BRIEFLY

THE AFTERWORD

The bills have been passed and the governor has signed them. Now the lawyers and the regulators are looking at the newest state laws. Here's an update from last summer.

Tuition tax credit

A teacher and a parent filed suit in Franklin County in July, charging the new state income tax credit for private schooling is unconstitutional because it violates the requirement to keep church and state separate. The teacher, Keith Griffith, is president of the local affiliate of the Illinois Federation of Teachers. The union had vowed to challenge the provision as it moved through the legislature last spring. (See Illinois Issues, June, page 9.) The law, signed this summer, gives a 25 percent tax credit to parents to help cover their child's tuition and other school expenses. Opponents claim children in public schools won't generate the minimum $250 in costs required for parents to be eligible for the credits and religious schools will get the most benefit.

Liquor

The new law designed to benefit Illinois liquor distributors was quickly challenged by two large distilleries. (See Illinois Issues, June, page 10.) In separate suits, Jim Beam, a Kentucky-based bourbon maker, and Kendall-Jackson Winery of California said the law is unconstitutional because it favors the distributors in contract disputes. Proponents of the new law, chiefly the state's four largest liquor distributors, claim it ensures fair contracts. As it stands, distillers will have to show cause before changing distributors. Beam's suit says the law benefits special interests and harms consumers.

Gambling

Casino operators presented plans in July for a 76,000-square-foot, two-story gambling barge in Rosemont near O'Hare Airport. H.P. Inc. submitted architectural drawings to the Illinois Gaming Board for a boat to be called the Emerald Casino. If approved, it will be the first such casino to operate in Cook County. The Rosemont Village Board has already approved the Emerald. Gov. Ryan signed legislation in June allowing the operation to move from East Dubuque, where it had been shuttered since 1996. (See Illinois Issues, June, pages 10 and 12.)

Ethics

Local officials got some advice on handling a new ethics law that took effect July 1. The law had municipal officials confused as to whether each local government body — school boards, library boards, zoning commissions and the like — had to name its own ethics board to monitor the conduct of public officials. (See Illinois Issues, July/August, page 11.) Illinois Attorney General Jim Ryan concluded local governments have some leeway in writing the procedures to be used to handle complaints. Further, Ryan said every local body does not need its own ethics officer, as long there is a designated local group or official who can look into complaints. Ryan warned, though, that the local complaint procedures should be similar to the state-level procedures that took effect at the beginning of the year.

Burney Simpson

WEBSOURCE Ag genetics and markets Advances in seed genetics have dramatically increased farm productivity. (See page 12.) But it's unlikely many Illinoisans have been following the science behind DNA manipulation of corn and soybeans. For a basic background on corn development, genetics, soil conservation, and even the use of global positioning systems on the back 40, click onto the National Corn Grower's Association's Corn Curriculum web site at www.ncga.com/07curriculum/main. Yes, the site's goal is to teach kids math, science and communication skills by using farm-based examples, but it would be hard to find a clearer explanation of the rudiments, history and goals of genetic manipulation of corn anywhere on the web. For more sophisticated information, start with the Illinois Corn web site at www.ilcorn.org. Co-produced by the Illinois Corn Growers Association and the Illinois Corn Marketing Board, it has the latest news about yield factors, farm legislation and farmers' quality of life. For soybean information, the Illinois Soybean Association and the Illinois Soybean Checkoff Board have put together www.ilsoy.org. In addition to information on how bean genes are manipulated to fight such diseases as white mold, it provides the latest prices with a link to the Chicago Board of Trade at www.cbot.com. Rodd Whelpley

Illinois' charter school experiment off to a slow start As children head to classes, the state's struggling charter school program will get a booster shot. Gov. Ryan agreed to put $11 million into a pot for the experimental schools, $10 million for start-up costs and $1 million for building loans. Supporters hope state funds will entice more local districts to sign up for charter schools. Costs to the local district have kept some communities out of the program. Charters, public schools run by nonprofit organizations, are exempt from some state requirements. The program, started in 1996, called for 45 such schools statewide. (See "Charting the course," Illinois Issues, June 1997, page 32.) But this fall only 19 will open their doors, though for the first time two are up and running in the Chicago suburbs. Of the 21 that had been launched since the program began, one closed due to poor performance and another changed its mission. Peggy Boyer Long

Illinois Issues September 1999 9

BRIEFLY

GOVERNOR'S ACTION

Gov. George Ryan stepped into the batter's box early, wielding his executive power before lawmakers left town last May. By the end of June, he had put his signature to the most controversial and expensive proposals the General Assembly sent his way, including financial breaks for the horse racing industry and tax credits for parents who enroll their children in private schools.

In the first season of political goodwill between legislators and the new governor, much of the suspense was missing from this summer's game. Yet Ryan's execution was worthy of note. On more controversial measures, he chose to go for quiet singles, signing legislation to help major liquor distributors, for example, on a day when lawmakers were approving other big-ticket items. On his $12 billion Illinois First building program, though, he decided to swing for the fences, launching a flyaround to announce local projects, perhaps as a way to deflect criticism of increases in liquor taxes and license plate fees. These are standard strategies for the state's top politician, of course. Yet this governor managed to bring new flair to the game by spending $365,000 from his own campaign kitty on T V ads touting the plan — and the practical value of bipartisan cooperation.

Besides the $42.8 billion state budget, which Ryan also signed in June, he faced 728 substantive legislative proposals. As the summer wound down, he began to take action on as many as 70 a day.

Crime

Felons will face tougher sentences if they use guns. The governor signed his so-called "15-20-life" anti-crime proposal. It will add 15 years to a prison term if a felon carries a gun while committing such crimes as murder, sexual assault and kidnapping. It will add 20 years if the gun is used. It will add 25 years to life if somebody is hurt or killed.

Ryan signed other measures aimed at reducing gun violence, as well. Guns stored at home will have to be fitted with trigger locks, placed in lockboxes or stored in secure locations if the owners have reason to believe a minor under age 14 might have access. And buying a gun for somebody else, a practice known as making a "straw purchase," will be outlawed.

Ryan also signed a measure that aims for fairer death penalty trials by creating a pot to more fully cover legal costs. $10 million was appropriated.

Environment

Owners of large hog farms will face stricter regulations. The new rules, which establish zoning and operations guidelines, will require public hearings and nonbinding recommendations by county boards before construction. They were the result of negotiations between the governor's office and lawmakers from central Illinois, where the operations have been controversial.

The governor enacted his "Open Land Trust" initiative to help communities acquire and protect open space. The program establishes grants and loans. And he authorized creation of park and recreation districts connecting hiking and hiking trails with similar districts in Missouri. Under legislation approved by each state, the Metro-East Park and Recreation District is subject to local approval in an upcoming referendum.

Truckers will have to get emissions systems on larger diesel rigs checked every year if they are registered in the Metro-East or Chicago metropolitan areas.

Meanwhile, developers will now be able to seek permission from the state to build on endangered species' habitats.

Education

Teachers will have to keep learning if they want to keep their jobs. The governor signed legislation requiring elementary and secondary teachers to create lesson plans for themselves in order to get certified to teach in the state. The plans will be reviewed by local committees. Teachers will be required to be recertified every five years, beginning early next year.
Peggy Boyer Long

10 September 1999 Illinois Issues

PRESSBOX:

Stalling on public records; saving the world's plant life

The Illinois Associated Press Editors Association discovered how hard it is for Illinois citizens to get basic information about local governments.

In an investigation in all of the state's 102 counties, The Associated Press and 14 member newspapers found that in most cases local officials are either ignorant of Illinois law or are willing to violate it by denying access to public documents.

The project, conducted in April and May and published in July, sent 56 reporters to city halls, jails, school districts and county offices throughout Illinois to ask for information. To determine how requests from the public are treated, and to ensure they weren't given special treatment, reporters didn't initially identify themselves as journalists.

Dana Heupel, Statehouse editor for the Springfield State Journal-Register, coordinated the data gathering. He noted Illinois law requires public agencies to keep lists of documents under their control. Reporters asked to see those lists at the largest city and school district in each county and at county government offices. They also asked for copies of minutes from city council meetings, travel vouchers from school superintendents and logs of prisoners held in county jails.

The law allows anyone to look at that information. Yet almost two-thirds of the requests were denied or not complied with on the initial visit.

Illinois Attorney General Jim Ryan told The Associated Press he'll consider ways to improve the state's 1984 Freedom of Information Act, including creation of an open records commission to handle disputes over public records.

The St. Louis Post-Dispatch detailed the debate among the world's botanists over bioengineering and the preservation of rare or endangered plants.

The week-long package of essays and reports was pegged to the 16th International Botanical Congress in St. Louis the first week of August.

A central controversy at the congress, as captured by the series, was the ethical implications of research into plant gene manipulation. Proponents argue it promises to increase and improve the world's food supply; critics argue it endangers humans and threatens the environment. (See page 12.)

But the nearly 5,000 scientists from 80 countries appeared to agree on this: The earth's ecology is under threat, and that's important because plants provide food, shelter and medicine, clean the air we breathe and control the world's temperature and humidity.

Peter Raven, director of the Missouri Botanical Garden, argued that one-third of the plant species on Earth could become extinct in 50 years. He recommended, according to Post-Dispatch reporter Robert Steyer, better international coordination on conservation efforts and greater financial resources for developing countries so they can protect indigenous plants.

"We should be able to find the necessary resources," Raven is quoted as saying. "In fact, anything else would be neither intelligent nor Worthy Of us."
Peggy Boyer Long

Illinois Issues September 1999 11