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Senate Week in Review: March 1 – 5, 2010

Capital05 Springfield . . . Legislative committees met continuously during the week as Senate lawmakers attempted to move all Senate bills out of committee and to the Senate floor by the scheduled March 5 deadline, said State Senator Kyle McCarter (R-Lebanon).

“Unfortunately, not all of the common sense legislation got out of the committees like you would expect,” said McCarter.  “A bill I sponsored to provide justice for land owners whose property is along the proposed “Gateway Connector” got caught up in partisan politics.”

The Senate Executive Committee voted along party lines with Republican members voting in favor of the measure and Democrats voting ‘no’ or ‘present.’

Senate Bill 3671 would force the Illinois Department of Transportation (IDOT) to hold a public hearing to explain why it should maintain a monetary hold on the property.

Illinois road map “I don’t think a person’s largest and most valuable possession should be arbitrarily seized by the government, which is essentially what IDOT is doing by declaring the area a protected corridor,” said McCarter.  “This literally prevents these land owners from doing little with their homes or land but selling their property and because they can’t improve it or develop it, property values can be harmed.”

“Essentially, this is like a bank putting a hold on a customer’s account saying you can’t withdraw any money and we aren’t going to pay you interest, said McCarter.  “It’s simply not morally correct and it’s disappointing the citizens who live along the corridor were ignored.”

The Democrat-controlled committee also sent another of McCarter’s legislative proposals to a subcommittee for study, which often times is a polite and political way of killing the legislation.

Senate Bill 3280 would have turned over control of the Teachers’ Retirement System (TRS) back to the teachers. 

teacher “The make up of this board was changed at the behest of then-Governor Rod Blagojevich,” said McCarter.  “So, right now, there are more of the ex-governor’s appointees on the TRS Board than teachers.  That’s simply unacceptable.  Illinois teachers should rightly have the majority control of their retirement system.  It should never have been changed.”

McCarter said he has written a letter to Senate President John Cullerton asking for an extension of the deadline for passage so the TRS measure can still be considered by the full Senate before the session ends.

Meanwhile, the full Senate met briefly this week but long enough to approve two additional borrowing measures.  Senate Bill 1425 allows the Governor to short-term borrow $250 million for Medicaid but without the Comptroller’s or Treasurer’s approval. The plan was ultimately approved by both the Senate and the House, though Republican lawmakers strongly opposed the measure, pointing to the $11 billion that the state has borrowed since 2003—with interest costs topping $100 million.

moneystate “I opposed the borrowing measure because it contained no plan for how the money will be paid back,” said McCarter.  “This is exactly why Illinois government’s fiscal house is in such crisis.  There are legislators in charge who refuse to have government live within its means, like our families, our businesses and our churches must do during this difficult recession.  This borrowing plan also bypasses the checks and balances of our government by allowing the Governor to exclude the state’s Comptroller and Treasurer from their constitutional role in these matters.”

In another financial matter, lawmakers did approve authority for the state’s public universities, including the University of Illinois; to short-term borrow up to 75 percent of the money owed to them by the state.  Senate Bill 642 was reluctantly approved by a majority of lawmakers, including McCarter.

“While I am concerned about another borrowing measure, our public universities are in a financial bind because of the actions of state government,” said McCarter.  “These institutions are already owed millions of dollars and this limited action will give them the flexibility to cope with the state’s inability to pay colleges in a timely manner.”

In other action this week, committee approval was given to a wide range of legislative proposals including the following:

70 mph Speed Limit (Senate Bill 3668): Allows for the posting of 70 mph for both cars and big rigs on rural interstates, meaning outside of heavily populated areas, like Chicago or the collar counties and other urban areas.

Agricultural Loans (SB 3719): Authorizes the Illinois Finance Authority to issue state guarantees to lenders for loans to finance needed input costs to farmers and Illinois agribusiness.

Bicycle Helmet (SB 2627): Requires bicycle operators and passengers younger than 16 to wear approved protective helmets, and requires passengers who weigh less than 40 pounds and who are less than 40 inches tall to be seated in a separate restraining seat.

Bilingual Instruction (SB 3635): Provides that at least 60 percent of bilingual funding must be used for instructional costs.

Budget Impact Note (SB 3086): Requires the Illinois State Board of Education to prepare a fiscal impact note to be presented to lawmakers explaining the cost-estimate of new programs and services provided by ISBE.

College Tuition (SB 3222): Changes the limitation on tuition increases at each of the public universities from four years to five  years so in-state undergraduate students will be charged for tuition not to exceed the amount that the student was charged at the time he/she first enrolled at the university.

Corrections Impact Note (SB 3087): Mandates filing of a Corrections Impact Note on a bill affecting adult or juvenile prisons, and requires a bill sponsor to respond to estimated costs in the Corrections Impact Note with a written statement on how to fund the bill.

Diabetic Students (SB 3822): Allows parent of diabetic students to submit a diabetic care plan to schools that covers the care and treatment of his or her child, and which would require the school to provide a delegated diabetes care aide to provide diabetes care.

Driver’s License (SB 3795): Invalidates the driver’s license or instruction permit of a minor younger than 18 between the hours of 10:30 PM (currently 11 PM) to 6:00 AM on Friday and Saturday.

Early Release Inmate Identification (Senate Bill 3411): Requires the Department of Corrections to post on the Internet the name and photograph of any inmate who is released earlier than was defined in their initial sentence. The information 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.

Felonious Teachers (SB 3375): Requires school districts to dismiss teachers found to have been convicted of certain felonies including, first degree murder, attempted first degree murder, conspiracy to commit first degree murder, attempted conspiracy to commit first degree murder, or a Class X felony.

FOID Card (SB 1840): Lowers the age from younger than 21 to younger than 18 in the parental consent requirement for applying for a Firearm Owners Identification (FOID) Card.

Home Repair Fraud (SB 3645): Increases the penalty on home repair fraud committed on a project intended to assist a disabled person.

Nuclear Ban Repeal (SB 3388): Lifts the ban on the construction of new nuclear power plants in Illinois.

Riverboat Taxes (SB 3574): Eliminates the admission tax imposed upon admissions to riverboats in operation on Jan. 1, 2009, excluding the new Des Plaines 10th license, which have capital projects of at least $40 million that are approved by the Gaming Board in calendar years 2006 through 2009, or for which at least $40 million in expenditures have been made in calendar years 2006 through 2009.

Sex Offender Location (SB 3176): Requires a sex offender or sexual predator to register with appropriate law enforcement if the offender is temporarily staying in the jurisdiction for five or more days, and requires the sex offender to notify the law enforcement agency that has jurisdiction over his or her current registration, including an itinerary for travel.

Sex Offender Release (SB 2462): Requires a sex offender registering after release from prison, to provide the law enforcement agency where he or she is registering with a copy of the terms and conditions of his or her release from prison. 

Veteran Business Loan (SB 3817): Allows the Department of Commerce and Economic Opportunity to make loans to veteran-owned businesses that meet certain criteria.

Veteran Compensation (SB 3128): States that recipients of the Afghanistan Campaign Medal and the Iraq Campaign Medal will be added to the list of veterans entitled to receive compensation in the amount of $100 for their service.

Veteran Tax Credit (SB 3816): Provides an income tax credit for modifications made to the primary residence of a disabled veteran.

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