Senate Week in Review: July 18-22

This week in the Illinois Senate, Republicans and concerned citizens filed a federal lawsuit June 20 to invalidate the 2011 legislative boundaries which is believed violate the U.S. Constitution, the Illinois Constitution and the Federal Voting Rights Act of 1965.

In other news, lawmakers and state officials began exploring available options after the Obama Administration moved to undo key anti-fraud provisions of a bipartisan Medicaid Reform package approved in January, and the Illinois Comptroller released a detailed analysis of the state’s fiscal year 2010.

Senate Republican Leader Christine Radogno, House Republican Leader Tom Cross and concerned citizens filed a federal lawsuit in the Northern District of Illinois this week in an effort to force a redraw of legislative districts.

The lawsuit has been filed against the State Board of Elections, arguing the state’s General Assembly redistricting maps represent a direct violation of the Federal Voting Rights Act and some of voters’ most basic rights under the Illinois and U.S. constitutions. Specifically the suit makes the allegations that African Americans and Latinos were not provided with a “fair opportunity” to participate, the public did not receive a sufficient amount of time for review, it dilutes the voting power of Republican voters throughout the states, and violates the compactness requirement of the Illinois Constitution. 

The lawsuit will be considered in the coming months. If the plaintiffs are successful, the court could direct the General Assembly to redraw the district boundaries of all or parts of the state. The court could also direct a “Special Master” to redraw the lines, or it could direct a Legislative Redistricting Commission, as provided by the Illinois Constitution, to draw the boundaries with equal appointments made by the four legislative leaders.  If the Commission cannot agree, a tiebreaker’s name would be drawn from a hat.  

Also during the week, Obama Administration officials are receiving backlash for attempting to block two key provisions included in Illinois’ Medicaid reform law (HB 5420), which passed in January with strong bipartisan support. Federal and state lawmakers say that by blocking implementation of the reforms the federal government is overreaching its authority and undermining efforts to curb Medicaid fraud.

Last month, Illinois Medicaid managers were informed by the federal Centers for Medicare and Medicaid Services (CMMS) that two of the fifteen reforms passed by the previous General Assembly in January violate federal rules that prohibit states from changing criteria for those who seek Medicaid.  The two reforms which are said to violate the criteria deal with income and residency requirements. 

The reforms in question seek to prove Medicaid eligibility in order to ensure that those who truly need assistance receive what they deserve.  Asking Medicaid recipients how much they earn or to provide proof of residency is an effort to prevent fraud and effectively save money for Illinois. The intent of these reforms was not to alienate people from seeking Medicaid.  The criteria for Medicaid eligibility are valid and should not be prevented by the federal government.

Although the eligibility verifications are the only portion of the law challenged so far by the federal government, in a letter to the State Department of Healthcare and Family Services, Obama Administration official Cindy Mann left open the possibility that they may attempt to undo other provisions of the Medicaid reform law, saying that since there is an Oct. 1 date for those provisions to go into effect, "we will respond to those issues separately."

This type of overreach is particularly egregious.  I hope to see a quick resolution to this issue followed by the successful implementation of the complete Illinois Medicaid reform package. 

And on July 21, Comptroller Judy Baar Topinka released the Illinois Comprehensive Annual Financial Report (CAFR) for the 2010 Fiscal Year.

According to the Comptroller’s report, in FY 2010 Illinois confronted billions of dollars in increasing deficits and outstanding liabilities, and almost 11 percent of the state’s nearly 13 million people were out of work. Even with the almost $4 billion in federal funding the state treasury received from the American Recovery and Reinvestment Act, in a single year Illinois’ deficit increased $1.8 billion, from $7.4 billion to $9.2 billion. 

The report noted that “The state has shown an inability to generate sufficient cash from its current revenue structure to pay operating expenditures on a timely basis.” In fact, FY 2010 was the 8th consecutive year Illinois engaged in short-term borrowing to pay for state expenses, yet Illinois ended FY 2010 with $1.521 billion in deferred liabilities, primarily Medicaid-related expenses. The CAFR noted that the state’s continued reliance on deferring yearly obligations creates an additional cash management strain at the beginning of each new fiscal year, particularly in the first and second quarters.

The FY 2010 deficit persisted despite the more than $275 million that was drained from the State’s Budget Stabilization Fund. The Fund was created in 2000 to assist the State in meeting cash flow deficits as needed.  As of June 30, 2010, there was a balance of $0 in the Budget Stabilization Fund. 

Bonding and pension debt continued to be the state’s largest liabilities in FY 2010. The state’s total bonded indebtedness came to $27.4 billion, and in the 2010 fiscal year the state paid more than $1 billion in interest on the obligations. Pension obligations comprised the second largest liability in Illinois, and increased by almost $1.3 billion in FY 2010 alone. Though the targeted funding percentage for Illinois’ five state-funded retirement systems is 90 percent, as of June 30, 2010 the pension systems were a dismal 45.4 percent funded.

In recent years, Illinois has consistently seen its credit ratings downgraded based on the state’s continuing budget deficit and chronic failure to address Illinois’ ongoing fiscal issues. Despite arguments from state Democrats that the national recession is the primary cause of the budget deficit, recent downgrades are mostly unique to Illinois and California. These independent “report cards” of the state’s finances are indicative of serious financial problems, and will likely lead to hundreds of millions of dollars in higher interest costs over future years.

Legislation signed into law during the week includes:

Aggravated Assault (HB 3390/PA 97-0159): Requires mandatory prison time for aggravated assault with a firearm against a peace officer, community policing volunteer, private security officer, fireman, emergency medical technicians, paramedics, ambulance drivers, or other medical assistance or first aid personnel.

Aggravated Intimidation (SB 1739/PA 97-0162): Establishes that a person has committed aggravated intimidation if they knew their victim was a civilian reporting information about a forcible felony to a law enforcement agency, and the offense was committed for that reason.

Charter Schools (HB 2401/PA 97-0151): Requires that with regards to the five “re-enrolling drop-out” charter schools and the 15-maximum “campuses” in Chicago, a collective bargaining contract be entered into between each individual, re-enrolling charter school campus in order to unionize the teachers within that charter school. 

Child Luring (SB 1038/PA 97-0160): Recognizes that Illinois has a compelling interest in identifying and providing appropriate sentences in cases where offenses are sexually motivated and to recognize the greater danger sex offenders pose to children. Therefore it requires all child abductors under this section [10-5(b) (10) child luring] to undergo a sex offender evaluation prior to sentencing. Increases the penalty to a class 2 felony for a second offense when a person has a prior conviction of a sex offense as defined in the Sex Offender Registration Act or any substantially similar federal, Uniform Code of Military Justice, sister state or foreign government offense. Adds language to make it harder for an offender to claim a lawful intent (of trying to lure a minor) if they do not have express permission of a parent.

Child Pornography (HB 3283/PA 97-0157): Enhances the penalty for filming, videotaping, or creating a moving image of child pornography, or possessing such items.

Doctor Sex Offenders (HB 1271/PA 97-0156): Provides that licensed health-care workers who have been convicted of a sex crime will have their license to practice permanently revoked.

FOID Revocation (HB 3365/PA 97-0158): Provides that a person convicted of domestic battery is not eligible to obtain or keep a FOID Card. People who have an order of protection issued against them must also surrender their FOID Card for the duration of the order.

Good Samaritan (HB 1549/PA 97-0150): Requires that for immunity under the Good Samaritan Act a person providing CPR must be trained in accordance with the standards of the American Red Cross or the American Heart Association and that the care be provided in accordance with the training.

Hate Crimes (SB 1708/PA 97-0161): Provides if an offender receives probation or conditional discharge following a conviction for a hate crime where the offender caused criminal damage to religious property, the offender must enroll in an educational program discouraging hate crimes.

Juvenile Sex Offender Study (SB 2151/PA 97-0163): Provides that the Illinois Juvenile Justice Commission study and make recommendations to the Governor and General Assembly to ensure the effective treatment and supervision of adjudicated delinquent juvenile sex offenders. The study must also consider the appropriateness and feasibility of restricting juveniles adjudicated as sex offenders from certain locations, such as parks and schools.

Laser Airplane Prohibition (HB 167/PA 97-0153): Prohibits discharging a laser into the cockpit of an aircraft that is taking off, landing, or in flight.

Sex Offenders (HB 295/PA 97-0155): Requires sex offenders who are employed at or attend an institution of higher education to also register with the campus’s public safety or security director instead of just with the Chief of Police or County Sheriff. 

State Charter School Commission (SB 79): Creates a State Charter School Commission, which will be an independent State agency that has statewide chartering jurisdiction and authority. The Commission will focus on schools designed for at-risk students.