March, 2008
The Illinois General Assembly is now moving at full throttle and a number of AFSCME-backed bills have begun making their way down the legislative highway. At the same time, the budget process is largely in limbo, with legislators giving an icy cold shoulder to the Governor’s proposed spending/revenue plan for FY 09, but not yet having any alternative to offer. The AFSCME legislative team has been playing offense on some big issues of importance to union members, while fighting the good fight to stave off legislation that could harm members’ interests.
Budget/Revenue Issues Front and Center – Once again the Governor’s proposed budget plan does nothing to address the critical problem of understaffing in state government. Worse, it has now come to light that the Administration is failing to even fill funded vacancies—as many as 3,000 in all. AFSCME will be using the appropriations process—where the budget is subject to careful scrutiny--to call attention to the dire consequences of understaffing and to press legislators to step up the pressure on the Administration to hire additional staff.
One of the biggest budget battles of the legislative session is the fight to block the Administration’s planned closure of Stateville Correctional Center. While the proposed budget still includes funding for Stateville, IDOC has made clear its intention to close down all of the facility’s maximum security beds by the end of the fiscal year. AFSCME is making clear to legislators that this plan is dangerous and irresponsible. Local 1866 members have already packed a Senate Appropriations Committee hearing and a House Regional Budget Hearing to back up union leaders’ testimony against the closure and demonstrate the depth of their opposition. Next up will be a House Appropriations Committee hearing in early April.
And one of the biggest budget problems of the session is the ever-growing fiscal shortfall. None of the revenue-raising measures that the Governor has proposed come close to closing the gap—and as a result, most of the state’s critical needs are being shortchanged. There is growing awareness in the General Assembly about the urgency of raising new revenues—and that’s why there is growing support for the kind of tax reform legislation that AFSCME and our allies have been pushing for. SB 2288, which would raise the income tax while limiting property tax growth, passed out of committee and is now on Second Reading in the Senate, with an ever-growing number of cosponsors. HB 750, a similar measure, is also on Second Reading in the House.
Below are bills—to pass or defeat—that are high on Council 31’s legislative agenda this year.
SUPPORT
Ban Mandatory Overtime (HB 5661—Rep. Dugan; SB 2145—Sen. Halverson) – This legislation would prohibit requiring employees to work overtime in 24-hour facilities in IDOC, DJJ, DHS and DVA. It is intended to address the exhausting schedules that thousands of state workers in these agencies have because of being constantly mandated as a result of acute understaffing. The Administration could address this serious problem by simply hiring sufficient staff, but refuses to do so, claiming that employees like working so much overtime. If that’s the case, then why is the state opposing this legislation which would still permit voluntary overtime? The answer, of course, is that the employer is well aware that employees do not want to work the enormous amount of overtime that is being required of so many of them. Status: HB 5661 passed out of committee in the House; on Second Reading. SB 2145 is being held in Rules Committee in the Senate. Action Needed: State employees in the above-noted agencies should contact your State Representative and urge him/her to support HB 5661.
Strengthen Safeguards Against MRSA (HB 4303—Rep. Froelich; SB 1943—Sen. Forby) – MRSA and other staph infections represent a growing threat, especially to those employees who work in congregate settings, such as prisons or developmental centers. Unfortunately, in too many cases, the State is not taking adequate steps to prevent the spread of these dangerous infections. A number of employees in DOC and DHS have already been diagnosed with MRSA as a result of inadequate precautionary measures. This legislation would ensure that state agencies comply with “best practices” for preventing the spread of such infections. Status: HB 4303 passed out of committee and is on Second Reading in the House; SB 1943 is still in Senate Rules Committee. Action needed: Any state employees who have concerns about MRSA in their worksites should contact their State Representative to urge them to support this legislation.
Provide a COLA for Direct Care Workers (HB 4526/HB4597—Rep. Crespo; HB 4596—Rep. Crespo). HB 4526 and HB 4597 are companion measures that would amend the Governor’s proposed budget to include a 50ct./hr. pay increase for direct care workers in state-funded private agencies serving individuals with developmental disabilities. The Governor’s original budget plan does not include any wage increase at all for these workers, many of whom are represented by AFSCME. Status: These bills were held in committee because the House has not yet begun its budgetary process. The Union plans to continue to push for the inclusion of the 50 ct./hr. increase in any budget plan that the General Assembly adopts. HB 4596 would establish an “automatic” COLA, requiring that every budget in coming years include a cost-of-living increase for these direct care workers. Status: Still in House Rules Committee. Action Needed: Direct care workers should contact their State Representatives and State Senators to insist that any final budget include sufficient funds to disability service agencies to allow for employee pay raises.
Pension Improvements –Given the financial problems besetting governments at every level—as well as the vigorous propaganda campaign being waged by opponents of public employee pensions—there is strong resistance in the General Assembly to acting on any measure that would improve the pensions of public employees in any of Illinois’ various public sector pension systems. Nonetheless, AFSCME is continuing to support several pension measures which have limited fiscal impact and which can be viewed as matters of fairness, rather than major pension increases. These include:
*Cook County Corrections/Probation Employees Pension Bill (HB 4996--Rep. Flowers) -- This bill adds corrections employees with the Cook County Department of Corrections and County probation officers to the benefit provisions that currently apply to members of the Cook County Police Department. It would allow for retirement at age 50 with 20 or more years of service credit. Status: In House Rules Committee.
*SERS Definition of Final Average Compensation (HB 5011—Rep. Molaro) – This bill would fix a technical problem with the State Employees’ Retirement System (SERS) regarding the definition of “final average compensation,” so that state employees who have unpaid time off (for any reason, including union business) during their final 48 months of service can make retirement contributions to the pension system to assure that they receive both SERS service credit AND earnings credit toward the calculation of their monthly pension benefit, at their normal rate of compensation. The State University Retirement System (SURS) currently does have such a provision. Status: In House Rules Committee.
* IMRF Benefit Enhancements (SB 1957, 1958, 1959, and 1960) -- AFSCME Council 31 is supporting this package of governance and benefit enhancements for members of the Illinois Municipal Retirement Fund (IMRF), which were developed jointly by IMRF and a committee of public employee unions, including AFSCME. Unfortunately, many local government employers are opposed to some or all of these measures. SB 1957 would make the current non-voting Annuitant (retiree) Trustee a voting member of the IMRF Board of Trustees, and add one new management trustee. SB 1958 would provide interest on separation refunds for those IMRF participants who leave employment with an IMRF employer and elect to take a refund of their contributions. SB 1959 would stabilize the value of the IMRF supplemental benefit (the so-called “13th check”) at 75% of the amount of the normal monthly pension benefit, with the cost to be paid by IMRF employers. This is necessary as the value of the 13th check has eroded over time. SB 1960 would lower the current 8-year IMRF vesting period to 5-years, which is the standard for private defined benefit pension plans. SB 1957 and 1958 are on Third Reading in the Senate; SB 1959 and 1960 are on Second Reading in the Senate.
Action Needed: Employees affected by these measures should urge their legislators to encourage their leaders to allow them to come to a vote.
Restrict Privatization in State Government (HB 4724—Rep. Hannig; SB 2753—Sen. Harmon) – This legislation would put in place strict standards that would have to be met before any service currently provided by state employees could be privatized, including requiring that any contractor would have to pay comparable benefits as those provided by the state. It is meeting strong opposition by private firms that are currently or hope to become state vendors. (NOTE: This measure would not impact the current absolute ban on privatization of security functions in the Department of Corrections, pursuant to the Illinois Private Prison Moratorium Act.) Status: HB 4724 passed out of committee in the House and is now on Second Reading. SB 2753 is still in Rules Committee in the Senate. Action Needed: State employees should encourage their State Representatives to support HB 4724.
Restrict Privatization of University Services (SB 2736—Sen. Halvorson) – This measure includes the same restrictions on privatization as those in the legislation described above and would impact all state universities. Status: SB2736 passed out of committee in the Senate and is now on Second Reading.
Revise State Mileage Reimbursement (HB 5534—Rep. Verschoore; SB 2450--
Sen. Jacobs) – This measure would provide that the mileage reimbursement for state employees would be determined on the same calendar as the federal mileage reimbursement, allowing state reimbursement rates to more accurately reflect rising fuel costs. It passed both houses by wide margins in the last legislative session, but was amendatorily vetoed by the Governor and then effectively killed due to an error by its Senate sponsor. Status: HB 5534 is on Third Reading in the House; SB 2450 is still in Senate Rules Committee. Action Needed: State employees should contact their State Representatives to encourage them to support this measure.
Bar State Funding to Vendors During Strike (HB 4278—Rep. Graham) – This legislation would bar the state from continuing to fund any DHS contractor who is no longer fulfilling its service requirements due to an employee work stoppage. It was initiated in response to the AFSCME strike at Heartland Human Services in Effingham where DHS continued to fund the agency for over six months even though virtually no services were being provided. Status: On Second Reading in the House.
Improve Nurse Staffing Levels – (HB 392—Rep. Flowers) Illinois hospitals are becoming ever less safe for patients who rely on them and for the nurses who work in them because nurse staffing levels at the bedside have been steadily reduced. Studies show that inadequate nurse staffing greatly increases the risk of patient mortality. AFSCME is leading a statewide campaign to institute mandated nurse staffing levels in all Illinois hospitals—and has met with intense opposition from the Illinois Hospital Association. Status: On Second Reading pending further discussions with the IHA. Action Needed: In order to overcome the powerful opposition from the IHA, all AFSCME members should let their legislators know that they support legislation to require nurse staffing ratios that would meet patients’ needs.
Expand the Role of State Developmental Centers (HB 4334—Rep. Riley) – This measure would expand the role of state developmental centers to utilize the staff expertise and the more protected setting of these centers in order to provide consultation, guidance and temporary care when community agencies or families are having difficulty coping with developmentally disabled individuals who have extraordinary problems or needs. Unfortunately, a number of organizations are opposing this measure because they want to simply shut all state-operated centers down. Status: Assigned to subcommittee for further study.
Restore Summer UI for Educational Employees (HB 5048—Rep. Boland; SB 2177—Sen. Frerichs) – This measure would restore Unemployment Insurance benefits for those non-instructional education employees—both in local school districts and universities—who are laid off during the summer months. AFSCME is working to build a coalition of all of the unions who have members in educational settings in order to broaden support for this legislation which is strongly opposed by local school districts. Status: Both measures are still in Rules Committee in their respective houses.
Restore Full Bargaining Rights for Adult Educators (SB 1235—Sen. Delgado) – This measure would restore the bargaining rights that were taken away from community college faculty members as part of an educational reform measure enacted nearly a decade ago. Because the original law impacts thousands of full-time faculty, represented by the teachers’ unions, as well as the part-time adult educators at City of Chicago community colleges represented by AFSCME, there is strong opposition from the community colleges to this legislation. Status: In Senate Rules Committee.
Retore Funding for Central Illinois WIB (SB 2119—Sen. Koehler) – Restores $2 million dollar cut to the City of Peoria for operation of the Central Illinois Workforce Investment Board. Cuts in this program during the past fiscal year caused the layoffs of AFSCME members who work for the Board. Status: In Senate Rules Committee.
OPPOSE
State Employee Salaries OnLine (HB 4765—Rep. Tryon) This measure would establish a web portal that would provide direct access to information regarding the salaries of all state employees. While there are currently at least two websites that do list this information, neither is an official state website that is readily accessible to the general public. This legislation would list the name and the salary of every state employee, making this information easily available to the general public. While AFSCME recognizes that there may be a justification for providing such information on highly-paid top state officials, we cannot see any reason for making the salaries of frontline employees so readily available. Status: On Second Reading in the House.
Action Needed: Any state employee who objects to having their name and salary published on a state website should ask their State Representative to vote “no” on this bill.
Partial Privatization of All Kids Application Process (HB 4943—Rep. Mendoza) – Allow private employers to directly sign-up applicants for the State’s All Kids health insurance program and requires the State to pay such employers $50 for each completed application. The sponsor has said that she is seeking to find a way to encourage day laborers to enroll in the All Kids program and will work with the Union to try to find a way to achieve this goal without privatizing the work currently done by state employees. Status: On Second Reading in the House.
The Illinois General Assembly is now moving at full throttle and a number of AFSCME-backed bills have begun making their way down the legislative highway. At the same time, the budget process is largely in limbo, with legislators giving an icy cold shoulder to the Governor’s proposed spending/revenue plan for FY 09, but not yet having any alternative to offer. The AFSCME legislative team has been playing offense on some big issues of importance to union members, while fighting the good fight to stave off legislation that could harm members’ interests.
Budget/Revenue Issues Front and Center – Once again the Governor’s proposed budget plan does nothing to address the critical problem of understaffing in state government. Worse, it has now come to light that the Administration is failing to even fill funded vacancies—as many as 3,000 in all. AFSCME will be using the appropriations process—where the budget is subject to careful scrutiny--to call attention to the dire consequences of understaffing and to press legislators to step up the pressure on the Administration to hire additional staff.
One of the biggest budget battles of the legislative session is the fight to block the Administration’s planned closure of Stateville Correctional Center. While the proposed budget still includes funding for Stateville, IDOC has made clear its intention to close down all of the facility’s maximum security beds by the end of the fiscal year. AFSCME is making clear to legislators that this plan is dangerous and irresponsible. Local 1866 members have already packed a Senate Appropriations Committee hearing and a House Regional Budget Hearing to back up union leaders’ testimony against the closure and demonstrate the depth of their opposition. Next up will be a House Appropriations Committee hearing in early April.
And one of the biggest budget problems of the session is the ever-growing fiscal shortfall. None of the revenue-raising measures that the Governor has proposed come close to closing the gap—and as a result, most of the state’s critical needs are being shortchanged. There is growing awareness in the General Assembly about the urgency of raising new revenues—and that’s why there is growing support for the kind of tax reform legislation that AFSCME and our allies have been pushing for. SB 2288, which would raise the income tax while limiting property tax growth, passed out of committee and is now on Second Reading in the Senate, with an ever-growing number of cosponsors. HB 750, a similar measure, is also on Second Reading in the House.
Below are bills—to pass or defeat—that are high on Council 31’s legislative agenda this year.
SUPPORT
Ban Mandatory Overtime (HB 5661—Rep. Dugan; SB 2145—Sen. Halverson) – This legislation would prohibit requiring employees to work overtime in 24-hour facilities in IDOC, DJJ, DHS and DVA. It is intended to address the exhausting schedules that thousands of state workers in these agencies have because of being constantly mandated as a result of acute understaffing. The Administration could address this serious problem by simply hiring sufficient staff, but refuses to do so, claiming that employees like working so much overtime. If that’s the case, then why is the state opposing this legislation which would still permit voluntary overtime? The answer, of course, is that the employer is well aware that employees do not want to work the enormous amount of overtime that is being required of so many of them. Status: HB 5661 passed out of committee in the House; on Second Reading. SB 2145 is being held in Rules Committee in the Senate. Action Needed: State employees in the above-noted agencies should contact your State Representative and urge him/her to support HB 5661.
Strengthen Safeguards Against MRSA (HB 4303—Rep. Froelich; SB 1943—Sen. Forby) – MRSA and other staph infections represent a growing threat, especially to those employees who work in congregate settings, such as prisons or developmental centers. Unfortunately, in too many cases, the State is not taking adequate steps to prevent the spread of these dangerous infections. A number of employees in DOC and DHS have already been diagnosed with MRSA as a result of inadequate precautionary measures. This legislation would ensure that state agencies comply with “best practices” for preventing the spread of such infections. Status: HB 4303 passed out of committee and is on Second Reading in the House; SB 1943 is still in Senate Rules Committee. Action needed: Any state employees who have concerns about MRSA in their worksites should contact their State Representative to urge them to support this legislation.
Provide a COLA for Direct Care Workers (HB 4526/HB4597—Rep. Crespo; HB 4596—Rep. Crespo). HB 4526 and HB 4597 are companion measures that would amend the Governor’s proposed budget to include a 50ct./hr. pay increase for direct care workers in state-funded private agencies serving individuals with developmental disabilities. The Governor’s original budget plan does not include any wage increase at all for these workers, many of whom are represented by AFSCME. Status: These bills were held in committee because the House has not yet begun its budgetary process. The Union plans to continue to push for the inclusion of the 50 ct./hr. increase in any budget plan that the General Assembly adopts. HB 4596 would establish an “automatic” COLA, requiring that every budget in coming years include a cost-of-living increase for these direct care workers. Status: Still in House Rules Committee. Action Needed: Direct care workers should contact their State Representatives and State Senators to insist that any final budget include sufficient funds to disability service agencies to allow for employee pay raises.
Pension Improvements –Given the financial problems besetting governments at every level—as well as the vigorous propaganda campaign being waged by opponents of public employee pensions—there is strong resistance in the General Assembly to acting on any measure that would improve the pensions of public employees in any of Illinois’ various public sector pension systems. Nonetheless, AFSCME is continuing to support several pension measures which have limited fiscal impact and which can be viewed as matters of fairness, rather than major pension increases. These include:
*Cook County Corrections/Probation Employees Pension Bill (HB 4996--Rep. Flowers) -- This bill adds corrections employees with the Cook County Department of Corrections and County probation officers to the benefit provisions that currently apply to members of the Cook County Police Department. It would allow for retirement at age 50 with 20 or more years of service credit. Status: In House Rules Committee.
*SERS Definition of Final Average Compensation (HB 5011—Rep. Molaro) – This bill would fix a technical problem with the State Employees’ Retirement System (SERS) regarding the definition of “final average compensation,” so that state employees who have unpaid time off (for any reason, including union business) during their final 48 months of service can make retirement contributions to the pension system to assure that they receive both SERS service credit AND earnings credit toward the calculation of their monthly pension benefit, at their normal rate of compensation. The State University Retirement System (SURS) currently does have such a provision. Status: In House Rules Committee.
* IMRF Benefit Enhancements (SB 1957, 1958, 1959, and 1960) -- AFSCME Council 31 is supporting this package of governance and benefit enhancements for members of the Illinois Municipal Retirement Fund (IMRF), which were developed jointly by IMRF and a committee of public employee unions, including AFSCME. Unfortunately, many local government employers are opposed to some or all of these measures. SB 1957 would make the current non-voting Annuitant (retiree) Trustee a voting member of the IMRF Board of Trustees, and add one new management trustee. SB 1958 would provide interest on separation refunds for those IMRF participants who leave employment with an IMRF employer and elect to take a refund of their contributions. SB 1959 would stabilize the value of the IMRF supplemental benefit (the so-called “13th check”) at 75% of the amount of the normal monthly pension benefit, with the cost to be paid by IMRF employers. This is necessary as the value of the 13th check has eroded over time. SB 1960 would lower the current 8-year IMRF vesting period to 5-years, which is the standard for private defined benefit pension plans. SB 1957 and 1958 are on Third Reading in the Senate; SB 1959 and 1960 are on Second Reading in the Senate.
Action Needed: Employees affected by these measures should urge their legislators to encourage their leaders to allow them to come to a vote.
Restrict Privatization in State Government (HB 4724—Rep. Hannig; SB 2753—Sen. Harmon) – This legislation would put in place strict standards that would have to be met before any service currently provided by state employees could be privatized, including requiring that any contractor would have to pay comparable benefits as those provided by the state. It is meeting strong opposition by private firms that are currently or hope to become state vendors. (NOTE: This measure would not impact the current absolute ban on privatization of security functions in the Department of Corrections, pursuant to the Illinois Private Prison Moratorium Act.) Status: HB 4724 passed out of committee in the House and is now on Second Reading. SB 2753 is still in Rules Committee in the Senate. Action Needed: State employees should encourage their State Representatives to support HB 4724.
Restrict Privatization of University Services (SB 2736—Sen. Halvorson) – This measure includes the same restrictions on privatization as those in the legislation described above and would impact all state universities. Status: SB2736 passed out of committee in the Senate and is now on Second Reading.
Revise State Mileage Reimbursement (HB 5534—Rep. Verschoore; SB 2450--
Sen. Jacobs) – This measure would provide that the mileage reimbursement for state employees would be determined on the same calendar as the federal mileage reimbursement, allowing state reimbursement rates to more accurately reflect rising fuel costs. It passed both houses by wide margins in the last legislative session, but was amendatorily vetoed by the Governor and then effectively killed due to an error by its Senate sponsor. Status: HB 5534 is on Third Reading in the House; SB 2450 is still in Senate Rules Committee. Action Needed: State employees should contact their State Representatives to encourage them to support this measure.
Bar State Funding to Vendors During Strike (HB 4278—Rep. Graham) – This legislation would bar the state from continuing to fund any DHS contractor who is no longer fulfilling its service requirements due to an employee work stoppage. It was initiated in response to the AFSCME strike at Heartland Human Services in Effingham where DHS continued to fund the agency for over six months even though virtually no services were being provided. Status: On Second Reading in the House.
Improve Nurse Staffing Levels – (HB 392—Rep. Flowers) Illinois hospitals are becoming ever less safe for patients who rely on them and for the nurses who work in them because nurse staffing levels at the bedside have been steadily reduced. Studies show that inadequate nurse staffing greatly increases the risk of patient mortality. AFSCME is leading a statewide campaign to institute mandated nurse staffing levels in all Illinois hospitals—and has met with intense opposition from the Illinois Hospital Association. Status: On Second Reading pending further discussions with the IHA. Action Needed: In order to overcome the powerful opposition from the IHA, all AFSCME members should let their legislators know that they support legislation to require nurse staffing ratios that would meet patients’ needs.
Expand the Role of State Developmental Centers (HB 4334—Rep. Riley) – This measure would expand the role of state developmental centers to utilize the staff expertise and the more protected setting of these centers in order to provide consultation, guidance and temporary care when community agencies or families are having difficulty coping with developmentally disabled individuals who have extraordinary problems or needs. Unfortunately, a number of organizations are opposing this measure because they want to simply shut all state-operated centers down. Status: Assigned to subcommittee for further study.
Restore Summer UI for Educational Employees (HB 5048—Rep. Boland; SB 2177—Sen. Frerichs) – This measure would restore Unemployment Insurance benefits for those non-instructional education employees—both in local school districts and universities—who are laid off during the summer months. AFSCME is working to build a coalition of all of the unions who have members in educational settings in order to broaden support for this legislation which is strongly opposed by local school districts. Status: Both measures are still in Rules Committee in their respective houses.
Restore Full Bargaining Rights for Adult Educators (SB 1235—Sen. Delgado) – This measure would restore the bargaining rights that were taken away from community college faculty members as part of an educational reform measure enacted nearly a decade ago. Because the original law impacts thousands of full-time faculty, represented by the teachers’ unions, as well as the part-time adult educators at City of Chicago community colleges represented by AFSCME, there is strong opposition from the community colleges to this legislation. Status: In Senate Rules Committee.
Retore Funding for Central Illinois WIB (SB 2119—Sen. Koehler) – Restores $2 million dollar cut to the City of Peoria for operation of the Central Illinois Workforce Investment Board. Cuts in this program during the past fiscal year caused the layoffs of AFSCME members who work for the Board. Status: In Senate Rules Committee.
OPPOSE
State Employee Salaries OnLine (HB 4765—Rep. Tryon) This measure would establish a web portal that would provide direct access to information regarding the salaries of all state employees. While there are currently at least two websites that do list this information, neither is an official state website that is readily accessible to the general public. This legislation would list the name and the salary of every state employee, making this information easily available to the general public. While AFSCME recognizes that there may be a justification for providing such information on highly-paid top state officials, we cannot see any reason for making the salaries of frontline employees so readily available. Status: On Second Reading in the House.
Action Needed: Any state employee who objects to having their name and salary published on a state website should ask their State Representative to vote “no” on this bill.
Partial Privatization of All Kids Application Process (HB 4943—Rep. Mendoza) – Allow private employers to directly sign-up applicants for the State’s All Kids health insurance program and requires the State to pay such employers $50 for each completed application. The sponsor has said that she is seeking to find a way to encourage day laborers to enroll in the All Kids program and will work with the Union to try to find a way to achieve this goal without privatizing the work currently done by state employees. Status: On Second Reading in the House.
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