* From the Chicago Public Schools…
Here is some information on why Governor Rauner can’t legally issue an amendatory veto of SB1.
· Under the Constitution, Governor’s power to issue amendatory veto is limited to making “specific recommendation for change.”
· The Supreme Court has previously stated that an amendatory veto cannot either change the “fundamental purpose/intent of the legislation” or make “substantial or expansive” changes to it.
· The purpose and intent of SB1 is to establish a new and more equitable statewide school funding formula – a new formula that holds all school districts harmless.
· One important and essential element of this new funding formula is to remedy the long-standing unfairness in having the Chicago Public Schools be the only school district in Illinois that is solely responsible for paying all of its required pension contribution from local property taxes—as opposed to all other school districts, whose pension contributions are funded from general state revenues.
· In the coming year, the State of Illinois is projected to spend an additional $600 million on downstate and suburban teacher pensions, for a total of $4.6 billion.
· SB1 specifically addresses this inequity by including in the new school funding formula annual state funding to pay for Chicago’s required contribution for its teachers’ pensions. Further to this point, the floor debates on SB1 are clear that a fundamental intent of the legislation is to make teacher pension funding more equitable throughout the State.
· By using an amendatory veto to remove funding of Chicago teacher pensions from SB1, the Governor is changing a fundamental purpose of the legislation – and he would be making a substantial change to the legislation.
· As a result, this amendatory veto exceeds the power of the Governor under the State Constitution.
Your own thoughts?
…Adding… I’m not sure if CPS realizes this, but their argument is essentially that an AV would be ruled out of compliance by the Senate or the House. If such a ruling is made, however, the bill would die and the GA would have to start all over again.