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Finaljan13-COR Layout 1 Lame-duck legislators are Editor’s note no longer accountable to voters Gay marriage. Gambling expansion. State Lame-duck lawmaking is not a new Dana Heupel employee pension reform. Medical marijuana. phenomenon, and it’s not unique to Illinois. Two Forcing some businesses to disclose tax breaks. years ago, lame-duck legislators played key roles Driving privileges for undocumented in approving the 67 percent increase in income immigrants. Keeping open prisons and mental taxes and in abolishing the death penalty and health and developmental centers. Implementing allowing civil unions. Congress’ 2010 lame duck federal health care expansion. session saw the extension of the Bush tax cuts. Those and a host of other pressing issues make This year’s lame duck session in Washington, up the bricks in the wall that Illinois lawmakers D.C., focused on the “fiscal cliff.” And Steven and Gov. Pat Quinn are up against. Serious issues Spielberg’s current blockbuster, Lincoln, shows — difficult decisions — many of which drill to politicians plotting to pass a constitutional the very core beliefs of politicians and taxpayers, amendment abolishing slavery during a lame- alike. Yet it is likely that many — if not most — duck congressional session near the end of the of those tough choices will hinge on legislators Civil War. who either no longer want to serve or whom the So it’s not new, and it’s not illegal. But is it a voters no longer want to represent them. sterling model for how a representative Lame ducks. Lawmakers who won’t be around democracy should work? Should the most after January 9, when a new two-year legislative important legislative decisions wait until a session begins. Legislators who are no longer significant number of lawmakers are no longer accountable to the voters back home and are free accountable to the people who elected them? to vote their consciences — or to follow the “These people are no longer on board,” David commands of party leaders and special interests Morrison, deputy director of the Illinois that can pay off campaign debts or find them Campaign for Political Reform, told the Chicago jobs after their terms expire. Tribune. “They're not tied to their constituents. There are more of them than usual this year — They’re unmoored.” at least 35 — primarily because of the changes in “Lame-duck sessions are when legislators district boundaries that occur every 10 years, but (some of whom won't again face voters) can run also because of the Democrats’ smack-down of riot,” Thomas Suddes of the Cleveland Plain Republicans in last November’s elections. So Dealer wrote in a recent column. “They pass bills Illinois Senate leaders have scheduled session that belong in a wastebasket, and they kill bills days to begin January 2 and extend through the they should pass.” beginning of the new legislative session, while Yale law professor Bruce Ackerman wrote in the House will convene on January 3 and follow the Washington Post in 2010, referring to the same schedule. During that period, the Congress: “It is utterly undemocratic for legislative leaders will most likely try to persuade repudiated representatives to legislate in the those lame-duck members to cast controversial name of the American people. Worse, the votes that many legislators who must face voters prospect of a lame-duck session encourages again wouldn’t touch. sitting politicians to defer big issues till after Session days are also scheduled during that Election Day and thereby avoid scrutiny by the time because after January 1, legislation only voters.” needs a simple majority to pass and become But Quinn, who made his bones as a effective immediately upon the governor’s government reformer, is all for doing the signature. Between the previous June 1 through legislative heavy lifting during lame-duck December 31, a three-fifths approval is necessary sessions. “I really feel that all the legislators who under the Constitution for bills to take effect are in the General Assembly right now have more before June 1 of the next year. work to do before their term is up,” he told the www.illinoisissues.uis.edu 1 Illinois Issues 1 January 2013 3 Tribune soon after the November election. changes for new state employees were passed Editor’s note “And we want to make sure the entire term is in one day with little last-minute input from continued used in order to get big things done for the anyone, especially those most affected. And public, for the people.” it’s long been Statehouse lore that toward the Maybe not surprising, though, from a man end of a legislative session, House Speaker who desperately wants to deal with the state’s Michael Madigan and other legislative leaders fiscal problems in whatever way is expedient. will keep lawmakers in Springfield doing A crusader who shed his good-government busywork so they won’t travel home and be mantle after his election and instead governs influenced by the people they represent. with one finger moistened to test the political Granted, the pressure on the Illinois winds and another pointed upward and General Assembly and the U.S. Congress to inexplicably extended toward the deal with major issues is immense. Political constituencies that elected him. gridlock has made passage of controversial Insiders at the Statehouse would likely scoff legislation nearly impossible without at any suggestion that lame-duck sessions resorting to chicanery. And bond rating might not be the best time to enact major houses and influential interest groups such as legislation. That’s simply how the process the Civic Committee of the Commercial Club works, they’d say. And they would be right. of Chicago and others are pushing loudly for This is, after all, Illinois, where important solutions to the state’s fiscal mess or to votes are often made with little regard for or controversial social issues. consultation with voters or stakeholders. But it’s a shame — better yet, a sham — that Witness the practice known as “shell bills.” legislative leaders, the governor and the They are designed to skirt the constitutional special interests believe that the only way to provision that before a final vote, “a bill shall make those major changes is through votes be read by title on three different days in each by legislators who don’t have to answer to the house.” Instead, important issues such as voters who elected them. 1 statewide electric deregulation or pension Robert Gallo, senior state director, Alysia Tate, Chicago. AARP Illinois. Corinne Wood, attorney, Lake Forest. Advisory Sharon Gist Gilliam, chairperson, Chicago Housing Authority. EX-OFFICIO MEMBERS Staff Board Graham Grady, attorney, Shefsky & Robert Easter, president, University CHAIR Froelich, Chicago. of Illinois. Susan Koch, chancellor, University of Mike Lawrence, retired director, Paul Doris B. Holleb, professor-lecturer Illinois Springfield. Executive Editor Simon Public Policy Institute, emerita, University of Chicago. David Racine, interim executive Dana Heupel Southern Illinois University Bethany Jaeger, management Carbondale. director, Center for State Policy and consultant, Kerber, Eck and Leadership, University of Illinois EDITORIAL VICE CHAIR Braeckel, Springfield. Springfield. Statehouse Bureau Chief Dawn Clark Netsch, professor of law Jeff Mays, president, Illinois Business J. Fred Giertz, director and professor, Jamey Dunn emeritus, Northwestern University Roundtable, Chicago. Institute of Government and Public Managing Editor School of Law, Chicago. Affairs, University of Illinois. Maureen Foertsch McKinney Brad McMillan, executive director, Columnist MEMBERS Dana Heupel, executive editor/ Institute for Principled Leadership Charles N. Wheeler III MarySue Barrett, president, director, Center Publications. in Public Service, Bradley Associate Editor Metropolitan Planning Council, University, Peoria. Beverley Scobell Chicago. MEMBERS EMERITUS Laurence J. Msall, president, The Graduate Research Assistant Cynthia Canary, former executive (years served on board in parentheses) Civic Federation, Chicago. Eliot Clay director, Illinois Campaign for Michael J. Bakalis (1983-2001) Editorial Assistant Political Reform, Chicago. Sylvia Puente, executive director, James M. Banovetz (1986-2005) Debi Edmund Robert J. Christie, vice president, Latino Policy Forum, Chicago. James L. Fletcher (1983-2000) government relations, Philip J. Rock, attorney, Rock, Fusco David Kenney (1978-90) BUSINESS Northwestern Memorial Hospital, & Associates, LLC, Chicago. Louis H. Masotti (1978-92) Business Manager Chicago. John R. Rosales, director of Chicago James T. Otis (1975-94) Toni L. Langdon Kathleen Dunn, vice president, City Colleges, south Chicago David J. Paulus (1988-94) Marketing & Circulation Director government relations, Illinois campus. Carl Shier (1978-87). Rachel Lattimore Hospital Association, Springfield. Valerie Denney, president, Valerie Tom Ryder, attorney, W. Thomas Illinois Issues is published by Denney Communications, Ryder, LTD, Springfield. Center Publications Chicago. Charles W. Scholz, attorney, Quincy. Center for State Policy and Jim Edgar, senior fellow, Institute of Jhatayn “Jay” Travis, program officer, Leadership Government and Public Affairs, The Woods Fund of Chicago. http://cspl.uis.edu University of Illinois. 4 January 2013 1 Illinois Issues 1 www.illinoisissues.uis.edu IllinoisIssuesIllinoisIssues Contents Volume XXXIX, No. 1 A publication of the University of Illinois Springfield Departments Features Editor’s note Lame ducks not held accountable to voters by Dana Heupel 3 State of the state Testing teachers Tammy Re-entry ‘Least popular’ doesn’t As new performance Duckworth Former prisoners face tell whole Quinn story evaluations are She defeated a Tea a host of problems implemented, the Party darling to once they leave the by Jamey Dunn 6 state’s education become the first corrections system. community is Asian-American Noteworthy 8 challenged like never woman to serve by Molly Parker 30 before. Illinois in Congress. The issue was designed by People 34 by Kerry Lester 17 by Kenneth Lowe 24 Patty Sullivan. The cover photograph comes courtesy Letters 36 of defense.gov. Ends and means New lawmakers to take on weighty issues by Charles N.
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