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Quick thoughts on a massive bill signing dump

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* Gov. Pat Quinn took action on dozens of bills this past Friday. Here’s just one of them…

Bill No.: HB 3139
An Act Concerning: Transportation
Allows motorists to use an electronic form of proof of insurance and changes online requirements for insurance companies.
Action: Vetoed

I loved that bill because I almost always forget to put my updated insurance card in my car.

So why did he veto it? His explanation

The language in this bill is duplicative of language in Senate Bill 1775, which is still under consideration.

Could it be because HB 3139 was originally sponsored by indicted state Rep. Derrick Smith and SB 1775 is sponsored by Sen. Bill Haine?

* Quinn also signed HB 49…

Makes it a Class 3 felony to sell, purchase, install, transfer, possess, use, or access any automated sales suppression device, zapper, or phantom-ware in Illinois.

Quinn has signed several bills sponsored by Rep. Jack Franks, but I don’t remember a public ceremony for any of them. No mystery there. Franks has often slammed Quinn in public. From Franks’ press release…

Legislation introduced by state Rep. Jack Franks, D-Marengo, cracking down on high-tech sales tax avoidance will be signed into law this afternoon. Franks’ measure takes aim at curtailing the falsification of electronic cash register records to lower a business’ tax liability.

“The notion that billions in sales tax revenue is being lost due to businesses cooking their books is unconscionable,” Franks said. “Even though it was already illegal to cheat on taxes, ‘tax-zappers’ created an easy way for an unscrupulous few to cheat that is very hard to track.”

House Bill 49 bans the possession or sale of computer software, known as a ‘tax-zapper,’ that allows a business to underreport taxable income by doctoring transaction records. By inserting a flash drive into an electronic register, the zapper alters receipts, thereby artificially lowering the business’ tax liability.

Sounds like a good bill.

* Quinn used his amendatory veto powers on this one…

Bill No.: HB 2454
An Act Concerning: Local Government
Restricts content of advisory referenda for township governments.
Action: Amendatory Vetoed

From his veto message

However, this legislation simultaneously silences the voices of the citizens by limiting the topics which may be the subject of advisory referenda. By restricting the public policy issues which may be raised via referenda to those “directly related to the business of the township,” this bill undercuts the democratic process. While the business of the township is no doubt important, other issues are of equal or greater importance to the citizens, such as health care and the minimum wage. Our citizens must be able to weigh in and address those issues as well.

Government belongs to the people. We must do all we can to ensure they have the opportunity to make their voices heard on these important issues.

* This bill had bipartisan support

Bill No.: HB 131
An Act Concerning: Reports of Stun Gun and Taser Use by Law Enforcement Officers.
Requires training for law enforcement officers who use tasers and stun guns.
Action: Signed
Effective: Jan. 1, 2014

* Another victims rights law is on the books…

Bill No.: HB 827
An Act Concerning: Criminal Law
Requires Office of the State’s Attorney to inform the victim’s family members of their right to present an impact statement at sentencing.
Action: Signed
Effective: Jan. 1, 2014

* This didn’t get much press…

Bill No.: HB 1063
An Act Concerning: Criminal Law
Removes statute of limitations for criminal actions against alleged perpetrators where victims of sexual offenses were under the age of 18 at the time of the offense.
Action: Signed
Effective: Jan. 1, 2014

* Interesting concept…

Bill No.: HB 1199
An Act Concerning: Transportation
Prohibits a person or entity from using an electronic tracking device, such as a GPS tracker, to determine the location or movement of another person.
Action: Signed
Effective: Jan. 1, 2014

* Pension reform, anyone?…

Bill No.: HB 1375
An Act Concerning: Public Employee Retirement Benefits
Increases survivor’s annuity to provide parity for surviving children of a deceased firefighter.
Action: Signed
Effective: Immediately

* Right under the media’s RTA radar screen…

Bill No.: HB 1389
An Act Concerning: Local Government
Extends the RTA’s authority to issue bonds to 2016.
Action: Signed
Effective: Immediately

* Probably a good idea, but will there be unexpected consequences?…

Bill No.: HB 1443
An Act Concerning: Criminal Law
Creates the criminal penalty for a school official’s failure to report to law enforcement after knowingly observing hazing.
Action: Signed
Effective: Immediately

* This concept began as a bill to abolish DCEO…

Bill No.: HB 1544
An Act Concerning: State Government
Creates the Illinois Business Development Council and requires the Department of Commerce and Economic Opportunity to develop a strategic economic development plan.
Action: Signed
Effective: Immediately

* Expungement…

Bill No.: HB 1548
An Act Concerning: Criminal Law
Allows persons convicted of Class 3 or Class 4 felonies to apply for expungement with the Prisoner Review Board after they have served a tour of military duty.
Action: Signed

* Hooray!!!…

Bill No.: HB 1573
An Act Concerning: Liquor
Doubles the amount of beer a holder of a craft brewer’s license can produce to 930,000 gallons from 465,000.
Action: Signed
Effective: Immediately

* Some animal activists are gonna be upset…

Bill No.: HB 1652
An Act Concerning: Wildlife
Prohibits the use of a drone to interfere with hunting.
Action: Signed
Effective: Immediately

* This was becoming a problem in some areas…

Bill No.: HB 2520
An Act Concerning: Gaming
Adds poker runs to list of events considered charitable games.
Action: Signed

* This bill makes sure that corporate charter schools pay into the pension fund…

Bill No.: HB 2583
An Act Concerning: Public Employee Benefits
Makes changes and reforms to Chicago Teachers’ Pension Fund.
Action: Signed

From the Pension Impact Note

According to the Chicago Teacher Pension Fund, there have been several instances of charter schools submitting required contributions late or not at all, and the pension fund believes that HB 2583 will provide for better enforcement of required pension contributions. HB 2583 should have a slight positive impact on the pension fund.

* Good idea…

Bill No.: HB 2590
An Act Concerning: Civil Law
Allows employers to seek orders of protection for an employee who has previously been a victim of unlawful violence.
Action: Signed

* I didn’t even know this was a problem…

Bill No.: HB 2640
An Act Concerning: Civil Law
Allows victims of human trafficking who are involuntarily tattooed to apply for assistance from the Crime Victims Compensation Fund for tattoo removal.
Action: Signed

* This could have a major impact…

Bill No.: HB 2695
An Act Concerning: Transportation
Requires that, by Jan. 1, 2016, 25 percent of all state-purchased vehicles be alternative fuel cars and requires the construction of charging stations for these vehicles.
Action: Signed

* Just one more complication for candidates that may have been cleared up…

Bill No.: HB 2716
An Act Concerning: Local Government
Prohibits the nomination of a political party candidate if the township clerk is not properly notified of the caucus time and location.
Action: Signed

* I haven’t seen any coverage of this at all…

Bill No.: HB 2753
An Act Concerning: Energy
Authorizes the Illinois Department of Natural Resources to lease lands on the bed of Lake Michigan for offshore wind energy development and to create and implement a regulatory program.
Action: Signed

* Hmmm…

Bill No.: HB 2787
An Act Concerning: Children
Establishes procedures for the review of unfounded reports to Illinois Department of Children and Family Services and provides new rights to children in review process.
Action: Signed

* Some subscribers will be interested in this one…

Bill No.: HB 2943
An Act Concerning: Government
Closes loopholes in the Lobbyist Registration Act.
Action: Signed
Effective: Jan. 1, 2014

From the synopsis

Requires a registrant whose client is another registrant to disclose the name and address of the ultimate beneficiary of the registrant’s services. Requires a registrant whose client is another registrant to include in expenditure reports the name and address of the ultimate beneficiary of the expenditure.

* This will help with transparency…

Bill No.: HB 2947
An Act Concerning: State Government
Requires certain data to be included in the Governor’s introduced budget.
Action: Signed
Effective: Jan. 1, 2014

The bill is here.

* Taggers beware…

Bill No.: HB 3043
An Act Concerning: Criminal Law
Increases the penalties for criminal defacement of property.
Action: Signed
Effective: Immediately

* Common sense…

Bill No.: HB 3128
An Act Concerning: Civil Law
Allows the termination of parental rights of the father of the child if the mother conceives the child as a result of rape.
Action: Signed
Effective: Jan. 1, 2014

* Butts….

Bill No.: HB 3243
An Act Concerning: Safety
Defines discarded or unused cigarettes as “litter.”
Action: Signed
Effective: Jan. 1, 2014

* Pass on the right…

Bill No.: HB 3367
An Act Concerning: Transportation
Clarifies the law to provide that bicyclists have authority to pass on the right side of a vehicle.
Action: Signed
Effective: Immediately

* Good idea…

Bill No.: SB 2182
An Act Concerning: Local Government
Amends Comptroller’s tax incremental financing reporting to include school districts and to expand municipal reporting requirements.
Action: Signed
Effective: Immediately.

The full list is here.

posted by Rich Miller
Monday, Aug 19, 13 @ 12:46 pm

Comments

  1. My only problems:

    Caregivers of elderly or mentally impaired can’t use GPS to locate them when they wander off? That and children are the only things I could see legitimate uses for.

    And, who will define ‘hazing’ and will it become one of those zero tolerance issues.

    Comment by mythoughtis Monday, Aug 19, 13 @ 12:53 pm

  2. –Bill No.: HB 1063
    An Act Concerning: Criminal Law
    Removes statute of limitations for criminal actions against alleged perpetrators where victims of sexual offenses were under the age of 18 at the time of the offense.
    Action: Signed
    Effective: Jan. 1, 2014–

    Perhaps the lawyerly among us know — does that mean the statute of limitations is lifted on crimes committed in the past or just after 2014? Does ex post facto come into play here?

    Comment by wordslinger Monday, Aug 19, 13 @ 12:55 pm

  3. Not mentioned in the above list but from the PDF list. It will be very interesting to see how this shakes out (e.g., rolling over existing deferred comp plans into a Roth IRA, etc.):

    ——————
    Bill No.: SB 1534
    An Act Concerning: Public Employee Benefits
    Allows State and local government employees in deferred
    compensation plans to participate in a Roth plan.
    Action: Signed
    Effective: Jan. 1, 2014
    ———————

    Comment by Leatherneck Monday, Aug 19, 13 @ 1:00 pm

  4. Don’t think mandating 25% alternate fuel vehicles is in the state’s best interest financially. The State has been experimenting with alt-fuel for over 20 years and the results weren’t that good. Couldn’t even make it from Springfield to Chicago without having to stop for fuel in the E85 cars. And you couldn’t make a Springfield to St. Louis round-trip with needing to refuel. I deliberately avoided checking them out of the motor pool because of their limited range.

    I’m not against alt-fuel vehicles; there is an early one in my garage. But they don’t make financial sense.

    Comment by RNUG Monday, Aug 19, 13 @ 1:01 pm

  5. “Prohibits a person or entity from using an electronic tracking device, such as a GPS tracker, to determine the location or movement of another person.”

    Does this make all those iPhone users that use Find My Friends criminals now?

    Comment by Kevin Highland Monday, Aug 19, 13 @ 1:07 pm

  6. 1. Does the GPS tracking have an exception for parents who track their kids phones?

    2. Really, school officials can’t decide whether a hazing can be disciplined internally or sent to the police. Right, because schools don’t have enough to do and I am sure prosecutors are going to be all over this one. Talk about nanny state.

    Chicago can’t prosecute kids getting gunned down in the street, but give someone a wedgee and you are going down mister!

    Comment by the Patriot Monday, Aug 19, 13 @ 1:11 pm

  7. Leatherneck @ 1:00 pm:

    Suspect that is a technical change so government employees can participate in a Roth 403b as opposed to a traditional tax deferred 403b. Not sure why you would want to unless you had a low income and expected to pay higher taxes later on in retirement.

    I don’t see anyone moving from a traditional 403b to a Roth 403b because there would be a income tax payment due on the transferred amount. I also don’t see anyone moving from a 403b to a 401k because you would lose the ability you have under the 403b to withdraw money at any age once you have left goverment service.

    Comment by RNUG Monday, Aug 19, 13 @ 1:19 pm

  8. Franks has done much more than criticize Quinn. He said we need a Republican governor.

    Comment by Juvenal Monday, Aug 19, 13 @ 1:23 pm

  9. “This concept began as a bill to abolish DCEO”

    Classic. Only in Illinois.

    We get a bill that starts out attempting to abolish the DCEO.

    Instead of abolishing the DCEO, the bill ends up keeping the DCEO and we get a brand new agency/department/council - the Illinois Business Development Council.

    Hilarious.

    Comment by Keep Calm and Carry On Monday, Aug 19, 13 @ 1:24 pm

  10. ==Bill No.: HB 2640
    An Act Concerning: Civil Law
    Allows victims of human trafficking who are involuntarily tattooed to apply for assistance from the Crime Victims Compensation Fund for tattoo removal.
    Action: Signed==

    This is a tremendous help in the recovery process for these victims. Many of the women involved in sex trafficking are forced to get the names of their “owners” (the men who run the trafficking rings) tatooed on their necks. Providing these women with the resources to remove their physical scars goes a long way in helping to remove the emotional ones as well.

    Comment by LN Monday, Aug 19, 13 @ 1:25 pm

  11. ==Perhaps the lawyerly among us know — does that mean the statute of limitations is lifted on crimes committed in the past or just after 2014?==

    The general rule is that, once the statute of limitations has expired, the general assembly cannot pass a law extending the limitations period and “reopen” the case. If the limitations period hasn’t expired, the general assembly should be able to extend it. For a good discussion in a civil case where all the sympathies were against the defendant, but the court kicked the case out, see Sepmeyer v. Holman, 162 Ill.2d 249 (1994).

    Comment by Anon. Monday, Aug 19, 13 @ 1:31 pm

  12. Perhaps the lawyerly among us know — does that mean the statute of limitations is lifted on crimes committed in the past or just after 2014? Does ex post facto come into play here?

    Word~

    SOL bills are prospective only. No old cases are helped here. It should be noted that there is a need for corroborative physical evidence before you can overcome the SOL.

    Comment by Lobo Y Olla Monday, Aug 19, 13 @ 1:38 pm

  13. Juvenal, that story was corrected and retracted. It was a Dillard quote, not a Franks quote.

    Comment by Rich Miller Monday, Aug 19, 13 @ 1:41 pm

  14. Here’s link to a story on Lake Michigan wind farm bill …http://www.news-gazette.com/news/local/2013-05-09/senate-panel-backs-lake-michigan-wind-study.html

    Comment by adolfo phillips Monday, Aug 19, 13 @ 1:42 pm

  15. Don’t think mandating 25% alternate fuel vehicles is in the state’s best interest financially.

    I was thinking “just because a car CAN burn alternative fuel, does that mean that it WILL?” There are a lot of hybrid and E85 compatible vehicles in the state fleet now, not sure this will move the needle much. As the entire fleet of all autos moves toward higher fuel efficiency with carrots, sticks, and possibly consumer demand (LOL), the tide will also lift state vehicles up regardless of this mandate.

    Comment by Six Degrees of Separation Monday, Aug 19, 13 @ 1:51 pm

  16. Lobo, would it extend the statute of limiations for cases that were going to expire in say, 2015, 2016 and beyond?

    Comment by wordslinger Monday, Aug 19, 13 @ 2:29 pm

  17. Re the Township Advisory Vote: Townships have nothing to do with the control of abortions, gun control, puppy mills, civil rights, and on and on and on. Why should an advisory referendum be held at an Annual Town Meeting? And that is what this bill was all about. It becomes a waste of time, extra work, and more expense for (mostly) part-time officials. There are good places for advisory referendums; this isn’t one of them.

    Comment by downstate commissioner Monday, Aug 19, 13 @ 3:11 pm

  18. Re tracking with gps. I also question how far this ban will go-does it cover children, does it cover older adults? If so, it is a bad bill. I am sure that it does NOT cover police investigations.

    Comment by downstate commissioner Monday, Aug 19, 13 @ 3:15 pm

  19. Does it concern anyone else that Quinn reportedly has 400 bills to decide action on in 1 month (August)?

    Couldn’t the gov, you know, sign or veto a few of those in June? or July?

    Instead of leaving them all for the rush of August?

    Comment by Keep Calm and Carry On Monday, Aug 19, 13 @ 3:54 pm

  20. Quinn has been great to veterans, but Governor no thank you. We don’t want felons among our ranks, and we certainly don’t want them there as a way to come clean. If they’re that desperate join the Legion.

    Comment by GV Monday, Aug 19, 13 @ 4:24 pm

  21. - We don’t want felons among our ranks -

    You know, my father joined the Army to avoid what would have been a felony when he was a young punk. It was probably the best thing that ever happened to him.

    I’m not a veteran myself, but I’ll have to respectfully disagree with you on this one.

    Comment by Small Town Liberal Monday, Aug 19, 13 @ 5:21 pm

  22. As a former IDOT maintainer, I can’t wait to see the day when future maintainers will be driving “three ton” dump trucks that are powerful enough to push 8″ of snow under alternative fuel power:

    Bill No.: HB 2695
    An Act Concerning: Transportation
    Requires that, by Jan. 1, 2016, 25 percent of all state-purchased vehicles be alternative fuel cars and requires the construction of charging stations for these vehicles.
    Action: Signed

    My guess would be the management will be driving plug-in Chevrolet Volts once the law kicks in ( for now, it applies only to automobiles). I would be willing to bet we are many years away from having any of the snow fighting portion of the fleet anything but diesel trucks.

    Comment by Roadiepig Monday, Aug 19, 13 @ 8:13 pm

  23. HB 3139 - Vetoed! The governor’s explanation for his veto makes no sense to me, but maybe I am missing something.

    Comment by Mama Tuesday, Aug 20, 13 @ 8:45 am

  24. Lobo, would it extend the statute of limiations for cases that were going to expire in say, 2015, 2016 and beyond?

    Word-

    Any case that is currently pending where the SOL has NOT elapsed can be extended by this act. In other words, Word, if you can be charged today, this bill can apply to you.

    Comment by Lobo Y Olla Tuesday, Aug 20, 13 @ 11:02 am

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