Illinois
Analysis: Illinois governor's revenue plan faces enough opposition to prompt cut talks
SPRINGFIELD, Ill. — When Gov. J.B. Pritzker proposed his budget for the upcoming fiscal year in February, he sought authority from lawmakers to raise more than $1 billion in revenue through various changes to the state tax code.
Among other things, he sought to raise $526 million through extending an expiring cap on losses that corporations can claim on taxes, and $200 million by increasing the tax on sportsbooks’ revenues from 15% to 35%.
But, one of his lead lieutenants this week sent a letter to the head of the state’s agencies instructing them to identify $800 million in collective budget cuts if lawmakers don’t deliver on Pritzker’s tax requests.
“As we continue to work with our General Assembly partners to pass our sixth consecutive balanced budget, it has become clear that opposition to proposed revenue is significant enough to direct agencies to prepare for the possibility of reductions to proposed spending,” Deputy Gov. Andy Manar wrote in the letter to agency directors dated May 7.
While Manar’s letter was addressed to “Agency Directors,” it was just as much a message to rank-and-file lawmakers – particularly those within the supermajority Democratic party. While ideologically aligned on the major points, Democrats have not been immune to intraparty squabbles throughout Pritzker’s tenure.
The letter comes at a time when lawmakers are entering the final two-week negotiating stretch for the budget before their scheduled May 24 adjournment. (It’s a self-imposed deadline, and that date could be extended a week without changing the number of votes needed to pass a budget).
But it doesn’t mean cuts are definitely coming, or that revenues are cratering amid late-year tax season filings.
To the contrary, Manar’s letter came on the heels of positive news – the Governor’s Office of Management and Budget increased its base General Revenue Fund estimate for the upcoming fiscal year 2025 by $295 million, to $53.3 billion.
Normally, that type of revision, at this time of year – coupled with the GOMB’s $250 million increase for the current fiscal year that ends June 30 – would have lawmakers thinking about new spending.
Source: Governor’s Office of Management and Budget
But in noting there’s at least some question as to whether lawmakers would approve the governor’s February revenue proposals, Manar presented a scenario where the opposite could be true.
“And finally, as your agency prepares for the impact of $800 million in potential spending reductions, please focus on grant programs and other discretionary spending that has increased in recent years,” Manar wrote.
Grant programs are some of the most popular spending areas for lawmakers, many of whom are accustomed to celebrating the impact of the dollars in their districts through celebratory news conferences and media releases.
In other words, the letter lays out a dueling reality for lawmakers who are on the fence: curtail popular program spending or get in line with Pritzker’s proposed plan to make the money available.
Manar’s letter was a subject for discussion on the latest episode of “Illinois Lawmakers” – the longest-running Illinois government-focused program in the state’s history that is now a production of Capitol News Illinois.
Sen. Elgie Sims, D-Chicago, the lead budget negotiator in his chamber, told “Lawmakers” host Jak Tichenor Thursday that Manar’s letter was “a good plan” and not cause for alarm as the session nears its end.
“You always have to have contingencies A, B and C,” Sims said, adding that the governor’s plan is option A, but negotiations must also be a “reflection of the caucuses’ priorities.”
“So I just saw the memo as part of that process – part of the planning process to make sure as we get ready for the final passage, we have all the options before us,” he said.
House Assistant Majority Leader Jay Hoffman, D-Swansea, echoed Sims, noting Democrats have come together to pass a balanced budget each year since Pritzker took office, resulting in nine credit rating upgrades from the major New York-based rating agencies.
“So we have to continue to work to get that balanced budget,” Hoffman said. “Now – I don’t know that I agree with the deputy governor on having to have all these revenue enhancements in order to have a balanced budget. But we if we have to make some reductions, we’ll make them.”
Jerry Nowicki
/
Capitol News Illinois
Because Pritzker’s revenue generators would pull in an estimated $1.1 billion, there’s room for his plan to pass in part without requiring cuts as drastic as Manar outlined in his Tuesday letter.
Deputy Minority Leader Norine Hammond, R-Macomb, told Tichenor she’s unsurprised by Manar’s letter. The budget ask, she said, has been driven up by competing interest groups all vying for a limited pool of funds.
“And as we know, that becomes a Christmas tree and the revenue needs just become greater and greater,” Hammond said.
But the House GOP’s lead budgeteer also noted her caucus has not been intimately involved in any cross-party budget negotiations thus far.
There are other revenue generators in the governor’s plan as well. It seeks to generate $101 million by capping a sales tax discount claimed by retailers, and to transfer some mass transit costs to the state’s Road Fund to generate $175 million.
Read more: Pritzker agency heads questioned on $1.1 billion revenue proposals
The governor’s office gives far less fanfare to two other proposals: a cap on a widely used personal income tax deduction and a redirection of some tax revenue away from parks and recreation programing.
The former is a $2,550 cap on the standard deduction claimed by millions of Illinoisans to generate $93 million. It was scheduled to grow to $2,775 if lawmakers don’t change the law. The latter would move a portion of real estate transfer taxes to GRF instead of the Open Space Land Acquisition and Development Fund – one of the most popular of all grant programs – to raise $25 million.
Capitol News Illinois photo by Jerry Nowicki
While Manar’s memo lays down a marker for the final two weeks of budget negotiations, it doesn’t drastically change the state’s fiscal landscape from where it was a week ago, when the legislature’s Commission on Government Forecasting and Accountability reported April revenues came in about as expected.
In fact, the GOMB’s new estimate is nearly identical to COGFA’s latest projection.
But the letter does indicate that Pritzker’s budget proposal appears to be facing some turbulence as the plane nears its landing – again, not an uncommon occurrence in Springfield.
Jerry Nowicki is the editor-in-chief of Capitol News Illinois, a nonprofit, nonpartisan news service covering state government that is distributed to hundreds of print and broadcast outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.
Illinois
Weather service assessing damage across Iowa, Illinois and Missouri
The National Weather Service has teams of storm surveryors in the field April 18 investigating several reports of severe storms and tornado touch downs across eastern Iowa, northwest Illinois and northeast Missouri.
According to the weather service’s website, windgusts of up to 60 to 70 mph along with teacup-sized hail and several tornadoes were reported April 17.
Many homes and outbuildings were damaged, trees were uprooted and power lines were downed in Lena, Illinois, where the most significant damage occurred, the site pointed out.
Very strong winds also were reported near Washington, Iowa, and Colmar, Illinois, where several outbuildings and grain bins were destroyed.
The weather service received reports of confirmed and possible tornadoes in the areas of Lena, Pecatonica, Shirland, Rockton, Roscoe and Capron.
The teams will be assessing damage this weekend into next week along with county emergency management teams to determine what types of storms occurred and their paths.
Dozens of power outages were reported, as well.
As of the afternoon of April 18, ComEd was reporting 85 active power outages across northern Illinois, down from 241 on April 17, and 6,751 customers affected, down from more than 18,000.
The bulk of those outages and the most customers impacted are concentrated in Jo Daviess and Stephenson counties.
Illinois
5 tornadoes confirmed in Illinois from Friday’s storms
Freeze Watch
from MON 12:00 AM CDT until MON 9:00 AM CDT, Lake County, Kankakee County, La Salle County, DuPage County, Northern Will County, DeKalb County, Southern Will County, Kendall County, Southern Cook County, Northern Cook County, Grundy County, Eastern Will County, Kane County, McHenry County, Lake County, Newton County, Jasper County, Porter County
Illinois
‘Credit card chaos’? Financial institutions bet big on repeal of first-of-its-kind Illinois law
“Credit cards may not work for sales tax or tips starting July 1.”
By now, you’ve heard that claim, but whether it’s true depends on who you ask.
The ads — funded by the Electronic Payments Coalition of banks, credit unions and card companies — argue that Illinois lawmakers must repeal the state’s first-in-the-nation Interchange Fee Prohibition Act, slated to take effect July 1. That law prohibits financial institutions from charging “swipe,” or interchange, fees on the tax and tip portions of consumer bills and bans them from making up the fees elsewhere.
If it’s not repealed? “Credit card chaos” may ensue, the ads warn.
While the financial institutions are quick to cite a list of things that could hypothetically happen if the law isn’t repealed, it’s harder to pin down what’s being done and by who to comply with the law two years after it was signed.
“The global payment system is not set up to where any one party to a transaction can make this happen on their own,” Ashley Sharp, of the Illinois Credit Union Association said at a Capitol news conference Wednesday. “There are multiple parties to every electronic transaction.”
The financial institutions are adamant that the global payment system as it exists today can’t discern the difference between tax, tips and total, and it would need to be retooled at a heavy cost to banks, card companies, merchants, point-of-sale companies and more.
Instead of complying, they say, the card companies could decide to stop serving Illinois or drastically alter the way the consumer interacts with merchants at the point of sale.
An alternate reality
But as with all matters in Springfield, there’s another big-monied and powerful group on the other side of the issue. The Illinois Retail Merchants Association says the credit card companies already track all the information they need, and it’s a “complete fabrication” to say that it would take more than a mere coding change to implement the state law.
Take your restaurant receipt, for example.
“You have the subtotal, the sales tax, the tip, if it’s applicable, and then the grand total, right? All they have to do is move their fee from the grand total to the subtotal,” Rob Karr, president of IRMA, said.
While card networks operate in over 200 countries with as many different laws, they say the only information the card processors ask for in any of them is the grand total. The receipt example, they say, erroneously conflates the point of sale with the actual processing of payments.
In short, the two sides present starkly different realities — a muddying of the water that’s not uncommon at the Capitol.
But there is one concrete truth: The financial institutions have a lot to lose, and not just in Illinois.
The tax and tip prohibition would shave approximately 10% off the revenue that banks and credit unions receive from retailers via interchange fees — a transfer of wealth likely to number in the hundreds of millions. It would also create massive noncompliance fines.
And then there’s the issue of precedent. The banks challenged the law but lost in court. Absent a successful appeal, the remaining battlefields would be other state legislatures.
If the card companies implement Illinois’ law, they’d be providing a blueprint for states across the nation to emulate — driving potential revenue loss into the billions.
Thus far, Ben Jackson of the Illinois Bankers Association said, it hasn’t opened the floodgates, although some 30 states are considering similar action.
Still, it’s no wonder then, that the Electronic Payments Coalition has pulled out all the stops in its seven-figure ad campaign to repeal the law.
How we got here
To fully understand the ongoing slugfest between banks and retailers, you have to go back to May 2024.
But first, an explanation of interchange fees. Each time a shopper swipes their credit or debit card, it sets off a complicated string of payments between banks. The retailer’s bank pays an “interchange fee,” typically around 1% to 2% of the transaction cost, to the consumer’s bank. The fees include both a set amount and a percentage of the transaction, but the credit card companies, namely Visa and Mastercard, control how they’re calculated.
The financial institutions say interchange fees help fund credit card reward programs and security upgrades and provide compensation for bearing the risk of fraud. The hit to interchange revenue, Jackson said, would inevitably lessen reward program offerings. Sharp said credit unions, as not-for-profit cooperatives, use the revenue to offer lower rates to customers.
But the fees have long drawn the ire of retailers and small businesses, which sometimes pass the costs directly to consumers via a surcharge on bills.
It comes down to this: The retailers don’t think they should have to pay a fee on the tax and tip portion of a transaction that they don’t keep. And the financial institutions say if they’re handling those funds, they should be compensated for doing so via interchange fees.
As for the Illinois law’s passage, it was, as the ads claim, tucked into the budget two years ago, giving little time for the bankers et al to mount an opposition campaign.
Gov. JB Pritzker and lawmakers agreed to raise about $101 million in revenue to plug a budget hole by putting a $1,000 monthly cap on the “retailer’s exemption,” a tax break retailers claim for being the state’s de facto sales tax collectors.
But the retailers weren’t going to take that lying down, and IRMA successfully lobbied for the long-sought tax and tip exemption.
After the law passed, the financial institutions quickly sued.
To avoid uncertainty as the case played out, lawmakers delayed the measure’s effective date from July 1 last year to the same date this year.
U.S. District Judge Virginia Kendall ultimately determined in February that Illinois is within its right to regulate the fees. She partially rejected a portion of the law that prohibited banks from sharing certain data, which the credit unions say creates different rules for different institutions and further uncertainty.
The case is now pending appeal, and the legislative process is starting anew.
This time, the financial institutions have mounted a dual front in the court of public opinion.
The cost of compliance
Karr estimated the prohibition would bring in “north of $200 million” for retailers — essentially letting them pocket that sum instead of transferring it to the banks. A study by the Electronic Payments Coalition pegged the number at $118 million, estimating that about 40% of the interchange windfall would go to the 40 largest retailers.
Even so, Karr said, the largest retailers are subject to the $1,000 monthly retailer exemption cap that accompanied the swipe fee ban, while smaller retailers don’t reach that mark. Add in their cut on reimbursed swipe fees, and it amounts to what Karr calls “the largest small business relief that Illinois has ever passed.”
But Jackson argued the cost of retailers complying could eat up any benefits for smaller retailers.
As for compliance, Kendall wrote in her February opinion that “It is an open question whether the transaction process could adapt to the impact of the IFPA in time.”
“The Interchange Fee Provision is indisputably disruptive, requiring additional investments, hires, and new procedures to replace the current process for authorizing and settling debit and credit card transactions,” she wrote.
The financial institutions argue it can’t all be done by July 1. Kendall said the parties involved know what’s required of them.
“But those procedural changes are the product of an ecosystem built by Payment Card Networks and financial institutions to facilitate consumer transactions,” she wrote. “And these entities understand the onus of IFPA compliance is on them.”
Per the coalition, compliance “would require coordination across the industry and regulators worldwide,” including with the International Organization for Standardization. It would also require more data collection, creating privacy concerns, they say.
Those global changes would require testing and certification of new equipment. Depending on their card companies or point-of-sale vendors, retailers may need to invest in new equipment, software and training.
Banks and credit unions may also have to add staff to process rebates under the law. It allows retailers or their processing companies to petition their financial institutions for reimbursement on fees charged on tax and tips within 180 days of a transaction.
If financial institutions don’t comply within 30 days, the law provides for civil penalties of $1,000 per each transaction — and hundreds of millions of these transactions happen annually.
So will that chaos come to fruition?
Instead of complying, according to the coalition’s literature, the card companies could just stop processing cards altogether in Illinois. They could also stop processing tax and tip portions or require two separate swipes for the subtotal and the tax and tip portion of bills.
Such claims aren’t uncommon in the legislature’s annual adjournment push.
Sports betting companies, for example, threatened to leave Illinois when the state raised its gambling taxes in the same budget cycle that yielded the interchange fee prohibition two years ago. Instead, they adapted, because Illinois has a lot of bettors — and there’s even more card users.
Karr accused the coalition of ulterior motives in their use of hypothetical language.
“There is no need for chaos,” he said. “The only chaos is if the credit card companies impose it themselves on their consumers.”
Ultimately, lawmakers will have to weigh how compelling the arguments are, if the courts don’t intervene first.
It’s possible that the 7th Circuit appellate court — or even the U.S. Supreme Court — gives the banks a win. But oral arguments are slated for May 13, meaning the appellate court might not rule by the time the law is slated to take effect.
Adding a new wrinkle on Wednesday, the federal office of the Comptroller of the Currency, a subset of the U.S. Treasury Department, appeared poised to issue an order preempting Illinois’ law. It hadn’t been published as of late Wednesday, making its impact unclear.
“While the office has failed to explain their reasoning or allow public review, it’s clear the goal is an end-run around the legal process after a judge recently upheld the law,” Karr said.
As for the legislative prospects, state Rep. Margaret Croke, D-Chicago, says she’s seen enough to be concerned. The Democratic nominee for comptroller is sponsoring a bill to fully repeal Illinois’ interchange fee prohibition.
But as of last week, she said she wasn’t planning to move it. Instead, she finds it more likely that lawmakers once again delay the law’s implementation.
“If this is a policy that the state of Illinois decides they’re going to want to have, then we need to make sure we’re doing it properly,” she said.
___
This story was originally published by Capitol News Illinois and distributed through a partnership with The Associated Press.
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