Senate Week in Review: Aug. 17-21
SPRINGFIELD — A new law intended to increase public access to state records and information received widespread support from the public, the media and good government groups when it was signed by the governor this week, said state Sen. Dale Risinger (R-Peoria).
On Aug. 17, Gov. Pat Quinn approved legislation (SB 189/PA 96-0542) that makes substantial changes to Illinois’ Freedom of Information Act (FOIA).
Risinger explained that the state’s FOIA laws have been criticized for lacking the teeth to force government to comply with FOIA requests. The new law will enact strict rules, reduce the time deadline for government entities to respond to FOIA requests, drastically scale back possible FOIA exemptions, and penalize governments with fines if they are found to have intentionally violated the law.
Previously, government officials had up to seven working days, with a seven-day extension, to respond to the request. However, investigations conducted by the media and a government watchdog group found that in many instances, state government failed or refused to comply with FOIA inquiries. Now the state has five working days, with a possible five-day extension, to respond. Ignoring FOIA requests could lead to a fine ranging from $2,500 to $5,000.
A Public Access Counselor is also created under the provisions of the new law, which will take effect Jan. 1. The Public Access Counselor will have the authority to issue binding opinions to settle disputes relating to the Freedom of Information and Open Meeting Acts.
Another law to increase transparency in state government was signed Aug. 18. Senate Bill 54 (PA 96-0555) will increase financial transparency, make ethics investigations more public, strengthen the power of the Illinois Inspector General, expand the role of the Executive Ethics Commission and toughen the state’s revolving door policy.
The current investigation process makes it impossible to know how widespread state ethics investigations are, and also shields the severity of the violations. The new law will require the Executive Inspector General to share investigatory reports with the Executive Ethics Commission, and under certain circumstances, would allow the report to be made public.
Additionally, Senate Bill 54 increases protections for state whistleblowers and allows for anonymous allegations to be submitted to the inspector general’s office. The state’s revolving door policy is strengthened, specifically relating to state employees who participate in the awarding of state contracts or regulatory/licensing decisions. Financial transparency is also targeted under the new law, which requires the Governor’s Office of Management and Budget to post online timely Quarterly Financial Reports about the state’s fiscal condition.
In other business, a detailed review of legal requirements was the focus Aug. 18 at the second in a series of hearings on Illinois’ partisan system of gerrymandering state legislative and congressional districts. Lawmakers heard from redistricting experts from Minnesota and the National Conference of State Legislatures.
At the Springfield hearing, Peter Watson, legal counsel to the Minnesota State Senate, discussed federal requirements for drawing legislative maps that will withstand court challenges. Watson was joined by Tim Storey of the National Conference of State Legislatures, who provided an overview of redistricting trends in other states. Storey said that the number of states which rely on independent commissions to draw legislative boundaries has been growing. Currently, 13 states use commissions rather than leave the drawing up to legislators.
A third hearing is planned for Sept. 16 in Peoria. At the hearing, the Senate Committee on Redistricting is expected to turn its attention to needed reforms, including the recommendations of Gov. Quinn’s non-partisan Illinois Reform Commission.
The following legislation was signed into law this week:
Absentee Ballots (HB 3972/PA 96-0312): Updates the language printed on all absentee ballots and absentee ballot applications to warn applicants that it must be postmarked no later than midnight of the day prior to the election if being returned by mail. (SB 2022/PA 96-0553): Allows a voter to vote by absentee ballot without disclosing why they are voting by absentee ballot.
Adlai Stevenson Day (HB 50/PA 96-0559): Designates Feb. 5 as Adlai Stevenson Day in Illinois.
Anti-Crime Programs (HB 3950/PA 96-0578): Attempts to ensure that local anti-crime programs continue to receive the funding they were intended under the Unified Code of Corrections by exempting these contributions from requirement that fees, fines, and costs, and additional penalties paid to the circuit clerk have to be disbursed to other governmental entities within 60 days after receipt.
Bank Takeovers (SB 1422/PA 96-0585): Requires approval by the Commissioner of Banks to make it more difficult for large banks to take control over small state-chartered savings banks.
Boards and Commissions (SB 1602/PA 96-0543): Requires the establishment of a searchable Internet database relating to appointed positions on the state’s boards and commissions, and requires anyone appointed by the governor to a board or commission position to file a statement of economic interest.
Campus Security (HB 2507/PA 96-0594): Permits campus police to regulate and control traffic on a public way contiguous to the college or university property.
Community-Integrated Living Voting (HB 567/PA 96-0563): Allows unregistered residents of a community-integrated living arrangement to vote on all officers of that political subdivision.
Credit Discrimination (HB 418/PA 96-0560): Requires insurance providers and public utilities that deny, cancel, or refuse to renew a service based on credit information, to explain why and allow the affected party to explain his/her credit information.
Daycare Robbery (HB 10/PA 96-0556): Increases the penalty for a robbery or burglary committed at a daycare center.
Disability Data (HB 47/PA 96-0558): Exempts certain law enforcement information concerning residents with mental and physical disabilities from being released under FOIA. This is to encourage individuals to inform police that there is a person living in their home who has a mental or physical disability so law enforcement is aware of their presence when they respond to a call at the home.
Eavesdropping (HB 1348/PA 96-0547): Expands the consensual eavesdropping exemption for a child pornography investigation so law enforcement can quickly arrange to listen to and preserve the predator’s call.
Elected Official Misconduct (HB 4078/PA 96-0597): Establishes provisions that would allow for proceeds collected by an elected official who has been removed from office by conviction or impeachment due to a violation of the official misconduct law, to be forfeited to both punish the official and prevent them from benefiting financially from their crime.
Electrologists (HB 1329/PA 96-0569): Provides a 90-day grandfather exemption to begin after the effective date for electrologists who failed to apply for a license within one year of the adoption of the Electrologist Licensing Act in 2006.
Employee Restrictions (HB 2474/PA 96-0593): Creates a task force within the Illinois Criminal Justice Information Authority to research employment restrictions that affect individuals who have criminal record.
EMS Memorial Plates (HB 2433/PA 96-0591): Creates an Emergency Medical Services Memorial license plate, with fees that will go into an EMS scholarship and training fund.
EMT (SB 1254/PA 96-0540): Authorizes the Department of Public Health to review applications for EMT licensure from members of the armed forces with military emergency medical training and offer the applicant an opportunity to complete an exam as long as all qualifications are met.
Excessive Idling (HB 2664/PA 96-0576): Increases the fines for an excessive idling violation to $90 for a first offense and $150 for a second conviction.
Facility Closure (HB 3878/PA 96-0596): Provides that a health care facility must provide a written pre-closing statement no less than 90 days before permanently closing its facility, to require the facility to plan for the transfer of records and disposal of medical products.
False Identification (SB 1512/PA 96-0549): Authorizes the Secretary of State to issue fictitious identification cards to undercover law enforcement officers.
Forestry (SB 1413/PA 96-0217/HB 1087/PA 96-0545): Re-establishes the forestry development council to study Illinois’ forest resources and industry.
Foster Care (HB 4054/PA 96-0581): Establishes a program of transitional discharge from foster care for teenage foster children, enabling former foster youths younger than 21 who encounter significant hardship upon emancipation to reengage with the Department of Children and Family Services. (HB 726/PA 96-0247): Requires an annual report be given to the Governor and lawmakers on the estimated cost and additional funding required to establish the rate for each child up to 100 percent of the Foster Care Minimum Adequate Rates for Children.
Gold Star Hotline (SB 1493/PA 96-0541): Mandates the Court of Claims create a hotline to assist Gold Star and Fallen Heroes families with claims made under Line of Duty Compensation Act.
Governmental Purchases (SB 420/PA 96-0584): Authorizes Central Management Services to purchase personal property, supplies and services jointly with governmental entities of one or more other States.
Health Department Fees (HB 3779/PA 96-0577): Exempts certified local health departments from paying a $1,500 fee for home service agencies or home nursing agencies.
Hoarding (HB 2388/PA 96-0572): Seeks to provide help and services for people age 60 and older who suffer from self-neglect, including compulsive hoarding, which threatens their lives or safety.
Information system (SB 1922/PA 96-0599): Creates the 2-1-1 system to provide information on where to obtain assistance from local and national social service programs.
Interim Attorney (SB 65/PA 96-0583): Clarifies and specifies issues relating to interim attorney’s fees in divorce cases.
Line of Duty Compensation (HB 22/PA 96-0539): Provides that interest payment penalties will be added to all Line of Duty Compensation Act claims that were not paid as of Aug. 26, 2008, in response to the large backlog of unpaid line of duty compensation claims being adjudicated through the Court of Claims.
Local Goods (HB 3990/PA 96-0579): Establishes the Food, Farms, and Jobs Council to promote the purchase of local farm and food products grown, processed, packaged and distributed in Illinois, and sets a goal for all state agencies and state-owned facilities to purchase 20 percent of their food from Illinois producers by 2020.
Mental Health Court Case (HB 2280/PA 96-0570): Provides that in cases of voluntary admission to a mental health facility when there is a commitment petition before the court, the petitioner is entitled to notification of the voluntary admission and has a right to object to the dismissal of the case.
Nuisance Properties (HB 621/PA 96-0564): Allows townships to provide nuisance repair and removal for the cutting of grass, trimming of trees or bushes, and removal of nuisance bushes or trees and to turn off water and/or sewage service to residents who do not pay their sewage bill within 30 days.
Off-Track Betting (HB 467/PA 96-0562): Provides that if an off-track betting facility relocates, then GRF payments associated with that facility for museum purposes will follow the OTB and be paid to the appropriate park district (for museum purposes) in which the facility is located.
Pedacycle (HB 1181/PA 96-0554): Aligns the definition of motorized pedacycle with federal law, and allows the Secretary of State to provide an expedited motor vehicle title processing service for $30.
Pension Funds (SB 1611/PA 96-0551): Allows the United Counties Council to participate in the Illinois Municipal Retirement Fund.
Prescription Drugs (HB 2450/PA 96-0573): Increases penalties for the manufacture, delivery, or possession of a certain amount of prescription drugs by a person who is not licensed to prescribe or dispense the drugs.
Prostate Cancer (HB 1033/PA 96-0567): Expands Medicaid eligibility to include coverage to uninsured persons who have been screened and found in need of treatment for prostate or testicular cancer.
Public Contractor Penalties (HB 2651/PA 96-0575): Strengthens penalties for state contractor misconduct involving taxpayer funds, as a way to encourage more ethical practices by contractors.
Public Labor (SB 1715/PA 96-0598): Establishes a time frame within which an initial collective bargaining agreement must be attempted before conciliation and arbitration can begin.
Pulmonary Disease Staff (HB 404/PA 96-0589): Directs Department of Public Health to designate a staff person to handle issues related to Chronic Obstructive Pulmonary Disease.
Recall Notices (HB 964/PA 96-0590): Allows retailers to post product recall or warning notices electronically.
Regulation Compliance (HB 931/PA 96-0544): Brings Illinois into compliance with Federal Motor Carrier Safety regulations.
Reverse Action (HB 379/PA 96-0588): Allows state purchasing officers under the control of Central Management Services and units of local government to utilize the “reverse auction” method of procurement.
Sexual Harassment Law Posting (HB 2573/PA 96-0574): Mandates that every institution of higher education must prominently post its sexual harassment policies.
Sexual Harassment Training (HB 2302/PA 96-0548): Authorizes the Department of Human Rights to charge tuition for the sexual harassment training it provides to non-governmental entities.
Statements of Economic Interest (SB 1592/PA 96-0550): Waives fees for elected officials who are late filing or fail to file statements of economic interest due to catastrophic illness or military duty.
State Parks Land Lease (HB 37/PA 96-0557): Requires Department of Natural Resources and the Historic Preservation Agency to offer qualified local entities, including a unit of local government or public college or university, the opportunity to operate and maintain any closed State Park or closed state historic site.
State’s Attorney Vehicle Registration (HB 4048/PA 96-0580): Provides that a state’s attorney may elect to use the address of his/her place of employment instead of his/her domicile address when registering a motor vehicle under his/her name.
Teachers Retirement System (HB 1148/PA 96-0546): Allows a TRS member to establish optional pension credit for up to two years of service as a teacher or administrator employed by a private school that’s recognized by the Illinois State Board of Education.
Test Wind Towers (HB 883/PA 96-0566): Permits test wind towers to stand for as long as the owner of the tower deems appropriate, or for the time period that a county licenses the wind tower.
Toll Highway Contracts (HB 2435/PA 96-0592): Allows the Toll Highway Authority to contract for construction projects costing less than $30,000 and supply and service contracts less than $10,000 without using the competitive bid system.
Utilities Crossing Railroads (HB 2626/PA 96-0595): Limits fees for utilities to cross railroad right-of-ways to prevent excessive fees from being charged.
Veterinarians (HB 2331/PA 96-0571): Allows people with a degree of Doctor of Veterinary Medicine who have applied for a veterinarian’s license to begin practicing under the supervision of a licensed veterinarian, instead of requiring them to apply for a temporary permit.
Voluntary Testimony (SB 1738/PA 96-0552): Deletes a provision that states that nothing prohibits a deaf or hard of hearing interpreter from voluntarily testifying in an adoption or child abuse case.
Worker Background Check (HB 762/PA 96-0565): Establishes that a person on the Health Care Worker Registry who’s requesting a waiver of the prohibition against employment are required to show all outstanding fines have been paid, except if they are paying fines on a payment schedule.
