Sen. Bomke's 'Week in Review'

[May 31, 2008]  SPRINGFIELD -- Increasing penalties for criminals who disarm police officers and protecting victims with disabilities during court proceedings were among dozens of bills approved by the Senate during the week of May 26-30, according to state Sen. Larry Bomke, R-Springfield.

Hoping to meet a scheduled Saturday adjournment deadline, negotiations continued during the week on a state budget and capital improvement plan for fiscal 2009, which starts July 1. On Thursday, the Senate's Democratic leadership forced through a bill that authorizes a $16 billion pension borrowing scheme that pushes the bulk of the debt off on taxpayers 30 years down the road. Approved by a strictly partisan vote of 37-21, Senate Bill 788 also changes the pension funding formula to allow the governor to skip a $500 million pension payment in fiscal 2009 and use the diverted pension payment for other programs.

Three years ago, Democrats in the Legislature approved a similar pension raid with pledges that they were "fixing" the pension funding system. As with the 2005 pension raid, no Republican senators voted for the bonding scheme this year. Senate Bill 788 faces an uncertain future in the House.

Also on a partisan vote, on Thursday, Senate Democrats for the second time this year, voted to raid more than $500 million from funds dedicated for specific purposes and use them to pay the state's day-to-day bills. Senate Bill 790 gives the governor broad authority to transfer up to $530 million from dedicated funds to the General Revenue Fund.

In the meantime, legislators from both parties called on Senate President Emil Jones, D-Chicago, to allow a vote on a resolution needed to block an automatic pay raise for elected officials. The resolution was adopted May 7 by the House of Representatives and must also be adopted by the Senate or the pay raises will automatically take effect. Jones has told reporters he wants the pay raise and has blocked a vote on the resolution rejecting the pay hikes.

Criminals convicted of disarming a peace officer during a struggle will face tougher penalties under legislation passed Tuesday by a unanimous vote of the Senate. House Bill 5653 increases the penalty for disarming a peace officer or correctional employee from a Class 2 felony to a Class 1 felony, punishable by four to 15 years in prison.

Approved by the House on April 9, House Bill 5653 now returns to the House for concurrence with changes made to it in the Senate. The legislation is supported by the Illinois Association of Chiefs of Police, Illinois State Police, Illinois Office of the State's Attorneys Appellate Prosecutor, Cook County State's Attorney's Office, Cook County Sheriff's Office and the city of Chicago.

The Senate also passed legislation to better protect crime victims with developmental disabilities who are testifying in court. The victim would be allowed to testify via closed-circuit television if the court determines that making the victim testify in person would cause serious emotional distress that could interfere with their ability to communicate, or would cause severe adverse effects. House Bill 5603 would allow the defense counsel to cross-examine the victim, but the defendant would not be allowed in the room where the victim is testifying. The defendant would be allowed to communicate with their counsel.

Passed by the House on April 15, House Bill 5603 now moves to the governor's office for further consideration.

Legislation approved by the Senate during the week of May 26-30:

Day camp wages (House Bill 4583) -- States that a camp counselor employed at a day camp is not subject to minimum wage requirements if paid a stipend on a one-time or periodic basis.

Insurance coverage -- (House Bill 4602) Requires insurance companies to pay for a vaccine for shingles for patients 60 and older. (House Bill 5595) Requires insurance coverage for "habilitative services" -- occupational, physical, speech therapy and services prescribed by the treating physician -- as part of a treatment plan for children younger than 19 with a congenital, genetic or early acquired disorder. (House Bill 4255) Requires coverage for medically necessary preventive physical therapy for insureds diagnosed with multiple sclerosis.

Fire protection districts (House Bill 4675) -- Increases the fees that fire protection districts may charge to people, businesses and other entities that are not residents of the district.

Fake safety devices (House Bill 4683) -- Prohibits the manufacture, installation or sale of fake life safety or fire protection devices that actually house covert video cameras. Exempt are law enforcement officers using such devices in a criminal investigation.

Railroad crossings (House Bill 4754) -- Increases the penalty for a motor vehicle driver who obstructs a railroad grade crossing.

Breast cancer screening (House Bill 5192) -- Increases Medicaid reimbursement rates for breast cancer screening and diagnostics. Requires insurance coverage for pain medication and therapies for the treatment of breast cancer.

Grandparent caregivers (House Bill 4212) -- Requires the Illinois Department of Children and Family Service to develop a program of information and services for caregivers, particularly older caregivers, of children previously in DCFS.

Nursing scholarship (House Bill 5059) -- Creates a new Illinois Department of Public Health scholarship for nurse educators, beginning with the 2008-2009 academic year.

Food allergies (House Bill 5338) -- Requires the Illinois State Board of Education and the Illinois Department of Public Health to develop and make available by Jan. 1, 2009, a set of guidelines for the management of students with life-threatening food allergies. Schools must implement a policy by Jan. 1, 2010.

Legislation approved by both chambers of the General Assembly and now headed to the governor's desk for further consideration:

Medical services (House Bill 4869) -- Provides immunity from civil liability for physicians who provide free medical services through a free medical clinic, if the patient is notified in writing about the civil liability exemption.

Local government meetings (House Bill 4588) -- Allows local government electoral boards to meet at the location where the governing body of the municipality, township, or school or community college district, respectively, holds its regularly scheduled meetings.

Unlawful sale of firearms (House Bill 4628) -- Requires that a person 18 or older convicted of the unlawful sale or transfer of a firearm to a minor is sentenced differently if the firearm was used in the commission or attempted commission of a forcible felony.

Roadside markers (House Bill 4736) -- Provides that an application for a DUI memorial marker along a roadway may be submitted by a qualified relative with regard to any crash that occurred on or after Jan. 1, 1990 (now Jan. 1, 2003).

Veterinary care (House Bill 5076) -- States that a veterinarian who in good faith provides free emergency care or treatment to an injured animal is not liable for civil damages, except in cases involving willful or wanton misconduct.

Teachers pensions (House Bill 5120) -- Allows survivor's benefits to be paid to adult children with disabilities who are dependent survivors of teachers in the downstate and suburban Teachers Retirement System.

Chicago housing (House Bill 5238) -- Allows the Chicago Housing Authority to partner with established developers in order to create more affordable housing in the Chicago area.

Salvage vehicles (House Bill 5204) -- Makes it easier for out-of-state salvage vehicle buyers to purchase salvage vehicles in Illinois.

"Straw" purchases (House Bill 5524) -- Increases the penalties for people convicted of purchasing a firearm for another person who is prohibited by state or federal law from possessing a firearm. Also increases penalties for people convicted of providing false information on required firearm transaction forms.

Military tuition (House Bill 5905) -- Allows public universities to allow in-state tuition rates, beginning with the 2009-2010 school year, for individuals on active military duty, or their dependents, who are stationed out of state but were residents of Illinois for at least three years prior.

Election ballots (Senate Bill 439) -- Allows municipalities to prepare a special ballot for military members and civilians who will be out of the country for both the consolidated election primary and general elections.

Veterans' insurance (Senate Bill 782) -- Reinstates the Veterans' Health Insurance Program, which expired Jan. 1, 2008, by creating the Veterans' Health Insurance Program Act of 2008, with a sunset date of Jan. 1, 2012.

Accident reports (Senate Bill 2391) -- Authorizes the Illinois Department of Transportation to furnish copies of its written accident reports to local agencies that are engaged in highway safety research and studies.

Prior evidence (Senate Bill 2509) -- Allows prior commission of child pornography or murder to come into evidence when a person is being tried or retried on certain sexually related offenses.

Job skills study (Senate Bill 2632) -- Requires the Department of Commerce and Economic Opportunity to conduct a study to identify and address current and projected shortages in critical occupations and specific skill sets within Illinois businesses and industries.

Death penalty reform (Senate Bill 2657) -- Extends the final report date for the Capital Punishment Reform Study Committee from Nov. 19, 2008, to Dec. 31, 2009. The committee was created five years ago to look at the effect of legislative reforms on death penalty cases.

ID database (Senate Bill 993) -- Requires the secretary of state to establish a database of the emergency contacts of people who hold identification cards or driver's licenses.

Bail conditions (Senate Bill 1881) -- Allows a court to deny bail on the offense of making a terrorist threat or an attempt to make a terrorist threat.

Sex offenses (Senate Bill 1887) -- Allows prosecution of a sex offense to be commenced at any time, if the defendant's DNA profile was obtained and entered into a DNA database within 10 years after commission of the crime.

Insurance coverage (House Bill 953) -- Requires insurance coverage of treatment for mental, emotional, or nervous disorders or conditions by a licensed marriage and family therapist when the insurance covers mental, emotional, or nervous disorders or conditions.

[Text from file sent on behalf of Sen. Larry Bomke by Illinois Senate Republican staff]