New Legislation to Help Communities Purchase Emergency Vehicles and Strengthen Dormitory Fire Safety

CHICAGO - August 6, 2012. Governor Pat Quinn continued his commitment to increasing public safety in Illinois by signing several new laws that will help local fire departments purchase equipment and assist universities in installing sprinkler systems in student dormitories. Legislators, Illinois Fire Marshall Larry Matkaitis and representatives from the Chicago Fire Department joined the governor at today's ceremony.

"We must support our first responders whenever possible so they can continue to keep us safe," Governor Quinn said. "With thousands of students returning to college in the coming weeks and our ongoing response to historic drought conditions, fire prevention efforts are more important than ever."

Senate Bill 3373, sponsored by Sen. Terry Link (D-Waukegan) and Rep. Eddie Jackson Sr. (D-East St. Louis) will help fire districts across Illinois by consolidating and streamlining state funds used to finance local equipment purchases like trucks, ambulances and station upgrades. Under this legislation, three state funds used to support revolving loans for local emergency equipment purchases will be combined and jointly administered by the Office of the State Fire Marshall and the Illinois Finance Authority. This consolidation will simplify these loan programs, promote the efficient use of state resources and result in a larger and more stable base of support for local fire protection districts. The law is effective Jan. 1.

"This law is a great example of what can happen when two agencies work together to increase efficiency and help local communities by making tax dollars go farther for the people of Illinois," said Matkaitis.

House Bill 5283, sponsored by Rep. Don Moffitt (R-Galesburg) and Sen. John Sullivan (D-Quincy) will encourage fire protection districts to buy equipment built in Illinois by providing for lower interest rates on loans to purchase certain fire vehicles that are partly or fully manufactured in state. If a vehicle is fully built in Illinois and meets other requirements, the local fire district could qualify for a 0% interest loan. The law was supported by the Illinois Association of Fire Chiefs and passed the General Assembly unanimously. It goes into effect immediately.

House Bill 4757 also sponsored by Rep. Don Moffitt (R-Galesburg) and Sen. Ed Maloney (D-Chicago) will ensure all post-secondary schools in Illinois with dormitory housing have sprinklers installed by 2014. While the Fire Sprinkler Dormitory Act of 2004 required all dormitories to have sprinkler systems installed by Jan. 1, 2013, planning and financing complications have prevented some public and private universities from meeting this deadline. This legislation requires these institutions to submit a full compliance plan this fall to the State Fire Marshall detailing their actions to have sprinklers installed in their dormitories no later than Sep. 1, 2014. Institutions who do not meet this deadline will face a $1,000 a day fine.

The governor today also signed House Bill 4715, sponsored by Rep. Lisa Dugan (D-Kankakee) and Sen. Dave Koehler (D-Peoria), which streamlines the testing and hiring process of local firefighters and makes other technical changes to examination procedures. The law passed the General Assembly unanimously and is effective immediately.

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Property Taxpayers Far More Protected With Comprehensive Pension Reform That Includes Responsibility for School Districts Than Without

CHICAGO - August 5, 2012. Governor Quinn released data today prepared by the Illinois Office of Management & Budget (OMB) that shows without comprehensive pension reform, Illinois will spend more on pensions than education by Fiscal Year 2016. The budget office performed the district-by-district analysis based on current projections to examine the long-term funding challenges of the state if comprehensive pension reform is not enacted. The analysis was released just days after Governor Quinn called a special session dedicated to pension reform on August 17.

"Illinois cannot continue down this path at the expense of our children," Governor Quinn said. "We must enact comprehensive pension reform that eliminates the unfunded liability to repair our pension system and give the next generation the education they deserve."

Under current actuarial assumptions, required state pension contributions will rise to over $6 billion in the next few years if no comprehensive pension reform is enacted, which will continue to result in significant cuts to education. According to the analysis, continued cuts to education as a result of fast-rising pension costs will cost downstate and suburban school districts far more than assuming the responsibility to pay for their compensation decisions over time.

For example, if comprehensive pension reform that includes a phased-in normal cost realignment is enacted, downstate and suburban school districts would assume $49 million in new normal pension costs in Fiscal Year 2014. However, if no such reform is adopted, downstate and suburban school districts would instead see their budgets reduced by $152 million, according to current projections.

School districts would be far more protected from a property tax increase with comprehensive pension reform that includes the responsibility to pay for compensation decisions, than they would be without.

Every day that Illinois' pension crisis goes unresolved, the unfunded pension liability grows by $12.6 million. Without comprehensive pension reform, funding for key services such as education will continue to be squeezed out. Governor Quinn has proposed a comprehensive pension reform plan that eliminates the unfunded liability over the next 30 years and includes a phased-in normal cost realignment that would ensure school districts have a stake in the contracts they negotiate.

The complete analysis is attached.

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Announces up to $50 million for permanent supportive housing

 

CHICAGO - August 3, 2012. Governor Pat Quinn today signed two new housing laws to provide people with disabilities with more access to affordable rental housing, and to further protect homeowners from mortgage fraud. The supportive housing law makes $10 million in rental housing subsidies available over 15 years to eligible landlords. In addition, the governor announced the commitment of up to $40 million in Illinois Jobs Now! capital funds for developers of permanent supportive housing. These laws build on the governor's strong commitment to providing more housing options for people with disabilities, and to protecting consumers from predatory lenders.

"I am committed to strengthening Illinois' communities and our economy," Governor Quinn said. "Thanks to these new laws, more people with disabilities will have a safe and comfortable place to call home and homeowners will be better protected."

House Bill 5450, sponsored by Rep. Esther Golar (D-Chicago) and Sen. William Delgado (D-Chicago), enables grant funding to be designated for people with disabilities under the Rental Housing Support Program, one of the nation's largest state rental assistance programs, which is administered by the Illinois Housing Development Authority (IHDA). The new law and the Illinois Jobs Now! funding commitment will significantly increase opportunities for people with disabilities to access affordable rental housing throughout Illinois. The new law takes effect immediately.

"I was able to work with IHDA on this new law, which allows grant funding to develop housing opportunities for people with disabilities," said Sen. Delgado, Chairman of the Senate Public Health Committee.  "The previous law stated that to qualify for these grants a person had to have a specific disability, the new law will allow all with disabilities to qualify for assistance."

Also today, Governor Quinn signed House Bill 4521, sponsored by Rep. Barbara Flynn Currie (D-Chicago) and Sen. Jacqueline Y. Collins (D-Chicago), which raises fees for mortgage company licensees and significantly increases fines penalizing mortgage fraud to better protect homeowners. The new law also strengthens the ability of the Illinois Department of Financial and Professional Regulation's Division of Banking to investigate and prosecute mortgage fraud throughout the state. The new law is effective immediately, with one provision taking effect Jan. 1, 2013.

"Exercising vigilant oversight in the areas of loan modifications and short sales will be particularly beneficial as we work to slow the rate of foreclosure and protect distressed homeowners from financial exploitation," said Sen. Collins.

Earlier this year, Governor Quinn launched the Active Community Care Transition (ACCT) Plan to increase the number of people with developmental disabilities and mental health conditions living in community-based care settings across Illinois. The ACCT Plan also will help the state save hundreds of thousands of dollars per year while providing good care for people with developmental disabilities.

"Supportive housing makes a difference in the lives of people with disabilities by empowering them to live independently as part of a community," said IHDA Executive Director Mary R. Kenney. "Under Governor Pat Quinn's leadership, IHDA has financed approximately 1,300 units of supportive housing to enable people with disabilities to live independently."

With House Bill 5450, landlords providing supportive housing units may apply for subsidies under the Long Term Operating Support (LTOS) portion of the Rental Housing Support Program. The LTOS program is funded through a $10 fee collected from real estate document recordings, and the new round of funding will help an estimated 150 households headed by a person with a disability.

In addition, today's Illinois Jobs Now! commitment will spur the development of approximately 200 new supportive housing units through a new round of the state's Permanent Supportive Housing (PSH) Development Program. Governor Quinn's historic capital program included $130 million for affordable and supportive housing to further create opportunities for people with disabilities to live independently. The first round of the PSH Program financed 122 units of supportive housing.

IHDA is currently accepting applications from landlords and developers for the LTOS and PSH programs.  Applications and information are available at www.ihda.org.

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WHEREAS, on January 10, 2011, I took the Constitutional oath of office to become Governor of the State of Illinois, solemnly swearing to uphold both the Illinois Constitution and the Constitution of the United States, and promising to "faithfully discharge the duties of the office of Governor to the best of my abilities"; and

WHEREAS, I am committed to fulfilling my oath of office to serve the people of the State of Illinois by ensuring that government operates responsibly, and restoring fiscal stability to the State; and

WHEREAS, the State is currently facing an unprecedented pension crisis that, unchecked, compromises the State's credit rating and threatens the continued delivery of vital programs and services including education, public safety and human services; and

WHEREAS, the current unfunded pension liability of more than $83 billion is unsustainable and costs taxpayers millions of dollars every day it goes unaddressed; and

WHEREAS, the State's fiscal year 2013 budget is $33.7 billion, approximately 15 percent of which will go toward pensions alone; and

WHEREAS, on April 20, 2012, I proposed a Public Pension Stabilization Plan that would have eliminated the unfunded liability to secure 100 percent actuarial funding of the pensions systems by 2042; and

WHEREAS, I have continued work with the leaders of all four legislative caucuses to introduce legislation that would eliminate the State's unfunded pension liability; stabilize and strengthen the pension systems and ensure that the public employees who have faithfully contributed to the system receive benefits; and

WHEREAS, it is in the best interest of Illinois taxpayers that measures to strengthen and reform the State's pension systems be adopted and implemented without further delay; and

WHEREAS, Article IV, Section 5(b) of the Illinois Constitution empowers the Governor, as Chief Executive, to convene special session of the General Assembly;

THEREFORE, pursuant to Article IV, Section 5(b) of the Illinois Constitution of 1970, I, Governor Pat Quinn, hereby call and convene the 97th General Assembly in a special session to commence on August 17, 2012, at 1:00 p.m., for the purpose of considering any legislation, new or pending, which addresses pension reform.

New Program Will Help Increase Access to Fresh Food in Underserved Areas Statewide

CHICAGO - July 29, 2012. Governor Pat Quinn today announced the Illinois Fresh Food Fund to increase the availability of fresh food in Illinois communities and neighborhoods. Under this new public-private partnership based on best practices in other states, the Illinois Fresh Food Fund will provide financing to independent grocery store operators and developers to create full-service grocery stores in underserved areas throughout the state.

"It is unacceptable that there are still communities in Illinois where residents lack adequate access to fresh food," Governor Quinn said. "We all need nutritious food to live healthy lives. This new program will bring more grocery stores that sell fresh produce to underserved communities across Illinois, which improves health and wellness while also stimulating local economies and creating jobs."

Building on Governor Quinn's efforts to combat childhood obesity, improve health and wellness, and boost the state's economy, the Illinois Fresh Food Fund will use market analysis, capital and public policy to stimulate grocery store development and increase the availability of fresh food in documented low-access areas. To accomplish the goal, the state is partnering with IFF (formerly Illinois Facilities Fund), a nonprofit community development financial institution that is part of the Coalition of Community Development Financial Institutions (CDFI), which will administer the fund.

"The relationship between access to fresh foods and health, academic performance and overall quality of life is well-known, and I have always believed a solid investment in good nutrition can help transform struggling neighborhoods," said Sen. Jacqueline Y. Collins (D-16th), a leading advocate for the eradication of food deserts. "The Fresh Food Fund is an innovative use of capital and federal funds and a winning proposition for children and families, Illinois farmers, business owners and job-seekers."

The state is investing $10 million in Illinois Jobs Now! capital funding into the program to help address the need for access to fresh and healthy foods in communities statewide. Additional funding for the program comes from a $3.5 million grant that IFF secured through the U.S. Department of Treasury's Healthy Food Financing Initiative and also from banks and foundations.

"Supporting healthy food retail projects provides a variety of economic benefits to neighborhoods," said CDFI Fund Director Donna J. Gambrell. "I applaud Illinois and IFF for creating a program that combines well-targeted financing, technical assistance, and community partnerships in support of broader economic development efforts to revitalize distressed communities."

The Illinois Fresh Food Fund is modeled after successful efforts in Pennsylvania and New York State that provide residents in disadvantaged communities with greater access to a nutritionally balanced diet, coupled with nutritional education. Funded programs will include community engagement plans, through which grocers and community groups will work together to educate residents about healthy eating. While the primary purpose of the program is to finance full service grocery stores, other retail models may be considered on a case-by-case basis, with particular attention to the needs of the community for which a project is proposed.

"IFF is thrilled and honored to partner with the state on this important program," said Joe Neri, IFF CEO. "We're in the business of combining public and private funds to foster development of healthy communities in underserved areas. But healthy communities also need access to healthy, fresh foods. And too many communities nationwide have little or no access to such foods. Through these funds, IFF will be able to establish some oases where there were once just fresh-food deserts by leveraging private resources."

IFF is a leading regional community development financial institution (see www.iff.org) with 24 years of experience making loans in low-income communities throughout Illinois. To receive an application package or for information on upcoming workshops and webinars for applicants, please contact Amy Stewart, director of Marketing and Business Development at IFF at astewart@iff.org.

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CHICAGO - July 28, 2012. Governor Pat Quinn today continued his commitment to protecting Illinois seniors by signing several new laws to protect senior citizens in Illinois. The new laws will promote safety, increase oversight and accountability for caregivers and help authorities identify and respond to reports of abuse, neglect and exploitation.

"Our seniors deserve our respect and protection against those who would take advantage of them," Governor Quinn said. "Safeguarding seniors from exploitation and abuse will make our state stronger."

House Bill 5653, sponsored by Rep. Emily McAsey (D-Lockport) and Sen. Toi Hutchinson (D-Olympia Fields), allows a prosecutor to ask a court to freeze a defendant's assets if he or she is charged with financial exploitation of an elderly person. This is an initiative of AARP Illinois, which has advocated for greater protection against elderly financial exploitation committed by family and non-family members. This new law will help prevent defendants from spending stolen money or using stolen money to mount an expensive legal defense that would make it more difficult for victims to collect proper restitution. The legislation passed the General Assembly unanimously and goes into effect Jan. 1.

House Bill 5266, sponsored by Rep. Dennis Reboletti (R-Elmhurst) and Sen. John Millner (R-Carol Stream), allows law enforcement and fire departments access to reports of elder abuse, neglect, financial exploitation or self-neglect compiled by senior service providers. Under current law, law enforcement cannot access this information without a specific instance of abuse or suspected abuse that has been reported to them. Senior services providers will now be able to proactively work with law enforcement in advance of visits like well-being checks or emergency calls, to inform them of circumstances that suggest evidence of elder crime or neglect. The legislation passed the General Assembly unanimously and goes into effect Jan. 1.

House Bill 3986, sponsored by Rep. Michelle Mussman (D-Schaumburg) and Sen. Linda Holmes (D-Chicago), allows the Illinois Department on Aging to receive reports of elder abuse or neglect from senior service providers via the internet. This legislation will make it easier for the state and law enforcement to receive and act on reports of elder abuse and neglect. The same laws governing the use of confidential information will still apply to online reporting. The new takes effect immediately.

House Bill 5098, sponsored by Rep. Jerry Costello, II (D-Sparta) and Sen. Gary Forby (D-Benton), further expands the state's efforts to recognize and respond to crimes against the elderly by requiring probation officers' training to include courses on how to recognize and appropriately respond to crimes against the elderly. The law is effective Jan. 1.

House Bill 5009, sponsored by Rep. Patrick Verschoore (D-Rock Island) and Sen. Mike Jacobs (D-Moline), will help nursing home patients found outside of their facility to be safely assisted and returned to their residence. This legislation requires nursing home residents' identification wristlets to include their facility's telephone number. The law is effective immediately.

Senate Bill 3204, sponsored by Sen. Kirk Dillard (R-Hinsdale) and Rep. Emily McAsey (D-Lockport), changes the Illinois Power of Attorney Act by specifying that certain financial agreements and contracts do not interfere with a person's primary power of attorney. This bill is an initiative of the Corporate Fiduciaries Association of Illinois to address the difficulties banks, attorneys and trust officers frequently encounter when handling multiple powers of attorney. A previous version of this legislation was vetoed by Governor Quinn because it did not contain enough protections for the elderly. This alternative legislation was negotiated by AARP Illinois, the Department on Aging, the Corporate Fiduciaries Association of Illinois, the Illinois Bankers Association and the Illinois Credit Union League. It takes effect immediately.

Senate Bill 3690, sponsored by Sen. Dan Kotowski (D-Park Ridge) and Rep. Robyn Gabel (D-Evanston), requires the state budget to take into account the costs of achieving the goals of Illinois' long-term care rebalancing initiative by providing new definitions of populations that need varying levels of care. The legislation is an initiative of the Health Care Council of Illinois and will provide guidance to agencies under the governor charged with providing long-term care to vulnerable demographics including frail older adults. The law passed the General Assembly unanimously and takes effect immediately.

Senate Bill 680, sponsored by Sen. Linda Holmes (D-Aurora) and Rep. Esther Golar (D-Chicago), will further protect the elderly and other vulnerable populations by creating additional requirements for safe lifting of residents with limited mobility in nursing homes and healthcare facilities. The law will require the training of nurses and other care providers on safe lifting techniques and equipment that will reduce risk for fragile residents and give them more input on how they are lifted. The law passed the General Assembly unanimously and takes effect Jan. 1.

Senate Bill 3499, sponsored by Sen. Jeff Schoenberg (D-Evanston) and Rep. Daniel Biss (D-Evanston), reduces litigation costs for the Department of Public Health and nursing care facilities by clarifying the conditions under which they can waive their right to contest state fines. The law provides that any facility can only waive the right to contest the state's penalty by paying a settlement amount of 65% of the fine within 10 days of receiving the penalty notice. This legislation is an initiative of the Healthcare Council of Illinois (HCCI), which sought to streamline the process by which state fines against nursing homes may be offset by the federal fines also levied against violators. The law is effective immediately.

Senate Bill 3420, sponsored by Sen. Mike Jacobs (East Moline) and Rep. John Bradley (D-Marion), allows the owners of nursing homes to serve as representatives of residents to whom they are related. Current law allows other employees of nursing homes who are related to residents this same ability. The law is effective immediately.

House Bill 5134, sponsored by Rep. Michael Unes (R-East Peoria) and Sen. Darin LaHood (R-Peoria), amends the Nursing Home Care Act to formalize the informal dispute process between the Department of Public Health and nursing care facilities that occurs during state licensing and review. The law passed the General Assembly unanimously and takes effect immediately.

Senate Bill 3171, sponsored by Sen. John Sullivan (D-Quincy) and Rep. Dan Brady (R-Bloomington), brings Illinois law into compliance with federal law regarding the release of health records of the deceased. The new legislation allows the executor of the estate of a deceased person who holds their power of attorney to receive their medical records or designate another to receive them. If an executor does not exist and no one holds power of attorney over an estate, the legislation allows medical records to be released to a personal representative of the deceased who meets certain conditions under the federal Health Insurance Portability and Accountability Act (HIPAA). This law was passed by the General Assembly unanimously in consultation with the federal Department of Health and Human Services and the Illinois State Bar Association. It takes effect immediately.

 

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McCotter to overhaul investigations of abuse and neglect cases; Governor also names Acting Inspector General

CHICAGO - July 27, 2012. Governor Pat Quinn today announced the appointment of Michael McCotter as Special Investigator of the Office of the Inspector General of the Illinois Department of Human Services (DHS). McCotter, a 40-year law enforcement veteran, will be charged with reforming the investigative operations of the Inspector General's office. Governor Quinn also named Daniel Dyslin as Acting Inspector General for DHS until a permanent replacement is named. Today's actions follow an executive order issued by the governor earlier this month to strengthen protections for adults with disabilities.

 

"Michael McCotter will bring his strong law enforcement experience and dedication to reform to this mission," Governor Quinn said. "His appointment underscores my commitment to ensuring that all people are treated with dignity and respect, and that any abuse and neglect suffered by citizens with disabilities is rooted out quickly and punished appropriately."

 

DHS Secretary Michelle R. B. Saddler will work with McCotter, the governor, members of the General Assembly and stakeholders to explore and institute future reforms that safeguard the lives and rights of people with disabilities.

As Special Investigator, McCotter will review investigative procedures to ensure that abuse and neglect reports are investigated swiftly and that confirmed cases are referred to the appropriate authorities with strong supporting evidence. He will also review the policies of the office to better address and fulfill the office's mission of protecting people with disabilities. McCotter was previously appointed by Governor Quinn as chief public safety officer for the Illinois Department of Corrections and has served in several senior positions at the Chicago Police Department, including chief of patrol, deputy chief of detectives, commander of special events and district commander. He has had professional training with the FBI, United States Secret Service and the U.S. Department of Homeland Security, among other law enforcement agencies.

In addition to appointing McCotter, Governor Quinn named Daniel Dyslin as Acting Inspector General for DHS. Dyslin has been serving as a Senior Deputy General Counsel at DHS and has a strong background as an attorney and advocate for people with disabilities.

 

"We will work swiftly to investigate suspected neglect and abuses and work with law enforcement to put a stop to such actions," Saddler said. "Today's action strengthens our efforts to ensure people with disabilities receive the highest quality of care and are treated with the respect and dignity they deserve."

 

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New Employment Advisory Council to Promote
More Diversity in State Government

CHICAGO - July 27, 2012. As part of his ongoing efforts to promote diversity in state government, Governor Pat Quinn today signed a new law creating the Asian-American Employment Plan Advisory Council. The council will focus on ways to encourage and assist Asian-Americans seeking employment in state government. The governor was joined by numerous legislators, community leaders and representatives from the Coalition for a Better Chinese American Community and the Asian American Policy Network.

"Illinois is a place where people of all cultures and backgrounds should feel welcome," Governor Quinn said. "This new employment council will help ensure that Asian-Americans know about and have access to opportunities."

House Bill 4510, sponsored by Rep. Edward Acevedo (D-Chicago) and Sen. Tony Muñoz (D-Chicago), creates the Asian-American Employment Plan Advisory Council, which will study the barriers Asian-Americans who seek state employment face and propose solutions that can foster diversity and opportunity. The unpaid, 11-member council will be appointed by the governor and comprised of experts on employment access and Asian-American issues.

"Illinois is a diverse state and we must make sure our agencies reflect that diversity," Rep. Acevedo said. "As the Asian-American community continues to grow, it is important that they have the same opportunities and representation in state government that other groups have. I believe this new law will help to ensure that Asian-American constituents in my district and across the state are being properly served."

"Asian-Americans make up nearly five percent of Illinois' population, but only about two and a half percent of state employees," said Senator Muñoz, a member of the Senate Executive Committee.  "This new law will help to encourage more equity in state hiring and help improve services for Illinois' growing American communities."

The new law also directs the Department of Central Management Services (CMS) to prepare an Asian-American Employment Plan in conjunction with the new council. The report will analyze the percentage of Asian-American employment in all levels of state government and be submitted to the governor and the General Assembly with recommendations for how individual agencies can increase the Asian-American community's representation in the state workforce. This legislation passed the General Assembly unanimously and is effective immediately.

"I am thrilled to have been a part of the process of getting this legislation passed," said Theresa Mah, co-founder of the Asian American Policy Network. "The passage of this bill represents an important victory for the Asian-American community in our state and its implementation will make a huge difference in improving equity, accountability and service delivery for all Illinois residents. This legislation could not have been passed without the help of the Asian-American community along with a multiracial coalition of Black and Latino advocates supporting us."

"The signing of this bill is yet another milestone in the Asian-American community's civic engagement efforts leading to full participation and full integration of Asian-Americans into society-at-large," said CW Chan, Chair of the Coalition for a Better Chinese Community. "The legislative process leading to the passage of the bill also demonstrates an increased understanding and support for our community's needs and experiences, thanks in part to advocacy work by many organizations, particularly during the redistricting process, in which CBCAC was fortunate to have played a significant role."

Today's ceremony in Chicago's Chinatown follows Governor Quinn's approval of the Illinois Voting Rights Act of 2011, which protects the voting rights of racial and language minority groups in Illinois. The Act helps prevent a community's electoral identity from being weakened by being divided into multiple legislative districts.

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Laws Protect Residents from Risky Home Loans and "Debtor's Prison"

CHICAGO - July 25, 2012. Governor Pat Quinn continued his long history of fighting for consumers today by signing two new laws to help Illinois residents avoid risky home loans and protect those who are in debt from being unfairly sent to jail. The new laws increase protections for families from High Risk Home Loans and Refund Anticipation Loans and also establish stringent new guidelines before a borrower can be sent to jail following non-payment of debt.

"Illinois consumers deserve the strongest protections possible from predatory lenders and unfair collection practices," Governor Quinn said. "These new laws will help consumers and empower Illinois families with a better understanding of lending and debt collection."

Senate Bill 1692, sponsored by Sen. Jacqueline Collins (D-Chicago) and Rep. Michael Zalewski (D-Summit), makes clear to borrowers the definition of a risky home loan to prevent families from falling into the trap of debt. The law brings Illinois up to federal standards by clarifying and streamlining the definition of a high risk home loan to meet federal guidelines. The law also sets limits on fees and penalties that may be charged when a loan is issued, and prohibits any mortgage from containing pre-payment penalties if a loan is paid off before its term ends.

In addition, Senate Bill 1692 limits how much a taxpayer who is seeking a check or loan tied to their federal and state tax refunds can be charged. Companies that offer such loans will be required to post notices to their customers reminding the taxpayer that if a tax return is filed electronically, any refund owed can be deposited directly into their personal account within eight to 15 days at no cost to the taxpayer. SB 1692 goes into effect Jan. 1.

Also today, Governor Quinn signed House Bill 5434, sponsored by Rep. Ann Williams (D-Chicago) and Sen. William Haine (D-Alton), which codifies and clarifies best practices for the post-judgment collection of debts. The law will ensure that debt collectors and lenders provide evidence that there might be unprotected assets available to repay the debt before sending the debtor to jail. This law is designed to ensure that no Illinois residents are incarcerated as a result of being subject to a payment order they cannot afford, or for missing a hearing for which they did not receive notice.

Initiated by Attorney General Lisa Madigan, the measure was developed after Illinois officials found evidence that customers of licensed consumer lenders were unfairly being sent to jail because of their debt. Testimony from public hearings hosted by the Illinois Department of Financial and Professional Regulation (IDFPR) in Alton and Marion earlier this year showed that lenders and creditors have been distorting and exploiting the court system to collect debts.

HB 5434 goes into effect immediately. For more information on debtor's prison, visit www.idfpr.com.

 

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New Laws to Support Law Enforcement and Protect Court Officers

CHICAGO - July 24, 2012. As part of his ongoing efforts to increase public safety in Illinois, Governor Pat Quinn today signed two new laws that will help law enforcement crack down on drug crime and protect members of the justice system. The governor signed the new laws at the Illinois State Police Forensics Labs in Chicago and was joined by members of Illinois' law enforcement community who support the new laws, including the Illinois State Police, the Chicago Police Department, and numerous state's attorneys.

Governor Quinn has signed several new laws this summer to crack down on crime and strengthen public safety, including one that empowers law enforcement to prosecute street gangs as organized crime and a law guarding against sex offenders by requiring park districts to perform employee background checks.

"The men and women who protect us from crime every day need the tools to do their jobs effectively," Governor Quinn said. "These laws will help law enforcement get more criminals off the street and protect the members of our judicial system as they carry out justice for the people of Illinois."

House Bill 4081, sponsored by Rep. Jehan Gordon (D-Peoria) and Sen. Bill Haine (D-Alton), creates an exemption in Illinois' eavesdropping statute which allows State's Attorneys to give prior approval for the recording of individuals whom law enforcement suspects will commit a drug crime. The evidence obtained in these recordings may be used only in the prosecution of drug crimes or forcible felonies committed during the investigation of a drug crime. Current law allows law enforcement to obtain a court order to record a drug crime, but delays in that process in the past have resulted in missed crimes. This law is also a safeguard for undercover officers who may require immediate assistance when their lives are in danger.

"As a former State's Attorney for Madison County, I know this law will be invaluable in reducing the drug crime that plagues our communities," Sen. Haine said.

This legislation will strengthen the justice system by allowing more credible evidence into criminal proceedings. Judges and juries will be able to hear the actual conversations of those suspected of committing drug crimes, rather than relying on witness testimony that can be unreliable. Prosecutors and defense attorneys will also have more evidence to consider while negotiating plea agreements, which reduce the burden upon the criminal justice system. This new process allows Illinois law enforcement the same flexibility in crime situations as the Federal Bureau of Investigation, the Drug Enforcement Administration and law enforcement in surrounding states. The law is effective January 1.

House Bill 5877, sponsored by House Speaker Michael Madigan (D-Chicago) and Senate President John Cullerton (D-Chicago), creates the Illinois Judicial Privacy Act, which prohibits individuals, businesses, associations or government agencies from posting a judicial officer's personal information if that officer has requested in writing that it be removed. Upon receipt of the request, government agencies must remove information that is publicly available within five business days. Individuals, associations and businesses must remove the information within 72 hours. A person who posts personal information knowing that it could pose a threat to the health or safety of a judicial officer or his/her immediate family and which is a proximate cause of injury or death would be guilty of a Class 3 felony.

This legislation is an initiative of the Illinois Judges Association, which has found threats to judges rising steadily over the past decade. It was designed in response to the murder of the mother and husband of U.S. District Judge Joan Lefkow. Law enforcement believes the two were victims of retaliation against the judge following an unfavorable ruling.

Sections of the law concerning the posting of information are effective within 60 days and provisions affecting information use by the Secretary of State for identification cards, vehicle registrations and driver's licenses are effective January 1.

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