Council 31 Legislative Update

March, 2009


Addressing the state fiscal crisis -- As the nation’s economy sinks ever deeper into recession, the State’s financial situation becomes ever more precarious—with the deficit now ballooning to some $9 billion. The state’s ongoing fiscal problems also have a negative impact on state-funded private agencies, public universities and local governments which are reliant on state funding.
Working as part of the A+ Illinois campaign, AFSCME has been a leading force in catalyzing a grassroots campaign to enact legislation that would raise desperately needed new revenue. Gov. Quinn has indicated that he will propose a plan to address the state’s revenue shortfall when he unveils his FY ’10 budget proposal later this month. But many Republicans in the General Assembly have already begun trashing any form of tax increase. Their only solution to the state’s fiscal woes is further cutbacks.
That’s why AFSCME Council 31 is initiating a grassroots campaign to begin now to build support for a tax increase sufficient to enable Illinois to weather the storms of recession, maintain vital services and create new jobs. Local unions will soon be getting materials to help you make sure your legislators get the message—We need new revenues NOW!

Aid to local governments -- Local governments throughout Illinois—cities, counties and school districts where so many AFSCME members work—have a big stake in passage of a state tax increase. Through the state’s Local Government Distributive Fund (LGDF), local governments receive a fixed portion of state income tax revenues. School districts receive much of their funding from the state. And most local governments also rely on numerous other state revenue streams to help them function effectively.
As state revenues have declined over the past few years, state funds flowing to local governments have also declined. An increase in the state income tax would benefit local governments in many ways—but most directly through the LGDF. A state income tax increase of 2% would generate more than $500,000,000 for disbursement to local governments.

Protect public employee pensions/Oppose SB303 and SB304 – Whether AFSCME members work for (or retired from) the state (SERS), a local government (IMRF, Cook County, City of Chicago) or a public university (SURS), their pensions are set and regulated by the Illinois General Assembly. As the liability for pension funding and retiree health care costs becomes an ever greater source of public controversy, more and more elected officials are seeking ways to reduce that liability by reducing retirement benefits. AFSCME has been a leader in the fight to protect public employee retirement security and we will continue to vigorously oppose all efforts to weaken that security.
Big business is stepping up its efforts to do away with traditional pension plans—defined benefit plans—for all public sector workers and instead move all employees into “defined contribution” plans, such as 401(k)’s which invest in the stock market and do not guarantee a specific pension benefit. Wall Street’s recent meltdown is a prime example of why workers cannot rely on the stock market for a secure retirement. But even that dire warning hasn’t slowed business lobbyists’ full court press for “pension reform” that will effectively wipe out pensions for all new employees in the public sector.
SB303 and SB304, sponsored by Sen. Bill Brady, are the opening shot in this war. SB304 would wipe out the current pension system for all new state or university employees and require that they participate in a defined contribution plan (“self-managed program”). SB303 would make such participation voluntary—but would still open the door to moving in the direction of eliminating pensions for new employees. AFSCME Position: Oppose. Status: SB303 and SB304 are in the Senate Pensions and Investments Committee
Before this legislative session ends, we expect to see other bills that will seek to eliminate defined benefit plans for all public sector workers and/or to reduce pension benefits for newly-hired employees. AFSCME is working with other public sector unions through the Illinois Retirement Security Initiative (IRSI) to thwart these efforts.

Adequate staffing levels for state agencies/End forced overtime (SB1369/HB1054) – AFSCME is continuing to press the Governor’s Office and legislative leaders to address the critical problem of understaffing in state agencies by including funding for additional staff in the upcoming FY 10 budget. Part of Council 31’s grassroots campaign for a tax increase will include outreach to legislators regarding the damage done to employees and the services they provide as a result of understaffing.
By continuing to press for enactment of legislation that would ban forced overtime (SB1369, sponsored by Sen. Frerichs and HB1054, sponsored by Rep. Dugan), we can heighten public—and legislative—awareness of the damage done by inadequate staffing levels, especially in 24-hour facilities. This legislation would ban forced overtime in IDOC, DJJ, DHS and Vets Affairs facilities. AFSCME Position: Support. Status: SB1369 is in Senate Labor Committee; HB1054 is in House Labor Committee.

Oppose closures or downsizing/Require legislative approval for closures (SB327/HB2376) --
This week the Union won a round in the fight against facility or site closures when Gov. Quinn announced the reopening of the state parks that his predecessor had closed. AFSCME is continuing to press for a reversal of the previous governor’s plans to close Pontiac CC, Howe DC, Tinley Park MHC. In addition, the Union is pushing for reopening state historic sites and for halting the planned move of the IDOT Traffic Safety Division.
Council 31 is working to enact legislation that will require greater legislative oversight of any proposed closure. SB357, sponsored by Sen. Crotty, and HB2367, sponsored by Rep. Gordon, would amend the state’s Facility Closure Act to require that if a facility or site is funded in the budget enacted by the General Assembly, it cannot subsequently be closed without a joint resolution of the General Assembly approving the closure. AFSCME Position: Support. Status: SB327 is in Senate State Government and Veterans Affairs Committee; HB2376 is in House State Government Administration Committee.

Funding for COLA for direct care workers in community service agencies (SB 1368/HB660) -- Employees in community-based agencies serving people with disabilities or others in need must depend on state funding. Thousands of these workers have joined the ranks of AFSCME in order to improve their low wage levels and inadequate benefits. We’ve made progress – but there’s still a long way to go. Last year, after vigorous grassroots lobbying by direct care workers, AFSCME succeeded in passing legislation for a 50 ct. pay increase for community disability workers. But the previous governor vetoed that funding. This year it will be even harder to win funding given the state’s budget shortfalls—but AFSCME is determined to make this fight.
SB1368, sponsored by Sen. Koehler, and HB660, sponsored by Rep. Froehlich, would require the inclusion of a 50 ct pay increase for community disability workers in the FY 10 budget. In order to have the best chance of securing this funding, it is critical that the General Assembly enact a tax increase that will close the state’s $9 billion budget shortfall. Council 31 will be working with direct care local unions to build a grassroots lobbying effort that will combine support for new revenue with pressure for a pay raise for direct care workers. AFSCME Position: Support. Status: SB1368 is in Senate Appropriations I Committee; HB660 is in the House Human Services Appropriations Committee.
To address the wide pay disparity between workers in community agencies and those in state-funded developmental centers, AFSCME is introducing legislation (SB1564/HB2259) that would require the state to regularly increase wage rates for community agency workers on an ongoing basis over the next five years. AFSCME Position: Support. Status: SB1564 has not been assigned to committee; HB2259 is in the House Executive Committee

Adequate funding for state universities -- State universities are anticipating that the state’s current fiscal woes will require severe budget cutbacks, which could threaten layoffs and make contract negotiations more difficult. AFSCME will continue to work in coalition with other unions, educational advocates and student organizations to ensure adequate funding for our state universities. As part of our campaign to build support for a tax increase, we will work to educate legislators about the importance of adequate for our state’s public universities.

Fight privatization of public services and assets/Support restrictions on state privatization (SB1602/HB588) -- AFSCME has introduced SB1602 and HB588 which would establish strict accountability standards for any proposal to privatize services currently provided by state government. This legislation is based on legislation that the union previously enacted that restricted privatization in local school districts. AFSCME position: Support. Status: HB588 is in the House State Government Administration Committee; SB1602 is in the Senate State Government and Veterans Affairs Committee.
Council 31 will oppose all legislation that would have the effect of privatizing any service currently provided by public employees. To that end, AFSCME is working to amend SB1654, sponsored by Sen. Harmon, which would privatize the management of the Illinois Lottery. AFSCME wants to ensure that the jobs of all current bargaining unit employees at the lottery would be protected with their status as state employees and their collective bargaining rights preserved.

Provide fairness for Corrections health care employees (SB1987/HB2375) – AFSCME-represented medical vendor employees in DOC and DJJ have made steady progress through their union toward achieving wage parity with state medical personnel in these departments. However, they still have to pay significantly more for their health coverage and do not have a defined benefit pension plan. AFSCME is pushing for passage of this legislation which would make employees of corrections medical vendors who are union-represented state employees and enable them to keep their union representation. AFSCME position: Support. Status: HB2375 is in the House Labor Committee; SB1987 has not yet been assigned.

Improve health care quality and access/Support nurse staffing ratios (SB2224/HB485) --
The American health care system is in crisis. The only real solution is a national program of universal health care—and Council 31 is participating in the AFL-CIO’s nationwide campaign to press for the development and enactment of major health care reform to meet that goal. At the same time, we will seek to address problems that can be tackled at the state level.
To that end, AFSCME is leading a statewide coalition that is seeking to enact legislation to establish required nurse-to-patient staffing ratios in Illinois hospitals and to provide for nurse input into staffing plans. SB2224 and HB485 are being held in committee pending negotiations with the Illinois Hospital Association, which is fiercely opposing this measure.

Oppose efforts to reduce care and services for individuals with mental illness and developmental disabilities -- There is growing pressure to close or downsize state-operated centers for persons with mental illness and developmental disabilities. In addition, legislation has been introduced that would change the way disability services are funded, resulting in the drastic downsizing of all Intermediate Care Facilities, both state-operated centers and community-based disability agencies. Council 31 will continue to support a comprehensive array of services for people with mental illness and developmental disabilities and to oppose efforts to fund one type of service by cutting another. There are a number of bills that have been introduced that would negatively impact state-operated mental health and developmental centers. None of these measures appears to have any traction at this point. Council 31 is monitoring them closely and will sound the alarm if they begin to move through the legislative process.

Restore and expand union rights (HB2445) -- Council 31 is working with the Illinois AFL-CIO to pass this omnibus reform of the Illinois public sector labor relations law in order to address key problems that have arisen, such as lengthy delays in adjudicating Unfair Labor Practice charges. AFSCME Position: Support. Status: HB 2445 is the House Labor Committee.

Bring greater equity to the Unemployment Insurance program (HB2555 and SB1350) -- AFSCME is seeking to pass legislation (HB2555, sponsored by Rep. Walker) that would expand UI benefits to those school district and university employees who are laid off in the summer months. However school districts and universities are vigorously opposing this measure because of the costs involved. In addition, Council 31 is seeking to enact legislation (SB1350, sponsored by Sen. Forby) that would extend the time period for cut-off of UI benefits when an employer has locked out its employees. AFSCME Position: Support. Status: HB2555 is in the House Executive Committee; SB1350 is in the Senate Labor Committee.

Address inequities in pension systems --While the State of Illinois’ chronic underfunding of the pension systems has created a hostile atmosphere for passing pension enhancements, there are some inequities that need to be addressed and Council 31 has introduced several bills to advance those remedies. Unfortunately, at this point, both houses appear to have put a hold on any legislation that would improve any public employee pension benefits. The Council will send out information to affected employees if any of these bills are allowed to move forward through the legislative process.

Protect state employee privacy (HB35) – AFSCME is working to defeat this measure, sponsored by Rep. Tryon, which would require that the names and salaries of all state employees be made available on a web portal that would be widely accessible to the general public.
AFSCME Position: Oppose. Status: On Second Reading in the House. Action Needed: There is broad support for this legislation in the General Assembly. State employees who are concerned about protecting their privacy should contact their state representatives and urge them to vote against HB35.

Establish fair mileage reimbursement rules (HB480) – AFSCME has been pressing for several years now to bring state mileage reimbursement regulations in line with federal protocols which are fairer to employees. HB480, sponsored by Rep. Boland, would accomplish that goal.
AFSCME Position: Support. Status: On Third Reading in the House.

Establish MRSA protections in law (SB105/HB185) – Since MRSA infections first emerged as a serious health threat, AFSCME has led a high-pressure effort to force employers to institute appropriate protocols to prevent the occurrence of such infections. Those efforts were largely successful and the incidence of MRSA infections has dramatically declined. While the urgency of establishing these protocols in law is not as great as it was initially, Council 31 is supporting this legislation to make sure that every workplace in Illinois has appropriate employee protections in place to prevent the spread of MRSA. AFSCME Position: Support. Status: HB185 is in the House Human Services Committee; SB105 is in the Senate Public Health Committee.

Dozens of bills impact AFSCME members – There are literally dozens of other bills that the AFSCME lobbying team is working to support or defeat that would affect AFSCME members—in some cases as few as a dozen employees. Whatever the number of employees involved, if a bill could hurt or help them—and if it has a chance of moving forward in the General Assembly—Council 31 lobbyists are hard at work to make sure that the interests of union members are protected and advanced. If any of these bills emerge as a real threat to members’ well-being or as potential benefits to members, the local unions that are impacted will be notified so that they can assist in the lobbying effort.