ISACo News and Views Newsletter for April 12, 2019

April 12, 2019

ISACo News and Views

This Illinois State Association of Counties (ISACo) weekly News and Views newsletter reports on an initial legislative step to place a constitutional amendment on the ballot concerning a graduated income tax, offers a statement about legislation intended to provide additional authority to county board chairpersons, includes legislation of interest that advanced during the past week, provides links to ISACo's social media platforms, looks at key upcoming dates on the legislative calendar and invites counties to join ISACo.

Previously published News and Views newsletters are available via this link.

Please visit our website (www.isacoil.org) for additional resources and information.

Graduated Income Tax Constitutional Amendment Clears Initial Hurdle

On Wednesday, April 10, the Illinois Senate Executive Committee approved legislation that would, if passed by both chambers and approved by voters during a referendum, amend the Illinois Constitution to allow for an alternative to the state's current flat income tax. The vote was along party lines, with Democrats supporting and Republicans opposing the legislation.

The legislation, Senate Joint Resolution Constitutional Amendment (SJRCA) 1 ( available via this link ) sponsored by Senator Harmon (D-Oak Park), does not include specific income tax rates. If voters were to approve a ballot question in November 2020 to amend the Illinois Constitution (step 1), the General Assembly and Governor would have the authority to establish graduated income tax rates following the enactment of legislation into law (step 2).

Governor Pritzker and his legislative allies support a tax system that will impose increased income tax rates on higher incomes. The additional revenue anticipated from the increased income tax rates would be used to address the state's annual budget shortfall.

At this stage of the process there has not been much discussion about how a graduated income tax would impact Local Government Distributive Fund (LGDF) revenue. Counties and municipalities receive a percentage of state income tax revenue in the form of LGDF distributions (5.75% of individual income tax collections and 6.50% of corporate income tax collections). If the Illinois Constitution is successfully amended and if a graduated income tax system is enacted into law, ISACo will advocate for a share of the additional revenue generated.

Proposed constitutional amendments must be approved by a three-fifths vote in each chamber. Following General Assembly approval, the issue is placed on the ballot during the next General Election and must be approved by either three-fifths of those voting on the question or a majority of those voting in the election.

SJRCA 1 is presently on Third Reading in the Senate and will be considered when the Senate returns following a two-week recess that begins next week.

Statement on HB 3596 - Expanded County Board Chair Authority

This week amendments were filed for HB 3596 ( available via this link ) proposing a significant expansion of authority for county board chairpersons in non-home rule counties. Upon reviewing the amendments, staff provided a summary update to the ISACo Board of Directors and requested direction as to what position ISACo should take on the amendments. The Board communicated to staff that ISACo should oppose the amendments.

The proposed amendments also include several provisions found in other bills intended to address specific issues. ISACo has not taken a position on those particular provisions.

HB 3596 did not receive a hearing this week and the bill was referred to the House Rules Committee. It is uncertain at this time whether an amendment with similar provisions will be considered later this spring.

ISACo opposes the proposed changes that would alter the current scope and balance of authority between non-home rule county board members and county board chairpersons. With respect to HB 3596, ISACo's position is an affirmation that existing authorities and responsibilities remain as they are under current law. Changes to these powers are more appropriately discussed and addressed at the local level on a county-by-county basis.

Furthermore, while not the intended result, the provisions within the proposed amendments that would have the state transferring power and authority from county board members to county chairpersons are proving divisive among many elected county officials. ISACo is an organization that seeks to provide a forum for county officials with distinct yet important roles and functions. In serving its members, ISACo strives to foster harmonious relationships among county officials while channelling their collective influence and vision toward policies that empower counties to fulfill their mission to provide excellent service to their customers.

ISACo is appreciative that the sponsor of the amendments reached out to provide ISACo with an opportunity to fully explain our opposition. This openness and dialogue is important and we value our relationship with the sponsor and other members of the General Assembly. Thanks.

Joe McCoy

Executive Director

Legislation Approved by One or Both Chambers

The following ISACo-tracked bills were approved in the House and/or Senate during the week of April 8-12.

Bills Approved by the Senate

Attorney General Worker Protection Unit (Senator Curran, R-Woodridge/Representative Hoffman, D-Belleville)

Senate Bill 161 ( available via this link ) would a mend the Attorney General Act to create the Worker Protection Unit within the Office of the Illinois Attorney General to intervene in, initiate, enforce and defend all criminal or civil legal proceedings on matters and violations relating to specified statutes. Specifies that the Unit shall be dedicated to combating businesses that underpay their employees, force their employees to work in unsafe conditions, and gain an unfair economic advantage by avoiding their tax and labor responsibilities. Specifies that the Unit shall have the power and duty to intervene in, initiate, and enforce all legal proceedings on matters related to the payment of wages, the safety of the workplace, and fair employment practices. Provides that the Office of the Attorney General may use information obtained by the Worker Protection Unit for law enforcement purposes only. The bill was approved by the Senate and will next be considered in the House.

Motor Fuel Tax Mandate (Senator Harris, D-Harvey/Representative Buckner, D-Chicago)

Senate Bill 177 ( available via this link ) would amend the Motor Fuel Tax (MFT) Law to provide that, for each fiscal year beginning on or after July 1, 2021, if a municipality, county, or road district received a motor fuel tax distribution totaling more than $1,000,000 in the previous fiscal year, then, in order to receive a distribution for the current fiscal year, that municipality, county, or road district must certify to the Department of Transportation that it has established a minority-owned, women-owned, and veteran-owned business enterprise program that meets or exceeds the requirements of the Department of Central Management Services Business Enterprise Program. The Department of Central Management Services shall establish a model business enterprise program for the procurement of contracts by municipalities, counties and road districts. The bill was approved by the Senate and will next be considered in the House. ISACo is opposed to the bill as drafted because it could endanger MFT distributions to counties.

Court Reporters Act-Various (Senator Sims, D-Chicago/Representative Hoffman, D-Belleville)

Senate Bill 397 ( available via this link ) would amend the Court Reporters Act to delete language providing specific factors to consider when determining how many court reporters are needed in each circuit. Provides that the employer representative may authorize the chief judge of any circuit to appoint administrative, supervisory, and clerical staff when a need for such positions has been substantiated (rather than to appoint or designate a court reporter to a specific position). Provides that the audio or video recording system utilized by the court shall be approved by the Supreme Court. Deletes language providing that a court reporter shall not be in charge of an audio or video recording system where the system is the judge's personal property or has been supplied by a party or a party's attorney. Makes other changes concerning transcripts and the proficiency of court reporters. The bill was approved by the Senate and will next be considered in the House.

County Jail Good Behavior (Senator Cunningham, D-Chicago/Representative Hurley, D-Chicago)

Senate Bill 416 ( available via this link ) would a mend the County Jail Good Behavior Allowance Act to provide that if the disciplinary board sustains charges of assault or battery on a peace officer or public indecency, the warden may revoke up to 90 days of accumulated pre-trial custody credit or good behavior allowance and up to 365 days may be revoked for any second or subsequent sustained charges of these offenses. The bill was approved by the Senate and will next be considered in the House.

Equitable Restrooms Act (Senator Bush, D-Grayslake/Representative Yingling, D-Round Lake Beach)

Senate Bill 556 ( available via this link ) would a mend the Equitable Restrooms Act to provide that every single-occupancy restroom in a place of public accommodation or public building shall be identified as all-gender and designated for use by no more than one person at a time or for family or assisted use. Provides that "place of public accommodation" has the meaning provided in the Illinois Human Rights Act. Provides that each single-occupancy restroom shall be outfitted with exterior signage that marks the single-occupancy restroom as a restroom that does not indicate any specific gender. Provides that these provisions apply to any existing or future places of public accommodation or public buildings. Provides that during an inspection of a place of public accommodation or public building by a health officer or health inspector, the health officer or health inspector may inspect the place of accommodation or public building to determine whether it complies. The bill was approved by the Senate and will next be considered in the House.

PTELL Referendum Extension (Senator Harmon, D-Oak Park)

Senate Bill 685 ( available via this link ) would amend the Property Tax Extension Limitation Law in the Property Tax Code to provide that, on and after January 1, 2020, a referendum to increase the district's aggregate extension for up to 4 consecutive levy years may be submitted to the voters. The bill was approved by the Senate and will next be considered in the House.

First Responders Suicide Prevention Act (Senator Link, D-Gurnee/Representative Hurley, D-Chicago)

Senate Bill 730 ( available via this link ) would c reate the First Responders Suicide Prevention Act to provide that emergency services personnel and public safety personnel may refer any person to an employee assistance program or peer support counselor within the emergency services provider or law enforcement agency, or if those services are not available within the agency, to another employee assistance program or peer support counseling program that is available. Provides that any communication made by a participant or counselor in a peer support counseling session conducted by a law enforcement agency or by an emergency services provider for public safety personnel or emergency services personnel and any oral or written information conveyed in the peer support counseling session is confidential and may not be disclosed by any person participating in the peer support counseling session. Provides exemptions. Amends the Department of State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act to require training programs for police to recognize signs of work-related cumulative stress and other related issues that may lead to suicide and offer appropriate solutions for intervention. Provides that minimum in-service training requirements, which a police officer must satisfactorily complete every 3 years shall include officer wellness. Makes other changes. This bill is similar to HB 2766. The bill was approved by the Senate and will next be considered in the House.

Records - Public Inspection (Senator Weaver, R-Peoria)

Senate Bill 1007 ( available via this link ) would a mend the Recorder Division of the Counties Code to provide that certificates of discharge and other specified documents relating to military service that have been recorded by a county clerk or recorder of deeds shall be made available for public inspection and copying in accordance with the archival schedule adopted by the National Archives and Records Administration and subject to redaction of information that is considered private under the Illinois Freedom of Information Act, the Federal Freedom of Information Act, and the Federal Privacy Act. The bill was approved by the Senate and will next be considered in the House.

County-Remove Imminent Hazard (Senator Bush, D-Grayslake/Representative Yingling, D-Round Lake Beach)

Senate Bill 1114 ( available via this link ) would a mend the Counties Code to provide that if a county finds that an imminent hazard to the public health or safety exists arising from an unfit condition involving a property of one acre or less which requires immediate action to protect the public health or safety, it may bring an action, without bond, for immediate injunctive relief, including causing the removal of unhealthy or unsafe accumulations or concentrations of the following: garbage; organic materials in an active state of decomposition, including, but not limited to, carcasses, food waste, or other spoiled or rotting materials; human or animal waste; debris; or other hazardous, noxious, or unhealthy substances or materials from a structure or property. Provides that a county may file a notice of lien for the cost and expense of actions taken. Requires a county to file with the circuit court a petition for an order authorizing the abatement of the condition that is causing the threat to health or safety, including provisions concerning notice and hearing regarding the petition. The bill was approved by the Senate and will next be considered in the House. ISACo Supports

Criminal Code Eavesdropping Extension (Senator Muñoz , D-Chicago/Representative Costello, D-Red Bud)

Senate Bill 1139 ( available via this link ) would a mend the Criminal Code of 2012 to extend from January 1, 2020 to January 1, 2023, the date of the inoperability of the eavesdropping exemption that provides with prior request to and written or verbal approval of the State's Attorney of the county in which the conversation is anticipated to occur, recording or listening with the aid of an eavesdropping device to a conversation in which a law enforcement officer, or any person acting at the direction of a law enforcement officer, is a party to the conversation and has consented to the conversation being intercepted or recorded in the course of an investigation of a qualified offense as defined in the exemption. The bill was approved by the Senate and will next be considered in the House.

Jurisdiction Over Sexual Harassment Allegations (Senator Murphy, D-Des Plaines/Representative Conroy, D-Villa Park)

Senate Bill 1223 ( available via this link ) would a mend the State Officials and Employees Ethics Act to provide that the Executive Ethics Commission and the Executive Inspector General appointed by the Governor shall have jurisdiction over allegations of sexual harassment made by an elected official of a unit of local government against another elected official of a unit of local government if the unit of local government has not adopted a sexual harassment policy that includes an Inspector General with jurisdiction. Provides that any policy to prohibit sexual harassment adopted by a governmental entity shall be subject to the jurisdiction of the Executive Ethics Commission and the Executive Inspector General appointed by the Governor regarding sexual harassment allegations made by an elected official of a unit of local government against another elected official of a unit of local government if the unit of local government has not adopted a sexual harassment policy that includes an Inspector General with jurisdiction. The bill was approved by the Senate and will next be considered in the House.

Local Government Officer Compensation (Senator Link, D-Gurnee/Representative Didech, D-Buffalo Grove)

Senate Bill 1236 ( available via this link ) would amend the Counties Code to provide that a member of a county board shall not receive a salary or other compensation from the county if the member is receiving pension benefits from the Illinois Municipal Retirement Fund for the member's service as a county board member. Provides that if a member of the county board is receiving pension benefits from the Illinois Municipal Retirement Fund on the effective date of the amendatory Act, the member's salary and compensation shall be reduced to zero at the beginning of the member's next term. The bill also amends the Local Government Officer Compensation Act to provide an elected officer of a unit of local government shall not receive a salary or other compensation from the unit of local government if the member is receiving pension benefits from the Illinois Municipal Retirement Fund for the elected official's service in that same elected position. Provides that if an elected official is receiving pension benefits from the Illinois Municipal Retirement Fund on the effective date of the amendatory Act, the official's salary and compensation shall be reduced to zero at the beginning of the member's next term. Limits home rule powers. The bill was approved by the Senate and will next be considered in the House. ISACo Opposes

Nursing Home Care Act-Various (Senator Collins, D-Chicago/Representative Moeller, D-Elgin)

Senate Bill 1510 ( available via this link ) would amend the Nursing Home Care Act concerning light intermediate care staffing to provide that for purposes of minimum staffing ratios, all residents shall be classified as requiring either skilled care or intermediate care. Provides that the Department of Public Health shall adopt rules on or before January 1, 2020 establishing a system for determining compliance with minimum direct care staffing standards and establishing penalties for noncompliance with minimum direct care staffing ratios. Provides that a facility that has received a notice of violation for having violated the minimum staffing requirements shall display a notice stating that the facility did not have enough staff to meet the needs of the facility's residents during the quarter cited in the notice of violation. Provides that a prescribing clinician must obtain voluntary informed consent, in writing, from a resident or the resident's surrogate decision maker before authorizing the administration of a psychotropic medication to that resident. Provides that a violation of certain provisions concerning informed consent is a Type "A" violation and shall serve as prima facie evidence of abuse or criminal neglect of a person in a long-term care facility under the Criminal Code of 2012. Provides that no facility or managed care plan shall deny admission or continued residency to a person or resident based on the refusal of the administration of psychotropic medication, unless the prescribing clinician or facility can demonstrate that the resident's refusal would place the health and safety of the resident, the facility staff, other residents, or visitors at risk. The bill was approved by the Senate and will next be considered in the House.

Local PPRT Revenue (Senator Tracy, R-Quincy/Representative Walsh, D-Joliet)

Senate Bill 1552 ( available via this link ) would provide that school districts having Personal Property Tax Replacement (PPRT) Fund receipts totaling 13% or more of their total revenues in fiscal year 2018 are entitled to the additional distribution. The bill provides that the additional distribution shall be made only in fiscal year 2020 and shall be 19% of the total amount distributed to the school district from the Personal Property Tax Replacement Fund during fiscal year 2018. Provides that the total amount of additional distributions shall not exceed $4,769,101. The bill was approved by the Senate and will next be considered in the House. ISACo Opposes

Coroner-Sudden Infant Death (Senator Rezin, R-Morris/Representative Bennett, R-Pontiac)

Senate Bill 1568 ( available via this link ) would amend the Coroner Division of the Counties Code to require an autopsy of an infant under one year of age (rather than 2 years of age) who has died suddenly and unexpectedly and the circumstances concerning the death are unexplained following investigation (rather than just unexplained). Replaces references to sudden infant death syndrome with references to both sudden unexpected infant death and sudden infant death syndrome in provisions about reporting suspected cases and identification on the death certificate. Requires the Department of Public Health to develop and require the use of a form by coroners in the case of a death of an infant in which the cause of death is sudden unexpected infant death or sudden infant death syndrome. Provides that the form shall contain specified information to be recorded after a preliminary investigation. Requires the Department to publish current information concerning sudden unexpected infant death and sudden infant death syndrome. Provides that, at least once every 5 years, the Department shall review the form and determine whether updates need to be made for effectiveness and relevancy. The bill was approved by the Senate and will next be considered in the House.

Counties-Adult Entertainment (Senator Curran, R-Woodridge/Representative Wehrli, R-Naperville)

Senate Bill 1580 ( available via this link ) would amend the Counties Code to provide that a non-home rule county with a population of at least 900,000 may adopt an ordinance with reasonable regulations concerning the operation of an adult entertainment facility in unincorporated areas of the county that involves exposure of specified anatomical areas or performance of specified sexual activities by a person within the business' premises or that offers or provides sexually-oriented entertainment services or activities. Provides if the county has established a licensing program as part of its regulation of adult entertainment facilities, the findings, decision, and orders of the licensing official or licensing body is subject to review in the Circuit Court of the county and that the Administrative Review Law apply to and govern the judicial review. Allows a code hearing unit of non-home rule counties with a population of at least 900,000 to enforce and prosecute violations of the adult entertainment facilities ordinance through its administrative adjudication program. The bill was approved by the Senate and will next be considered in the House. ISACo Supports

Workplace Transparency Act (Senator Bush, D-Grayslake/Representative Willis, D-Northlake)

Senate Bill 1829 ( available via this link ) would c reate the Workplace Transparency Act to provide provisions for: prohibitions; voidable agreements; unconscionable terms; settlement or separation agreements; enforcement; application; limitations; and severability. Makes conforming changes in the Uniform Arbitration Act. Amends the Illinois Human Rights Act. Provides that it is a civil rights violation for an employer to engage in: harassment; harassment of nonemployees in the workplace; and sexual harassment of nonemployees in the workplace. Provides that beginning July 1, 2020, each employer shall disclose specified information to the Department of Human Rights. Provides that the Department shall produce a model sexual harassment prevention training program aimed at the prevention of sexual harassment in the workplace. Provides provisions for: civil penalties; failure to report; and failure to train. Makes conforming changes in the Freedom of Information Act and the Victims' Economic Security and Safety Act. Creates the Sexual Harassment Victim Representation Act. Provides that in any proceeding in which a victim who is a member of a union has accused a perpetrator who is a member of the same union, the victim and the perpetrator may not be represented in the proceeding by the same union representative. The bill was approved by the Senate and will next be considered in the House.

Public Defender Bail Program (Senator Sims, D-Chicago/Representative Slaughter, D-Chicago)

Senate Bill 1966 ( available via this link ) would amend the State Appellate Defender Act to create the Public Defender Bail Reform Grant Program to assist county public defenders in implementing a provision of the Code of Criminal Procedure of 1963 which requires counsel at bail hearings. Provides that the Public Defender Bail Reform Grant Program is to be administered by the State Appellate Defender, under the direction of the State Appellate Defender Commission. Provides that the State Appellate Defender shall request funds for this grant program within its annual appropriation. Provides for eligibility and administration of the grant program. Makes other changes. The bill was approved by the Senate and will next be considered in the House.

Jails and Prisons-Voting (Senator Aquino, D-Chicago/Representative Welch, D-Westchester)

Senate Bill 2090 ( available via this link ) would amend the Election Code to provide that each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voting by mail for voters eligible to vote in the county who are confined or detained in the county jail. The bill amends the Counties Code to provide that each election authority shall collaborate with the county jail within the jurisdiction of the election authority to facilitate voter registration for voters eligible to vote in that county who are confined or detained in the county jail. Provides that a county jail shall provide a voter registration application to any person in custody at the jail who requests an application and is eligible to vote. Amends the Unified Code of Corrections and Counties Code. Provides that upon discharge from a county jail or release from the Department of Corrections, a person shall be provided with a voter registration form. Provides that the Department, each county jail, and each county probation office shall provide an individual in its custody with specified information on voting rights. The bill was approved by the Senate and will next be considered in the House.

Certified Shorthand Reporters (Senator Harmon, D-Oak Park/Representative Zalewski, D-Riverside)

Senate Bill 2128 ( available via this link ) would a mend the Illinois Certified Shorthand Reports Act of 1984 to change the title and allow for certification of voice writer reporters. Amends the Code of Civil Procedure. Provides that unless a verbatim record of the testimony or deposition is prepared and certified by an individual certified under the Illinois Certified Shorthand Reporters and Voice Writer Reporters Act, no testimony taken by deposition shall be offered in any court and no testimony offered in the record of administrative proceedings shall be offered. Provides that testimony taken outside of the State shall be deemed to be in conformity with the provisions if the testimony was prepared and certified by a court reporter authorized to prepare and certify deposition testimony in the jurisdiction in which the testimony was taken. The bill was approved by the Senate and will next be considered in the House.

FOIA-Arrest/Criminal Records (Senator Link, D-Gurnee/Representative Hoffman, D-Belleville)

Senate Bill 2135 ( available via this link ) would amend the Freedom of Information Act to exempt a law enforcement record that is (i) created by a law enforcement agency other than the law enforcement agency that is the recipient of the request; and (ii) attached as an exhibit to a law enforcement record created by the law enforcement agency that is the recipient of the request, if the law enforcement agency notifies the requestor of the additional law enforcement records available from different law enforcement agencies and the law enforcement agencies the requestor may contact to obtain records not produced by the law enforcement agency that is the recipient of the request. The bill was approved by the Senate and will next be considered in the House.

Complete Streets Act (Senator Villivalam, D-Chicago/Representative Moylan, D-Des Plaines)

Senate Bill 2144 ( available via this link ) would create the Complete Streets Act to require the Department of Transportation to use federal or State funds allocated for transportation projects to improve safety, access, and mobility for users of the various modes of transportation. Creates the Complete Streets Advisory Board. Provides that the Governor shall appoint members representing various agencies, organizations, or interest groups to the Advisory Board. Provides that the Advisory Board, in coordination with a representative or representatives of the Department, shall prepare a report on the status of the implementation of the Complete Streets Initiative. Provides that the Advisory Board shall submit its initial report and recommendations to the Governor, the Department, and the General Assembly on or before January 1, 2021, and annually on January 1 of each subsequent year. Defines the terms "Advisory Board", "Department", "multimodal", "multimodal planning or multimodal transportation planning", and "user or users". The bill was approved by the Senate and will next be considered in the House.

Bills Approved by the House

Property Tax Notice (Representative Walsh, D-Joliet/Senator Barickman, R-Bloomington)

House Bill 250 ( available via this link ) amends the Property Tax Code and the Mobile Home Local Services Tax Enforcement Act to provide that a county with fewer than 3,000,000 inhabitants may, by joint agreement, combine its tax sale with the tax sale of one or more other contiguous counties. Provides that a joint tax sale shall be held at a location in one of the participating counties. The bill was approved by the House and will next be considered in the Senate.

First Responder Endangerment (Representative Willis, D-Northlake/Senator Sandoval, D-Cicero)

House Bill 841 ( available via this link ) would amend the Criminal Code of 2012 to create the offense of first responder endangerment. Provides that a person commits the offense when he or she knowingly creates a dangerous condition and intentionally conceals the dangerous condition in a commercial property under his or her management or operational control and the dangerous condition is found to be the primary cause of the death or serious bodily injury of a first responder in the course of his or her official duties. Provides that a violation is a Class 4 felony. Defines various terms. The bill was approved by the House and will next be considered in the Senate. ISACo Supports

County School Facility Tax (Representative Crespo, D-Hoffman Estates/Senator T. Cullerton, D-Villa Park)

House Bill 1561 ( available via this link ) would amend the Counties Code to provide that counties may impose a tax to be used exclusively for school facility purposes, school resources officers, or mental health professionals (rather than exclusively for school facility purposes). Adds referendum language to levy, reduce, or discontinue the tax. Amends the School Code to make conforming changes and to provide that if a school district having a population of less than 500,000 inhabitants determines that it is necessary for school security purposes and the related protection and safety of pupils and school staff to hire a school resource officer or that personnel costs for school counselors, mental health experts, or school resource officers are necessary, the district may levy a tax or issue bonds as provided under a provision in the Code authorizing a school board to levy a tax or to borrow money and issue bonds for fire prevention, safety, energy conservation, accessibility, school security, and specified repair purposes if funds are not needed for those other purposes. Makes other changes. The bill was approved by the House and will next be considered in the Senate.

Vehicle Code - Highway Designations (Representative Marron, R-Danville/Senator Sandoval, D-Cicero)

House Bill 2182 ( available via this link ) would amend the Illinois Vehicle Code. Deletes language allowing the Department of Transportation to designate streets or highways in the system of State highways as Class III highways and makes changes governing the designation of Class II highways. Deletes language regarding: the maximum length of vehicles on all non-State highways; and the highways that vehicles not exceeding 65 feet in overall length are allowed to access. Provides that combinations of vehicles over 65 feet in length with no overall length limitation are allowed certain access if there is no sign prohibiting access and the route is not being used as a thoroughfare between Class I or Class II highways. Provides that the maximum length limitation on non-designated highways for a truck tractor in combination with a semitrailer is 65 feet overall dimension and 60 feet overall dimension for a truck tractor-semitrailer-trailer or truck tractor semitrailer-semitrailer. Provides that length limitations do not apply on legal holidays and for a tow truck in combination with a disabled vehicle or combination of disabled vehicles. Provides that a unit of local government shall affirm to the Department if it has no Class II designated truck routes. Provides that units of local government may report to the Department, and the Department shall post on its website, any limitations prohibiting the operation of vehicles imposed by ordinance or resolution in the unit of local government's non-designated highway system. Provides that, to be effective, an ordinance or resolution designating a Class II roadway need not require that signs be erected, but the designation shall be reported to the Department. Repeals a provision that requires local units of government to report to the Department all preferred truck routes, designated truck route networks, or whether there are no such truck routes. The bill was approved by the House and will next be considered in the Senate.

Criminal and Traffic Assessment Act-Funds (Representative Greenwood, D-East St. Louis/Senator Belt, D-East St. Louis)

House Bill 2497 ( available via this link ) would amend the Criminal and Traffic Assessment Act. Provides that in each county in which Court Appointed Special Advocates provide services, a Court Appointed Special Advocates Fund is specifically for the operations of the Court Appointed Special Advocates, from which the county board shall make grants to support the activities and services of the Court Appointed Special Advocates within that county. Effective July 1, 2019. The bill was approved by the House and will next be considered in the Senate.

Statewide Gang Database-Repeal (Representative Slaughter, D-Chicago/Senator Van Pelt, D-Chicago)

House Bill 2519 ( available via this link ) would create the Law Enforcement Gang Database Information Act to provide that each law enforcement agency that maintains a gang database or has access to a shared gang database shall have a policy regarding those databases. Provides that the policy shall include, but not be limited to: (1) that personnel authorized to access a gang database or shared gang database are limited to sworn law enforcement personnel, non-sworn law enforcement support personnel, criminal justice entities, or non-criminal justice technical or maintenance personnel, including information technology and information security staff and contract employees, who have been subject to character or security clearance and who have received approved training; (2) any records contained in a gang database, shared gang database, gang-related information in a law enforcement agency case report, gang-related information in a law enforcement agency dispatch note, or gang-related information in a law enforcement agency dispatch system record shall not be disclosed for the following purposes: employment, education, licensing, or housing, except that law enforcement and criminal justice entities may use information contained in a gang database or shared gang database for employment purposes, and records contained in a gang database or shared gang database may be disclosed to comply with federal law, for national security or homeland security purposes, for military screening purposes, or for other appropriate law enforcement purpose; (3) security procedures; and (4) the review and purge process from gang databases and shared gang databases. Defines terms. Amends the Code of Criminal Procedure of 1963. Provides that in all criminal cases, evidence which indicates the mere presence that the person was or is on a gang database or a shared gang database is not admissible. The bill was approved by the House and will next be considered in the Senate.

Public Defender-Task Force (Representative Stava Murray, D-Downers Grove)

House Bill 2562 ( available via this link ) would remove a requirement that the Governor appoint at least one Task Force member from the Legal Resources Division of the Office of the Cook County Public Defender. Provides that the Governor shall appoint 5 (rather than 3) public defenders or assistant public defenders to the Task Force from 5 (rather than 3) counties other than Cook County. The bill was approved by the House and will next be considered in the Senate.

Circuit Courts-Cook Subcircuits (Representative Arroyo, D-Chicago)

House Bill 2625 ( available via this link ) would a mend the Circuit Courts Act to provide that in 2021, the General Assembly shall redraw the boundaries of the subcircuits of the Circuit of Cook County to reflect the results of the 2020 federal decennial census. Provides that a resident judgeship assigned to a subcircuit shall continue to be assigned to that subcircuit. Provides that any vacancy in a resident judgeship existing on or occurring after the effective date of a law redrawing the boundaries of the subcircuits shall be filled by a resident of the redrawn subcircuit. The bill was approved by the House and will next be considered in the Senate.

IEPA-Water Revolving Fund (Representative Rita, D-Blue Island/Senator Sims, D-Chicago)

House Bill 2650 ( available via this link ) would amend the Environmental Protection Act to provide that, beginning on the effective date of the amendatory Act, and running for a period of 5 years after that date, the Environmental Protection Agency shall prioritize within its annual intended use plan the usage of a portion of the Agency's capitalization grant for federally authorized set-aside activities. Provides that the prioritization is for the purpose of supporting disadvantaged communities and utilities throughout Illinois in building their capacity for sustainable and equitable water management. Provides specified methods of support. The bill was approved by the House and will next be considered in the Senate.

Aviation Fuel Tax (Representative Zalewski, D-Riverside/Senator Hutchinson, D-Olympia Fields)

House Bill 2682 ( available via this link ) would amend the State Finance Act to create the State Aviation Program Fund, the Local Government Aviation Trust Fund and the Aviation Fuel Sales Tax Refund Fund. Provides that moneys in the State Aviation Program Fund shall be used by the Department of Transportation for the purposes of administering a State Aviation Program. Provides that the State Aviation Program shall include grants to units of local government for airport-related purposes. Provides that moneys in the Local Government Aviation Trust Fund shall be used by units of local government for airport-related purposes. Amends the Motor Fuel Tax Law to provide that certain money received by the Department of Revenue for aviation fuel sold or used on or after December 1 shall be deposited into the State Aviation Program Fund. Amends the Innovation Development and Economy Act, the Counties Code, the Illinois Municipal Code, the Civic Center Code, the Flood Prevention District Act, the Metro-East Park and Recreation District Act, the Local Mass Transit District Act, the Regional Transportation Authority Act, and the Water Commission Act of 1985. Prohibits certain local retailers' occupation taxes on aviation fuel unless the unit of local government has an airport-related purpose. The bill was approved by the House and will next be considered in the Senate.

First Responders Suicide Prevention Act (Representative Hurley, D-Chicago/Senator Link, D-Waukegan)

House Bill 2766 ( available via this link ) would create the First Responders Suicide Prevention Act to provide that an emergency services provider, law enforcement agency, union, or other entity providing counseling support, referrals, information, or other social services to public safety personnel or emergency services personnel that creates an employee assistance program is subject to the Act. Provides for applicability and exemptions in the Act. Amends the Counties Code and Municipal Code. Requires employment of at least one mental health specialist for every 1,000 persons employed for sheriff offices, police departments, and firefighter stations. Amends the Department of Natural Resources Act, Department of State Police Law of the Civil Administrative Code of Illinois, the Counties Code, and the Probation and Probation Officers Act. Provides that the employer of a Conservation Police officer, State Police officer, law enforcement officer, or probation officer shall not make possession of a Firearm Owner's Identification Card a condition of continued employment if the officer's Firearm Owner's Identification Card is revoked or seized because the officer has been a patient of a mental health facility and the officer has not been determined to pose a clear and present danger to himself, herself, or others as determined by a physician, clinical psychologist, or qualified examiner. Provides that a collective bargaining agreement already in effect on this issue on the effective date of the amendatory Act cannot be modified, but on or after the effective date of the amendatory Act, the employer cannot require a Firearm Owner's Identification Card as a condition of continued employment in a collective bargaining agreement. Amends the Uniform Peace Officers' Disciplinary Act. Provides that the employer shall document if and why an officer has been determined to pose a clear and present danger. This bill is similar to SB 730. The bill was approved by the House and will next be considered in the Senate.

Nursing Home-Offset Fines (Representative Unes, R-Pekin/Senator Collins, D-Chicago)

House Bill 3035 ( available via this link ) would amend the Nursing Home Care Act to provide that if a licensee has a civil monetary penalty imposed (rather than having paid a civil monetary penalty that has been imposed) pursuant to the Medicare and Medicaid Certification Program for the equivalent federal violation giving rise to a fine under specified provisions of the Act, the Department of Public Health shall offset the fine by the amount of the civil monetary penalty. The bill was approved by the House and will next be considered in the Senate.

PTELL Referendum (Representative Hernandez, D-Cicero/Senator Harmon, D-Oak Park)

House Bill 3096 ( available via this link ) would amend the Property Tax Extension Limitation Law in the Property Tax Code to provides that, as an alternative to certain other procedures, a taxing district may increase its aggregate extension if the taxing district obtains referendum approval as provided in the amendatory Act. The bill was approved by the House and will next be considered in the Senate.

Open Meetings Act-Notice (Representative Halbrook, R-Shelbyville/Senator Rose, R-Champaign)

House Bill 3147 ( available via this link ) would amend the Open Meetings Act to provide that if a change is made concerning regular meeting dates, times, or locations (currently, only change in dates), at least 10 days' notice of such change shall be given by publication in a newspaper of general circulation in the area in which such body functions. At least 10 days' notice of a change made in regular meeting dates, times or locations may also be provided on the website of a public body in addition to providing notice in a newspaper, or in lieu of providing notice in a newspaper if there is no such newspaper of general circulation in the area in which the public body functions. The bill was approved by the House and will next be considered in the Senate.

Raffles/Poker Runs-Various (Representative Rita, D-Blue Island/Senator Syverson, R-Rockford)

House Bill 3334 ( available via this link ) would amend the Raffles and Pokers Runs Act to provide that raffles shall be governed by the governing body of the municipality or county with jurisdiction over the location where the winning chances in the raffle are determined. Provides that a license shall authorize the holder of such license to sell raffle chances throughout the State, including beyond the borders of the licensing municipality or county. Provides that sponsoring organizations may contract with third parties to provide certain services to the sponsoring organization in connection with the operation of a raffle and may pay reasonable compensation for such services. Makes changes in provisions concerning licenses, applications, issuance, restrictions, and ineligible persons; conduct of raffles and poker runs; managers and bonds; records; and political committees. Incorporates provisions concerning raffles by law enforcement agencies and statewide associations that represent law enforcement officials into the rest of the Act. Makes corresponding changes in the Criminal Code of 2012. The bill was approved by the House and will next be considered in the Senate.

A complete list of ISACo tracked bills is available via this link.

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Looking Ahead...

Following adjournment on April 12, the General Assembly will not convene again until April 30.

The deadline to move House bills out of Senate committees and Senate bills out of House committees is May 10.

The deadline to move House bills out of the Senate and Senate bills out of the House is May 24.

Both chambers are scheduled to adjourn on May 31.

The Key to ISACo's Success is YOU!

Is your county a member of ISACo? If not, why not?

ISACo is a statewide association whose mission is to empower county officials to provide excellent service to their residents.

ISACo member counties are comprised of forward-thinking public servants who recognize that the challenges confronting county governments require new and innovative ideas, collaborative solutions and collective advocacy at the state and federal levels of government.

Members of the association will benefit from education and training opportunities, peer-to-peer networking, shared resources and robust representation before policymakers at various levels of government. ISACo creates and connects county officials to these opportunities and successfully equips them to make counties ideal places to live, work and play.

If your county is interested in discussing membership in ISACo, please contact Executive Director Joe McCoy at (217) 679-3368 or jmccoy@isacoil.org. Thank you for your consideration.

News and Views is a service provided by ISACo for county officials and staff. Please feel welcome to share with interested parties. You can contact ISACo Executive Director Joe McCoy at jmccoy@isacoil.org or (217) 679-3368 if we can be of service. Thank you for your support of ISACo.