New Illinois Laws

This past week a bipartisan committee began the task of examining how the state’s school-aid formula has been transformed over the past decade, focusing on how to return the program to its original intent.  Among several areas of concern with education funding in Illinois is how Chicago schools’ poverty grants have reduced the amount of general state aid dollars available to other areas of Illinois, including McHenry County, according to State Sen. Pamela Althoff (R-McHenry).

In bill action during the week, two measures were signed targeting Illinois motorists. Beginning January 1, 2014, the speed limit on all interstates and toll highways will increase to 70 miles per hour (mph), and Illinois residents will no longer be allowed to talk on cell phones when they are behind the wheel, unless using hands-free technology. The Governor also signed legislation to protect the rights of Illinois’ homeless.

Althoff reminds residents of the public hearing on boating safety legislation

Althoff is encouraging local residents interested in watercraft safety to attend a public hearing scheduled for August 29 from 1:00 p.m. to 3:00 p.m. to obtain input on three boating safety measures sponsored by State Senator Julie Morrison (D-Deerfield).  The meeting, to be held at the Lake County Central Permit Facility in Libertyville, will discuss the proposals then give opponents and proponents the opportunity to testify and share their opinions and/or concerns. 

The three measures – Senate Bills 1477, 1478, and 1805 – were assigned to the Special Committee on Watercraft Safety in the Senate.  Senate Bill 1477 would suspend the driver’s license for three months of any person who is found to have operated a watercraft under the influence.  Senate Bill 1478 would prohibit anyone born on or after January 1, 1990 from operating a watercraft without a valid Boating Safety Certificate issued by the Department of Natural Resources.  Lastly, Senate Bill 1805 would require operators of a watercraft towing a person or persons to display a red or orange flag on their watercraft. 

Althoff, who is a member on the Special Committee, is urging those with a vested interest either for or against the proposals to attend the meeting and voice their opinions.

Althoff said that if anyone wishes to testify for or against the three legislative measures, they must call Senator Morrison’s district office at 847-945-5200 to be placed on a list of speakers at the meeting.  Additionally, Althoff said there is the potential for this to be the first in a series of similar public hearings on these legislative proposals. 

Bipartisan Committee Tackles Education Formula

The special bipartisan Senate Advisory Committee on Education Funding met in Springfield Aug. 19 to hear testimony from the Illinois State Board of Education and others. The Committee was prompted by a Senate Republican study of school funding in Illinois that first drew attention to shifts in school-aid funding and called into question school financing decisions that have been made largely out of the public eye. Upon further review, Senate Republicans found these decisions appear to steer a disproportionate amount of general state education dollars to Chicago public schools.

The state’s general state-aid formula was created as a “resource equalizer” to assure that all school districts receive a core foundation of financial support from the state. However, over the past decade core education funding has flat-lined, while specialized formulas for property tax and poverty grants have skyrocketed. As a result, more and more state dollars have been directed to schools in Chicago and away from downstate and suburban school districts with little or no debate among public policy makers.  Althoff said that because of the Chicago schools’ poverty grants, children in poverty in Chicago receive more state funding than children in poverty in McHenry County. 

One goal of the Committee will be to determine if the funding shifts have a fact-based foundation in education, or if they instead represent political decisions to steer funding to specific areas of the state.

Much of the first committee meeting was given over to a presentation by the State Board of Education, which confirmed the trends outlined in the GOP report.

One contentious issue is likely to be the formula used by the state to allocate poverty grants to school districts. Rather than use the federal government’s clear-cut income guidelines to define children in poverty, Illinois has elected to define poverty by using a child’s eligibility for other assistance programs. Additionally, the state follows a formula that heavily weights the amount of aid a school district receives based on the percentage of students in poverty.

This weighting means that some districts receive nearly $3,000 for each child defined as poor, while other school districts may receive only $355. Critics of the program acknowledge that while school districts with a high percentage of poverty students may need more money to educate those students, the allocation formula appears arbitrary and based on political, rather than educational, considerations.

New law sets speed limit at 70 MPH in 2014

Beginning Jan. 1, Illinois’ speed limit will be in line with most of the rest of the country, under a new law signed August 19 by Gov. Pat Quinn.

Senate Bill 2356, which was co-sponsored by Althoff, increases the maximum speed limit to 70 miles per hour (mph) on all interstates and toll highways.  

Sponsored by lawmakers from both political parties who represent all regions of our state, the new law updates speed limits to reflect the reality of current driving speeds in Illinois and other states.  Interstates were designed for a higher rate of speed, and currently, there are 34 states with speed limits of 70 mph or higher.  All of Illinois’ neighboring states, except Wisconsin, have speed limits of 70 mph.  Fifteen states have speed limits of 75 mph and one state has a speed limit of 85 mph.

At the request of the Illinois State Police, Senate Bill 2356 provides public safety enhancements in the form of a lowered threshold upon which the penalty for speeding is increased from a petty offense to a misdemeanor.  Speeding in excess of 26 miles per hour but less than 35 mph (currently 31-40 mph) will be a Class B misdemeanor.  Speeding in excess of 35 mph (currently 40 mph) will be a Class A misdemeanor.

Senate Bill 2356 also allows Cook County, the collar counties, Madison County and St. Clair County to opt out of the higher speed limit via ordinance.

The new law takes effect Jan. 1, 2014.

Use of cell phones while driving ban to take effect Jan. 1

Though Illinois motorist may soon get to speed up on certain roadways, they won’t be doing it with a phone in their hands. Illinois drivers will no longer be allowed to talk on cell phones while driving, unless using hands-free technology, under a newly signed law that takes effect on January 1, 2014.  Illinois is one of about a dozen states with similar laws banning the use of cell phones while driving, and already has a prohibition in place for texting and driving.

Proponents say the new law will cut down on distracted driving, making Illinois roads safer. Opponents, however, argue that it should be up to drivers to exercise proper safety precautions instead of leaving this burden to the police who will enforce this new law. The Insurance Institute for Highway Safety has found little difference between safety of drivers who use hand-held cell phones and those who use hands-free devices.  Althoff did not support the measure. 

Devices that are still allowed include Bluetooth headsets, speaker phone systems built into car stereos, and mounted cell phone holsters that allow a driver to use the speaker function on their phone without holding it. Additionally, drivers will still be legally allowed to make calls on hand-held phones in emergency situations.

Violators of the law will be fined $75 for a first offense. Fines of as much as $150 could be issued for repeat offenses, and offenders could face a moving violation on their driving record.  Althoff noted that this law will be strictly enforced. 

New law establishes protections for Illinois’ homeless

A new law creating a “Homeless Bill of Rights” was signed Aug. 22, making Illinois one of the first states to enact a Bill of Rights for the homeless.

The measure establishes that a person’s rights, privileges or access to public services cannot be denied or altered solely because of his or her homeless status. Senate Bill 1210, supported by Althoff in the Senate, protects an individual’s right to maintain gainful employment, access emergency medical care; protects their right to the privacy of personal property, records and information; and protects their right to vote on the same basis as other people. If someone believes that their rights have been violated because of their homeless status, Senate Bill 1210 allows that person to take legal action and pursue damages.

Previously, Rhode Island was the only state in the nation with a law granting legal protections for homeless.

Other measures signed into law

A complete list of measures signed into law this week can be found at Althoff’s website at www.senatoralthoff.com.