This Week In Springfield, the Assembly met for two-days of session the highlight of which was Governor Pat Quinn’s State of the State Address.

STATE OF STATE

Wednesday witnessed Governor Quinn delivering his first State of the State address before a joint session of the Illinois General Assembly. The nearly 80-minute speech was lengthy by any measure, meandering, and short on specifics.

For example, there was no significant attention paid to the horrific fiscal situation confronting Illinois which overshadows everything in Illinois. There was no mention of efforts to stem the hemorrhage of private-sector jobs and employers from the State and no mention of how to attract new private-sector employment investment. There was no mention of issues affecting tax policy (other than a passing comment about the need for more revenue), labor costs (e.g. attempts to extend prevailing wage to any work done in an economic development district), regulations (e.g. modernizing Illinois’ outdated telecommunications law), or other issues costing Illinois employment investment. While the speech was short on detailed explanations of the depth and breadth of the crisis confronting Illinois, it was not without a list of accomplishments.

While the State flounders fiscally, the Governor sited the reopening of State historical sites and parks, which had been closed as a cost-saving mechanism under former Governor Rod Blagojevich, as a significant accomplishment. Governor Quinn also sited the enactment into law of the $30 billion-plus infrastructure improvement program – the largest such program in the history of Illinois.

Governor Quinn did announce that he would be seeking to have a Constitutional Amendment put to the voters which would enact strict ethics standards on every level of government in Illinois. Such a proposal must receive the support of 3/5ths of each chamber of the Assembly if it is to be put to the voters in November.

While this speech may have been short on details, it is widely anticipated that the Governor’s Budget Address in late February will be much more substantive.

MEDICAID PROVIDERS

IRMA-supported S.B. 1425 (Sen. Donne Trotter, D- Chicago/Rep. Linda Chapa LaVia, D- Aurora) seeks to allow the State to borrow an additional $250 million which would be used by the State to receive matching monies from the Federal Government at the current enhanced Medicaid match of 61.88 percent as opposed to the usual fifty percent. Through the acceleration of the hospital assessments, the borrowing of monies from various funds, and the utilization of Family Care monies not already matched, the State of Illinois would be able to generate an additional $1 billion (estimated) exclusively for the payment of Medicaid providers. Illinois Medicaid providers are under intense financial pressures due to the State’s extraordinarily slow rate of pay. S.B. 1425 would provide some much needed temporary relief to these hard-pressed providers who are serving some of Illinois’ neediest citizens.

S.B. 1425 passed the House 101-11 but stalled in the Senate when two Senate Democrats were absent and the Senate Republican’s decided to oppose any additional State borrowing. S.B. 1425 requires three-fifths, or 36 votes, to pass. Therefore, in the absence of the two Democrats, S.B. 1425 could not pass. It may still be considered when the Assembly returns in February.

LEGISLATIVE INTRODUCTIONS

H.B. 4702 (Rep. Rosemary Mulligan, R- Des Plaines) Provides that the holder of a gift certificate issued on or after January 1, 2011 that has a balance of less than $10 must be given the option of receiving that balance in cash.

H.B. 4756 (Rep. LaShawn Ford, D- Chicago) seeks to create the Farmers’ Market Technology Improvement Program. It would require the Illinois Department of Human Services (IDHS) to utilize existing LINK program funds to put farmers markets, market boxes, etc. on the LINK program and maintain the equipment.

H.B. 4809 (Rep. Jim Sacia, R-Pecatonica) seeks to require every LINK card issued by IDHS to carry the cardholders picture.

H.B. 4866 (Rep. David Reis, R-Willow Hill) Amends the Weights and Measures Act. Increases certain fees. Amends the Illinois Egg and Egg Products Act. Requires expiration dates to be printed on egg containers. Changes the dates upon which license years begin and end. Increases fees and fines. Authorizes the Director of Agriculture to suspend and revoke licenses under the Act. Amends the Illinois Pesticide Act. Increases the annual product registration fee, the annual experimental use permit fee, the special local need pesticide registration fee, the renewal fee for pesticide registrations, and the private pesticide applicator license fee. Authorizes the Department to collect a public or commercial not-for-hire pesticide applicator license fee, a public or commercial not-for-hire pesticide operator license fee, and associated late fees. Requires certain agrichemical facilities to apply for an agrichemical facility containment permit and to pay a permit fee. Amends the Lawn Care Products Application and Notice Act. Requires a permit fee to be submitted with each permit application and each permit renewal application. Amends the Illinois Commercial Feed Act of 1961. Increases certain license and inspection fees. Amends the Animal Disease Laboratories Act. Removes provisions prohibiting the Department from collecting diagnostic test fees and limiting its imposition of other fees. Amends the Livestock Management Facilities Act. Increases the fee for the issuance or renewal of a certified livestock manager certificate.

S.B. 2552 (Sen. Iris Martinez, D- Chicago) Provides that all pharmacies that dispense drugs must maintain at all times a representative assortment of drugs in order to meet the pharmaceutical needs of their patients. Provides that pharmacies have a duty to deliver lawfully prescribed drugs or devices to patients and to distribute drugs and devices approved by the U.S. Food and Drug Administration for restricted distribution by pharmacies, or provide a therapeutically equivalent drug or device in a timely manner. Provides that if after a good faith effort to comply with the Act the lawfully prescribed drug or device is not in stock or the prescription cannot be filled, then the pharmacy shall provide the patient or agent a timely alternative for appropriate therapy which, consistent with customary pharmacy practice, may include obtaining the drug or device. Provides for discipline or other enforcement actions if the pharmacist engages in, or permits, certain acts.

S.B. 2573 (Sen. Michael Frerichs, D- Champaign) Amends the Weights and Measures Act. Authorizes the use of the specifications and tolerances in National Institute of Standards and Technology Handbook 105-8 as weights and measures standards. Authorizes the Director to accept calibration and verification reports from certain laboratories in lieu of the otherwise required submission of physical standards. Requires the sealers of a city having a population of 25,000 or more to attend an annual training workshop in order to exercise certain powers and duties ordinarily delegated to the Director of Agriculture. Changes the date upon which sealers must file an annual report with the Department of Agriculture. Authorizes the Department to collect interest on overdue fees. Increases monetary penalties for violations. Deletes cross references to several provisions that have been repealed. Makes other technical changes. Amends the Soil Conservation Domestic Allotment Act. Replaces a provision requiring the Department to formulate an annual State plan with a provision authorizing the Department to formulate that plan. Repeals a provision requiring the Department’s annual report to cover the administration of those plans. Amends the Motor Fuel and Petroleum Standards Act. Creates an octane requirement for midgrade gasoline and increases the octane requirement for premium and super grade gasoline. Deletes provisions that establish labeling requirements for biodiesel blends. Increases monetary penalties for violations.

Rob Karr, Vice President
Government & Member Relations