Wednesday, May 21, 2008

Legislative Update



May, 2008

*Intensive lobbying by the Council 31 legislative staff--combined with a communications strategy to get the Union’s concerns out to the public and backed up by grassroots activity by AFSCME members across the state--is having a big impact at the State Capitol.

*Stateville Won’t Close -- AFSCME won a major victory in early May when the Illinois Department of Corrections announced it would back off its plan to close the Stateville Correctional Center. AFSCME’s campaign to save Stateville built a united front of virtually every state legislator in the region—as well as a host of local government officials, civic groups, and area businesses. In the wake of the Union’s intensive outreach program, it was hard to find anyone who thought the closing was a good idea. When IDOC realized it had no support for its plan, it had little choice but to agree to keep Stateville open—preventing the layoff of hundreds of union members.

*Coop Extension Cuts Blocked -- And AFSCME had a big hand in another win that saved hundreds of jobs—preventing the drastic cutback of the University of Illinois Cooperative Extension Program. When the Blagojevich Administration refused to release allocated funds for the program, which supports farmers, 4-H clubs, “greening” projects and other agricultural endeavors throughout the state, AFSCME joined with a wide array of environmental and education groups throughout the state to protest the plan. AFSCME testified against the cuts and supported legislation that would have funded the program in full. Then as the Union prepared to file a lawsuit to force release of the funds, the Administration saw the light and agreed to release the funds voluntarily.

*Direct Care Lobby Day -- The Capitol saw ‘AFSCME green’ on May 14 as some 200 AFSCME members from community agencies serving individuals with developmental disabilities descended on Springfield to press the case for “50 cents for fairness”—the Union’s campaign to win a pay raise for these low-wage employees. Workers attended a rally and then blanketed the Capitol to urge legislators to make sure that any final budget includes funding for a pay increase of at least 50 cts/hr. The Governor’s original budget proposal included no additional funding for these agencies.

*IMRF Pensions -- Moving any pension-related legislation in the General Assembly this year is like rolling a rock up a mountain. Legislators are alarmed by the state pension fund’s fiscal woes—and wary of pension improvements to any public system that might increase costs. However, progress has been made in recent weeks on two fronts. Two bills (HB 1959 and 1957) that would benefit local government employees who participate in the Illinois Municipal Retirement Fund (IMRF) passed out of the Senate and are garnering support in the House of Representatives (though still in the House Rules Committee). These bills actually have a chance of passage because the IMRF is better funded than almost any other public pension system. In addition, a measure that would fix a technical problem in the SERS system so that state employees who have unpaid time off during their final 48 months of service don’t see their benefit diminished passed out of the House with strong bipartisan support.

*Fight to Save Pontiac -- Unfortunately, when IDOC backed off its Stateville closure plan, it turned its sights on Pontiac Correctional Center and the Union has now launched an all-out battle to prevent Pontiac from being shuttered. State legislators from the Pontiac area have been quick to come out against the closure and AFSCME is working to convince other nearby legislators to speak out as well. Council 31 lobbyists are pressing to make sure that funding for Pontiac is included in any final budget. At the same time, AFSCME Local 494 has formed committees to reach out to the community and “Save Pontiac” signs are already sprouting on lawns and in store windows throughout the area. IDOC is going to find that its plan to close Pontiac draws just as much fire as the Stateville plan—and will meet the same fate.

*Don’t Move IDOT Office -- The Administration threw another wrench in the already very gummed up budget process when IDOT announced well into the legislative session that it would close the Division of Traffic Safety office in Springfield and move it to Benton in Southern Illinois. More than 40 AFSCME members could lose their jobs if the move goes through. But Local 2813, which represents the affected employees, is working with Council 31 and local legislators to defeat the plan.

*Budget Battle -- Legislators appear to be a long way from being able to agree on any budget—and the threat of a lengthy overtime session is very real. AFSCME is continuing to press our case that any final budget should include additional staff for the frontlines of state government. In the last legislative session, the General Assembly included 1,200 additional positions for critically-understaffed agencies. But the Governor’s vetoes cut funds for those positions and Senate President Emil Jones refused to allow an override vote on the vetoes. So this year Council 31 is again lobbying for inclusion of those 1,200 positions and pressing legislators to commit to push for an override vote if needed.

*Revenues Needed -- The fundamental problem is a lack of adequate revenues to keep state government operating effectively and enable the state to fulfill such vital commitments as educating our children. At the same time, there is growing pressure to enact a “capital bill”, legislation that would fund a major public works program to rebuild the state’s crumbling infrastructure of roads and bridges. AFSCME supports such an infrastructure repair program, but we believe that it must be full and responsibly funded. So far the primary funding mechanism under consideration is privatization of the state lottery. AFSCME is opposing such privatization because there are not adequate safeguards in the proposal to protect the jobs of the Lottery employees who are AFSCME members.

*Mandatory Overtime -- AFSCME is also seeking to address the crisis of understaffing by pressing for passage of legislation to ban mandatory overtime in DHS, DJJ, IDOC and Vets’ Affairs facilities. These agencies have come to rely on overtime to compensate for the acute shortage of staff on the frontlines—and as a result employees are being required to work exhausting amounts of overtime. During the week of May 5-9, AFSCME members in these agencies deluged state senators with calls urging them to support HB 5661 which would ban mandatory overtime. Those calls convinced a number of senators to sign on as cosponsors—bringing the total number of Senate cosponsors to 35. Council 31 also held a very well-attended press conference to release a new report which puts a human face on the consequences of mandatory overtime. HB 5661 has already passed the House by an overwhelming margin, but is still being held in the Senate Rules Committee.

*Hostage in the Senate -- In fact, a number of bills of importance to AFSCME members are being held up in the Senate Rules Committee—as are many other worthwhile measures. There has been considerable public outrage about the Senate leadership’s unwillingness to allow these bills to come to a vote before the full body. Senator Debbie Halverson, who had served as Rules Committee chair for many years, was removed from the position to insulate her from all the controversy since she is running for Congress in the Fall election. Her replacement, Sen. Rickey Hendon, has generally been much less responsive to public pressure.

Below is the status of key bills of importance to AFSCME members.

SUPPORT
Raise Needed Revenues (SB 2288—Sen. Meeks and Cullerton) – This measure would raise desperately-needed new revenues—and help to close the state’s structural deficit. Its sponsors have indicated that they do not intend to move the bill during the Spring legislative session, but hope to bring it to a vote during the Fall Veto Session. Status: On Second Reading in the Senate. Action Needed: Make sure your legislators know that you support this urgently-needed legislation and urge your State Senator to cosponsor SB 2288.

Ban Mandatory Overtime (HB 5661—Rep. Dugan) – This legislation would prohibit mandated 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. Status: HB 5661 passed out of the House by an overwhelming 108-2 vote. It is being held in the Senate Rules Committee. Action Needed: If you work in the agencies listed above, call your State Senator and let him/her know how mandatory overtime is harming you and your family.

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. However, AFSCME is continuing to support several pension measures which have limited fiscal impact and 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. Action Needed: Encourage your State Representative to urge their leadership to allow a vote on this bill.
* Illinois Municipal Retirement Fund (IMRF) Improvements (SB 1957 and 1959) -- AFSCME is supporting these measures which were developed jointly by the IMRF and a committee of public employee unions, including AFSCME. 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 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. Status: SB 1957 and 1959 have passed out of the Senate and are in House Rules Committee. Action Needed: Call your State Representative to tell him/her to press House leadership to allow a vote on these bills.
*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. Status: Passed out of the House. In Senate Rules Committee. Action Needed: Call your State Senator to urge support for HB 5011.
* Social Security Offset Opt Out (SB1985—Sen. Raoul) – Allows current and future SERS retirees to increase survivor benefits by voluntarily opting out of the Social Security offset provision; requires beneficiary contribution. Status: Passed Senate, in House Rules Committee. Action Needed: Call your State Representative and urge support for SB 1985.

Strengthen Safeguards Against MRSA (HB 4303—Rep. Froelich) – 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 was hijacked by Sen. Ricky Hendon when it came over to the Senate and being kept in Rules Committee at his rerquest. Action needed: Any state employees who have concerns about MRSA in their worksites should contact their State Senators to urge them to support this legislation.

Provide a COLA for Direct Care Workers (HB 4526/HB4597—Rep. Crespo; HB 4596—Rep. Crespo; SB 1977/SB 1978—Sen. Wilhelmi) HB 4526 and HB 4597 (and SB 1977/1978) 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. HB 4596 would establish an “automatic” COLA, requiring that every budget in coming years include a COLA that could fund a pay increase for these direct care workers. Status: These bills were all held in Rules committees because both chambers have yet to move any budget measures. 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.

Restrict Privatization in State Government (HB 4724—Rep. Hannig) – 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. (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 the House by an overwhelming vote of 109-6. It is in Senate Rules Committee.

Restrict Privatization of Community College Services (SB 2736—Sen. Keohler) – This measure includes the same restrictions on privatization as those in the legislation described above and would impact all community colleges. The bill was originally drafted to include state universities, but the universities were successful in amending it to significantly weaken the anti-privatization provisions affecting them. Status: SB 2736 is on Third Reading in the Senate.

Revise State Mileage Reimbursement (HB 5534—Rep. Verschoore) – This measure would provide that the mileage reimbursement for state employees be determined on the same calendar as the federal mileage reimbursement, allowing state reimbursement rates to more accurately reflect rising fuel costs. Status: HB 5534 passed out of the House and is being held in Senate Rules Committee. Action Needed: State employees affected by this legislation should contact their State Senators 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: Passed out of the House; in Senate Rules Committee.

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 committee.

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.

Appeal Process for Health Insurance Denial (HB4223 - Flowers) -- This bill requires health insurance companies and managed care plans to create an appeals procedure for any of their insured clients who are denied health care benefits for a treatment referral, procedure or other health care service. It also provides for an independent review process if the initial appeal is denied. Status: Passed out of House; in Senate Rules Committee.

Pharmaceutical Assistance (HB 4449—Rep. Franks) -- This is an expansion of Rx benefits to seniors. It raises the eligibility amount to 250% of the Federal Poverty Level, currently 200%, and makes changes to eligibility programs. Status: Passed House; in Senate Rules Committee.

State Operations Continuity (HB 4767—Rep. Tryon) -- This bill in intended to prevent State government from shutting down if the General Assembly fails to enact a budget by the end of the fiscal year. It provides for continued operation within the framework of the previous year’s budget. Status: Passed out of the House; in Senate Rules Committee.

Strengthen Parole System (HB 2748—Rep. Howard) -- In recent years IDOC has by regulation restricted the instances in which parole agents can violate parolees who commit offenses. This legislation, initiated by Attorney General Madigan, would require the Department to violate parolees who commit specified offenses. Status: Passed out of the House; in Senate Rules Committee.

School for the Deaf (HB 5321—Rep. Hamos) – This measure would appropriate funds needed for vital program expansion at the School for the Deaf. Status: Passed out of the House; 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. Status: Passed out of the House; in Senate Rules Committee. Action Needed: Any state employee who objects to having their name and salary published on a state website should ask their State Senator to vote “no” on this bill.

Restricting Right to Vote (HB 4402—Rep. Reis) – This bill would amend the Election Code to require that voters present a government-issued photo ID in order to be allowed to vote. The current system of voter registration in Illinois works well and there is no significant evidence of voter fraud. Requiring every citizen to produce a photo ID could seriously curtail voter participation. Status: On Second Reading in the House.

AMEND
When the concept of a separate Department of Juvenile Justice was introduced over two years ago, AFSCME opposed the scheme because it did nothing to address the underlying problems with the state’s juvenile correctional facilities—especially the lack of adequate educational programs for incarcerated youth. Unfortunately, we lost that fight. Since that time the pressure to change the juvenile justice system by increasing alternatives to incarceration has only grown in strength in the state legislature. AFSCME has been a lone voice speaking out for the need to continue to maintain a system of youth centers—and to significantly improve their operations. This fight is ongoing as legislators continue to push for measures that have the patina of “reform” while actually weakening the overall capacity of the system to rehabilitate youth offenders.
DJJ Advisory Committee (HB 4988—Rep. Hamos) – This measure originally established an Advisory Committee that effectively controlled the operations of the Department of Juvenile Justice and was charged with developing plans to close down the existing Illinois Youth Centers. However, AFSCME was able to persuade the backers of this legislation to amend it to significantly reduce the threat that it poses to IYC’s. The legislation now relies on the existing Advisory Committee and no longer assigns it any power over DJJ operations. The Advisory Committee’s role is restricted to conducting a study and it is no longer charged with developing plan to close down youth centers. The sponsor testified that it is not the bill’s intent to promote privatization of the juvenile justice system. Status: Passed out of the House; in Senate Rules Committee.
Redeploy Illinois (HB 5343—Rep. Collins) -- This measure expands the Redeploy Illinois program, which previously had siphoned funds away from IYC’s. Under pressure from AFSCME, this legislation was amended to make the program subject to appropriation – meaning it needs its own funding line—so that further expansion
cannot be based on shifting funding from IYC’s. Status: Passed out of the House; in Senate Rules Committee. AFSCME lobbyists met with HB 5343’s co-sponsor, Senate John Cullerton, about the continuing efforts of many of the bill’s backers to advance community program funding at the expense of the IYC’s, which clearly could lead to privatization. Sen. Cullerton committed to getting these groups to the table to discuss a joint effort to focus on the resource needs at the IYCs.

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