End-of-session roundup

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.

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.

What to watch for on the last day of session

By Meredith Colias and Jamey Dunn 

The legislature heads toward its final day tomorrow with plenty of issues still to address.

Here some things to watch for …

Same-sex marriage 
With a same-sex marriage vote possibly looming tomorrow, supporters at the Capitol urged lawmakers today to take up the issue before adjournment. Teresa Volpe, who came with her partner and young children, said it was “about the message that is being sent to our family.” Volpe said she wanted to show her children “they are not born into a society of inequality.”

The bill has been dormant in the House since February, when the Senate ushered it through the chamber on Valentine's Day. Since then, its sponsor, Chicago Democratic Rep. Greg Harris, has been secretive on its House prospects. Whether Harris has the votes to secure its passage is still unknown. Many undecided legislators are not publicly saying whether they will support the legislation, waiting until the final moment to reveal their intentions. Illinois barely passed civil unions in 2010, 61 to 52, and not all legislators who supported it then may necessarily support same-sex marriage now if the vote is called. President Barack Obama, a former Illinois state senator, waited until later in his presidency to publicly support same-sex marriage. During an appearance this week in Chicago, he urged the House to take up the legislation, Senate Bill 10.

Budget bills 
The House still needs to vote on budgets for K-12 and higher education. Better-than-expected tax revenues are allowing the legislature to avoid cuts proposed in the governor’s March budget next year for general state aid, transportation, bilingual and early childhood education. The legislature’s higher education budget also avoids a 5 percent cut the governor called for, as well.

The K-12 funding is included in Senate Bill 2555.  The higher education funding is included in Senate Bill 2556.

The Senate plans to take up two budget bills tomorrow as well:

• House Bill 214 is general services spending, the General Assembly’s budget and the constitutional officers' budgets.
• HB 215 is public safety and transportation spending, Illinois Department of Corrections budget, capital construction spending for the next fiscal year and the Illinois Department of Natural Resources budget. Both have been approved by the House.

Health insurance exchange 
The bill authorizing the “Obamacare” online insurance marketplace exchange passed the Senate and awaits a vote in the House to confirm or reject changes the Senate made that need to be reconciled before the legislation can be sent to the governor. Individuals would be allowed to purchase health insurance plans if they do not receive health insurance through an employer. The exchange is scheduled to begin in 2014. The bill is House Bill 3227.

Speed limit increase
A bill increasing the highway speed limit to 70 mph in most of downstate Illinois has passed both chambers and now heads to the governor. Freshman Republican Sen. Jim Oberweis of Sugar Grove sponsored the Senate version. Cook, DuPage, Kane, Lake, McHenry, Will, Madison and St. Clair counties would be able to opt out of the increase. The bill is Senate Bill 2356.

Drones 
A bill narrowly defining drone use by law enforcement passed the House, and now the Senate needs to take up changes the House made. The Senate version allowed law enforcement to use a drone quickly to prevent extensive damage to property. The House version rejects that. The bill is Senate Bill 1587.

Pension changes 
The House and Senate appear to have reached an impasse on the issue, but anything can happen on the last day of session. Keep an eye out for an attempt at a last-minute compromise.

Gaming 
Blue Island Democratic Rep. Robert Rita, the sponsor of SB 1739, said today that he hopes to have a final bill tomorrow. It wouldn’t be the end of session without a push for a gambling expansion.

Concealed carry of firearms
Players from both chambers are reportedly meeting on this issue. The two bills from each chamber are not that far apart, so a compromise bill is a possibility.

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.