Senate week in review          Send a link to a friend 

For the week of Feb. 27-March 3

[MARCH 6, 2006]  SPRINGFIELD -- Legislative initiatives designed to set stricter, more transparent guidelines on the use of eminent domain and make the state contract process more open and equitable are among the hundreds of measures that were approved last week by the Illinois Senate, according to state Sen. Larry Bomke, R-Springfield.

Receiving strong bipartisan support, Senate Bill 3086 would give property owners more rights when government seizes their property.

Bomke explained that the legislation results from a recent U.S. Supreme Court decision, Kelo v. City of New London, that gave government the ability to use eminent domain to take private property for not only public purposes, but also for the gain of private individuals.

The bill responds to the ruling by establishing clear guidelines on the eminent domain process in Illinois, specifying the options property owners have when government uses condemnation procedures to claim private property. Furthermore, it restricts communities in how they can use eminent domain by requiring local government bodies to prove the property in question is blighted in a court of law.

The senator hopes that this common-sense approach to leveling the legal playing field will restore the balance between government and people subjected to government and make sure that individuals are given the chance to fight for their home fairly in a court of law.

Also passed unanimously in the Senate, Senate Bill 2847 targets questionable contracting practices like those the media have repeatedly attributed to the Blagojevich administration.

The legislation seeks to restrict the administration's ability to negotiate and award emergency contracts without going through a competitive bidding process. The bill limits the awarding of those contracts to emergencies affecting "critical" state services and sets a time limit of six months on those contracts. Furthermore, the legislation enhances public disclosure of contractors and related businesses that do business with the state, their key executives and lobbyists, and encourages timelier posting of contract awards on the Internet. It also forces public posting of conflict-of-interest waivers in a timely fashion.

Additionally, Senate Bill 2847 prohibits spouses and immediate family members of state officials, or employees with control or an interest in state contracts, from accepting employment or receiving compensation from anyone who was awarded a state contract over $25,000. It makes it harder for constitutional officers and legislators to use public service announcements as a way to promote themselves at public expense.

The senator said many of the provisions included in the bill were introduced by Senate Republicans in their "Responsible Public Contracting Act" of 2005, which was crafted to try to establish some hard-and-fast ethics rules and give all businesses a fair chance, based on their products and prices.

The following pieces of legislation were also approved by the Senate last week and now head to the House floor for further consideration:

Agriculture (SB 2333) -- Ends the practice of allowing the Illinois Environmental Protection Agency to accept anonymous complaints about farming operations. Provides that the agency may not accept citizen complaints that are anonymous and unaccompanied by the name and mailing address of the complainant, in order to limit the number of false charges.

Blind vendors (SB 2330) -- Creates the Blind Vendors Act, which provides that blind vendors will be given priority in the operation of all vending machines on state and federal property in Illinois.

Courts (SB 2374) -- Allows the statements of murdered, bribed, kidnapped or intimidated witnesses to be used in court proceedings in the event the individuals are killed or secreted by the person they planned to testify against.

Emergency workers (SB 2778) -- Requires public universities and community colleges to adopt a policy that reasonably accommodates a student who is a volunteer emergency worker with regard to absence from class due to performance of his or her emergency worker duties.

Education (SB 2455) -- Requires the Comprehensive Health Education Program to include course material on the Abandoned Newborn Infant Protection Act. This replaces the current requirement that the material be taught in sex education classes under the School Code.

Ethanol (SB 2236) -- Reduces the state's sales tax incentive on ethanol from its current rate of 80 percent of the state sales tax to a rate of 90 percent of the state sales tax. Increases the requirement that 8 percent of all motor fuel consumed in Illinois be pure ethanol to 10 percent by 2008 and establishes that it is a state goal for 15 percent of all motor fuel consumed in Illinois to be pure ethanol.

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Fire protection (SB 2302) -- Creates the Cigarette Fire Safety Standard Act to require sale of self-extinguishing cigarettes and establish standards and requirements for testing, packaging, performance and certification of cigarettes sold in Illinois.

Fuel standards (SB 2716) -- Provides that the quality of gasoline-oxygenate blends sold or offered for sale in the state shall meet the standards determined by the Uniform Engine Fuels, Petroleum Products and Automotive Lubricants Regulation, as specified under the National Institute of Standards and Technology Handbook 130.

Good Samaritans (SB 2303) -- Provides that any person who is certified in first aid or has completed a course of instruction in first aid, who in good faith provides emergency care without fee to any person, shall not, as a result of his or her acts or omissions, except willful and wanton misconduct on the part of the person in providing the care, be liable for civil damages to a person to whom such care is provided.

Homestead exemption (SB 2691) -- Extends assessment cap until 2010 in Cook County and until the 2008 assessment year in all other counties. The annual limit of the exemption increases from $20,000 to $60,000. Creates the returning veterans' homestead exemption, which allows a one-time $5,000 reduction in equalized assessed valuation for the residence only.

Identity theft (SB 2456) -- Requires the Department of Financial and Professional Regulation to create and provide a brochure on identity theft to individuals 61 years and older upon their application to renew their driver's license or their Illinois identification card at a driver services facility.

Income tax (SB 2137) -- Allows a tax credit for individual taxpayers in an amount equal to 25 percent of the premium costs paid by the taxpayer during the taxable year for each qualified long-term care insurance contract purchased on or after Jan. 1 that offers coverage to either the taxpayer or to the taxpayer's spouse, parent or dependent.

License plates (SB 2130) -- Authorizes the secretary of state to issue a new "Support Our Troops" license plate as a means of raising money for a charitable assistance fund for troops and their families.

Methamphetamine (SB 2391) -- Creates the offense of methamphetamine trafficking, which makes it illegal to bring in any precursor of methamphetamine, anhydrous ammonia or methamphetamine for the purpose of manufacturing or distributing methamphetamine. The measure further enhances the penalty for trafficking in Illinois.

Police (SB 2971) -- Increases the penalty for impersonating a law enforcement officer from a Class 3 felony to a Class 2 felony and makes it a Class 1 felony for an individual to attempt a forcible felony -- that is, an act of violence against another person -- while impersonating a law enforcement officer. It would also allow courts to impose consecutive sentences for crimes individuals commit while in the act of impersonating a police officer.

Sex offenders (SB 3016) -- Strengthens Illinois' Sex Offender Registration Act by allowing the state police to include several additional identifying characteristics of sex offenders to the existing online database; makes the online system searchable in closer proximity to a home or school.

Smoking (SB 2465) -- Prohibits smoking in any portion of the living quarters of a student dormitory, including but not limited to sleeping rooms, dining areas, restrooms, laundry areas, lobbies and hallways of a building used in whole or in part as a student dormitory in a public or private institution of higher education; exempts commercial areas within the building.

Smoking (SB 2400) -- Allows non-home-rule counties and municipalities to regulate smoking in public places in a manner no less restrictive than regulation under the Illinois Clean Indoor Air Act.

State facility staffing (SB 2674) -- States that it is the General Assembly's intent to monitor staffing levels in all executive branch agencies under the authority of the governor and develop a system to ensure the effective delivery of vital state services. The act further establishes minimum staffing standards in prisons operated by the state, as well as facilities operated by the Department of Human Services, including Family and Community Resource Centers.

[News release from Illinois Senate Republicans]

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