Government Strategy Associates
4023 Terramere Avenue
Arlington Heights, Illinois 60004
MEMORANDUM
To:
Peter Weber
Executive Director, ISVMA
From:
Terry Steczo
Maureen Mulhall
Re:
Legislative Report
Date:
March 31, 2014
Agreement Reached With Advocacy Groups
Legislation had been introduced earlier in the session that would have allowed a veterinarian
licensed or veterinary technician certified in another state to practice in Illinois in connection
with an investigation by law enforcement of an alleged violation of federal or State animal
fighting or animal cruelty laws. Many questions arose after review of this proposal by the
ISVMA and prompted a number of phone conversations with the groups and organizations
advocating for this change. After review of the need, the ISVMA suggested that the most viable
path toward accomplishing the objective was through the JCAR process rather than through a
statutory change. During subsequent phone conversations it was agreed that the JCAR would be
preferred and plans are being made to request a change in rules to attain that objective.
That decision to use JCAR to accomplish what they originally sought by the legislative route
may turn out to have been a wise decision because companion legislation that would have
allowed the establishing of a temporary shelter to receive animals seized or impounded as a
result of the investigation or prosecution if the law enforcement authority determines that the
shelter is necessary was defeated in the Senate Agriculture and Conservation Committee after the
Farm Bureau, Illinois Beef Association, breeders organizations and the Department of
Agriculture all filed in opposition.
Tough Choices and Contrasts
After weeks of delay, Governor Quinn presented his FY 2015 budget proposal last week and
surprised quite a few by calling early for a permanent extension of the now-temporary income
tax increase. No stalling, no call for a temporary extension or a phase-out. His message was to
make the tax increase permanent and in doing so help create an environment to overcome its
lingering fiscal deficits. His published budget information also provided a glimpse as to the
impact on programs and services with the loss of $1.6 billion that would vanish if the tax were to
sunset. In an even more surprising turn of events, Speaker Madigan and President Cullerton
suggested that they might push for a vote on the tax question before the scheduled May 31
legislative adjournment. The legislature is not known for taking on highly controversial issues
just prior to an election, so if this happens it would make a substantial departure from past
practice. The general rule of thumb has been to wait until after the election and hope that voters
forget in the intervening two years.
In addition to the permanent extension of the tax, the Governor also advocated for a $500 yearly
property tax refund, a doubling of earned income tax credits, and tax credits for job training as
part of what he described as a comprehensive tax reform package. But, the speech also offered a
glance at his reelection strategy; one that is designed to show the contrasting views between
Quinn and GOP nominee Bruce Rauner. He opened his speech by stressing that he wanted to be
“forthright and specific”. During his primary election campaign Rauner often frustrated his
opponents with his unwillingness to provide specific details of proposals while sticking to his
main campaign themes of term limits, overabundance of union influence, and career politicians.
The Governor also announced that he would never place taxes on service or tax retirement
income. This, no doubt, was a response to two comments, likely gaffes, made by Rauner when
he did attempt to explain his position on taxation at two voter candidate venues. The fact that
they were mentioned in the budget address means we’ll be hearing about it from now until
November 4.
Why did Quinn decide to take this giant step rather than waiting? First, he did sign the last tax
increase so he’s on record as having supported higher revenues. Second, everyone knows that if
he wins and the legislature presents him with an income tax extension he’d sign it and he’s going
to be asked the question time and time again during the upcoming months, so why couch it?
Third, Quinn has not been a very strong leader and his favorability numbers are in the tank.
Really, he has nothing to lose and everything to gain. In addition, he may also be trying to flush
out Rauner, hoping that once Rauner provides specifics about how his administration would
address state fiscal and other issues voters will be more likeable toward Quinn.
Even though there seems to be some desire by the Democratic legislative leadership to move the
plan before May 31, there may also be some reluctance by the rank and file so at this point the
Quinn proposal is anything but a done deal. And one of the political questions being asked that
has little to do with the policy considerations is what happens if the legislature approves the tax
program and Quinn loses in November? The result will be giving Rauner, who has urged that the
tax be allowed to expire, a boatload of extra money so he won’t have to make the hard decisions
that would be necessary without it.
To Serve … And Protect
Only time will tell if a new tax plan devised a few weeks ago by Speaker Madigan has any
traction, but as observers of the legislative process have marveled that if the only way out of a
thicket is by having to kill three birds with one stone Madigan can at least think of a strategy to
try to do it. And that’s what he has apparently attempted to do with the introduction of HJRConstitutional Amendment 51 that would impose an additional 3% income tax on any individual
income over $1 million. All proceeds would go to schools and be distributed on a per student
basis. Let’s count the birds.
Bird 1: There has been a lot of clamor by some advocacy groups hoping to place a constitutional
amendment on the ballot asking voters to approve a graduated income tax and pressure to do so
has been mounting. Even though the three-fifths vote in the House and Senate to place it on the
ballot probably aren’t there, and one thing for certain is that if it were to be approved and placed
on the ballot it would be DOA. And, the voters who would be rushing to the polls to vote against
it are not the ones that Democratic candidates, most especially Governor Quinn, want to see
coming. In this age of government mistrust a graduated income tax proposal would be poison
and go down in flames. Those legislators who voted for it would have huge targets on their back,
whether the question made it to the ballot or not. But how do you appease the vocal constituency
that was making the demands, not particularly caring about the electoral upheaval it could cause.
That’s where Madigan’s alternate fills the bill. There is a smidgen over 13,000 millionaires out
of almost 13 million Illinoisans so only a relative few would be paying. And, since most of those
millionaires are situated in the northern part of the state and the money raised would be
distributed per student, it means that the central and southern parts of the state would be gainers
and maybe not so poised to come out the polls to vote no. In fact, the contrary might occur. Plus,
there is more of a chance to solidify legislators to vote to get this on the ballot because it does
impact so few, rather than a graduated tax that might influence many to most. And, what about
those vocal advocates? While it may be too early to tell if they switch gears, they should also be
aware that this proposal saves them from providing the ammunition to their own firing squad.
Bird 2: January 1, 2015 marks the end of the temporary income tax. For the next fiscal year it
represents a loss of $1.6 billion in revenue and $3.2 billion or more the year after if they don’t
extend the temporary income tax before May 31 or even post-election. The amendment gives
candidates at least some way to draw the focus away from the main tax issue. More importantly,
it is estimated that if the “millionaire tax” is approved by voters in November it is estimated it
would raise over $1 billion per year – enough to offset a good portion of the revenue loss for
FY2015 if the General Assembly somehow says no to extending the temporary tax and lets it
expire. If that were to occur, and if a candidate who opposes a tax extension would win in
November, the legislature may just allow them to have it their way, even though the fiscal
consequences could be enormous. The amendment not only would take some of that pressure off
of the legislature, but also serves as a pseudo poll on taxes which could come in handy for
legislators in post-election Springfield if it were to come to that.
Bird 3: The gubernatorial candidates started swinging before the ink was even dry on the primary
election returns and this amendment proposal will become part of that fray. In his first blast out
of the gate at GOP candidate Bruce Rauner, Governor Quinn characterized his opponent as a
“billionaire” out of touch with the middle class. The amendment draws attention to Rauner’s
wealth (or at least allows the Governor to) and also tries to put him in an uncomfortable position
if he opposes it. Quinn will no doubt ask if the opposition is for policy reasons or to protect his
own pocketbook.
There’s no way to predict at this point if the amendment will receive sufficient legislative
support to make it to the ballot, or sufficient voter support if it does but last week the first step
was taken as the House Revenue and Finance Committee moved the proposal to the Floor where
it will be voted on, perhaps this week. In the sometimes high stakes game of Illinois government
and politics this proposal has the possibility of becoming a game changer.
Power To The People
Pat Quinn’s claim to fame was the success of the 1980 legislative ballot initiative that reduced
the size of the Illinois House by one-third. Before and after he was known for highly publicized
petition drives that sought to put various advisory referenda on the ballot in the state, county and
municipal elections. Throughout his political life he has advocated for the right of voters to have
a say on relevant, sometimes controversial issues. Little did he expect that one day he himself
would be the subject of the most important referendum of his life … his own campaign for
reelection. In fact, in terms of the voting citizenry being asked to make decisions on various
issues election day, November 4, will be one for the records with possibly as many as four or
more constitutional amendments on the ballot, as well as the race for governor.
The biggest question to be asked and answered on November 4 will be on Quinn himself. During
his budget message last week he went “all in” with his request to permanently extend the
temporary income tax. His opponent, Bruce Rauner, has taken a position for the expiration of the
tax. While there is no telling for certain whether or not the General Assembly will act on the tax
question before its May 31 adjournment, it is certain that no matter what they do the entire
general election gubernatorial campaign will be framed in the context of taxes. Dawn Clark
Netsch in her race for governor and Walter Mondale while running for president both tried to
level with the public about revenues and they badly misjudged. Governor Quinn is now taking a
turn at rolling the dice, hoping that the odds will be with him.
Constitutional amendments and advisory referenda are sometimes placed on the ballot to drive
voter turnout as well as to drive changes in public policy. 2014 could conceivably set a record for
constitutional questions placed on the ballot. The Illinois Constitution limits the number of
amendments approved by the legislature appearing on the general election ballot to three. The
Constitution also allows questions of legislative “structure and procedure” to qualify by popular
initiative. So far, two legislative questions are in the works as are two legislative issues driven by
petition. There is also room for one more from the legislature before the first week in May
deadline. Three of the four are definitely intended to drive election turnout.
GOP gubernatorial candidate Bruce Rauner is behind a petition drive seeking to place a
Constitutional Amendment on the ballot regarding term limits. The Illinois Supreme Court
quashed an attempt by Quinn to do that a number of years ago but Rauner’s proposal contains a
number of other elements, such as reducing the size of the Illinois Senate from 59 to 41,
increasing the size of the Illinois House from 118 to123, carving three House districts out of
every Senate district, changing Senate terms and the number of votes required to override a
gubernatorial veto. If they get enough valid signatures the Supreme Court will have the final say
as to whether it meets the Constitutional test and makes it on to the November ballot. If it does,
it’s looks to boost turnout and provide an outlet for those who express frustration with
government and elected officials. And, it’s very likely it would be approved.
On the other side, Speaker Madigan is proposing his 3% “millionaire surcharge” that may be on
the ballot and drive the Democratic constituency to the polls, especially downstate where few
would pay but where schools would benefit to the tune of $550 per pupil. It helps equalize the
term limit amendment should it make it to the ballot.
Madigan has also proposed a voting rights amendment. It provides that no person shall be denied
the right to register to vote or to cast a ballot in an election based on race, color, ethnicity, or
status as a member of a language minority, sex, sexual orientation, or income. Officially, the
explanation is that the amendment would place voting rights non-discrimination in the state
Constitution to prevent some of the shenanigans occurring in other states. But, looking closely it
appears that it’s also geared to drive the turnout of those who have been the target of such
discrimination in other states … a valuable and necessary Democratic constituency. This
amendment is expected to be heard and probably approved in a House committee this week.
The fourth possible amendment proposal is one that would change the redistricting process. If it
makes the ballot it will not drive turnout but it’s highly likely that voters would say yes.
Here We Go Again
Spring. Swallows make their way back to Capistrano and gaming expansion bills make their way
back to the Illinois General Assembly. Last week amendments were filed to Senate Bill 1739 that
mirror past attempts to expand casinos and provide slot machines at horse tracks but provide
fewer positions at casinos and fewer slots at the tracks. The sponsor has indicated that he wanted
to throw this modified idea on the table in order to restart the discussions.
If there ever was a Guinness World Record for futility, the supporters of expanded casino
gaming would win hands down. Year after year they’ve tried and have failed to even get through
the legislative process … and when they did, the Governor was there with a big veto pen. But
they persist through all of the hours of conversation and debate, knowing that the odds get longer
every time they make the attempt.
Rep. Bob Rita, the House sponsor, in his attempt to pare back the proposal somewhat, is trying to
make it more palatable to the other established gaming interests. But since the last time the
Governor axed a gaming bill a new kid in town has arrived and has had a profound impact on
those more established players. Since the advent of legalized video poker most casinos have seen
profits plummet, so even with a scaled down expansion bill they may be in no mood to see more
erosion of profits and most assuredly will oppose. The other conundrum faced by the sponsor is
trying to find the right balance. Your need enough goodies in the bill to secure enough votes but
not too many so as to sink the ship. Anyone who has ever wanted to be part of legalized gaming
in Illinois wants in this bill because it may be the last for maybe a generation or more. The only
reason any gaming expansion is even seriously discussed is because Chicago wants a casino.
Once they get one you can close the books on any further expansion. With a hot gubernatorial
election campaign on the horizon there’s slim chance that we’ll see any serious gaming
legislation before November, if not before hell freezes over.
Pension Reform Update
The pension reform train is barely moving since there was word last month that the three
lawsuits that had been filed would be consolidated and be heard in Sangamon County. A fourth
lawsuit was filed a few weeks ago in Champaign County and it is expected that this latest court
filing would also be consolidated with the others. It appears that the first court appearances to
argue the relevant issues may not occur until mid to late May.
Session Schedule/Deadline Dates
Here are relevant dates for the legislative session:
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April 11 – House/Senate 3rd Reading Deadline
April 14-25 – No session scheduled
May 16 – House/Senate Committee Deadline
May 23 – House Senate 3rd Reading Deadline
May 31 – Adjournment
Bills of Interest
The deadlines for bills introduced in the House and Senate has now passed. Listings reflect
current status of bills. Note: Proposals that did not move out of committee could resurface on
other bills as amendments before the end of the session.
HB 3767 – Rep. Burke - Amends the Humane Care for Animals Act and the Humane
Euthanasia in Animal Shelters Act. Prohibits the use of carbon monoxide as a euthanasia agent
for companion animals. Provides that euthanasia of a companion animal shall only be performed
using established injectable euthanasia agents. Provides that the use of other euthanasia agents on
companion animals is aggravated cruelty. (Status – House – Rules Committee - Dead)
HB 3768 – Rep. Burke - Amends the Humane Care for Animals Act. Provides that no person
may knowingly beat, cruelly treat, torment, starve, overwork, or otherwise abuse any animal in
the presence of a minor. Defines "in the presence of a minor". (Status – House – 2nd Reading)
HB 4188 – Rep. Berrios - Creates the Animal Abuse Registry Fund. Amends the Humane Care
for Animals Act. Provides that the Department of Agriculture shall create and maintain an
animal abuse registry. Provides that any person 18 years of age or older that resides in or is
domiciled in this State that has been convicted of cruel treatment, aggravated cruelty, or animal
torture shall register with the Department of Agriculture within 30 calendar days after the date of
conviction to be placed on the animal abuse registry. Failure to register is a Class B
misdemeanor for a first offense and a Class 4 felony for a subsequent violation. Prohibits a
registered person from owning a companion animal or being employed at an animal shelter,
pound, pet shop, zoo, or other business where companion animals are present. (Status – House –
Agriculture & Conservation Committee - Dead)
HB 4195 – Rep. Vershoore - Amends the Humane Care for Animals Act. Provides that upon
conviction of improper care, cruel treatment, aggravated cruelty, or animal torture, the court shall
order the convicted person to forfeit to an animal control or animal shelter the animal or animals
that are the basis of the conviction. (Status – House – Rules Committee - Dead)
HB 4410 – Rep. D. Harris - Increases certain penalties that the Department of Agriculture shall
impose upon a person or entity who violates any provision of the Act or rule adopted under the
Act. Provides that an administrative fine of $500 (rather than $200) shall be imposed for the first
violation; a fine of $1,000 (rather than $500) shall be imposed for a second violation that occurs
within 3 years after the first violation; and that mandatory probationary status and a fine of
$2,500 (rather than mandatory probationary status and a fine of $1,000) shall be imposed for a
third violation that occurs within 3 years after the first violation. (Status – Passed House;
Senate – Committee on Assignments)
HB 4663 – Rep. Verschoore - Amends the Animal Gastroenteritis Act. Adds members to the
Swine Disease Control Committee. Renames the Cattle Disease Research Committee to the
Cattle Disease Control Committee. Corrects references. Adds members to the Cattle Disease
Control Committee. Provides that meetings shall only occur in the event of a disease outbreak or
other significant disease situation. Provides that the meetings shall be scheduled at the call of the
Director with the Swine Disease Control Committee and the Cattle Disease Committee to
address disease prevention, management, and control in the case of a disease outbreak. Provides
that members of the Committees shall receive no compensation, but shall be reimbursed for
expenses necessarily incurred in the performance of their duties. Repeals a provision that
authorized the Department of Agriculture to coordinate research concerning the cause,
transmission, treatment, and control of transmissible gastroenteritis and other diseases of swine
and livestock. (Status – House – 3rd Reading)
HB 5398 – Rep. Jackson, Sr. - Amends the Illinois Pseudorabies Control Act. Provides that
members of the Pseudorabies Advisory Committee shall only serve for the duration of the
pseudorabies outbreak within the State. Provides that the committee shall only meet during the
duration of the pseudorabies outbreak. (Status – House – Rules Committee - Dead)
HB 5603 – Rep. Sommer - Amends the Animal Control Act. Provides that a County Animal
Control that is located in a county that has been declared a disaster area under the Disaster Relief
Act due to a natural disaster, or in a county which a part of the county has been declared a
disaster area under the Disaster Relief Act due to a natural disaster, shall retain impounded
animals for a minimum of 3 days beyond its normal retention time before the County Animal
Control may proceed with the adoption, transfer, or euthanasia of the impounded animal.
Provides that a County Animal Control shall keep a detailed list of the impounded animals that
were transferred to another facility for a minimum of one month after the disaster. Provides that
facilities receiving transferred animals shall retain the impounded animals for an additional 3
days beyond its normal retention time. (Status – House – Agriculture and Conservation
Committee - Dead)
SB 3050 – Sen. Frerichs - Amends the Humane Care for Animals Act. Provides that a nonprofit
organization qualified under Section 501 (c)(3) of the United States Internal Revenue Code of
1986 for the purpose of preventing cruelty to animals may, in connection with an investigation or
prosecution by law enforcement of an alleged violation of federal or State animal fighting or
animal cruelty laws, establish a temporary shelter to receive animals seized or impounded as a
result of the investigation or prosecution if the law enforcement authority determines that the
shelter is necessary, the law enforcement authority extends an official invitation to the
organization, and the shelter complies with the requirements of the Veterinary Medicine and
Surgery Practice Act of 2004. Defines "temporary shelter".standards under State law. (Status –
Senate – Senate Agriculture & Conservation Committee - Dead)
SB 3138 – Sen. Rezin - Amends the Humane Care for Animals Act. Upon entering a conviction
for a violation of specified provisions of the Act, or of specified provisions of the Criminal Code
of 2012, by a defendant 18 years of age or older, the presiding judge shall notify the defendant
that the conviction will be reported to the national Do Not Adopt Registry. Provides that, for
convictions that occurred on and after January 1, 2015, the clerk of the court shall send notice of
the conviction and the defendant's name, date of birth, physical description (gender, ethnicity,
eye color, hair color, height, weight), and offense for which the defendant has been convicted, to
the national Do Not Adopt Registry. Provides that, for convictions that occurred before January
1, 2015, the clerk may send notice to the national Do Not Adopt Registry of convictions by a
defendant 18 years of age or older. Provides that any animal shelter, pet store, animal breeder, or
individual shall conduct a search of the national Do Not Adopt Registry prior to selling,
transferring, delivering, or placing for adoption a companion animal to another person. (Status –
Senate – State Government and Veterans Affairs Committee - Dead)
SB 3337 – Sen. Koehler - Amends the Humane Care for Animals Act. Provides that each owner
shall provide for each of his or her animals adequate shelter and adequate space. Defines
"adequate shelter" and "adequate space". (Status – Senate – Agriculture & Conservation
Committee - Dead)