 Legislation that would impact how primary elections are conducted in Illinois was acted on this week, as well as measures Senator Dale Risinger says target home repair fraud and corruption.
On July 13, Governor Pat Quinn amendatorily vetoed House Bill 4842, altering the legislation to create an open primary system in Illinois. In its original format the legislation required the State Board of Elections to publish an electronic voter’s guide that would be posted online prior to the state’s general primary election. While the Governor’s changes retain the original language, it also eliminates the state’s current requirement mandating voters publicly declare their party affiliation when voting in the primary election.
Even lawmakers who support an open primary system were critical of the Governor’s use of his executive authority to alter a fairly innocuous bill to advance more controversial legislation. They noted that although Republican senators filed virtually identical legislation just days after Governor Quinn became Governor in 2009, he made no effort to win Democrat support for the measure in the past year and a half. Because Governor Quinn’s amendatory veto likely exceeds his constitutional authority, his action was viewed more as a publicity stunt rather than a serious attempt to pass legislation.
Another election issue, signed on July 12, requires the Governor and the Lieutenant Governor to run as a team in the general primary election. House Bill 5820 (P.A. 96-1018) was introduced following controversy surrounding the 2010 Democrat primary election win of a largely unknown candidate, Scott Lee Cohen. Cohen later bowed out of the race following media revelations that raised serious concerns about his qualifications and character.
 Also signed July 12, Senate Bill 2551 (P.A. 96-1019) will force corrupt politicians convicted of strong-arming state contractors for campaign kickbacks to forfeit all political funds under their control.
The new law creates a public corruption profit forfeiture provision that would require automatic forfeiture of all political contributions held by a political committee or organization controlled by someone convicted of certain criminal violations. These violations include intimidation by a public official, including threatening to take, cause or withhold action as a public official against anyone or anything; bribery involving a public officer or public employee; and providing, soliciting, or accepting kickbacks in connection with public contracting.
In other business, two laws to protect homeowners from home repair fraud were signed by the Governor. Senate Bill 3645 (P.A. 96-1026) increases the penalty for home repair fraud when committed by someone working on a project intended to assist a disabled person. Senate Bill 2540 (P.A. 96-1023) allows homeowners who suffer actual damages during a home repair or remodel to pursue legal action for consumer fraud and deceptive business practices.
Additional legislation signed into law this week includes:
Criminal Fine (SB 3695/P.A. 96-1029): Imposes an additional $100 fine on a criminal offense committed by a street gang member, and creates the State Police Operations Assistance Fund to collect moneys to stave off State Police layoffs and district office closings.
Electronic Tax Payments/ Cigarette Tax Act (HB 5833/P.A. 96-1027): Addresses sections relating to tax collection, and creates a category of cigarette seller called a “secondary distributor,” which is any person who purchases stamped original packages of cigarettes from a licensed distributor, sells 75% or more of those cigarettes to retailers for resale, and maintains an established business with a substantial stock of cigarettes available to retailers for resale.
Honey Regulation (SB 2959/P.A. 96-1028): Provides that Department of Public Health may not regulate honey that is left in the comb or that is removed from the comb and in an unadulterated condition, and prevents the Department from regulating or inspecting a producer’s honey house if the producer is engaged in the sale of honey at a local market and packs or sells less than 500 gallons of honey produced in Illinois per year.
Recovery Zone and Conservation Bonds (HB 2369/P.A. 96-1020): Allows counties and cities to turn over their federal allocation for recovery zone and conservation bonds, which carry federal tax incentives, to the Illinois Finance Authority (IFA) or a regional bond authority.
Motor Fuel Tax Distribution (SB 3462/P.A. 96-1024): Changes the manner in which township road districts get their Motor Fuel Tax distribution from the state, and provides that a road district would receive an allotment of Motor Fuel Tax if the road district levees any special tax for road purposes.
Portrait Financing (HB 5109/P.A. 96-1017): Bans the financing of a Governor’s portrait if removed from officeby impeachment and conviction.
Renewable Energy (HB 4758/P.A. 96-1032): Allows counties to enter into agreements with property owners for renewable energy sources or energy efficiency improvements.
Boat Engine Cut-Off Switch (HB 4775/P.A. 96-1033): Provides that no person may operate any motorboat equipped with an engine cut-off switch while the engine is running, without verifying that the engine cut-off switch is fully-functional, activated and the engine cut-off switch link is properly attached.
Insurance Policies (HB 4782/P.A. 96-1034): States that the provisions of the Insurance Code concerning dependent coverage do not apply to short-term travel, disability income, long-term care, accident only, or limited or specified disease policies.
Vehicle Drive-Away Permit (HB 4796/P.A. 96-1035): Changes the length of time that a vehicle can be operated with a drive-away permit from seven days to 30 days, thus allowing a vehicle owner more time to drive the vehicle while waiting for the proper registration.
Wind Farm Property Tax (HB 4797/P.A. 96-1036): Extends the sunset for the uniformed assessment methodology on wind farms until 2016, rather than 2011.
Pawnbrokers (HB 4854/P.A. 96-1038): Imposes additional regulation on pawnbrokers that operate out of temporary locations, such as hotels and conference centers.
Fire Protection District (HB 4868/P.A. 96-1039): Allows a fire protection district trustee to serve on the board of a not-for-profit corporation that has an interest in a contract, with the work, or with the business of the district, and to vote on matters involving either that board or the district as long as the membership on the not-for-profit board is not a paid position. If the trustee is not appointed to the not-for-profit corporation’s governing body by the district’s governing body, the trustee may continue to serve as long as he/she abstain from voting on any proposition before the district’s governing body directly involving the not-for-profit corporation.
Census (HB 5011/P.A. 96-1040): Allows for adjustments to the census data in cases of annexations and disconnections, and requires the county to verify the municipality’s numbers.
Nuclear Safety (HB 5203/P.A. 96-1041): Extends the Radiation Protection Act for 10 years, gives the Illinois Emergency Management Agency greater flexibility in scheduling inspections of radiation facilities, and makes changes that better represent current practices and equipment, and improve compatibility with Federal Nuclear Regulatory Commission standards.
Deer Archery Permits (HB 5307/P.A. 96-1042): Requires the Department of Natural Resources to provide for the issuance of single, either-sex, resident archery deer permits.
Medical School Record Checks (HB 5411/P.A. 96-1044): Allows medical schools to use private entities to complete the criminal history record checks of their enrollees.
Sales Tax Use (SB 3134/P.A. 96-1057): Allows non-home rule municipalities to use public infrastructure and property tax relief sales taxes for “municipal operations” if the tax is approved via referendum after the bill is effective.
Fire-Related Deaths (SB 3585/P.A. 96-1059): Requires coroners to report fire-related deaths to the State Fire Marshal.
Consumer Economics Course (SB 3608/P.A. 96-1061): Removes the ability of students to take a Proficiency Test for Consumer Economics.
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