This Illinois State Association of Counties (ISACo) weekly
News and Views
newsletter reports on a spike in anticipated state revenues, highlights two amendments intended to generate revenue for transportation infrastructure projects, discusses the emergence of an amendment to legalize the sale of cannabis, includes bills of interest to counties that advanced during the week, issues 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.
|
|
State Revenues Exceed Expectations
The General Assembly was notified by the Illinois Department of Revenue (IDOR) and the Governor’s Office of Management and Budget (GOMB) that state revenues are coming in at significantly higher levels than initially forecast. The significance of this increase is that the unanticipated additional revenues collected for the month of April 2019 alone will largely fill the projected $1.6 billion shortfall within the current year’s budget (SFY2019).
Both IDOR and GOMB also intend to revise their revenue forecasts upward for SFY2020. Governor Pritzker is recommending that the additional revenues expected for SFY2020 ($800 million) be earmarked to cover the state’s SFY2020 pension payment instead of pursuing his proposed (and controversial) pension holiday.
The additional revenues, while not a permanent long-term fix to the state’s structural budget deficit, ease some of the short-term financial challenges. This easing bodes well for preserving existing state-shared local revenue distributions to local governments.
|
|
Transportation Infrastructure Funding Legislation Proposed and Advanced
A proposal emerged in the form of two amendments intended to provide an annual funding source for transportation infrastructure.
Both Senate Amendment 1 to House Bill 3233 (Senator Sandoval, D-Chicago -
available via this link
) and House Amendment 1 to House Bill 391 (Representative Zalewski, D-Riverside -
available via this link
) are titled the Illinois Works Jobs Program Act and include a series of revenue sources proposing to raise $2.4 billion annually for transportation infrastructure investments.
On Thursday, May 9, 2019, the amendment to House Bill 391 was adopted and the bill was approved by the House Revenue and Finance Committee.
The amendments propose increases to Illinois' Motor Fuel Tax (MFT), vehicle registration fees, driver licensing fees and title certificate fees. The state tax on gasoline would increase from 19 cents per gallon to 44 cents per gallon on July 1, 2019. Taxes on fuel would be indexed to inflation to keep up with cost increases.
|
|
Cannabis Legalization Amendment Emerges
An amendment to create the Cannabis Regulation and Tax Act was filed on Monday, May 6, 2019, by Senator Heather Steans (D-Chicago). Senate Amendment 1 (
available via this link
) was filed for Senate Bill 7.
While the plan includes a multitude of key provisions, of most interest to local governments are provisions concerning local taxation, spending and local regulation.
Local Taxation
- Municipalities would be permitted to impose a sales tax not to exceed 3% on cannabis purchases.
- Counties would be authorized to impose up to a 0.5% sales tax for sales that occur within incorporated areas, and up to a 3.5% sales tax for sales that occur within unincorporated areas.
These sales taxes must be imposed in 0.25% increments.
In addition to these taxes, local governments would receive their share of the existing state sales tax on the retail sale of cannabis. Counties would receive the 0.25% portion of the 6.25% state sales tax.
Bill proponents desire to avoid imposing a tax burden high enough to drive purchasers to the illicit market.
Spending
Of the state tax revenue generated, 35% would go to the state General Fund, 25% for community reinvestment, 20% for mental health and substance abuse treatment, 10% for the state’s unpaid bills, 8% for law enforcement training grants and 2% for public drug education.
Local Regulation
Local governments may adopt “opt out” ordinances within one year of the effective date of the statute. After that, local governments are limited to adopting “opt out” provisions via local referendum.
The amendment authorizes local governments to “enact reasonable zoning ordinances or resolutions, not in conflict with this Act or rules adopted pursuant to this Act regulating cannabis establishments. No unit of local government, including a home rule unit, or school district may unreasonably prohibit home cultivation and use of cannabis authorized by this Act.”
Furthermore, “a unit of local government, including a home rule unit or any non-home rule county within the unincorporated territory of the county, may enact ordinances or rules not in conflict with this Act or with rules adopted pursuant to this Act governing the time, place, manner and number of cannabis establishment operations, including minimum distance limitations between cannabis establishments and locations it deems sensitive, including colleges and universities, through the use of conditional use permits.”
It remains unclear if the General Assembly has the votes required to approve a cannabis legalization bill. ISACo will continue to track the bill and provide updates as necessary. A second amendment is anticipated to address technical issues existing within the first amendment.
|
|
Legislation Advanced This Week
The following bills of interest to counties were advanced during the week of May 6-10.
House Bills Approved by Senate Committees
Property Tax - Notice (Representative Walsh, D-Joliet/Senator Barickman, R-Bloomington)
House Bill 250 (
available via this link
) would amend 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. If property contains a hazardous substance, hazardous waste, or an underground storage tank, the court may order the holder of the certificate of purchase to assign the certificate to the county collector upon request of the county collector. Provides that the county collector may further assign the certificate to the county, acting as trustee for taxing districts, or to a taxing district having an interest in the taxes sold. In a Section that allows a tax purchase be set aside as a sale in error if a county, city, village, or incorporated town has an interest in the property under the police and welfare power by advancements made from public funds, provides that such a sale in error may not be granted if the lien has been released, satisfied, discharged, or waived. The bill was approved by the Senate Revenue Committee.
ISACo Supports
Equal Pay Act - Wage History (Representative Moeller, D-Elgin/Senator Castro, D-Elgin)
House Bill 834 (
available via this link
) would a
mend the Equal Pay Act of 2003 to prohibit an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Limits defenses. Provides for penalties and injunctive relief.
The bill was approved by the Senate Labor Committee.
Open Meetings Act - Exceptions (Representative Welch, D-Westchester/Senator Bush, D-Grayslake)
Ho
use 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 independent contractors, or specific volunteers (currently, only specific employees) of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee, independent contractor, or volunteer of the public body or against legal counsel for the public body to determine its validity. The bill was approved by the Senate Local Government Committee.
ISACo Supports
Location Surveillance (Representative Williams, D-Chicago/Senator Harmon, D-Oak Park)
House Bill 2134
(
available via this link
) would
amend the Freedom From Location Surveillance Act to provide that "electronic device" means any device that enables access to, or use of an electronic communication service that provides the ability to send or receive wire or electronic communications, including wireless communications connecting the device to a telephone network. Modifies the definition of "location information" to include information concerning the location of an electronic device that, in whole or in part, is generated by or derived from the possession of the device (rather than only operation of the device). Provides that a law enforcement agency shall not obtain location information (rather than current or future location information) pertaining to a person or his or her effects without first obtaining a court order under the Code of Criminal Procedure of 1963 based on probable cause. Makes other changes.
The bill was approved by the Senate Criminal Law Committee.
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 to delete 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 nondesignated 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; clarifies exceptions; related directives.
The bill was approved by the Senate Transportation Committee.
Hospital - Blood Pressure (Representative Flowers, D-Chicago/Senator Belt, D-East St. Louis)
House Bill 2433
(
available via this link
) would ame
nd the Hospital Licensing Act and the University of Illinois Hospital Act to require every hospital to ensure that it has the proper instruments available for taking a pregnant woman's blood pressure. Provides that the Department of Public Health shall adopt rules for the implementation of the requirement.
The bill was approved by the Senate Public Health Committee.
School Facility and Resource Tax (Representative Demmer, R-Dixon/Senator Harmon, D-Oak Park)
House Bill 3244 (
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 Innovation Development and Economy Act and the School Construction Law to make conforming changes. 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, 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. The bill was approved by the Senate Revenue Committee.
IMRF - Public Information (Representative Mazzochi, R-Westmont/Senator Curran, R-Woodridge)
House Bill 3263
(
available via this link
) would amend the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code 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.
The bill was approved by the Senate Government Accountability and Pensions Committee.
ISACo Opposes
Hospital - Health Insurance Enrollment Post (Representative Ortiz, D-Chicago/Senator Martinez, D-Chicago)
House Bill 3487 (
available via this link
) would amend the University of Illinois Hospital Act and Hospital Licensing Act. Provides that each hospital shall post, in each facility that has an emergency room, a notice in a conspicuous location in the emergency room with information about how to enroll in health insurance through the Illinois health insurance marketplace.The bill was approved by the Senate Insurance Committee.
Public Officers - Hiring Self (Representative Manley, D-Romeoville/Senator Beretino-Tarrant, D-Plainfield)
House Bill 3501 (
available via this link
) would amend
the Public Officer Prohibited Activities Act to provide that an elected or appointed official of a unit of local government many not hire or appoint himself or herself to a second position in the unit of local government if the second position is a salaried or hourly position. Allows the governing body of the unit of local government to hire or appoint an elected or appointed official to a second position in the unit of local government with a salary or hourly wages by ordinance or resolution if the ordinance or resolution states the salary or total compensation of an hourly position.
The bill was approved by the Senate Local Government Committee.
Equitable Restroom - Baby Change (Representative Ramirez, D-Chicago/Senator Villivalam, D-Chicago)
House Bill 3711 (
available via this link
) would amend the Equitable Restrooms Act to require every public building with restrooms open and accessible to the public to have at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to women entering a restroom provided for use by women and one that is accessible to men entering a restroom provided for use by men, or at least one such baby diaper changing station that is accessible to both men and women. Provides exceptions to the requirement for: industrial buildings, nightclubs, or bars that do not permit anyone who is under 18 years of age to enter the premises; restrooms located in a health facility, if the restroom is intended for the use of one patient or resident at a time; and renovations, if a local building permitting entity or building inspector determines that the installation of a baby diaper changing station is not feasible or would result in a failure to comply with applicable building standards governing the right of access for persons with disabilities. Requires a public restroom that is open and accessible to the public and includes a baby diaper changing station to include signage at or near the entrance to the baby changing station indicating the location of the baby diaper changing station. Provides that the requirements are not enforceable by a private right of action. The bill was approved by the Senate Public Health Committee.
Senate Bills Approved by House Committees
Attorney General - Worker Protect 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 House Labor and Commerce Committee.
Court Reporters Act - Various (Senator Sims, D-Chicago/Representative Hoffman, D-Belleville)
Senate Bill 397 (
available via this link
) would make several changes to the Court Reporters Act. The bill was approved by the House Judiciary - Civil Committee.
County Jail Good Behavior Act (Senator Cunningham, D-Chicago/Representative Hurley, D-Mt. Greenwood)
Senate Bill 416 (
available via this link
) would amend 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 House Judiciary - Criminal Committee.
Equitable Restrooms - All Gender (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 singleoccupancy restroom shall be outfitted with exterior signage that marks the singleoccupancy 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 House State Government Administration Committee.
Records - Public Inspection (Senator Weaver, R-Peoria/Representative Butler, R-Springfield)
Senate Bill 1007 (
available via this link
) would amend
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 House Veterans' Affairs Committee.
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. The bill was approved by the House Judiciary - Civil Committee.
ISACo Supports
Counties - Various Changes (Senator Link, D-Gurnee/Representative Yingling, D-Round Lake Beach)
Senate Bill 1236 (
available via this link
) would amend the Local Government Officer Compensation Act and Counties Code to provide that an elected officer of a unit of local government, including county board members, 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 and, if a current officer is receiving benefits, then reduces the official's salary and compensation to zero at the beginning of the official's next term. Limits home rule powers. Further amends the Counties Code. Provides that a chairman of a county board who is chosen by the board may be removed, for cause or without cause, upon a motion adopted by an affirmative vote of four-fifths of the board and the chairman removed maintains his or her status as a member of the county board. Includes procedures to replace the chairman. Provides that a vendor wishing to contract with a county for goods and services in an amount greater than $30,000 shall disclose to the county, prior to a county board's vote on the contract, any familial relationship between the vendor and specified county officials. Requires the county board to notify newly elected countywide officials elected in or after November 2016 of the option for an auditor to conduct a transitional audit at the county's expense (limiting home rule powers). Amends the Downstate Forest Preserve District Act. Provides for removal of officers of a forest preserve district board and procedures to replace the officers. The bill was approved by the House Counties and Townships Committee.
ISACo Opposes
Juries - Unlawful Discrimination (Senator Hutchinson, D-Chicago Heights/Representative Didech, D-Buffalo Grove)
Senate Bill 1378 (
available via this link
) would a
mend the Jury Act to provide that except as otherwise specifically provided by statute, no person who is qualified and able to serve as a juror may be excluded from jury service in any court of this State on the basis of, among other things, sexual orientation.
The bill was approved by the House Judiciary - Civil Committee.
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 House Counties and Townships Committee
. ISACo Supports
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." The bill was approved by the House Revenue and Finance Committee.
ISACo Supports
Downstate Forest Preserve District (Senator Cullerton, D-Villa Park/Representative Villa, D-Batavia)
Senate Bill 1651 (
available via this link
) would a
mend the Downstate Forest Preserve District Act to expand the authority of a forest preserve district to grant licenses, easements, and rights-of-way for construction, operation, and maintenance upon, under, or across any property of the district to include facilities for renewable energy.
The bill was approved by the House Energy and Environment Committee.
Certified Shorthand Reporters (Senator Harmon, D-Oak Park/Representative Zalewski, D-Riverside)
Senate Bill 2128 (
available via this link
) would amend
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 House Labor and Commerce Committee.
Bills Approved by Both Chambers
Special Interrogatories - Repeal (Representative Thapedi, D-Chicago/Senator Mulroe, D-Chicago)
House Bill 2233 (
available via this link
) would amend the Code of Civil Procedure to provide that within the discretion of the court, the jury may be asked (rather than required by the court, and must be required on the request of any party) to find specially upon any material question or questions of fact submitted to the jury in writing. Provides that any party may request special interrogatories. Provides that submitting or refusing to submit a question of fact to the jury may be reviewed on appeal to determine whether the trial court abused its discretion (rather than as a ruling on a question of law). Provides that when any special finding of fact is inconsistent with the general verdict, the court shall direct the jury to further consider its answers and verdicts, and if, in the discretion of the trial court, the jury is unable to render a general verdict consistent with any special finding, the trial court shall order a new trial (rather than the former controls the latter and the court may enter judgment accordingly). Provides that during closing arguments, the parties shall be allowed to explain to the jury what may result if the general verdict is inconsistent with any special findings. Provides that the Act applies only to trials commencing on or after January 1, 2020. This bill was approved by both chambers and will next be considered by the Governor.
|
|
ISACo Seeking Ideas for 2020 Legislative Agenda
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!
@Isacoil
@IsacoTweets
|
|
Looking Ahead...
The deadline to move House bills out of Senate committees and Senate bills out of House committees is May 10 (today).
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.
|
|
|
|
|
|
|
|
|
