Springfield… Legislation chief co-sponsored by State Representative Sid Mathias (R, Buffalo Grove) creating the Illinois Holocaust and Genocide Commission of Illinois was signed into law yesterday by Governor Pat Quinn at the Illinois Holocaust Museum and Educational Center.

“I am proud that Illinois has taken this measure to help ensure that future generations of Illinoisans are cognizant of the deplorable occurrences of genocide that continue to happen today,” stated Mathias. “It is our obligation as leaders to peak out and make the world aware when conditions exist that lead to atrocities. It’s an overused saying, but those who forget history are doomed to repeat it, and hopefully this move will help us to not forget.”

The legislation, which is now Public Act 96-1063, specifically provides for the appointment of one legislator from each caucus to be appointed in an advisory capacity to the commission, and Mathias is slated to be the House Republican representative on the panel. The legislation also lays out the duties of the commission over the course if its decades long charter to provide advice concerning the organization’s educational outreach through memorials, events and educational influence.

“As a descendant of a Holocaust survivor, this issue is very near to my heart, and I hope we, as a group, can have a positive impact on our state’s understanding and educational perspective towards the atrocities that still occur to this day around the globe,” added Mathias.”

House Republican Leader Tom Cross who made the Mathias appointment added, “Sid helped spearhead formation of the commission and because of his extensive knowledge on the topic will make an excellent member to the panel.”

All in all, 15 members of the public will be appointed by the governor, including community leaders, experts on the Holocaust or genocide education, genocide victims, or others with a significant interest in the matter. Also included will be three ex officio members including the State Superintendent, the Executive Director of the Board of Higher Education and the Director of Veterans’ Affairs.

“During natural disasters and other emergencies red tape often hinders relief workers ability to offer assistance,” said Mathias. “This legislation is designed to cut though some of that red tape when health practitioners are attempting to enter Illinois from another state to assist in relief efforts.”

Senate Bill 2541, approved by the Illinois House on Wednesday, April 21, creates the Uniform Emergency Volunteer Health Practitioners Act and allows the Illinois Emergency Management Agency (IEMA) to coordinate health or veterinary services and establish a registration system for volunteer health practitioners while an emergency declaration is in effect.

According to Mathias, IEMA is allowed to limit, restrict, or regulate the duration of practice by volunteer health practitioners, where they may practice (geographical area), the types of volunteer health practitioners that may practice, any other matters necessary to coordinate.

Additionally, any disaster relief organization that uses volunteer health practitioners to provide health or veterinary assistance will be required to consult and coordinate its activities with IEMA and comply with any laws relating to the management of emergency health or veterinary services.

“Current law provides for interstate recognition of licenses for health practitioners deployed to disasters by the federal government or by state agencies as part of federally sponsored programs,” said Mathias. “However, no system exists to ensure recognition of the licenses held out-of-state volunteers who are not part of these limited systems.”

“Current law does not contain a provision dealing specifically with home repair intended to assist a disabled person,” said Mathias. “With the current economic crisis we’ve see a rise in home repair frauds and unfortunately there have been unethical contractors taking advantage of individuals with disabilities. This is why we need to extend the same protections offered to senior citizens to include disabled individuals and increase the penalties associated with the crime.”

Specifically, House Bill 3645 increases the penalties for committing home repair fraud to a Class 3 felony for the first offense and a Class 2 felony for a second or subsequent offense, and states that a person commits the offense of aggravated home repair fraud when he or she commits home repair fraud in connection with a home repair project intended to assist a disabled person.

Having already received the approval from the Senate, the bill now heads to the Governor’s desk for final consideration.

Among the bills approved by the General Assembly this week was legislation to reform thirteen of the state’s pension systems. Senate Bill 1946, approved by bipartisan support in the House and Senate, included numerous pension reforms that have been debated for years. Illinois has the worst-funded pension system in the nation, and pension payments threatened to swallow increasingly larger chunks of the state budget without reforms.

The measure, which applies only to new hires, raises the retirement age for state employees, ends “golden pension parachutes” for highly compensated employees, limits annual Cost-of-Living Adjustments and reduces benefits for judges and state lawmakers.

Another piece of legislation approved by the House this week aims to slow down excessive speeders. House Bill 6463, sponsored by Mathias, prohibits the issuance of court supervision to drivers ticketed for speeding 40 or more miles-per-hour above the posted speed limit.

“Recent media reports have shown that a large number of individuals found guilty of excessive speeding were simply given court supervision,” said Mathias. “Hopefully this will act as a deterrent so that drivers slow down to make our roadways safer.”

Mathias was also a sponsor of Brian’s Law, House Bill 5152, which establishes an independent team of experts to monitor State-operated developmental facilities and to examine deaths of person who are residents of the facilities.

“Brian’s Law was drafted following the death of Brian Kent, who died 13 weeks after being admitted to Riley Developmental Center,” said Mathias. “Allegations of neglect and abuse leading to the deaths of persons residing in state-operated facilities deserve to be investigated by an independent panel to ensure that such grievous actions never happen again.”

Finally, legislation aimed at creating jobs in Illinois was approved by the General Assembly this week and heads to the governor’s desk for final approval. Senate Bill 1578 creates the Small Business Job Creation Tax Credit Act which allows small businesses of no more than 50-full time employees to receive a $2,500 tax credit for each full-time employee hired during the state’s Fiscal Year 2011.

“Unemployment continues to grow in Illinois, which is why we need to be promoting pro-business legislation like Senate Bill 1578 to create jobs and put people back to work,” said Mathias.

“Alleged wide-spread violations of State employment laws are among the activities under investigation by federal law enforcement agencies,” said Mathias. “Currently, the only way to obtain information regarding hiring transactions is through Freedom of Information Act requests. By making information regarding all hiring transactions publicly accessible, it will act as a deterrent to circumventing state hiring laws and regulations.”

House Bill 6271 would require the Department of Central Management Services to establish and maintain a free access database, known as the Illinois New Employee Portal. On this website, information about persons entering State employment after the effective date of the bill would be searchable. The following information would be made available to the public:

(1)   Name;

(2)   Employing State agency and division;

(3)   Title or option;

(4)   Employment position number;

(5)   County of employment location;

(6)   Compensation, on both monthly and annual bases;

(7)   Rutan status;

(8)   Status of position as subject to collective bargaining, subject to merit compensation, or exempt under Section 4d of the Personnel Code;

(9)   Employment status as probationary, trainee, intern, certified, or exempt from certification; and,

(10)  Status as a military veteran.

According to Mathias, this legislation is an extension of a law approved last year that created a website known as the Illinois Transparency and Accountability Portal.

“The law we approved last year created a website to provide information concerning state employees and consultants, expenditures and contracts,” said Mathias. “This bill would take things a step further by displaying who the state is hiring, how much the employee will be compensated and any other pertinent information, allowing for greater public scrutiny of state hires.”

“Along with my Republican colleagues, I have long called for a drastic change to the budget process in state government,” said Mathias. “Just because a program was once necessary and effective does not mean that is still the case. This legislation will add sunshine to the budget process and by allowing an independent commission to review all programs under the state’s executive branch, which in the long run could offer major savings to the state.”

Specifically, House Bill 4836 creates a Sunshine Commission, consisting of 4 legislators and 4 public members, to conduct a thorough review of the relevance, efficiency, and effectiveness of each executive branch program. The Commission is required to report its recommendations to the General Assembly within 6 months after the bill becomes law, and further requires the General Assembly, by joint resolution, to approve or reject the report within 60 session days after the report is filed.

According to Mathias, the Commission’s report must include recommendations as to the elimination of obsolete or ineffective programs, the consolidation of duplicative programs and steps to improve a program’s efficiency or effectiveness.

House Bill 4836 will now be sent to the Senate for further consideration.

“Following the removal of Gov. Blagojevich from office, Illinois residents sent a clear message that they were ready for increased transparency in state government and stronger ethics laws,” said Mathias. “The three bills approved by House committees address those very issues, and are part of the immediate solution to get Illinois back on the right track to restore confidence in state government.”

The first bill, House Bill 4727, creates the offense of improper use of public funds and states that a person commits the offense when he or she knowingly misappropriates, misuses, or unlawfully withholds or converts to his or her own use or to the use of another any public grant funds made available through the state.

Additionally, any individual convicted of a felony violation of improper use of public funds will be ineligible to receive any grant or contract from the State of Illinois.

“From what we’ve seen, executive agencies rarely pursue any legal action against recipients of state grants, even in instances where an agency actually has documentation that the recipient has improperly spent the grant funds,” said Mathias. “The purpose of creating this offense is to provide a deterrent for such actions in the future.”

Another bill, House Bill 6263, aims to create the offense of theft of public funds. It states that a person commits the offense when he or she:

• Embezzles, steals, illegally obtains, or without authority sells, or disposes of, anything of value of the State of Illinois or any department or agency of the State, or of any other unit of government; or

• Receives, conceals, or retains the property of the State of Illinois or any department or agency of the State, or of any unit government.

“The offense of theft of public funds does not currently exist in law,” said Mathias. “This bill will help to protect taxpayer funds from corrupt practices, and make Illinois law match federal law in scope regarding corruption offenses.”

House Bill 6271 would require the Department of Central Management Services to establish and maintain a free access database, known as the Illinois New Employee Portal. On this website, information about persons entering State employment after the effective date of the bill would be searchable. The following information would be made available to the public:

(1)   Name;

(2)   Employing State agency and division;

(3)   Title or option;

(4)   Employment position number;

(5)   County of employment location;

(6)   Compensation, on both monthly and annual bases;

(7)   Rutan status;

(8)   Status of position as subject to collective bargaining, subject to merit compensation, or exempt under Section 4d of the Personnel Code;

(9)   Employment status as probationary, trainee, intern, certified, or exempt from certification; and,

(10)  Status as a military veteran.

“Alleged wide-spread violations of State employment laws, including veterans’ preference, Rutan exempt positions and manipulating testing procedures are among the activities under investigation by federal law enforcement agencies,” said Mathias. “Currently, information regarding hiring transactions must be obtained through Freedom of Information Act requests. By making information regarding all hiring transactions publicly accessible, it will act as a deterrent to circumventing state hiring laws and regulations.”

Having been approved by committee, House Bills 4727, 6263 and 6271 will now be considered for a full vote by the House.

“Governor Quinn passed up a fantastic opportunity to show strong leadership and the ability to move our state forward,” said Mathias. “Instead he chose continue to lead us down the wrong path by proposing to tax and borrow our way out of the financial crisis instead of offering spending and budget reforms, and plans to create more jobs. It took years of mismanagement and out-of-control state spending to create the deficit, and it is going to take more than one year to get out of it. We cannot tax our way out of this mess, and it’s irresponsible to suggest doing so.”

Among the key components of Governor Quinn’s budget plan are to borrow $4.7 billion, roll over $6.3 billion in unpaid bills to the following year and $2 billion in cuts. The cuts would include $1.3 billion to education and $270 million in cuts to health care. Additionally, the Governor proposes to reduce the state aid to local governments by 3 percent and short the state pension payment by $267 million.

In all, the Governor’s budget proposal represents $24.7 billion in general revenue fund appropriations.

“It seems the Governor is refusing to recognize that unless we put Illinoisans back to work, tax revenues will continue to fall,” said Mathias. “We must be proactive to create jobs, and just one proposal won’t cut it. Additionally, if increasing property tax rates are not addressed, people will no longer be able to afford to own homes in this state, forcing them to relocate elsewhere. Clearly there is a philosophical difference of opinion on what our priorities ought to be.”

Sincerely,

Sid Mathias
State Representative, 53^rd District

Constitutional Amendments

HJRCA 39 - Limits a person’s total service in the office of Speaker of the House, President of the Senate, Minority Leader of the House, or Minority Leader of the Senate to a total of 10 years in any one office and 14 years combined in 2 or more offices. (Rules Committee)

HJRCA 40 - Requires that all appropriations must be approved by a three-fifths vote of the members elected to each house of the General Assembly. (Rules Committee)

HJRCA 48 – Eliminates the Office of the Comptroller. (Rules Committee)

HJRCA 49 - Requires the State Board of Elections to produce a redistricting plan using a computer program. (Rules Committee)

Crime

HB 5164 – Provides that it is unlawful for a minor less than 17 years of age to knowingly disseminate any material that depicts nudity or other sexual conduct by electronic transfer or capture of images of the person’s self image or image of another minor less than 17 years of age. (Rules Committee) (Bill on sexting)

HB 5720 – Provides that whenever any person has been found guilty of a violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, that individual may have their driving privileges suspended for a period of 6 months for a first offense and a year for a second or subsequent offense within 5 years. (2^nd Reading)

Education

HB 4735 – Allows an income tax credit for teachers equal to the eligible classroom expenses made by the taxpayer during the taxable year, but the credit may not exceed $500. (Rules Committee)

Employment

HB 4730 – States that none of the amount received by an individual as primary social security old age and disability retirement benefits shall constitute disqualifying income for unemployment purposes. (Rules Committee)

HB 5805 – Creates the Illinois Emergency Employment Development Act. Authorizes the Governor to appoint an Illinois Emergency Employment Development Coordinator to administer the Act, and specifies the Coordinator’s other duties and powers. (Executive Committee)

Environment

HB 5810 – Creates the Green Energy Business Act which authorizes the Department of Commerce and Economic Opportunity to receive and approve the applications of qualified businesses seeking designation as Green Energy Businesses to make them eligible for certain tax credits and exemptions. (Revenue & Finance Committee)

HB 6047 – Provides that a conversion cost rebate may be issued for the cost of converting a conventional vehicle or a hybrid vehicle to an alternate fuel vehicle. (Environment & Energy Committee)

Ethics

HB 4727 – Creates the offense of improper use of public funds. States that a person commits this offense when he or she knowingly misappropriates, misuses, or unlawfully withholds or converts to his or her own use or to the use of another any public funds made available through a gubernatorial or legislative member initiative. (Judiciary I – Civil Law Committee)

HB 4731 – States that if a bill is sponsored or co-sponsored by a majority of the members of the chamber in which the bill resides, then that bill measure must be referred to a committee and a vote on that bill must be taken by that committee within 6 session days. (Rules Committee)

HB 4734 – Prohibits a deputy registrar from wearing or displaying items expressing support for or against a candidate or referendum question while registering voters or assisting persons in completing mail-in voter registration applications. (Education & Campaign Reform Committee)

HB 4946 – Extends campaign contribution limits for political party committees to include the general election. (Rules Committee)

HB 5941 – Provides that when a nomination vacancy occurs on or after the general primary but more than 90 days before certification of candidates for the general election ballot, other than because no candidate’s name appeared on the general primary ballot and no write-in candidate was nominated, the vacancy may be filled only at a special primary election on a date set by the State Board of Elections. (Rules Committee)

HB 6263 – Creates the offense of theft of public funds. Establishes penalties based on the value of the property unlawfully obtained. (Judiciary I – Civil Law Committee)

HB 6260 – With respect to vacancies in the office of United States Senator from Illinois, provides that: (i) a vacancy occurring more than 180 days before the next regularly scheduled election to fill that seat shall remain vacant until filled at a special election; and (ii) a vacancy occurring 180 or fewer days before the next regularly scheduled election to fill that seat shall be filled by temporary appointment by the Governor until the conclusion of the vacant term. (Rules Committee)

Government

HB 4945 - Allows governmental units to authorize their treasurer to join with the treasurers of other governmental units for the purpose of jointly investing the funds. (2^nd Reading)

HB 6271 – Requires the Department of Central Management to establish and maintain the Illinois New Employee Portal on its official website. (State Government Administration Committee)

HB 6275 – Allows the clerk of the court to collect a juror fund fee from each plaintiff and defendant, except as otherwise specified, and that the fees shall be deposited into a County Juror Fund. (Rules Committee)

Human Services

HB 4733 – Provides that beginning January 1, 2011, “covered prescription drug” includes any prescription drug used in the treatment of multiple sclerosis that is covered by the Medicare Part D Prescription Drug Plan in which the beneficiary is enrolled. (Revenue & Finance Committee)

HB 5133 – Creates the Uniform Emergency Volunteer Health Practitioners Act which allows for the registration of volunteer health practitioners with a registration system for the provision of health or veterinary services in the State for a host entity while an emergency declaration is in effect. (State Government Administration Committee)

HB 4763 – Creates the Deeds Effective on Death Act.  Provides that a deed that conveys an interest in a property to a designated grantee and expressly conveys that the deed does not  take effect until the death of the owner, will transfer the interest provided to the grantee, effective on the death of the owner. (Rules Committee)

Taxes

HB 4728 – Increases the general homestead exemption to $7,500 beginning in taxable year 2010 (now, the general homestead exemption is $6,000 for taxable years 2009 and thereafter). (Rules Committee)

HB 4729 – Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act to allow, for grant years 2011 and thereafter, “income” means federal taxable income (now, “income” means federal adjusted gross income modified by adding thereto income received from any of a list of sources).  (Rules Committee)

HB 4732 – Provides that the alternative general homestead exemption applies on a permanent basis and increases the amount of the exemption to $60,000 for taxable year 2010 and thereafter. (Revenue & Finance Committee)

HB 4736 – Allows all county boards to, by resolution, exempt a person that has been granted the senior citizen homestead exemption from reapplying for the exemption each year. (Revenue & Finance Committee)

HB 4913 – Provides that, for the purposes of the definition of 33 1/3%, the fair cash value of property is determined by the lesser of the Department of Revenue’s sales ratio studies for the 3 most recent years preceding the assessment year; or the valuation of the property in the year immediately preceding the assessment year. (Revenue & Finance Committee)

HB 5809 – Amends the Illinois Income Tax Act. Extends the carryback and carryover periods for net losses by an additional 5 years. (Revenue & Finance Committee)

HB 5944 – Requires that, in counties with 3,000,000 or more inhabitants, on or before October 1, 2010, the county assessor shall reassess all property in the county for which 2010 is not the general assessment year. (Rules Committee)

“We approved the legislation that created the medical malpractice caps in 2005 to put a stop to doctors fleeing the state to find cheaper medical malpractice insurance premiums,” said Mathias. “Since then, the caps have been extremely effective, helping to revitalize Illinois’ health care system by keeping talented doctors in Illinois.”

In 2005, the General Assembly approved Senate Bill 475 which limited non-economic damages in malpractice cases to $500,000 for physicians and $1 million for hospitals. Just two years later a Cook County judge ruled that these caps interfered with juries’ power to award appropriate damage awards for medical errors, and the issue was sent to the Supreme Court.

According to Mathias, at one point there were no neurosurgeons in the Will County area or in any community south of Springfield because these specialties could not afford to pay their skyrocketing medical malpractice insurance premiums. Additionally, because doctors were fleeing, especially those in high risk specialties such as obstetrics, pregnant women in many areas of the state could not receive proper care.

“At a time when jobs are badly needed throughout the state, this ruling could severely hamper any hopes for a quick recovery,” said Mathias. “This ruling by the Supreme Court will have drastic negative effects on Illinois’ health care system, putting residents at risk. We, as lawmakers, must act quickly to prevent another health care crisis.”