This Illinois State Association of Counties (ISACo) weekly
News and Views
newsletter highlights the General Assembly schedule ahead of the May 31 spring session adjournment date, provides an update on the status of income tax legislation, offers information about a training opportunity concerning the Grant Accountability and Transparency Act (GATA), introduces a new corporate partner, includes bills of interest to counties that advanced during the week, looks at key upcoming dates on the legislative calendar and invites counties to join ISACo.
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General Assembly Session Schedule
The Illinois House was scheduled to convene every day from May 20 through the end of the month, but cancelled session for Saturday, May 25. The House will resume session on Sunday, May 26. The Senate was not scheduled to convene this weekend, but will return on Monday, May 27.
Any substantive actions of interest to counties between weekly
News and Views
publications will be covered on ISACo's website and social media feeds. Please follow our feeds to keep up with the latest information.
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Income Tax Legislation Advances in House
On Monday, May 20, the House Revenue and Finance Committee approved a constitutional amendment that, if approved by the full House, would place a question on the November 2020 ballot asking voters if the Illinois Constitution should be amended to allow for graduated income tax rates.
The legislation, Senate Joint Resolution Constitutional Amendment (SJRCA) 1 (
available via this link
) was previously approved by the Senate. The measure is sponsored in the House by Representative Martwick (D-Norridge). The proposed constitutional amendment was approved in committee on a party-line vote and requires 71 votes to pass the House.
On Friday, May 24, the House Revenue and Finance Committee approved SB 687 (Representative Zalewski, D-Riverside). The bill (
available via this link
) proposes graduated income tax rates and was written about previously in our May 3
News and Views
e-newsletter (
linked here
).
The income tax rates within the bill would be contingent on voters amending the Illinois Constitution
to allow for graduated rates. The bill was already approved by the Senate and awaits consideration by the full House.
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IGFOA Offering GATA Training for Local Officials
The Illinois Government Finance Officers Association (IGFOA) is offering four half-day interactive workshops where attendees can learn the process and procedures associated with the Grant Accountability and Transparency Act (GATA).
The purpose of GATA (30 ILCS 708/1) is to provide for the development of a coordinated, non-redundant process for the provision of effective and efficient oversight of the selection and monitoring of grant recipients, ensuring quality programs, limiting fraud, waste and abuse, and defining the purpose, scope, applicability and responsibilities in the life cycle of a grant.
Interested persons can register for one of the seminar opportunities via the links below:
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ISACo Welcomes New Corporate Partner
ISACo is pleased to announce that Wight & Company will be partnering with us through our Corporate Partner Program.
Click on this link
to learn more about the benefits and opportunities available through ISACo's Corporate Partner Program.
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Legislation Advanced This Week
The following bills of interest to counties were advanced during the week of May 20-24.
Bill Approved by the House
Probate Act - Adult Guardianship (Senator Tracy, R-Quincy/Representative Costa Howard, D-Lombard)
Senate Bill 1518 (
available via this link
) would amend the Probate Act of 1975 to provide that the court may appoint separate individuals or entities or co-guardians to act as the guardian of the person and the guardian of the estate of a person with a disability under certain circumstances. Provides that a guardian is entitled to reasonable and appropriate fees, if certain conditions are met. Provides that fees awarded to a guardian shall be considered as a first-class claim for administrative expenses and paid from the guardianship estate from the decedent's estate. Adds procedures regarding the succession of a new Public Guardian. Amends the Illinois Power of Attorney Act. Provides that if an agent seeks guardianship of the principal, the petition for guardianship must delineate the specific powers to be granted to the guardian that are not already included in the power of attorney. The bill was approved by the House and must return to the Senate for consideration.
Bills Approved by the 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 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. This bill was approved by the Senate and must return to the House for consideration.
ISACo Supports
Motor Fuel Tax - IEPA - Emissions (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. It is ISACo's understanding that the bill will not alter current practice.
This bill was approved by the Senate and must return to the House for consideration.
Property Assessed Clean Energy Act (Representative Manley, D-Romeoville/Senator Bush, D-Grayslake)
House Bill 3501 (
available via this link
) would a
mend the Property Assessed Clean Energy Act. The bill expands and changes the financing or refinancing that a governmental unit or the Illinois Finance Authority may use for assessment contracts. Provides that a governmental unit or the Authority may sale and assign assessment contracts without competitive bidding or the solicitation of requests for proposals or requests for qualifications. Changes elements required in an ordinance or resolution establishing a property assessed clean energy program. Changes elements required to be included in a property assessed clean energy program report. Changes requirements of assessment contracts in a program. Provides that assessments under the program may be included in property tax bills and establishes procedures for billing and collection of assessments. Modifies how PACE bonds are issued and paid, including that the State will not limit or alter the rights and powers vested in governmental units by this Act or in the Authority in accordance with this Act. Provides that the provisions of the Act are intended to be supplemental and in addition to all other powers or authorities granted to any governmental unit, shall be construed liberally, and shall not be construed as a limitation of any power or authority otherwise granted. Requires PACE bonds to contain a recital. Validates all actions and bonds issued prior to the effective date of the amendatory Act. Repeals provisions on joint property assessed clean energy programs. Makes other changes. This bill was approved by the Senate and must return to the House for consideration.
Bills Approved By Both Chambers
Hospitals - Surrogacy Contracts (Representative Stava-Murray, D-Downers Grove/Senator T. Cullerton, D-Villa Park)
House Bill 3531 (
available via this link
) would amend the Hospital Licensing Act to provide that if a hospital has a gestational surrogacy contract on file for a gestational surrogate or has otherwise received the gestational surrogacy contract from a gestational surrogate, the hospital may not deny an intended parent entry into the delivery room where the gestational surrogate is being induced or in labor. Provides exceptions if: medical personnel determine that the gestational surrogate's life or health could be jeopardized; the gestational surrogacy contract prohibits an intended parent from being present; or medical personnel determine there is other good cause to prohibit an intended parent from being present, including, but not limited to, if the intended parent is causing a disturbance or other security concerns. This bill was approved by both chambers and will next be considered by the Governor.
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. 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. This bill was approved by both chambers and will next be considered by the Governor.
Cook County Board President - Vacancy (President J. Cullerton, D-Chicago/Representative Harris, D-Chicago)
Senate Bill 72 (
available via this link
) would amend the
Election Code to provide that, if a vacancy in the office of President of the Cook County Board occurs on or after the first day for the filing of nomination papers, then nominations for the office of President of the Cook County Board are to be made by the county central committee of each established political party. Amends the Counties Code. Provides that, in the event of a vacancy in the office of president of the county board of commissioners, the members of the county board of commissioners shall elect one of their number to serve as president of the county board of commissioners until the next special or regular election for the office of president of the county board of commissioners. Provides that, if more than 28 months remain in the unexpired term, then a special election shall be held. Provides that, if 28 months or less remain in the unexpired term, the appointed president of the county board of commissioners shall serve until the next regular election.
This bill was approved by both chambers and will next be considered by the Governor.
Equitable Restrooms - All Gender (Senator Bush, D-Grayslake/Representative Yingling, D-Round Lake Beach)
Senate Bill 556 (
available via this link
) would amend
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.
This bill was approved by both chambers and will next be considered by the Governor.
County - Remove Imminent Hazard (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 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 the 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.
Limits the provisions to residential property of 1 acre or less.
This bill was approved by both chambers and will next be considered by the Governor.
ISACo Supports
Juries - Unlawful Discrimination (Senator
Hutchinson, D-Chicago Heights/Representative Didech, D-Buffalo Grove)
Senate Bill 1378 (
available via this link
) would amend 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.
This bill was approved by both chambers and will next be considered by the Governor.
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. This bill was approved by both chambers and will next be considered by the Governor.
ISACo Supports
Contractor Prompt Payment Retainage (Senator Mulroe, D-Chicago/Representative Arroyo, D-Chicago)
Senate Bill 1636 (
available via this link
) would amend the Contractor Prompt Payment Act to provide that a retainage of 10% of the payment may be withheld from a payment under a construction contract prior to the completion of 50% of the contract. Provides that after 50% of the contract is completed, the amount of retainage for any subsequent payment may not exceed 5%. This bill was approved by both chambers and will next be considered by the Governor.
Downstate Forest Preserve District Act (Senator T. Cullerton, D-Villa Park/Representative Villa, D-Batavia)
Senate Bill 1651 (
available via this link
) would amend 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. This bill was approved by both chambers and will next be considered by the Governor.
Government Records - Social Networking (Senator Stadelman, D-Rockford/Representative West, D-Rockford)
Senate Bill 1699 (
available via this link
) would a
mend the Freedom of Information Act to prohibit, with exceptions, a law enforcement agency from publishing booking photographs on its social networking website (instead of its social media website). Provides that "social networking website" has the meaning provided in the Right to Privacy in the Workplace Act. Adds the same restrictions to the State Records Act. This bill was approved by both chambers and will next be considered by the Governor.
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. This bill was approved by both chambers and will next be considered by the Governor.
Local Government Auditing Standards (Senator Righter, R-Mattoon/Representative DeLuca, D-Chicago Heights)
Senate Bill 1806 (
available via this link
) would amend the Governmental Account Audit Act, the Counties Code, and the Illinois Municipal Code to remove definitions of "licensed public accountant" and "accountant." Modifies the definition of "auditor" to also include a substantially-equivalent licensed CPA that operates out-of-state. Replaces references to licensed public accountants and accountants with references to auditors. Adds the "generally accepted auditing standards" definition to the Audit Division of the Counties Code. Adds a definition of "generally accepted accounting principles" to all definition provisions. This bill was approved by both chambers and will next be considered by the Governor.
Health Care Worker Background Check Act (Senator Sims, D-Chicago/Representative Slaughter, D-Chicago)
Senate Bill 1965 (
available via this link
) would amend the Health Care Worker Background Check Act to provide that workforce intermediaries and organizations providing pro bono legal services may initiate a fingerprint-based criminal history record check if a conditional offer of employment has not been made and a background check has not been previously conducted for an individual who has a disqualifying conviction and is receiving services from a workforce, intermediary or an organization providing pro bono legal services. This bill was approved by both chambers and will next be considered by the Governor.
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Looking Ahead...
The deadline to move House bills out of the Senate and Senate bills out of the House is May 24 (today).
Both chambers are scheduled to adjourn on May 31.
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The Key to ISACo's Success is YOU!
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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.
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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.
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