Springfield – Two resolutions were filed on Feb. 18 that State Senator Dale Righter (R-Mattoon) said would amend the Illinois Constitution with reforms that would take the power of drawing legislative maps out of lawmakers’ hands and place it into the hands of an independent commission.
House Joint Resolution Constitutional Amendment 56 and Senate Joint Resolution Constitutional Amendment 104 take an initiative sponsored by the League of Women Voters and other government reform groups and put it into legislation for General Assembly passage.
The current redistricting process allows legislative leaders to draw district boundaries behind closed doors. The constitutional amendment would require public hearings, ensure public display of proposed maps and allow public submission of proposed maps. Since 2001, incumbents have had a 98 percent reelection rate; passage of the amendment will encourage competition and promote diversity.
According to state law, in order for the Joint Resolution Constitutional Amendment to appear on the ballot in November the General Assembly must pass it with a 3/5th majority by May 2, 2010 (six months before the election).
Also this week, the Senate Executive Committee approved legislation on Feb. 17 that would authorize two types of short-term borrowing, despite Republican concerns that the state continues to defer making tough decisions on how to fix its fiscal problems.
Senate Bill 416 would allow most public universities, except the University of Illinois Urbana-Champaign and Northeastern, to short-term borrow up to 75 percent of the money owed to them by the state. The universities would then repay the borrowing when they receive the money they are owed by the state.
Republicans primarily objected to a second borrowing component contained in the bill that would allow Governor Quinn to short-term borrow $250 million for Medicaid expenses without approval from the Comptroller and Treasurer. Currently the governor must receive authorization from the Comptroller and Treasure to commence short-term borrowing.
Proponents of the legislation argued that the state should allow universities to borrow money since the state’s delayed payments have created their money woes. Currently the state owes all public universities approximately $735 million. They also say that the Medicaid borrowing will free up the revenue to pay Illinois’ health care providers, who have suffered for years, waiting months to receive the reimbursements they are owed from the state.
However, opponents question why Democrat lawmakers tied the money for higher education to the Medicaid funding, and expressed concern that the measure simply “kicks the can down the road” with another short-term budget fix. Since 2003, Illinois Democrats have short-term borrowed $11 billion, with interest topping $100 million. Senator Righter said that instead of pushing off the state’s problems and paying so much interest, Illinois should confront its budget woes head-on.
Additionally, critics noted that there are no provisions outlining how the governor would pay back the money, and questioned why—if the governor has such a good financing plan—there is a need to bypass the Comptroller and the Treasurer and borrow more money without their approval.
It’s speculated that the legislation is necessary because it’s unlikely that Comptroller Dan Hynes will approve additional borrowing. In late 2009, Hynes refused to authorize a short-term borrowing measure being pushed by Quinn, saying that Illinois already has to repay more than $2 billion in short-term borrowing that was undertaken earlier that year, and that it would be difficult for the state to repay any additional borrowing.
Having been approved by the Senate Executive Committee, Senate Bill 416 now progresses to the full Senate for consideration. Because the measure authorizes a general obligation bond, the bill requires 3/5ths approval of the Senate before it can move to the House for further debate.
This week Illinois’ woefully underfunded pension systems were highlighted in a report released by the respected research group the PewCenter on the States, which found that Illinois ranks dead last when it comes to funding the state’s pension systems.
According to the report, Illinois’ unfunded liability surpasses $54 billion—or only slightly more than half of what the state needs to pay benefits to its five state retirement funds. The PewCenter noted that only 54 percent of the state’s pension liability is funded, which is far below the 80 percent funding level recommended by experts.
It was also noted that Illinois has consistently deferred making its required payments into the systems, “paying less than 60 percent of the required amount in each year since 2005” and issuing “$3.5 billion in bonds to pay for its 2010 actuarially required contribution.”
The PewCenter’s study only researched pension funds through fiscal year 2008 and does not even account for the recent stock market crash—and the serious impact that had on the value of state pension investments.
Bills approved by Senate Committees this week include:
Aggravated Assault (SB 2488): Raises the penalty on aggravated assault against a police officer when the offender uses a deadly weapon.
Forfeiture (SBS 2551): Creates a public corruption profit forfeiture provision to forfeit profits and proceeds derived from a criminal public corruption offense that resulted in a criminal conviction, including automatic forfeiture of all political contributions held by a political committee or organization controlled by the convicted person.
Military Reenactment (SB 2578): Allows nationally recognized military re-enactment groups to possess vintage rifles or modern reproduction rifles with a barrel length of less than 16 inches and an overall firearm length of at least 26 inches, when necessary for and only in connection with military reenactment purposes.
Child Indecency (SB 2589): Raises the penalty for public indecency and sexual exploitation of a child when the offense is committed by a person over 18 years of age on or within 500 feet of school grounds when children are present.
Meth Precursor (SB 2952): Raises all penalties by one penalty level on the illegal purchase, receipt or acquisition of more than 7,500 milligrams of methamphetamine precursor’s ephedrine or pseudoephedrine, within a 30 day period.
Science Zones (SB 2109): Amends the Task Force on Inventorying Employment Restrictions which was created to study the barriers to gaining public employment for individuals who have a criminal record. The bill provides that the Governor must appoint the task force chairperson, requires that CMS, IDES, DPH and ISP also have a designee as a member of the task force, and allows the various state agencies more time to compile the reports required to be submitted to the task force.
Veterans’ Taxes (SB 2350): Allows returning veterans to claim a $5,000 exemption in the tax year following the year in which they return if the primary residence is first acquired when they return.
Green Energy (SB 2505): Allows counties and municipalities to establish a green energy special service area or areas (GESSA) for the purpose of arranging and financing energy efficiency improvements and/or renewable energy improvements.
Estate Tax Waiver (SB 2579): Allows the State Treasurer to waive late-filing penalties imposed against a county treasurer on a case-by-case basis if the waiver shows that imposing penalties would be unreasonable or unnecessarily burdensome.
Business District Development (SB 2523): Amends the Business District Development and Redevelopment Act to allow a municipality to create an advisory board of directors.
Coroner’s Fees (SB 2529): Increases the fees that the coroner’s office is mandated to collect.
Municipal Local Improvement (SB 2614): Provides that when the corporate authorities of a municipality propose a local improvement that is estimated to cost more than $1 million (currently $200,000), the municipality may post notice of the proposed ordinance on the municipal website instead of publishing the notice.
Parking Meters (SB 2476): Requires local authorities to keep pathways located within all centralized parking meter systems clear of snow and ice.
Farming Vehicles (SB 2566): Allows all-terrain vehicles to be operated on county and township roads for farming operations.
Lower Speed Limit (SB 2804): Allows local authorities with low-density population areas to lower a speed limit to 25 mph (current law is 35 mph).
Vehicle Combinations (SB 2927): Corrects an error a previous year’s bill which allowed 80,000 pound trucks access to all roads in the state.
Vehicle Window Obstruction (SB 2994):Provides that a person may not drive a motor vehicle with any objects placed or suspended between the driver and the front windshield, rear window, side wings, or side windows immediately adjacent to each side of the driver which obstructs (rather than materially obstructs) the driver's view.
Wilmington Bonds (SB 2507): Allows Wilmington to increase its debt limitation in order to issue bonds under certain circumstances. The school district may issue bonds with an aggregate principal of $2,285,000 if certain criteria are met.
School Endorsement Certification (SB 2537): Makes changes to how school administrators can earn or endorse school administration certification.
Unfounded Reports (SB 2622): Extends the amount of time unfounded reports must be kept on file by DCFS and accessed by the Child Protective Services Unit.
Business Disclosure Documents (SB 2508): Requires that the disclosure document contain a statement that the prospective purchaser has 14 days (rather than 10 days) to review the disclosure document before finalizing the contract.
Beneficiary Power Lapse (SB 2509): Provides that a beneficiary of a trust may not be considered to be a settler or to have made a transfer to the trust merely because of a lapse, release, or waiver of his power of withdrawal to the extent that the value of the affected property does not exceed the amount allowed by the Internal Revenue Code.
Attorney Withdrawal (SB 2514): Provides that an attorney who withdraws from representing a representative must file a petition for fees and costs within 30 days after the withdrawal is approved by the court.
Home Repair and Remodeling (SB 2540): Provides that any person who suffers actual damages as a result of a violation of the Home Repair and Remodeling Act may bring an action pursuant to the Consumer Fraud and Deceptive Business Practices Act.
Limited Liability Company Certificate (SB 2553): Provides that all fees collected by IDFPR for LLC professional registration certification be deposited into the General Professions Dedicated Fund.
Child Support (SB 2570): Provides that a child support order can not be suspended or stayed following the entry of a judgment for dissolution of marriage due to the filing of post-judgment motions.
DNA Testing (SB 2606): Modernizes the provisions regarding DNA testing.
Registered Agents (SB 2807): Allows a limited liability company, limited partnership or limited liability partnership to serve as a registered agent for a corporation.
College Bonds (SB 2801): Permits bonds issues by KishwaukeeCommunity College to be issued for terms of up to 25 years, instead of 20.
Floodplains (SB 2556): Exempts lands protected from flooding within a Flood Prevention District from regulation under DNR’s permit programs, defines the term “100-year floodplain,” and deems an area not within the 100-year floodplain if it lies within an area protected by a levee or levees in a Flood Prevention District.
