NEW Legislative Newsletter - April 2, 2018 Update
Latest Bill Tracking Update ... April 24, 2018
Legislative Session News ... April 20, 2018
United Counties Council of Illinois (UCCI) tracks legislation pending before the Illinois General Assembly that is of interest to county government. Access to currently proposed legislation being tracked is available through the reports listed below. A schedule, by date, of those pieces of legislation being tracked by UCCI that are currently set for committee hearing is provided for your review and information, as well as, a listing of all bills that have passed both chambers.
SENATE 2018 Session Calendar HOUSE 2018 Session Calendar
LEGISLATIVE NEWSLETTER ... April 2, 2018 UPDATE
As we track the legislative proposals under consideration by the members of the second year of the 100th Session of the Illinois General Assembly, we cannot avoid the obvious fact that this is an election year – all the constitutional officers, all members of the Illinois House of Representatives and two-thirds of the members of the Illinois State Senate are up for re-election.
We are not suggesting that elections and politics will enter into the equation of how voting patterns at home impact the voting in Springfield ... after all, a good bill is a good bill regardless of when it is voted upon ... but, priorities on how limited revenues are to be spent will be under consideration by all members of the Illinois General Assembly.
Currently, Illinois is facing a significant backlog in unpaid bills and serious underfunding of the various state pension plans. The November 2018 general election will not be a magic wand that prints the money to pay and fund all programs, but the electorate will want to hear what their elected officials have in mind.
Thus, the terms ... Budget – Appropriation – Transfers – Local Funding – Freeze – Entitlements – Cost Share ... will be carefully sprinkled into conversations and policy statements. As significant as the discussion of the FY2018-2019 budget will be, the review and debate on substantive legislation will be just as critical. Very few legislative proposals are embraced by all members of the Illinois General Assembly, and this year will not be an exception.
SB2638 and HB4104 (Audit Report Standards) would seem to be quite innocent on first glance ... until you consider the costs to local government to convert to different “generally accepted auditing standards”. And, litigation costs of “sexually dangerous persons” (HB4556) should not be controversial ... until the term “litigation costs” is broadened to include the costs of expert witnesses. Even the simple act of your Human Resources department or staff who wish to expand their staff could be impacted by HB4163.
HB4163 addresses the very issue that our recent UCCI seminar on labor law reviewed ... “Are you really hiring someone to fill a defined position – or, are you seeking to spend a certain amount of money”. HB4163 would prohibit previous salary history of the applicant from being a factor in the hiring process.
This very issue passed the Illinois General Assembly in 2017 ... but, was vetoed by the Governor. It has been reintroduced as HB4163.
And, of course, there are several proposals on term limits for members of the Illinois General Assembly, and a constitutional amendment to create an independent redistricting commission to draw the district boundaries for both State of Illinois legislative districts and congressional districts. This is not just an Illinois issue, but a national issue ... the United State Supreme Court heard oral arguments last Thursday on a State of Maryland case on this very issue. Can you base district boundaries on political grounds ... assuming, all other population issues are in compliance.
As you can see, it will be a busy time in Springfield this session. We will be providing you updates, and are always available to respond to your inquiries.
Legislative Tracking Report highlights a number of bills being tracking by UCCI that are currently pending before the Illinois General Assembly.
LEGISLATIVE SESSION NEWS ... Latest Update, April 20, 2018
2018 Illinois General Assembly
Both the House of Representatives and the Senate worked through the week, with both chambers returning next week to meet Monday through Friday. Next Friday, April 27, is the deadline to have substantive bills considered on the floor of their respective chambers.
In some way, shape or form 609 pieces of legislation impact county government.
HB4104 PASSES THE HOUSE ... UPDATE on a bill concerning local government audits. UCCI has been very concerned as to the original language contained in HB4104 and the negative impact that legislation would have if passed in its original form. We are pleased to advise that our amendatory language was adopted as an amendment to HB4104, thus allowing current practices to continue. HB4104 did pass the House this afternoon and now goes to the Senate, where we can expect favorable adoption in that chamber also.
HB4556 ... a bill dealing with sexually dangerous persons/costs thereof. UCCI opposes this bill in its current form. We are desirous of working with the sponsors ... and, hopefully, to have them amended.
Contact your local State Representative, advising them of our opposition until satisfactorily amended.
Governor Rauner delivered his annual Budget Address on February 14th, before a joint session of the Illinois Senate and House of Representatives. Highlights of the various points made by the Governor in his Budget Address, as prepared by Mischa Fisher, Advisor to the Governor, Chief Economist, can be found here.
Public Act 100-554 ... Requirement to Establish a Policy Prohibiting Sexual Harassment
The provisions of Public Act 100-554 require each governmental entity to adopt, by January 16, 2018, an ordinance or resolution establishing a policy to prohibit sexual harassment. The requirements of what that policy should include are specifically spelled out in Section 70-5.
UCCI legal counsel, Giffin-Winning-Cohen-Bodewes, has prepared both a model ordinance and a model policy designed specifically for counties to adopt, in tandem, that strictly address the requirements of the Act.
You may find, or already be aware of, other "boilerplate" models circulating around. County Board Members should carefully consider any models proposed to their Boards to determine if they are consistent with existing policies and meet their particular needs.
Access UCCI Model Ordinance here.
Access UCCI Model Policy here.
Small Wireless Facilities Deployment Act ... SB1451 HA#2
House Amendment #2 to SB1451 was offered on Tuesday, November 7th.
Below is a summary of this amendment, and what it does and does not do.
Addresses concerns with public safety conflicts
- Requires critical information about equipment be provided as part of application process
- Creates a process to address interference issues between commercial and public safety equipment at the wireless provider’s expense
- Allows local government to terminate permits if interference issues not resolved
Provides additional authority for local governments to regulate deployment
- Enhances protections in residential/mixed use neighborhoods and designated historic/landmark areas
- Allows local governments greater flexibility to recommend alternative locations
- Provides ability to regulate equipment size and height
- Requires appropriate stealth measures where applicable
- Prevents non-wireless providers or other private companies from accessing local government facilities
- Provides process to address abandoned equipment
- Extends timeframe to review new pole applications
Alleviates fiscal impact on local taxpayers
- Increases permit fees to compensate local taxpayers for the cost of performing highly technical permit reviews - $1,000 for installing a new pole and $650 for a single collocation application and $350 each for applications that are batched in groups of 2-25 (Senate version was $350 for all permit fees which did not take into account unique costs of reviewing new poles or standalone collocation requests)
- Preserves the terms of existing agreements between local governments and wireless providers for two years from enactment (Senate version only six months)
- Provides a three year “sunset” to address issues that emerge from the impact of deployment
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