If the amendatory veto does not pass, the underlying health insurance expansion (to allow students to stay on their parents' insurance if they reduce course loads for medical reasons) will not become law.

According to the Daily Herald, state Rep. Fred Crespo, who helped push the underlying health insurance legislation, said the governor's move is wrong.  "Now the governor, by doing this, risks us not getting anything at all.  Many of us are getting sick and tired of this little game. It is hurting people."  State Rep. Chuck Jefferson, a Rockford Democrat who sponsored the legislation, said he plans to push for an override of the Governor's amendatory veto.

 
The Governor also took aim at legislation on Sunday.  He rewrote a bill to eliminate property taxes for 16,000 disable veterans in Illinois. The exemption would affect veterans who have a service-connected disability of 50 percent or more.  The original bill solely addressed issues with tax increment financing in a downstate district.  While the state should support our veterans, the Governor has not proposed a funding mechanism to replace the lost local property tax revenue.

House Majority Leader Barbara Flynn Currie (D-Chicago) suggested to the Chicago Tribune that the governor is trying to circumvent the legislative process by using his veto powers to add sweeping changes.  "If these amendments are allowed to stand, I would say, 'Who needs a legislature?' "

According to St. Louis Today, some lawmakers think the "Rewrite to Do Right" program is another way of doing away with separation of powers written into the state constitution.

"This is a move from the executive branch into the legislative branch," said Senate Minority Leader Frank Watson, R-Greenville. "There's a real danger here."

The original intention of the amendatory veto power was to help governors clean up wording or technical problems in bills without having to start the legislation all over again. Courts have since ruled that amendatory vetoes can not be used to rewrite bills from top to bottom.

"That is an absolute abuse of the amendatory veto power," said Dawn Clark Netsch, a former state senator and one-time Democratic nominee for governor who was a principal architect of the state's current amendatory-veto statute.

"The idea was that you keep the substance of the legislation but make some improvements," said Netsch, now a law professor at Northwestern University. "It was never intended for the governor to sit back and not participate (in the legislative process) and then say, 'Now I'm going to do it my way.'"


Article IV Section 9 of the Illinois' Constitution states:

The Governor may return a bill together with specific recommendations for change to the house in which it originated. The bill shall be considered in the same manner as a vetoed bill but the specific recommendations may be accepted by a record vote of a majority of the members elected to each house. Such bill shall be presented again to the Governor and if he certifies that such acceptance
conforms to his specific recommendations, the bill shall become law. If he does not so certify, he shall return it as a vetoed bill to the house in which it originated.
(Source: Illinois Constitution.)

 
Campaign Funding Reform
 
ethics
 
Another Week Goes By and Still No Action by Governor on Campaign Finance Reform (HB 824)

HB 824, the bill that would help end "pay to play politics" unanimously passed the General Assembly May 31st and was sent to the Governor over a month ago.  Thus far the Governor has not acted on it.

HB824 prohibits businesses with more than $50,000 in state contracts from making political donations to constitutional officers who award the contracts and candidates for those offices. The ban also applies to a company's owners, top officials and close family members.
 
Currently, Illinois has no campaign contribution limits.

Comptroller Dan Hynes issued a statement last week urging the Governor to sign the ethics reform bill. Hynes criticized him for accepting more than $300,000 in campaign contributions the first half of this year alone from holders of contracts worth at least $50,000.

Hynes cites that under the ethics legislation sitting on his desk, $314,214 in contributions given from January through June 2008 would be barred. The contractors who gave that money hold state contracts in the current fiscal year totaling $270 million.

Hynes takes further issue with Governor Blagojevich's claim that he opposes HB824 and all other reform packages proposed in the past three years because they were not comprehensive enough. "The governor told us in 2005 that he was going to rock the system. So far, all he's done is use the system. If he truly believed in campaign finance reform, he'd have proposed his own package. And even without doing that, he could have voluntarily lived by the constraints of this legislation."

Illinois Comptroller Hynes is one of the original architects of the legislation.

Hynes instituted a similar campaign contribution ban in his own office more than three years ago and at his urging, all of the other constitutional officers, except for the Governor, instituted the ban as well.  

HB 824 sits on the Governor's desk.  Blagojevich can sign it into law, veto the entire bill, or amendatory veto portions of the bill.  In a press conference yesterday, the Governor stated he will "take positive action" on the bill. If the bill is rewritten by the Governor, lawmakers would then need to rally support a second time to enact the legislation.

Hynes told the State Journal Register, it appears that Blagojevich wants to amend the ethics legislation and send it back to lawmakers in hopes that the revised version will die. "I don't think the governor is at all sincere in saying he wants to go further. They've spent the last three years trying to stop reform," Hynes said.

Search the Comptroller's Open Book, a database of state contracts and campaign contributions.

Visit the Illinois Campaign for Political Reform's website

Contact the Governor and tell him to sign the bill into law:

Web Site: www.illinois.gov/gov

207 Statehouse
Springfield, IL 62706
Phone: (217) 782-0244
Fax: (217) 524-4049

Main District Office:
100 W. Randolph St., Ste. 16-100
Chicago, IL 60601-3220
Phone: (312) 814-2121
Fax: (312) 814-6183

Track HB 824 Here



 
Calendar
 
WHAT: League of Women Voters Central Illinois Issues and Activity Workshop
WHEN:Saturday September 6, 2008, 9:15 to 3:00
WHERE: Inn at 835 - 835 South Second Street, Springfield, IL
INFO: Issue and voter education program to focus on constitutional convention, education funding reform and Illinois student vote.

Registration and Breakfast begins at 8:30.  Cost is $35 for program, breakfast and lunch. 

Registration deadline is Monday August 18, 2008.

Register and pay online at www.lwvil.org
 
 
Do you have something to add to the Weekly Review?
email Chrissy Mancini @
cmancini@ctbaonline.org

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