ISACo News and Views E-Newsletter for January 4, 2023

1/4/2023 Joe McCoy

Happy New Year!

This week's Illinois State Association of Counties (ISACo) News and Views e-newsletter provides a preview of the final session days of the 102nd General Assembly, includes an update on the status of the pre-trial fairness provisions within the SAFE-T Act, links to an updated version of ISACo's Public Acts Report with new laws enacted in 2022, shares key dates and deadlines for the 103rd General Assembly, highlights ISACo corporate partner Illinois Public Reserves Investment Management Trust™ (IPRIME™) and invites counties to join ISACo.

Legislators Convene for "Lame Duck" Session

The 102nd General Assembly will convene today and is scheduled to remain in session through January 7 and then return on January 10. On January 11, the 103rd General Assembly will be inaugurated and a new two-year legislative cycle will begin.

The General Assembly is expected to debate an assault weapon ban during the final days of the 102nd General Assembly. The legislation, HB 5855, was filed by Representative Bob Morgan (D-Deerfield).

Another issue that may be considered during the "lame duck" session or following the inauguration of the 103rd General Assembly is the much-anticipated trailer bill to a new law (P.A. 102-0732) enacted on May 6, 2022, that made changes to the relationship between counties and their Veterans Assistance Commissions (VAC). ISACo's Policy Brief about this law is available here.

On November 30, 2022, Representative Stephanie Kifowit (D-Aurora) filed HB 5853. The bill proposes modifications to the underlying law.

Over the past several months ISACo has been advocating for sensible changes to the law. Our advocacy requests are included within a letter sent to the Attorney General's Office and the primary sponsors and co-sponsors of the legislation. HB 5853 includes some, but not all, of ISACo's requested changes. While the bill includes several changes that improve the underlying law, ISACo has expressed significant concerns about the financial impact on counties created by P.A. 102-0732 and the lack of more meaningful county board oversight for the expenditure of tax dollars in HB 5853 as currently drafted.

ISACo published an Issue Brief with more details about HB 5853. 

The General Assembly is also expected to take up legislation creating incentives for the manufacturing of electric vehicles in Illinois and a bill to provide workers with seven days of paid time-off for sick leave and family emergencies.

SAFE-T Act Litigation Update

As readers are likely aware, on December 28, 2022, a Circuit Court Judge in Kankakee County ruled that the elimination of cash bail by the General Assembly violated the Illinois Constitution. Following this ruling, cash bail was determined to remain in effect for the 64 plaintiff counties involved in the consolidated litigation while awaiting an appeal to the Illinois Supreme Court.

On December 31, 2022, the Illinois Supreme Court issued an order staying the pre-trial fairness provisions of the SAFE-T Act "to maintain consistent pretrial procedures in Illinois until the Court can hear the appeal, which will be heard on an expedited basis." This stay preserves cash bail in all 102 counties for the time being.

The stay followed a filing by DuPage County State's Attorney Bob Berlin and Kane County State's Attorney Jamie Mosser. State's Attorneys Berlin and Mosser proceeded with the filing to prevent jurisdictional chaos by providing consistent procedures and to avoid an equal protection problem for Illinois residents.

Attorney General Kwame Raoul issued the following statement concerning the Illinois Supreme Court appeal process:

As we have stated previously, my office filed an appeal with the Illinois Supreme Court because in this matter, only the Supreme Court's final decision on the merits will be binding on all Illinois courts. It is important to note that the order issued today by the court is not a decision on the merits of the constitutionality of the SAFE-T Act, and I appreciate the court's interest in expediting the appeal. We look forward to mounting a robust defense of the constitutionality of the law and ensuring that it goes into effect across the state.

ISACo will monitor the litigation and provide updates as events develop. 

ISACo published an index of the key provisions within the SAFE-T Act trailer bill (P.A. 102-1104) approved during the Veto Session. The index is intended to assist county officials and staff in navigating the provisions of this most recent update to the statute.

ISACo 2022 Public Acts Report

The new year brings new laws and ISACo has updated our Public Acts Report: Legislation of Interest to Counties Enacted in 2022. County officials and staff are encouraged to review the report to ensure awareness of and compliance with those new laws that directly impact counties. 

Key 2023 Legislative Session Dates and Deadlines

January 4-7 and January 10: Final Session Days for 102nd General Assembly

January 11: Inauguration of the 103rd General Assembly

January 27: Deadline for Senate LRB Requests

February 3: Deadline for House LRB Requests

February 10: Deadline for Introduction of Substantive Senate Bills in the Senate

February 15: Governor's State of the State/Budget Address

February 17: Deadline for Introduction of Substantive House Bills in the House

March 10: Deadline to Move Substantive Bills Out of Chamber of Origin

March 24: Deadline for Third Reading of Substantive House Bills in the House

March 31: Deadline for Third Reading of Substantive Senate Bills in the Senate

April 28: Deadline for Moving Bills Out of Committees in Opposite Chamber

May 11: Deadline for Third Reading of Substantive House Bills in the Senate

May 12: Deadline for Third Reading of Substantive Senate Bills in the House

May 19: Adjournment

Corporate Partner Spotlight

This week's corporate partner spotlight highlights ISACo's partnership with Illinois Public Reserves Investment Management Trust™ (IPRIME™), is an investment pool for Municipal Treasurers acting on behalf of counties, townships, cities, towns, villages, libraries, park districts, water supply districts, fire protection districts, sanitary districts, housing authorities and other subdivisions of the State of Illinois.

The IPRIME Investment Shares Series is rated AAAm by Standard & Poor’s.

The Investment Shares Series is comprised of money market instruments having a maximum remaining maturity of one year (except U.S. government obligations that may have remaining maturities of up to two years).

The primary objectives of the Investment Shares Series are to offer the highest possible investment yield, protect principal, preserve liquidity and maintain Standard & Poor’s highest local government investment pool rating of AAAm. In addition, the Fund offers access to PMA Financial Network, LLC’s Fixed Income and Deposit Programs. With the experience and expertise of PMA, the Investment Shares Series grants investors access to a powerful investment management team that functions with a high standard of vision, synergy, and quality.

Click here to visit their website.

Click on this link to learn more about the benefits and opportunities available through ISACo's Corporate Partner Program.

Become an ISACo Member!

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 ISACo member counties are listed here. Thank you for your consideration.