Legislative Action

Dealing with the budget, 'emergencies' by bills and shells

By NORA NEWMAN JURGENS

THE second year of a legislative session is supposed to be limited to the budget and any "emergency" matters. But this "gentleman's agreement" has never stopped legislators, who this year have filed bills dealing with every issue from the insurance crisis to naming a state fish.

Lawmakers who are serious about their legislation have the added task of convincing the House or Senate Rules Committee that there is a need for their particular proposal. Even if a bill is left to languish in Rules, however, there are always other opportunities to bring the issue to the attention of the members. The various tools include so-called "shell" or "vehicle" bills, which as long as they deal with a similar subject can be amended. For example, Rep. James F. Keane (D-28, Chicago) has introduced a bill which establishes a "State Procurement Act" and repeals all current statutes covering the state's purchasing requirements. Keane, who chairs a subcommittee of the Legislative Audit Commission, filed the bill, which contains no other provisions, in order to meet the deadline for bill introductions. His subcommittee has been spending the past year developing a new procurement policy for the state and will be ready to fill the shell later this session. (See "The state of the State," February 1986, p. 4.)

The House Rules Committee took five hours at its April 1 meeting to deal with the 309 bills requested to be considered as emergency legislation. The committee determined that 136 of them were important enough to be assigned to the appropriate committees. Another 200 were deemed emergencies by April 15, including Keane's.

The Senate has traditionally been stricter about adhering to its rules limiting substantive legislation in even-numbered years to emergencies. As of April 15, the Senate Rules Committee had exempted 308 bills. At its meeting in February, only four pieces of new legislation were released. Two dealt with the school consolidation issue, which lawmakers quickly settled in March. Of the other two, one (S.B. 1491, sponsored by Senate President Philip J. Rock, D-8, Oak Park) expands the Abused and Neglected Child Reporting Act to include employees and professionals who frequently have contact with children. The other bill, S.B. 1495, sponsored by Sen. Judy Barr Topinka (R-22, Riverside) on behalf of Gov. James R. Thompson, creates the Casino Night and Raffle Act, allowing churches and other not-for-profit organizations to hold so-called "Las Vegas Night" fundraisers. Current law bans such activities, but organizations have been holding them for years. Only in the past six months, when a high school in Chicago had to cancel an event after police received an anonymous complaint, have officials been cracking down on the practice.

The Senate Democrats followed suit in February, with the introduction of a similar bill (S.B. 1552) by Sen. Thaddeus S. (Ted) Lechowizc (D-6, Chicago).

As it is every year, the fiscal 1987 budget will be one of the key issues this session. Presented by Gov. Thompson March 5, the $20 billion spending and revenue plan is being carefully scrutinized by staffs in both houses. (See "Governor on high wire with budget, priorities," April 1986, pages 4-6.) Departments and agencies are required to account for every line item in their budget and face inquisitions by both staff and members of the four appropriations committees.

Appropriations bills were due to be introduced in each house in April. Amendments are expected this month and final passage is usually part of last minute negotiations. Funding for the second year of the governor's Build Illinois program is expected to be the proverbial political football, with Democrats pointing out that last year's projects have just started up and that revenue sources for the program are at best shaky. (See "Where is Build Illinois its first year?" April 1986, pages 13-14.)

The amount of revenue needed to support the entire budget is already being disputed by the Illinois Economic and Fiscal Commission, the legislative equivalent to Thompson's Bureau of the Budget (BOB). In its March report to the General Assembly, the commission estimated general fund revenues for fiscal 1987 to be $10,882 billion, including interstate messages taxes currently being paid into a protest fund. The BOB estimates the state will receive $11,191 billion in general revenues. That is a $309 million gap between the two sets of forecasts; major differences occur in revenue estimates from income taxes, sales taxes and the cigarette tax. The BOB is higher in most revenue categories than the commission.

Legislative leaders have accused Thompson of "exaggerating" revenues, and worry that there will not be enough money to pay for his budget proposals. The governor, who stands by the BOB's estimates, said it is the "constitutional duty" of the General Assembly to cut the budget to fit the revenues they think will be available.

Here are some other issues lawmakers may be dealing with this spring:

Elementary and secondary education. The school consolidation conundrum was solved early in March (see "Legislative Action," April 1986, pages 29-30), putting the issue of adequate funding for schools in the spotlight. The State Board of Education is certain to want more than the $250 million increase in state spending Gov. Thompson has committed to education in fiscal 1987. In addition, there will probably be some attempts to "cleanup" last year's reform legislation, particularly in the area of physical education requirements. There is an apparent need to clarify the language to give local districts greater flexibility in exempting juniors and seniors in high school from physical education classes.

Sure to spark controversy is a bill introduced by Sen. William A. Marovitz (D-3, Chicago). Known as "no pass-no play," S.B. 1522 would prohibit students from participating in sports if they do not maintain passing grades.

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Finance and credit regulation. Credit card interest rates will be a prime issue this election year. Three bills have been introduced in the Senate to cap interest rates charged credit card customers. There is a "wait-and-see" attitude about this issue since last year's new law allowing Illinois banks to do business in neighboring states goes into effect July 1.

Insurance. Attempts to deal with the so-called crisis in liability insurance have dominated the legislative arena. Forces have lined up on both sides of the issue, with legislative packages introduced on behalf of those interests who want to see major tort reform and those who believe that insurance companies should be held more accountable for their actions in pricing and availability. Both the House and Senate have held hearings on the question, but lawmakers may be reluctant to tamper with the civil justice system if they cannot get assurances from the insurance industry that any reforms will indeed ease the crisis. (See "Liability incecrisis," January 1985, pages 8-12.)

Judiciary. In addition to Casino Night legislation, the Senate will be asked to consider bills to implement recommendations made by the Cook County Commission on the Administration of Justice, formed to deal with the "Greylord" scandals. The five bills, one sponsored by Sen. David N. Barkhausen (R-30, Lake Bluff), the rest by Sen. Marovitz, would prohibit lawyers from soliciting business at the courthouse, give Cook County Circuit judges help with balancing caseloads and would rotate deputy clerks and sheriffs, limiting misdemeanor and priliminary hearing courtroom duties to 120 consecutive days. Bills have also been introduced by Sen. Bob Kustra (R-28, Des Plaines) requiring judges to disclose their loan transactions and prohibiting lawyers from appearing before judges with whom they have economic interests.

A recent series of articles in the Chicago Tribune exposing the victimization of elderly Chicagoans by bogus home repair businesses has resulted in bills to curb the problem. Sen. Leroy W. Lemke (D-24, Chicago) has introduced a bill (S.B. 1453) requiring home repair businesses to be certified by the Department of Registration and Education. In addition, Atty. Gen. Neil F. Hartigan plans to submit legislation making it a felony to defraud persons age 60 and over.

Environmental protection. House Speaker Michael J. Madigan (D-30, Chicago) has introduced a "community right-to-know" bill (H.B. 2950), requiring businesses to inform the Illinois Environmental Protection Agency if they are dumping hazardous wastes. State businesses, particularly the Illinois Manufacturers' Association, have successfully defeated similar measures in the past, while labor interests continue to push them. Lawmakers are also expected to deal with the problem of rapidly decreasing space for landfills, particularly in the northeastern part of the state. (Also see "TOXICS: the politics of risk," pages 22-28.)

Transportation. Faced with the loss of millions in federal mass transportation money, the Regional Transportation Authority may be coming to Springfield this year asking for funding. With federally mandated testing of auto emissions due to begin May 1, bills have been introduced to repeal the 1984 state law requiring testing. Sponsors are Sen. Beverly Fawell (R-20, Glen Ellyn) and Rep. Steven G. Nash (D-11, Chicago). Fawell points to recent statistics showing an improvement in air quality in Illinois, especially in those areas targeted for testing (they are Cook County and parts of Lake, DuPage, Madison and St. Clair counties). The $50 million cost of the program, which will be paid from the motor fuel taxes "is a ridiculous price to pay," Fawell said.

Several bills attempting to erode the effect of the state's new seat belt law are being pushed by Rep. Sam Vinson (R-90, Clinton). He is determined to weaken the law by reducing fines and prohibiting police from making random stops solely to check for seat belt use. In addition, he has introduced bills to require back-seat passengers to buckle up and to exempt air bag-equipped vehicles from the law.

Human services. Developing state policy to deal with victims of the acquired immune deficiency syndrome (AIDS) is this year's No. l public health issue. H.B. 2900, introduced by Rep. Jesse C. White Jr. (D-8, Chicago), would require testing of all blood and blood products, with written consent of donor, with the results to be indicated on a label. The proposal also directs the Department of Public Health to develop an AIDS control plan. A task force established by Gov. Thompson last year was expected to report its findings and recommendations April 16.

Attempts by the Thompson administration to curb the cost of providing health care to the state's poor people have come under legislative fire. The Illinois Competitive Access and Reimbursement Program (ICARE), as administered by the Department of Public Aid, contracts with state hospitals to provide so many days of service for medical assistance recipients. Although Thompson has touted the program as a money saver for the state, participating hospitals that have used up their days and are faced with a loss of funds, have had to "dump" patients or send them home too soon. A bill introduced by Rep. Barbara Flynn Currie (D-26, Chicago) would limit contracts with hospitals for inpatient care to 24 months and would prohibit limitations on the number of days a patient may stay.

Election reform. In this election year following the upheaval in the Democratic primary with "unknown" candidates affiliated with Lyndon H. La-Rouche Jr. winning two slots, the election laws may be amended. (For details, see "Election law reform," pages 20-21.)

In this election year, too, the ultimate fate of these and other pieces of legislation will be as much a part of the political process as of the legislative process. They will pass or fail on more than their merits as lawmakers also attempt to maintain the favor of their constituencies. Even though it is only May, candidates are thinking about November.

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