Weekly Review
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August 12,
2008
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From the Capitol
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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!
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Amendatory Vetoes
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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.)
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Campaign Funding Reform
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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
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Calendar
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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
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Do you have something to add to the
Weekly Review?
email Chrissy Mancini @
cmancini@ctbaonline.org
___________________________________________________________________________
Center
for Tax and Budget Accountability
70 East Lake Street, Suite 1700
Chicago, IL 60601
312-332-1041
www.ctbaonline.org
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