The state of the State

Session ending upsets predictions

MOST observers of the Illinois General Assembly were surprised when the lawmakers were unable to complete the work of the off-year session which began January 14 before the midnight June 30 "deadline." Once again, it was necessary to obtain a three-fifths majority to pass the last major appropriations bills after the June 30 deadline in order for them to become effective immediately for the new fiscal year. In the heat of the last debates, a squabble developed when frustrated legislators couldn't get a special Senate committee established to study the Regional Transportation Authority, and the Senate then failed to pass an "omnibus bill," S.B. 1932, which contained the budget for approximately 40 commissions and other legislative agencies. As a result, legislators had to return almost immediately for a special session on July 9.

In the last few years, it had been fairly easy to predict that the General Assembly would be unable to complete its work by June 30 because of the length of the legislative calendars in June or the volatile nature of the major issues being debated at the end of the session. But, the 1976 session did not appear to be heading in that direction.

The calendars for the final days of the session were very short; about one-tenth as long as the normal end of June schedule of unfinished business. The major substantive issues had been dealt with, including modifications of current laws concerning medical malpractice and workmen's compensation. Members and staff were almost unanimous in their belief that all business would be completed well before midnight of June 30. The news reporters were almost as optimistic with the last pick in their end-of-session pool set for 2:35 p.m. July 1.

But one issue, with wide implications, spoiled the careful scheduling of the leadership when the House and Senate could not agree on a solution over collective bargaining by public employees. The issue emerged in the appropriations process and stalemated the General Assembly until compromises finally were reached on July 1 and 2. The controversy developed over the money, included in the governor's budget requests, to cover the cost of collective bargaining agreements which were reached under the terms of Executive Order No. 6 issued by Gov. Dan Walker September 4, 1973.

The Senate, in effect, took the position that a contract with an employee union was not binding on the legislature unless the General Assembly was included in the bargaining and approval of the provisions. The Senate amended out funds for increased costs of personal services resulting from contracts signed by the state personnel director with the bargaining agent of employees in such code departments as Corrections, Public Aid, and Mental Health. The House included the funds requested by Walker in its version of the appropriation bills for those departments.

The final compromise, reached after June 30, retained some of the requested funds under personal services, not bearing the title of "collective bargaining." The expectation is that there is enough money appropriated to cover the increased cost generated by the collective bargaining agreements at least through the beginning of the November session. Then the General Assembly will be asked to pass a deficiency appropriation to cover the balance.

This late controversy overshadowed the generally orderly pace of the 1976 session of the 79th General Assembly. The utilization of rules for considering substantive legislation during this second year of the biennium greatly reduced the number of bills which came to the floor for action. It was a rare example of a successful limitation of the off-year session to budget bills and substantive legislation which could not wait until 1977.

New rules which required that bills ¦ needed a majority of all members of a standing committee in order to be passed out — instead of a majority of those present and voting — greatly limited the number of bills emerging for floor action. Many legislators seemed surprised that this rule was so effective at limiting the size of the calendar.

Speaker William Redmond also issued regular progress reports to the House membership summarizing actions on appropriation bills during the session. This allowed members to have a general idea about the total number of dollars being appropriated, along with comparative figures indicating revenue estimates, total appropriations requested by the governor, and the total dollars in all appropriation bills which had been introduced. While far from being a perfect effort, this did give members some idea of the impact of their action on a day to day basis.

A serious omission in the rules became apparent when Rep. Eugene F. Schlickman (R., Arlington Heights) contended that Rep. Gerald W. Shea (D., Riverside), the House majority leader, should be reprimanded for serving as an attorney for the state medical society when he also sponsored medical malpractice legislation. A committee and the full House found no improper conflict of interest for Shea, however, and exonerated him by an almost unanimous vote, 153-7. But, the House did amend its rules (H.R. 902) to establish a procedure under which future allegations of unethical conduct by a member of the House concerning another member can be reviewed. With the exception of the postelection veto session, which opens November 17, the 79th General Assembly has completed its work. It will be noted for the longest speaker's fight in Illinois history and the largest number of bill introductions in the state's history. The changes in rules and keeping members informed relate to the way Speaker Redmond views his leadership role. He announced at the end of the session that he plans to seek the speakership in the 80th General Assembly if he is reelected and the Democrats retain their majority in the House. /L.S.C.ž

24/ August 1976/ Illinois Issues


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