Illinois Senate Week In Review: May 2 to 6

With a month to go until the scheduled May 31 adjournment, Senate Democrats advanced a handful of budget measures that State Sen. Ron Sandack (R-Downers Grove) said would lock Illinois into a permanent tax increase, and quite possibly force tax hikes higher than the 67 percent increase already passed this year.

Also this week, the Senate advanced controversial legislation that seeks to provide children of undocumented immigrants with greater access to higher education.

While Senate Republicans acknowledged the modest efforts made by Senate Democrats to reduce spending in the budget documents advanced May 4, a number of the so-called “cuts” were actually increases over the Fiscal Year (FY) 2011 budget. Senator Sandack explained that while reductions were made from the Governor’s recommended spending levels for the FY 2012 budget, spending under the Democrats’ plan still exceeds spending for FY 2011.

The Senate GOP Caucus urged Democrat lawmakers to withhold a vote on the budget measures, and instead work together on a budget package that advances realistic spending caps to keep state spending at a level that allows the tax hike to expire and phases out the state’s looming debt. Recently, State Comptroller Judy Baar Topinka cautioned that even with the tax hike, unless significant spending cuts are made, Illinois will end the fiscal year with an approximately $8 billion deficit—roughly the same size shortfall the state had in 2010. Senate Republican lawmakers noted that voting for the Democrats’ budget measures would have been akin to voting for a permanent 67 percent tax increase.

In a related matter, the Legislature's bipartisan Commission on Government Forecasting and Accountability, the organization charged with reviewing state spending and revenues, released a new report that outlined eight different budget projections. Six of the scenarios would leave the state with a deficit in three years—and the lame-duck 67 percent tax increase would remain in effect.

The only budget projections released by the Commission that would put the state in the black during the tax hike would require zero spending growth over the next three years. However, even under these no-growth budgets, without significant cuts the state would once again be in the red once the tax hike expires. The projections were consistent with a "Reality Check" budget plan unveiled by Senate Republicans in March that showed cuts of $4-$5 billion are needed this year to allow the tax hike to expire as promised.

Republicans have also said that it is inappropriate to move ahead on the budget without progress on much-needed workers’ compensation reform. Workers’ compensation reform is an essential component of budget reform that will reduce costs to the state and encourage job growth. Senate Democrats killed important workers’ compensation reform recently when 28 Democrat senators voted “present” on the measure. Though negotiations on the vital legislation continue, a compromise has not yet been achieved.

Speaking before business groups during the week, Gov. Pat Quinn again pledged to support meaningful workers' compensation reforms. But the day after his speech, when employers got a look at the Governor's actual proposal, the state Chamber of Commerce termed it "terribly disappointing" and "a lot of soft mush."

This week, the Senate also passed a contentious measure that proponents say will help the college-bound children of undocumented immigrants, though opponents say the measure encourages illegal immigration.

Senate Bill 2185—the “Dream Act”—allows students who are non-U.S. citizens to participate in the state’s college savings programs, which require personal, not taxpayer-financed contributions. The legislation also establishes a scholarship fund that would be financed entirely through private donations, and institutes guidance counselor training on working with students who are undocumented immigrants.

Senator Sandack said it is important to clarify that this bill is not an immigration bill and it does not grant any sort of legal citizenship status.  This legislation specifies that the recipient of educational assistance through the Illinois DREAM Fund have at least one parent who immigrated to the country. This bill is in no way affiliated with the Federal DREAM Act.

The student would be required to obtain a taxpayer identification number from the Internal Revenue Service and be a state resident in order to take advantage of the programs.

Opponents emphasized the law represents acceptance of illegal immigration, and expressed concerns that undocumented students could take spots in these institutions that would otherwise be given to legal citizens. Lawmakers who voted in favor of Senate Bill 2185 said that the children who were brought to the country illegally should not be held accountable for the decisions of their parents. Supporters noted that undocumented immigrants are already allowed to attend Illinois universities, and can receive in-state tuition.

Sen. Sandack supported the legislation which will now move to the House of Representatives for consideration. 

Legislation approved by Senate Committees this week includes:

Abuse Reporting (HB 2093): Requires any physician, physician's assistant, registered nurse, licensed practical nurse, medical technician, certified nursing assistant, social worker, or licensed counselor of any establishment that provides abortions, abortion referrals, or offers contraceptives, who has cause to believe a child in their care may be an abused or neglected child, must immediately report their suspicions to DCFS.

Contribution Ban (HB 3158): Establishes that the offices of Lt. Governor and Governor will be considered in tandem for purposes of the contribution ban on state contractors and bidders. In other words, if a contractor is prohibited from giving to the Governor, then they will be prohibited from giving to the Lt. Governor, as well. 

Drug Testing (HB 1702): Allows physician assistants and advanced practice nurses to draw blood for alcohol and drug testing.

Electronic Health Record (HB 1425): Creates the Electronic Health Record Incentive Fund and outlines provisions for its use in order to encourage the adoption and use of certified electronic health records technology, and secure the receipt of federal matching funds that might otherwise be in jeopardy.

Granny Tax (HB 3207): Establishes that state implementation of the “granny tax” is contingent on federal approval. Without the language, the state will be responsible for making millions of dollars in payments for a program that was not supposed to require any state funding.

Health Care Sex Offender (HB 220): Revokes the license or visiting permit of any healthcare worker who has been convicted of committing a sexual crime, a felony associated with the controlled substances or methamphetamine control act, or a class 1 felony of the Public Aid Code.  Also requires a healthcare worker charged with a sexual crime to work only with a chaperon until the criminal procedures have concluded.

Hunting Exception (HB 2861): Allows the Department of Natural Resources to issue any license, tag, permit, or stamp and waive fees for terminally ill individuals. Also allows terminally ill youth to take game outside of an established season if the hunt is pre-approved by the Director.

Liquor Sample Size (HB 3329): Increases individual liquor sampling sizes for consumption at licensed retailers to allow for up to 1.5 ounces of wine (currently one ounce) and 4 ounces (currently 2 ounces) of beer per sample. Also increases total sample package sizes for sale of distilled spirits and wine at on-premises licensed retailers, of which the total quantity of the sampling package cannot exceed 1.5 ounces of distilled spirits (currently one ounce) and 6 ounces of wine (currently 4 ounces). 

Respectful Language (HB 2976): Advances “respectful language” changes to eliminate the term “mentally retarded,” “crippled” and other similar terms from state statutes.

Service Member Utilities (HB 1260): Establishes that service members or veterans will be covered under the no utility disconnection law during the winter months, December 1-March 31.

Sexually Dangerous Persons (HB 275):  Establishes that the Department of Children and Family Services cannot hire anyone who has been declared a sexually dangerous person under the Sexually Dangerous Persons Act or convicted of committing or attempting to commit specified offenses described in the Child Care Act.