From the BNA Money & Politics Report:

Illinois Governor Uses Amendatory Veto
To Beef Up Legislature's Ethical Reforms

CHICAGO--Illinois Gov. Rod Blagojevich (D) has thrown state legislators and political reform groups a curve ball by using his amendatory veto pen to reshape the ethics reform legislation passed at the end of the General Assembly's spring session.

Announcing the move June 12, Blagojevich criticized legislators for passing a reform bill (House Bill 3412) that did too little to control the kinds of influence peddling and fund-raising scandals that have washed over the state during the last five years.

Blagojevich sought to remedy the deficits within H.B. 3412 by using the amendatory veto process to add an ethics commission, an ethics hotline and more restrictive rules on gifts.

"There has never been more momentum and public pressure in Illinois to eliminate corruption and clean up business in Springfield," Blagojevich said in announcing his action. "We need to seize this opportunity to implement real, long-term reform. If we're going to do it, let's do it right."

But good government organizations were unsure whether the governor had really advanced their cause. While they applauded the tougher language added by Blagojevich, an amendatory veto adds a new layer of uncertainty to the process. Reformers say the state may end up with no reform at all because the General Assembly now has the option of ignoring the ethics bill and leaving the state with nothing to show for the effort.

In a statement released by a coalition of seven political reform groups, reformers commented, "Illinois has had far too many problems for far too long for us to allow true ethics reform to slip from our grasp. The people of Illinois deserve better."

Limits on State Employees

As presented to Blagojevich, H.B. 3412 prohibits state officers and employees from a long list of essentially political activities while working on the state's clock. In addition, the legislation adds: broader disclosure requirements for lobbyists; whistleblower protections; prohibitions against lobbyists serving on state boards and commissions; rules barring ex parte communications during state agency rulemakings; rules barring departing state employees from jobs with certain vendors; and, rules barring candidates and elected officials from making quid pro quo style promises to individuals and organizations during elections.

While Blagojevich said these reforms were encouraging, the bill falls short on numerous fronts. He was specifically disappointed that legislators failed to create any mechanism to monitor and discipline state employees who might violate the proposed rules. Such provisions were part of the initial reform legislation, but were gutted at the last moment when H.B. 3412 received final approval in the Illinois Senate on May 31.

Significantly, Blagojevich added a provision creating an Executive Inspector General (EIG) to investigate reports of misconduct by anyone employed within the executive branch. He also created an Executive Ethics Commission to review and take action on cases brought by the EIG. EIGs would be appointed by the governor and would carry subpoena powers. The EIG would also be responsible for managing and maintaining an ethics training system.

Blagojevich's action also establishes an ethics hotline to gather reports of misconduct. The hotline would also provide state workers and citizens with guidance on the state's various ethics statutes. Other provisions within the governor's amendatory veto include an end to certain gift ban exemptions, such as the unlimited exemption on golf and tennis fees. The veto also bans public service announcements featuring constitutional officers and members of the legislature during campaign season.

Lawmakers Face Choices

"These changes take a well-intentioned beginning and create a tough ethics package that can proudly rival any in the nation," Blagojevich said.

Cindi Canary, executive director of the Illinois Campaign for Political Reform, said the Illinois General Assembly has three choices in dealing with the amendatory veto when it meets in November during its so-called "veto session." She said legislators could enact the governor's reforms by voting to concur. The assembly could also choose to override and enact its original legislation. This option would require a three-fifths majority vote.

But, Canary said legislators could also ignore the amendatory veto and leave the state with the uneven collection of ethics statutes that exist currently. She said the coalition, which includes her group, the League of Women Voters and Citizen Action Illinois among others, would work with legislators to avoid this third option.

"We are committed to working with the constitutional officers and the legislature to ensure that a meaningful ethics package is adopted in the veto session," she said. "We will talk with them in the coming weeks about how best to guarantee that all of the reforms in H.B. 3412 become law."

By Michael Bologna