Key Issues

96th General Assembly This section is intended as a resource to learn more about legislation of interest to counties. The following list is not all-inclusive, nor is this a roster of bills favored or opposed by the IACBMC. You may access additional information by clicking on the bill number which will take you to the Illinois General Assembly website page for that specific bill. If you have comments or questions regarding any legislation, please contact the IACBMC office at (217) 528-5331 or iacbm@msn.com. The Following are the actions the Governor may take. Veto The action of the Governor in disapproval of a bill sent to him or her by the General Assembly. Veto, Amendatory The Governor returns the bill to the General Assembly with specific recommendations for change. The General Assembly may do nothing and the bill dies, the General Assembly may override the veto, or the General Assembly may accept the Governor's proposed changes. Veto, Item The Governor vetoes an item in an appropriation bill. The General Assembly may do nothing and the item dies, or the General Assembly may override the item veto. In either event, the remainder of the bill becomes law. Veto, Reduction The Governor reduces the amount of an item of an appropriation bill. The General Assembly may do nothing and the reduction stands, or the General Assembly may restore the item to its original amount. In either event, the remainder of the bill becomes law. Veto, Total The Governor vetoes the bill in its entirety. The General Assembly may do nothing and the bill dies, or the General Assembly may override the total veto. Approval by the Governor Signature of the Governor on a bill passed by the General Assembly, whereupon the bill becomes an Act. Public Act A bill that has been passed by the General Assembly and signed by the Governor (or otherwise has become law). After a bill has been signed by the Governor or otherwise becomes law, the Secretary of State assigns the bill a Public Act number, which is subsequently used to refer to the measure rather than the bill number. The Public Act number consists of the number of the General Assembly followed by a dash and then a number showing the order in which the law was filed with the Secretary of State. Public Acts for a particular year are bound into volumes referred to as the Session Laws of Illinois. Important Pending Bills Budget SB 3514-Amends the State Finance Act.-Order of concurrence in the Senate Provides that no payment from appropriations for State contributions shall be made in conjunction with payment of salary to an employee under the personal services line item from the General Revenue Fund. Amends the General Obligation Bond Act. Authorizes an additional $4,096,348,300 in Bonds to be used for the purpose of making the State's Fiscal Year 2011 required contributions to designated retirement systems. SB 3660-Passed Both Houses House Floor Amendment No.9-Creates the Emergency Budget Act of Fiscal Year 2011. Authorizes the Governor, through January 9,2011, to set aside a contingency reserve from certain FY11 appropriations. Requires the General Assembly to generate incremental revenues before the reserve may be used. Makes all State programs subjext to appropriation through January 9,2011. House Floor Amendment No.12- Amends the State Budget Law of the Civil Adminstrative Code of Illinois. Requires the Governor to prepare quarterly budget statements and to present periodic budget addresses to the General Assembly. Provides that appropriations may be adjusted during the fiscal year by means of one or more supplemental appropriation bills if any State agency either fails to meet or exceeds certain goals. Provides that, prior to the submission of the State budget, the Governor and each constitutional officer, in consultation with the approriation committees of the General Assembly, shall set certain statewide priorities and goals for the next fiscal year. Provides that the Governor shall recommend that appropriations be made to State agencies and officers based on those agreed upon priorities and goals. Provides that appropriations committees must review individual line item expenditures and the total budget for each Department. Amends the Governor's Office of Management and Budget Act and the Commission on Governemnt Forecasting and Accountability Act to provide that the Commission's revenue estimates must be prepared with any requested consultation from the Governor's Office of Management and Budget. House Floor Amendment No.14-Provides that, as soon as possible after the effective date of this Act, each State agency of the executive branch shall review each of its existing contracts. Provides that those State agencies shall seek to modify or terminate and re-bid those contracts if, upon review of the contract, the agency determines that it is in the best interest of the State to do so. House Floor Amendment No.17-Amends the General Assembly Compensation Act. Provides that, for fiscal year 2011 only (i) the amount allowed to members of the General Assembly for lodging and meals is $111 per day and (ii) mileage for automobile travel shall be reimbursed at a rate of $0.39 per mile. House Floor Amendment No.18-Amends the Compensation Review Act. Provides a fiscal year 2011 cost-of-living adjustment for State government legislative and executive elected officers and appointees in position for which the Compensation Review Board previously recommended or determined compensation. House Floor Amendment No.19-Makes changes to the bill as amended by House Amendment 9 to provide that General Assembly furlough days shall be calculated at 1/261st of the member's annual salary (instead of 1/365th). SB 3662- Passed Both Houses Creates the Fy2011 Budget Implementation (Finance) Act. Amends various Acts to make changes necessary to implement the Governor's FY2011 budget recommendations concerning finance. Effective July 1,2010. Bills of Note: HB 5154-Personal Record Review-Sent to the Governor Amends the Personal Record Review Act. Provides that disclosure of performance evaluations under the Freedom of Information Act shall be prohibited. Effective immediately. HB 5381-Circuit Clerk-Electronic Notice-Sent to the Governor Further amends the Clerks of Courts Act. Provides that the circuit clerk may provide notice to a party by hard copy or by electronic notice, pursuant to a uniform and standard policy adopted by the circuit clerk. Provides that a recipient may elect to receive notices by hard copy or electronically via the electronic address he or she has registered with the circuit clark and that the clerk must provide notice in the recipient's chosen format. Provides tbat for electronic notices, the circuit clerk shall mantain a copy of the electronic content and a delivery receipt. Provides that administrative communications of either the clerk or the court are not subject to the electronic notice requirements. Provides that if all policies and statutes are complied with, electonic notices shall have the same effect as hard copy notices. Effective immeditely. HB 5813-CIRCUIT BREAKER TAX DEFERRAL-Sent to the Governor Amends the Senior Citizen Real Estate Tax Deferral Act. Beginning in tax year 2011, increases in the taxpayer's income limit from $50,000 to $55,000. Provides that "qualified property" must not be held in trust, other than an Illinois land trust with the taxpayer identified as the sole beneficiary, if the taxpayer if filing for the program for the first time effective as of the January, 1 2010 assement year or tax year 2011 and thereafter. Effective as of the January 1,2010 assessment year or tax year 2011 and thereafter, provides that the total amount of any deferral shall not exceed $5,000 per taxpayer in each tax year. Provides that if the county collector and recorder allow a transfer of property to occur without collecting deferred taxes and interest, then the Department of Revenue shall withhold, from future deferral payments to the county, the amount necessary to pay off the deferral account. Provides that interest on the account shall continue to accrue until such time that the Department is able to withhold the amount or until such time that the county pays the total amount due. Effective immediately. HB 6241-Manufactured Home Installation Act-Sent to the Governor Provides that a manufactured home installed on private property that is not located in a mobile home park must be installed in accordance with the manufactureer's instructions and assessed and taxed as real property. Amends the Use Tax Act and Retailers' Occupation Tax Act. Provides that the tax imposed under the Acts on new mobile homes or new manufactured homes to be located outside a mobile home park shall be calculated against 40% of the selling price and against 100% of the selling price of building materials. Amends the Property Tax Code and the Mobile Home Local Services Tax Act to provide that a mobile home located outside of a mobile home park shall be assessed and taxed as real property. Provides that mobile homes that are located outside of mobile home parks and taxed under the Mobile Home Local Services Tax Act on the effective date of the amendatory Act shall not be classified, assessed, and taxed as real property until the home is sold, transferred, or relocated. Provides that mobile homes that are located inside mobile home parks must be considered chattel and must be taxed according to the Mobile Home Local Services Tax Act. Provides that the owners of certain mobile homes may file a request with the county that the home be classified, assessed, and taxed as real property. Makes other changes concerning the definitions of "mobile home" and "manufactured home". SB 1946-Pen CD-Public Act #96-0889 Amends the Illinois Public Labor Relations Act. Exempts the changes made to the Illinois Pension Code under this amendatory Act from provisions providing that, if there is a conflict between the Act and any other law, the provisions of the Act or any collective bargaining agreement negotiated under the Act shall prevail and control. Amends the Illinois Pension Code. Makes changes applicable to persons who first become employees and participants under any system under the Code, other than a downstate police or downstate firefighter pension fund, the Chicago Police pension fund, the Chicago Firemen pension fund, or the Retirement Plan for Chicago Transit Authority Employees or service as a SLEP under IMRF, on or after the effective date of the amendatory Act concerning the following: conditions for retirement, calculation of salary, annual increases, survivor's annuities, and application of alternative formula provisions. Amends the Chicago Teacher Article of the Illinois Pension Code. Sets forth a new employer contribution schedule. Amends the State Mandates Act to require implementation without reimbursement. Contains a severability clause. Provides that certain provisions are effective immediately SB 2093-Star Bonds-Sent to the Governor Replaces everything after the enacting clause. Creates the Innovation Development and Economy Act. Contains provisions concerning (i) the establishment of STAR bond districts, (ii) the approval of STAR bond projects, (iii) co-developers and subdevelopers of STAR bond projects, (iv) the source of payment for STAR bonds, (v) the imposition of STAR bond occupation taxes, (vi) the STAR Bonds School Improvement and Operations Trust Fund, (vii) the issuance of alternative bonds and general obligation bonds, (viii) amendments to STAR bond districts, (ix) restrictions, (x) reporting taxes, (xi) the STAR bonds review committee, (xii) severability, (xiii) rules, (xiv) open meetings and freedom of information, (xv) restrictions, and (xvi) powers of political subdivisions. Makes changes pertaining to STAR bonds in the Illinois State Auditing Act, the Counties Code, the Illinois Municipal Code, the Metropolitan Pier and Exposition Authority Act, the Regional Transportation Authority Act, the Metro-East Park and Recreation District Act, the Local Mass Transit District Act, the Flood Prevention District Act, and the Water Commission Act of 1985. Amends the State Finance Act to create the STAR Bonds Revenue Fund and the STAR Bonds School Improvement and Operations Trust Fund. Amends the New Markets Development Program Act. Increases the annual cap on credits from $10,000,000 to $20,000,000. Amends the Illinois Income Tax Act. Creates a credit for taxable years beginning after December 31, 2010, and ending on or before December 31, 2016 in an amount equal to 25% of the claimant's investment made directly in a qualified new business venture. Contains a nonacceleration clause. Contains other provisions. Effective immediately, except that certain provisions take effect on July 1, 2010 or January 1, 2011. Fiscal Note, House Floor Amendment No.4 (Dept. of Revenue) The Department of Revenue was not provided with a plan or detailed description of the proposed development, its precise location, or any financial details. This information is critical to provide a comprehensive analysis of the proposed STAR Bonds development. Thus, the estimate below is limited in scope. SB 2093 (H-AM 4) would cost the State $12,500,000 per year over a 23 to 35 year period totaling between $287.5 million and $437.5 million in future sales tax revenue as estimated by the Department of Revenue. These funds would be diverted to the STAR Bond district. Based on the information provided by the developer, the Department is unable to forecast the impact on existing sales tax revenue. SB 2529-County Code Coroner's fees-Sent to the Governor Adds that the county treasurer shall establish a special account in the county treasury for the deposit of the coroner's fees (now, the fees are deposited into the general fund of the county). Provides that moneys in the special account shall be used solely for the purchase of electronic and forensic identification equipment or other related supplies and the operating expenses of the coroner's office. Effective immediately. SB 3474-IFA-American Recovery Bonds-Still in Senate Amends the Illinois Finance Authority Act. Authorizes the Authority to adopt implementing regulations for the American Recovery and Reinvestment Act of 2009 (ARRA). Contains provisions concerning recovery zones, allocations and reallocations under ARRA, bond authorizations, and other matters. Effective immediately. SB 3540-JUV CT&CD Corr Fees-Sent to the Governor Amends the Juvenile Court Act of 1987. Increases from $25 to $50 the monthly fee imposed by the court for a minor placed on supervision, probation, or conditional discharge. Amends the Unified Code of Corrections. Eliminates provisions that the circuit court when imposing a probation fee in excess of $25, must use guidelines developed by the Administrative Office of the Illinois Courts and must have authorized, by administrative order issued by the chief judge, the creation of a Crime Victim's Services Fund, to be administered by the Chief Judge or his or her designee, for services to crime victims and their families. House Bills Passed Both Chambers HB859 $DPH-AUTOIMUNE GRANTS HB4644 PEN CD-SERS-FURLOUGH CREDITS HB4927 NURSING HOME CARE-VACCINATIONS HB5483 OPEN MEETINGS-MINUTES HB6241 PROP TX-MOBILE HOMES House Bills Sent to the Governor HB3998 COUNTY TIF-GRUNDY HB4758 CNTY CD-ENERGY IMPROVEMENTS HB4797 PROP TX-WIND FARMS-EXTEND HB4945 LOCAL GOV JOINT INVESTMENTS HB4960 PEN CD-IMRF-ADMINISTRATIVE HB5154 PERSONNEL RECORD-EVALUATION HB5206 ELECTIONS-DECEASED VOTERS HB5214 VETERANS COURT-TECH HB5232 LEGAL NOTICES-PUBLICATION-WEB HB5295 MUNICIPAL PROSECUTION FEE HB5381 CIR CLERK-ELECTRONIC NOTICE HB5813 CIRCUIT BREAKER TAX DEFERRAL HB5914 CD CORR-JUV PAROLE HB5969 VEH CD&CRIM CD-FORFEITED VEH HB5972 CNTY CD-CODE HEARING UNIT HB6062 LOCGOV-CREDIT CARD ACCEPTANCE HB6099 AGRICULTURE-FERTILIZER ACT HB6178 COUNTY JAIL-MEDICAL EXPENSES HB6235 COOK CNTY-POST UNCASHED CHECKS HB6239 CNTY/VEH CD-ADMIN ADJUCIATION Senate Bills Passed Both Chambers SB0049 IDOT-ROAD SALT GRANTS SB3012 ELECTIONS-PETITION FILING TIME SB3660 ENT ZONES-MIN UNEMPLOYMENT SB3662 INC TAX-ENTERPRISE ZONE SB3749 CNTY CD-COPIES OF RECORDS-FEES Senate Bills Sent to the Governor SB0043 PREVAILING WAGE-PROJECTS SB0575 ALEXANDER-CAIRO PORT DISTRICT SB0580 WATER COMMISSIONS-COUNTIES SB2093 COMMUNITY MHDD SERVICE FUNDS SB2190 LOCAL GOVERNMENT-TECH SB2350 PROP TX-RETURNING VETERANS SB2529 COUNTY CD-CORONER'S FEES SB2612 UTILITIES-LOCAL TAX AUDITS SB2986 DOT-LAND CONVEYANCES SB3139 PROP TX-PTELL-EXTENSION BASE SB3152 TIF-NOTICE-INTERGOV AGREEMENTS SB3183 GOVT ETHICS-ECONOMIC INTERESTS SB3211 SOS-CORPORATIONS-RECORDER SB3334 PROP TX-FAIR CASH VALUE SB3462 MOTOR FUEL TAX-DISTRIBUTION SB3478 CNTY CD-CREMATE UNCLAIMED BODY SB3508 CLERK CT-ELECTRON CITATION FEE SB3540 JUV CT&CD CORR-FEES SB3552 MOBILE HOME TAX-PENALTY-DELAY SB3585 CORONER-REPORT FIRE FATALITIES SB3659 ENTERPRISE ZONE-EXTEND 20 YRS SB3661 ENTERPRISE ZONES-30 ADDITIONAL SB3800 CRIM CD-PUBLIC RECORDS-TAMPER House Bills Signed by Governor HB0059 HUMAN RTS-REVIEW-CIVIL ACTION HB0547 IDENTITY PROTECTION ACT Senate Bills Signed by Governor SB1868 COOK CTY BD-OVERRIDE VETO

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