As the gavel passes to a new Democrat in the Illinois House for the first time since 1983, employers and those who represent them are hopeful the end of longtime Illinois House Speaker Michael Madigan’s tenure at the top of Springfield’s hierarchy will open new opportunities for reform and dialogue in the state capitol.
This week, Illinois’ Democrat-dominated state House of Representatives made history, electing as the new Speaker of the House Rep. Emanuel “Chris” Welch, of Hillside.
Welch’s ascension marked the first time the state House would be led by a person who is Black.
Illinois Civil Justice League President John Pastuovic
Welch’s election does not mark the first time a Black individual has led one of the General Assembly’s houses. State Sen. Emil Jones, D-Chicago, was president of the Illinois Senate from 2003-2009.
Welch’s election also made history by marking the first time the Speaker’s chair would be filled by any Democrat other than Madigan for the first time in nearly four decades, and the first time it would be filled by anyone other than Madigan since 1997.
In 1995, Republicans briefly secured control of the state House. Democrats, however, quickly retook control and reinstalled Madigan to the post he has held ever since.
Madigan’s tenure as the longest serving House Speaker in U.S. history came to an abrupt end in January, after a group of 19 Democrats pledged late last year to oppose Madigan’s reelection as Speaker, pointing to an ongoing federal corruption probe involving Madigan’s political organizations and electrical utility company ComEd.
The probe centered on accusations that ComEd agreed to hire Madigan friend and allies, and carry out other requests at Madigan’s request, to win Madigan’s support for legislation sought by ComEd. Federal prosecutors and several civil lawsuits have asserted the alleged scheme allowed the company to then reap an estimated hundreds of millions of dollars more from Illinois electricity customers than the company otherwise would have.
Madigan has not been indicted or charged with wrongdoing.
The allegations, however, were enough to leave him consistently short of the 60 votes from his fellow House members that he would need to win reelection as Speaker of the House.
Earlier this week, Madigan announced he was suspending his campaign for Speaker.
Shortly after, Democrats who had formerly supported Madigan coalesced behind Welch, giving him the 60 votes he needs.
Democrats and left-leaning political groups congratulated Welch, hailing the selection of the state’s first Black speaker.
Welch’s election was met with more skepticism from Republicans, who asserted Welch’s role as a top Madigan lieutenant in the House may mean little change in how Springfield would operate. They particularly pointed to Welch’s work as chairman of a House committee empaneled to purportedly investigate the allegations against Madigan.
Republicans have said Welch stifled the committee’s investigation and ran interference at Madigan's behest, shutting down the committee without allowing key witnesses to testify.
“It’s now clear that House Democrats are doubling down on allowing Madigan’s corrupt machine to continue running state government,” Illinois Republican Party Chairman Tim Schneider said in a statement released after Welch’s election.
Illinois House Republican leader Jim Durkin, R-Western Springs, noted Welch's close ties to Madigan, but said in a speech to the House that he was “extending an olive branch of cooperation” to Speaker Welch.
Durkin said he was hopeful Welch would bring change to the Speaker’s office, and would contribute to a “new image and a new future for the General Assembly.”
Business groups welcomed and congratulated Welch, as well.
The Illinois Chamber of Commerce, for instance, said: “It is no secret that Illinois faces a number of challenges including its budget and business climate, which have been exacerbated by the COVID-19 pandemic. The Illinois Chamber hopes to work collaboratively with Speaker Welch to better the state’s economy and jobs climate."
Gerald Maatman, an attorney with the firm of Seyfarth Shaw, in Chicago, who regularly represents businesses and employers, said he also was hopeful the change in the Speaker’s office could help facilitate reform and foster cooperation in Springfield.
“Voters want and are demanding a government that works for the State and its citizens and to reverse the downward spiral of problems that have befallen the Land of Lincoln,” Maatman said. “Better schools, better government, and a better environment for employers and job opportunities may well force both red and blue politicians to step to the plate to make meaningful reforms now that the Madigan era is coming to an end.”
Maatman said he and employers hope those new opportunities include meaningful reform of various state laws that have been wielded against businesses.
Trial lawyers behind Illinois’ continuous blizzard of class actions and other lawsuits have a long history of support for former Speaker Madigan, contributing millions of dollars to his campaign organizations through the years. They maintained that financial support even after Madigan found himself at the center of the federal bribery probe.
Madigan has backed trial lawyer legislative priorities for decades, contributing to what legal reform advocates have described as Illinois’ reputation as an anti-business “judicial hellhole.”
At the very end of Madigan’s tenure, for instance, the Illinois General Assembly approved, with very little debate, a trial lawyer-backed bill to rewrite the rules on how much interest courts can order defendants to pay on judgments, sharply jacking up the potential costs faced by companies from lawsuits.
Maatman particularly said he hoped for reform of the Illinois Biometric Information Privacy Act. The BIPA law has been used in recent years by trial lawyers to bring thousands of class actions against Illinois employers of all kinds and sizes.
Maatman said employers see the BIPA statute as a “gotcha law,” exposing them to potentially millions of dollars in payouts for essentially technical violations of the law’s notice and consent provisions, because they require workers to scan fingerprints to verify their identity when punching in and out of work shifts.
Maatman said employers are hopeful new Speaker Welch will give their concerns greater deference than his predecessor, particularly in light of the challenges the state faces amid the continued economic fallout from COVID-19.
“I think everything is on the table,” Maatman said. “Voters expect action and solutions to get the state out of the COVID-19 era.
“Creating conditions for businesses to recover, grow, and provide employment opportunities will be paramount. Tort reform may well figure in the mix.”
For his part, Speaker Welch carried a conciliatory tone in his post-election speech, asking supporters, opponents and doubters alike to judge him on his actions.
“Today will be the last time I talk about us as Democrats or Republicans because I want to talk about us being united,” Welch said. “We’re going to work together to move this state forward.”
But he asked the members of the House to not just listen to his words, but watch his actions.
People, Welch said, “ will believe what you do.”
John Pastuovic, president of the Illinois Civil Justice League, a legal reform advocacy group, said the quick passage, without debate, of progressive and trial lawyer legislative priorities, often in the very early hours of the morning, does not necessarily mark “a great start” to the Welch era in the Speaker’s chair.
But like Welch, Pastuovic said he hopes Welch can, indeed, find ways to work with his political opponents, to help Illinois’ business and employment environment.
“Now is not the time to be passing legislation in the dead of night that makes it more difficult for businesses to stay in business in Illinois,” said Pastuovic. “But time will tell.
“The new Speaker made an excellent statement. Now we see if his actions match his words.”