ISACo News and Views Newsletter for April 26, 2019

April 26, 2019

ISACo News and Views

This Illinois State Association of Counties (ISACo) weekly News and Views newsletter reports on ISACo's efforts to promote county capital infrastructure needs, provides information about a new Illinois Department of Revenue (IDOR) online portal for local government accounts, includes information about a decision by the Federal Emergency Management Agency (FEMA) to deny Illinois communities access to a federal grant, highlights key bills affecting counties that remain viable in the General Assembly ahead of the scheduled May 31 adjournment date, includes a call for 2020 legislative agenda proposals that would benefit counties, 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.

ISACo Providing County Infrastructure Project Lists to Legislators and the Governor

The General Assembly and Governor have been working to develop a significant and much needed capital infrastructure program. Illinois' last capital infrastructure program was enacted into law in 2009.

To ensure that county projects have an opportunity to receive funding, ISACo has been collecting capital infrastructure project lists from our member counties and conveying the lists to the legislators representing those counties. These capital infrastructure project lists will be presented to Governor Pritzker's Office as well. Finally, ISACo is coordinating with our contract lobbyists to discuss these projects with legislators and the Governor's Office.

Essential decisions concerning how the state would fund a capital infrastructure program have yet to be made as the General Assembly prepares to return to Springfield next week. The General Assembly is scheduled to adjourn on May 31.

IDOR Announces New Online Portal for Local Government Accounts

The Illinois Department of Revenue (IDOR) announced a new service for local governments scheduled to begin on June 3, 2019.

MyLocalTax is an online account management program that provides a centralized location on the Illinois Department of Revenue (IDOR) website to verify tax locations, view/print prior correspondence, request/receive reports, submit inquiries and request updates to local government accounts. MyLocalTax will be available at mytax.illinois.gov/MyLocalTax.

IDOR's official announcement of the program along with additional information is available via this link.

FEMA Pre-Disaster Mitigation Grant Denial

The Federal Emergency Management Agency (FEMA) announced that Illinois failed to meet a key application deadline to secure millions of dollars in pre-disaster mitigation grants.

While the reasons for the failure appear subject to dispute, Illinois stands to lose a share of the approximately $400 million made available by the federal government for programs throughout the nation intended to reduce the impact of potential disasters.

This morning, ISACo sent a letter ( available via this link ) to FEMA Acting Director Pete Gaynor expressing concern about the grant access denial and requesting an update on the Agency's plans to address the issue going forward.

ISACo will share any new information as it becomes available.

Key Legislation at the Midpoint

Last week's News and Views newsletter provided an update to ISACo's tracked bill list ( available via this link ). This updated list, organized by issue category, reflects that a multitude of bills tracked by ISACo were not approved by the chamber in which the bills were introduced and highlights those bills that remain viable. The list includes updates to bills that were changed by amendments prior to passing out of their chamber of origin.

After reviewing the legislation that remains viable, ISACo has identified several bills that merit additional attention from county officials. These bills are available below. Please keep in mind that additional issues may surface over the remaining weeks of session.

House Bills in Senate

Open Meetings Act Exceptions (Representative Welch, D-Westchester/Senator Bush, D-Grayslake)

House Bill 2124 ( available via this link ) would amend the Open Meetings Act to provide that a public body may hold a closed meeting to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees, specific individuals who serve as independent contractors (currently, specific independent contractors), or specific volunteers of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee, a specific individual who serves as an independent contractor (currently, independent contractor) or a volunteer of the public body or against legal counsel for the public body to determine its validity. ISACo Supports

Illinois Sustainable Investing Act (Representative Davis, D-East Hazel Crest/Senator Martinez, D-Chicago)

House Bill 2460 ( available via this link ) would create the Illinois Sustainable Investing Act to provide that any public agency or governmental unit shall develop, publish, and implement sustainable investment policies applicable to the management of all public funds under its control. Provides that the sustainable investment policy may be incorporated in existing investment policies developed, published, and implemented by a public agency or governmental unit. The sustainable investment policy developed under the Illinois Sustainable Investing Act shall include material, relevant, and decision-useful sustainability factors to be considered (currently, applied) by the public agency or governmental unit as one component of its overall evaluation of investment decisions. Provides that nothing in the Act prohibits a public agency or governmental unit from integrating additional factors into its investment decision-making, investment analysis, portfolio construction, due diligence, and investment ownership of public funds. Provides that the Act shall not apply to bank time deposits or bank processing services. Provides that sustainability factors include, among other factors, human capital factors that recognize that the workforce is an important asset to delivering long-term value, including factors such as labor practices, responsible contractor and responsible bidder policies, employee health and safety, employee engagement, diversity and inclusion, and incentives and compensation. ISACo Opposes. Unfunded Mandate.

Partial Diversion of Motor Fuel Tax Revenues (Representative Davis, D-East Hazel Crest/Senator Steans, D-Chicago)

House Bill 2943 ( available via this link ) would amend the Motor Fuel Tax Law to provide that on and after July 1, 2019, the costs of the Environmental Protection Agency for the administration of the Vehicle Emissions Inspection Law of 2005 are to be paid from the Motor Fuel Tax Fund. ISACo Opposes. Revenue Loss.

Website Posting Requirements (Representative Mazzochi, R-Westmont/Senator Curran, R-Woodridge)

House Bill 3263 ( available via this link ) would amend the Open Meetings Act to provide that a participating municipality or instrumentality shall post on its publicly available website, if the participating municipality or instrumentality maintains a publicly available website: (1) all documents pertaining to the municipality's or instrumentality's adoption of a resolution to participate in the Fund if the municipality or instrumentality has adopted such a resolution; (2) all documents pertaining to the municipality's or instrumentality's annual projected future contributions to the Fund; and (3) information about the amount of the municipality's or instrumentality's past required contributions to the Fund for each year of participation. Provides that the public posting requirement does not require a participating municipality or instrumentality to post on its website information that is not subject to disclosure under the Freedom of Information Act. Amends the State Mandates Act to require implementation without reimbursement by the State. ISACo Opposes. Unfunded Mandate .

Senate Bills in 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. ISACo opposes the bill as drafted because it could endanger MFT distributions to counties. Unfunded Mandate.

Removal of Imminent Hazards (Senator Bush, D-Grayslake/Representative Yingling, D-Round Lake Beach)

Senate Bill 1114 ( available via this link ) would amend 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. ISACo Supports

Local PPRT Revenue Diversion (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. ISACo Opposes. Revenue Loss.

Counties Code-Retailers' Revenue Use Expansion (Senator Curran, R-Woodridge/Representative Durkin, R-Burr Ridge)

Senate Bill 1581 (available via this link) would amend the Counties Code to provide that the Special County Retailers' Occupation Tax (previously the Special County Retailers' Occupation Tax for Public Safety, Public Facilities, Mental Health, Substance Abuse or Transportation) includes criminal justice within the term "public safety purposes." ISACo Supports

Complete Count Commission (Senator Jones, D-Chicago/Representative Thapedi, D-Chicago)

Senate Bill 1621 (available via this link) would amend the Illinois Complete Count Commission Act to provide that members serving on the Commission on the effective date of this amendatory Act may be reappointed as members for consecutive decennial census terms. Adds the Lieutenant Governor as a member of the Illinois Complete Count Commission. Provides that any vacancies occurring on or after the effective date of this amendatory Act may be filled by the Lieutenant Governor. Provides that the Lieutenant Governor (currently, Secretary of State) shall serve as chairperson of the Commission. Provides that the census outreach strategy shall have a strategic focus on addressing hard to count and underserved communities that the census historically overlooks, including, but not limited to, homeless persons, senior citizens and veterans. Provides for local complete count commissions. Requires the Commission to issue a report (currently, final report) specifying its recommended outreach strategy for implementation for the 2020 Census no later than January 1, 2020 (currently, June 30 2019). Requires the Commission to submit a final report to the General Assembly no later than December 31, 2020, detailing the work of the Commission concerning outreach, promotion and community support during the 2020 calendar year. ISACo Supports

FOIA-Public Body Credit Cards (Senator Koehler, D-Peoria/Representative Burke, D-Evergreen Park)

Senate Bill 1712 (available via this link) would amend the Freedom of Information Act to exempt from disclosure a public body's credit card numbers, debit card numbers, bank account numbers, Federal Employer Identification Number, security code numbers, passwords and similar account information, the disclosure of which could result in identity theft or impression or defrauding of a governmental entity or a person. ISACo Supports

FOIA/Elections-Cybersecurity (Senator Link, D-Gurnee/Representative Didech, D-Buffalo Grove)

Senate Bill 1863 ( available via this link ) would a mend the Freedom of Information Act to exempt from disclosure risk and vulnerability assessments, security measures, schedules, certifications, and response policies or plans that are designed to detect, defend against, prevent, or respond to potential cyber attacks upon the State's or an election authority's network systems, or records that the disclosure of which would, in any way, constitute a risk to the proper administration of elections or voter registration. Provides that the information is exempt only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of computer systems. Provides that the exemption applies to records held by the State Board of Elections, the Department of Innovation and Technology, election authorities, and any other necessary party to protect the administration of elections. Amends the Election Code. In provisions governing the administration of the cyber navigator program, directs the allocation of resources received in accordance with the 2018 Help America Vote Act Election Security Grant (instead of the allocation of resources received in accordance with the federal Help America Vote Act). ISACo Supports

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. ISACo Supports

ISACo Seeking Ideas for 2020 Legislative Agenda

Slightly more than a month remains before the scheduled May 31 spring legislative session adjournment date, but it's not too early to begin planning for 2020!

ISACo is requesting legislative proposal ideas from county officials and staff. Ideas submitted to ISACo will be considered by the Legislative Committee and Board of Directors for introduction in 2020.

If your county is aware of an issue or problem that can be solved with legislation, please share this information with ISACo. Legislative proposal ideas can be submitted to Executive Director Joe McCoy by email (jmccoy@isacoil.org) or by calling ISACo's Office (217-679-3368). We look forward to receiving your proposals.

Follow ISACo on Social Media

ISACo is getting social! We've established a presence on Facebook and Twitter to provide another tool for communication with Illinois county officials and other interested parties. Please follow our Facebook page and Twitter feed and join the conversation!

Click here to visit our Facebook page.

@Isacoil

Click here to visit our Twitter feed.

@IsacoTweets

Looking Ahead...

The General Assembly will reconvene on 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.