Senate Week in Review: March 8-12
SPRINGFIELD — Despite Illinois’ overwhelming deficit, Gov. Pat Quinn presented a “borrow and spend” budget on March 10 that state Sen. Dale Risinger (R-Peoria) said may be the most irresponsible budget ever submitted to the General Assembly.
Not only is the budget proposal out of balance by almost $5 billion — violating the Governor’s constitutional duty to propose a balanced budget — the plan presented by Quinn doesn’t have a single penny to back up nearly a fifth of General Funds spending.
The Governor also advanced a 33 percent state income tax increase, proposing a surcharge hike from 3 percent to 4 percent for education funding. However, Risinger said that this $3 billion increase is obviously a tactical maneuver to pressure lawmakers into increasing taxes in the short-term, with an even larger tax increase likely to be pushed following the November elections.
Lawmakers stressed that the proposal does nothing to control spending or address the state’s existing deficit. The Governor did propose $2.2 billion in reductions, but he also promised $1 billion in cuts in Fiscal Year 2010, most of which never happened.
Additionally, the “borrow and spend” plan relies on up to $9 billion in borrowing, which represents roughly one-third of proposed General Funds spending next year. Senate Republicans have long argued against borrowing as a short-sighted way to stimulate revenues, noting that Quinn doesn’t even provide a way to repay his proposed borrowing.
In response to the proposal, Risinger joins his Republican colleagues in calling for spending reductions, by limiting spending to available revenues. The caucus has offered a number of reasonable short-term and long-term recommendations — particularly relating to reforming the state’s Medicaid program and Illinois’ pension systems — which could have saved much-needed revenue and substantially reduced Illinois’ debt burden.
Also this week, Democrat lawmakers stalled a number of Senate Republican measures to increase public transparency and rein in Illinois’ substantial Medicaid costs, by voting “present” on the legislation in subcommittees.
Senate Bill 2991 would establish a $10,000 asset limit for recipients of KidCare and All Kids, while Senate Bill 2989 would limit All Kids eligibility to United States citizens and Senate Bill 2900 would require additional income verification for All Kids recipients.
Democrat lawmakers have consistently refused to advance Medicaid reforms, despite evidence that the KidCare and All Kids programs are being abused by people who are manipulating the system. Often one pay stub does not accurately reflect an applicant’s annual salary, and similarly, individuals with costly assets should not be receiving health care subsidies.
During another subcommittee, Democrat lawmakers prevented important transparency legislation from advancing by voting “present.” Senate Bill 3077 would add legislators and legislative employees to those whose salaries are posted on the Illinois Transparency and Accountability Portal Web site database.
The Accountability Portal is a searchable database that was approved by lawmakers last year. It provides the public with information concerning state employees, state expenditures, contracts, and tax credits.
Senate Bill 3077 was introduced after it became apparent that the law was drafted in a way that excluded legislators and legislative employees. By blocking the measure from advancing, Senate Democrats show they aren’t serious about improving transparency in state government.
Finally, the Governor signed Senate Bill 1425 into law (PA 96-0885), which will allow him to short-term borrow $250 million for Medicaid without approval by the Comptroller or the Treasurer. Republican lawmakers strongly opposed the measure, pointing to the $11 billion that the state has borrowed since 2003 — with interest costs topping $100 million.
Legislation approved by the Senate this week includes:
Aggravated Assault (SB 2488): Raises the penalty on aggravated assault against a police officer when the offender uses a deadly weapon.
Apprentice Hunter (SB 3603): Provides that an Apprentice Hunter License may be issued to a person of any age, and that a person with an Apprentice Hunter License who is at least 18 years old must be supervised by a validly licensed resident or nonresident hunter who is 21 years old or older.
Assistant Principals (SB 3014): Establishes in law the position of assistant principals, their duties and evaluation practices.
Community Colleges (SB 2615): Gives community college districts two financial tools to help manage the current fiscal situation by changing the limit on bonding for working cash funds from the current 75 percent to 150 percent of the allowed tax sources and allowing the board to establish a line of credit with a financial institution.
Criminal Liability (SB 3028): Raises the fine amount for strict criminal liability on a misdemeanor offense from $500 to $1,000.
DD Worker Pay Increase (SB 3291): Authorizes wage and benefit increases, subject to appropriation, for developmentally disabled community service providers and Intermediate Care Facilities for the Developmentally Disabled Direct Care Workers.
Dog Fighting (SB 3628): Increases penalties for knowingly providing a place within 1,000 feet of a school, playground, park or child care facility for dog fighting purposes.
Electronic Cigarette (SB 3176): Prohibits certain nicotine delivery products from being sold unless they have been approved by the FDA as smoking cessation products.
Emerging Technology (SB 3654): Creates a grant program and tax incentives for businesses that advance emerging technologies, specifically relating to science and medicine.
Genetic Testing (SB 2606): Requires DNA testing for a paternity test to be of a type reasonably relied upon by experts in the field of genetic testing and performed in an accredited testing laboratory.
Hepatitis (SB 2601): Requires all new nursing home admissions to be verbally screened for risk factors associated with Hepatitis B, Hepatitis C and HIV.
Home Repair Fraud (SB 3645): Increases the penalty on home repair fraud committed on a project intended to assist a disabled person.
Homestead Exemption (SB 2992): Expands the senior freeze to allow a homeowner to substitute “disability” for the age criterion.
Homestead Exemption Veterans (SB 3666): Allows a disabled veteran to keep the disabled veterans homestead exemption if she/he goes to a nursing home or VA facility, as long as the house is either unoccupied or used by the spouse.
LLC (SB 2807): Allows a limited liability company, limited partnership or limited liability partnership to serve as a registered agent for a corporation.
Mental Health (SB 3039): Authorizes the disclosure of mental health pharmaceutical records to medical practitioners/primary care physicians.
Methamphetamine (SB 2952): Strengthens penalties for the illegal purchase, receipt or acquisition of more than 7,500 milligrams within a 30-day period of methamphetamine precursors ephedrine or pseudoephedrine.
Police Complaint (SB 3304): Provides a procedure for police officers who witnessed the commission of a misdemeanor to sign a complaint sufficient to charge the defendant with the misdemeanor offense.
Prosecution (SB 2983): Provides that when a complaint supported by a sworn affidavit against a sworn police officer is found to contain false information, the matter must be referred to the State’s Attorney to determine whether to pursue prosecution.
Rehabilitation Center (SB 2527): Provides for five authorized community-based residential rehabilitation center alternative health care models, instead of two such models.
School Interfund Transfers (SB 3117): Extends the sunset of June 30, 2010, to June 30, 2013, for allowed interfund transfers for one-time, non-recurrent expenses of school districts.
Seatbelt Safety (SB 3272): Requires the driver of a motor vehicle transporting a passenger who is unable to properly adjust and fasten a seat safety belt, but who is not exempted from wearing a seat safety belt, to secure the passenger in a properly adjusted and fastened seat safety belt.
Sex Offender Registration (SB 3176): Requires a sex offender or sexual predator to register with the appropriate law enforcement agency if the offender is residing in that jurisdiction for a period of time of three or more days (currently five or more days), and requires a sex offender or sexual predator who is temporarily absent from his or her current address of registration for three or more days to notify the law enforcement agency that has jurisdiction over the current registration, including the itinerary for travel.
Speed Limit (SB 2804): Allows local authorities with low-density population areas to lower a speed limit to 25 mph (currently, 35 mph).
Street Gang (SB 3695): Imposes an additional $100 fine on a criminal offense committed by a street gang member.
Township Assessor (SB 3172): Allows state certification as a general real estate appraiser to satisfy eligibility to serve as a township or multi-township assessor.
Veterans Compensation (SB 3128): Includes recipients of the Afghanistan Campaign Medal and the Iraq Campaign Medal on the list of veterans entitled to receive compensation in the amount $100 for their service.
Violent Offender Registration (SB 3305): Requires individuals convicted of domestic batter, aggravated battery, heinous batter, ritualized abuse or an attempt to commit those crimes to register as a Child Murderer and Violent Offender Against Youth.
Weapons Reporting (SB 3546): Requires a railroad police force to report to state and local law enforcement when it receives notification that a shipment of firearms, explosives, or other weapons is reported as stolen or missing.
Legislation approved by Senate Committees this week includes:
Health Insurance (SB 2493): Provides that a group health plan or a health insurance issuer offering group or individual health insurance coverage may not impose any pre-existing condition exclusion.
Food Service Certification (SB 3377): Creates a food service manager certification program to ensure better food service training for food service managers.
Tollway Position (SB 3118): Creates a new Inspector General position at the state Toll Highway Authority to detect, deter and prevent fraud, corruption and mismanagement.
Scientific Permits (SB 918): Provides for the issuance of scientific and specific use permits for anyone older than 18 to allow for the marking and handling of plants and animals.
Dog Tethering (SB 2580): Prohibits tethering a dog outdoors between 10 p.m. and 6 a.m., except temporarily for a period of 15 minutes, or if it has adequate shelter and protection from the weather.
Personal Flotation Devices (SB 3060): Requires sole occupants in a boat that is less than 26 feet long to wear a personal flotation device.
School Management (SB 3515): Makes numerous changes to aid school management relating to paying bills, record-keeping requirements, contracts, school board members, student discipline and teacher requirements.
Lead Vehicle Weights (SB 3347): Bans using or selling lead vehicle wheel weights after Jan. 1, 2012.
Electronic Waste (SB 3721): Requires television manufacturers to report to the Environmental Protection Agency the weight of televisions it sold to individuals at retail in Illinois.
GPS Devices (SB 3716): Limits the kinds of GPS devices truck drivers may use.
Sexting (SB 2513): Establishes that a minor who electronically disseminates an indecent image can be brought into juvenile court for a proceeding to determine if they are a minor in need of supervision, and makes it a misdemeanor crime for any person, regardless of their age, to possess an explicit visual image transmitted to them by a minor.
Military Reenactment Groups (SB 2578): Allows any nationally recognized military re-enactment group to possess vintage rifles or modern reproduction rifles with a barrel length of less than 16 inches for military reenactment purposes.
Sex Offenders (SB 2824): Prohibits sexual predators and child sex offenders from being in a public park or loitering within 500 feet of a public park.
DUI (SB 3029): Updates current cross-references to the DUI statute of seizure and forfeiture of vehicles used in the commission of an offense.
Aggravated Vehicle Assault (SB 3030): Raises the penalty on aggravated assault, when a person drives a motor vehicle at or towards a pedestrian in a manner that reasonably leads the pedestrian to believe they will be struck by the moving vehicle.
Eye Tattoos (SB 3359): Prohibits tattooing of the eye.
Drug Paraphernalia (SB 3734): Prohibits as drug paraphernalia tobacco cigar wrappers known as blunt wraps, unless used in the manufacture of cigars.
Speeding Penalty (SB 3796): Increases the penalty for driving a vehicle at a speed that is 30 miles per hour or more but less than 40 miles per hour in excess of the posted speed limit.
Smoke Detectors (SB 3097): Requires any facility unit or any dwelling unit that is newly constructed, reconstructed, or substantially remodeled on or after Jan. 1, 2011, that has smoke detectors permanently wired into the structure’s AC power line must include an alternative back-up battery power source.
Non-resident Emergency Services (SB 2637): Allows municipalities to charge non-residents fees for fire and rescue emergency services, not to exceed $250 per hour.
