Legislative News

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Federal Updates

ecaling Back Financial System Reform Plan
LEGISLATIVE UPDATE:

H.J.Res. 1, the Balanced Budget Amendment to the U.S. Constitution


SUMMARY:

Introduced by Rep. Robert Goodlatte (R-VA), H. J. Res. 1, entitled “Proposing a balanced budget amendment to the Constitution of the United States” aims to balance the budget of the United States by essentially prohibiting spending from exceeding total receipts for a fiscal year (except for those for repayment of debt principal/derived from borrowing).

The bill allows for Congressional passage of any expenditure (outside of the bill) by a three-fifths rollcall vote of each chamber. In addition, the proposed amendment would require a three-fifths rollcall vote of each chamber to increase the public debt limit. The proposed amendment also would prohibit any bill to increase revenue from becoming law unless approved by a majority of each chamber by rollcall vote. Further, the proposed amendment directs the President to submit a balanced budget to Congress annually. The bill does authorize waivers of these provisions when a declaration of war is in effect or under other specified circumstances involving military conflict.

SUPPORT:
The bill was co-sponsored by 177 Congressmen and Congresswomen, of whom the vast majority republicans (only 14 democratic supporters).

FULL TEXT :
The text of the amendment is fairly short. The amendment as introduced, states:


Section 1. Total outlays for any fiscal year shall not exceed total receipts for that fiscal year, unless three-fifths of the whole number of each House of Congress shall provide by law for a specific excess of outlays over receipts by a rollcall vote.


Section 2. The limit on the debt of the United States held by the public shall not be increased, unless three-fifths of the whole number of each House shall provide by law for such an increase by a rollcall vote.


Section 3. Prior to each fiscal year, the President shall transmit to the Congress a proposed budget for the United States Government for that fiscal year in which total outlays do not exceed total receipts.


Section 4. No bill to increase revenue shall become law unless approved by a majority of the whole number of each House by a rollcall vote.


Section 5. The Congress may waive the provisions of this article for any fiscal year in which a declaration of war is in effect. The provisions of this article may be waived for any fiscal year in which the United States is engaged in military conflict which causes an imminent and serious military threat to national security and is so declared by a joint resolution, adopted by a majority of the whole number of each House, which becomes law.


Section 6. The Congress shall enforce and implement this article by appropriate legislation, which may rely on estimates of outlays and receipts.


Section 7. Total receipts shall include all receipts of the United States Government except those derived from borrowing. Total outlays shall include all outlays of the United States Government except for those for repayment of debt principal.


Section 8. This article shall take effect beginning with the later of the second fiscal year beginning after its ratification or the first fiscal year beginning after December 31, 2014.’
STATUS

On February 9, 2009 the amendment was sent to the House Judiciary, Subcommittee on Constitution, Civil Rights, and Civil Liberties. Members of the subcommittee are Chairman Rep. John Conyers (D-MI), Ranking Member Rep. Lamar Smith (R-TX), Rep. Tammy Baldwin (D-WI), and Rep. Howard Berman (D-CA). The amendment has been with the subcommittee for over a year now without substantive change. Up to date status of the bill can be found at:
http://www.govtrack.us/congress/bill.xpd?bill=hj111-1.

This particular House amendment has seemingly become stagnant in committee, however there are similar related bills that have been introduced in both the House and Senate. Below is a brief summary and links to each related proposed amendment for further information.

RELATED BILLS & PROPOSED AMENDMENTS


S. J. Res. 27: A joint resolution proposing a balanced budget amendment to the Constitution of the United States


• Status: Feb 4, 2010 – Referred to the Senate Committee on the Judiciary
o http://www.govtrack.us/congress/bill.xpd?bill=sj111-27
• Summary: http://www.govtrack.us/congress/bill.xpd?bill=sj111-27&tab=summary

Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a two-thirds rollcall vote of each chamber, authorizes a specific excess of outlays over receipts. Requires a two-thirds rollcall vote of each chamber to increase the public debt limit. Directs the President to submit a balanced budget to Congress annually. Requires a two-thirds rollcall vote in each chamber before final adoption of any bill to increase the internal revenue. Authorizes waivers of these provisions when a declaration of war is in effect or under other specified circumstances involving military conflict.

• Full text: http://www.govtrack.us/congress/billtext.xpd?bill=sj111-27

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S. J. Res. 22: A joint resolution proposing an amendment to the Constitution of the United States relative to requiring a balanced budget and granting the President of the United States the power of line-item veto

• Status: Dec 15, 2009 – Referred to Senate Committee on the Judiciary
o http://www.govtrack.us/congress/bill.xpd?bill=sj111-22
• Summary: http://www.govtrack.us/congress/bill.xpd?bill=sj111-22&tab=summary

Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a two-thirds rollcall vote of each chamber, authorizes a specific excess of outlays over receipts. Requires a three-fifths rollcall vote of each chamber to increase the public debt limit. Directs the President to submit a balanced budget to Congress annually. Prohibits any bill to increase revenue from becoming law unless approved by a majority of each chamber by rollcall vote. Authorizes waivers of these provisions when a declaration of war is in effect or under other specified circumstances involving military conflict. Authorizes the President to cancel (line item veto) in whole any dollar amount of discretionary budget authority, item of new direct spending, or limited tax benefit in legislation that has been enacted into law. Sets forth requirements for the President's transmittal to Congress of a special message regarding such cancellation. Prohibits Congress from transmitting legislation to the President that purports to or does require executive compliance with spending guidance contained in any report or other document that is beyond the text of the legislation. Allows the President to disregard any or all guidance in such accompanying reports or documents.

• Full Text: http://www.govtrack.us/congress/billtext.xpd?bill=sj111-22

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H. J. Res. 78: Proposing a balanced budget amendment to the Constitution of the United States

• Status: Mar 2, 2010 – Referred to House Committee on the Judiciary
o http://www.govtrack.us/congress/bill.xpd?bill=hj111-78
• Summary: http://www.govtrack.us/congress/bill.xpd?bill=hj111-78&tab=summary

Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a three-fifths rollcall vote of each chamber, authorizes a specific excess of outlays over receipts. Directs the President to submit a balanced budget to Congress annually. Authorizes waivers of these provisions when a declaration of war is in effect or under other specified circumstances involving military conflict. Requires the appropriate congressional committees to report implementing legislation to achieve a balanced budget without reducing the disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to achieve that goal.

• Full Text: http://www.govtrack.us/congress/billtext.xpd?bill=hj111-78


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State Updates

Hereafter is the status of legislation pending in or passed by the Illinois General Assembly, and other matters which may be of interest to Chamber members.

ENACTED LEGISLATION

SALES TAX HOLIDAY FOR SCHOOL SUPPLIES (Public Act 96-1012) provides for a reduction from 6.25% to 1.25% of the retailers occupation tax and use tax on clothing and school supplies from August 6th 2010 through August 15th 2010. Signed into law by Governor Quinn on July 7th 2010.


EMPLOYEE CREDIT PRIVACY ACT WOULD PROHIBIT CERTAIN EMPLOYERS FROM INQUIRING ABOUT OR USING AN EMPLOYEE'S CREDIT HISTORY AS A BASIS FOR EMPLOYMENT OR DISCHARGE.

HB4658 Creates the Employee Credit Privacy Act which prohibits employers from inquiring about or using an employee's credit history as a basis for employment, recruitment, discharge or compensation with some exceptions. Businesses exempt from this bill are banks, savings and loans, credit unions, State law enforcement agencies, businesses required to obtain credit information from applicant's pursuant to State and Federal law and some other positions as described in the proposed law. The bill has passed both houses. It was sent to the Governor for signature on June 24th but as of today has not been signed.

SB377 provides for joint nomination of Governor and Lt. Governor. The Bill has passed both houses, was sent to the Governor on June 25th and is still awaiting his signature.


EXCESSIVE SPEEDING (Public Act 096-1002) makes it a Class B misdemeanor for any person to drive a motor vehicle in excess of 30 MPH of the posted limit. Elimininates an order of supervision for anyone driving a motor vehicle in excess of 40 miles over the limit. Signed into law July 2nd, effective January 1st 2011.


PROPOSED LEGISLATION

CIGARETTE TAX INCREASE (SB0044) proposes to increase cigarette taxes + 50 Mills per cigarette. Passed the Senate in April and has been lodged in the House Rules Committee since May 28th. Probably dead for the session.

TENANTS RADON PROTECTION ACT (HB5224) would require the landlord of any residential rental unit before entering into a lease to provide the tenants with records, or reports of Radon tests, if any, pertaining to the unit, which indicate a radon hazard. Landlord must give prospective tenant a disclosure form informing tenant of potential radon hazards. Tenant must provide landlord with test results within 10 days if tenant has tested unit for radon. Neither tenant nor landlord has an obligation to test for Radon. The Bill passed the House but has been in the Senate assignments committee since May 7th and appears to be dead for the session.



The link to find all of these bills is http://www.ilga.gov/legislation/default.asp

  Village Updates

Six municipalities along the 159th Street Corridor have been collaborating on a long-term vision for physical improvements and a common marketing strategy for 159th Street , and are now seeking public input through an on-line survey...Click here to read full article.

 

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http://www.house.gov


http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=IL

http://www.ilga.gov

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For More Information and To Get Involved:

http://www.chicagosouthland.com/government-affairs/

http://www.ilchamber.org/Government_affairs/About_gov_affairs/about_gov_affairs.htm

http://www.friendsoftheuschamber.com


http://www.chicagolandchamber.org/yourvoice/GovernmentLinks/Pages/default.aspx

The OPACC Legislative & Government Affairs Committee is dedicated to the following: 

Strengthening the relationship between the Chamber and the Village of Orland Park as well as other Local, State, and Federal government bodies and representatives. 

Keeping our membership informed of legislation and projects that will affect business in the local area.

Do you know of an upcoming event, political issue, piece of legislation, or transportation issue that is valuable to share with OPACC members? Please contact Committee Chairperson Ken Sidlowski at (708) 478-3440 x302