By Jamey Dunn
The fast pace of the end of the regular legislative session can make things kind of a blur, and much of the focus tends to fall on the budget. But lawmakers considered several other issues in the final days of May.
What passed
Voters could be asked several questions on the November ballot. In addition to two constitutional amendments approved by lawmakers—and potentially two amendments proposed through citizen initiatives—three advisory referendum questions might also be presented to voters. The questions are not legally binding and only gauge voters’ opinions on policy. (For more on the proposed constitutional amendments, see this month's Illinois Issues.)
House Bill 3816 calls for an advisory question on whether personal income over $1 million should be taxed an additional 3 percent to raise money for schools.
HB 5755 calls for a question asking voters whether insurance plans that cover prescriptions should be required to cover prescription birth control. The requirement has been state law since 2004, but supporters say they want voters to weigh in because the contraception coverage provisions in the Affordable Care Act are currently being challenged in court.
HB 3814 would seek input from voters on the state’s minimum wage. The measure contains a ballot question that asks if the minimum wage should be increased from the current $8.25 per hour to $10 per hour by 2015.
HB 0008 would create protections for expectant mothers in the workplace. The legislation would require employers to make “reasonable accommodations” so women can stay on the job while pregnant without threatening their safety or the safety of their unborn children. Gov. Pat Quinn supports the bill and is expected to sign it into law.
SB 2187 would allow psychologists to prescribe medication when working collaboratively with a doctor. The legislation would require that psychologists apply for a special license to be allowed to prescribe medication.
HB 0105 would make sweeping changes to election rules in Illinois. It would extend in-person early voting hours and remove the requirement that early voters present identification. Voters would also be allowed to register on election day. The legislation would also allow in-person absentee voting on college campuses on election day. Quinn has said he plans to sign the bill.
SB 0352 would allow the state to collect sales taxes from online businesses, such as Groupon, that sell promotional deals and coupons. The move comes after the Illinois Supreme Court struck down the state’s attempt to tax online retailers, such as Amazon, through their connections with Internet marketers based in Illinois.
SB2352 would create an independent ombudsman to oversee the Illinois Department of Juvenile Justice. The department has entered into a legal consent decree that requires it to improve education, mental health treatment and safety for detainees. Experts who created recommendations for the department found that juvenile detention centers were not offering the education required by law and lacked adequate mental health staffing. Fifteen percent of youth in the state’s system reported, as part of a Justice Department survey, that they had been sexually assaulted by other inmates or staff.
What failed
SB 0649 would have cut the Department of Natural Resources out of setting the rules for fracking in the state, but the bill lacked the votes needed to pass. Supporters said that IDNR is taking too long to set the rules for the controversial method of extracting oil and natural gas. Opponents argued that the department needs time to ensure that the rules protect the water supply and Illinois residents.
SB 2694 The Senate voted to reject changes made in the House to a bill that was geared toward protecting adults from online revenge. The proposal would have made it a felony to post online sexual images without the permission of the subject of the photo or video. The lead sponsors from each chamber could not agree on the final language so the legislation fizzled out on the last day of session. According to the National Conference of State Legislatures, eight states have so-called revenge porn laws. Anti-stalking laws in some other states also cover such scenarios.
HB 3836 would have broken the Abraham Lincoln Presidential Library and Museum away from the Illinois Historic Preservation Agency. Under the plan, the Springfield-based museum and library would have become its own state agency. The House approved the bill, but the Senate did not vote on it.
SB 0016 would have changed the way the state gives money to schools. The legislation calls for more of state funding to be distributed based on local need. The Senate approved the plan, but the House did not take it up for a vote.
Showing posts with label Legislation. Show all posts
Showing posts with label Legislation. Show all posts
Tuesday, June 03, 2014
Tuesday, May 13, 2014
What to watch: legislation edition
By Jamey Dunn
With three weeks left in the regular session lawmakers have plenty of issues to consider. The House is expected to start taking budget votes this week, but Democratic leaders in the chamber have yet to secure the support needed to approve an extension of the current tax rates. Meanwhile, lots of legislation will begin to fly out of each chamber as deadlines for passage approach. Here are some measures to watch for:
Minimum wage increase
A proposal to incrementally increase the state’s minimum wage from $8.15 an hour to $10.65 an hour by 2016 has the support of Gov. Pat Quinn and Senate President John Cullerton. Sen. Kimberly Lightford, a Maywood Democrat, said earlier this year that she had been working with business groups on Senate Bill 68 to try and make it more palatable. But she will likely never be able to get business leaders to remain neutral on the bill, let alone support it. Cullerton says that the bill has the support to pass in the Senate. House Speaker Michael Madigan said recently that he did not have to votes to pass the bill in his chamber, but that could change as end of session deals are worked out. The proposal currently does not have a house sponsor.
Republican Sen. Jim Oberweis, who is from Sugar Grove, has proposed increasing the minimum wage to $10 over three years. But the increase in his proposal, SB 2004, would only apply to workers who are 26 or older. Oberweis is challenging Democratic U.S. Senator Dick Durbin. Oberweis has only filed a handful of other bills, which are mostly related to increasing speed limits and allowing car sales on Sundays. It seems that politics might be a factor in his decision to weigh in on this national issue.
Revenge porn
There are two bills, one originating from the Senate and once from the House, that would make the it a crime to post explicit photographs or video of someone online without their permission. Sponsors Highwood Democratic Rep. Scott Drury and Democratic Sen. Michael Hastings, who is from Orland Hills, are reportedly working to iron out the differences between both bills. If they can come to an agreement, it seems likely that the measure would be approved by the General Assembly. Both House Bill 4320 and SB 2694 passed in their respective chambers with overwhelming majorities.
Rape statute of limitations
A proposal that would start the time for the statute of limitations on sexual assault cases at the point when a rape kit is processes could get a hearing in a House committee tomorrow. Currently, the countdown on the statute of limitations begins at the time of the assault. The legislation comes in response to a recent backlog in rape kits. At one time the Illinois State Police had more than 4,000 untested kits. The backlog has since been cleared. The bill is SB 2609.
Smoking ban on campus
SB 2202, which would ban smoking on public college campuses is positioned for a floor vote in the Senate. The measure would apply to all university property and would let universities decide what the penalty would be for those who violate the ban. Opponents to the proposal argued that smoking policy decisions should be left to university trustees. The House approved the bill in April.
Regulation of ride-share startups
A hotly contested proposal to regulate ride-sharing startups, such as Uber and Lyft, could come up for a vote in a Senate hearing tomorrow. HB 4075 passed in the House in April. Ride-sharing companies link passengers up via their smartphones with drivers, who use their own vehicles. But the well-regulated taxi industry claims that ride-sharing companies and drivers are getting around the cost of doing business and skirting safety measures and inspections. Opponents to strict regulations argue that they would stifle a new and innovative business model.
Medical marijuana for epilepsy
SB 2636, would allow children with epilepsy access to marijuana as a treatment under the state’s medical cannabis pilot program. Some families have found that a liquid form of the drug helps control the disease in children with frequent seizures. Parents say marijuana oil has helped their children, who may have hundreds or thousands of seizures a day, to cut the number down to just a few. The legislation would also allow the use of the drug for adults with the disease. SB 2636 passed in the Senate in April and is currently on second reading in the House.
With three weeks left in the regular session lawmakers have plenty of issues to consider. The House is expected to start taking budget votes this week, but Democratic leaders in the chamber have yet to secure the support needed to approve an extension of the current tax rates. Meanwhile, lots of legislation will begin to fly out of each chamber as deadlines for passage approach. Here are some measures to watch for:
Minimum wage increase
A proposal to incrementally increase the state’s minimum wage from $8.15 an hour to $10.65 an hour by 2016 has the support of Gov. Pat Quinn and Senate President John Cullerton. Sen. Kimberly Lightford, a Maywood Democrat, said earlier this year that she had been working with business groups on Senate Bill 68 to try and make it more palatable. But she will likely never be able to get business leaders to remain neutral on the bill, let alone support it. Cullerton says that the bill has the support to pass in the Senate. House Speaker Michael Madigan said recently that he did not have to votes to pass the bill in his chamber, but that could change as end of session deals are worked out. The proposal currently does not have a house sponsor.
Republican Sen. Jim Oberweis, who is from Sugar Grove, has proposed increasing the minimum wage to $10 over three years. But the increase in his proposal, SB 2004, would only apply to workers who are 26 or older. Oberweis is challenging Democratic U.S. Senator Dick Durbin. Oberweis has only filed a handful of other bills, which are mostly related to increasing speed limits and allowing car sales on Sundays. It seems that politics might be a factor in his decision to weigh in on this national issue.
Revenge porn
There are two bills, one originating from the Senate and once from the House, that would make the it a crime to post explicit photographs or video of someone online without their permission. Sponsors Highwood Democratic Rep. Scott Drury and Democratic Sen. Michael Hastings, who is from Orland Hills, are reportedly working to iron out the differences between both bills. If they can come to an agreement, it seems likely that the measure would be approved by the General Assembly. Both House Bill 4320 and SB 2694 passed in their respective chambers with overwhelming majorities.
Rape statute of limitations
A proposal that would start the time for the statute of limitations on sexual assault cases at the point when a rape kit is processes could get a hearing in a House committee tomorrow. Currently, the countdown on the statute of limitations begins at the time of the assault. The legislation comes in response to a recent backlog in rape kits. At one time the Illinois State Police had more than 4,000 untested kits. The backlog has since been cleared. The bill is SB 2609.
Smoking ban on campus
SB 2202, which would ban smoking on public college campuses is positioned for a floor vote in the Senate. The measure would apply to all university property and would let universities decide what the penalty would be for those who violate the ban. Opponents to the proposal argued that smoking policy decisions should be left to university trustees. The House approved the bill in April.
Regulation of ride-share startups
A hotly contested proposal to regulate ride-sharing startups, such as Uber and Lyft, could come up for a vote in a Senate hearing tomorrow. HB 4075 passed in the House in April. Ride-sharing companies link passengers up via their smartphones with drivers, who use their own vehicles. But the well-regulated taxi industry claims that ride-sharing companies and drivers are getting around the cost of doing business and skirting safety measures and inspections. Opponents to strict regulations argue that they would stifle a new and innovative business model.
Medical marijuana for epilepsy
SB 2636, would allow children with epilepsy access to marijuana as a treatment under the state’s medical cannabis pilot program. Some families have found that a liquid form of the drug helps control the disease in children with frequent seizures. Parents say marijuana oil has helped their children, who may have hundreds or thousands of seizures a day, to cut the number down to just a few. The legislation would also allow the use of the drug for adults with the disease. SB 2636 passed in the Senate in April and is currently on second reading in the House.
Wednesday, April 02, 2014
Statehouse roundup
By Jamey Dunn
There was plenty going on at the Statehouse today, and it’s only the first week of April. A House committee approved a bill to reform Chicago’s pension system for city workers; a group of Democratic senators filed legislation that would make sweeping changes to the way the state funds schools; and the Senate voted in favor of allowing children with epilepsy to use medical marijuana. Here’s a rundown of what happened:
Chicago pension changes
Two days after Chicago Mayor Rahm Emanuel presented his proposal to stabilize the city’s pension systems for workers, a House committee approved the plan. It would ask workers to contribute more to the system and would reduce their cost of living increases. The city would increase local property taxes to bring in an additional $250 million in property taxes. The legislation is intended to cut the city’s unfunded pension liability of $19.5 billion in half over 40 years. The General Assembly must approve the plan because the city’s systems are governed by state law.
While Emanuel says he has union support for his plan, not all labor organizations are on board. John Cameron, political director for AFSCME Council 31, called the plan “clearly and indisputably unconstitutional.” Senate Bill 1992 seemed to be set up to move quickly thought the legislature today. House Speaker Michael Madigan popped his amendments onto the bill shortly before the hearing, and the Senate held its own hearing shortly after the House panel voted. But the House adjourned before taking a vote. Republican leaders said that they could not support the proposal because they had not had time to digest its contents, and they said that they would rather see a plan that included the city’s retirement systems for police, firefighters and teachers, too. “We careen from one crisis to the next,” said Senate Minority Leader Christine Radogno. “Absent a long term plan, I couldn’t advise our caucus to be in favor of this.” But supporters said that the city is talks with with those groups, too. “You can say we’ve piecemealed, but they’re different entities,” said Chicago Democratic Sen. Kwame Raoul. “This is about solving a very serious problem that impacts the city of Chicago. ... This is a product of negotiations. It’s been indicated that other negotiations are ongoing and things don’t just come to a point of resolution magically at the same time.”
Medical marijuana for epilepsy
The Senate approved SB 2636, which would allow children with epilepsy access to marijuana as a treatment under the state’s medical cannabis pilot program. Some families have found that a liquid form of the drug helps control the disease in children with frequent seizures. Parents say marijuana oil has helped their children, who may have hundreds or thousands of seizures a day, to cut the number down to just a few. Last month, an Arizona judge ruled that two parents in the state could continue treating their son with the drug. Parents of epileptic children are pushing for legislation similar to SB 2636 in other states.
Campus smoking ban
The House approved SB 2202, which would ban smoking on public college campuses. The measure would apply to all university property and would let universities decide what the penalty would be for those who violate the ban. Opponents to the proposal argued that smoking policy decisions should be left to university trustees.
Education funding
After a committee spent more than a year scrutinizing the way the state distributes funds to schools, Democratic lawmakers unveiled a proposal to revamp the education funding formula today. Bunker Hill Democratic Sen. Andy Manar, who chaired the committee, said that currently only about 44 percent of the state education spending is doled out based on local need. He said SB 16 would change that so financial need would come into play when distributing about 90 percent of funds. The proposal would also eliminate the individual block grant that is given to Chicago schools, something Republicans on the committee have supported. The plan would also require more spending transparency at the district level. Maywood Democratic Sen. Kimberly Lightford said that the debate around school funding has to move away from focusing on which districts would be funding “winners” and which would lose out on funds. “We all win. We all win. All the school districts win when dollars are going to the areas that need it the most,” she said.
Manar agreed. “The idea that we can have a few premier school districts in the state that exceed every expectation ... and have an incredible number that lag behind and call that a win in the state system is not a win in my book.” Both said that they were introducing the bill now as a jumping point for debate. “We could have waited until the last week of may negotiated behind closed doors, popped a bill out and then had a vote. That’s not the way to do this,” Manar said. “I’m hopeful that we will have a bipartisan set of cosponsors on this bill.”
Republicans in the Senate said that they had not been invited to today’s press conference and that they had not seen the 400-page bill until it was filed last night. “We welcome the discussion of fair education funding. We believe Illinois school children deserve every opportunity for a quality education — in every school in Illinois,” said a statement from Senate Republicans. “Our 2013 look at school funding found Illinois’ current funding formulas to be outdated, skewed to benefit Chicago and not performing as designed by law. We are reviewing the legislation just filed. At first blush — we have dozens of questions and comments to contribute to the discussion as it is reviewed in the Senate and perhaps the House of Representatives. We want educators, superintendents, schools boards and other education professionals to have that opportunity as well.”
Constitutional amendment for victims’ rights
Skokie Democratic Rep. Lou Lang has been pushing for years to get rights for crime victims enshrined into the state’s Constitution. The House today approved his constitutional amendment to do just that. The amendment is part of a crowded field of efforts to get changes to the document before voters. House Speaker Michael Madigan is sponsoring two amendments. One would prevent discrimination against voters in the state and another would charge a 3 percent income tax surcharge on income over $1 million. The revenue from the additional tax would be used to fund education. Both of Madigan’s amendments have been approved by House committees. There are also two separate pushes to put amendments on the ballot through a citizens initiative. One, which is spearheaded by Republican gubernatorial candidate Bruce Rauner, would impose term limits on legislators. The other, which is backed by a well-funded committee, would change the way the state draws its legislative maps by taking the task out of the hands of lawmakers.
There was plenty going on at the Statehouse today, and it’s only the first week of April. A House committee approved a bill to reform Chicago’s pension system for city workers; a group of Democratic senators filed legislation that would make sweeping changes to the way the state funds schools; and the Senate voted in favor of allowing children with epilepsy to use medical marijuana. Here’s a rundown of what happened:
Chicago pension changes
Two days after Chicago Mayor Rahm Emanuel presented his proposal to stabilize the city’s pension systems for workers, a House committee approved the plan. It would ask workers to contribute more to the system and would reduce their cost of living increases. The city would increase local property taxes to bring in an additional $250 million in property taxes. The legislation is intended to cut the city’s unfunded pension liability of $19.5 billion in half over 40 years. The General Assembly must approve the plan because the city’s systems are governed by state law.
While Emanuel says he has union support for his plan, not all labor organizations are on board. John Cameron, political director for AFSCME Council 31, called the plan “clearly and indisputably unconstitutional.” Senate Bill 1992 seemed to be set up to move quickly thought the legislature today. House Speaker Michael Madigan popped his amendments onto the bill shortly before the hearing, and the Senate held its own hearing shortly after the House panel voted. But the House adjourned before taking a vote. Republican leaders said that they could not support the proposal because they had not had time to digest its contents, and they said that they would rather see a plan that included the city’s retirement systems for police, firefighters and teachers, too. “We careen from one crisis to the next,” said Senate Minority Leader Christine Radogno. “Absent a long term plan, I couldn’t advise our caucus to be in favor of this.” But supporters said that the city is talks with with those groups, too. “You can say we’ve piecemealed, but they’re different entities,” said Chicago Democratic Sen. Kwame Raoul. “This is about solving a very serious problem that impacts the city of Chicago. ... This is a product of negotiations. It’s been indicated that other negotiations are ongoing and things don’t just come to a point of resolution magically at the same time.”
Medical marijuana for epilepsy
The Senate approved SB 2636, which would allow children with epilepsy access to marijuana as a treatment under the state’s medical cannabis pilot program. Some families have found that a liquid form of the drug helps control the disease in children with frequent seizures. Parents say marijuana oil has helped their children, who may have hundreds or thousands of seizures a day, to cut the number down to just a few. Last month, an Arizona judge ruled that two parents in the state could continue treating their son with the drug. Parents of epileptic children are pushing for legislation similar to SB 2636 in other states.
Campus smoking ban
The House approved SB 2202, which would ban smoking on public college campuses. The measure would apply to all university property and would let universities decide what the penalty would be for those who violate the ban. Opponents to the proposal argued that smoking policy decisions should be left to university trustees.
Education funding
After a committee spent more than a year scrutinizing the way the state distributes funds to schools, Democratic lawmakers unveiled a proposal to revamp the education funding formula today. Bunker Hill Democratic Sen. Andy Manar, who chaired the committee, said that currently only about 44 percent of the state education spending is doled out based on local need. He said SB 16 would change that so financial need would come into play when distributing about 90 percent of funds. The proposal would also eliminate the individual block grant that is given to Chicago schools, something Republicans on the committee have supported. The plan would also require more spending transparency at the district level. Maywood Democratic Sen. Kimberly Lightford said that the debate around school funding has to move away from focusing on which districts would be funding “winners” and which would lose out on funds. “We all win. We all win. All the school districts win when dollars are going to the areas that need it the most,” she said.
Manar agreed. “The idea that we can have a few premier school districts in the state that exceed every expectation ... and have an incredible number that lag behind and call that a win in the state system is not a win in my book.” Both said that they were introducing the bill now as a jumping point for debate. “We could have waited until the last week of may negotiated behind closed doors, popped a bill out and then had a vote. That’s not the way to do this,” Manar said. “I’m hopeful that we will have a bipartisan set of cosponsors on this bill.”
Republicans in the Senate said that they had not been invited to today’s press conference and that they had not seen the 400-page bill until it was filed last night. “We welcome the discussion of fair education funding. We believe Illinois school children deserve every opportunity for a quality education — in every school in Illinois,” said a statement from Senate Republicans. “Our 2013 look at school funding found Illinois’ current funding formulas to be outdated, skewed to benefit Chicago and not performing as designed by law. We are reviewing the legislation just filed. At first blush — we have dozens of questions and comments to contribute to the discussion as it is reviewed in the Senate and perhaps the House of Representatives. We want educators, superintendents, schools boards and other education professionals to have that opportunity as well.”
Constitutional amendment for victims’ rights
Skokie Democratic Rep. Lou Lang has been pushing for years to get rights for crime victims enshrined into the state’s Constitution. The House today approved his constitutional amendment to do just that. The amendment is part of a crowded field of efforts to get changes to the document before voters. House Speaker Michael Madigan is sponsoring two amendments. One would prevent discrimination against voters in the state and another would charge a 3 percent income tax surcharge on income over $1 million. The revenue from the additional tax would be used to fund education. Both of Madigan’s amendments have been approved by House committees. There are also two separate pushes to put amendments on the ballot through a citizens initiative. One, which is spearheaded by Republican gubernatorial candidate Bruce Rauner, would impose term limits on legislators. The other, which is backed by a well-funded committee, would change the way the state draws its legislative maps by taking the task out of the hands of lawmakers.
Tuesday, December 31, 2013
New laws will take effect in 2014
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| IDOT Map of highways where the new speed limit will apply. |
With the new year come new laws in Illinois. Two important changes for drivers will begin on January 1, and several of the state’s new laws will affect young people.
Speed limit increase
Senate Bill 2356, Public Act 98-0511 The speed limit on some Illinois interstate highways will increase from 65 miles per hour to 70 miles per hour. The new law allows for highways in some more densely populated areas to be exempted from the increase. According to the Illinois Department of Transportation, the new speed limit will apply to about 87 percent of interstate highways and about 28 percent of the Illinois Tollway.
With the new law comes the replacement of an estimated 900 speed limit signs at a projected cost of $200,000. New signs for the Illinois Tollway will cost an estimated $18,000. The department plans to start the task on January 1 and complete it by the middle of the month. IDOT says drivers must continue to obey posted speed limits until the transition is complete.
Cell phone ban
House Bill 1247, PA 98-0506 Starting on January 1, chatting on a hand-held cell phone while driving will be illegal in the state. Texting while driving is already illegal, and the new law means that drivers are not be allowed to press more than one button to dial a phone number must either use a Bluetooth device or put the phone on speaker to talk on a cell phone while driving. Those who are caught chatting on their phones behind the wheel will face a fine of at least $75. Several municipalities in the state already have bans on using hand-held phones while driving. A 2012 survey from the Chicago Tribune of 270 municipalities in the Chicago area found that more than a quarter had restrictions on cell phone use behind the wheel.
Tanning ban
HB 188, PA 98-0349 Kids younger than 18 will not be able to tan at commercial tanning salons, even if they have parental permission. The law does not apply to privately owned tanning beds, and teenagers will still be able to get spray-on tans, which do not require exposure to ultraviolet lights. Chicago and Springfield already had tanning bans for minors in place.
Electronic cigarettes
SB 1756, PA 98-0350 The sale of electronic cigarettes to minors is banned in the state. According to the National Conference of State Legislatures, Illinois joins at least 26 other states in making the sale of e-cigarettes to minors illegal.
Sexual education
HB 2675, PA 98-0441 Schools that offer sexual education will have to provide students with comprehensive and scientifically accurate information, including information on contraceptives. Schools will have discretion to decide which curriculum meets those requirements, and parents could opt to keep children out of sex education if they don’t approve of the subject matter covered.
Voting rights
HB 226, PA 98-0051 Beginning this year, 17-year-olds will be allowed to vote in primary elections if they will be 18 by the time of the general election. For example, 17-year-olds can vote in the March 18 primary if they will turn 18 by the November 4 general election.
Juvenile justice
HB 2404, PA 98-0061 Some 17-year-olds charged with felonies will remain in the juvenile justice system. In 2010, 17-year-olds charged with misdemeanors were moved to from the adult system to the juvenile system. Under the new law, all 17-year-old offenders except those who commit felonies that are automatically transferred to adult court will fall under the jurisdiction of the juvenile system
Puppy lemon law
SB 1639, PA 98-0509 Consumers who purchase cats or dogs at pet stores will now have some protections under law if their pets get sick or die shortly after purchase. Stores will be required to reimburse customers if a dog or cat dies within 21 days of sale. They will also be required to cover veterinary costs of an animal is found to have a congenital disease. Sellers will be required to report outbreaks of illness among their animals to the state.
Drone regulation
SB 1587, PA 98-0569 Law enforcement agents will have to get warrants to use unmanned aerial vehicles, known as drones, for gathering evidence. The law has exceptions for emergency situations and also allows for police to use drones to aid in searches for missing persons. The Illinois State Police has confirmed that it has purchased a drone, Champaign County reportedly has one, and Cook County Sheriff Tom Dart has said he is considering using drones, as well.
Cigarette butts
HB 3243, PA 98-0483 Some Illinois residents will likely pledge to quit smoking cigarettes as a New Year’s resolution. Those who don’t may want to resolve not to flick their cigarette butts on the ground, or they could face a hefty fine. Cigarette butts have been added to the litter control act, and those who toss them on the ground could be charged with a Class B misdemeanor, punishable by a fine of no less than $50 and up to $1,500.
Medical Marijuana
HB 1, PA 98-0122 The law establishing the state’s medical marijuana pilot program goes into effect on January 1. But the agencies in charge of licensing medical marijuana dispensaries, patients and growers will not begin accepting applications until well into 2014.
Growers would be licensed by the Illinois Department of Agriculture, and only 22 permits will be issued — one for every state police district. The Illinois Department of Financial and Professional Regulation will license 60 dispensary operations. Many of the details of the law still must go through the state rule-making process. A news release from the IDFPR said that the rules would not be completed until the winter of 2014. Licenses will not be issued into the rules are approved.
Once the four-year pilot program is up and running, patients will have to meet several requirements to receive a permit. Patients must be at least 18 years old to apply for a medical marijuana card through the Illinois Department of Public Health and must prove they have one of 33 serious or chronic conditions specifically listed in the bill. They must have an established relationship with a doctor who approves their use of the drug. Successful applicants will be allowed 2.5 ounces of marijuana per a two-week period. Patients, caregivers, owners and employees of growing operations and dispensaries will all be required to pass background checks Owners of growing operations or dispensaries will be banned from making campaign contributions. At the end of the four years called for by the law, legislators could vote to continue to program.
Monday, May 27, 2013
Legislative roundup
By Meredith Colias
As the legislature faces votes on pension, guns and gaming, lawmakers are also taking up other bills that affect human services, health care and public assistance for low-income Illinoisans.
Lowering the compulsory school age
Illinois could be on the road to starting children in school earlier. Hoping to cut down on truancy issues, especially in Chicago, the House passed Senate Bill 1307, which would require children turning 6 during the school year to attend from the beginning of the academic year. The bill passed on a 64 to 52 vote. Its Senate sponsor, Chicago Democratic Sen. Kimberly Lightford, said lowering the school age would help districts to enforce truancy rules for children under 7 who enroll,but may not attend school on a regular basis.
Since the House pushed the effective time frame back a year to the 2014-2015 school year, the bill now goes to the Senate for a vote on the change. The bill itself was not without controversy. There are concerns that the state should not be superseding the judgment of parents to decide when a child is ready to start school. New Lenox Republican Rep. Renee Kosel argued it is estimated a majority of children in the state already attend school well before the age when the state requires it. “We are passing legislation that we can already do,” she said. Opponents are also concerned about the cost to the state. It is not known how many children are not attending school until age 7, the current starting age. It is not estimated to be a large number. Illinois should not be paying for a “state-funding babysitting service,” Willow Hill Republican Rep. David Reis said.
Early childhood advocates argue that requiring children to attend school at earlier ages is beneficial to them for their academic and social development, especially for low-income children who can begin school with vocabulary and other academic deficits.
Affordable care act marketplace
Illinois has signed onto “Obamacare,” and in the final days of the legislative session, lawmakers are looking to authorize the creation of an online marketplace for residents who do not have health care through an employer to purchase insurance individually.
House Bill 3227 to create the state’s insurance exchange passed the Senate this week. Its sponsor, Peoria Democratic Rep. David Koehler, described the legislation as a suitable compromise because insurance companies would still be allowed to set prices as long as the plans they submit meet state and federal guidelines. The exchange will be a state and federal partnership. Under Koehler’s bill, Illinois would take over control of the marketplace in 2015. The bill’s fate in the House is unknown. Koehler said he expects to negotiate on the smaller details of the bill but says the main portions of the legislation should remain intact. Enrollment in the exchange is expected to begin for states on Oct. 1, and coverage is set to begin on Jan. 1, 2014.
Clearing criminal records
Some non-violent offenders would be given the chance at a fresh start by petitioning a court to seal their criminal records. Prostitution convictions, possession of marijuana and other controlled substances and retail theft convictions that date back at least four years without a subsequent conviction would be eligible to be sealed under House Bill 3061 introduced by Chicago Democratic Rep. LaShawn Ford. People asking to wipe drug-related offenses off their record would have to pass a drug test within 30 days before their request is granted. Children prosecuted as adults would also be eligible to apply. The Senate passed the bill on a 42 to 13 vote. The bill now goes to the governor. The thought is that sealing criminal records to potential employers would give them a better chance getting a job long after their conviction, but opponents say employers should have the right to know of their criminal record.
TANF assets
For low-income families seeking welfare assistance, their car, savings and other possessions would soon not count toward their application under a new bill now heading toward the governor. Currently, families applying for the Temporary Assistance for Needy Families program, or TANF, have to prove they have less than $3,000 in assets. The Chicago-based Sargent Shriver National Center on Poverty Law argues that the requirement is outdated, since welfare recipients now have to work at least 30 hours per week. The group argues that limiting their possessions keeps them living in poverty. House Bill 2262 passed the Senate on a 32 to 21 vote and now heads to the governor.
Adult protective services
To prevent abuse of older adults and those with disabilities, House Bill 948 would set up specific procedures for the state to use when investigating alleged incidents of neglect. An investigation by the Belleville News-Democrat found that more than 50 developmentally disabled adults died while being cared for at home since 2003. The paper found that the Department of Human Services had failed to follow up on allegations that some of these people were victims of abuse.
For the full story, read “Hidden Horror Stories,” by George Pawlaczyk and Beth Hunsdorfer in the October 2012 edition of Illinois Issues. The House will have to approve changes made by the Senate before it can go to the governor. The bill would go into effect on Jan. 1, 2014.
As the legislature faces votes on pension, guns and gaming, lawmakers are also taking up other bills that affect human services, health care and public assistance for low-income Illinoisans.
Lowering the compulsory school age
Illinois could be on the road to starting children in school earlier. Hoping to cut down on truancy issues, especially in Chicago, the House passed Senate Bill 1307, which would require children turning 6 during the school year to attend from the beginning of the academic year. The bill passed on a 64 to 52 vote. Its Senate sponsor, Chicago Democratic Sen. Kimberly Lightford, said lowering the school age would help districts to enforce truancy rules for children under 7 who enroll,but may not attend school on a regular basis.
Since the House pushed the effective time frame back a year to the 2014-2015 school year, the bill now goes to the Senate for a vote on the change. The bill itself was not without controversy. There are concerns that the state should not be superseding the judgment of parents to decide when a child is ready to start school. New Lenox Republican Rep. Renee Kosel argued it is estimated a majority of children in the state already attend school well before the age when the state requires it. “We are passing legislation that we can already do,” she said. Opponents are also concerned about the cost to the state. It is not known how many children are not attending school until age 7, the current starting age. It is not estimated to be a large number. Illinois should not be paying for a “state-funding babysitting service,” Willow Hill Republican Rep. David Reis said.
Early childhood advocates argue that requiring children to attend school at earlier ages is beneficial to them for their academic and social development, especially for low-income children who can begin school with vocabulary and other academic deficits.
Affordable care act marketplace
Illinois has signed onto “Obamacare,” and in the final days of the legislative session, lawmakers are looking to authorize the creation of an online marketplace for residents who do not have health care through an employer to purchase insurance individually.
House Bill 3227 to create the state’s insurance exchange passed the Senate this week. Its sponsor, Peoria Democratic Rep. David Koehler, described the legislation as a suitable compromise because insurance companies would still be allowed to set prices as long as the plans they submit meet state and federal guidelines. The exchange will be a state and federal partnership. Under Koehler’s bill, Illinois would take over control of the marketplace in 2015. The bill’s fate in the House is unknown. Koehler said he expects to negotiate on the smaller details of the bill but says the main portions of the legislation should remain intact. Enrollment in the exchange is expected to begin for states on Oct. 1, and coverage is set to begin on Jan. 1, 2014.
Clearing criminal records
Some non-violent offenders would be given the chance at a fresh start by petitioning a court to seal their criminal records. Prostitution convictions, possession of marijuana and other controlled substances and retail theft convictions that date back at least four years without a subsequent conviction would be eligible to be sealed under House Bill 3061 introduced by Chicago Democratic Rep. LaShawn Ford. People asking to wipe drug-related offenses off their record would have to pass a drug test within 30 days before their request is granted. Children prosecuted as adults would also be eligible to apply. The Senate passed the bill on a 42 to 13 vote. The bill now goes to the governor. The thought is that sealing criminal records to potential employers would give them a better chance getting a job long after their conviction, but opponents say employers should have the right to know of their criminal record.
TANF assets
For low-income families seeking welfare assistance, their car, savings and other possessions would soon not count toward their application under a new bill now heading toward the governor. Currently, families applying for the Temporary Assistance for Needy Families program, or TANF, have to prove they have less than $3,000 in assets. The Chicago-based Sargent Shriver National Center on Poverty Law argues that the requirement is outdated, since welfare recipients now have to work at least 30 hours per week. The group argues that limiting their possessions keeps them living in poverty. House Bill 2262 passed the Senate on a 32 to 21 vote and now heads to the governor.
Adult protective services
To prevent abuse of older adults and those with disabilities, House Bill 948 would set up specific procedures for the state to use when investigating alleged incidents of neglect. An investigation by the Belleville News-Democrat found that more than 50 developmentally disabled adults died while being cared for at home since 2003. The paper found that the Department of Human Services had failed to follow up on allegations that some of these people were victims of abuse.
For the full story, read “Hidden Horror Stories,” by George Pawlaczyk and Beth Hunsdorfer in the October 2012 edition of Illinois Issues. The House will have to approve changes made by the Senate before it can go to the governor. The bill would go into effect on Jan. 1, 2014.
Friday, April 19, 2013
Legislative roundup
By Jamey Dunn
The Illinois General Assembly had a busy week, as the House worked toward its Friday deadline for final votes on bills that originated from the chamber.
Sex Education
The House approved House Bill 2675, which calls for curriculum standards for sexual education that would emphasize abstinence but also teach students about contraceptives and using condoms to prevent the spread of sexually transmitted diseases. The curricula would be for middle schools and high schools, but local districts would not be obligated to use it. Parents could also opt not to allow their kids to attend sex education classes.
Abuse and neglect reporting
Lawmakers voted in favor of HB 948, which is an effort to address problems in the system for reporting abuse and neglect of disabled adults. The Belleville News-Democrat uncovered problems with the system and found that the Office of the Inspector General Department of Human Services did not follow up on reports connected to the deaths of more than 50 people. The office claimed that “the dead are ineligible for services.” (George Pawlaczyk and Beth Hundsdorfer, the reporters who uncovered the department’s practices penned an overview of their findings for the October 2012 Illinois Issues.) Under HB 948, the Department of Aging will create a system and standards for responding to allegations of abuse and neglect. The legislation creates a multi-disciplinary advisory panel that would assist with response.
Workplace violence
The House voted in favor of HB 2590, which allows employers to obtain orders of protection against employees who commit an act of violence at work or threaten individuals in the workplace. The order would bar the person from returning to the workplace.
Child Support
Under HB2843, which the House approved, parents who get lucky at Illinois casinos or racetracks and owe child support could see their debt deducted from their winnings. The racetrack or casino would be required to hold out the child support owed and send the money to the Department of Healthcare and Family Services. In exchange, the casino or racetrack would be paid a fee of the lesser of either 4 percent of the winnings or $150.
Guns and pensions
The House voted down HB 1296, which would have barred the state’s pension systems from investing in firearm manufactures.
Drones
The Senate approved Senate Bill 1587, which would regulate the use of unmanned aerial drones in the state. The bill would require law enforcement agencies to obtain warrants to use drones over private property and would ban them from using drones equipped with weapons. The legislation contains exemptions for emergency situations. Drones could also be used to photograph traffic accidents and crime scenes.
Concealed carry
The House rejected two bills this week to regulate concealed carrying of firearms. Supporters of concealed carry in Illinois are pushing for a “shall issue” licensing system that would require the state to give permits to applicants who meet the requirements set out in the law. But earlier this week the U.S. Supreme Court opted not to hear a challenge to New York’s “may issue” law. That statute allows law enforcement officials to deny applicants who may be qualified on paper for a license if they think the applicants present a danger. A “may issue” amendment came before the House on Wednesday, and members voted 31 to 76 against adopting it to a bill. On Thursday, HB 997, a more permissive “shall issue” bill, fell seven votes short of passage. Those who are working on concealed carry in the Senate expect to present legislation in the coming weeks. A federal court overturned the state’s ban on carrying firearms in public and gave lawmakers until June to pass legislation regulating carry.
The House is not scheduled for session next week. The Senate is scheduled for session from Tuesday through Thursday, which is the deadline for passing bills that originate from that chamber. Senate President John Cullerton warned there will probably be long hours next week. While lawmakers are trying to get their legislation out of each chamber before the voting deadlines, there are always ways around those deadlines for more controversial bills, such as employee pension changes, concealed carry and same sex marriage. As the adage goes, no legislation under the dome is every truly “dead.”
The Illinois General Assembly had a busy week, as the House worked toward its Friday deadline for final votes on bills that originated from the chamber.
Sex Education
The House approved House Bill 2675, which calls for curriculum standards for sexual education that would emphasize abstinence but also teach students about contraceptives and using condoms to prevent the spread of sexually transmitted diseases. The curricula would be for middle schools and high schools, but local districts would not be obligated to use it. Parents could also opt not to allow their kids to attend sex education classes.
Abuse and neglect reporting
Lawmakers voted in favor of HB 948, which is an effort to address problems in the system for reporting abuse and neglect of disabled adults. The Belleville News-Democrat uncovered problems with the system and found that the Office of the Inspector General Department of Human Services did not follow up on reports connected to the deaths of more than 50 people. The office claimed that “the dead are ineligible for services.” (George Pawlaczyk and Beth Hundsdorfer, the reporters who uncovered the department’s practices penned an overview of their findings for the October 2012 Illinois Issues.) Under HB 948, the Department of Aging will create a system and standards for responding to allegations of abuse and neglect. The legislation creates a multi-disciplinary advisory panel that would assist with response.
Workplace violence
The House voted in favor of HB 2590, which allows employers to obtain orders of protection against employees who commit an act of violence at work or threaten individuals in the workplace. The order would bar the person from returning to the workplace.
Child Support
Under HB2843, which the House approved, parents who get lucky at Illinois casinos or racetracks and owe child support could see their debt deducted from their winnings. The racetrack or casino would be required to hold out the child support owed and send the money to the Department of Healthcare and Family Services. In exchange, the casino or racetrack would be paid a fee of the lesser of either 4 percent of the winnings or $150.
Guns and pensions
The House voted down HB 1296, which would have barred the state’s pension systems from investing in firearm manufactures.
Drones
The Senate approved Senate Bill 1587, which would regulate the use of unmanned aerial drones in the state. The bill would require law enforcement agencies to obtain warrants to use drones over private property and would ban them from using drones equipped with weapons. The legislation contains exemptions for emergency situations. Drones could also be used to photograph traffic accidents and crime scenes.
Concealed carry
The House rejected two bills this week to regulate concealed carrying of firearms. Supporters of concealed carry in Illinois are pushing for a “shall issue” licensing system that would require the state to give permits to applicants who meet the requirements set out in the law. But earlier this week the U.S. Supreme Court opted not to hear a challenge to New York’s “may issue” law. That statute allows law enforcement officials to deny applicants who may be qualified on paper for a license if they think the applicants present a danger. A “may issue” amendment came before the House on Wednesday, and members voted 31 to 76 against adopting it to a bill. On Thursday, HB 997, a more permissive “shall issue” bill, fell seven votes short of passage. Those who are working on concealed carry in the Senate expect to present legislation in the coming weeks. A federal court overturned the state’s ban on carrying firearms in public and gave lawmakers until June to pass legislation regulating carry.
The House is not scheduled for session next week. The Senate is scheduled for session from Tuesday through Thursday, which is the deadline for passing bills that originate from that chamber. Senate President John Cullerton warned there will probably be long hours next week. While lawmakers are trying to get their legislation out of each chamber before the voting deadlines, there are always ways around those deadlines for more controversial bills, such as employee pension changes, concealed carry and same sex marriage. As the adage goes, no legislation under the dome is every truly “dead.”
Wednesday, January 23, 2013
Legislator seeks to limit lame-duck sessions
By Jamey Dunn
While supporters of controversial legislation dealing with gun control, pension reform and same sex marriage had little luck during the recent lame-duck session, one legislator is pushing to make it more difficult to get bills passed in the weeks before a new General Assembly is sworn in.
Sponsors of legislation have until March 31 each year to pass bills with a simple majority. After that date, they must find a three-fifths majority in each chamber if they want their bill to go into effect within a year. Bills that pass with a simple majority cannot take effect until June 1 of the next year. However, legislative leaders often call lawmakers into session for a few days or weeks before a new General Assembly is to be seated. Because that happens in January, the clock has been reset, but the new legislative session has not yet started. That allows legislators who are not returning in the new General Assembly, known as lame ducks, and lawmakers who have just won reelection and have a few years until they face another election to vote on proposals that are often controversial. That legislation also does not have to wait a year before taking effect. The time is informally called the lame-duck session.
This year’s lame-duck session was not particularly productive. But in January 2011, the General Assembly voted to increase income taxes on individuals and businesses and end the death penalty in Illinois. “Every two years there seems to be more activity in a short amount of time in the first week of January than there is in the true session,” said Rep. Jim Durkin, who filed House Bill 195 today. The proposal would require a three-fifths majority for bills passed in January before a new legislature is sworn in. Durkin said the measure closes a “loophole” that has been used by for years to ram bills through the process at the end of the two-year legislative session. Durkin, a Western Springs Republican, said that the problem with the lame-duck session is that lawmakers leaving office might be less influenced by the desires of their constituents. They also might be concerned about their future employment after they are no longer serving in the legislature. Many lawmakers go on to lobby their former colleagues on behalf of influential interests and industries such as utility companies and charitable organizations. “These two factors, a lower standard [for the passage of bills] and decreased constituent accountability, play into the appeal of using the lame-duck session as a way to move otherwise highly controversial legislation,” Durkin said. “Are there things I would like to see pass? Of course; however, I feel strongly that these proposals should be properly vetted through the legislative process.”
Durkin said he thinks the lame-duck session also adds to the temptation to put off difficult votes. “It’s the summer, and people are saying, ‘We will take care of [that] in the lame-duck session.’”
Kent Redfield, an emeritus professor of political science at the University of Illinois Springfield, said the practice of looking to the lame-duck session to as a time to pass big bills is a relatively new one. He said it started when the legislature's fall veto session began to expand to include more than just the governor’s vetoes. “When they wrote the 1970 Constitution, they assumed that we’d come back for a couple weeks and do some vetoes and go home. They couldn’t imagine the fall legislative session, which it has morphed into,” he said. “It was exceedingly rare in the '70s and '80s to do anything in veto session other than vetoes. I mean it happened, but generally the legislature came back a day ahead of time [before the swearing in of new lawmakers] and might clean up a little bit of ceremonial stuff in January.” Redfield said legislative action from the veto session started to spill over into January, and now the lame-duck session, which usually takes place over several days in January every two years, has become a fixture.
Redfield said now that legislative leaders have the lame-duck session as an option, it would be hard to turn back the clock. “It’s been way too useful a mechanism in previous General Assemblies. We’ve gotten pretty used to that possibility sitting there,” he said. “I think strategically, you don’t give anything away when you are in the majority.”
Durkin noted that Republicans have taken advantage of the lame-duck session when they held majorities, too. Durkin, who took office in 1995, said that after then-House Speaker Lee Daniels lost his Republican majority, he used the lame-duck session to pass bills before the new Democratic majority was seated. “And I’m sure I voted for a few of those things,” Durkin said. However, he said that Illinois now faces a public opinion crisis along with its fiscal one. “The public’s perception of legislative process is horrible, and at some point we need to be honest with ourselves and our constituents about what we are doing.”
While supporters of controversial legislation dealing with gun control, pension reform and same sex marriage had little luck during the recent lame-duck session, one legislator is pushing to make it more difficult to get bills passed in the weeks before a new General Assembly is sworn in.
Sponsors of legislation have until March 31 each year to pass bills with a simple majority. After that date, they must find a three-fifths majority in each chamber if they want their bill to go into effect within a year. Bills that pass with a simple majority cannot take effect until June 1 of the next year. However, legislative leaders often call lawmakers into session for a few days or weeks before a new General Assembly is to be seated. Because that happens in January, the clock has been reset, but the new legislative session has not yet started. That allows legislators who are not returning in the new General Assembly, known as lame ducks, and lawmakers who have just won reelection and have a few years until they face another election to vote on proposals that are often controversial. That legislation also does not have to wait a year before taking effect. The time is informally called the lame-duck session.
This year’s lame-duck session was not particularly productive. But in January 2011, the General Assembly voted to increase income taxes on individuals and businesses and end the death penalty in Illinois. “Every two years there seems to be more activity in a short amount of time in the first week of January than there is in the true session,” said Rep. Jim Durkin, who filed House Bill 195 today. The proposal would require a three-fifths majority for bills passed in January before a new legislature is sworn in. Durkin said the measure closes a “loophole” that has been used by for years to ram bills through the process at the end of the two-year legislative session. Durkin, a Western Springs Republican, said that the problem with the lame-duck session is that lawmakers leaving office might be less influenced by the desires of their constituents. They also might be concerned about their future employment after they are no longer serving in the legislature. Many lawmakers go on to lobby their former colleagues on behalf of influential interests and industries such as utility companies and charitable organizations. “These two factors, a lower standard [for the passage of bills] and decreased constituent accountability, play into the appeal of using the lame-duck session as a way to move otherwise highly controversial legislation,” Durkin said. “Are there things I would like to see pass? Of course; however, I feel strongly that these proposals should be properly vetted through the legislative process.”
Durkin said he thinks the lame-duck session also adds to the temptation to put off difficult votes. “It’s the summer, and people are saying, ‘We will take care of [that] in the lame-duck session.’”
Kent Redfield, an emeritus professor of political science at the University of Illinois Springfield, said the practice of looking to the lame-duck session to as a time to pass big bills is a relatively new one. He said it started when the legislature's fall veto session began to expand to include more than just the governor’s vetoes. “When they wrote the 1970 Constitution, they assumed that we’d come back for a couple weeks and do some vetoes and go home. They couldn’t imagine the fall legislative session, which it has morphed into,” he said. “It was exceedingly rare in the '70s and '80s to do anything in veto session other than vetoes. I mean it happened, but generally the legislature came back a day ahead of time [before the swearing in of new lawmakers] and might clean up a little bit of ceremonial stuff in January.” Redfield said legislative action from the veto session started to spill over into January, and now the lame-duck session, which usually takes place over several days in January every two years, has become a fixture.
Redfield said now that legislative leaders have the lame-duck session as an option, it would be hard to turn back the clock. “It’s been way too useful a mechanism in previous General Assemblies. We’ve gotten pretty used to that possibility sitting there,” he said. “I think strategically, you don’t give anything away when you are in the majority.”
Durkin noted that Republicans have taken advantage of the lame-duck session when they held majorities, too. Durkin, who took office in 1995, said that after then-House Speaker Lee Daniels lost his Republican majority, he used the lame-duck session to pass bills before the new Democratic majority was seated. “And I’m sure I voted for a few of those things,” Durkin said. However, he said that Illinois now faces a public opinion crisis along with its fiscal one. “The public’s perception of legislative process is horrible, and at some point we need to be honest with ourselves and our constituents about what we are doing.”
Thursday, May 17, 2012
Legislative roundup
While comprehensive pension reform and Medicaid reform plans have yet to emerge in the form of legislation, lawmakers did take up several issues this week.
Minimum wage
Senate Bill 1565 would increase the state’s minimum wage, which is currently $8.25, by 50 cents per year until it reached $10.55. At that point, it would be tied to inflation. A Senate committee approved the measure this week.
Proponents say the increase would ensure that wages keep pace with inflation and would help lift the working poor out of poverty. “If you’re willing to work a 40-hour week, you shouldn’t live in poverty,” said Maywood Democratic Sen. Kimberly Lightford, who sponsors the bill. Opponents say that small businesses cannot absorb such an increase, and it would instead result in increased prices, reduced hours for workers and layoffs. “We operate on a very slim margin,” Kelly Wingard said. Wingard and her husband own the Wildflour Artisan Bakery & Cafe in Decatur.
Campaign finance
Senate Bill 3722 would allow candidates in Illinois to ignore contribution limits when outside groups spend money in a race. If an outside group spends more than $100,000 campaigning for a single candidate in a municipal race or a bid for the state legislature, then candidates in that race would not have to stick limits on how much money they can accept from donors. In a statewide race, the threshold would be $250,000 spent by an outside group.
The bill is a response to a recent court ruling that allows political action committees (PACs) to take unlimited contributions as long as their campaign efforts are not coordinated with any candidates. When a group uses funds for campaigning, such as purchasing air time for a commercial, separately from a candidate's effort,s it is known as an independent expenditure. Proponents of the measure, which was approved by a House committee this week, say it would give candidates a fighting chance against PACs, which can collect money without limits. Opponents say it scales back the state’s recent campaign finance reform. They say it would encourage outside groups to spend enough money in a race to free their chosen candidate — along with everybody else in the race — from contribution limits. It heated races, the measure could have the effect of making the state’s contribution limits a thing of the past.
Legislative scholarships
House Bill 3810 would eliminate the controversial legislative scholarship program, which allows lawmakers to hand out state university tuition waivers to students in their districts. The program came under scrutiny after media reports revealed that lawmakers had awarded scholarships to the children of campaign donors or politically connected families. Supporters of the program say it is an equitable way to distribute financial aid throughout the state and gives opportunities to students who may not have otherwise been able to attend college. The measure also calls for the creation of a task force to assess all other university tuition waivers. The bill has passed in the Senate and a House committee approved it this morning. The House left without taking it up for a floor vote.
Strip club tax
House Bill 1645 would charge a tax on strip clubs that sell or allow alcohol. Revenues from the tax would go to fund rape crisis centers. Clubs would have the option or paying $3 per customer or a flat rate based on how much money the bring in. Under the measure, which was approved by a Senate committee this week, clubs that make more than $2 million a year would be charged $25,000. Clubs that make between $500,000 to $2 million would pay $15,000 in tax. Those that make less than $500,000 would pay $5,000.
Speeding
Senate Bill 2888 would bar drivers caught going 31 miles per hour over the speed limit on a highway and drivers caught going 25 miles per hour over the speed limit in an urban area from being eligible for court supervision. The bill was previously approved by the Senate and passed in the House this week. It awaits a decision from Gov. Pat Quinn.
Shark fin ban
House Bill 4119 would ban shark fins in the state. Shark fins are used in a soup that is considered a delicacy in China. But the fins are often harvested in a manner that is considered cruel and leaves the shark to die. Other states have banned shark fins or are considering bans. The measure was approved in the Senate last month and passed in the House this week.
Minimum wage
Senate Bill 1565 would increase the state’s minimum wage, which is currently $8.25, by 50 cents per year until it reached $10.55. At that point, it would be tied to inflation. A Senate committee approved the measure this week.
Proponents say the increase would ensure that wages keep pace with inflation and would help lift the working poor out of poverty. “If you’re willing to work a 40-hour week, you shouldn’t live in poverty,” said Maywood Democratic Sen. Kimberly Lightford, who sponsors the bill. Opponents say that small businesses cannot absorb such an increase, and it would instead result in increased prices, reduced hours for workers and layoffs. “We operate on a very slim margin,” Kelly Wingard said. Wingard and her husband own the Wildflour Artisan Bakery & Cafe in Decatur.
Campaign finance
Senate Bill 3722 would allow candidates in Illinois to ignore contribution limits when outside groups spend money in a race. If an outside group spends more than $100,000 campaigning for a single candidate in a municipal race or a bid for the state legislature, then candidates in that race would not have to stick limits on how much money they can accept from donors. In a statewide race, the threshold would be $250,000 spent by an outside group.
The bill is a response to a recent court ruling that allows political action committees (PACs) to take unlimited contributions as long as their campaign efforts are not coordinated with any candidates. When a group uses funds for campaigning, such as purchasing air time for a commercial, separately from a candidate's effort,s it is known as an independent expenditure. Proponents of the measure, which was approved by a House committee this week, say it would give candidates a fighting chance against PACs, which can collect money without limits. Opponents say it scales back the state’s recent campaign finance reform. They say it would encourage outside groups to spend enough money in a race to free their chosen candidate — along with everybody else in the race — from contribution limits. It heated races, the measure could have the effect of making the state’s contribution limits a thing of the past.
Legislative scholarships
House Bill 3810 would eliminate the controversial legislative scholarship program, which allows lawmakers to hand out state university tuition waivers to students in their districts. The program came under scrutiny after media reports revealed that lawmakers had awarded scholarships to the children of campaign donors or politically connected families. Supporters of the program say it is an equitable way to distribute financial aid throughout the state and gives opportunities to students who may not have otherwise been able to attend college. The measure also calls for the creation of a task force to assess all other university tuition waivers. The bill has passed in the Senate and a House committee approved it this morning. The House left without taking it up for a floor vote.
Strip club tax
House Bill 1645 would charge a tax on strip clubs that sell or allow alcohol. Revenues from the tax would go to fund rape crisis centers. Clubs would have the option or paying $3 per customer or a flat rate based on how much money the bring in. Under the measure, which was approved by a Senate committee this week, clubs that make more than $2 million a year would be charged $25,000. Clubs that make between $500,000 to $2 million would pay $15,000 in tax. Those that make less than $500,000 would pay $5,000.
Speeding
Senate Bill 2888 would bar drivers caught going 31 miles per hour over the speed limit on a highway and drivers caught going 25 miles per hour over the speed limit in an urban area from being eligible for court supervision. The bill was previously approved by the Senate and passed in the House this week. It awaits a decision from Gov. Pat Quinn.
Shark fin ban
House Bill 4119 would ban shark fins in the state. Shark fins are used in a soup that is considered a delicacy in China. But the fins are often harvested in a manner that is considered cruel and leaves the shark to die. Other states have banned shark fins or are considering bans. The measure was approved in the Senate last month and passed in the House this week.
Wednesday, July 28, 2010
Citizens' initiative may not pass legal muster
By Jamey Dunn
An amendatory veto issued by Gov. Pat Quinn on Tuesday would allow citizens to present legislation related to campaign finance reform and ethics to the General Assembly for a vote, but it may also step on the toes of the Illinois Constitution.
If voters could collect 100,000 signatures, their proposal would be drafted into law, and the legislature would be required to take a vote on it. From the statement issues by Quinn:
The ethics initiative that I propose gives the people of our state the ultimate power to express and protect their interests: the power to change state law. Too often, issues such as ethics and campaign finance reform get pushed from the forefront. Voters need a safety valve to ensure that ideas, however inconvenient or unpopular for incumbent officeholders, proceed through the legislative process.
However, this may go too far in placing legislative power in the hands of citizens.
“The [Illinois] constitutional document sets down certain power that the Executive, Judicial and Legislative branches have, and the legislature cannot just give away its power to introduce and pass laws. ... [These changes are] purporting by statute for the legislature to essentially cede part of its constitutional authority — to make laws — to citizens,” said political scientist Kent Redfield, an emeritus professor at the University of Illinois Springfield and director of the Sunshine Project, a nonprofit campaign contribution database connected to the Illinois Campaign for Political Reform.
But Quinn does not agree. From the veto message:
The legislative power to pass laws is a mighty power. My recommendation below does not detract from the General Assembly’s constitutional authority. Under my proposal, the General Assembly retains its full lawmaking authority.
Redfield said the framers of the state Constitution made a clear decision not to include a broader citizens’ initiative procedure. “The [Constitutional Convention] delegates considered initiative. They knew about the California model … and they consciously rejected it. They crafted a limited citizens’ initiative process. … This [amendatory veto] attempts to essentially amend the Constitution by statute, and you can’t do that.”
Redfield said it is doubtful that the legislature would approve the veto or an earlier amendatory veto that would create an open primary election system. He says they are likely just vehicles to get Quinn’s message out to voters.
“There’s no hope that either one of them is going to get accepted in the legislature, but it is an easy way to very publicly assert a position. To be for or against X or Y … and you don’t have to rent a hall or send out a direct mailer.”
An amendatory veto issued by Gov. Pat Quinn on Tuesday would allow citizens to present legislation related to campaign finance reform and ethics to the General Assembly for a vote, but it may also step on the toes of the Illinois Constitution.
If voters could collect 100,000 signatures, their proposal would be drafted into law, and the legislature would be required to take a vote on it. From the statement issues by Quinn:
The ethics initiative that I propose gives the people of our state the ultimate power to express and protect their interests: the power to change state law. Too often, issues such as ethics and campaign finance reform get pushed from the forefront. Voters need a safety valve to ensure that ideas, however inconvenient or unpopular for incumbent officeholders, proceed through the legislative process.
However, this may go too far in placing legislative power in the hands of citizens.
“The [Illinois] constitutional document sets down certain power that the Executive, Judicial and Legislative branches have, and the legislature cannot just give away its power to introduce and pass laws. ... [These changes are] purporting by statute for the legislature to essentially cede part of its constitutional authority — to make laws — to citizens,” said political scientist Kent Redfield, an emeritus professor at the University of Illinois Springfield and director of the Sunshine Project, a nonprofit campaign contribution database connected to the Illinois Campaign for Political Reform.
But Quinn does not agree. From the veto message:
The legislative power to pass laws is a mighty power. My recommendation below does not detract from the General Assembly’s constitutional authority. Under my proposal, the General Assembly retains its full lawmaking authority.
Redfield said the framers of the state Constitution made a clear decision not to include a broader citizens’ initiative procedure. “The [Constitutional Convention] delegates considered initiative. They knew about the California model … and they consciously rejected it. They crafted a limited citizens’ initiative process. … This [amendatory veto] attempts to essentially amend the Constitution by statute, and you can’t do that.”
Redfield said it is doubtful that the legislature would approve the veto or an earlier amendatory veto that would create an open primary election system. He says they are likely just vehicles to get Quinn’s message out to voters.
“There’s no hope that either one of them is going to get accepted in the legislature, but it is an easy way to very publicly assert a position. To be for or against X or Y … and you don’t have to rent a hall or send out a direct mailer.”
Tuesday, July 06, 2010
Quinn signs environment and election bills
By Jamey Dunn
After releasing his plan to cut the state budget last Thursday, Gov. Pat Quinn spent time over the holiday weekend signing bills into law. Here are some of the measures the governor recently approved:
House Bill 6099 requires commercial lawn care companies to test soil before applying phosphorous fertilizers. The soil has to show a deficiency of the element before the fertilizer could be used. Phosphorous has been linked to a 6,300 square-mile dead zone in the Gulf of Mexico, where algae chokes out most other life.
The bill went into effect once the governor signed it. For more on HB 6099, phosphorous and the dead zone see the current (June/July) Illinois Issues, page 32.
Senate Bill 2951 is intended to protect bicyclists from threats. The new law will make verbally harassing or “crowding” a bicyclist by driving dangerously close a misdemeanor punishable by up to one year in prison and $2,500 fine. The law also protects pedestrians and individuals riding horses or driving a vehicle pulled by an animal.
Senate Bill 2798 creates a “Share the Road” cycling-themed license plate. Money from plate sales will go to the League of Illinois Bicyclists for safety education programs. Twelve other states participate in the program.
Both bills will go into effect January 1. For more on biking in Illinois, see the current (June/July) Illinois Issues page 22.
Senate Bill 3012 creates a pilot program that for grace period voting and early registration on college campuses during the general election in November. It took effect upon Quinn’s approval.
Pension Borrowing
Quinn said today he does not expect the Senate to return the Capitol before November to vote on almost $4 billion in borrowing to make the required pension payment for this fiscal year. Quinn said Senate President John Cullerton plans to call his chamber back on November 4. When legislators do come back, Quinn expects them to approve the measure.
“The members of the Senate, they have a duty to look at a bill that passed the House dealing with borrowing. We have been told by the Senate president that that will be addressed, and we expect him to do it. And when he does it, calls the bill, then they’ll have a vote, and I am sure it will pass,” he said at a Chicago press conference.
Quinn admonished legislators for pushing difficult budget decisions off to him. “The Senate is not going to vote on this bill, it appears until the 4th of November. I’ll have to deal with that. We will deal with it, like we’ve dealt with everything. The General Assembly doesn’t have a lot of fortitude when it comes to raising revenue or making cuts. They made that crystal clear.”
After releasing his plan to cut the state budget last Thursday, Gov. Pat Quinn spent time over the holiday weekend signing bills into law. Here are some of the measures the governor recently approved:
House Bill 6099 requires commercial lawn care companies to test soil before applying phosphorous fertilizers. The soil has to show a deficiency of the element before the fertilizer could be used. Phosphorous has been linked to a 6,300 square-mile dead zone in the Gulf of Mexico, where algae chokes out most other life.
The bill went into effect once the governor signed it. For more on HB 6099, phosphorous and the dead zone see the current (June/July) Illinois Issues, page 32.
Senate Bill 2951 is intended to protect bicyclists from threats. The new law will make verbally harassing or “crowding” a bicyclist by driving dangerously close a misdemeanor punishable by up to one year in prison and $2,500 fine. The law also protects pedestrians and individuals riding horses or driving a vehicle pulled by an animal.
Senate Bill 2798 creates a “Share the Road” cycling-themed license plate. Money from plate sales will go to the League of Illinois Bicyclists for safety education programs. Twelve other states participate in the program.
Both bills will go into effect January 1. For more on biking in Illinois, see the current (June/July) Illinois Issues page 22.
Senate Bill 3012 creates a pilot program that for grace period voting and early registration on college campuses during the general election in November. It took effect upon Quinn’s approval.
Pension Borrowing
Quinn said today he does not expect the Senate to return the Capitol before November to vote on almost $4 billion in borrowing to make the required pension payment for this fiscal year. Quinn said Senate President John Cullerton plans to call his chamber back on November 4. When legislators do come back, Quinn expects them to approve the measure.
“The members of the Senate, they have a duty to look at a bill that passed the House dealing with borrowing. We have been told by the Senate president that that will be addressed, and we expect him to do it. And when he does it, calls the bill, then they’ll have a vote, and I am sure it will pass,” he said at a Chicago press conference.
Quinn admonished legislators for pushing difficult budget decisions off to him. “The Senate is not going to vote on this bill, it appears until the 4th of November. I’ll have to deal with that. We will deal with it, like we’ve dealt with everything. The General Assembly doesn’t have a lot of fortitude when it comes to raising revenue or making cuts. They made that crystal clear.”
Friday, May 21, 2010
Legislative preview
By Jamey Dunn
The main focus when the Illinois General Assembly reconvenes next week will be working out a budget that lawmakers can find politically tolerable. Gov. Pat Quinn said at a Chicago news conference today that the plan is not final yet.
“I think we have made some good process. We aren’t there yet, but we’re very close,” Quinn said. “We have to balance reductions and expenses with investments in human beings.”
In addition to the budget, both chambers may still address some legislative issues. Here are a few possibilities:
Both chambers
HB 5873 The proposal would create a two-tiered pension system for firefighters and police officers. If the measure is signed into law, those hired after it takes effect would have to wait until age 55 to be eligible for full pension benefits. They would also be able to receive 72 percent of benefits after 30 years of service instead of the current 75 percent.
SB 377 This “tax amnesty” plan would allow citizens and businesses that owe back taxes to pay them off from October 1 to November 15 of this year without facing penalty. Chicago Democratic Rep. Barbara Flynn Currie, a sponsor of the bill, estimates the plan could bring in about $250 million. Gov. Pat Quinn said last month that he was not in favor of the plan. So even if it passes both chambers, it may not become law.
House
HB 4623 This bill would cap the amount of income seniors can earn and still get free rides on Chicago public transit. The issue was hotly contested in the Senate, but lawmakers reached a compromise, which they advanced over to the House in early May.
Senate
SB 2093 Creates a plan for Sales Tax Revenue or STAR bonds. The plan allows for state sales tax dollars from a certain area to go toward a local development project. In this bill, the area is Marion and the project is an entertainment and shopping complex being built by Holland construction.
The Southern Illinoisan reported today that Republican Sen. John Jones is interested in including his hometown of Mount Vernon in the plan. He argued that other southern Illinois communities should have the option to create STAR districts as well. That could potentially hold up the bill. However, Jones said it could also be accomplished with additional pieces of legislation.
SB 3750 The measure would ban the sale of children’s food containers that contain bisphenol-A, or BPA, which has been linked to certain cancers and other health problems. Business groups strongly oppose the bill. The issue has been on the legislature’s radar for a while, but lawmakers failed to move a ban last session. The Senate held a committee hearing dedicated to the topic early this month, and the bill could come up for a vote next week.
The main focus when the Illinois General Assembly reconvenes next week will be working out a budget that lawmakers can find politically tolerable. Gov. Pat Quinn said at a Chicago news conference today that the plan is not final yet.
“I think we have made some good process. We aren’t there yet, but we’re very close,” Quinn said. “We have to balance reductions and expenses with investments in human beings.”
In addition to the budget, both chambers may still address some legislative issues. Here are a few possibilities:
Both chambers
HB 5873 The proposal would create a two-tiered pension system for firefighters and police officers. If the measure is signed into law, those hired after it takes effect would have to wait until age 55 to be eligible for full pension benefits. They would also be able to receive 72 percent of benefits after 30 years of service instead of the current 75 percent.
SB 377 This “tax amnesty” plan would allow citizens and businesses that owe back taxes to pay them off from October 1 to November 15 of this year without facing penalty. Chicago Democratic Rep. Barbara Flynn Currie, a sponsor of the bill, estimates the plan could bring in about $250 million. Gov. Pat Quinn said last month that he was not in favor of the plan. So even if it passes both chambers, it may not become law.
House
HB 4623 This bill would cap the amount of income seniors can earn and still get free rides on Chicago public transit. The issue was hotly contested in the Senate, but lawmakers reached a compromise, which they advanced over to the House in early May.
Senate
SB 2093 Creates a plan for Sales Tax Revenue or STAR bonds. The plan allows for state sales tax dollars from a certain area to go toward a local development project. In this bill, the area is Marion and the project is an entertainment and shopping complex being built by Holland construction.
The Southern Illinoisan reported today that Republican Sen. John Jones is interested in including his hometown of Mount Vernon in the plan. He argued that other southern Illinois communities should have the option to create STAR districts as well. That could potentially hold up the bill. However, Jones said it could also be accomplished with additional pieces of legislation.
SB 3750 The measure would ban the sale of children’s food containers that contain bisphenol-A, or BPA, which has been linked to certain cancers and other health problems. Business groups strongly oppose the bill. The issue has been on the legislature’s radar for a while, but lawmakers failed to move a ban last session. The Senate held a committee hearing dedicated to the topic early this month, and the bill could come up for a vote next week.
Adult adoptees granted access to birth records
By Rachel Wells
Adopted adults will soon have greater access to their own birth certificates, under a measure signed into law today by Gov. Pat Quinn that will open most records beginning in November of 2011.
The law will allow adopted adults born before 1946 to access their birth certificates immediately and will allow most people born after January 1, 1946 to access their birth certificates after a year-long informational campaign.
Through public service announcements and driver’s license notifications, the state will attempt to notify adopted adults and birth mothers, who will have the option of maintaining anonymity by submitting the appropriate paperwork. New mothers will also have the option of partial or full openness or complete anonymity. If a mother chooses to make birth records open, her child would not be able to access them until he or she turns 21. The measure’s House sponsor, Rep. Sara Feigenholtz, a Chicago Democrat who is an adoptee, said most birth parents prefer openness.
“[Seeing your birth certificate] is a right that a lot of you who are not adopted take for granted,” Feigenholtz said at the bill signing, describing access to the document as a basic human right. “My story began on a piece of paper that I have never been allowed to see. When Gov. Quinn signs this legislation today, I -- like any other person -- will be able to walk into the office of vital records, put my $15 down on the table and get a copy of my original birth certificate for the first time in my life.”
Opponents of the bill have said making open birth records the default could cause more young pregnant women to choose abortion instead of adoption.
Read more about the measure in the upcoming June print edition of Illinois Issues magazine.
Adopted adults will soon have greater access to their own birth certificates, under a measure signed into law today by Gov. Pat Quinn that will open most records beginning in November of 2011.
The law will allow adopted adults born before 1946 to access their birth certificates immediately and will allow most people born after January 1, 1946 to access their birth certificates after a year-long informational campaign.
Through public service announcements and driver’s license notifications, the state will attempt to notify adopted adults and birth mothers, who will have the option of maintaining anonymity by submitting the appropriate paperwork. New mothers will also have the option of partial or full openness or complete anonymity. If a mother chooses to make birth records open, her child would not be able to access them until he or she turns 21. The measure’s House sponsor, Rep. Sara Feigenholtz, a Chicago Democrat who is an adoptee, said most birth parents prefer openness.
“[Seeing your birth certificate] is a right that a lot of you who are not adopted take for granted,” Feigenholtz said at the bill signing, describing access to the document as a basic human right. “My story began on a piece of paper that I have never been allowed to see. When Gov. Quinn signs this legislation today, I -- like any other person -- will be able to walk into the office of vital records, put my $15 down on the table and get a copy of my original birth certificate for the first time in my life.”
Opponents of the bill have said making open birth records the default could cause more young pregnant women to choose abortion instead of adoption.
Read more about the measure in the upcoming June print edition of Illinois Issues magazine.
Friday, May 07, 2010
Legislative wrapup
By Rachel Wells
University borrowing
Under a bill passed today, universities would have the ability to borrow in anticipation of payments from the state. SB 642, would allow schools to borrow 75 percent of what they are owed. The money would have to be repaid within one year of the loan or 10 days after the state comes through with the payments.
Telecommunications
The Senate on Wednesday unanimously approved changes to Illinois’ Telecommunications Act, the framework regulating providers of basic telephone service.
SB 107, if signed by the governor, would lighten regulations on those providers, which include AT&T, while ensuring that providers of newer technologies, such as cable telephone systems and broadband, that they would not be regulated by the state for at least the next three years. The measure would also require companies such as AT&T to offer price-fixed, basic telephone packages.
The measure is heralded as a “jobs bill” and a way to lure in more broadband investment. But consumer advocacy groups such as the Citizens Utility Board [CUB] say the bill might actually widen the digital divide between rural and urban Illinois.
The House on Wednesday approved the bill with unanimous support. Gov. Pat Quinn, an who helped create CUB and who as governor says jobs are a main priority, has not said whether he would sign the measure into law.
Illinois State Police funding
The Illinois State Police will likely avoid numerous layoffs and regional office closures now that both chambers of the General Assembly have approved a measure expected to provide $22 million.
SB 3695 would require county courts to assess additional fees of between $1 and $15 to go to the ISP Operations Assistance Fund. When those fees are placed on mail-in bonds, which by Supreme Court rule cannot exceed $75, the ISP fee would further diminish the amount now distributed to several local agencies.
Opponents say local governments can’t afford a shrinking piece of the pie. Those in favor of the measure say that without the additional funding, the ISP would have to cut about 460 officers and close five regional offices. With fewer police on the roads, counties and municipalities would see less money from ISP citations.
Nursing home reform
Potential nursing home patients would undergo enhanced screening and background checks before being admitted to a long-term care facility, under SB 326, which the General Assembly approved this week with near unanimous support.
Mentally ill patients would also only be admitted to nursing homes specially certified for handling such patients, who would be segregated from other patients, and nursing homes would be subject to tighter reporting and ethics regulations.
A working group of state agencies and other stakeholders would also be formed to study possible expansion and funding of residential and community-based care options.
Unfunded mandates
Schools would be allowed to ignore certain state mandates, under a measure now headed to the governor.
If HB 80 becomes law, schools could use a lower blend of biodiesel, raise driver’s education fees to $250 from $50 and reclassify students receiving only speech services so that they don’t require an individual education program, as other special education students do.
Lobbyist reform
If Gov. Pat Quinn signs SB 1526, lobbyists would again be required to pay an annual registration fee, but it would be less expensive than the one the legislature wrote into law last year.
A judge blocked the state from collecting the $1,000 fee approved last year after groups sued on the basis that such a high figure violated First Amendment rights. Following the ruling, the secretary of state stopped collecting fees altogether.
The new measure would lower the annual fee to $300.
Under a bill passed today, universities would have the ability to borrow in anticipation of payments from the state. SB 642, would allow schools to borrow 75 percent of what they are owed. The money would have to be repaid within one year of the loan or 10 days after the state comes through with the payments.
Telecommunications
The Senate on Wednesday unanimously approved changes to Illinois’ Telecommunications Act, the framework regulating providers of basic telephone service.
SB 107, if signed by the governor, would lighten regulations on those providers, which include AT&T, while ensuring that providers of newer technologies, such as cable telephone systems and broadband, that they would not be regulated by the state for at least the next three years. The measure would also require companies such as AT&T to offer price-fixed, basic telephone packages.
The measure is heralded as a “jobs bill” and a way to lure in more broadband investment. But consumer advocacy groups such as the Citizens Utility Board [CUB] say the bill might actually widen the digital divide between rural and urban Illinois.
The House on Wednesday approved the bill with unanimous support. Gov. Pat Quinn, an who helped create CUB and who as governor says jobs are a main priority, has not said whether he would sign the measure into law.
Illinois State Police funding
The Illinois State Police will likely avoid numerous layoffs and regional office closures now that both chambers of the General Assembly have approved a measure expected to provide $22 million.
SB 3695 would require county courts to assess additional fees of between $1 and $15 to go to the ISP Operations Assistance Fund. When those fees are placed on mail-in bonds, which by Supreme Court rule cannot exceed $75, the ISP fee would further diminish the amount now distributed to several local agencies.
Opponents say local governments can’t afford a shrinking piece of the pie. Those in favor of the measure say that without the additional funding, the ISP would have to cut about 460 officers and close five regional offices. With fewer police on the roads, counties and municipalities would see less money from ISP citations.
Nursing home reform
Potential nursing home patients would undergo enhanced screening and background checks before being admitted to a long-term care facility, under SB 326, which the General Assembly approved this week with near unanimous support.
Mentally ill patients would also only be admitted to nursing homes specially certified for handling such patients, who would be segregated from other patients, and nursing homes would be subject to tighter reporting and ethics regulations.
A working group of state agencies and other stakeholders would also be formed to study possible expansion and funding of residential and community-based care options.
Unfunded mandates
Schools would be allowed to ignore certain state mandates, under a measure now headed to the governor.
If HB 80 becomes law, schools could use a lower blend of biodiesel, raise driver’s education fees to $250 from $50 and reclassify students receiving only speech services so that they don’t require an individual education program, as other special education students do.
Lobbyist reform
If Gov. Pat Quinn signs SB 1526, lobbyists would again be required to pay an annual registration fee, but it would be less expensive than the one the legislature wrote into law last year.
A judge blocked the state from collecting the $1,000 fee approved last year after groups sued on the basis that such a high figure violated First Amendment rights. Following the ruling, the secretary of state stopped collecting fees altogether.
The new measure would lower the annual fee to $300.
Friday, October 30, 2009
Veto session wrap-up and goodbye
By Bethany Jaeger
This will be my last post as Illinois Issues Statehouse bureau chief. I am moving on to the private sector to be a management consultant with a Springfield-based firm. Thank you for reading and and for sharing a string of unbelievable experiences with me during the past four years.
Campaign finance
SB 1466 Individuals, businesses, unions, associations and political committees would be limited in the amount of money they could donate to candidates each election cycle, under a measure approved by both chambers along partisan lines. Legislative leaders and political parties, however, are only limited in the amount they can contribute to candidates in primary elections, not general elections. While reform advocates considered the limits on top political party officials as a compromise and a starting point, Republicans denounced the bill as “business as usual” by consolidating political power in the hands of the few.
In addition to contribution limits, which would be applied on a graduated scale depending on the entity donating and on the candidate’s race, the reform package also aims to improve transparency and enforcement. Candidates would have to report contributions and expenditures four times a year, as opposed to the current twice a year. Donations of $1,000 or more would have to be reported within two to five business days year round. The Illinois State Board of Elections would gain new ability to conduct random audits and investigate potential violations. A task force would study the effectiveness of the implementation of the new law, as well as the feasibility of public funding of political campaigns. Read more details in last night's post.
Recall amendment
HJRCA 31 As part of the fallout from the impeachment of then-Gov. Rod Blagojevich, voters will be asked on the November ballot whether to change the state Constitution to give them the power to remove a sitting governor. Placing the referendum on the ballot required legislative approval, which was received in August. At least 60 percent of voters in the 2010 general election would have to vote “yes” to amend the Constitution. If approved, then individuals seeking to remove a governor in the future would have to gather a certain number of signatures (15 percent of the votes cast in the last gubernatorial election) before voters could be asked whether to remove the sitting governor. Also, 20 House members and 10 Senate members from both political parties would have to sign off on a recall proposal from citizens.
MAP grant funding
SB 1180 Gov. Pat Quinn restored $205 million to Monetary Award Program, which offers financial aid to nearly 138,000 low-income college students. As part of more than $2 billion in budget cuts this fiscal year, Quinn initially did not fully fund the so-called MAP grants to cover an entire school year. The administration authorized spending for only one semester, creating panic among higher education students who relied on the grants. Quinn toured the state to pressure the legislature to approve restoring the funding, and the General Assembly complied in October. However, neither the governor nor the legislature approved a way to pay for the $205 million needed. Quinn said he would seek new revenue sources after January, when fewer votes would be necessary for approval. The move comes on the heels of an updated projection that the state will collect nearly $900 million less than anticipated.
Legislative pay raises
SB 2090 Legislators last spring approved a measure that would change the way legislators get pay raises and would require them to take four unpaid furlough days, as well as forfeit their annual cost-of-living raises this fiscal year. Quinn changed the measure to permanently end automatic cost-of-living raises. The Senate overrode the governor’s change. If the House does the same, the original changes would take effect. If the House does not agree to override the governor’s changes, the entire bill would die so that none of the changes would take effect.
Cemetery oversight
SB 1471 All cemetery owners, managers and employees, including those who are hired to trim trees or maintain cemetery grounds, would have to register with the state and carry identification cards to prove their clearance to work on site. Owners, managers and all employees who had direct contact with customers also would have to go a step further by becoming licensed by the state and subjecting themselves to criminal background checks. The bill is in response to regulatory gaps exposed during in the Burr Oak Cemetery scandal last summer (see Illinois Issues, September 2009, page 13). Bodies buried in the historic African-American cemetery in Alsip were moved and dumped into a mass grave in an alleged scheme to resell gravesites. The bill would consolidate all regulatory oversight to the Illinois Department of Financial and Professional Regulation and require cemetery maps, plats and burial records to be maintained and publicly available. Family burial grounds, inactive cemeteries and cemeteries smaller than 2 acres would be exempt to the new rules.
Cook County governance
HB 4625 Cook County Board members would need fewer votes to override a board president’s veto. If signed into law by the governor, overriding the Cook County Board president would require a three-fifths majority rather than a four-fifths majority, or 11 out of 17 votes rather than 14 votes. It would be effective immediately, contrary to Cook County Board President Todd Stroger’s wishes that it would be effective after his current term ends in December 2010.
HB 4624 An effort to repeal Cook County’s penny-on-the-dollar sales tax increase failed during veto session. Board President Todd Stroger enacted the sales tax hike from 0.75 percent to 1.75 percent in February 2008. Estimated to generate about $400 million for county coffers, the tax has been criticized for making Chicago’s total sales tax rate one of the highest in the nation. County board members have repeatedly tried to repeal the tax increase over Stroger’s veto but have failed to meet the four-fifths majority required.
Free rides for seniors
SB 941 All senior citizens, regardless of income, will continue to receive free ridees on mass transit systems throughout the state. An attempt to roll back the program started by former Gov. Rod Blagojevich, failed to advance in the Senate. The bill would have ended the free rides for seniors age 65 and older other than for those who are low-income and qualify for the state’s Circuit Breaker program, and it would have reportedly saved $37 million for cash-strapped transit agencies in the Chicago area.
Governor’s budget address
HB 1409 Legislators denied the governor from moving his annual budget address to March, which he requested to give more time for his new budget director, David Vaught, to assess the state’s fiscal status. The governor must propose a budget in February, unless the legislature changes the date.
GOP leadership
SB 600 The Illinois Republican Party will not have to change the way it elects its State Central Committee members, which are internally elected. A measure to change the system to allowing the public to elect committee members failed to gain the supermajority of votes needed in the House. Fewer votes would be needed if the issue came up again after this month.
This will be my last post as Illinois Issues Statehouse bureau chief. I am moving on to the private sector to be a management consultant with a Springfield-based firm. Thank you for reading and and for sharing a string of unbelievable experiences with me during the past four years.
That said, the legislature completed its annual fall veto session and won't be back until January 12. After that week, it's not scheduled to be back until early February. Read a summary of substantive measures below.
Campaign finance
SB 1466 Individuals, businesses, unions, associations and political committees would be limited in the amount of money they could donate to candidates each election cycle, under a measure approved by both chambers along partisan lines. Legislative leaders and political parties, however, are only limited in the amount they can contribute to candidates in primary elections, not general elections. While reform advocates considered the limits on top political party officials as a compromise and a starting point, Republicans denounced the bill as “business as usual” by consolidating political power in the hands of the few.
In addition to contribution limits, which would be applied on a graduated scale depending on the entity donating and on the candidate’s race, the reform package also aims to improve transparency and enforcement. Candidates would have to report contributions and expenditures four times a year, as opposed to the current twice a year. Donations of $1,000 or more would have to be reported within two to five business days year round. The Illinois State Board of Elections would gain new ability to conduct random audits and investigate potential violations. A task force would study the effectiveness of the implementation of the new law, as well as the feasibility of public funding of political campaigns. Read more details in last night's post.
Recall amendment
HJRCA 31 As part of the fallout from the impeachment of then-Gov. Rod Blagojevich, voters will be asked on the November ballot whether to change the state Constitution to give them the power to remove a sitting governor. Placing the referendum on the ballot required legislative approval, which was received in August. At least 60 percent of voters in the 2010 general election would have to vote “yes” to amend the Constitution. If approved, then individuals seeking to remove a governor in the future would have to gather a certain number of signatures (15 percent of the votes cast in the last gubernatorial election) before voters could be asked whether to remove the sitting governor. Also, 20 House members and 10 Senate members from both political parties would have to sign off on a recall proposal from citizens.
MAP grant funding
SB 1180 Gov. Pat Quinn restored $205 million to Monetary Award Program, which offers financial aid to nearly 138,000 low-income college students. As part of more than $2 billion in budget cuts this fiscal year, Quinn initially did not fully fund the so-called MAP grants to cover an entire school year. The administration authorized spending for only one semester, creating panic among higher education students who relied on the grants. Quinn toured the state to pressure the legislature to approve restoring the funding, and the General Assembly complied in October. However, neither the governor nor the legislature approved a way to pay for the $205 million needed. Quinn said he would seek new revenue sources after January, when fewer votes would be necessary for approval. The move comes on the heels of an updated projection that the state will collect nearly $900 million less than anticipated.
Legislative pay raises
SB 2090 Legislators last spring approved a measure that would change the way legislators get pay raises and would require them to take four unpaid furlough days, as well as forfeit their annual cost-of-living raises this fiscal year. Quinn changed the measure to permanently end automatic cost-of-living raises. The Senate overrode the governor’s change. If the House does the same, the original changes would take effect. If the House does not agree to override the governor’s changes, the entire bill would die so that none of the changes would take effect.
Cemetery oversight
SB 1471 All cemetery owners, managers and employees, including those who are hired to trim trees or maintain cemetery grounds, would have to register with the state and carry identification cards to prove their clearance to work on site. Owners, managers and all employees who had direct contact with customers also would have to go a step further by becoming licensed by the state and subjecting themselves to criminal background checks. The bill is in response to regulatory gaps exposed during in the Burr Oak Cemetery scandal last summer (see Illinois Issues, September 2009, page 13). Bodies buried in the historic African-American cemetery in Alsip were moved and dumped into a mass grave in an alleged scheme to resell gravesites. The bill would consolidate all regulatory oversight to the Illinois Department of Financial and Professional Regulation and require cemetery maps, plats and burial records to be maintained and publicly available. Family burial grounds, inactive cemeteries and cemeteries smaller than 2 acres would be exempt to the new rules.
Cook County governance
HB 4625 Cook County Board members would need fewer votes to override a board president’s veto. If signed into law by the governor, overriding the Cook County Board president would require a three-fifths majority rather than a four-fifths majority, or 11 out of 17 votes rather than 14 votes. It would be effective immediately, contrary to Cook County Board President Todd Stroger’s wishes that it would be effective after his current term ends in December 2010.
HB 4624 An effort to repeal Cook County’s penny-on-the-dollar sales tax increase failed during veto session. Board President Todd Stroger enacted the sales tax hike from 0.75 percent to 1.75 percent in February 2008. Estimated to generate about $400 million for county coffers, the tax has been criticized for making Chicago’s total sales tax rate one of the highest in the nation. County board members have repeatedly tried to repeal the tax increase over Stroger’s veto but have failed to meet the four-fifths majority required.
Free rides for seniors
SB 941 All senior citizens, regardless of income, will continue to receive free ridees on mass transit systems throughout the state. An attempt to roll back the program started by former Gov. Rod Blagojevich, failed to advance in the Senate. The bill would have ended the free rides for seniors age 65 and older other than for those who are low-income and qualify for the state’s Circuit Breaker program, and it would have reportedly saved $37 million for cash-strapped transit agencies in the Chicago area.
Governor’s budget address
HB 1409 Legislators denied the governor from moving his annual budget address to March, which he requested to give more time for his new budget director, David Vaught, to assess the state’s fiscal status. The governor must propose a budget in February, unless the legislature changes the date.
GOP leadership
SB 600 The Illinois Republican Party will not have to change the way it elects its State Central Committee members, which are internally elected. A measure to change the system to allowing the public to elect committee members failed to gain the supermajority of votes needed in the House. Fewer votes would be needed if the issue came up again after this month.
Monday, August 17, 2009
Quinn: "This will be a week of reform"
By Bethany Jaeger
The end of August marks a deadline for Gov. Pat Quinn, who has to act on legislation approved by the General Assembly before bills automatically become law. In Chicago today, Quinn deemed this week as a “week of reform,” starting with today’s enactment of the revamped laws to ensure public access to information. He could soon act on ethics legislation to limit the amount individuals and political organizations could donate to candidates.
Freedom of Information Act = Senate Bill 189
Quinn signed SB 189, which rewrites the Freedom of Information Act (background here). Starting in January 2010, the process of requesting public information is supposed to get faster and more accountable.
In addition to new training requirements and higher standards for denying access to information, the new FOIA will require public bodies to reply to requests for information within five business days, as opposed to the current seven days. And if a public body denies a request, individuals will have to take fewer steps and less time to appeal that denial.
“The main thing this new act does is enforce many of the good words that were already part of Illinois law that were ignored by public officials,” said Hanke Gratteau, a member of Quinn’s Illinois Reform Commission and former investigative reporter and managing editor for the Chicago Tribune. “There is now recourse if that is avoided, and that’s why it’s good enough for me.”
The end of August marks a deadline for Gov. Pat Quinn, who has to act on legislation approved by the General Assembly before bills automatically become law. In Chicago today, Quinn deemed this week as a “week of reform,” starting with today’s enactment of the revamped laws to ensure public access to information. He could soon act on ethics legislation to limit the amount individuals and political organizations could donate to candidates.
Freedom of Information Act = Senate Bill 189
Quinn signed SB 189, which rewrites the Freedom of Information Act (background here). Starting in January 2010, the process of requesting public information is supposed to get faster and more accountable.
In addition to new training requirements and higher standards for denying access to information, the new FOIA will require public bodies to reply to requests for information within five business days, as opposed to the current seven days. And if a public body denies a request, individuals will have to take fewer steps and less time to appeal that denial.
“The main thing this new act does is enforce many of the good words that were already part of Illinois law that were ignored by public officials,” said Hanke Gratteau, a member of Quinn’s Illinois Reform Commission and former investigative reporter and managing editor for the Chicago Tribune. “There is now recourse if that is avoided, and that’s why it’s good enough for me.”
Local and state governments still can deny access to information under a series of exemptions, and the legislature still can withhold internal documents such as staff analyses and final reports drafted by consultants.
But there are new penalties, something absent from the current FOIA. Under the new version, if a court finds that a public official intentionally violated the FOIA or Open Meetings Act, the official could be fined between $2,400 and $5,000 for each offense.
The Illinois Municipal League, however, believes the new FOIA will place a heavy burden on local governments and won’t go as smoothly as lawmakers think in the next four and a half months, said Roger Huebner, the organization’s deputy executive director and general counsel. Every governmental body covered by the FOIA now has had its primary function fundamentally redefined to field information requests, regardless of whether their budgets have been slashed, he added. More background on the Municipal League’s statements are online.
Quinn’s enactment of the new FOIA comes after the governor came under media scrutiny for reportedly using his personal cell phone rather than using a state-provided phone that is subject to public access laws. Quinn said in Chicago today that taxpayers do not pay for his private cell phone and that he doesn’t use it for official state business.
“I do not use this phone to make e-mails to government employees or conduct any kind of communication with government employees,” he said. “As the person of the attorney general’s office who oversees this law [determined], private phone calls that don’t come out of public funds are not subject to the Freedom of Information Act.”
Transparency = House Bill 35
The state also launched a new Web site where anyone with Internet access can look up state employee salaries, state contacts and state-issued licenses. It’s called the Illinois Transparency and Accountability Portal.
Individuals also can look up all board and commission members, as well as their terms and whether they get paid at a new site dedicated to executive appointments. It was created under Senate Bill 1602, which also establishes new ethics requirements for board and commission members.
Campaign finance reform = House Bill 7
Quinn indicated he also could act as soon as tomorrow on legislation that would limit the amount individuals and political organizations could donate to political campaigns. HB 7 won legislative approval but was not the version recommended by the governor’s own Illinois Reform Commission. (Background here.)
But there are new penalties, something absent from the current FOIA. Under the new version, if a court finds that a public official intentionally violated the FOIA or Open Meetings Act, the official could be fined between $2,400 and $5,000 for each offense.
The new law also gives new powers to the Illinois attorney general's office, where members of the public, media or government can seek help from a specialized lawyer to settle disputes about whether information should be released. The so-called public access counselor will have new authority to issue binding opinions and to subpoena information.
“Today, we can say that Illinois will officially make it out of the Stone Age of transparency,” Attorney General Lisa Madigan said. “We will end the culture of secrecy that surrounds our government, and we will have, I think, a better relationship and better trust with members of the public.”
“Today, we can say that Illinois will officially make it out of the Stone Age of transparency,” Attorney General Lisa Madigan said. “We will end the culture of secrecy that surrounds our government, and we will have, I think, a better relationship and better trust with members of the public.”
The Illinois Municipal League, however, believes the new FOIA will place a heavy burden on local governments and won’t go as smoothly as lawmakers think in the next four and a half months, said Roger Huebner, the organization’s deputy executive director and general counsel. Every governmental body covered by the FOIA now has had its primary function fundamentally redefined to field information requests, regardless of whether their budgets have been slashed, he added. More background on the Municipal League’s statements are online.
Cara Smith, deputy chief of staff of policy and communications for the attorney general's office, said she disagrees and that the new law could lessen the burden on local governments because they will have a built-in resource with access to a public access counselor, as opposed to an outside legal counsel.
Heubner referred to commercial requests, in particular, as problematic because they tend to be broad, time-consuming requests. “That’s going to become a financial nightmare.” Local governments still can reject requests by deeming them unduly burdensome.
Heubner also said the new FOIA isn’t written for lay people and that information requests immediately will become legal matters if disputed. “This bill has gone from the hope to help the laymen to the lawyer’s dream.”
Heubner referred to commercial requests, in particular, as problematic because they tend to be broad, time-consuming requests. “That’s going to become a financial nightmare.” Local governments still can reject requests by deeming them unduly burdensome.
Heubner also said the new FOIA isn’t written for lay people and that information requests immediately will become legal matters if disputed. “This bill has gone from the hope to help the laymen to the lawyer’s dream.”
Smith said: "If the public body has denied a request and the citizen comes to us for help, then the public body will have to decide if they want to interact with us informally or if they have to get a lawyer. It's certainly not necessary." She added, "I recognize that the public bodies have not looked at this as a benefit to them, but I think that over time, they will see it as just that."
Quinn’s enactment of the new FOIA comes after the governor came under media scrutiny for reportedly using his personal cell phone rather than using a state-provided phone that is subject to public access laws. Quinn said in Chicago today that taxpayers do not pay for his private cell phone and that he doesn’t use it for official state business.
“I do not use this phone to make e-mails to government employees or conduct any kind of communication with government employees,” he said. “As the person of the attorney general’s office who oversees this law [determined], private phone calls that don’t come out of public funds are not subject to the Freedom of Information Act.”
Transparency = House Bill 35
The state also launched a new Web site where anyone with Internet access can look up state employee salaries, state contacts and state-issued licenses. It’s called the Illinois Transparency and Accountability Portal.
Individuals also can look up all board and commission members, as well as their terms and whether they get paid at a new site dedicated to executive appointments. It was created under Senate Bill 1602, which also establishes new ethics requirements for board and commission members.
Campaign finance reform = House Bill 7
Quinn indicated he also could act as soon as tomorrow on legislation that would limit the amount individuals and political organizations could donate to political campaigns. HB 7 won legislative approval but was not the version recommended by the governor’s own Illinois Reform Commission. (Background here.)
Quinn could use his amendatory veto power to change the legislation, although he said he uses that power judiciously. “I’m going to use that only where it’s needed and where it can advance the common good. I think that’s the way we have to do it. We don’t do it to kick the legislature in the shins. I don’t believe in that.”
Patty Schuh, spokeswoman for the Senate Republicans, said Minority Leader Christine Radogno asked the governor to veto the bill in its entirety "because it’s been called worse than nothing. We believe there is ample opportunity to revisit this if everyone is committed to change,” Schuh said.
Thursday, June 25, 2009
Budget not the only thing in limbo
By Hilary Russell
Just as the state’s operating budget is in limbo with five days left in the fiscal year, many substantive bills were left in the lurch at the end of the regularly scheduled spring session. The following is a list of measures that Illinois Issues magazine covered in our monthly “legislative checklist” throughout the spring. See the full list in the July/August print edition. In the meantime, here is a list of bills that stalled but that could come up in this fall’s or next spring’s legislative sessions:
HJRCA 31 The constitutional amendment sponsored by Rep. Jack Franks, a Morengo Democrat, would give voters the option to remove a sitting governor from office. The resolution would require voters to decide whether they wanted to change the state’s Constitution to include a so-called “recall” provision. The bill passed the House, but it didn’t get called for a final vote in the Senate. Senate President John Cullerton recently said he would not call the measure for a vote until Gov. Pat Quinn signed another ethics reform measure, HB 7, which would cap the amount individuals, businesses and political organizations could contribute to candidates. Franks’ recall measure doesn’t have to be approved until May 2010, and he said he expects that it would pass without problems before then.
HB 2643, SB 1292 Newly hired state employees and teachers would receive less generous pension benefits than current employees. Quinn proposed the so-called two-tiered pension plan as a way to save the state money in the next fiscal year and to reduce the mounting pension liabilities in the long run. But public employee union members strongly oppose the idea and argue it ultimately won’t save the money projected by the governor’s office. The legislation, sponsored by Rep. Kevin McCarthy, an Orland Park Democrat, and Sen. Don Harmon, an Oak Park Democrat, stalled in both chambers.
SB 1381 A bill allowing the limited use of medical marijuana, sponsored by Sen. Bill Haine, an Alton Democrat, narrowly passed in the Senate, marking the first time in Illinois’ legislative history that such a proposal won approval. The clock ran out before House sponsor Rep. Lou Lang, a Skokie Democrat, presented it to the full chamber. Lang said he didn’t have enough votes to pass it and that he plans to lobby for the bill and could call it in the future.
SB 744, sponsored by Sen. Terry Link, proposed opening new casinos in Chicago, Danville, Rockford and Waukegan, as well as adding gaming positions at existing riverboats and allowing slot machines at horse racing tracks. According to Link, a Waukegan Democrat, the gaming package could generate as much as $1 billion a year. While the Senate approved the measure, the House sponsor, Lang, said he chose not to call the bill and would like to make changes so the bill would not specify where the gaming facilities would have to be built.
HB 2234 would recognize civil unions and give same-sex partners some of the same legal rights, including power-of-attorney, as married couples. Rep. Greg Harris, a Chicago Democrat, sponsored the legislation. It narrowly passed out of committee but wasn’t called on the floor because, Harris said, he didn’t have enough votes to ensure passage. He added that new legislation in Iowa that now legitimizes same-sex marriage could help pave the way for passage of Illinois’ bill in the future; however, Harris’ civil unions measure would not be the same as same-sex marriage.
HB 397 redefines stalking. The measure amends the 1961 criminal code by defining stalking as a behavior intended to terrorize or endanger another person through intimidation or threats. Rep. Dan Brady, a Bloomington Republican, sponsored the measure. The bill stalled in the House. Brady said the measure is undergoing further negotiations between the state’s attorney’s office and the attorney general’s office. He expects to present it again during the 2010 spring session.
HB 2633, sponsored by Democratic Rep. Julie Hamos of Evanston, called for stricter rules to define how and when inmates in minimum- and maximum-security prisons were transferred to Tamms Correctional Center in Alexander County. Questions about the treatment and living conditions of the prisoners prompted Hamos to write the bill, which she said is on hold because a new director recently took over the center. She said she wants to wait to see what kind of changes will come about as a result.
HB 288 proposes that public schools could give students a few moments before class begins to observe a moment of reflection. The bill is sponsored by Rep. John Fritchey, a Chicago Democrat, and Sen. Bill Haine, an Alton Democrat. The moment of reflection would be determined on a school-by-school basis. Fritchey’s definition of a moment of reflection would replace the existing Student Reflection and Student Prayer Act, which requires every school to have a moment of silence during which students could either reflect on the day ahead or pray. Because the law lacked consequences for not observing the moment of silence, some schools observed it while others did not.
Controversy has surrounded the moment of silence issue because federal court deemed it unconstitutional to require public school students to pray during school hours.
The law invited a lawsuit. Fritchey, who voted against the original moment of silence bill, proposed the new version that would remove the “student prayer act” from the name and allow teachers to choose whether to honor the moment.
Haine said the role of the government is to encourage freedom of expression, not force it on individuals who may hold different beliefs, but he said he didn’t know if he could get enough votes for the bill to pass next session.
Just as the state’s operating budget is in limbo with five days left in the fiscal year, many substantive bills were left in the lurch at the end of the regularly scheduled spring session. The following is a list of measures that Illinois Issues magazine covered in our monthly “legislative checklist” throughout the spring. See the full list in the July/August print edition. In the meantime, here is a list of bills that stalled but that could come up in this fall’s or next spring’s legislative sessions:
HJRCA 31 The constitutional amendment sponsored by Rep. Jack Franks, a Morengo Democrat, would give voters the option to remove a sitting governor from office. The resolution would require voters to decide whether they wanted to change the state’s Constitution to include a so-called “recall” provision. The bill passed the House, but it didn’t get called for a final vote in the Senate. Senate President John Cullerton recently said he would not call the measure for a vote until Gov. Pat Quinn signed another ethics reform measure, HB 7, which would cap the amount individuals, businesses and political organizations could contribute to candidates. Franks’ recall measure doesn’t have to be approved until May 2010, and he said he expects that it would pass without problems before then.
HB 2643, SB 1292 Newly hired state employees and teachers would receive less generous pension benefits than current employees. Quinn proposed the so-called two-tiered pension plan as a way to save the state money in the next fiscal year and to reduce the mounting pension liabilities in the long run. But public employee union members strongly oppose the idea and argue it ultimately won’t save the money projected by the governor’s office. The legislation, sponsored by Rep. Kevin McCarthy, an Orland Park Democrat, and Sen. Don Harmon, an Oak Park Democrat, stalled in both chambers.
SB 1381 A bill allowing the limited use of medical marijuana, sponsored by Sen. Bill Haine, an Alton Democrat, narrowly passed in the Senate, marking the first time in Illinois’ legislative history that such a proposal won approval. The clock ran out before House sponsor Rep. Lou Lang, a Skokie Democrat, presented it to the full chamber. Lang said he didn’t have enough votes to pass it and that he plans to lobby for the bill and could call it in the future.
SB 744, sponsored by Sen. Terry Link, proposed opening new casinos in Chicago, Danville, Rockford and Waukegan, as well as adding gaming positions at existing riverboats and allowing slot machines at horse racing tracks. According to Link, a Waukegan Democrat, the gaming package could generate as much as $1 billion a year. While the Senate approved the measure, the House sponsor, Lang, said he chose not to call the bill and would like to make changes so the bill would not specify where the gaming facilities would have to be built.
HB 2234 would recognize civil unions and give same-sex partners some of the same legal rights, including power-of-attorney, as married couples. Rep. Greg Harris, a Chicago Democrat, sponsored the legislation. It narrowly passed out of committee but wasn’t called on the floor because, Harris said, he didn’t have enough votes to ensure passage. He added that new legislation in Iowa that now legitimizes same-sex marriage could help pave the way for passage of Illinois’ bill in the future; however, Harris’ civil unions measure would not be the same as same-sex marriage.
HB 397 redefines stalking. The measure amends the 1961 criminal code by defining stalking as a behavior intended to terrorize or endanger another person through intimidation or threats. Rep. Dan Brady, a Bloomington Republican, sponsored the measure. The bill stalled in the House. Brady said the measure is undergoing further negotiations between the state’s attorney’s office and the attorney general’s office. He expects to present it again during the 2010 spring session.
HB 2633, sponsored by Democratic Rep. Julie Hamos of Evanston, called for stricter rules to define how and when inmates in minimum- and maximum-security prisons were transferred to Tamms Correctional Center in Alexander County. Questions about the treatment and living conditions of the prisoners prompted Hamos to write the bill, which she said is on hold because a new director recently took over the center. She said she wants to wait to see what kind of changes will come about as a result.
HB 288 proposes that public schools could give students a few moments before class begins to observe a moment of reflection. The bill is sponsored by Rep. John Fritchey, a Chicago Democrat, and Sen. Bill Haine, an Alton Democrat. The moment of reflection would be determined on a school-by-school basis. Fritchey’s definition of a moment of reflection would replace the existing Student Reflection and Student Prayer Act, which requires every school to have a moment of silence during which students could either reflect on the day ahead or pray. Because the law lacked consequences for not observing the moment of silence, some schools observed it while others did not.
Controversy has surrounded the moment of silence issue because federal court deemed it unconstitutional to require public school students to pray during school hours.
The law invited a lawsuit. Fritchey, who voted against the original moment of silence bill, proposed the new version that would remove the “student prayer act” from the name and allow teachers to choose whether to honor the moment.
Haine said the role of the government is to encourage freedom of expression, not force it on individuals who may hold different beliefs, but he said he didn’t know if he could get enough votes for the bill to pass next session.
Sunday, May 31, 2009
House approves recall provision
By Jamey Dunn, with Hilary Russell contributing
Illinois voters could have the chance to vote on whether they want authority to boot the governor from office, thanks to a measure that passed the House Saturday.
The House approved a similar effort last year after frustration from then-Gov. Rod Blagojevich’s alleged corruption scandals. But it stalled in the Senate.
This year’s measure, Constitutional Amendment 31, would allow voters to cast their ballots on whether they want to change the state Constitution to include a so-called recall provision.
Many said that the provision should include the ability to recall all constitutional officers. Franks said he would like to add that later, but in the wake of the alleged Blagojevich scandal, he wanted to give voters a way to address corruption in the governor’s office.
“I firmly believe if we’d had it during the last administration, we’d have used it,” he said. Franks added that he thinks the legislature would have never removed Blagojevich from office had he not been indicted.
Gov. Pat Quinn Quinn said a recall provision would make the legislature accountable because if a corrupt politician had to be removed, the General Assembly would have to sign on to the effort, along with voters.
The requirement to have legislators sign off on recall drew the most ire from Republicans. They said that making voters get lawmakers’ approval takes the power away from the people.
Republicans said they want Franks to hold the bill and negotiate some changes. Franks’ measure would not need to be approved until six months before the general election to get on the 2010 ballot. But Franks said it could be called in the Senate after the midnight deadline Sunday, when the legislature adjourns.
Here are some numbers associated with the recall process laid out in the bill:
Illinois voters could have the chance to vote on whether they want authority to boot the governor from office, thanks to a measure that passed the House Saturday.
The House approved a similar effort last year after frustration from then-Gov. Rod Blagojevich’s alleged corruption scandals. But it stalled in the Senate.
This year’s measure, Constitutional Amendment 31, would allow voters to cast their ballots on whether they want to change the state Constitution to include a so-called recall provision.
Many said that the provision should include the ability to recall all constitutional officers. Franks said he would like to add that later, but in the wake of the alleged Blagojevich scandal, he wanted to give voters a way to address corruption in the governor’s office.
“I firmly believe if we’d had it during the last administration, we’d have used it,” he said. Franks added that he thinks the legislature would have never removed Blagojevich from office had he not been indicted.
Gov. Pat Quinn Quinn said a recall provision would make the legislature accountable because if a corrupt politician had to be removed, the General Assembly would have to sign on to the effort, along with voters.
The requirement to have legislators sign off on recall drew the most ire from Republicans. They said that making voters get lawmakers’ approval takes the power away from the people.
Republicans said they want Franks to hold the bill and negotiate some changes. Franks’ measure would not need to be approved until six months before the general election to get on the 2010 ballot. But Franks said it could be called in the Senate after the midnight deadline Sunday, when the legislature adjourns.
Here are some numbers associated with the recall process laid out in the bill:
- A governor must be in office for 6 months before the recall process is started.
- 20 House members and 10 Senate members from both parties would have to sign off on an initial recall proposal from citizens.
- Once legislators approved the measure to put the question on the ballot, individuals seeking to remove the governor would have 150 days to round up the signatures to put the question of whether to remove the governor before voters. They would need a number of signatures equal to 15 percent of the votes cast in the last gubernatorial election. For instance, Franks said the number of signatures currently needed would be 750,000 based off of the 2006 election.
- There must be at least 25 different counties with 100 signatures each.
- This version of the bill would only apply to the governor’s position, and it contains new safeguards intended to prevent abuse of the power. These new aspects came under fire from House Republicans.
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