President's Message 7.21.08

email Doug July 21, 2008

Broken Legislature Requires a Sit Down Strike

The legislative process in Illinois is broken. The result is bad laws, ruthlessly proposed and carelessly enacted, without cooperative deliberation, constructive analysis or public comment. Critical public policy legislation with multi-billion-dollar ramifications for taxpayers is rammed through the Illinois General Assembly with barely a moment’s notice and a “take it or leave it” attitude by the Governor, Senate Leaders and with acquiescence from too many members of the General Assembly.

Governor Rod Blagojevich imported this heavy-handed, top-down approach from the US Congress, where he experienced the legacy of former US Speaker of the House Newt Gingrich. From the beginning of his first term in January 2003, Blagojevich and his Washington, DC advisers embraced this highly undemocratic process. It has taken hold since then, as some legislative leaders and members have routinely applied it.

Nearly every major piece of legislation introduced or passed in the last six years has been slammed through committee and floor debate with virtually no opportunity for public comment. Bills often emerge at the last minute with few details available to lawmakers or the public and an arrogant “we have the votes” message. The idea of actually allowing knowledgeable, informed people to review proposed legislation, analyze it, or offer suggestions or modifications is virtually gone from the legislative process.

We all were brought up to believe that good government in our American democracy always includes a process in which legislators propose a bill, invite commentary, listen, deliberate and amend to make the best law possible. That is not happening in Illinois, where legislators have made it clear they disdain such collaboration and don’t want public input on major bills.

Why have we traded informed decision making for political muscle flexing? When did the mantra, “you’re either for me or against me” eclipse bi-partisan dialogue, constructive criticism and technical review by experts? When did we agree that it’s OK for political power to dictate what happens, without public input? Who thinks it’s a good idea to give lawmakers just a few hours to review complex tax or budget bills before voting on them? Why should it be acceptable to knowingly pass laws that are so deficient that even the sponsors know they require follow-up legislation to correct them.

It is the Governor who sets the tone for the legislative process. Despite having served in the General Assembly his disrespect for the body is so apparent that it is no surprise the process is failing miserably. The animosity, distrust and conflict has become so great that legislators are being thrust into positions of failing in their duty to adequately represent their constituents. When they act like lemmings by abdicating their responsibilities to demand testimony, accountability, and sunshine on government proceedings or cast uninformed votes on major initiatives affecting people’s lives and livelihoods without benefit of disclosing the bill’s content the public is not being well served.

The antidote that has emerged to the failed committee system has been Speaker Madigan’s use of the Committee of the Whole proceedings to skewer Governor Blagojevich’s Gross Receipts Tax and expanded health care initiatives. The Speaker reprised the approach recently to bring attention to the Poshard-Hastert Illinois Works capital proposal. However, most observers recognize the Committee of the Whole proceedings are just another version of the State House power play and doubt whether any substantive contribution emerges from the show. It is a rare activity and not a solution to the breakdown in the individual member’s role, status and independence.

Examples that illustrate the flawed process:

Unconstitutional Business Fees. Governor Rod Blagojevich’s first proposed budget upon taking office in 2003 set the tone for countless examples of a legislative process shrouded in secrecy. The Blagojevich administration never presented a budget address that year. Instead, they hatched the proposed state budget just 72 hours before the end of the legislative session in which it was to be adopted. It was a frontal assault on business. The Fiscal Year 2004 budget imposed $330 million worth of increased fees and business license charges without regard for the economic consequences on the affected fee payers.

The Illinois Chamber – and members of the public, if they happened to be tuned in – had literally one hour to review the budget and offer comments to legislative staff. The Governor and Legislature bypassed the entire hearing process and addressed the budget only on the floor of the House and Senate.

In administrations past, governors released the budget weeks in advance to give time for individuals, associations and interested parties to provide comment, offer improvements and voice concerns. That weeks-long process allows for informed individuals and organizations to offer technical revisions and analysis that result in better public policy.

In the spring of 2004 the Illinois Chamber sued the Governor’s office, challenging the constitutionality of some of the fees. Later that spring, the legislature reduced workers’ compensation fees and fees imposed on truckers. It was a subtle acknowledgement that without adequate review they had overreached the prior year.

“Pay to Play” Ethics Bill. In the 2008 Legislative Session, lawmakers rammed through an ethics bill late in the session, with virtually no public comment. The secretly crafted legislation was presented as an “agreed” bill, in which members of the House and the Senate negotiated the details of the bill and then unveiled their joint legislation near the end of the session, leaving little time for comment or modification.

The bill prohibits major campaign donors from bidding on or receiving state contracts. The Illinois Chamber raised concerns and pointed out problems with the reporting provisions that will affect thousands of businesses. At the time the bill was passed, its sponsors acknowledged the legislation needed changes but were unwilling to make them. The sponsors have said they are open to addressing such concerns at a later date. . A more open and deliberative legislative process could have resulted in a better law that doesn’t require such extensive revisions.

Clean Coal Bill. In the last 48 hours of this past spring session, proponents of a clean coal bill fired up efforts to require utilities to purchase up to 5 percent of their electricity from clean-coal plants, which have yet to be constructed. The Chamber and the major utility companies successfully fought back the measure, advocated by Illinois Attorney General Lisa Madigan, arguing it would undo months of utility negotiations last year by raising rates for businesses and consumers. Efforts, such as this one, to rush for adoption of major legislation without dialog with affected parties over costs, risks and benefits is a significant part of the problem.

$250 Million in So-Called “Corporate Loophole” Closures. When 300 pages of proposed tax law changes documenting $250 million in taxes on business are released at 7:00 a.m. prior to approval at a 9:00 a.m. committee meeting it is obvious our lawmakers don’t really want to entertain public comment. The one hour committee meeting in the spring of 2007 entertained two multi-million business tax bills and allocated a mere twenty minutes to the corporate income tax bill. The Chairman allowed only two witnesses in addition to the sponsor, one proponent and one opponent.

It was insufficient time to get detailed analysis, guidance, and input on this bill. In sidebar conversations key legislators acknowledged they would need to address problems with the corporate tax law changes later in subsequent legislation. Months later the General Assembly finally adopted the necessary clean-up provisions. Even now, over a year later, the Chamber is still working with the Department of Revenue to implement clarifying rules and regulations.

$34 Billion Illinois Works Capital Bill. The Illinois Chamber has been an outspoken advocate on behalf of a long overdue capital investment program for our state. The Chamber has endorsed revenue increases to fund it.

However, it was alarming when on the last day of this past legislative session; Senate Democrats added $1 billion in unspecified urban development projects to the bill – with no opportunity for public comment. While the Illinois Works coalition sponsored dozens of public meetings throughout the state to document needs, there were no legislative hearings to delineate and explain the proposed spending plans.

It would seem logical that a $34 billion bonding program that will require decades to retire should receive some detailed explanation of what spending programs are being authorized.

Everyone who lives and works in Illinois is directly affected by the policies cited in those examples. Legislators’ votes on the state budget, taxes, ethics, energy, the environment and infrastructure are among the most important decisions they will make. Without adequate explanation, deliberation and study, lawmakers will make bad law.

Historically, Illinois voters have put their trust in the Governor and members of the General Assembly, believing they will carefully study important issues, consider options and listen to disparate viewpoints before making informed decisions. Illinois voters have a right to expect deliberative and thoughtful lawmakers will make only the best possible law.

Today’s legislators often have little idea what is contained in the hugely expensive bills they are being asked to vote upon. Illinois voters have a right to expect their elected representatives are assured thorough and deliberative review of such measures. Since this isn’t happening it is time for the rank and file legislators to engage in the political equivalency of a “sit down strike”.