May 26, 2010
To the Honorable Members of the Illinois Senate,
96th General
Assembly:
In accordance with Article IV,
Section 9(e) of the Illinois Constitution, I hereby return Senate Bill 28 with
specific recommendations for change.
This bill
is the product of the hard work of many parties who all share the same goals:
protecting thousands of jobs, putting more people to work and maintaining Chicago’s status as the convention capital of the world.
Senate
Bill 28 is important progress. But more work remains to be done.
By passing
this bill, the General Assembly has taken only half a step towards reforming
our State’s convention industry. As long as I have been Governor, my message
has been clear: when it comes to reform, half measures do not suffice. The only
real reform is comprehensive reform.
This bill
directs the Authority to enter into certain agreements in a manner
“substantially similar” to the Procurement Code. It is entirely unclear what it
means to “substantially” follow the Procurement Code, and I will not tolerate
ambiguity on such an important principle. How the Authority spends its funds
and enters into contractual agreements is a matter of the utmost importance. We
have seen all too recently the harms that can occur when transactions are carried
out outside the realm of sunshine and openness. Clarity and consistency in the
Authority’s procurement practices are required if the taxpayers of our State
are to have confidence in the operations of the Authority.
Over the
past sixteen months, I have worked with the General Assembly to overhaul our
State’s procurement practices through landmark amendments to the Procurement
Code. I am certain that the Authority will be well served by adopting these
reforms. Accordingly, my recommendation is that the Authority follows the same
procurement requirements that we now require throughout state government.
For the
Authority to fully fuel the Illinois economy, we must also eliminate tax
increases that are counter-productive to the purpose of the bill. The
fundamental purpose of this bill is to preserve and expand our State’s
convention industry, but a tax on ground transportation services at commercial
airports will do the opposite.
During
these difficult economic times, it is incumbent on our elected officials to do
everything possible to protect and create jobs for the citizens of Illinois. Every year thousands of conventioneers gather in Chicago, shop in our stores, eat
in our restaurants, and stay in our hotels. They, along with the Illinois citizens who travel through O’Hare and Midway, should not be greeted there with a
doubling of this tax on ground transportation services. As Governor, I am
committed to taking every step necessary to protect our taxpayers and an
industry that supports some 65,000 jobs and $8 billion in annual economic
activity for the state of Illinois. However, we cannot take shortcuts that
place short-term benefits ahead of long-term gains.
Though
imposing a new tax levy on travelers might generate revenue in the short-term,
it increases the cost of hosting conventions in our State. Chicago sits at the
crossroads of the world, and those who visit from near and far must know that
our State is open for business.
There are
obstacles towards implementation of this bill that we must also address. Senate
Bill 28 appoints a specific Trustee to effectuate the provisions of this bill
and fails to provide for the removal or succession of the Trustee. This
provision presents two problems. First, by naming a specific individual as a
trustee, this bill violates Article IV, Section 13 of the Illinois Constitution
which states that “The General Assembly shall pass no special or local law when
a general law is or can be made applicable.” Second, if the Trustee was unable
to serve, or if the Trustee failed to carry out his duties, no mechanism exists
to protect the people of our State from a void at the Authority. This complete
lack of accountability places our taxpayers at great risk. Granting the Trustee
unbridled authority without oversight is not a path I am willing to pursue. My
recommendations below address this gaping problem and resolve the
constitutional issue.
Lastly,
true reform is not only a matter of ensuring transparency in the management of
the Authority, but we must also make the Authority more efficient and effective
and remove the hassles that add costs to customers. In this extremely
competitive industry, the Authority needs the flexibility and resources that
are found in most major venues across the country, while ensuring that our
highly-skilled workforce is treated fairly. Reducing the number of the
Authority’s work jurisdictions will allow the Authority to continue to offer
service superior to that found in other large convention destinations, such as Orlando, Florida and Las Vegas, Nevada. By putting the customers first, we will also
protect thousands of Illinois jobs.
I have
always said that our democracy works best when people band together towards a
common interest. This bill demonstrates how true that is. Republicans and
Democrats, upstate and downstate, labor and business, have worked together to
see that Senate Bill 28 be placed on my desk. By continuing to work together,
the General Assembly can take the final steps towards ensuring this vital
economic engine will save and create thousands of jobs in our State. I am
confident that the members of the General Assembly will do so and accept the
recommendations below.
Therefore, pursuant to Article IV, Section 9(e) of the
Illinois Constitution of 1970, I hereby return Senate Bill 28, entitled “AN ACT
concerning civil law.” with the following specific recommendations for change:
on page 123, by replacing lines 25 and 26 with “requirements
of Section 5.6 of this Act.”; and
on page 124, by deleting lines 1 through 3; and
on page 133, by replacing lines 20 through 26 with
“ (12) The Authority shall not
recognize (i) more than a single bargaining unit for employees engaged in
drayage, rigging, and related duties and (ii) more than a single bargaining
unit for employees engaged in carpentry, decorating, and related duties. “;
and
on
page 134, by deleting lines 1 through 11; and
on page 158, line 14, by deleting “$4 $2” and
reinserting “$2”; and
on page 158, line 19, by deleting “$18 $9”
and reinserting “$9”; and
on page 158, line 20, by deleting “$36 $18”
and reinserting “$18”; and
on page 158, line 21, by deleting “$54 $27”
and reinserting “$27”; and
on page 159, line 2, by replacing “$2 $1”
with “$1”; and
on page 160, by deleting lines 6 through 17; and
on page 174, by replacing lines 10 through 12 with the
following:
“chief executive office, whichever is longer. The
Governor, with the advice and consent of the Senate, shall appoint the Trustee
of the Authority who shall immediately assume all duties and powers of the
Board and the chief executive officer.”; and
on
page 174, immediately below line 17, by inserting the following:
“(a-5) In the case of a vacancy
in the office of Trustee of the Authority after the initial appointment of the
Governor pursuant to subsection (a) of this Section, the Governor, with the
advice and consent of the Senate, shall appoint a Trustee within 5 calendar
days. If the vacancy occurs during a recess of the Senate, the Governor shall
make a temporary appointment within 5 calendar days and the person shall serve
until the next meeting of the Senate, when the Governor shall nominate some
person to fill the office of Trustee. Any person so nominated who is confirmed
by the Senate shall hold the office of Trustee during the remainder of the term
as provided for in this Section.
(a-10) If the Trustee of the
Authority, or the guardian of his estate and person, notifies the Governor that
he is unable to perform the duties vested by law in the Trustee, then the
Governor may designate some person as acting Trustee to execute and discharge
those duties. When the Trustee of the Authority is prepared to resume his
duties, he, or the guardian of his estate and person, shall do so by notifying
the Governor.
(a-15) The Trustee of the Authority
shall be subject to the Governor’s removal power provided for under Section 10
of the Article V of the Illinois Constitution.”; and
on page 175, on line 6, by replacing “a manner” with
“accordance with the Illinois Procurement Code;”; and
on page 175, by deleting line 7; and
on page 184, line 1, by replacing ”a manner
substantially similar” with “accordance with the Illinois Procurement
Code.”; and
on page 184, by deleting line 2.
With these
changes, Senate Bill 28 will have my approval. I respectfully request your
concurrence.
Sincerely,
Pat Quinn
Governor
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