March 19, 2010

Springfield, Ill. – In order to meet a legislation approval deadline, Senate lawmakers were busy this week approving almost 200 bills. Legislation ranged from measures to require greater oversight of state leases and more fair payments to the state’s vendors, to legislation that would improve health care for the state’s sickest patients and increase public oversight of early release inmates.

The Governor also signed Senate Bill 355, legislation that would cut the cost of elections, give elected officials more time to do their jobs and encourage better voter turnout. Senate Bill 355 moves Illinois’ primary election from the first Tuesday in February to the third Tuesday in March, in even-numbered years.

The state’s primary was moved from March to February several years ago to accommodate then-presidential candidate Barack Obama. According to the State Board of Elections, voter turnout this past February 2nd primary was a dismal 23 percent. Lawmakers hope that moving the primary closer to the general election will save time and money, and improve voter turnout due to improved weather.

Also this week, the Quinn administration was criticized for the Department of Health Care and Family Services’ (HFS) decision to renew a contract related to administering the state’s Medicaid dental plan without opening the contract up to the bidding process.

The Senate Republican Caucus said that new bids could have not only saved the state money, but highlighted the questionable no-bid contract renewal for DentaQuest, noting that the current HFS director once was employed by a legal firm that lobbied on behalf of the company. Because of the state’s massive deficit, Republicans said that the default position in state government should be to try and re-bid high dollar state contracts, particularly considering the current director’s relationship to the company.

In other action, Senate lawmakers approved Senate Bill 2887, which requires the Procurement Policy Board to approve all new state leases for properties with rent payments of $100,000 or more and that are larger than 10,000 square feet. The measure was introduced in response to a recent situation where the Illinois Department of Aging attempted to vacate a rent-free, state-owned building and sign a new lease for a building with an annual cost of $532,000.

Though the attempted move was halted and is now pending review by Central Management Services, the situation garnered significant media and public attention. Considering the state’s multi-billion budget deficit, legislators believe all new, high-dollar state leases should be subject to review.

Another measure was advanced this week that would entitle Illinois Department of Transportation (IDOT) contractors who receive periodic payments from the state, to receive interest payments from the state when the payment is not made in a timely manner. Senate Bill 3016 was introduced at the urging of state IDOT contractors who are paid upon the completion of various phases of a project.

Because these contractors do not submit a bill or invoice, this renders them ineligible for interest under the Prompt Payment Act. Senate Bill 3016 would ensure that when an IDOT vendor is owed periodic payments under the terms of the contract, they are entitled to interest on payments that the state does not make in a timely manner.

Lawmakers also approved Senate Bill 3743, which would help provide specialized, high-quality care to Illinois’ sickest patients. The legislation is expected to not only improve health outcomes for these patients, but reduce Medicaid spending by almost $10 million annually.

Senate Bill 3743 creates the Long Term Acute Care Hospital Quality Improvement Transfer Program, which would create access to beds in long term acute care hospitals (LTACH), which specialize in treating patients who need ventilators, wound care, and who have medically complex conditions. The LTACHs must meet strict requirements to receive an increased supplemental rate of payment; however, the rate paid to these specialized hospitals would be less than payments to short term acute care hospitals.

Lawmakers also gave a stamp of approval to a measure requiring the Department of Corrections (DOC) to post online the pictures and identification of former inmates who receive early release. In response to the recent problems and abuses following the Quinn administration’s early release program, Senate Bill 3411 would require DOC to place a recent picture of the inmate on its Web site within three days of the inmate’s release.

The Web site would not only include the inmate’s name and age, but also his or her physical attributes, address, the offense that was committed and the county where the conviction took place. DOC would be required to leave the information on the Web site until the inmate successfully completes the first year of his or her mandatory supervised release, or the inmate is returned to the custody of the Department.

Legislation advanced by the Illinois Senate this week:

Emergency Health Volunteers (SB 2541): Allows the Illinois Emergency Management Agency to coordinate health or veterinary services while an emergency declaration is in effect.

Military Reenactment Groups (SB 2578): Allows any member of a nationally recognized military re-enacting group to possess vintage rifles or modern reproduction rifles with a barrel length of less than 16 inches, for use in connection with a historical reenactment.

License Plates (SB 2798): Creates a “Share the Road” license plate in which funds will be directed as grants to the League of Illinois Bicyclists.

Charitable Dentist Events (SB 3061): Allows for temporary permits to out of state dentists to practice dentistry, without compensation and for a limited time period at charitable, free dental events.

Smoke Detectors (SB 3097): Requires new facility units or any dwellings constructed, reconstructed, or substantially remodeled to have smoke detectors permanently wired into the structure's AC power line to maintain an alternative back-up battery power source.  

Sex Offenders (SB 3293): Requires registered sex offenders to provide their telephone number and cellular telephone number to the law enforcement agency where they are registering.

Lead Tire Weights (SB 3347): Prohibits the use, sale, or distribution of a lead or mercury-based product to balance a vehicle wheel or tire.

Nuclear Power Plants (SB 3388): Lifts Illinois’ ban on the construction of nuclear power plants.

Mold Remediation Act (SB 3415): Requires notification in writing to employees of correcting mold problems, including a scheduled date and timeframe, prior to mold removal.

Firearm Owners Relief (SB 3421): Allows the Director of State Police to grant relief to citizens prohibited by federal law from possessing a firearm because of mental defects or commitment to a mental institution, or for selling/giving a firearm to such a person if the Director determines the person is not dangerous to public safety.

Sexually Violent Persons (SB 3467):  Allows the state to place a person committed as a sexually violent person, who is about to complete a sentence of imprisonment on their sex offense, in the secured custody of the Department of Human Services for treatment and evaluation.

County Coroners (SB 3478): Permits county coroners to cremate unclaimed bodies unless it is necessary to preserve the body for law enforcement purposes.

Probation Officers (SB 3539): Establishes thirty hours of training or continuing education per year for probation officers, which will increase to forty hours in 2014.

Youth Development (SB 3543): Creates the Afterschool Youth Development Project to provide all young people between the ages of 6 and 19 with access to quality afterschool programs.

Tow Trucks (SB 3584): Makes it unlawful for an owner or operator of a tow-truck or wrecker to misrepresent an affiliation with the state, a local government, an insurance company, a private club, or any other entity for the purpose of securing a service.

Prompt Payment Act (SB 3587): Requires vendors to forward any interest derived from the Prompt Payment Act to a consumer if the vendor required the consumer to pay upfront for any services.

Freedom of Information Act (SB 3588): Allows for e-mail notification to an employee if their personnel records are requested through FOIA.

Consumer Economics Course (SB 3608): Requires all high school students to take Consumer Economics by eliminating the ability to choose to take the Annual Consumer Education Proficiency Test.

MIA/POW Scholarship (SB 3630): Redefines eligibility for the MIA/POW scholarship to include an individual who was an Illinois resident within 6 months after entering service, or became an Illinois resident within 6 months after leaving the service, and who establishes at least 30 years of continuous residency in Illinois.

Home Invasion (SB 3684):  States that home invasion and burglary includes misrepresenting oneself to be a representative of government, construction company, telecommunication company or utility company to gain entry to a home.

Residential Services Construction Grant (SB 3708): Creates the Residential Services Construction Grant Program Act to award grants to licensed residential service providers for capital improvements or expenditures.

Angel Investment Credit (SB 3710): A taxpayer may claim an income tax credit of 25 percent invested by them with a fund manager in a qualified new business venture, but no more than $10,000,000 worth of investments may be claimed for tax credits annually.

Drug Paraphernalia (SB 3734): Classifies cigar wrappers used to roll your own cigars, also known as “blunts” to be drug paraphernalia, but exempts any wrap used in manufacturing a cigar intended for retail sale.

Housing and Urban Development (SB 3738): Establishes a foreclosure prevention counseling program where grants will be administered to House and Urban Develpment-certified counseling agencies for home-ownership education and foreclosure prevention counseling.

Homeowner Protection Program (SB 3739): Extends the Homeowner Protection Program in order for homeowners to renegotiate the terms of their loans with lenders.

Circuit Breaker Program (SB 3745): Allows a surviving spouse to qualify for pharmaceutical assistance even though the income of the surviving spouse may exceed the threshold for a one-person household because the deceased spouse’s former income is still included.

Transfer Fee Covenant Act (SB 3747): Prohibits transfer fee covenants regarding real estate property.

Bilingual Outreach (SB 387): Requires constitutional offices, state universities, community colleges and the Toll Highway Authority to provide an annual report that includes a description of the implementation and progress of the State Hispanic Employment Plan and the bilingual employment plan.

Diabetes (3780): Creates the American Diabetes Fund and provides for the transfer of certain functions relating to diabetes from the Department of Human Services to the Department of Public Health.

Elections (SB 377): Requires the Governor and Lieutenant Governor to run together as a team in the General Primary Election.  

Metropolitan Planning (SB 374): Requires the Department of Commerce and Economic Opportunity, Illinois Department of Transportation and Illinois House Development Authority to adopt the “Housing and Transportation Affordability Index” as a tool for the development of plans in Metropolitan Planning Organization Areas and for consideration of funding allocation for public transportation, economic development and housing projects in Metropolitan Planning Organization Areas.

Military Education (SB 389): Allows a State Police applicant to meet college educational requirements by having served in the military and awarded an Afghan or Iraqi campaign medal by the military or naval services of the United States.

Public Benefits Fraud Protection Task Force (SB 3815): Creates the task force to review the nature of public assistance fraud in order to calculate the damage of public assistance fraud and to determine if harsher penalties are necessary.

Riverfront Development (SB 352): Transfers money from the General Revenue Fund to the newly created Riverfront Development Fund in order to award grants for infrastructure.

Autism (SB 676): Provides that fire and EMS personnel must undergo training to identify and interact with persons with autism.

Smoke Free Illinois (SB 851): Removes the indoor smoking exception that allows private and semi-private rooms in nursing homes and long-term care facilities to be smoking rooms, which is currently against Federal regulations.

Sexual Assault (SB 1020): Gives the sentencing judge discretion to impose an extended term prison sentence on a major sex offense, if the victim was under 18 and the victim was under the influence of alcohol at the time of the offense.

Sexual Offenders (SB 2462): Requires a sex offender who is registering after release from prison to provide the law enforcement agency where he or she is registering with a copy the conditions of release from prison.

Student Athletes (SB 2542): Requires agents for student athletes to register with the Illinois Department of Financial and Professional Regulation and provides the student athlete with several protections including contract requirements (including “opt out” options) and “eligibility” safeguards.

High Speed Rail (SB 2571): Creates the Illinois and Midwest High Speed Rail Commission to deal with the development of high speed rail in Illinois.

Utility Audits (SB 2612): Authorizes municipalities that impose certain taxes or fees on or collected by certain public utilities and cable TV companies to conduct audits of those utilities/cable companies to determine the accuracy of the taxes or fees paid to the municipality.

Enterprise Zones (SB 2747): Requires new Enterprise Zones to be located in an area with an annual unemployment rate of at least 10 percent or be at 120 percent of the State’s average unemployment rate for the previous calendar year.

State Leases (SB 2887): Requires the Procurement Policy Board to approve new leases entered into by the State of Illinois.  

Federal Health Care (SB 3047): Requires the Health Care Justice Implementation Task Force to monitor implementation of the federal health care reforms and make additional recommendations regarding reforms.

“Green” Tax Credit (SB 3147): Creates the Efficient and Green Illinois Tax Credit which is equal to 25 percent of the cost for an energy efficient project and renewable energy resources.

Lottery (SB 3514): Guarantees payment of lottery prizes to winners.

Electronic Textbooks (SB 3547): Allows school districts to provide instructional materials electronically, including the use of electronic textbooks and any equipment needed to provide these materials.

DUI (SB 3732): Requires mandatory revocation of the driver’s license of a driver suspected of a DUI that causes death or serious bodily injury, and who refuses to provide a blood or breath sample upon request from a police officer.

Sex Offender Registration (SB 3084): Retroactively requires sex offender registration for some offenders whose offenses were committed before those various effective dates.

School Buses (SB 3199): Requires a school bus to be equipped with a cellular radio or a two-way radio, and allows a school bus driver to talk on a cell phone while operating the bus if he or she is talking to school authorities about the operation of the bus or the welfare/safety of a passenger.

College Tuition (SB 3222): Allows a student at one of Illinois’ public universities, who continues for a 5th and/or 6th year to receive the same rate of tuition of the first 4 years the student attended.

Sexual Education Course (SB 3332): Requires that the dangers associated with drug and alcohol consumption during pregnancy be taught in sexual education classes.

Eye Tattooing (SB 3359): Prohibits tattooing of the eye.

Early Release Prisoners (SB 3411): Requires photo and identification information of early release prisoners be placed on the Department of Corrections Web site.

Energy Usage (SB 3429): Requires the Capital Development Board to initiate a study to identify a simple and easily understood way to label buildings or facilities based on their energy usage, requiring at least ten buildings to become case studies.  

Rental Vehicles (SB 3506): States that if a rental vehicle is damaged and the estimate of the repair exceeds $3,500, then prior to any repairs being initiated, the renter or the insurer is allowed 72 hours from the date of notice to obtain another estimate of repair.

Truth in Health Care Professional Services (SB 3509): Requires an advertisement for health care services that names a health care professional to identify the type of license held by healthcare professional and provides that the advertisement must be free from any and all deceptive or misleading information.

Cook County Taxes (SB 3529): Lowers the interest rate on late property taxes in Cook County from 1.5 percent to .5 percent only for the first installment due in 2010.

Graduate Assistants (SB 3570): Allows pre-professional graduate assistants to organize under the Illinois Educational Labor Relations Act and become eligible for benefits.

DUI Fees (SB 3616): Increases DUI violations from $500 to $750 and gives the law enforcement agency that made the arrest a bigger percentage of the fine.

Taxpayer Transparency Act (SB 3622): Specifies that appropriations from the General Revenue Fund cannot be made unless a copy of the bill in its final form has been made available on the GA Web site four days prior to final consideration of the bill and presentation to the governor.

Tax Deduction for Time Unjustly Served (SB 3648): Creates an income tax deduction for Court of Claims awards for time unjustly served in a State prison.

Business Tax Credit (SB 3662): Allows a taxpayer to be eligible for a $1,000 job tax credit per eligible employee hired to work in between the tax years of 2010 and 2012 in qualifying zones.

Community College Transfer Grant Program (SB 3699): Provides financial assistance to eligible former community college students for the costs of attending a public or private institution of higher education in Illinois.  

Private Business and Vocational Schools (SB 3737): Exempts schools seeking approval to operate Illinois if they are accredited by an accrediting agency approved by the U.S. Department of Education.