Senate Week in Review: Feb. 22-26
SPRINGFIELD — Senate lawmakers were busy in committee hearings during the week of Feb. 22-26, approving legislation that would target the growing social issue of “sexting,” change Illinois’ legislative scholarship program and push back the state’s February primary election date, according to state Sen. Dale Risinger (R-Peoria).
The Senate Criminal Law Committee tackled the issue of “sexting,” a growing social trend where explicit photos or video are sent via cell phone or e-mail to someone else. The legislation focuses on people younger than 18, as sexting has become increasingly prevalent among young people in recent years.
Currently, there is little that can be done to address sexting aside from pursuing felony child pornography charges — which prosecutors are reluctant to do. Senate Bill 2513 seeks to create a middle ground.
Under the legislation, minors who electronically send indecent images of themselves can be brought into juvenile court for a proceeding to determine if they are in need of supervision. If a young person is found to be in need of supervision, he or she could be ordered into counseling or other supportive services. They may also be ordered to complete community service.
Senate Bill 2513 also makes it a misdemeanor crime for any person, regardless of their age, to possess an explicit visual image transmitted to them by a minor. This controversial provision sparked concern that the creator and sender of the image could be found to have committed a lesser offense, while the person who received the unsolicited image would be guilty of a higher penalty. However, there would be no possession offense if the person receiving the image takes reasonable steps to eliminate the image within a reasonable time.
Questions were raised about whether the issue of sexting is best handled by parents and educators. There are also ways for a minor to get around the legislation simply by having friends take the picture and then having them send it to someone else. Nonetheless, the bill was passed by the Senate Criminal Law Committee and now proceeds to the Senate for consideration.
On Feb. 24, the Senate approved legislation targeting the state’s controversial legislative scholarship program, which has come under fire after media reports revealed that General Assembly scholarships had been awarded to students who are family members of campaign contributors or influential acquaintances.
Senate Bill 365 would allow a legislator to opt out of the legislative scholarship program. The measure also prohibits a legislator from nominating a person for a scholarship if that person or an immediate family member has made a campaign contribution to the lawmaker who would award the scholarship at any time during the last five years. The bill also requires the individual nominated to have already been admitted to a state-supported university.
A number of lawmakers argued that the program should be eliminated completely to avoid future improprieties, though many noted that Senate Bill 365 is a good first step. Opponents of the legislation contend that the scholarships provide much-needed resources for students who might not otherwise have the opportunity to attend college.
Members of the Senate also passed Senate Bill 355 to move the general primary election from February to the third Tuesday of March in even-numbered years.
Currently, Illinois’ primary election is the earlier in the nation. The primary date was moved to February a couple of years ago to benefit Barack Obama during his 2008 presidential bid. Lawmakers voted Feb. 24 to return the primary date to mid-March, saying that reinstating the March primary date will help increase voter turnout and improve the overall process.
Other bills passed by Senate committees during the week of Feb. 22-26 include:
Rainwater collection (SB 2549): Requires the Illinois Department of Public Health to adopt and publish standards for rainwater harvesting collection systems and rainwater harvesting distribution systems by April 1, 2011.
Water systems (SB 3070): Requires the owner or operator of a community water system to submit a response plan to the Illinois Environmental Protection Agency if certain contaminants are detected in water that has been processed by the system.
Overdue fees (SB 2573): Allows the Department of Agriculture to collect 1 percent interest on overdue fines, and increases certain fines relating to the Weights and Measures Act and the Motor Fuel and Petroleum Standards Act.
Veterans (SB 384): Allows veterans who are applying for a free hunting, fishing, or camping permit to prove their service abroad by mailing in applications instead of traveling to DNR offices in Springfield.
Flood control plan (SJR 87): Urges Congress to fund the Army Corps of Engineers flood control plan for the Upper Mississippi River.
Alternative school program (SB 2489): States that a school district must allow a suspended or expelled student to attend an alternative school program if available, for the duration of the suspension or expulsion.
School mandate waiver (SB 2980): Allows a school board to waive some curricular mandates for which it does not receive state funding.
Educational mandates (SB 3000): Creates the Instructional Mandates Task Force to study instructional mandates governing public schools, and make recommendations to the General Assembly on existing and future mandates, and the waivers of said mandates.
School discipline (SR 560): Creates the Task Force on Eliminating Racial Bias in Suspensions and Expulsions to examine the causes of the racial gap in suspension and expulsion rates and submit a report to the General Assembly by April 15, 2010.
Attorney fees (SB 2514): States that an attorney who withdraws from representing a representative must file a petition for fees and costs within 30 days after the withdrawal is approved by the court. An attorney may request an extension of time for filing the petition.
Divorce orders (SB 2570): Provides that a maintenance or child support order can not be suspended or stayed due to the filing of post-judgment motions.
Motorcycle helmets (SB 2535): Requires every operator and passenger younger than 18 on a motorcycle, motor driven cycle or motorized pedal cycle to wear a helmet that meets federal safety standards.
Nursing home (SB 2601): Requires all new nursing home admissions to be verbally screened for risk factors associated with Hepatitis B and C, and HIV.
Pharmaceutical records (SB 3039): Authorizes the disclosure of mental health pharmaceutical records to medical practitioners/primary care physicians.
Premature infants (SB 3273): Provides health care and risk prevention information for the needs of infants.
Pediatric care (SB 2931): Creates the Pediatric Palliative Care Pilot Program under which a qualifying child may receive community based pediatric palliative care from a trained interdisciplinary team while continuing to pursue aggressive curative treatments for a potentially life-limiting illness.
Medical fees (SB 3315): Amends the fee-splitting prohibition in the Medical Practice Act to clarify that physicians may share professional service fees with a non-profit entity.
High-speed rail (SB 2571): Creates the High-Speed Rail Authority to address issues relating to the creation of a high-speed railroad system in Illinois.
Federal Aviation Administration (SR 435): Urges the United States Congress and the President to support the express carrier employee protection amendment to the FAA Reauthorization Act of 2009.
Concealment of death (SB 2590): Creates the offense of concealment of death, similar to concealment of a homicidal death.
Sex offenders (SB 2824): Prohibits a sex offender from being in a public park or loitering within 500 feet of a public park.
Bicyclist safety (SB 2951): Provide that a person commits crowding or threatening a bicyclist when a person drives a car recklessly and unnecessarily close to or near a bicyclist.
Police complaints (SB 2983): Provides that a work-related complaint and sworn affidavit filed against a police officer that is found to contain false information, will be referred to the State’s Attorney for determination of prosecution.
Criminal fines (SB 3028): Raises the fine amount for strict criminal liability on a misdemeanor offense from $500 to $1,000.
Assault (SB 3030): Raises the penalty for assaulting a police officer when a firearm isn’t used in the offense.
Municipal fees (SB 2637): Allows municipalities to charge non-residents fees for emergency services.
Law enforcement (SR 605): Recognizes the Illinois Law Enforcement Alarm System, and its members for creating a successful system of mutual aid to provide assistance when called upon by all law enforcement agencies in Illinois.
Pension systems (SB 2456): Allows the Boards of Trustees for the State Universities Retirement System and Teachers’ Retirement System to transfer to the Illinois State Board of Investment, for management and administration, all investments owned by the system by a three-fifths vote (now majority vote) of its Board membership.
Community college grants (SB 2548): Changes when the Illinois Community College Board certifies, prepares, and submits vouchers to the State Comptroller for base operating grants and equalization grants to community college districts from quarterly to monthly.
Audits (SR 609): Directs the Auditor General to conduct a management audit of the State’s financial reporting system and report his findings within 12 months.
Insurance (SB 2544): Creates the Interstate Insurance Product Regulation Commission to develop uniform standards for insurance products and establish a central clearing house for review of insurance products.
Fund transfers (SB 2819): Stops the transfer of moneys from the Insurance Financial Regulation Fund to the Professions Indirect Cost Fund. In 2009, the Department of Insurance was separated from the overarching Illinois Department of Financial and Professional Regulation and established as a “stand alone” agency.
Property taxes (SB 2950): Protects persons with developmental disabilities from losing their homes due to nonpayment of property taxes.
Intergovernmental agreement (SB 3152): Requires intergovernmental agreements to be included in a municipality’s annual TIF financial report to the State Comptroller and affected taxing districts.
