December 16, 2008— Issue 48

Update Regarding the Governor

On December 9, Governor Rod Blagojevich was arrested.  While there have been various calls for the Governor to resign, Governor Blagojevich still currently maintains the executive power for our State. 

Impeachment:

On Monday, December 15, Speaker Madigan held a press conference during which he announced the formation of a Special Investigative Committee to investigate allegations of misconduct by the Governor, including abuse of power, and make a recommendation as to whether cause exists for impeaching him.  The Speaker made it clear that the Governor will be afforded all of his rights under both the U.S. and Illinois Constitutions and will be given the opportunity to testify.  The Committee convened for the first time on Tuesday, December 20, and will meet in Room 114 of the State Capitol every day except Christmas Eve, Christmas Day, New Years Eve, and New Years Day.  The Committee is Chaired by House Majority Leader Barbara Flynn Currie and is comprised of 21 members—12 Democrats and 9 Republicans.  The members of the Committee are:

• Democrats:  Representatives Barbara Flynn Currie, Gary Hannig, Frank Mautino, Julie Hamos, John Fritchey, Lou Lang, Jack Franks, Art Turner, Mary Flowers, Eddie Acevedo, Monique Davis, and Connie Howard


• Republicans:  Representatives Jim Durkin (Republican Spokesperson), Suzanne Bassi, Patricia Bellock, Bill Black, Mike Bost, Roger Eddy, Chapin Rose, Jim Sacia, and Jim Tracy

HR 1650 is the resolution to form the Committee.  On Monday, it passed the House on a vote of 113-000-000.  HR 1650 may be accessed at the following link:  click here.  Information regarding the Committee, including audio and video coverage of its daily meetings, may be accessed at the following link:  click here

On Tuesday, December 16, the Senate adopted SR 966 on a vote of 56-00-00.  SR 966 creates a Special Committee on Impeachment Trial Procedures to recommend rules in case the House impeaches the Governor.  The Special Committee is comprised of 9 members—5 Democrats and 4 Republicans.  The Chair of the Special Committee shall be elected by a majority of the members appointed to it.  The members of the Committee are:

• Democrats:  Senators James Clayborne, Jr., John Cullerton, Bill Haine, Don Harmon, and Ira Silverstein


• Republicans:  Senators Dale Righter, Dan Rutherford, Matt Murphy, and Kirk Dillard

SR 966 may be accessed at the following link: click here

Vacant Senate Seat:

Under the Seventeenth Amendment to the U.S. Constitution, the State can either call for a special election or allow for gubernatorial appointment to fill a vacancy in a U.S. Senate seat.  Current Illinois law provides that the Governor has the power to appoint the next U.S. Senator.  Consideration was given to changing the law to allow for a special election, but no action was taken on the matter in either chamber this week.  A concern raised by people regarding a special election is the cost, which has been estimated at up to $50 million. 

Court Actions to Preclude Governor from Serving:

On December 12, Attorney General Lisa Madigan filed an action against the Governor on the grounds he is unfit to serve.  The Attorney General asked the Supreme Court to enjoin the Governor from serving and name Lieutenant Governor Pat Quinn as Acting Governor.  The Attorney General alternatively requested that the Court prohibit the Governor from performing, and instead order the Lieutenant Governor to perform certain activities.  The filing is made pursuant to Supreme Court Rule 382 (a) and is based on Article V, Section 6(d), of the Illinois Constitution.  Also, a separate case to remove the Governor under the Illinois Constitution has been filed by a group of citizens led by John Bambenek.  Records from both cases may be accessed at the following link:  click here

State Borrowing Update

Last week, Standard & Poor’s has expressed concern about the State’s fiscal status and the Governor’s situation—it has placed Illinois on “negative CreditWatch.”  On Monday, December 15, Fitch lowered the rating on $19.1 billion of the State’s general obligation (“GO”) bonds from AA to AA-.   Moody’s too has downgraded the State’s bond rating.

Further, the State had previously planned to undertake $1.4 billion short-term borrowing to help pay vendors and providers who have been awaiting reimbursement.  Last week, the Governor’s Office of Management and Budget (“GOMB”) halted the plan.  The stoppage of the bond issuance followed concerns by the Attorney General about language in the issuance that would require her to basically certify that no pending controversy exists that leads one to question the Governor’s ability to serve.  However, new language has been drafted by the Attorney General.  On Tuesday, December 16, the State went forward with the bond offering.

Governor Signs Film Tax Credit Bill

On Monday, December 15, the Governor signed SB 1981 (P.A. 95-1006), a film production services tax credit bill.  The bill expands the credit from 20 to 30% of the Illinois production spending for the taxable year and makes the credit permanent.  TFI opposed the bill because it expanded the cost of the credit at a time when the State lacks funds.  SB 1981 may be accessed at the following link:  click here

96^th General Assembly

Senate Calendar

This week, the Senate released its calendar for the 96^th General Assembly, which may be accessed at the following link:  click here

Other Recently Released Information

The Center on Budget and Policy Priorities (“CBPP”) has released a budget updates entitled “State Budget Troubles Worsen,” which may be accessed at the following link:  click here

And Finally . . .

TFI will publish editions of the TFI Report throughout the rest of the year as significant governmental developments occur. 

Happy Holidays!