Legislative Action

The intrigue of the special session

NO ONE in the General Assembly seemed pleased when Gov. Dan Walker called the members into special session on September 8 to deal with a "crisis" in funding for primary and secondary education. The governor earlier had exercised his reduction veto powers to cut appropriation bills that had been passed during the regular legislative session on the grounds that revenues were insufficient to cover all that had been appropriated.

The heart of the issue was the refusal of the General Assembly last spring to approve Walker's "tax speedup plan" which would have accelerated the collection of $95 million in sales and payroll withholding taxes that would otherwise be due in fiscal 1978. When this 6th Special Session of the 79th General Assembly finally adjourned on September 24, a compromise had been reached for additional funding as well as part of the "speedup."

Modified tax speedup plan
Fifty million dollars was added back into the education budget along with alterations in the school aid formula to insure that no school district received fewer dollars than last year. To cover the restored appropriations, the legislature passed a package that would begin weekly, instead of monthly, payment to the state of sales and withholding taxes from several classes of employers and vendors, effective November 1. But in order to receive the necessary votes to enact the plan, part of the proposed speedup was delayed until July 1, 1977, to benefit the next governor during his first year in office.

Another provision included in the package was a "relief clause that would lessen the immediate impact of penalties against the Chicago School Board that were to be levied because the city schools closed early last spring.

The proceedings during September were confusing as well as chaotic. The difficulty in hammering out an agreement was compounded by a number of factors: 1) the session took place during an election campaign; 2) the governor and none of the major legislative party leaders, except the speaker of the House, were running for reelection, but the two top Senate leaders were candidates for state executive offices; 3) legislators were looking to the gubernatorial candidates for cues as to how to vote; 4) numerous school districts were suffering from acute financial problems and several were involved with teacher strikes related in part to questions of money; and 5) the state Constitution required 60 per cent majorities in order for legislation to take effect before July 1, 1977.

Consider the following: By calling for the special session in September with an effective date for the tax speedup bills of November 1, Gov. Walker insured that some of the funds would arrive in the state treasury prior to his leaving office in January. This is likely to increase the state's cash balance at the end of this calendar year and could have political importance if he decides to run for governor again in 1978. Similarly, in a session held before the general election, it was expected that legislators running for reelection would be reluctant to vote against the bills for fear of being labeled as "anti-school children."

With both Senate President Cecil Partee and Senate Minority Leader William Harris seeking statewide office this year, neither could afford to appear as being "anti-education." Neither could Democrat Michael Howlett nor Republican James Thompson, the gubernatorial candidates. Thus, the deliberations and meetings that included the governor and both the major candidates for his office took on an air of high political intrigue. Walker appeared to succeed in placing everyone else on the spot, eventually drawing support from both potential successors.

At last, the important compromise was reached. There was agreement to delay part of the "speedup" until July 1 of next year. This was necessary to get enough Republican votes to pass the plan. It was an important "carrot" because the polls showed Thompson well ahead of Hewlett, and the GOP members could then reserve some of the earlier arriving revenues for "their" administration which they assumed would be taking office in January.

Most of the bargaining leading to the compromise was necessary because the 1970 Constitution requires 60 per cent majority votes for legislation passed after June 30 of one calendar year to become effective prior to July 1 of the following year. Even though the Democrats have substantial majorities in the membership of both houses they would have been (assuming perfect attendance and total party unity) six votes short in the House and two shy of the required 60 per cent in the Senate. Compromise was a necessity and it came hard.

A peaceful veto session?
It is difficult to assess who was the winner in the special session other than to point to the additional $50 million appropriated back to the education budget. Gov. Walker appears to have gotten much of what he wanted. The Republican minority was able to extract a desirable compromise that will benefit them if their candidate should win the gubernatorial race. And the political infighting was one of the first signs of reunification in the Democratic party as it found Gov. Walker and Sec. of State Hewlett on the same side of the fence with the former making his strongest positive statements in support of the man who defeated him in the bitter primary last March.

The 79th General Assembly has now completed all but one final task. The members return to Springfield November 17 for the annual veto session. They will have an opportunity to overturn any of the vetoes issued by Gov. Walker since the close of the regular session in July. The general expectation is that it will be a quiet session; it is not likely that the legislature will make any serious attempts at restoring appropriations reductions. / L. S. C. 

26 / November 1976 / Illinois Issues


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