Senate Week in Review: April 19-23
SPRINGFIELD — With little more than two weeks before the scheduled May 7 adjournment deadline, legislators were busy working on bills in committee, though the Governor’s Fiscal Year 2011 budget proposal took center stage mid-week, according to state Sen. Dale Risinger, R-Peoria.
Quinn’s budget proposal was regarded by many as less of a “plan,” and more of a “wish list.” Once again, Quinn is advancing a proposal that lacks significant spending cuts, and relies on tax increases and massive borrowing.
The Quinn Administration is touting $2.2 billion in budget cuts that Republicans say do not exist, and he’s purposely ignoring mandated spending increases tied to his plan, including $1.3 billion in education cuts he never intended to implement; $400 million MAP shell game; $300 million local government’s share of income tax; and $400 million in required spending for debt service on his pension and tobacco securitization bonds.
Risinger said when you add it up, the real cuts amount to $200 million, but the Governor has not identified where he plans to get those cuts. However, looking at his record, it’s likely Quinn will be reluctant to make real cuts in spending.
Last year, the Governor said he would make $1 billion in budget cuts, yet implemented a Fiscal Year 2010 budget that was actually $1.2 billion more than what he had pledged. Quinn has on many occasions advocated for cuts and then immediately backtracked; now he’s counting cuts that don’t exist, and which he has no will or intention to implement.
The Governor is also assuming a 33 percent tax increase — the largest in the history of the state — and he wants to impose $700 million in new taxes on consumers and employers, including $231-$316 million in recycled Blagojevich-era tax hikes that were previously rejected by the Legislature, and $50-$55 million in Blagojevich-endorsed tax hikes that were enacted by the General Assembly but later repealed. Also included is $80-$190 million in new taxes on consumers, including a tax on downloading music and video, as well as a $200 million cigarette tax increase. But, as has become common with Quinn, once the new consumer taxes became public, he quickly tried to distance himself from his own proposal, declaring Thursday that the download tax was simply a suggestion and claiming he was never in favor of the tax.
Borrowing is also back on the table, with Quinn hoping to borrow an additional $6 billion. This includes $3.7 billion in pension bonding and a $1.35 billion “pay day loan” against tobacco proceeds. He’s also expecting to borrow $1 billion from state special funds.
Despite the state’s dismal financial state, Democrat lawmakers killed legislation to limit Illinois’ Seniors Ride Free program to the state’s lowest-income seniors, and allow all senior citizens to ride at half fare.
House Bill 4654 would have tied the free rides for seniors program to the same qualifications that are in place for the state’s Circuit Breaker program. Citizens who are 65 or older living in a one-person household with an annual income of $27,610 or less, or a two-person household that brings in less than $36,635, would have qualified for free transportation on Metra, PACE and the CTA.
The measure could have saved Illinois $50 million annually, which would forestall service cuts and rate hikes on all riders. It was noted that even if a senior citizen exceeds the income limits for a free ride, they would have only been required to pay half price for the fare. An estimated 30 percent of senior citizens currently enrolled in the program would have continued to ride free of charge, and the remaining seniors would have benefited from a half-price discount — the same discount they received before the free rides program was implemented.
Illinois’ Regional Transportation Authority (RTA) has consistently struggled to stay on top of its financial obligations, and RTA authorities say the Seniors Ride Free program creates an additional burden. Talks of eliminating routes, layoffs and fare hikes have once again forced lawmakers to reexamine the controversial free rides program, which was advanced by former Gov. Rod Blagojevich in 2008. Similar legislation was introduced last year, but that too was stalled by the Democrat majority in committee.
Senate legislation that passed the General Assembly during the week includes:
Pack animals (SB 2632): Provides that Department of Natural Resources is to preserve and facilitate the use of public land by pack and saddle animals, and must post a notice of closure at the trailhead when there is a trail closure.
Public indecency (SB 2589): Increases the penalty for public indecency and sexual exploitation of a child, when the offense is committed by a person older than 18 on or within 500 feet of school grounds when children are present.
Fake ID (SB 3169): Provides that information concerning a non-existent address or altered photo used on a State identification card or driver’s license is false information for the purposes of prosecuting a fictitious or altered card or license.
Electronic notice (SB 3183): Permits the county clerk’s office to send electronic notices that a statement of economic interest is required to hold, run for, or be appointed to an office, applicable only to those persons appointed to the governing board of a local government, zoning boards, planning commissions, etc.
Commission to End Hunger (SB 3158): Authorizes the Department of Human Services to create the Commission to End Hunger to develop an action plan every two years, review the progress of this plan, and ensure cross-collaboration among government entities and community partners toward the goal of ending hunger in Illinois.
Veterans (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 of $100 for their service.
Honey regulation (SB 2959): Provides that the Department of Public Health may not regulate honey that is left in the comb or that is removed from the comb and in an unadulterated condition, and prevents DPH from regulating or inspecting a producer’s honey house if the producer is engaged in the sale of honey at a local market and packs or sells less than 500 gallons of honey produced in Illinois per year.
Home repair (SB 2540): Provides that any person who suffers damages as a result of a violation of the Home Repair and Remodeling Act may pursue legal recourse for consumer fraud or deceptive business practices.
Fraud (SB 3645): Increases the penalty on home repair fraud committed on a project intended to assist a disabled person.
Motor Fuel Tax distribution (SB 3462): Changes the manner in which township road districts get their Motor Fuel Tax distribution from the state, and provides that a road district would receive an allotment of Motor Fuel Tax if the road district levees any special tax for road purposes.
Loans (SB 3719): Authorizes the Illinois Finance Authority to issue State Guarantees to lenders for loans to farmers and Illinois agribusiness, and also authorizes the Authority to insure and make advance commitments to insure all or any part of the payments required on the bonds issued or loans made to finance any agricultural facility, project or program under the agricultural assistance portion of the program.
COBRA (SB 3004): Revises COBRA health insurance coverage to align with changes in federal law.
Repeal extension (SB 2802): Extends the repeal date for the Business Enterprise for Minorities, Females, and Persons with Disabilities Act to June 30, 2012.
DNA testing (SB 2606): Modernizes archaic language included in the provisions regarding DNA testing.
Penalty increase (SB 2488): Raises the penalty on aggravated assault against a police officer, when the offender uses a deadly weapon.
Public parks (SB 2824): Prohibits sexual predators and child sex offenders from being in a public park or loitering within 500 feet of a public park.
Reckless driving (SB 2951): Prohibits a driver from recklessly driving unnecessarily close to a bicyclist, pedestrian, person riding a horse, or person driving an animal-drawn vehicle.
Sex offender registration (SB 2462): Requires a sex offender registering after release from prison, to provide the law enforcement agency where he or she is registering with a copy of the terms and conditions of his or her release from prison.
Administrator certifications (SB 2537): Makes changes with respect to how prospective school administrators can earn necessary certification/endorsements.
Community college funding (SB 2615): Increases the limit on bonding for working cash funds and allows for the establishment of a line of credit for community college boards.
Preschool for All (SB 2594): Eliminates the sunset date of June 30, 2010, on the Preschool for All program.
Emergency vehicles (SB 2794): Designates emergency services and disaster agency vehicles as authorized emergency vehicles.
Ordinance notice (SB 2614): Provides that when the corporate authorities of a municipality propose a local improvement that is estimated to cost more than $1 million, the municipality may post notice of the proposed ordinance at least 10 days prior to acting on the ordinance on the municipal Web site, instead of publishing the notice.
Real estate (SB 3018): Allows for reinstatement of a managing broker, broker, or leasing agent license if that license has been expired for more than two years but less than five years, if certain conditions are met.
Student athletes (SB 2542): Requires agents for student athletes to register with the Illinois Department of Financial and Professional Regulation and provides the student athlete with several protections including contract requirements (including “opt out” options) and “eligibility” safeguards.
Alternative health care (SB 2527): Provides for five authorized community-based residential rehabilitation center alternative health care models, instead of two such models.
Child death program (SB 2533): Reduces the three-year pilot program of the Child Death Investigation Task Force in the Southern Region of the State to an 18-month pilot program.
Cosmetology threading (SB 2799): Adds “threading” (hair removal) to the Barber, Cosmetology, Esthetics, and Nail Technology Act, and requires that only a licensed cosmetologist will be able to perform “threading.”
Emergency volunteers (SB 2541): Allows IEMA to coordinate health or veterinary services while an emergency declaration is in effect.
MRSA screening (SB 2981): Repeals the Jan. 1, 2011, sunset date under the MRSA Screening and Reporting Act.
Pediatric care (SB 2931): Requires the Illinois Department of Healthcare and Family Services to create a Pediatric Palliative Care Pilot Program under which a qualifying child may receive community based pediatric palliative care from a trained interdisciplinary team while continuing to pursue aggressive curative treatments for a potentially life-limiting illness.
Swimming facilities (SB 3057): Creates a three-tier system of violations types under the Swimming Facility Act and empowers the Illinois Department of Public Health to charge fines.
LLC fees (SB 2553): Requires all fees collected by Illinois Department of Financial and Professional Regulation for LLC professional registration certification to be deposited into the General Professions Dedicated Fund.
Attorney’s fees (SB 2514): Provides that an attorney who withdraws from representing a representative must file a petition for fees and costs within 30 days after the withdrawal is approved by the court.
Trust beneficiary (SB 2509): Provides that a beneficiary of a trust may not be considered to be a settler or to have made a transfer to the trust merely because of a lapse, release, or waiver of his power of withdrawal to the extent that the value of the affected property does not exceed the amount allowed by the Internal Revenue Code.
Commercial driver’s licenses (SB 2993): Brings the section of the Vehicle Code dealing with Commercial Driver’s Licenses into conformance with federal law.
Speed limits (SB 2804): Allows local authorities with low-density population areas to lower a speed limit to 25 mph (current law is 35 mph).
Bills approved by Senate committees this week include:
Accident research (HB 5330): Provides that upon request, the Department of Transportation shall furnish copies of its written accident reports to federal, state and local agencies that are engaged in highway safety research and studies.
Non-compliance permission (HB 4711): Permits school districts/private schools to not comply with new unfunded statutory or regulatory mandate, passed after the effective date of the legislation, unless a separate appropriation is made.
Substitute teachers (HB 5863): Requires any person who desires to substitute teach in Illinois, regardless of the type of teacher’s certificate he or she holds, to register as a substitute teacher with the regional superintendent of schools in each educational service region where the person will be employed.
Disability review teams (HB 5152): Creates a system of independent review teams to hold inquiries into the deaths of persons who live in state-operated facilities for those with developmental disabilities and/or mental illness.
Medicaid accountability (HB 5241): Creates the Medicaid accountability through transparency program, which could lead to federal matching funds at a rate of 90 percent.
Ambulance reimbursement (HB 5331): Seeks to increase Medicaid ambulance reimbursement rates at 100 percent the Medicare rate for rural counties and 80% of that rate for all other counties. Subject to appropriation.
Dental clinic (HB 5859): Authorizes the Illinois Department of Healthcare and Family Services to develop a system to allow dental payments to be made to a clinic so that a volunteering dentist doesn’t have to enroll as a provider.
Open Meetings (HB 1026): Exempts the Metropolitan Enforcement Government law enforcement groups from the provisions of the Open Meetings Act.
Closed meeting (HB 4928): Allows closed meeting for an elder abuse fatality review team’s review of a death in which abuse or neglect is alleged, suspected or substantiated.
Inspector General (HB 5132): Requires the Inspector General to be responsible for investigating reports of actions of mental, physical, or sexual abuse, neglect, egregious neglect, or financial exploitation made to DHS and across agencies, within 24 hours of the claim being received by the Inspector General of DHS.
Guardianship legal fees (HB 5894): Provides that in all guardianship proceedings, no guardian ad litem or legal fees shall be assessed against the Department of Human Services Office of Inspector General.
Adoption consent (HB 6080): Amends the Adoption Act with relation to forms for consent to adoption and birth parent rights, so that forms for consent to adoption will be required to have an acknowledgment that the birth parent received and had time to read the Birth Parent Rights and Responsibilities Private Form before signing consent.
Children’s jewelry (HB 5040): States no person may manufacture, knowingly sell, or distribute children’s jewelry containing cadmium, a toxin.
Transport standards (HB 5183): Provides for the creation of minimum standards by the Illinois Department of Public Health for “Critical Care” transport.
Bed bugs (HB 6439): Creates a subcommittee to develop a report on how to prevent, manage and control bed bug infestations.
Higher learning (HB 6206): Changes the allowable institutions from MAP-eligible institutions to an institution of higher learning as defined in the Higher Education Student Assistance Act; Changes allowable expenditures from tuition and fee payments to “registration fee payments”; Allows benefits to be used at for-profit, out-of-state institutions of higher education.
Municipal elections (HB 5727): Sets the number of candidates that advance to the general consolidation election in municipal races and establishes new requirements for write-in candidates.
Agriculture fees (HB 4866): Proposes numerous Department of Agriculture fee increases and establishes new fees on agricultural industries, including Weights and Measures, Egg and Egg Products, Environmental and Pesticide Programs, Agricultural Products Inspection and Commercial Feed, Animal Disease Laboratories, and Certified Livestock Managers. Staggers pesticide product registration to keep the fund balances low so that sweeps are less likely, and allows the Department to seize and hold eggs from any person or business that is not licensed under the Egg and Egg Products Act and should be licensed.
Municipal debt (HB 4837): Exempts municipalities with bonded debt of less than $500,000 and with a population of fewer than 200 from the annual audit requirement. Requires an audit every four fiscal years.
Fraternity/sorority safety (HB 5664): Requires fraternity and sorority houses on college campuses to install fire sprinkler systems.
Payment (HB 6062): Requires Cook County to accept credit cards for property tax payments.
School care plan (HB 6065): Allows parents to submit a diabetes care plan for students with diabetes.
Age exemptions (HB 4782): Exempts short-term travel, disability income, long-term care, accident only, or limited or specified disease policies from provisions of the Insurance code requiring coverage to be provided to unmarried dependents until the dependent’s 26th birthday.
Cancer medication (HB 5085): Requires insurance companies to cover orally-administered chemotherapy in a manner similar to chemotherapy administered intravenously and also requires insurance coverage for qualified clinical cancer trial medications.
Prescription cards (HB 5527): Requires a discounted health care services plan administrator to provide its beneficiaries and insured customers with a card containing uniform prescription drug information.
Employee credit (HB 4658): Prohibits an employer from inquiring about an applicant or employee’s credit history or refusing to hire or discriminating against an individual due to their credit history unless a good credit history is a “bona fide occupational requirement” of the position, but provides certain exemptions for banks, financial institutions, and certain law enforcement and investigative agencies.
License revocation (HB 4580): Provides that the Secretary of State must immediately revoke the driving privileges of any person who has been convicted of an offense that involved the unlawful operation of a motor vehicle that caused or contributed to an accident resulting in the death of any person.
Sex offenders (HB 4675): Prohibits a convicted child sex offender to knowingly operate, manage, be employed by, or be associated with a local fair when persons younger than 18 are present.
Reckless driving (HB 4779): Allows the court discretion to impose, in addition to any other fine or penalty, an additional criminal penalty on reckless driving or speeding 40 mph over limit up to $100 (first offense) and $500 (subsequent offense) per public agency providing an emergency response on the violation.
Sexual predator registration (HB 5043): Requires lifetime registration as a sexual predator under the Sex Offender Registration Act for a sexually-motivated first degree murder of a person younger than 18 by a person at least 17; kidnapping or unlawful restraint of a person younger than 18 by someone who is not the child’s parent; child abduction by luring a child younger than 16 without the consent of the child’s parent; and sexual misconduct with a person with a disability.
Shaken baby (HB 5762): Requires registration under the Child Murderer and Violent Offender Against Youth Registration Law for a person convicted of involuntary manslaughter or endangering the life/health of a child, where baby shaking was the proximate cause of the child’s death.
Firearm possession (HB 5832): Requires mandatory imprisonment of 1-3 years for a first offense of aggravated unlawful use of weapons committed by a person 18 or older, who possessed a loaded and uncased firearm; possessed an immediately accessible, unloaded and uncased firearm, with accessible ammunition; or did not have a valid FOID card.
Lie detector test (HB 5931): Adds to the current prohibition on law enforcement requiring the alleged victim of a sex offense to submit to a lie detector test as a condition of investigation or prosecution that law enforcement must not even ask a victim to submit to a lie detector test.
Sex offender custody (HB 6464): Makes it unlawful for a parent or guardian to leave their child in the custody or control of a convicted child sex offender, and requires registered child sex offenders to report to law enforcement whether they reside in a household with a child younger than 18 who is not their own child.
