The General Assembly is scheduled to adjourn the spring legislative session on Monday, May 31, 2021. This week's Illinois State Association of Counties (ISACo) News and Views e-newsletter encourages county officials to contact their legislators to oppose a proposed reduction in state-shared revenue, requests that county officials contact their state legislators about county board reapportionment, shares a letter from ISACo to the sponsors of the "Consumers and Climate First Act" opposing restrictions on county authority, conveys ISACo's opposition to legislation amending the Criminal and Traffic Assessment Act, reports on a newly-filed ethics amendment for elected officials, provides a link to assist counties in applying for federal funds for local projects through Senator Durbin's Office, provides information about Illinois' $20.7 billion multi-year transportation investment plan, shares a quarterly newsletter from the Illinois Department of Revenue (IDOR) pertaining to local taxes, includes information about new amendments and the status of bills of interest to counties, invites county officials to participate in a National Association of Counties (NACo) national membership call concerning the State and Local Fiscal and Recovery Funds, highlights ISACo Corporate Partner Christopher B. Burke Engineering, Ltd. and invites counties to join ISACo.

ISACo welcomes Jackson County as our newest member!

Cook County President Preckwinkle Opposes Proposed LGDF Cut

On Wednesday, May 19, 2021, Cook County Board President Toni Preckwinkle joined suburban mayors in calling upon state legislators to oppose any reduction to LGDF.

"After such a difficult year for our local governments and local economies during the pandemic, municipalities in Cook County and across the state cannot afford additional revenue losses during this period of recovery," Preckwinkle said. -Cook County Board President Toni Preckwinkle- 

ISACo continues to advocate in opposition to Governor Pritzker's State Fiscal Year (SFY) 2022 budget proposal to reduce Local Government Distributive Fund (LGDF) allocations to municipalities and counties by 10% compared to the SFY 2021 distribution level. LGDF is the mechanism through which state income tax dollars are shared with counties and municipalities.

ISACo launched a “Protect County LGDF Revenue” page on our website with additional information about LGDF and tools for use in communicating opposition to the reduction with your state legislators and the Governor. The SFY 2022 state budget will be finalized over the coming days. ISACo requests that your county contact your state legislators to oppose this proposed reduction in county revenues!

ISACo Continues to Request that County Officials Contact Legislators about County Board Reapportionment 

ISACo has shared two different proposals with legislators that would accommodate counties seeking to use updated federal census data to reapportion county board districts in light of the data being delayed. We ask that county officials contact their state legislators to convey the importance of changing the law to assist counties with their statutory obligation to redraw county board districts using current and accurate census data.

New state legislative district maps were released on Friday, May 21, 2021. The proposed Illinois House map is available here. The proposed Illinois Senate map is available here.

The following hearings have been scheduled for this week to discuss the proposed maps:

• Tuesday, May 25 at 4:00 PM – Joint House and Senate Hearing
• Tuesday, May 25 at 6:00 PM – House Hearing
• Wednesday, May 26 at 4:00 PM – Joint House and Senate Hearing
• Wednesday, May 26 at 6:00 PM – Senate Hearing

ISACo Letter Opposing Restrictions on Local Wind and Solar Siting Authority in Energy Legislation

On Friday, May 21, 2021, ISACo Executive Director Joe McCoy sent a letter to the House and Senate sponsors of the "Consumers and Climate First Act" to oppose provisions restricting county authority to regulate the siting of wind and solar facilities. HB 4074 (Representative Buckner, D-Chicago/Representative Ramirez, D-Chicago) is presently in the House Rules Committee and SB 2896 (Senator Villanueva, D-Summit) is currently in the Senate Assignments Committee. The provisions of the energy legislation are being discussed and further negotiated and a final version is expected to emerge prior to the May 31 scheduled adjournment date.

ISACo Opposes Proposed Modification to the Criminal and Traffic Assessment Act

SB 626 (Senator Collins, D-Chicago/Representative Cassidy, D-Chicago) would reduce the financial penalties imposed on defendants ordered to pay a criminal or traffic assessment. According to a fiscal note filed by the Administrative Office of the Illinois Courts, the proposed legislation would "likely have a negative fiscal impact on local circuit court budgets, as well as state, county, and municipal entities and law enforcement agencies who share revenue collected from traffic assessments." The bill is presently on Third Reading in the House but, if approved, must return to the Senate because it was amended in the House. ISACo Opposes

Senate Republicans Introduce Ethics Amendment

On May 13, 2021, the Senate Republican Caucus filed an amendment (SA#1 to SB 1350 - Senator Curran, R-Downers Grove) with several ethics reforms for elected officials (primarily state officials). The amendment also creates a uniform statement of economic interest form that must be completed by all persons required to file that form under the Act and changes the nature of the required disclosures. Additionally, the amendment repeals a provision that established a separate form for persons required to file a statement of economic interest with county clerks. The amendment was discussed during a press conference held on Monday, May 18. The press release discussing the amendment is available via this link. The amendment is presently in the Senate Assignments Committee.

Senate Democrats filed an ethics reform amendment on April 16, 2021 (SA#1 to SB 4 - Senator Gillespie, D-Arlington Heights). The amendment was adopted by the Senate Ethics Committee on April 21. The bill remains in the Senate.

There is an expectation that the General Assembly will send ethics reform legislation to the Governor during the 2021 legislative session.

Counties Encouraged to Submit Requests for Project Funding

ISACo was contacted by the Office of Senator Dick Durbin and asked to share with counties that Senator Durbin is now accepting funding requests for Illinois-based projects as part of the restoration of the federal earmarks process. Additional information, including project eligibility guidance, is available via this link. The deadline for electronic submissions is Wednesday, May 26, 2021, at 5 pm.

Governor Pritzker Announces Six-Year $20.7 Billion Transportation Plan

On May 16, 2021, Governor JB Pritzker joined the Illinois Department of Transportation (IDOT) and labor, legislative and local leaders to announce the release of a $20.7 billion multi-year plan to improve Illinois' roads and bridges over the next six years. The plan is intended to reinforce Illinois' leadership as a transportation hub and create thousands of jobs as the state seeks to spur economic growth following the COVID-19 pandemic. The latest multi-year plan builds on significant infrastructure investment over the past two years, with over 2,700 miles of state and local roadways and 290 bridges already improved through Rebuild Illinois. 

IDOR Quarterly Local Tax Allocation Division Newsletter

The Illinois Department of Revenue (IDOR) published its May 2021 Local Tax Division (LTAD) newsletter. This newsletter is intended to provide updates and news from the LTAD. Included within this newsletter is registration information for IDOR's upcoming Local Government Workshop scheduled for June 16, 2021. 

Bills of Interest Approved by Both Chambers Last Week

SB 337 - Courts - Security Officers (No Position)

SB 501 - Duplicate Township Names (ISACo Initiative)

SB 651 - Juvenile Court - Venue Transfer (No Position)

SB 1681 - Line of Duty - Probation Officers (No Position)

SB 2278 - County Mental Health Boards Control Over Revenue (Oppose)

Bills of Interest Approved by the Senate Last Week

SB 1794 - Local Government - Utilities (No Position)

Bills Approved by Committees Last Week

HB 34 - Enterprise Zone Eligibility (Support)

New Amendments Relevant to Counties Filed Last Week

To view amendments after opening the provided link, please click on "full text." Links to amendments are found at the top of the webpage that opens after clicking on "full text." 

House Amendments

HB 1443 (HFA 5) In provisions amending the Compassionate Use of Medical Cannabis Program Act, makes changes to the definition of "Social Equity Justice Involved Applicant". Requires cannabis in a vehicle to be in a reasonably secured, sealed or resealable (rather than a reasonable secured, sealed) container. In provisions amending the Cannabis Regulation and Tax Act, makes the following changes. Removes language providing that any person 21 years of age or older in possession of cannabis shall not be required to possess cannabis in a container that meets specified requirements. Provides an exception for breaching the confidentiality of information obtained under the Act. Provides that specified applicants may not be located within 1,500 of a dispensing organization licensed under provisions regarding Early Approval Adult Use Dispensing Organization Licenses or Early Approval Adult Use Dispensing Organization License secondary sites (rather than within 1,500 of a dispensing organization), unless specified requirements are met. Provides that if awarding a license in a Tied Applicant Lottery would result in a Tied Applicant possessing more than 10 specified licenses, or any combination of the specified licenses, (rather than only the specified licenses) the Tied Applicant must choose which license to abandon. Restores language requiring any product containing cannabis to be sold in a container that, among other things, must be odor-proof.

SB 104 (HFA 2) Provides for repeal of provisions concerning delivery and carry out of mixed drinks on January 3, 2024 (rather than January 1, 2025). Further amends the Liquor Control Act of 1934. Provides that, from June 10, 2021 through July 10, 2021, a retail licensee may offer a single drink of alcoholic liquor at no cost to a customer as part of a publicly advertised promotion to encourage participation in any COVID-19 vaccination program if the customer provides proof of COVID-19 vaccination received at any time. Provides that drinks may be provided only from 6 p.m. through 10 p.m. Provides that a retail licensee's participation in providing a single drink of alcoholic liquor is voluntary. Allows the retail licensee to determine or restrict which single drink of alcoholic liquor it will provide at no cost but provides that under no circumstances may a single drink of alcoholic liquor exceed 1.5 ounces of distilled spirits, 5 ounces of wine, or 12 ounces of beer. Allows a local liquor control commissioner or local liquor control commission to prohibit retail licensees within its jurisdiction from providing a single drink of alcoholic liquor at no charge by promulgating a rule or policy preempting this Section.

SB 583 (HFA 2) Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Further amends the Clerks of Courts Act to allow the clerk of court to accept payment of fines, penalties, or costs by certified check. Removes the changes to the Criminal and Traffic Assessment Act.

SB 921 (HFA 1) Replaces references to the Illinois Emergency Operation Plan with references to State and local emergency plans.

SB 2122 (HFA 1) Amends the Juvenile Court Act of 1987. In a provision concerning the prohibition of deceptive tactics, provides that the presumption of inadmissibility of a confession of a minor, who at the time of the commission of the offense was under 18 years of age (rather than by a suspect), at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. Further amends the Code of Criminal Procedure of 1963 to make a conforming change.

SB 2244 (HFA 1) Amends the Senior Citizens Real Estate Tax Deferral Act. Provides that the income limitation under the Act is $65,000 for tax years 2022 through 2025 and $55,000 for tax year 2026 and thereafter (currently, $55,000). Provides that, for tax years 2022 through 2025, the total amount of any such deferral shall not exceed $7,500 per taxpayer in each tax year (currently, $5,000). Provides that, beginning again in tax year 2026, the total amount of any such deferral shall not exceed $5,000.

SB 2356 (HFA 1) Provides that when a public body is dissolved, disbanded, eliminated, or consolidated by executive action, legislative action, or referendum, and its functions and responsibilities are assumed by a unit of local government, the unit of local government which assumes the functions of the prior public body shall review the closed session minutes of that public body.

Senate Amendments

HB 2784 (SFA 2) Adds additional responsibilities for 9-1-1 Public Safety Answering Point telecommunicators and emergency service providers. Places the applicability and home rule preemption provisions in a separate Section of the bill.

HB 2806 (SCA 1) Excludes from the definition of "member" an individual who is appointed to fill a vacancy on an elected board of a unit of local government.

HB 3443 (SCA 1) Amends the Sexual Assault Survivors Emergency Treatment Act. Makes changes to effective and repeal dates. Amends the Criminal Code of 2012. Defines "coercive control". Provides that a person commits criminal sexual assault if that person commits an act of sexual penetration and uses coercive control. Amends the Code of Criminal Procedure of 1963. Provides that in a prosecution of any violent crime as defined in the Rights of Crime Victims and Witnesses Act, the court may set any conditions it finds just and appropriate on the taking of testimony of a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability, involving the use of a facility dog in any proceeding involving that offense. Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall consult with the crime victim regarding the State's Attorney's decision not to charge an offense and that the victim has the right to have an attorney, advocate, and other support person of the victim's choice attend this consultation with them. Provides that the office of the State's Attorney shall give the crime victim timely notice of any decision not to pursue charges and consider the safety of the victim when deciding how to give such notice. Provides that no later than January 1, 2023, the Office of the Attorney General shall: (1) designate an administrative authority within the Office of the Attorney General to receive and investigate complaints relating to the provision or violation of the rights of a crime victim; (2) create and administer a course of training for employees and offices of the State of Illinois that fail to comply with provisions of Illinois law pertaining to the treatment of crime victims; and (3) have the authority to make recommendations to employees and offices of the State of Illinois to respond more effectively to the needs of crime victims, including regarding the violation of the rights of a crime victim. Provides for penalties for violations of victim's rights by certain offices and employees. Provides that the court shall impose upon the office a civil penalty of not less than $500 nor more than $5,000 for a specified violation and the court shall consider in aggravation or mitigation the budget of the office and whether the office has previously been assessed penalties for certain violations as well as the harm to the victim. Provides that a prosecuting attorney who seeks to subpoena information or records concerning the victim that are confidential or privileged by law must first request the written consent of the crime victim. Makes other changes. 

SB 52 (SCA 1) Amends the Video Gaming Act. Provides that a non-home rule unit of government may not impose any fee for the operation of a video gaming terminal in excess of $250 (rather than $25) per year.

SB 225 (SFA 1) Specifies that provisions prohibiting the release of facial recognition search services or photographs to law enforcement shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs when the purpose of the request relates to criminal activity other than violations of immigration laws.

SB 1370 (SFA 1) Creates the Vaccine Credential Act. Provides that a unit of local government or the State may not require a person to have a vaccine credential or show a vaccine credential before the person enters a public event or public venue. Limits home rule powers. Defines "vaccine credential" as any written or electronic record evidencing that a person has received a vaccine. 

Upcoming NACo Webinar

NACo has announced the following upcoming webinar opportunity:

National Membership Call

(Tuesday, May 25, 2021, 12pm-12:30pm CST)

Join the National Association of Counties (NACo) and the U.S. Department of the Treasury for a NACo national membership call. The call will provide an update about the State and Local Fiscal and Recovery Funds. Submit questions in advance of the call to questions@naco.org. 

Click on this link to register for the call.

CORPORATE SPONSOR SPOTLIGHT

This week's corporate partner spotlight highlights ISACo's partnership with Christopher B. Burke Engineering.

Started in 1986, Christopher B. Burke Engineering, LTD. is a full-service consulting engineering and surveying firm specializing in civil, transportation/highway, municipal, traffic, water resources, environmental, structural and mechanical engineering. The company provides not only design services, but also planning, preliminary engineering, permitting, and construction observation. Christopher B. Burke Engineering, LTD. successfully completed the design, permitting and construction of numerous major transportation projects, flood control reservoirs, pump stations, embankments, water mains and water systems, storm sewers, and large open channels. 

More information about the services provided by Christopher B. Burke Engineering, LTD. is available via this link.

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

Become an ISACo Member!