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Checkmate on Madigan? Maybe not. *** Numerous updates ***

Tuesday, Aug 14, 2007 - Posted by Rich Miller

I’ve been away. Silly me. Big news today…

Gov. Rod Blagojevich today said he would use his amendatory veto powers on a long-delayed state budget, diverting $500 million from programs including pork barrel projects for lawmakers and spending it instead on expanded health care coverage.

But the biggest news, of course, is this…

“We do not plan to move to override the cuts on spending that would put the governor into a position where he could not do anything for health care,” [Senate President Emil Jones] said. “That’s our position. That’s what we’re going to do. Case closed.” […]

The governor’s action on the $59 billion, full-year spending plan will send the legislation back to the House, where Blagojevich has been caught in a monthslong feud with Speaker Michael Madigan. But Jones’ announcement appears to foreclose the chance that lawmakers can reverse the governor’s changes to the budget.

Now, we see why the guv signed that pay raise.

…Adding… From the state Constitution… Highlights are mine…

(c) The house to which a bill is returned shall immediately enter the Governor’s objections upon its journal. If within 15 calendar days after such entry that house by a record vote of three-fifths of the members elected passes the bill, it shall be delivered immediately to the second house. If within 15 calendar days after such delivery the second house by a record vote of three-fifths of the members elected passes the bill, it shall become law.

(d) The Governor may reduce or veto any item of appropriations in a bill presented to him. Portions of a bill not reduced or vetoed shall become law. An item vetoed shall be returned to the house in which it originated and may become law in the same manner as a vetoed bill. An item reduced in amount shall be returned to the house in which it originated and may be restored to its original amount in the same manner as a vetoed bill except that the required record vote shall be a majority of the members elected to each house. If a reduced item is not so restored, it shall become law in the reduced amount.

(e) 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.

In other words, I don’t think he can do what he says he’s gonna do. Also, word’s going around about a constitutional crisis and a lawsuit.

By the way, the veto is not yet a done deal. We won’t have the actual veto message language until later this week, according to the guv’s office.

This looks like it may be a way to get everybody back to the bargaining table.

Stay tuned.

…Adding more… From a friend and Constitutional expert…

An amendatory veto only applies to substantive lanquage, not appropriations. Even if they did apply to line items, amendatory vetoes have to be approved by the legislature in order to take effect. Line items vetos eliminate spending authority. If the Gov line item vetoes $500 million he reduces his spending authority, he does not transfer it. He can move appropriated money around - remember stem cell research - but he can not create new spending authority. So he can not move $500 million directly from pork to healthcare.

[Emphasis added.]

…And more… This time, from the Governor’s press release (which was better for our purposes than the SJ-R story originally linked here)…

Using his executive authority, Governor Blagojevich will bolster state healthcare programs and give 500,000 more Illinoisans access to affordable health coverage and services, including;

* Every uninsured woman in Illinois will be eligible to get screened and treated for breast and cervical cancer, greatly improving cancer outcomes and saving lives.

* Poor adults who are not eligible for Medicaid will have the chance to see a doctor regularly and get the prescription medications they need.

* By changing eligibility limits for the FamilyCare program, more working and middle-class uninsured parents will receive access to health coverage at affordable rates.

* Working with the Comprehensive Health Insurance Program (CHIP), the State will make sure children in the All Kids program who have pre-existing conditions will continue to have access to affordable health insurance up to age 21.

* Families struggling with the high cost of health insurance premiums will be able to apply for yearly subsidies worth 20% of their annual premiums, up to $1,000.

…And a bit more… From a friend in the know…

Basically, Rod’s saying… If you want your pork, you better get back to the bargaining table or I’ll take it out.

…And here’s some more… Krol offers up an explanation of how the guv can do this…

Here’s how he gets around the fact that he cannot by law spend the $500 million in special projects he plans to veto:

Blagojevich spends the Medicare money lawmakers have authorized and then lets the bills pile up. The governor either comes back and asks for more money when the Medicaid spending power runs out before the end of the fiscal year, or the bills get paid out of the next year’s budget.

The governor can do this because most of his health care expansions were passed into law without a lot of details. The specifics were hashed out at an obscure rules-making body later. That same body will consider Blagojevich’s new health-care expansions.

“That same body”… JCAR… is comprised of legislators who just had their pork taken away from them. No way would JCAR approve any new expansions. But the idea of just spending money without authority until it runs dry is an interesting take.

…But, wait, there’s more… From Rep. Fritchey’s blog…

There was a reported understanding among the leaders to stick together on the budget vote and any subsequent veto overrides. So Emil’s standing with the Governor on this issue today would appear to be an outright 180 degree flip on the other leaders. Going back on an agreement is never good form, that truism is magnified exponentially under the dome.

And muses about how the governor might try to do what he says he will do…

One way that I think that he might try to do this (and I’m simply thinking out loud here, sort of) is via an agency reorganization. This would be an extraordinarily convoluted means of attempting to reach his goal, and I’m not sure that it would work in any event, but I just can’t think of another means by which he could do it. (Another reason that this wouldn’t make sense is that, if I am interpreting this section correctly, the House could nullify the Executive Order with a simple majority.)

Again, this looks more like a negotiating posture than reality.

…More, more, more… From Democratic blogger ArchPundit…

…Blagojevich is saying he is appropriating money–something he is forbidden to do. His new rules will be hit with injunctions and then heard in court. The evidence is clear that he’s trying to appropriate money contrary to what the Legislature passed. He cannot do that and a court can use this sort of strategy as evidence of intent and thus, evidence that it was not simply delegated authority.

Larry also points out in comments here…

He’s making up powers. He’s now in the same Constitutional fantasyland as the Bush signing statements and if we were to try and spend that money, it’s an impeachable offense. This isn’t about the person or the policy, it’s about the integrity of the institution. He cannot do this and if he tries, he must be stopped by the other two branches.

…More to consider… One additional observation by myself…

The governor can’t just take $500 million from other parts of the budget and spend it on healthcare. He has a 2 percent transfer authority in this budget, but the transfers have to be germane.

Again, we have a press release that wasn’t accompanied by any official language - which is his usual modus operandus. Until we see that actual language, I gotta figure this is pure posturing.

…Reaction starts to come in… From the AP…

Democratic Senator Kwame Raoul says health care is important and the governor is doing everything possible to cover people who lack insurance. But he wishes the maneuver had been discussed with rank-and-file Senate Democrats.

There has been no reaction yet from House Speaker Michael Madigan, the leading opponent for most of Blagojevich’s proposals. The Illinois Campaign for Better Health Care is applauding Blagojevich.

…Audio clips… The Illinois Farm Bureau has two very brief audio clips and a short story online. Go there or just listen to them here…

* Senate President Emil Jones…

[audio:ejones1_13878.mp3]

* Governor Rod Blagojevich…

[audio:blago1_13878.mp3]

…JCAR Update… Rep. Fritchey has added this update…

For those that don’t know, I happen to be one of the members of the Joint Committee on Administrative Rules (JCAR). I have been advised that HFS will likely be filing rules for coverage expansion of both the ‘Family Care’ and ‘Assist, Primary Care, Rx, Hospital’ provisions of the Governor’s plans. HFS counsel is maintaining that the Breast and Cervical Cancer Screening and Treatment and Working Families Premium Assistance programs will not require rules, a position not necessarily shared by JCAR staff. Any expansion of All Kids would likely require new rules for Comprehensive Health Insurance Program.

When one looks at the members of JCAR, it’s hard to tell how these rules are going to be received. Same fight, different battleground.

…More analysis… Chicago Public Radio has a report online now that makes a brief mention of the governor’s lack of Constitutional authority to redirect spending…

[audio:cityroom_20070814_bcalhoun_Illi.mp3]

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Tuesday, Aug 14, 2007 - Posted by Rich Miller

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Question of the day

Tuesday, Aug 14, 2007 - Posted by Rich Miller

So, I was reading this story today about why Abe Lincoln’s face was shaped the way it was, and something struck me. See if it stands out for you, as well…

The left side of Lincoln’s face was much smaller than the right, an aberration called cranial facial microsomia. The defect joins a long list of ailments — including smallpox, heart illness and depression — that modern doctors have diagnosed in Lincoln.

Lincoln’s contemporaries noted that his left eye at times drifted upward independently of his right eye, a condition now termed strabismus. Lincoln’s smaller left eye socket may have displaced a muscle controlling vertical movement, said Dr. Ronald Fishman, who led the study published in the August issue of the Archives of Ophthalmology. […]

Mount Rushmore sculptor Gutzon Borglum described the left side of Lincoln’s face as primitive, immature and unfinished.

A weird, wandering eye? “Primitive” facial features? Heart illness? Depression? How could anyone get elected to anything these days with those sorts of problems?

To be sure, the President was roundly mocked…

Lincoln’s appearance was mocked by his political enemies, historians say. The author Nathaniel Hawthorne, a Lincoln fan, wrote of the president’s “homely sagacity” and his “sallow, queer, sagacious visage.” Hawthorne’s description was deemed disrespectful and deleted by a magazine editor, said Daniel Weinberg, owner of the Abraham Lincoln Book Shop in Chicago.

But he won. Twice. Not to mention that he was a state legislator, a congressman and his US Senate bids made him a national star. I can’t imagine him having a shot in Hades for dog catcher today with a mug like that.

So, I guess the question is: What’s wrong with us?

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Let’s turn back to Cook for a bit today…

Tuesday, Aug 14, 2007 - Posted by Rich Miller

The session has had me pretty preoccupied lately, so we haven’t had a chance to talk about the upcoming Cook County races, particularly the state’s attorney contest

Another Cook County politician is jumping in the race to succeed retiring State’s Attorney Dick Devine. County Commissioner Tony Peraica, a Republican, will announce his campaign later this morning.

Here’s the audio from Chicago Public Radio’s story…

[audio:cityroom_20070814_shudzik_Pera.mp3]

Have at it.

56 Comments

Proposed tax on bottled water

Tuesday, Aug 14, 2007 - Posted by Rich Miller

* I’m not sure this has a chance of actually passing, but I was curious what your thoughts might be…

Chicago should cash in on the bonanza of bottled water sales — and help clean up the environment — by slapping a tax of 10 to 25 cents on the cost of every bottle, a Southwest Side alderman said Monday.

At a time when Chicagoans are bracing for post-election tax increases to close a $217 million budget gap, Ald. George Cardenas (12th) said he can think of no better or more lucrative idea to add to the menu than a bottled water tax. […]

Cardenas noted that there’s a nearly $40 million shortfall in the city’s water and sewer funds, in part because of a decline in water usage.

“How is this possible when we have a water system that’s won honors? It’s because bottled water has become a $15 billion industry that’s growing at a rate of 20 to 30 percent a year,” he said.

* And the other side…

…Joseph Doss, president of the International Bottled Water Association, said he knows of no other city that has tried to tax bottled water.

“Bottled water is a safe, healthy, convenient beverage that consumers find refreshing. Any action that would discourage consumers from drinking this healthy beverage is a bad idea and not in the public interest,” he said.

Doss said the bottled vs. tap argument doesn’t hold water because 75 percent of bottled water consumers drink both. And bottled water companies are attempting to defuse the landfill argument. They’re using much lighter-weight plastics in their containers and have reduced the amount of plastic resin in those bottles by 40 percent over the past five years, he said.

Noting that plastic petroleum containers make up only one-third of 1 percent of the total U.S. waste stream, he said, “Any effort to reduce the environmental impact of packaging must focus on all consumer goods and not just target bottled water or any one industry.”

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More on the pay raise

Tuesday, Aug 14, 2007 - Posted by Rich Miller

* As night owls already know, the governor signed the pay raise bill late last night. Here’s the Sun-Times take…

Gov. Blagojevich waited until after a big chunk of Illinois was in bed late Monday to authorize 9.6 percent pay increases for himself, lawmakers and other state officials.

Blagojevich’s move to sign legislation that had been on his desk for two months breaks a campaign pledge he made last year to veto any pay hikes. The state Constitution required him to act by midnight. […]

The administration had sought to use the political hot potato as leverage to help Blagojevich win passage of his health-insurance program and other priorities, but the strategy failed. That left many at the Capitol bracing for the possibility he would veto the pay increases to exact a measure of revenge against lawmakers who did a budgetary end run around him.

His signature buys peace among some Senate Democrats, whom Blagojevich couldn’t afford to lose as he contemplates how to revive his failed health-care initiative and restore spending priorities stripped from a budget proposal now on his desk.

* Post-Dispatch…

His decision to support the raises comes just days after the Legislature publicly humiliated Blagojevich with its overwhelming passage of a new state budget over his opposition, denying him the major new health care and infrastructure spending he’s been demanding for months.

Blagojevich was in the position to deprive those lawmakers of a roughly $5,500 a year raise, their first in six years. When he waited 60 days to take action on the pay-raise bill — the longest he could wait under Illinois’ constitution — there was widespread specuation that he would nix the pay hikes.

The announcement that he had instead signed the raise into law came at about 11:30 p.m. Monday, half an hour before the statutory midnight deadline for gubernatorial action. The announcement from Blagojevich’s office didn’t offer an explanation for his decision, and a spokesperson didn’t return repeated phone calls during the evening seeking comment. […]

Under the legislation, state lawmakers will see their base salaries rise to $63,143 annually, from their current $57,619. That’s in addition to extra pay given for leadership posts and committee assignments.

* The bill was signed so late that it was obviously past some newspaper deadlines. This appears to be an early version of a Daily Herald story…

With billions of dollars on the line for health care, school construction, services for the disabled and the people who care for them, Gov. Rod Blagojevich was refusing to take action Monday, pushing off his decision until the middle of the night.

Blagojevich had until midnight to act on a spending plan lawmakers sent him two months ago. Late Monday it was apparent that he would wait until nearly the last minute.

* But there is also this piece on the paper’s website…

Only days after blasting lawmakers for selfishly trying to increase the size of their paychecks while state needs floundered, Gov. Rod Blagojevich signed the raises into law as midnight approached Monday.

* And there was nothing in the Tribune this morning, including their little bloggy thing. And the early version of the AP story, which probably made it into most papers, didn’t have anything, either. Others, like the SJ-R, obviously tacked it on late.

* More budget stuff, compiled by Paul…

* Editorial: Sign the budget

* Editorial: Governor shouldn’t wait too long to act on budget

* Chicago Public Radio: Illinois Treasurer calls budget deadlock ‘embarrassing’

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Morning Shorts

Tuesday, Aug 14, 2007 - Posted by Paul Richardson

* Hastert to decide on re-election

* States win points with sales tax holidays

* New deal for electric rate relief

* Coal power plant has funding, officials say

* Racetrack industry gambling on OTBs

* Daley may promote environment chief

* $300 city-wide parking permit gets few takers

Only 53 real estate agents and home health care providers have bought the new stickers — even after the city clerk’s office reached out to health care and real estate dealers’ associations to make certain they were aware of the parking perk.

Chicagoans already were bracing for an array of post-election tax increases to close a $217.7 million gap in the mayor’s 2008 budget. Now, the gap is closer to $220 million.

* State is moving unclaimed property auction online; more here

Illinois Treasurer Alexi Giannoulias announced Monday the state’s first eBay auction of unclaimed property.
“Using the Internet, we’re going to conduct a virtual yard sale,” Giannoulias said. “That’s what eBay — with its 241 million registered users — brings to the table.”

The items are among forgotten or abandoned property left in safe-deposit boxes. The state puts it on sale after officials try to reach the owners for at least nine years. Until now, an annual auction has been held at the Illinois State Fair in Springfield, where a preview of the Internet sale is being held.

* Illinois GOP to host straw poll

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Tuesday, Aug 14, 2007 - Posted by Rich Miller

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This just in… *** Guv signs supplemental ***

Tuesday, Aug 14, 2007 - Posted by Rich Miller

[Bumped to a Tuesday post from Monday to give it some more visibility.]

* Monday, 4:36 pm - The General Assembly formally transmitted the operating budget to Governor Blagojevich this afternoon.

And Gov. Blagojevich has not yet taken any action on the supplemental appropriations bill, which contains the legislative pay raises. He has until midnight tonight to sign it, veto out the raises, or do nothing and allow it to become law.

* 4:55 pm - Don’t forget about the fundraiser tonight to help pay off Pat Thompson’s medical bills. It’s from 7:30 to 10:30 at Floyd’s Thirst Parlor in Springfield. 10 bucks, bottomless cups of beer, and pizza.

* 7:18 pm - CBS2 reports that Congressman Denny Hastert is expected to annnounce that he will retire at the end of this term. The station also reports that many of Hastert’s top campaign people have found other jobs and that Hastert’s campaign website appears to be offline. According to Project Vote Smart, this is Hastert’s website. It’s gone. More here.

* 10:47 pm - Still no word on the supplemental appropriations bill. I’m waiting just like some of you are.

* 11:15 pm - According to the Secretary of State’s office, the governor has signed the supplemental appropriations bill. Pay raises for everybody. (OK, not everybody.)

…Adding… I’m told the governor signed the supplemental and five other bills and filed them all at 10:40 pm tonight. Not sure yet what those other bills were.

* 11:52 pm - From the governor’s office at 11:26 tonight…

Monday, August 13, 2007

SPRINGFIELD – Governor Rod R. Blagojevich today took action on the following bills:

Bill No.: SB 241
An Act Concerning: Local Government
Description: Makes supplemental appropriations for FY07.
Action: Signed
Effective Date: Immediately

Bill No.: HB 1780
An Act Concerning: State Government
Description: Amends the State Finance Act.
Action: Signed
Effective Date: Immediately

Bill No.: HB 1832
An Act Concerning: State Government
Description: Amends the Historic Preservation Agency Act.
Action: Signed
Effective Date: Immediately

Bill No.: HB 1872
An Act Concerning: Education
Description: Amends the School Code.
Action: Signed
Effective Date: Immediately

Bill No.: HB 1919
An Act Concerning: Government
Description: Amends the Local Governmental Employees Political Rights Act.
Action: Signed
Effective Date: Immediately

Bill No.: HB 2858
An Act Concerning: Criminal Law
Description: Amends the Criminal Code.
Action: Signed
Effective Date: January 1, 2008

[Links added by yours truly.]

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Question of the Day

Monday, Aug 13, 2007 - Posted by Paul Richardson

You receive a call today from your preferred party’s chamber leader. He has read your comments on The Capitol Fax Blog and is impressed.

There is a vacancy in your district. He asks that you run in the upcoming election for the Illinois General Assembly.

Question: Do you do it? Why or why not?

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Gov. Irrelevant?

Monday, Aug 13, 2007 - Posted by Rich Miller

* As I pointed out in the Sunday update… can you say “irrelevant”

The magic number is down to 11. That’s how many Illinois lawmakers showed up Sunday for special legislative sessions ordered by Gov. Blagojevich. […]

Blagojevich called two special sessions for Sunday, bringing the total number of such sessions to 15. […]

Only six of 118 representatives bothered to show up Sunday.

They were joined by five of 59 senators.

* And the AP has a good piece about the governor’s options with the budget…

Tired, angry legislators have put aside their many differences and managed to back Gov. Rod Blagojevich into a corner. Now they’re waiting to see whether he’ll try to fight his way out or compromise.

The maneuver came Friday, after five months of futile negotiations, when lawmakers passed a state budget that Blagojevich opposes. […]

This budget battle began in March, when Blagojevich delivered a bold plan to improve health care, increase education funding and cut pension debt with the largest tax increase in Illinois history.

Piece by piece, legislators said “no” to his plan. Now they’ve left him with a short list of ugly options.

Discuss.

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