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New Laws - Speed limit increases, cellphone use could impact regional businesses

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FEBRUARY 2014

InsideF E B R U A R Y 2 0 1 4

The Southern Business Journal is a publication of The

Southern Illinoisan. Contact us via mail at 710 N. Illinois

Ave., Carbondale, IL 62901, or at P.O. Box 2108,

Carbondale, IL 62903. Also reach us on the Web at

www.sbj.biz and via email at [email protected]. The

Journal is published 12 times per year monthly, and

mailed to businesses, community development leaders,

chambers of commerce members and other

professionals in Southern Illinois. Copyright 2013 by

The Southern Illinoisan, all rights reserved. A subscription

may be obtained by calling 618-529-5454 or

618-997-3356, or by visiting our website.

Contact usPublisher:

Bob Williams � 618-351-5038

Editor:

Gary Metro � 618-351-5033

Advertising:

Mark Dynis � 618-351-5815

Design & Layout:

Rhonda May � 618-529-5454, ext. 5118

questions can help an employer makethe right choice.

Page 9

ELDER LAWLeaving money on the table: Whenplanning for long-term care, seniorsneed to be aware of what might happen if they proceed without the guidance of an attorney. An experienced elder law attorney can be the most valuable resource,even in cases in which a financial professional tries to persuade a seniorthat it is unnecessary to involve anattorney. Going it alone can be a costly mistake.

Page 12

ACHIEVEMENTSWho’s in the news: Find out who has been hired, who has been promoted or who has received an award for efforts in business. Makesure you check out our newest Faces in the News collection of business portraits and learn more of the achievements and honors inregional business. If you know of abusiness person who deserves special recognition for advanced training, a unique honor or a businessexpansion, please let us know [email protected].

Pages 14-15, 17

Inside1st Bank and Trust of Murphysboro ........5

John A. Logan College ........................ 13

Pepsi MidAmerica .............................. 20

SIU Credit Union .................................. 8

Small Business Growth Corp ................ 3

Southern Illinois Healthcare................ 18

Southern Illinois University ................ 16

Directory of Advertisers

ENTREPRENEUR’S

MAILBAGWhy a website? Businesses seekingto grow need to consider the power ofthe Internet. A website once was atrendy accessory, but today it is a busi-ness necessity. Why? An online presence offers an opportunity to expand any business’sdistribution channels and reach customers around the world. Operating online is the equivalent ofkeeping your electronic doors open 24/7. That adds up to better earning potential throughaccess to targeted customers and the possibility of lower overheadin the future.

Page 6

WORKPLACEExperience versus education: Someemployers believe experience is thebest education and make their hiringdecisions accordingly. Others prefer highly educated candidates,who can be quickly trained to fill thespecific needs of the business. To make an effective decision on experience versus education,employers should first examine thespecific job very closely. That requiresan investment of time and runsagainst a natural tendency to fill empty positions quickly. Four key

Find more business newsat www.sbj.biz.

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Cover Story

We’re more than a month into 2014,and the reviews are mixed on how avariety of new laws are impactingbusinesses.

For Danny Bost, owner of Bost Trucking

in Murphysboro, the new speed limit onInterstates isn’t “on his radar.”

The speed limit was increased from 65 to 70 mph on Jan. 1.

According to the Illinois Department ofTransportation, about 87 percent of Interstatehighways and 98 percent of rural Interstates will be increased to 70 mph.

There are 34 states withspeed limits of 70 mph orhigher, including all ofIllinois’ neighboring states.Fifteen states have speedlimits of 75 mph and onestate has a speed limit of 85 mph.

The increased speed limitisn’t the real issue, Bost said.

“Of all of the problemsgoing on with the state, wehave so many bigger issues. The speed limit is atthe bottom of the list,”he said. “Do they really thinkit’s going to generate a lot ofincome?”

Bost thinks the increasespeed is “more aboutpolitics than commonsense.”

“It was 55 then 65 and now70, obviously people will go that speed orhigher,” Bost said. “A lot of people arealready doing 70.”

Bad weather delayed replacing the old signs until mid-January. All 70 mph sign installations in SouthernIllinois, Districts 8 and 9, are complete.

The 900 new signs were made ofrecycled materials from IDOT’s Sign Shop

Find more business newsat www.sbj.biz.

BY DEB SAUERHAGESBJ CORRESPONDENT

New laws on speed limit,cellphone use impactregional businesses

SEE COVER / PAGE 4

ART SERVICES

FEBRUARY 2014SOUTHERN BUSINESS JOURNAL4

Cover Storyin Springfield at an estimated cost of$200,000.

Along with the increase comescaution. The new law includes anadditional safety provision, whichlowers the limit by 5 mph at whichdrivers may be charged by lawenforcement with excessivespeeding. If you are 26 mph over thelimit you will be charged withexcessive speeding. The old limitwas 31 mph.

Hands free

If you are driving on the Interstate,or across town, you better bechatting on a cellphone that is handsfree, either with a headset or onethat is built into your vehicle.

Illinois has also passed aDistracted Driving Cell Phone Ban,joining about a dozen other stateswith laws banning the use of cellphones while driving. The new lawjoins a current law that prohibitstexting and driving.

The goal of the new law is to cutdown on distracted driving, makingthe roads safer. Violators will befined $75 for a first offense. Fines forrepeat offenses could be as high as$150 and repeat offenders could facea moving violation.

Drivers are still allowed to makecalls in an emergency. If you areusing a non-hands free device andare in an accident with injuries, youcould be charged with a felony.

Bening Communications, aVerizon Wireless retailer with storesin Marion, Sparta,Red Bud, Freeburg, Nashville and Waterloo, has seen morecustomers who needed a Bluetoothenabled device to comply with thenew law.

“They are flying off the shelves,”said Misty Rohde, store manager inNashville. “The technology has beenaround for a long time, but peopleknow they have to have it.”

Rohde said the stores are wellstocked with the devices, which run from $20 to $100. Styles varyfrom a headset to a unit that clips to your visor.

The built-in Bluetooth technologyis standard on most new vehicles,according to Vic Koenig, owner ofVic Koenig Chevrolet in Carbondale.

“It’s been available since 2009,”Koenig said. “People will realize it isa good option.”

The law just doesn’t apply to carand truck drivers.

“The law also pertains to tractorsand heavy equipment operatorsincluding farmers,” Rohde said.

Other new laws

As tax time approaches, other newlaws are also coming into play.

Those who are in a same sexmarriage shouldn’t rush to do theirtaxes. Many of the finer points of taxlaws have not been determined onthe state level.

“If you were legally married in astate or foreign country thatrecognizes same sex marriage, youwill file jointly,” said David Powless,CPA and tax manager at KemperCPA in Marion.

The state of Illinois has notfinalized how state taxes will behandled.

“The state has not sent outinstructions for state taxes,” saidPowless, who expects theinformation will be released in a few days.

ACA

Tax preparers also have manyquestions regarding the AffordableCare Act for businesses.

Individual premiums were, in part,set by employees, who estimatedincome when applying through theMarketplace. Powless said if theirincome changes, they will either geta credit or have to pay more at theend of the year.

Employers are working to makethe changes. For example, in thepast, some companies gave theiremployees a tax-free monthlystipend for insurance. Now, thatmoney is considered as income andmay change the employee’s income,thus changing or denying theirinsurance premium through theMarketplace.

Employers also face fines of up to

$100 a day per employee for notfollowing the law.

“It is a very difficult topic,”Powless said. “We don’t have all therules.”

The ACA has also impactedemployees and the businesses theywork for.

Southern Illinois Healthcare isworking through the changes, saidPam Henderson, vice president ofhuman resources.

“Our health plans already coveredthe preventative services that theACA now requires, so no changeswere necessary there,” Hendersonsaid. “We did eliminate thelifetime maximums from the plans and now fewer services areexcluded from the annual out-of-pocket limits.”

One change that will have a bigimpact was delayed until January2015, when employees who work 30 or more hours a week have to be offered full-time health insurance coverage,Henderson said.

“This will have an impact on ourper diem employee program,” shesaid.

The ACA has also affectedreimbursements.

“To this point, it has meant lowerreimbursement from Medicare,” saidMike Kasser, SIH’s chief financialofficer/treasurer. “The first fouryears of the ACA has meant $6.5million in lower reimbursement toSIH hospitals. On top of thatamount is the sequestration whichhas reduced our payments another$1.5 million per year.”

Even though more people haveaccess to healthcare through theMarketplace, SIH has not seeingnew patients.

“We are not seeing any newpatients that we can identify.The insurance exchange andMedicaid expansion did not coveranyone until January 1, 2014,” Kassersaid. “Since SIH does not turnpeople away based on abilityto pay, we do not anticipate new business, but are hopeful thatmore will have some type ofcoverage.”

FROM PAGE 3

PROVIDED BY ILLINOIS DEPARTMENT OF TRANSPORTATIONSEE COVER / PAGE 12

A state’s power to tax reaches far andwide, but it’s still bounded byconstitutional limits.

In the words of the U.S. Supreme Court,“The simple and controlling question iswhether the state has given anything for which it can ask in return.” This basic principle applies equally to the

taxation of trust income.For decades, courts across the country

have grappled with whether state taxes ontrust income violate due process. InDecember 2013, the Illinois AppellateCourt in Linn v. Dep’t of Revenue, 2013 ILApp (4th) 121055, entered the debate andheld that taxing the income of a trust withno current connection to Illinois wasunconstitutional.

The facts in Linn begin in 1961. In thatyear, an Illinois resident established aninter vivos trust governed by Illinois law,with an Illinois trustee, for trust propertylocated in Illinois. The trust agreementprovided for a power of appointment todistribute trust assets to a different trustor trustee. In 2002, new trustees (alsoresiding in Illinois) distributed the assetsto create a new trust now governed byTexas law with a new trustee residingoutside of Illinois.

By 2006, none of the beneficiaries orthe trustee of the new trust resided inIllinois, and none of the trust assets werelocated there. When the state of Illinoissought to tax the new trust’s income, thetrustee brought suit, seeking a declarationthat the tax was unconstitutional. Thetrial court ruled in favor of the state,finding that the tax was constitutional.The appellate court reversed.

The appellate court first reviewed caselaw in which testamentary trusts hadsufficient contacts to a state so thattaxation was constitutional. The courtcontrasted these cases with inter vivostrusts, which do not owe their existence toa probate court and for which anyconnection to the state may be “more

attenuated.” The court cited otherdecisions, holding that the grantor’sresidence by itself was not enough of acontact for an inter vivos trust. Thus, inthis case, the original grantor residing inIllinois was “not a sufficient connection tosatisfy due process.”

The court also stated the focus shouldonly be on the connections to Illinois forthe tax year in question, and “whathappened historically with the trust inIllinois has no bearing on the 2006 taxyear.” The court emphasized that for thetax year at issue, there were no longer anyconnections to Illinois: All of the trust’sbusiness, assets, trustee, beneficiary andprotector were all outside of Illinois. Thecourt ruled that without any currentconnections to Illinois, taxing the trust’sincome violated due process.

FEBRUARY 2014 SOUTHERN BUSINESS JOURNAL 5

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State Focus

SEE STATE FOCUS / PAGE 17

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Find more business newsat www.sbj.biz.

Tax on trusts is unconstitutional if no connection to Illinois

FEBRUARY 2014SOUTHERN BUSINESS JOURNAL6

Entrepreneur’s Mailbag

During theGolden Era of theInternet, we allwatched ascountlesscompanies crashedand burnedbecause, in largepart, to theiruntested, webstrategies.

I remember thinking, if they couldonly get this ‘web thingy’ right … itmight have a chance of being somethingreally big. Enamored by the Internet, Iremember taking a web certificationcourse, figuring there might be anopportunity for me somewhere downthe road. I quickly realized all of thatcoding was not for me. I would needsome of those skills later on as I lookedto build a site for The Entrpreneur Café,LLC.

As fate would have it, I was fortunateenough to find someone to help metranslate my lofty web goals into reality.This month, we launch our first majorweb redesign in years. Looking ahead,this is sure to be a work in progress.

However, this time around, I learned alot about the web design process that Imissed at the outset. My hope is thatnontechnical and technicalentrepreneurs alike can use what I’velearned to launch their first site orupdate an existing one.

Website benefits and myths

There are a lot of benefits to operatingonline.

For starters, the web offers anopportunity to expand a business’distribution channels and reachcustomers around the world. Operatingonline is the equivalent of keeping your“electronic doors” open 24 hours a day— seven days a week — allowing you toincrease your earning potential. Having

a website allows you to better educateyour target customers and lower theoverall cost of doing business.

When I first launched my company’swebsite, I admit that I was a little naïve.I thought web development would beeasy and inexpensive. I initially thoughtmaking money on the web would be acakewalk — if I build it, they will come.Starting out, I had no idea how totranslate true customer service offline,let alone online. I had the misconceptionthat if I hadn’t launched a site at thattime, then it was too late.

The reality is that it’s never too late tobring a quality product or service to theweb. I believe my biggest misstep wasnot understanding the need for aseparate web strategy that would fit intomy larger business plans.

Developing a design checklist

My first attempt at a site felt more likea brain dump instead of a calculatedapproach to web development. With norhyme or reason, I simply incorporatedideas into the site as they came to me.That first website had all of the elementsthat I wanted in a site, but I doubt if thecontent offered any real benefit to siteviewers.

This time around, I started off byputting myself in the customers’ shoes— designing a site around the needs ofmy target market. If you have a nichebusiness, make sure that those effortstranslate online. With the rise of socialmedia, I think it’s hard to build a websitewithout factoring in how social mediamight help you build an onlinecommunity.

In developing the new website, I foundmyself thinking long and hard aboutwhat kind of content would keep visitorscoming back. You might not haveinternational plans for you business atthis time, but because the web is a global

platform, it doesn’t hurt to have abroader vision at the outset. It’simportant to keep in mind that webrelated marketing requires a full array ofintegrated online and offline efforts inorder to drive traffic.

Make sure that your website sayscredibility — viewers will likely stickaround longer on a well designed site.

Web development strategies

I can talk strategy all day, buttranslating offline strategy to the webcan prove challenging. However, I wasfortunate enough to be able bounce myideas off of a qualified web professional.For those small business owners in needof a bit more web strategy help, Irecommend trying to answer thefollowing questions:� How well suited are your products

and services for selling on the Web?� What are the objectives you have set

for your company’s website?� Will your site have a simple design

and how easy will it be to navigate?� What’s your web investment and

how will your rate of return bemeasured?

� How will any order fulfillment behandled?� What are your tactics for marketing

the site and drawing traffic?The biggest lesson I would say I am

learning has to do with being mindful toalways give the customer what theywant. With so many different functionsto juggle I can see the small businessowners’ case for not having a site (noneed, cost prohibitive or lack of time).With an estimated 61 percent of allInternet users turning to the web toresearch products and services online,it’s clear that it may be a lot to learn butthe positive impact on your businessmay be well worth it.

CAVANAUGH L. GRAY ([email protected])is the Director of Business Development forThe Entrepreneur Café, L.L.C (877) 511-4820. To read a chapter from his new bookThe Entrepreneurial Spirit Lives: 25 Tales toHelp Entrepreneurs Start, Grow, andSucceed in Small Business log on towww.ecafellc.com. For more information onhow to start, grow and succeed in smallbusiness, ‘Like’ on Facebook, ‘Follow’ onTwitter @TheECafe or ‘Connect’ onLinkedIn.

Gray

BY CAVANAUGH L. GRAYSBJ CONTRIBUTOR

Find more business newsat www.sbj.biz.

Website development Part 1: Understanding your web strategy

ART SERVICES‘I remember thinking, if they could only get this ‘web thingy’ right … it might have a chance ofbeing something really big. Enamored by the Internet, I remember taking a web certificationcourse, figuring there might be an opportunity for me somewhere down the road. I quicklyrealized all of that coding was not for me,’ said Cavanaugh Gray.

FEBRUARY 2014 SOUTHERN BUSINESS JOURNAL 7

Money MattersDo you need long-term care insurance?

There is a goodpossibility that youor your spouse willeventually requiresome form of long-term care.According to theU.S. Department ofHealth and HumanServices, about 70 percent of

people aged 65 or older will enter anursing home for some period of timeduring their lifetime.

Whether you or your spouse will beamong this group is impossible topredict. But it is wise to consider howyou might pay for long-term care andwhether long-term care insurance is agood idea for you.

LTC policies are complex and varywidely. But, in general, LTC insurancetypically covers nursing home care,adult day care, visiting nurses, assistedliving and in-home assistance with dailyactivities. LTC includes a range of

nursing, social and rehabilitativeservices for people who need ongoingassistance due to a chronic illness ordisability. LTC insurance can be used byanyone at any age who suffers anaccident or debilitating illness, but it ismost frequently used by older adultswho need assistance with essentialphysical needs, such as bathing, dressingor eating.

Cost of care

Perhaps the first consideration isdetermining the potential cost of long-term care. Below is a summary ofaverage current costs.� $207/day for a semi-private room in

a nursing home� $230/day for a private room in a

nursing home� $3,450/month for care in an assisted

living facility (for a one-bedroom unit)� $19/hour for a home health aide� $18/hour for homemaker services� $65/day for care in an adult day

health care centerWith health care costs rising every

year, these expenses can be expected to

grow substantially over time.Furthermore, neither Medicare norMedicare supplemental coverage, alsoknown as Medigap insurance, typicallycovers long-term care. Medicaid willcover a large share of such services, butonly if you meet stringent financial andfunctional criteria.

What’s more, most employer-sponsored or private health insuranceplans follow the same general rules asMedicare. Therefore, most people whoneed long-term care must pay for someor all of it on their own.

Cost of insurance

Like life insurance, LTC insurancepolicy premiums largely depend on your age and health. If you take out apolicy when you are young, you canexpect to pay comparatively lowpremiums during the life of the plan,while starting a new policy when you areolder will entail significantly highermonthly premiums. A 55-year-oldcouple in good health can expect to paybetween $1,800 and $3,700 a year for apolicy that covers nursing home care and

home care, with premiums adjusted forinflation.

Most long-term care policies soldtoday are federally tax qualified, whichmeans the premiums paid and out-of-pocket expenses for long-term care maybe applied to the medical expensededuction of the federal tax code.(Typically, taxpayers may deduct theportion of medical and dental expensesthat exceed 7.5 percent of adjusted grossincome.) Additionally, long-term carebenefits received are not taxed asincome up to certain limits.

Consult with a tax advisor to learnmore about the tax implications of LTCinsurance.

SCOTT MCCLATCHEY is a certified financialplanner with Alliance Investment PlanningGroup, a Carbondale investment firm at 115 S. Washington St. He can be reached at618-519-9344 or [email protected]. He also provides investment,retirement planning and insurance servicesto SIU Credit Union members through theSIU Credit Union Investment Servicespartnership. Securities offered through LPLFinancial, member FINRA/SIPC.

McClatchey

BY SCOTT MCCLATCHEYSBJ CONTRIBUTOR

Investing in small-cap stocksThere are many

different types ofpublicly-tradedequity investmentsthat can be made.Morningstar hasmany categories ofinvestments or assetclasses. One of thebasic breakdowns

refers to the market capitalization (cap) ofthe individual equities. Large-cap stocksare considered companies 10 billion andgreater, mid-cap stocks are consideredfrom 1 to 10 billion, and small-cap stocksare considered less than 1 billion in marketcapitalization.

In the book, “Investing in Small-Cap

Stocks,” by Christopher Graja andElizabeth Ungar, they discuss a long-termstudy by Ibbotson Associates. This studyshows that stocks outperformed bonds inevery 20-year, rolling periods from 1926 to1995. Additionally, in a substantial portionof those rolling periods, small-cap stocksoutperformed large-cap stocks. Knowingthis should make investors with adiversified portfolio consider using small-cap stocks as an asset class they invest in.

Why do small-cap stocks outperform allother equity asset classes? Supply anddemand is always an easy answer to give.There is usually a decent supply. Mostpublicly-traded companies start small.Some end small. There are thousands ofsmall-cap stocks to invest in. I think themain factor is demand for several reasons.

First, small-cap stocks are often newercompanies that investors haven’t heard of.Peter Lynch, the legendary portfolio

manager of Fidelity for many years,instructed investors to invest in what theyknow. You know Coca-Cola andMicrosoft, but you likely haven’t heard ofSchweitzer-Mauduit International, Inc. orPDL BioPharma, Inc.

Second, small-cap stocks are followedless by Wall Street analysts and don’t havenearly as many “buy” recommendations.Third, small-cap stocks are more risky forseveral reasons. Many small stocks mighthave only one product line and, therefore,the company has less room for error if thatproduct fails or if someone builds a bettermousetrap. They also have higherborrowing costs and can’t access thecapital markets like larger companies can.Last, smaller companies also might nothave the developed management teamsthat larger companies have.

So, with these negatives, how do small-cap stocks historically have a higher

return? Ultimately, it falls back tocapitalism at its best. Investors have to berewarded over time with an additional rateof return for the additional risk they take.In the long-run, an investor’s return isdirectional and proportional to the riskinvolved. If you take a little more risk, youwant a higher rate of return. Small-capstocks can deliver this, sometimes,because management is often extremelyfocused on success; smaller companiescan be more nimble to react to consumers,and these companies can often haverapidly growing earnings at a moderatevaluation. Please make sure you talk with afinancial advisor to see if small-cap stockscan work for you.

Every investor’s situation is unique, andyou should consider your investmentgoals, risk tolerance and time horizon

Tison

BY MICHAEL P. TISONSBJ CONTRIBUTOR

SEE MONEY / PAGE 17

FEBRUARY 2014 SOUTHERN BUSINESS JOURNAL 9

Workplace

The age-oldquestion: What ismore valuable to anemployer?Experience oreducation? What isthe answer? As anemployer, howimportant is thework experiencecomponent? Is all

work experience good work experience?Will education suffice if the candidatehas zero social skills and no workplacesavvy?

I remember when my brother got hisfirst “real” job out of college. He calledme to report in. I was so excited for him.However, he was not nearly as excited asI expected him to be. He just kept sayingthat everybody sat in cubicles and wasold. I guess the “real world” was not asglamorous as he envisioned. After Ilaughed at him, I encouraged him to getto know those old people in the cubiclesbecause, if nothing else, he would needtheir help. The story got better becausehe ended up making lots of friends andreally loving the job.

Now, for some, diving in and gettingsocial and meeting people behindcubicle walls is just not possible. Youcannot expect that of every new hire.This must be a consideration point whenyou are making your hiring decision.You must consider your culture.

In regard to my question concerningexperience vs. education, I believe thatit depends on many variables. However,to get an answer to your specific job, weneed to first look at the job very closely.I know every organization is a busyplace. We all want the hiring to get doneyesterday. We want positions filled fast.We forget filling a job isn’t a fast foodscenario. When a job is open and/orvacant, there should be a series ofquestions that are asked within theorganization before the job is filled. This

might be done through a “jobrequisition” process, or maybe yourprocess is less formal. Either way, thisexercise is value-added. Theorganization needs to ask theseimportant questions:� Is this position bringing value to the

organization?� Is this position directly contributing

to the mission and goals of theorganization?� What are the main responsibilities

of this job?� Are there other ways that these

duties can be handled?After you fulfill these tasks, you will

have a better idea of what the needs are.This can lead you to the answer to ourquestion of education vs. experience.Sometimes the answer is clear, but mostof the time it is not. Now you know whattasks must be done and what must beaccomplished. If you are filling the job,you move forward. This is also the pointat which the job description is updated.If it has recently been updated, thenplease review it again. Now that weunderstand the duties required, we cantry to recruit people who can performthese duties.

Here is where you must decide onexperience or education or both orneither. However, I do recommend atleast one of the above. So, let’s run thisdown. It seems often that an entry-levelposition may be the time to look for theeducational component. Does the jobrequire someone with specific technicalskills or certifications that can only belearned in school? Stop and ask yourselfif you are requiring a degree only torequire a degree? Would experiencesuffice? What is really going on here?Many times, managers want to insist ona degree, but cannot justify the need.Either the need is there or not. Makethem explain.

There are always recent graduates out

there — ones who truly do need jobs.When I hire someone withoutexperience, I like to see some evidenceof work ethic. Did this candidate alsowork while in school? Pursuing aneducation while working at any age is adaunting task. Anyone who cansuccessfully do this does have sometraits that are worthwhile to transitionto the workplace. Also, just because anindividual doesn’t have work experiencein your industry doesn’t mean that thisperson has zero work experience. Canthe applicant tie former work experiencefrom another job to duties this personwould do at your company? Are theresimilarities? Is this applicant smartenough to realize this? Candidates with internships can be very valuable toyour organization. Do not let them slip by.

Let’s talk about experience and what itmeans. I find that experienced workersnot only have experience and skillsdoing the job, but they have experiencein a workplace. A person with educationwill require only some level of trainingand acclamation to the workplace. Themore support that someone new to theworkplace can get, oftentimes the betterthat person will do. A seasoned workerwill not require so much of that. Whatdo you have the time for? What can yourorganization support? What kind ofonboarding programs do you have?Training. Mentoring. These are allthings to consider.

Remember, not all experience is good.When you see a résumé with experience,are you stopping to take the time to look

at the experience? Are you checking intothe details? The beauty of a person wholacks experience is that you can teachthat individual to do it your way.However, a person with experience canbring ideas regarding different ways todo things, maybe some things that youhave never considered. Are you open tonew ideas? Are you available to coachsomeone through bad habits that youmay have to break?

The bottom line is that there is noeasy answer. Take it slow. Start byconsidering the job and exactly whatneeds to get done. Then determine whatkind of candidates you would like to see.Does the job allow for experience oreducation or both? Move slowly.Do not decide to race against the clock. The person you are hiring couldbe with you forever more. An interviewis truly not enough time to get to knowsomeone. Think this decision through,and do not rush. Use all the powers ofinvestigation and information that youlegally have at your fingertips. Usesituational questions to probe for detailsabout how these candidate will handlethemselves and how they will makedecisions.

ANGELA HOLMES-YOUNG is a workplaceexpert, author and speaker in SouthernIllinois. She is a Society for HumanResource Management-certified HR expertwith more than 15 years of human resourceexperience in various industries. Her firstbook is due out early this year. She can bereached at [email protected] or 618-559-9399.

Holmes-Young

BY ANGELA HOLMES-YOUNGSBJ CONTRIBUTOR

Find more business newsat www.sbj.biz. The bottom line is that there is no easy answer. Take it slow. Start

by considering the job and exactly what needs to get done. Thendetermine what kind of candidates you would like to see. Does the joballow for experience or education or both? Move slowly. Do not decide to race against the clock. The person you are hiring could be with you forever more.

Work experience vs. education: Which is better to hire?

S O U T H E R N I L L I N O I S I N D I C A T O R S

Prices at the pumpAverage price per gallon of regular, unleaded gasas of Jann. 27, 2014 and Dec. 23, 2013.

686Herrin

Consumer credit scoreCredit scores are numeric reflections of financialbehavior and credit worthiness and they are basedon information included in a credit report. Rangingfrom 330 to 830, a higher score means a lowercredit risk. Scores are from December 2013.

688U. S.

694State

693Region

SOURCE: EXPERIAN

SOURCE: AAA

Metro East $3.36 $3.16 $3.39Springfield $3.29 $3.28 $3.28Illinois $3.39 $3.33 $3.44U.S. $3.28 $3.25 $3.35

Jan 14 Dec 13 Jan 13

222

226

228

D‘12

212J

214

A S

216

O

218

N

220

D J F M A M’13

J

224

230

232

234

Consumer Price IndexThe CPI measures average price changes of goodsand services over time, with a reference base of 100in 1982-84.To put into context, a current CPI of194.5 means a market basket of goods and servicesthat cost $100 in 1982-84 now costs $194.50.

U.S. City AverageDec 13 233.0

Midwest UrbanDec 13 221.2

SOURCE: U.S. DEPARTMENT OF LABOR

95949392919089

96979899

100101102103104105106107108

J A N D J F M A M J J A S O N D J F M A M J J S O N DJ S O

’11

A

’12 ’13

U of I FlashIndex

The Flash Index is an early indicator of the Illinois economy’s expectedperformance. It is a weighted average of growth rates in corporate earnings,consumer spending and personal income. An index above 100 indicatesexpected growth; an index below 100 indicates the economy is contracting.

Dec 13 107.0

Home sales Total units sold, including condominiums

SOURCE: ILLINOIS ASSOCIATION OF REALTORS

Alexander 5 5 0.0% 16 19 � 15.8% $35,000 $33,000 � 6.1%Franklin 92 86 � 7.0% 283 259 � 9.3% $54,000 $64,950 � 16.9%Gallatin 7 4 � 75.0% 12 8 � 50.0% $59,500 $74,000 � 19.6%Hamilton 0 5 � 100.0% 6 8 � 25.0% $0 $79,500 � 100.0%Hardin 3 2 � 50.0% 14 8 � 75.0% $60,000 $70,500 � 14.9%Jackson 108 110 � 1.8% 325 358 � 10.2% $90,500 $91,450 � 1.0%Jefferson 92 69 � 33.3% 258 264 � 2.3% $110,000 $89,000 � 23.6%Johnson 33 16 � 106.3% 66 78 � 15.4% $100,000 $79,500 � 25.8%Massac 28 34 � 17.6% 82 91 � 9.9% $81,000 $69,500 � 16.5%Perry 28 21 � 33.3% 86 116 � 25.9% $69,950 $55,000 � 27.2%Pope 3 2 � 50.0% 10 8 � 20.0% $134,000 $28,500 � 370.2%Pulaski 1 1 0.0% 11 6 � 83.3% $25,000 $53,500 � 53.3%Randolph 33 38 � 13.2% 117 131 � 10.7% $63,000 $85,000 � 25.9%Saline 44 47 � 6.4% 148 122 � 21.3 % $50,000 $55,000 � 9.1%Union 33 23 � 43.5% 89 84 � 6.0% $49,000 $106,000 � 53.8%Williamson 225 182 � 23.6% 539 590 � 8.6% $105,950 $101,750 � 4.1%ILLINOIS 45,252 36,385 � 24.4% 103,294 103,455 � 0.2% $165,000 $145,000 � 13.8%

Q3 13 Q3 12 Change 2011 2010 Change Q3 13 Q3 12 ChangeMEDIAN SALES PRICE

SOURCE: INSTITUTE OF GOVERNMENT AND PUBLIC AFFAIRS, UNIVERSITY OF ILLINOIS

Hotel/motel statsTotal amount of revenue generated in Carbondaleby hotels and motels for room rentals only.

New vehicle sales Total cars, trucks sold based on title applications filed.Excludes motorcycles, trailers.

SOURCE: ILLINOIS SECRETARY OF STATE’S OFFICE. LATEST DATA AVAILABLE.

Alexander 8 13 � 38.5% 142 126 � 12.7%Franklin 113 76 � 48.7% 1,174 965 � 21.7%Gallatin 20 12 � 66.7% 265 222 � 19.4%Hamilton 23 18 � 27.8% 279 236 � 20.8%Hardin 6 6 0.0% 96 97 � 1.0%Jackson 123 123 0.0% 1,482 1,320 � 12.3%Jefferson 91 67 � 35.8% 1,025 848 � 20.9%Johnson 39 31 � 25.8% 392 327 � 19.9%Massac 25 17 � 47.1% 297 269 � 10.4%Perry 54 45 � 20.0% 606 558 � 8.6%Pope 9 6 � 50.0% 96 73 � 31.5%Pulaski 17 13 � 30.8% 159 129 � 23.2%Randolph 91 69 � 31.9% 975 844 � 15.5%Saline 95 75 � 26.7% 1,022 793 � 28.9%Union 43 39 � 10.3% 502 486 � 3.3%Washington 70 27 � 159.3% 583 446 � 30.7%White 58 43 � 11.6% 625 571 � 9.5%Williamson 225 194 � 16.0% 2,060 1,796 � 14.7%REGION 1,110 874 � 27.0% 11,780 10,097 � 16.7%

Sept 13 Sept 12 Change 2011 2010 Change

$815,850 $758,938 � 7.5%

$5,119,025 $5,309,375 � 3.6%

Aug 13 Aug 12 Change

2012 Change

YTD TOTALS

MONTHLY TOTALS

$7,732,810 $7,728,261 � <0.01%

2011ANNUAL TOTALS

100

102

103

104

105

78

90

AS O N D J F M J J A S

98

94

88

86

84

82

81

80

76

M

74

72

70

68

66

64O NA M J J A

’12 ’13

Chicago Fed MidwestManufacturing IndexThe CFMMI is a monthly estimate by majorindustry of manufacturing output in the SeventhFederal Reserve District states of Illinois, Indiana,Iowa, Michigan and Wisconsin. It is a compositeindex of 15 manufacturing industries, includingauto and steel, that uses electrical power andhours worked data to measure monthly changesin regional activity. It is compared here to thenational Industrial Production index forManufacturing (IPMFG). Base year is 2007.Starting in November 2005, the index excludedthe electricity component.

IPMFG Oct 1397.8

CFMMI Oct 1397.4

SOURCE: FEDERAL RESERVE BANK OF CHICAGO

Williamson County RegionalAirport passengers

855 856 � <.01%

10,476 10,170 � 3.0%

Dec 13 Dec 12 Change

2012 Change

YTD TOTALS

MONTHLY TOTALS

Anna 112.0 114.1 119.1 120.9 114.5 113.3 � 0.7%Benton 85.5 83.2 86.4 69.5 69.4 71.4 � 16.5%Carbondale 443.2 552.4 593.5 598.0 565.5 587.7 � 6.0%Carterville 39.5 38.9 42.0 42.2 39.9 40.1 � 3.2%Chester 48.9 53.2 55.7 55.3 52.9 51.5 � 3.3%Du Quoin 110.9 114.4 113.5 77.1 100.8 91.9 � 24.5%Harrisburg 177.9 205.1 214.0 195.0 191.9 179.3 � 14.4%Herrin 150.1 152.5 154.0 153.4 147.2 135.9 � 12.2%Jonesboro 20.5 11.8 11.4 11.8 12.5 12.4 � 4.8%Marion 666.6 620.1 686.9 683.1 676.0 673.4 � 7.9%Metropolis 87.1 77.8 84.4 82.0 77.1 75.9 � 2.5%Mount Vernon 478.3 494.9 533.6 507.0 476.7 482.8 � 2.5%Murphysboro 125.0 127.5 135.2 130.6 129.1 117.1 � 8.9%Nashville 125.6 116.3 110.3 96.6 107.9 101.8 � 14.2%Pinckneyville 38.7 38.6 42.3 38.5 37.2 39.0 � 1.0%Red Bud 69.5 78.4 74.7 75.2 70.1 77.7 � 0.9%Sparta 130.3 120.2 128.2 128.5 126.4 130.5 � 7.9%Vienna 38.3 38.4 40.1 39.9 37.1 40.5 � 5.2%West City 84.7 87.1 88.3 87.8 91.9 89.6 � 2.8%West Frankfort 113.3 70.8 122.5 112.4 111.4 111.2 � 36.3%REGION $3,145.9 $3,192.7 $3,436.1 $3,304.8 $3,235.5 $3,223.0 � 0.9%ILLINOIS $151,455.3 $152,406.7 $154,650.6 $147,232.0 $139,593.2 $157,071.1 � 14.2%

YTD Nov 2013City 2012 2011 2010 2009 2008% change

08-11

Retail sales for Southern Illinois cities

SOURCE: LATEST STATISTICS AVAILABLE FROM THE ILLINOIS DEPARTMENT OF REVENUE. FIGURES ARE IN MILLIONS.

Labor force Jobless Oct 2013 Sept 2013 Oct 2012 Change month Change year

Unemployment rates for Southern Illinois counties, state and nation

Alexander 2,781 292 12.5% 12.0% 11.7% � 0.2 � 0.9Franklin 16,962 2,023 12.2% 12.9% 12.2% � 0.3 � 0.9Gallatin 2,446 226 10.0% 10.9% 8.9% 0.0 � 1.0Hamilton 4,064 284 7.0% 8.8% 8.3% � 0.5 � 0.4Hardin 1,717 181 11.3% 12.8% 11.4% � 0.2 � 0.1Jackson 31,077 2,266 7.7% 9.2% 8.4% � 0.3 � 0.1Jefferson 19,459 1,646 8.8% 9.4% 8.8% � 0.3 � 0.5Johnson 5,080 491 10.3% 11.6% 10.9% � 0.1 0.0Massac 7,161 529 7.8% 9.0% 9.0% � 0.2 � 1.6Perry 8,911 975 11.0% 12.7% 11.9% � 0.1 0.0Pope 1,783 172 9.9% 11.2% 11.1% � 0.3 � 0.2Pulaski 2,708 274 11.1% 11.9% 10.8% � 0.3 0.0Randolph 14,647 1,162 8.0% 9.1% 8.8% � 0.1 � 0.2Saline 12,689 1,165 9.6% 10.6% 9.0% � 0.1 � 0.9Union 7,717 755 10.7% 11.9% 10.8% 0.0 � 0.1Washington 8,824 524 6.2% 7.7% 7.3% � 0.1 � 0.3White 7,256 532 7.7% 8.7% 8.5% � 0.1 � 0.1Williamson 33,916 2,718 8.1% 9.2% 8.8% � 0.2 � 0.1 .,REGION 189,198 16,215 8.6% 8.4% 8.5% � 0.2 � 0.1ILLINOIS 6,520,541 542,820 8.3% 8.3% 8.3% 0.0 0.0U.S. 154,839,000 11,272,000 7.3% 7.2% 7.9% � 0.1 � 0.6SOURCE: ILLINOIS DEPARTMENT OF EMPLOYMENT SECURITY, U.S. DEPARTMENT OF LABOR. FIGURES ARE NOT SEASONALLY ADJUSTED. 10,170 9,682 � 5.0%

2011ANNUAL TOTALS

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FEBRUARY 2014SOUTHERN BUSINESS JOURNAL12

Elder LawGet your billion back

If the catchy titleto this article looksfamiliar, it ought to.I shamelessly stoleit from anadvertisingcampaign of acertain companythat preparesindividual incometax returns.

No, this article is not about incometax returns, but it is about not leavingmoney on the table when doingMedicaid asset preservation planning fornursing home and other long-term care.This month’s article, as well as thearticles that will appear in the April andMay issues of Southern Business Journal, will discuss three cases. Two caseswere improperly handled and caused theseniors’ hard-earned savings to beforfeited to the government. In the thirdcase, the senior kept essentiallyeverything that the governmentchallenged.

This month’s case, Evans v. State ofIllinois, involves a fact pattered that issimilar to what this author has seenseveral times in which an unscrupulousinsurance agent preys on a naïve clientand conspires with an unscrupulousfuneral home. The basic idea is the agentpersuades a client, who is on thedoorstep of a nursing home, that theclient does not need to hire an attorneyto assist with Medicaid planning, that he(the non-attorney insurance agent) can

do the planning “free of charge.” Thenthe insurance agent sells the client aninsurance policy that is supposed to payan inflated sum for a funeral. Later, afterthe client dies, the funeral homeprovides a basic funeral, the cost ofwhich is much less than the lifeinsurance death benefit. The client’sfamily then receives the balance of theinsurance proceeds from the funeralhome.

All of this, of course, is totally illegal inthe context of a Medicaid plan. And, ifany of the co-conspirators were to becaught, it could result in significantprison time.

The Evans case, however, does notinvolve a criminal prosecution. Instead,it involves conduct that caused thesenior and her family to lose asignificant sum of money.

Peggy Evans, a resident of a nursinghome, filed for Medicaid assistance tohelp pay for her care at the facility. Atthe urging of an insurance agent andwithout the involvement of an elder lawattorney, Evans purchased a lifeinsurance policy in the amount of$12,000. That same day, the proceeds ofthe policy were assigned to anirrevocable trust. The trust namedplaintiff’s three children as the residualbeneficiaries. The trust required thetrustee to pay the funeral and burialexpenses incurred, as long as evidenceof those expenses was presented to thetrustee within 45 days of Evans’ death.

Under the terms of the trust, thetrustee could not pay any expenses after45 days of Evans’ death. The trustprovided that any remaining assets were

to be distributed to the residualbeneficiary. The Illinois Medicaidagency approved Evans’ application, butdetermined she was ineligible forMedicaid funding for a three-monthperiod for the $12,000 insurancepurchase.

Evans appealed and argued the$12,000 life insurance purchase wasexempt from any penalty because itsproceeds were assigned to an irrevocabletrust to pay an estimated $12,000 infuneral and burial expenses. Evanspresented an estimate for anticipatedfuneral and burial costs by a local funeralhome in the amount of $12,136.48.However, Evans conceded she did notenter into any contracts regarding thoseservices.

Although Evans created an irrevocabletrust funded by a life insurance policy,there was no burial contract. TheMedicaid manual defined a prepaidburial contract as an agreement wherebythe buyer paid in advance for a burialthat the seller agreed to furnish upon thedeath of the buyer or other designatedindividual. The appellate court heldthat a contract was necessary inorder to make the life insurancepurchase one which is notsubject to penalty.

In short, it appears the lifeinsurance salesman persuadedEvans that she did not need toconsult with an elder lawattorney and that he couldsave her family a sum of moneyby participating in his scheme.The moral of the case is seniorsshould always consult with an

experienced elder law attorney whenconducting nursing home or other long-term care planning, no matter how muchtheir financial professional tries topersuade them that it is unnecessary toinvolve an attorney or that the financialprofessional is the only professional thatis needed.

To read the appellate court’s opinionin the Evans case, go to http://www.state.il.us/court/Opions/AppellateCourt/2013/4thDistrict/4121082.pdf.

RICHARD HABIGER is author of the Illinoisedition of “How to Protect Your Family’sAssets from Devastating Nursing HomeCosts: Medicaid Secrets” and an elder lawattorney who focuses on asset protection,Medicaid and VA benefits. He can bereached at 618-549-4529 [email protected].

BY RICHARD HABIGERSBJ CONTRIBUTOR

Habiger

There may be several reasons patients may not be using healthcarefacilities.

“We cannot say if the act is drivinganymore patients to SIH facilities” saidRex Budde, SIH president and CEO. “Wehaven’t noticed any significantfluctuations, but also this time of yearcan cause volumes to fluctuate just

because of the impact of the holidays andpeoples desires to stay out of thehospital.”

Kasser said it’s too early to tell if morepatients have insurance.

“Some people who acquire insuranceon the exchanges may have done sobecause they lost their coverage at work.Most of the increased coverage insouthern Illinois is projected to comefrom the Medicaid expansion,” Kasser

said. “Medicaid is by far the worst payerfor all Illinois hospitals.”

Still, some patients may not haveinsurance at all.

“SIH has had a long establishedHealthcare Assistance Program and thathas not changed,” Budde said.

“SIH is very aware of the financialburden being sick can put on a family orindividual so we continue to make surewe are sensitive to what we collect from

patients who do not have insurance. Wehave also adapted some of ourpolicies for both state and federal lawsthat dictate what we can charge a patientwho doesn’t have any insurance.”

For more information on these and other new laws, visitwww.illinois.gov.

DEB SAUERHAGE is a correspondent for theSouthern Business Journal.

COVER: New laws on speed limit, cellphone use impact regional businessesFROM PAGE 4

ART SERVICES

FEBRUARY 2014SOUTHERN BUSINESS JOURNAL14

Achievements

Zemaitis

Hughes

SheleyWolaver

Brokers receive GRI trainingDebbie Lence and Lisa Tomazzoli, brokers

with Linda Lence Real Estate in Anna, recentlygraduated from the Graduate Realtor Institutein Itasca, while managing broker Linda Lence,GRI, CRS, attended the GRI graduate course.

Debbie Lence and Tomazzoli were two of 55realtors to earn the GRI designation in Illinoisin 2013. A GRI is a mark of a real estateprofessional that has, over a three-year period,made the commitment to provide a high levelof professional services by securing a strongeducational foundation. The graduate course isoffered to real estate brokers who have achievedthe GRI designation.

Linda Lence, Debbie Lence and Tomazzoliare joined by fellow GRI designated brokerBrian Lence and real estate broker MelodyGamber.

Zemaitis, Williams pass AREJason Zemaitis and Nicholas Williams

from White and Borgognoni Architects, a full-service architectural firm in Carbondale,have passed the Architectural RegistrationExam.

Zemaitis has become a licensed architect inthe state of Illinois, and Williams has appliedfor licensure in the state. Zemaitis has morethan 10 years of experience with the firm, andWilliams has more than nine. Both earned abachelor’s degree in architectural studies fromSIU.

Local leaders attend

training instituteFive local residents recently participated in a

four-day inaugural executive educationtraining at Harvard University in Cambridge,Mass.

Those selected to attend from Illinois wereDale Fowler of Harrisburg, Peoples NationalBank; Michael Tison of Harrisburg, RaymondJames Financial Services; John Gulley ofSesser, Franklin County government; AngieHampton of Eldorado, Egyptian PublicHealth; and Kim Sanders of Benton, SIUSchool of Medicine Rural Health.

The Delta Regional Authority partnered withHarvard’s John F. Kennedy School ofGovernment to provide a training opportunityexclusively to the Delta Leadership Network.The program, designed and led by Harvardfaculty, focused on cutting-edge leadershipprinciples in the U.S.

Hospital receives national awardHeart attack treatment at Baptist Health

Paducah was recently recognized among thenation’s best by the American College ofCardiology.

Baptist Health is one of only 197 hospitalsnationwide to receive the NCDR (NationalCardiovascular Data Registry) ACTIONRegistry – Get With the Guidelines PlatinumPerformance Achievement Award.

Aisin announces promotionAisin Manufacturing Illinois in Marion

recently announced promotions to supportcontinued business growth and introduction ofnew products.

Promotions include Gary Willis, sectionmanager, Doors/Locks Manufacturing;Jonathon Steinsultz, section manager,Injection Manufacturing; Brad Staley, sectionmanager, Rim/Glass Manufacturing; CurtisDrake, section manager, InjectionManufacturing Engineering; Jason Green,section manager, Human Development; PaulGualdoni, assistant manager, Facilities; DanGriffith, assistant manager, InjectionManufacturing Engineering; Eric Miller,assistant manager, second shift Logistics;Walter Kirslis, assistant manager, Launch;Todd Lingner, assistant manager, QualityControl/Receiving Inspection; JustinWingate, assistant manager, Rim/GlassManufacturing; Jason Monchino, assistantmanager, Cost; and Jeff Green, assistantmanager, Information Systems.

Grant to promote dual credit

business educationSoutheastern Illinois College has been

awarded a Dual Credit Enhancement Grant bythe Illinois Community College Board. SICcurrently has dual credit arrangements with allnine of its district high schools, which allowstudents to receive college credit while still inhigh school.

Now that the college offers an Associate inApplied Science in Business Management,available 100 percent online, high schooljuniors and seniors who qualify for the EarlyCollege Program could take these onlinebusiness courses as a dual-enrolled student.

Additionally, the $7,749 grant allows SIC toform a team that includes both high school andSIC faculty and staff to create a plan for highschool business and computer courses, taughtby high school instructors, that can be takenduring high school freshman and sophomoreyears, to further prepare students for dualcredit and dual enrollment courses to be takenduring junior and senior years.

Williams

Latoz Lambert

Davis

D. Lence L. Lence Tomazzoli

Wheeler

Faces in the news

Have you been promoted? Send a photo.

Others in the business community will wantto know it, so please consider passing on your employment newsand photos to the Southern Business Journal. Feel free to email

the information to [email protected].

Faces in the news

Find more business news at www.sbj.biz.

FEBRUARY 2014 SOUTHERN BUSINESS JOURNAL 15

AchievementsPersonal Finance

recognizes employeesDiane Davis has been promoted to

branch manager of Personal FinanceCompany in Pinckneyville, Davis joinedPFC in 1974.

Stephanie Hughes and MelissaLatoz will assist Davis. Hughes recentlymoved to Pinckneyville and has abackground in banking. Latoz will workpart time when she is not working for thehome office as a trainee specialist.

Lambert named

managing partnerEly Lambert of Marion has been

promoted to managing partner forModern Woodmen of America. As amanaging partner, Lambert offers careeropportunities for local financialrepresentatives.

The Marion office is at 502 S. Court St.For more information about fraternalprograms or career opportunities, callLambert at 618-339-5339 or visitmwacareers.org.

Wheeler completes

training coursesAnn Wheeler of the Carbondale-

based Wheeler Therapeutic Massage,recently completed the John BarnesMyofascial Release Cervical-Thoracicand Rebounding courses in Chicago. Shenow qualifies as an intermediatepractitioner.

Wheeler is a licensed massagetherapist specializing in Barnes MFR forpain relief, relaxation and self care.She received a bachelor’s degree with a specialization in athletic training in1985 and has practiced as a physicaltherapist assistant since 1986. She can bereached at 618-201-2938 and viafacebook.com/wheelertherapeuticmassage.

Crocker to serve

on advisory committeeFranklin County Chairman Randall

Crocker has been elected to a four-yearterm on the Advisory Committee ofGovernmental Interinsurance Exchange,known as GIE.

As a participant of the five-membercommittee, Crocker will review currentfinancial information and riskmanagement activities and provide

feedback, ideas and suggestionsregarding GIE’s operations, products andservices. Crocker was originallyappointed to the GIE AdvisoryCommittee in 2006 and recently electedto serve for the 2014-2017 term.

Campbell honored for excellenceTammy Campbell has been named

Exceptional Employee of the Year atShawnee Professional Services, formerlyShawnee Survey & Consulting, Inc. Shewas recognized Dec. 13 at the company’sChristmas banquet.

Campbell received the honor for herservice as grant administrator forShawnee. She has been employed in thiscapacity for the last 23 years.

Headquartered in Vienna, the full-service surveying and engineering firmserves local clientele, municipalities andthe energy sector, with satellite offices inBenton and Paducah.

Bank of Whittington

earns top ratingBauerFinancial has recognized State

Bank of Whittington in Benton on its 5-star rating.

This rating, based on Sept. 30 financialdata, indicates that State Bank ofWhittington is one of the strongest banksin the nation. In fact, the bank has earneda 5-star or 4-star BauerFinancial ratingfor the last 97 consecutive quarters.

Aisin achieves safety milestoneAisin Manufacturing Illinois, LLC, in

Marion achieved a safety milestone andestablished a new plant standard as theteam surpassed 4 million hours workedwithout a lost-time accident. AMI hadpreviously achieved 1 million hours ontwo different occasions, 2 million hoursin early 2012 and 3 million hours in early2013.

Aisin Mfg. also has received sevenconsecutive safety awards from theparent company, Aisin Holdings ofAmerica.

Rajamahanty

to expand clinic hoursDr. Srinivas Rajamahanty will

expand his clinic hours at MarshallBrowning Hospital in Du Quoin andbegin offering urologic endoscopyservices.

Rajamahanty is a board certifiedurologist who began offering a clinic atMarshall Browning Hospital in July 2012.Due to the increased demand, he willoffer an additional clinic each month andoutpatient cystoscopy services at thehospital.

Mocabys join

Boondock’s Seafood Co.John and Staci Mocaby, a husband

and wife team, have accepted positions atBoondock’s Seafood Co. in Carbondale.John has been named general managerand executive chef, with Staci asassistant manager.

Originally from Southern Illinois,John’s culinary career took him toFlorida, where he worked for BRAVO,Wolfgang Puck’s Restaurant at WaltDisney Resort and the Floridian YachtClub in Naples.

Staci, a native of central Illinois, hasworked as supervisor at Walt Disney’sPlanet Hollywood, where she cateredseveral movie premiers.

Wolaver joins Barnett & LevineEaron Wolaver has joined Barnett &

Levine, CPAs. He graduated from SIU in1995 with degrees in accounting andfinance and has 17 years experience inauditing and taxation.

Barnett & Levine, founded in 1977, isacquiring the former Krehbiel &Associates LLC offices in Marion and

Eldorado, operated by Wolaver. He willcontinue to manage those offices inaddition to his involvement in theCarbondale practice.

Ron Barnett, Mort Levine and JerryStarnes will remain active in the firm.

Sheley named general managerJameson Sheley of Glen Carbon, who

has managed athletic field projects atSIU, has been named general manager ofthe sports division for the St. Louis-based Byrne & Jones Construction.

Sheley has managed some of thecompany’s largest athletic field projects,including work for SIU, SoutheastMissouri State University and SIU-Edwardsville. He earned a degree inconstruction management from SIU-Edwardsville.

A commercial paving contractor, Byrne& Jones Construction builds andmaintains parking lots, roads andhighways, athletic fields, running tracks,tennis courts, underground drainagesystems and paved surfaces.

Larry’s Towing earns

national awardLarry’s Towing, a longtime Carbondale

business, has received the AmericanTowman 500 Award.

Larry’s Towing has ranked on theTowman 500, “Most ExperiencedTowmen in America.” Compiled byAmerican Towman Magazine, the

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FEBRUARY 2014 SOUTHERN BUSINESS JOURNAL 17

The Linn decision provides a goodreason to re-evaluate if an Illinois trustcontinues to have sufficient connectionsto the state to be taxed. In particular,under Illinois law, if the grantor of a trust resides in Illinois when it becomesirrevocable, the state considers it to be anIllinois trust for tax purposes. The Linndecision effectively invalidates thatposition when a trust no longer has anyconnections to Illinois.

In the wake of the Linn decision, it isadvisable to review any trusts establishedin Illinois and ask a variety of questions,including:�Have any of the original connections

— trustee, beneficiaries or location ofassets — migrated away from Illinois, sothat there are no longer sufficientconnections with Illinois?�Does the trust agreement, like that in

Linn, allow for a power of appointmentpermitting a new trustee or trust to beestablished outside of Illinois?� If a trust has had no connections with

Illinois for many years, but has still filedIllinois returns and paid taxes, should thetrust file for refunds? Should such a trustfile a return for 2013?� Is a trust that is created by a

revocable trust of an Illinois grantor at the

grantor’s death, that otherwise has noIllinois connections, closer to atestamentary trust or inter vivos trust fortax purposes?� If a trust’s only current connection

with Illinois is a trustee who resides here,should that trustee be replaced by a non-resident?� If a trust with some connections to

Illinois is “decanted” (that is, its assetstransferred) to an out-of-state trust,would that trust cease to have theminimum connections to Illinois?

The state of Illinois has until Feb. 26 topetition the Illinois Supreme Court toreview the Linn case. But unless theSupreme Court first accepts review andthen overturns or alters the decision, itremains the law of Illinois. As such, if youare a beneficiary or a trustee of a trustoriginally created in Illinois, and there isany question as to whether the trust stillhas sufficient connections to Illinois to betaxed, you may wish to discuss the Linndecision with your trust lawyer.

E. KING POOR, a partner at Quarles & BradyLLP in Chicago, concentrates on the trial andappellate practice involving business andcommercial litigation.KIRK HOOPINGARNER is a partner in thefirm’s Trusts and Estates and Tax-ExemptOrganizations practice groups.

STATE FOCUS: Tax on trusts isunconstitutional if no connection to IllinoisFROM PAGE 5

before making any investment. Investinginvolves risk, and you may incur a profit orloss, regardless of strategy selected. Theforgoing is not a recommendation to buyor sell any individual security or anycombination of securities. Any opinionsare those of Michael P. Tison and notnecessarily those of RJFS or Raymond

James. Expressions of opinion, as of thisdate, are subject to change without notice.

MICHAEL P. TISON is a registeredprincipal/financial advisor with RaymondJames Financial Services, Inc., memberFINRA/SIPC. Raymond James has offices inMarion and Harrisburg at 37 S. Main St. Hecan be reached at 618-253-4444.

MONEY: Investing in small-cap stocksFROM PAGE 7

AchievementsTowman 500 is based on the oldestestablished towing businesses inAmerica. Larry’s Towing was establishedin 1969.

The award recognizes the nation’soldest family-run towing companieswith excellent safety records. Owned byDonna and Dan Throgmorton,Larry’s Towing is based at 820 N.Washington St.

Bank opens up new locationFirst Southern Bank has opened at

505 Commerce Drive in Carterville,making this location the first inWilliamson County for the bank.Construction for a permanent locationin Carterville will begin as early asspring.

“Carterville was an ideal location forour customers, and this new branchopening is part of First Southern Bank’scontinued commitment and approach toproviding outstanding customer serviceand convenience.” said John Dosier,president and CEO of First SouthernBank.

The Carterville banking staff bringsmore than 100 years of bankingexperience to the new First SouthernBank location.

Laura Hughes Agency honoredThe Laura Hughes Agency in

Carbondale has been designated anAllstate Premier Agency for 2013. TheAllstate Premier Agency designation isbestowed upon less than 38 percent ofAllstate’s nearly 10,000 agency ownersacross the country.

Hughes received this designation forher outstanding performance andcommitment to putting customers at thecenter of her agency’s work. The LauraHughes Agency is located at 305 S.University Ave.

Rice, O’Keefe to speak

at national conferenceSoutheastern Illinois College’s Jonah

Rice and John A. Logan College’s SteveO’Keefe have been selected aspresenters at the national conference ofthe Higher Learning Commission. Theconference will be April 10 to 14 inChicago.

Rice is president of SIC, and O’Keefeis director of college relations at JALC.The two collaborated on a project titled,“Anticipating the Community CollegeLeadership Void with an InternalDevelopment Plan.” The project is basedon an internal leadership program thatRice helped develop at SIC andO’Keefe’s doctoral research on the effectthat recent, massive retirements arehaving on community collegeleadership.

Ashe, Ross elected

to builders associationSteve Ashe from E.T. Simonds

Construction Company in Carbondalehas been elected second vice presidentof Southern Illinois BuildersAssociation, and Jerry Ross from RossConstruction, Inc., in Marion waselected as a three-year director.

Also elected were Bill Tindall ofPontoon Beach, president; Harvey Wolfof Granite City, first vice president;Kent Richardson of St. Louis,secretary/treasurer; Ken Kilian ofMascoutah, three-year director; TerryYates of Wood River, three-yeardirector; R. Mark Darr of East Alton,three-year associate director; and PatMandeville of Shiloh, three-yearassociate director.

Registration is required for screenings. Space limited.

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FEBRUARY 2014 SOUTHERN BUSINESS JOURNAL 19

Business Fine PrintBuilding permits

CarbondaleGordon Plumb, 708 S. Emerald Lane, $2,500E. Godinez and J. Mejia, 250 Kelly Rae Lane,

$60,000Muhammad Isa, 2950 Alveria Drive, $50,000Home Rentals, 504 S. Beveridge St., $1,500Sigma Pi Beta Nu, 403 W. College St., $20,000Amelia Sobery, 505 W. Pecan St., $2,500Patricia Goodman, 1107 W. Walkup Ave., $500Selective Site Consultants, 300 S. Marion St.,

$50,000Southern Illinois Healthcare, 1237 E. Main St.,

$72,500Collectibles and Things, 1301 W. Main St.,

$5,000

MarionErica Pancoast, 1012 W. Main St., $80,900

MetropolisLiberty Energy Mid-States, 615 10th St. East,

$6,000William Souders, 2 Joann Drive, $12,000Mike Souders, 606 Seventh St., $15, 250Thomas Helm, 24 Hilanoa Drive, $350Chris Cromeens, 751 12th St. East, $850Linwood Real Estate LLC.,1 Marys Lane,$5,000Metropolis Drugs II, 1201 10th St. West,

$10,000Michael Shearer, 800 Seventh St. East,$59,450

Mount VernonKirlin’s Hallmark – Times Square Mall, 417 S.

42nd St., $150,000Gallery 223 – Kip Bauer, 120 S. Ninth St.,

$160,530Dollar General, 1310 Salem Road, $6,813Dollar General, 1310 Salem Road, $600,000Archway RV Park, 9746 Illinois 15, $1,630Archway RV Park, 9746 Illinois 15, $1,947Joy Global, 4111 N. Water Tower, $7,850Wendy McClanahan, 825 Newby, $0Magnum Steel, 200 Shiloh Drive, $10,000Vaporz, 604-C S. 42nd St., $1,500Asian Buffet, 415 S. 42nd St., 419, $165,000Country Financial, 2511 Broadway, $1,890Mount Vernon Eye Care – Times Square Mall

Remodel, 3917 Broadway, $67,284Tyler Jefferson Motors,200 S. 45th St.,$16,861Vanex, Inc., 1700 Shawnee, $20,281William Cook, 101 McCauley Road, $961Central Church, 324 N. 12th St., $0Guy Henry, 625 S. 12th St., $0Ryan Lynch, 623 N. 12th St., $4,200Krazy Klowns, various locations, $0

MurphysboroLana Agnew, 604 S. 23 rd St., $2,122Chris Grither, 104 E. Walnut St., $2,600Adam Beck, 142 Ruble Drive, $5,000

Todd Pierson, 114 S. 14th St., $100,000Randy Wood, 909 N. Sixth St., $6,350Mr. Jecc, LLC, 2120 Hortense, $3,000

West FrankfortDavid and Cherri Horsley, 116 N. Benton Road,

$26,000

Bankruptcies

Chapter 7Kyle A. and Megan K.N. Brooks, P.O. Box 722,

ShawneetownBrian R. Ervin, 700 W. Parrish, HarrisburgJack H. and Sonya R. Bowsher, 501 E.

Robinson, Wayne CityCarl P. and Juanita L. Pierce, 211 Washington,

P.O. Box 65, BrownsAdam L. and Rachael M. Baggett, 235

Shawnee Drive, GorevilleBentley J. Bender, 6143 Chautauqua Road,

MurphysboroGus George and Joy Leslie Macropoulos, 307

E. Emma, ChristopherJimmy A. McGhee Jr. and Sandra J. McGhee,

611 Baggott St., ZeiglerRichard Keling, 1511 Goldenrod Road,

CoultervilleAnthony and Delois J. Ford, 1705 N. Smith St.,

MarionGary D. and Freda K. Treece, P.O. Box 162,

West SalemDonald Matthew Norman, 2230 Masonic

Cemetery Road, RaleighTyler J. and Donna M. Walters, 1104 Brook

Lane, HarrisburgDonald and Christy McClenahan, P.O. Box 435,

ElizabethtownRandall L. Leverette, 301 N. 14th St., Apt.

606, HerrinMelody Renee Olguin, 800 N. Eighth,

MurphysboroWilma J. Shadowens, 1501 Morgan Ave.,

MarionKevin R. and Trina S. Darnell, 3963 Illinois 37,

MarionMarsha Kay and Keith A. Parker, 7975 Riepe

Ridge Road, MetropolisChad F. Hudson, 1250 Old Illinois 146 Loop,

ViennaCharles Douglas and Debra Diane Hook, 86

Honeysuckle Road, MarissaWilliam H. and Kathy Chapman,800 Springville

Hill Road, JonesboroMax H. McCollum Jr., 210 N. Linden, Du QuoinPatrick R. Steinmetz, 2076 Herrin Road,

CartervilleTlisa Cargill, 126 Illinois 145 South,

GrantsburgMary F. Keller, 900 Brady Mill Road, Apt. 4C,

AnnaMichael L. and Jamie Lynn Watson, 16768 E.

Beal Road, Mount VernonDevon E. Almaroad, 19661 Illinois 14,

MacedoniaAngela M. Downen, 306A Park Ave., InaMia Elizabeth Travelstead, 16495 Illinois 37,

Johnston CityDanton W. and Melissa L. Stewart, 1314 W.

Delaware St., FairfieldJohn C. and Cathy A. Terry, 21455

Shawneetown Road, ThompsonvilleJohn D. Koval, 2306 Old Broughton Road,

EldoradoMyra L. Jones, 1913 East B St., West FrankfortSteven L. Shales, 136 Illinois 146 West,

GolcondaWillard E. Hughes II, 624 Truax Traer Road,

ElkvilleMeredith J. Harvel, 801 Laminack Road,

CartervilleDarla J. Mills, 208 S. Sixth St., ElkvilleDorothy Kathleen Eller, 1115 Oakland Ave.,

Mount VernonJeff A. and Glenda R. McKinney, 132 Hillside

Terrace, AnnaMildred Renate Isom, P.O. Box 164, RaleighLarry D. Cantrell, 1021 N. Ninth St., BentonAllan T. Nicholson, 14751 N. Paul Lane,

BlufordAmy Bigham, 75 Walton Lane, Apt. A., AnnaDaniel E. and Kristina N. Richardson, 13632

E. Bakerville, Mount VernonVicky D. Karcher, 700 N. 11th, Mount VernonBillie Jo Allen, 200 A. Harmsen Circle, Chester

Chapter 13Phillip L. and Angela M. Bailey, 419 N.

Thompson St., Carrier MillsRoxanne Bryant, 11268 Linck Road, MarionJohn A. and Darla B. Shelby, 605 First St.,

CartervilleJames L. White, 203 E. Boulevard, MarionGerald T. and Ellen L. Gooden, 401 W. Grand,

CartervilleJoshua Cluck, 1315 Pearl Ave., CentraliaPhilip A. Wilkerson, 710 E. Taylor, BentonJohn Michael and Gloria D. Gwaltney, 370

Country Acres Lane, EldoradoDonald L. and Sharon L. Greathouse, 106 W.

Seventh, West FrankfortGregory Brandon, 921 N. Marion, CarbondaleShantone M. Edwards,702 Fourth St.,MoundsSteven J. and Katrina G. Barnes, P.O. Box 228,

GorevilleDaniel A. and Stacy L. Bertrand, 2884 Tick

Ridge Road, Grand ChainRita J. McCluskey,14558 Blackie Lane,MarionDetrick Woods, 503 N. Miller St., SpartaThomas A. and Sherry L. Stevers, 5505 Illinois

154, PinckneyvilleCarie L. Markus, 1303 White Pine Lane,

MetropolisJonathan A. Owens, 92 Blossom Lane,

Carbondale

Penny S. Ferrari, 202 Mill St., BentonDanny W. and Dawn N. Stephens, 1130

Chestnut St., Mount CarmelAnitra D. Burris, 121 Second St., MoundsHelen J. Willett, P.O. Box 141, LoganJessica G. Manus, 408 E. Cross St., DongolaStacy R. Brown, 401 S. Charles, SteelevilleDavid A. and Shandale Bloodworth, 502 N.

Eighth, HerrinEmery L. Bond, 590 Hocbriar Court,

CarbondaleCleta Jo Shirley, 5898 Winterser Drive,

CartervilleTina S. Acree, 511 Pearl St., Mound CityDale R. and Stacey J. Yates, 302 Sixth St.,

PercyRicardo and Irma Z. Villagomez, 17264

Williams Road, TammsLinda L. Stefan, 14562 N. Concordia,

WoodlawnJoseph B. McClanahan, P.O. Box 76, TamaroaTimmy L. Scroggins, P.O. Box 68, ChristopherMarcus W. and Cassandra A. Rush, 600 S.

Emma St., ChristopherFran L. and Andrea L. Rice, 250 Elkins Lane,

ViennaSherman and Kendra Taylor, 4194 Sycamore

St., CartervilleWeston L. and Rhonda A. Mescher, 721 Joppa

Road, MetropolisJoshua J. and Kimberly M. Wougamon, 516 N.

Stephen Drive, MurphysboroHarley T. Roehm, 21654 Benton St.,

ThompsonvilleDarren W. and Tina Marie Lovel, 8099 Bluebird

Road, Tamaroa

Saturday, March 15thSIU Arena in Carbondale7:00pm-All Seats Reserved

$18.00 $24.00$30.00 $35.00

$50.00

Select Your Seat atSIUtickets.comor call toll-free1-877-Salukis