Dozens of social service agencies that care for some of the state's most vulnerable people filed a second lawsuit against Gov. Bruce Rauner and others on Thursday as they try to get paid for programs they've continued to provide as the state stumbles along without a full budget.

The move by the Pay Now Illinois coalition comes as a temporary budget for universities and social service providers expired in January, leaving some groups struggling to offer services like sexual assault counseling, home visits for seniors and early childhood education for low-income families.

A similar lawsuit filed by the group last year is before an appeals court, but Thursday's move represents a change in legal strategy. The latest suit was filed in St. Clair County Circuit Court, the same arena where a judge ruled in 2015 that state employees should continue to get paid despite the lack of a state budget.

That case was brought by 13 employee unions, which argued that failing to pay workers was a violated their collective bargaining agreements. Pay Now Illinois chair Andrea Durbin contended social service agencies may have a stronger case than the unions, noting they are providing services as required under contracts signed with the state.

Failing to honor those contracts is "immoral and oppressive, and inflicts substantial injury on the plaintiffs and the fragile populations that they serve," according to the suit, which also argues the state's failure to pass a balanced budget is a violation of the Illinois Constitution.

The lawsuit lists both the Republican governor and Democratic Illinois Comptroller Susana Mendoza as defendants, in addition to some state agency leaders. Among the groups suing is the Ounce of Prevention Fund, an early childhood nonprofit agency headed by Diana Rauner, the governor's wife.

Fissures surface in Senate over far-reaching budget framework Monique Garcia

The alliance between Democratic and Republican Senate leaders showed fissures Wednesday after GOP lawmakers failed to support portions of a sweeping proposal aimed at resolving the state's record budget stalemate.

The test votes put in jeopardy the larger budget framework Democratic Senate President...

The alliance between Democratic and Republican Senate leaders showed fissures Wednesday after GOP lawmakers failed to support portions of a sweeping proposal aimed at resolving the state's record budget stalemate.

The test votes put in jeopardy the larger budget framework Democratic Senate President...

(Monique Garcia)

"We are hoping for the same success so that we can get paid what is owed to us, and we can be certain of getting paid in the future," Durbin said. "After all, why should state workers be paid, but not state contractors?"

State employees' pay is now in jeopardy after Attorney General Lisa Madigan asked the judge in the St. Clair County pay case to lift the order that's kept paychecks flowing during the budget impasse. Madigan argued the ruling has "removed any imperative" for Rauner and Democrats to agree to a budget.

A hearing on the pay case is scheduled for next week. Employee unions and Rauner's office have blasted the move, with the governor posting a video on Twitter Thursday accusing Madigan of attempting to "shut down" the state until a budget is passed.

Rauner talked up a Republican proposal that would reclassify salaries so paychecks would go out the door automatically regardless of whether a budget is in place, as is the case for lawmakers and statewide officeholders like the governor. He vowed to veto a competing effort backed by Democrats that would only cut checks through the end of the budget year on July 1, saying House Speaker Michael Madigan is trying to create a crisis to force a tax increase. Attorney General Madigan is Speaker Madigan's daughter.

AG Madigan asks judge to lift order to pay state workers during impasse Monique Garcia

Attorney General Lisa Madigan wants a Downstate judge to lift a court order that's ensured state workers get paid in full during Illinois' historic budget impasse, contending it's "removed any imperative" for Republican Gov. Bruce Rauner and Democratic lawmakers to cut a deal.

Madigan's office...

Attorney General Lisa Madigan wants a Downstate judge to lift a court order that's ensured state workers get paid in full during Illinois' historic budget impasse, contending it's "removed any imperative" for Republican Gov. Bruce Rauner and Democratic lawmakers to cut a deal.

Madigan's office...

(Monique Garcia)

"Speaker Madigan will try to sell his June 30th government shut down proposal as a solution in case his daughter wins in court. But don't be fooled," Rauner said.

A spokesman for the American Federation of State, County and Municipal Employees Council 31 called the video an "attempt to mislead state workers," noting that lawmakers are being paid six months late after former Republican Comptroller Leslie Geissler Munger delayed their checks citing the budget impasse.

The union is also in the process of voting on whether or not to go on strike amid a protracted contract battle with Rauner.

"The governor's threat to veto a bill not sponsored by his partisan political allies follows a familiar pattern: Rauner makes a demand, refuses to compromise, and bullies those who disagree," said AFSCME spokesman Anders Lindall. "If he wants to make progress, the governor should negotiate, not dictate, both in developing a fully-funded budget and reaching a fair contract for state employees."

mcgarcia@chicagotribune.com

hbemiller@chicagotribune.com

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