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ILLINOIS CONFERENCE OF CHURCHES One in Christ - Together in Mission
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Public Policy Profile: Legislative Spotlight - August 2004
Kid Care and Family Care Budget Victory
Health Care Justice Act for 2004 Passes
Service Workers Protection Act on Hold
Preservation of Traditional Marriage a Hot Issue
Legislation Sealing Criminal Records Pending
Mandating Contraceptive Insurance Coverage Legislation Held
TANF Federal Reauthorization Pending
The Health Care Justice Act for 2004 (House Bill 2268) was signed into law as Public Act 93-973, effective August 20, 2004. The legislation creates a Health Care Task Force to gather information about the health care needs in the state and to develop recommendations for a health care plan that would provide all Illinois residents with access to affordable, quality health care. It would represent the culmination of two-years of hard work by the Campaign for Better Health Care, Service Employees International, the ICC and many other major supporters of Universal Health Care in Illinois. Among its provisions, House Bill 2268 moves the state closer to establishment of a state-run universal health-care program by making it a policy goal of the State, rather than a mandate. Its aim is for Illinois to implement a health care access plan after the Task Force has held hearings to obtain public input on the development of the health care plan. The Task Force is required to make its final report to the General Assembly by March 15, 2006, and to strongly encourage the legislature to vote on legislation by December 31, 2006, to either enact the Task Force's recommendations or provide another health care access plan.
Kid Care and Family Care Get Increased Funding in 2005 State Budget. The legislature increased Family Care funding by $23 million over year’s budgeted amount. The increase completes the second phase of the governor’s program to increase family care eligibility. In addition, both Kid Care and Family Care managed to escape the 4% reduction to many other general revenue fund amounts and the 3.5% reduction to all Medical Program lines sustained in the state’s new budget.
Displaced Office Service Workers Protection Act (House Bill 4241) is currently on hold. The ICC was among a host of organizations—primarily business interests—that opposed House Bill 4241, creating Displaced Office Service Workers Protection Act. The ICC opposed the original bill because it imposed a variety of employee retention mandates and notice requirements on residential and commercial building owners and managers, including churches, whenever the ownership or service provider of such buildings was changed. The broad scope of coverage of HB 4241 could have negatively impacted churches that own office buildings, sheltered care facilities, daycare facilities, schools or other residential properties. The bill, promoted by the Service Employees International Union (SEIU), affects entities with contracts with service employee unions providing “care and maintenance” of a building, including watchmen, security officers, maintenance janitors, and groundskeepers. As a result of the strong opposition of the ICC and other religious groups, the voice of the church was heard and the bill was subsequently amended to exempt houses of worship, schools, certain residential facilities and other smaller properties from its scope. The bill currently is on the order of third reading in the Senate and can be called for a vote in November.
Preservation of Traditional Marriage Amendments generated much concern.
Although the ICC has no position on the “traditional marriage” debate, it has kept abreast of the various Constitutional Amendments proposed at the State and federal level. In Illinois for example, several House and Senate Joint Resolution Constitutional Amendments were introduced to place a referendum on the November ballot to preserve the traditional marriage. While these proposals generated significant attention under the Capitol dome, the General Assembly took no action on them. HJRCA 31, one of the main proposals, would preserve the validity of marriage as a union between one man and one woman, and would not recognize in Illinois same sex marriage, civil unions, or domestic partnerships. Given the growing debate around the issue of “sanctioning of civil unions and same sex marriages,” the ICC may need to convene a consultation on the issue to determine if there is a sufficient consensus to develop an ICC position or legislative strategy as the issue is pursued in the General Assembly.This summer President Bush and many Senate Republican leaders supported a failed attempt to pass a Constitutional Amendment in the U. S. Senate to ban gay marriage in order to preserve the “sanctity of marriage." The amendment would have taken away states’ authority in this area. It added language to the Constitution stating, “Marriage shall consist only of the union of a man and a woman as husband and wife.” The amendment became embroiled in pre-election politics between the President and his Democrat challenger Senator John Kerry over the issue of gay marriages and civil unions. Kerry opposes same sex marriages but supports civil unions.
Additionally, the U.S. House passed legislation on July 22 to prevent federal courts from ordering states to recognize same-sex unions sanctioned elsewhere. The day before Congress closed for a six–week recess, the 233-194 vote, primarily on party lines, handed at least a symbolic victory to social conservatives who form a key Republican constituency. The bill, backed by the Bush Administration, is not likely to be supported strongly in the Senate since it failed to pass the Constitutional Amendment banning gay marriages.
The bill, if passed by Congress, would protect marriage by restricting the authority of federal judges who might otherwise impose gay marriage on states that have banned it. It would strip the Supreme Court and other federal courts of their jurisdiction to rule on challenges to state bans on gay marriages under a provision of the 1996 federal Defense of Marriage Act. That law defines marriage as between a man and a woman, and says states are not compelled to recognize gay marriages that take place in other states. The effect of the bill would be to single out gays and lesbians, barring them from going into federal court to seek recognition of their marriages. Civil rights groups suggest the bill is unconstitutional for that reason. The ICC will continue to follow this issue.
Legislation Sealing Criminal Records (Senate Bill 3007) currently pending.
Senate Bill 3007 allows the sealing of criminal conviction records for “victimless crimes.” The bill, which is pending final action in the Senate on changes made in the House, would allow persons convicted of or placed on supervision for a misdemeanor or Class 4 felony violation for prostitution, or a drug offense to have their arrest and conviction record sealed from public view. Its aim is to keep some criminal records sealed from prospective employers’ perusal when they conduct criminal background checks to screen job applicants. It also was offered to help cut down on the recidivism rate, which is close to 50% in Illinois, and to assist ex-offenders obtain employment.Legislation to eliminate state mandated contraceptive insurance coverage on hold (Senate Bill 827). The ICC supported Senate Bill 827 because it would allow churches that have a moral objection to birth control to be exempt from a state law requiring their employee health insurance plans to cover it. Current law allows insurance providers that morally or religiously object to birth control to not cover contraceptives as long as they maintain the same policy for all of their clients. SB 827 would allow individual religious organizations and institutions not to provide coverage for contraceptives even if their insurance provider did offer that coverage to other clients. The Department of Insurance, in response to concerns about related legislation passed last year, allowed religious institutions to opt out of the contraceptive provision. However, the Department ruled that if an insurance company chooses not to cover contraceptives, they have to keep the same practice for all of their clients. This legislation would give religious organizations the flexibility to negotiate with insurance carriers regarding benefit coverage to provide its employees.
Temporary Assistance for Needy Families (TANF) - Federal Reauthorization.
Delay is the operative word in Congress for substantive action on TANF. The ICC has called for an increase federal funding for childcare under TANF as an urgent economic justice issue. The House and Senate have agreed to extend funding for TANF for another three months, ending September 30, (Public Law 108-262). This agreement buys time while leadership in the both chambers decide how to deal with the issue of a five-year reauthorization—action it has postponed for two years since the 1996 TANF legislation expired in 2002. The religious advocacy community continues to support reauthorization of TANF that will: 1) retain the current work requirements of 20 hours per week for families with pre-school children and 30 hours for those with children age 6 and above; 2) reinstate TANF and health care benefits for legal immigrants; 3) give states flexibility to determine what counts as work, and to expand education and training possibilities for recipients; and 5) give states flexibility with regard to time limits, so that they can waive or extend limits for families with significant barriers to employment