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]