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CICI Legisletter January 11, 2008
Volume 22 - Issue 1

STATE BUDGET PROBLEMS CONTINUE TO GROW
 
According to a report by Illinois Comptroller Dan Hynes' office, the state has backlog of outstanding bills totaling more than $1.7 billion, compared to the $1.33 billion the state owed at the same time in 2006. In addition, it is taking 34 business days to pay bills once they land in the comptroller's office, up from the 22 days it took a year ago. This backlog and the number of days delayed represent record levels for the midpoint of the fiscal year. This is even before the state dives into crafting a new budget, which should begin July 1, 2008. This also does not take into account current obligations such as pension payments, increased health care costs for state employees, or any new spending being proposed by the administration.        
 
The report says there are several factors behind the backlog, including the decline in corporate income tax revenue, insignificant sales tax revenue growth and the failure of the General Assembly to transfer money from restricted accounts into the state's general fund. It also cautions that tax collections tied to the economy such as the sales tax and corporate income taxes point to an apparently slowing economy.
 
Needless to say, this makes CICI and the business community very nervous about potentially upcoming new and increased business taxes and fees to settle this debt and cover new programs. Eliminating economic incentives has been one of the cornerstones of Governor Blagojevich’s administration and 2008 will be no different, as the following incentives have been targeted for elimination:  
 
$70 M - Eliminate Single Sales Factor for non-service companies  
$10 M - Repeal Research & Development (R & D) Tax Credit                    
$30 M - Eliminate the Manufacturers’ Purchase Credit (MPC)                   
$100 M - Decouple from federal accelerated depreciation                         
$30 M - Include Puerto Rico/outer continental shelf in definition of U.S.     
$4 M - Income tax on gaming winnings over $1000 from non-residents
$53 M - Decouple from qualified production activities deduction
$90 M - Repeal deduction for foreign/domestic dividends by corporations
$9 M - End deduction for company owned life insurance 
$65 M - Tax canned software                                                     
$15 M - Extend the insurance tax to industrial insurance 
$45 M - Tax fuel transported to out of state destinations               
$100 M - Limit retailers sales tax discount                                  
 
Overall, this would be a $621 million impact to the state’s businesses, $521 million of it reoccurring every year. CICI will know more of the state’s finances and any attempts to derive new revenue to pay for its ever increasing spending when the governor delivers his budget address in mid-February.
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REGIONAL SALES TAX INCREASE BAILS OUT MASS TRANSIT
 
After months of negotiations, legislation, HB 656 (Hamos, D-Evanston) increasing Collar County sales taxes and Chicago’s real estate transfer taxes to pay for the areas’ mass transit systems went to Governor Blagojevich yesterday. While the governor did pledge not to veto out the tax language, breaking his campaign promise not to raise taxes on people, he did state that he would amendatorily veto (AV) the bill to recommend that senior citizens statewide receive free public transportation. Approval of this measure would avert extensive service cuts and fare hikes for the areas mass transit systems slated for January 20.
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JCAR PROHIBITS SMOKING BAN RULES
 
The General Assembly’s Joint Committee on Administrative Rules (JCAR) voted this week 9 “YES” and 1 “NO”  to reject the Illinois Department of Public Health’s (DPH) rules enforcing the state’s new smoking ban in public places. While the law became effective January 1, 2008, this action means that certain details about implementing and enforcing the new ban remain unsettled.
 
What happens next is anyone’s guess. Governor Blagojevich has already dismissed JCAR as having merely an advisory role in implementing rules, bringing on a lawsuit by a citizen and members of the state’s business community, raising the possibility that DPH might simply ignore JCAR’s ruling.
 
At JCAR’s meeting this week, members of the panel said the proposed rules neglected an important aspect of the smoking ban: the due-process rights of anyone who is accused of violating the ban. There are also other lingering questions about how to interpret a section that bans smoking within 15 feet of entrances.
 
The problems with these rules were brought to CICI’s attention by several of our members who have concerns about what is considered an entrance, as it is not defined in the law. Since most of our facilities are a series of buildings with numerous entrances, it is common for a relatively small facility to have over 100 outside entrances for all of their various buildings.
 
CICI will keep you abreast of any developments that should occur with these rules or lack thereof.
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INTRODUCED LEGISLATION
 
Phthalates Ban
This measure, HB 4351 (Jakobsson, D-Urbana), creates the Children's Products Safety Act to provide that no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations exceeding 0.1 percent. The bill also provides that no person or entity shall manufacture, sell, or distribute in commerce any toy or child care article intended for use by a child under 3 years of age if that product can be placed in the child's mouth and contains diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent. The measure would also mandate that manufacturers use the least toxic alternative when replacing phthalates and shall not replace phthalates with carcinogens rated by the USEPA as A, B, or C carcinogens, or substances listed as known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens.   The measure further provides that manufacturers shall not replace phthalates with reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the USEPA.
–008 will ber iount revenues lart, as the following incentives have been targeted for elimination: any new spending being propos
 
Please note that the Chemical Industry Council of Illinois Legislator is not intended to convey legal advice or set forth all legal requirements applicable to particular circumstances.
 
Headquarters: 2250 E. DEVON AVE., SUITE 239, DES PLAINES, IL 60018 · TEL :( 847) 544-5995 · FAX :( 847) 544-5999
Springfield: 400 W. MONROE, SUITE 205, SPRINGFIELD, IL 62704 · TEL :( 217) 522-5805 · FAX :( 217) 522-5815
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400 W. Monroe, Suite 205
 Springfield, IL 62704
Tel: 217 522-5805 Fax: 217 522-5815

1400 E. Touhy Ave, Suite 110
Des Plaines, IL 60018
Tel: 847 544-5995 Fax: 847 544-5999