ISACo News and Views Newsletter for August 26, 2019

August 26, 2019

ISACo News and Views

This Illinois State Association of Counties (ISACo) weekly News and Views e-newsletter reports about a visit to the White House by Illinois county officials, contains information about legislation signed into law by Governor JB Pritzker, includes a link to a letter urging the Illinois Municipal Retirement Fund (IMRF) to reverse an assumption change expensive to local governments, conveys a cannabis legalization information toolkit, provides an update about a funding opportunity for local governments to assist with their 2020 census counts and invites counties to join ISACo.

2019 Spring Session Resources

ISACo's summary of the major legislative issues addressed during the 2019 Spring legislative session is available via this link.

ISACo's 2019 Public Acts - 2019 report is available via this link. (UPDATED)

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

Illinois County Officials Attend White House Event

ISACo joined county officials from Illinois, Indiana, Minnesota and Wisconsin at a White House Conference for local government leaders on Tuesday, August 20, 2019.

The event offered Illinois county officials a unique opportunity to hear from administration officials about a myriad of topics including economic development, opportunity zones, trade, broadband, cybersecurity, disaster mitigation and recovery and other issues of importance to local governments and local economies. Vice President Mike Pence made a surprise appearance and discussed policy issues with attendees.

Earlier that morning, several Illinois county officials (pictured) attended a federal issue briefing and breakfast hosted by the National Association of Counties (NACo). Illinois county officials were invited to the briefing by ISACo. NACo Executive Director Matt Chase and his staff discussed policy issues being worked on by NACo and previewed topics likely to be raised by White House officials.

More pictures from the day's activities are available via this link.

Governor Pritzker Signs Bills into Law

Governor JB Pritzker signed the following bills of interest to counties into law. Some bills do not have Public Act numbers yet:

HB 3 - Hospital Reporting Requirement

The new law ( available via this link ) requires hospitals to report each instance of preterm birth, infant mortality and maternal mortality by racial and ethnic group in their quarterly reports. Effective immediately.

HB 250 (P.A. 101 - 0379) - Joint Tax Sales

The new law ( available via this link ) amends the Property Tax Code and the Mobile Home Local Services Tax Enforcement Act to allow contiguous counties to join together for tax sales. Provides that, 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. Effective January 1, 2020.

HB 252 (P.A. 101 - 0430) - Human Rights Act

The new law ( available via this link ) amends the Illinois Human Rights Act to provide that "employer" includes any person employing one (instead of 15) or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation. Provides that "employer" does not include any place of worship with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the place of worship of its activities. Effective July 1, 2020.

HB 833 - Senior Citizen Homestead Exemption - Cook County

The new law ( available via this link ) allows Cook County to have a multi-year senior citizen homestead exemption. Effective immediately.

HB 1561 - County School Facility Occupation Tax Expansion

The new law ( available via this link ) directs school districts to develop a threat assessment team and allows counties to expand their School Facility Occupation Tax to support safety and mental health efforts. Effective immediately.

HB 2134 - Obtaining Cell Site Location Information

The new law ( available via this link ) ensures state law conforms with a recent U.S. Supreme Court ruling that Illinois law enforcement agencies must seek a warrant or court order before obtaining current, future or historical cell site location information. Effective immediately.

HB 2301 (P.A. 101 - 0384) - Workers' Compensation Panel Composition

The new law ( available via this link ) provides that a panel of Commissioners under the Workers' Compensation Act include a representative of a recognized labor organization or an attorney who has represented labor organizations or has represented employees in workers compensation cases. Makes an identical change with respect to the Workers' Compensation Medical Fee Advisory Board, the Workers' Compensation Advisory Board, and three-member panels of the Workers' Compensation Commission. Provides that the Illinois Workers' Compensation Commission shall include 3 members who are from a labor organization recognized under the National Labor Relations Act or are attorneys who have represented labor organizations or have represented employees in workers' compensation cases. Effective January 1, 2020.

HB 2460 - Public Funds Investment Policy

The new law ( available via this link ) encourages all public funds to have a sustainable investment policy. Effective January 1, 2020.

HB 2528 - Use of County Clerk Address

The new law ( available via this link ) allows a person to use a county clerk’s address as their business address if they believe publishing their home address would threaten their safety. Effective January 1, 2020.

HB 2625 - Cook County Judicial Sub-Circuits

The new law ( available via this link ) allows the Cook County judicial sub-circuit boundaries after the 2020 Census to be redrawn to ensure minority representation on the bench. Effective January 1, 2020.

HB 2830 - Mandatory Employee Leave

The new law ( available via this link ) requires employers to provide an employee leave in order to attend a behavioral or academic meeting at their child’s school. Effective August 1, 2020.

HB 2846 - Health Insurance Coverage Mandate

The new law ( available via this link ) requires health insurance coverage for treatments for pediatric autoimmune, neuropsychiatric disorders associated with streptococcal infections, acute-onset neuropsychiatric syndrome and intravenous immunoglobulin therapy plans administered after July 2017. Effective immediately.

HB 3113 - Health Insurance Coverage Mandate

The new law ( available via this link ) requires health insurance coverage for an annual office visit including a skin cancer examination at no cost to the patient. Effective January 1, 2020.

HB 3396 - Issuance of Stalking, Domestic Violence and Civil No Contact Orders

The new law ( available via this link ) requires a more rapid response by the courts and law enforcement in the issuance of stalking, domestic violence and civil no contact orders. Effective immediately.

SB 158 (P.A. 101 - 0398) - Toll Bridge Collections

The new law ( available via this link ) amends the Toll Highway Act to provide that the Authority shall have power to enter into an intergovernmental agreement or contract with a unit of local government or other public or private entity for a private bridge operator's collection, enforcement, and administration of tolls, violations, fees, fines, charges, and penalties in connection with a bridge authorized under the Toll Bridge Act. Amends the Toll Bridge Act. Provides that county boards may fix toll rates by establishing a toll rate schedule setting a maximum toll rate. Effective August 16, 2019.

SB 161 (P.A. 101 - 0527) - Attorney General Worker Protection Unit

The new law ( available via this link ) gives the Attorney General’s office the express authority to investigate and file suit against violators of the Prevailing Wage Act, the Employee Classification Act, the Minimum Wage Law, the Day and Temporary Labor Services Act and the Wage Payment and Collection Act. Effective January 1, 2020.

SB 1007 (P.A. 101 - 0402) - Public Inspection of Military Records

The new law ( available via this link ) amends 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. Effective August 16, 2019.

SB 1236 (P.A. 101 - 0544) - Counties Code - Various Changes

The new law ( available via this link ) limits compensation for county board members receiving pension benefits for their position, allows for the removal of a county board chairman who is selected by board members, requires most stringent familiar disclosures between vendors and board members or management, and allows newly elected officials to request a transition audit. Effective immediately.

SB 1429 (P.A. 101 - 0550) - Immigrant Privacy in Civil Court

The new law ( available via this link ) makes it illegal to use individuals’ immigration status against them in a way that would prevent them from testifying freely, comfortably and safely in civil court. Evidence relating to a person’s immigration status is non-admissible in any civil proceeding, with few exceptions, and a party seeking to offer evidence relating to a person’s immigration status must file a written motion at least 14 days before a hearing or trial specifically describing the evidence and stating the purpose for which it is offered.

SB 1573 (P.A. 101 - 0559) - Labor Force in Nursing Homes

The new law ( available vis this link ) makes several changes to statute to increase the labor force in nursing home facilities. Effective immediately.

SB 1580 (P.A. 101 - 0405) - Regulation of Adult Entertainment Facilities

The new law ( available via this link ) amends the Counties Code to provide that DuPage County 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. Allows DuPage County to enforce and prosecute violations of the adult entertainment facilities ordinance through its administrative adjudication program. Effective January 1, 2020.

SB 1636 (P.A. 101 - 0432) - Contractor Prompt Payment Retainage

The new law ( available via this link ) amends 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%. Effective immediately.

SB 1699 (P.A. 101 - 0433) - FOIA - Social Networks

The new law ( available via this link ) amends the Freedom of Information Act to prohibit, with exceptions, a law enforcement agency from publishing booking photographs on its social networking 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. Effective August 20, 2019.

SB 1712 (P.A. 101 - 0434) - FOIA - Public Body Credit Cards

The new law ( available via this link ) amends 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. Effective January 1, 2020.

SB 1791 (P.A. 101 - 0566) - SNAP and E&T Program Criteria

The new law ( available via this link ) revises the SNAP and E&T program criteria to meet the diverse needs to residents by making the program voluntary if a county can provide for at least half of the work registrants. Effective immediately.

SB 1806 (P.A. 101 - 0419) - Government Auditing Standards

The new law ( available via this link ) amends the Governmental Account Audit Act, the Counties Code, and the Illinois Municipal Code to remove definitions of "licensed public accountant" and "accountant." Adds a definition for "generally accepted auditing standards." 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. Removes audit report requirements for fiscal years prior to 2019. Modifies audit report requirements for fiscal year 2019 and beyond. Changes various terminology throughout. Effective January 1, 2020.

SB 2090 (P.A. 101 - 0442) - Voting in Jails/Prisons

The new law ( available via this link ) includes provisions requiring election authorities to collaborate with county jails to facilitate voting. Effective January 1, 2020.

SB 2146 (P.A. 101 - 0576) - Clean Water Infrastructure Grants

The new law ( available via this link ) directs the Department of Commerce and Economic Opportunity (DCEO) to create a Clean Water Workforce Pipeline program to provide grants and other financial assistance that promotes clean water infrastructure and workforce development efforts. Effective January 1, 2020.

ISACo Urges IMRF to Reconsider Costly Investment Assumption Change

In advance of an August 23, 2019, meeting of the Illinois Municipal Retirement Fund (IMRF) Board of Trustees, ISACo Executive Director Joe McCoy sent a letter to members of the IMRF Board to once again request that the Board vote on the matter of reversing its decision to reduce the annual assumed investment return. This issue was discussed at length during ISACo's Large County Board Caucus (LCBC) meeting on Friday, August 16.

The letter is available via this link.

At issue is a prior decision by the IMRF Board to reduce the Fund’s assumed investment return rate from 7.5% to 7.25%. This change will result in an increase in required employer contributions to IMRF. The ability to keep millions of dollars available for county operational expenses is at stake.

Of particular relevance is that IMRF is over 90% funded. Considering IMRF’s already strong financial condition, many county leaders object to sending additional local tax dollars to the Fund when these tax dollars are needed for other local purposes.

The IMRF Board did not include the issue on its August 23, 2019, meeting agenda. ISACo will continue working to resolve this issue and protect county budgets.

Cannabis Legalization Toolkit

The legislative sponsors of the recreational cannabis legalization law have assembled a "toolkit" to provide answers to various questions being raised by local governments about the new law. The toolkit is available via this link.

ISACo's Policy Brief on recreational cannabis legalization is available via this link.

2020 Census Funding Opportunity

The Illinois Department of Human Services (IDHS) announced that it has issued a Notice of Funding Opportunity (NOFO) to maximize Illinois' success in the 2020 Census. IDHS will award grants to eligible community organizations and local governments to encourage a complete count in the 2020 Census. The deadline for submitted applications is September 6, 2019 at 5:00 pm CT.

The full IDHS press release is available via this link.

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.