Illinois faces contempt charge over funding failure

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[August 26, 2015]  CHICAGO, Aug 25 (Reuters) - Attorneys for disabled Illinois residents asked a federal court on Tuesday to find state officials in contempt of an order to pay for services despite the lack of a fiscal 2016 budget.

U.S. District Court Judge Sharon Johnson Coleman on Aug. 18 ordered Illinois to make timely payments for all services, programs and personnel required under a 2011 consent decree that covered more than 10,000 Illinois residents with developmental disabilities.

Republican Governor Bruce Rauner and Democrats who control the House and Senate have been at an impasse over a spending plan for the fiscal year that began July 1. However, courts have ordered state money to continue to flow for human services covered under existing consent decrees and for state payroll.

In their motion, attorneys for the disabled residents said Illinois failed to pay for expenses incurred in July by an Aug. 21 deadline set by the judge.
 


Rich Carter, a spokesman for the Illinois Comptroller's office, which pays the state's bills, said $71 million in expedited payments were made on Tuesday and that more bills will be paid "as soon as agencies submit vouchers and revenue allows."

"We are prepared to explain to the court that we simply do not have the funds to immediately pay all organizations covered under the existing order and still meet legally required debt and payroll payments," Carter said. "But we are prioritizing all payments to the best of our ability, with precedence being given to those serving our elderly, children and most vulnerable."

The disabled are not the only ones facing funding problems. Robert Thieman, executive director of the Illinois Association of Community Care Program Homecare Providers, told reporters in the state capitol in Springfield that despite a court order, providers of services for the elderly have been informed they can submit fiscal 2016 bills but those bills will not be paid until a budget is enacted.

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Alissandra Calderón, spokeswoman for the Illinois Department on Aging, said the department lacks the authority to make payments without a budget, but is "committed to helping seniors throughout the state and we are dedicated to our cause during this budget impasse."

About $467 million in annual state funding for human services programs is covered by court consent decrees, according to Illinois Senate President John Cullerton's office.

The civil contempt of court motion is aimed at Illinois' comptroller and two state department heads.

(Reporting by Karen Pierog)

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