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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.

Senate Week in Review: February 22 - 26, 2010

Springfield . . . Senate lawmakers were busy in committee hearings all week, approving legislation that State Senator Kyle McCarter (R-Lebanon) said would target the growing social issue of “sexting,” and advancing measures to the House of Representatives that would change Illinois’ legislative scholarship program and push back the state’s February primary election date.

cellphone 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 bill is aimed at people younger than 18, as sexting has become increasingly prevalent among young people in recent years. 

Currently, there is little that could 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, a minor who electronically sends an indecent image of themselves can be brought into juvenile court for a proceeding to determine if they are a minor in need of supervision.  If the 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 a topic best handled by the parents and educators.  Nonetheless, the bill was approved by the Senate Criminal Law Committee on a vote of 8 to 0 and it now moves to the full Senate for consideration. 

college_money On Feb. 24, the full Senate did approve legislation targeting the state’s controversial legislative scholarship program. The program came under fire after media reports revealed that General Assembly scholarships had been awarded to students who are family 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 the program should be eliminated completely to avoid future improprieties, though many noted that Senate Bill 365 is an adequate first step. Opponents of the legislation contend that the scholarships provide a much-needed opportunity for students who would not otherwise have the opportunity to attend college.  Senate Bill 365 now moves to the House.

ballotbox1 The Senate also passed Senate Bill 355, a bill that will move the general primary election from February to the third Tuesday of March in evened numbered years. 

Currently Illinois boasts the nation’s earliest primary. 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.  Senate Bill 355 was sent to the House for consideration.

Senator McCarter also met with local groups during the week.  

bgca_posplace_logo Members of the Boys and Girls Club of Decatur visited on Wednesday, Feb. 24.  The Senator met with mentors Pat West and Robert Crawford and Club members Matthew Joyner and Latrise Williams.   McCarter said the organization is doing wonderful work in Decatur through programs like Teen Reach and Sisters.

Mayors from a number of Metro East communities visited the Capitol on Thursday, Feb. 25 to meet with legislators, including Senator McCarter, about the pending STAR bonds legislation.  McCarter says he was excited to see the mayors take an active role in making sure the General Assembly got the message that STAR bonds will have a negative impact on a large number of communities in the Metro East area, including those cities and towns he represents. 

Other legislation passed by Senate committees during the week include:
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 Department of Natural Resources 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.

Educational mandates (SB 3000): Creates the Instructional Mandates Task Force to study instructional mandates governing public schools, and will make recommendations to the General Assembly on existing and future mandates.

Sex offenders (SB 2824): Prohibits a sex offender from being in a public park or loitering within 500 feet of a public park.

Property taxes (SB 2950): Protects persons with developmental disabilities from losing their homes due to nonpayment of property taxes.

Intergovernmental agreement (SB 3152): Requires information about intergovernmental agreements be included in a municipality’s annual TIF financial report to the State Comptroller and affected taxing districts.

Voters Could Decide Lawsuit Reforms to Protect Access to Medical Care

sealcolor_copy Springfield . . . State Senator Kyle McCarter has signed on as a cosponsor to a state constitutional amendment that would undo a recent court ruling striking down Illinois’ medical malpractice lawsuit reforms.

“The proposal would put in place voter-approved constitutional limitations on the liability for non-economic damages in lawsuits, said McCarter (R-Lebanon).  “The Supreme Court ruling earlier this month striking down the bipartisan law passed in 2005 puts us in a terrible situation where we could start to lose our doctors again.”

In 2003 and 2004, dozens of doctors left Illinois because of skyrocketing medical malpractice insurance rates.  The situation triggered a grassroots movement across the state by patients demanding legislative action.  It took more than a year before reforms could be passed and signed into law and Senator McCarter believes that same kind of effort will be needed again.

j0182802[1] “The people are going to have to stand up and tell their elected representatives that this issue has to be resolved now because losing their doctors is a serious matter and that could become a reality again,” said McCarter.  “They’ll have to put on those green “Save Our Doctors” arm bands again and speak up because their safety and health is in jeopardy.”

McCarter says the reform law which took effect in 2005 made a difference as many doctors stayed in Illinois but he’s concerned about a new doctor exodus.

j0182650[1] “Medical malpractice insurance rates were running our doctors out of the state,” said McCarter.  “It used to be that if you had a head injury and lived in St. Clair County you might as well start looking for a helicopter ride to St. Louis because there was no one in the county that could take care of you; not one neurosurgeon.  It was a crisis then and it could become a crisis again so Senator Dave Luechtefeld and myself, and a number of other senators, are taking the steps necessary to protect the citizens.”

Senate Joint Resolution Constitutional Amendment 103 would have to be adopted by both the Senate and House before May in order for it to meet certain election requirements to be placed on the ballot this November.  The proposal was introduced Feb. 18.

Senate Week in Review: February 15 – 19, 2010

Springfield . . . Reforming the way political boundaries are drawn by removing undue political influence, a controversial move to allow state government to borrow more money and an eye-opening report on state pension liabilities top this week’s activity at the State Capitol, according to State Senator Kyle McCarter.

Capital05 Two proposed Constitutional Amendments were filed Feb. 18 that Senator McCarter said would amend the Illinois Constitution with reforms that would take the power of drawing legislative maps out of the hands of political insiders and give control over to an independent commission.

Senate Joint Resolution Constitutional Amendment 104 and House Joint Resolution Constitutional Amendment 56 take an initiative sponsored by the Illinois League of Women Voters and other government reform groups and put it into legislation for General Assembly passage.

“The current redistricting process allows legislative leaders to draw district boundaries behind closed doors,” said McCarter.  “As proposed, the constitutional amendment would require public hearings, ensure a public display of proposed legislative district maps and allow the public to submit proposed maps.  Since 2001, incumbents have had a 98 percent reelection rate but I believe passage of the amendment will encourage competition and promote diversity.”

According to state law, in order for the Joint Resolution Constitutional Amendment to appear on the ballot in November the General Assembly must pass it with a 3/5th majority by May 2, 2010 (six months before the election).

Also this week, the Senate Executive Committee approved legislation Feb. 17 that would authorize two types of short-term borrowing, despite Republican concerns the state continues to defer making tough decisions on how to fix its fiscal problems.  Senate Bill 416 would allow most public universities, except the University of Illinois Urbana-Champaign and Northeastern, to short-term borrow up to 75 percent of the money owed to them by the state.  The universities would then repay the borrowing when they receive the money they are owed by the state.

ILfiscal Republicans primarily objected to a second borrowing component contained in the bill that would allow Gov. Quinn to short-term borrow $250 million for Medicaid expenses without approval from the Comptroller and Treasurer.  Currently the governor must receive authorization from the Comptroller and Treasure to commence short-term borrowing.

“There are no provisions in the bill outlining how the governor would pay back the money.  Again, this just kicks the can down the road one more time, putting off the tough decisions needed to address our fiscal crisis,” said McCarter.

McCarter and his Senate Republican colleagues also questioned why—if the governor has such a good financing plan—there is a need to bypass the Comptroller and the Treasurer and borrow more money without their approval.

Since 2003, Illinois Democrats who control the General Assembly with majorities in the Senate and House, have short-term borrowed $11 billion, with interest topping $100 million.  McCarter said instead of pushing off the state’s problems and paying so much in interest costs, Illinois should confront its budget woes head-on.

budget “Unfortunately, we still have nearly three weeks to wait before we hear from the Governor about how he intends to address our budget problems,” said McCarter.  I thought it was wrong for the Governor to delay his budget address because he is the one that is supposed to be leading us.  But apparently he is short on answers, which explains his request for the public's ideas.  So, in order to help him out if you send me your budget suggestions, I will forward them to the Governor.”

Senator McCarter can be reached by sending emails to: mccarter51@att.net or senatormccarter51@att.net.

Meanwhile, having been approved by the Senate Executive Committee, Senate Bill 416 now progresses to the full Senate for consideration.  Because the measure authorizes a general obligation bond, the bill requires 3/5ths approval of the Senate before it can move to the House for further debate.

pew_logo In other financial-related news, Illinois’ woefully underfunded pension systems were highlighted in a report released by the respected research group, The Pew Center on the States, which found that Illinois ranks dead last when it comes to funding the state’s pension systems.

According to the report, Illinois’ unfunded liability surpasses $54 billion.  The Pew Center noted that only slightly more than half of state’s pension liability is funded, which is far below the 80 percent funding level recommended by experts.

It was also noted that Illinois has consistently deferred making its required payments into the systems, “paying less than 60 percent of the required amount in each year since 2005.”

The Pew Center’s study only researched pension funds through fiscal year 2008 and does not account for the recent stock market crash—and the serious impact that had on the value of state pension investments.

Bills approved by Senate Committees this week include:

Business District Development (SB 2523):  Amends the Business District Development and Redevelopment Act to allow a municipality to create an advisory board of directors.

Floodplains (SB 2556):  Exempts lands protected from flooding within a Flood Prevention District from regulation under DNR’s permit programs, defines the term “100-year floodplain,” and deems an area not within the 100-year floodplain if it lies within an area protected by a levee or levees in a Flood Prevention District.

Unfounded Reports (SB 2622):  Extends the amount of time unfounded reports must be kept on file by DCFS and accessed by the Child Protective Services Unit.

Veterans’ Taxes (SB 2350):  Allows returning veterans to claim a $5,000 exemption in the tax year following the year in which they return if the primary residence is first acquired when they return.

McCarter Family Carries On Valentine’s Tradition

Illinois State Senator Kyle McCarter and his wife Victoria have taken on the role of ‘mom and dad’ to our St. Louis Mercy residents. Not only have they spent a lot of time encouraging the girls, but they have also been faithful advocates and supporters of Mercy Ministries.

The McCarter’s two sons were involved in FCA in high school, and Victoria is a huddle leader for their local chapter. Both boys have since graduated and gone on to college but Victoria and her sons have chosen to carry on the FCA tradition they began in 2007 by preparing and serving a Valentine’s Day dinner for the Mercy St. Louis home. In fact, Austin McCarter, who loves to cook, began this tradition because he enjoys being able to do something special for the residents on this particular holiday.

Our girls were truly treated like royalty! The McCarters, along with other FCA student volunteers, prepared each table with a personalized menu with red or pink ribbons. They also placed roses with notes of encouragement at each setting. They prepared a gourmet meal and served it dressed in black pants and white shirts. The meal was topped off with a chocolate fountain!

One FCA student athlete, Ben Benton, had this to say about his opportunity to serve:

“Even as a multi-sport athlete, I have never seen so much strength as I see in these Mercy girls. They have overcome many difficulties and have grown to love God and have tremendous faith in Him!”

Here is what a few of the residents said about the Valentine’s dinner:

Teresa said, “It was awesome that the students wanted to come serve us! The dinner, decorations and entire night was so special - it was a great example of God’s love. I’m glad we had such a special Valentine’s Day treat!”

Christina said, “This event was a tremendous blessing and so memorable. The McCarter family has impacted my life in so many ways. I had a blast and felt amazingly special.”

Mercy Ministries would like to thank FCA and the McCarter family for pouring into the lives of our residents. We are so grateful for your faithful friendship and support.

View the full article and photo slideshow at:

http://www.mercyministriesnews.com/2010/02/fellowship-of-christian-athletes-hosts.html

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