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4.16.2010

#8-2010

TO: IAPD Members

FROM: Peter Murphy, IAPD President and CEO

SUBJECT: Legislative Update

MUSEUM GRANTS

The IDNR has just announced that applications are being accepted for the FY10 Illinois Public Museum Capital Grants Program.

The Illinois Department of Natural Resources has been appropriated $50 million for the Public Museum Capital Grants Program as part of the FY10 Capital Budget and $15 million has been made available for grants in this fiscal year. Due to the fact there has not been a program since 2004 and there is a large demand for these funds, the maximum grant award will be $1,000,000 in FY10. Project matching requirements will be based on attendance from the previous year. Since the program funding emanates from Capital Development Bond Funds, only those museums operated by or located upon land owned by a unit of local government will be eligible. Projects or a phase of a project must be able to be completed within the 2-year contract period. Grant funds are distributed on a reimbursement basis. The museum or fiscal agent must incur 50% of the project costs before requesting reimbursement. A copy of the Application Forms and Application Guidelines can be found at: http://www.museum.state.il.us/programs/musgrants/ or to request application forms electronically in MS Word format, email [email protected].

mailto:[email protected]

http://www.museum.state.il.us/programs/musgrants/

In order to receive full consideration, applications must be received by 5:00 p.m., May 21, 2010. Mail seven (7) completed Application Forms and Attachments to: Damon Stotts, Public Museum Grants Program, Department of Natural Resources, One Natural Resources Way, Springfield IL, 62702. Applications may not be submitted by fax. If you have any questions, contact [email protected], the program coordinator, at 217/524-8538.

LEGISLATIVE ACTION

This week the Illinois General Assembly returned from its spring break with session days beginning Tuesday, April 13 through Thursday, April 15, 2010. Next week the General Assembly will reconvene and work Tuesday, April 20 through Friday, April 23, 2010. Friday is the deadline in both the House and Senate for committee action on substantive legislation. Any bill not reported out of committee by April 23, 2010 will most likely be considered dead for this legislative session. This week a number of bills of interest to the IAPD were approved in committee. For a complete list of all legislative action see the list below. The most recent activity appears in red following the bill synopsis. If you have any questions, please do not hesitate to contact me at 217/523-4554.

HOUSE BILLS

HB 1826 (Madigan, M.) – Creates the Afterschool Youth Development Project Act. The General Assembly declares that it is the policy of this state to provide all young people between the ages of 6 and 19 with access to quality afterschool programs through a state commitment to sufficient and sustainable funding for programs that promote positive youth development. The Illinois Youth Development Council shall be created. Currently funded or new entities, including but not limited to the following, shall be eligible to apply for funding: Schools or school districts, community-based organizations, faith-based organizations; park districts, libraries and cultural institutions. The creation and establishment of the Council, the Youth Advisory Group, and the Afterschool Demonstration program shall be subject to appropriations, however the Department of Human Services shall be permitted to accept private funding or private resources at any time to implement this Act. Passed the House on 3/26/10 with a vote of 89-5.

Last Action: 4/15/10 Assigned to Senate Executive Committee

HB 4936 (Jakobsson, N.) - Amends the Illinois Fertilizer Act of 1961. Prohibits, except

mailto:[email protected]

in certain circumstances, any person from intentionally applying to turf any product that (i) contains fertilizer material and (ii) is labeled as containing phosphorous or available phosphoric acid. Prohibits any person from intentionally applying to frozen turf or impervious surfaces any manipulated animal or vegetable manure, finished sewage sludge, or product that (i) contains fertilizer material and (ii) is labeled as containing phosphorous or available phosphoric acid.

Last Action: 3/26/10 House Rule 19(a)/Re-referred to Rules

HB 4945 (Mathias, S.) (Wilhelmi, A.) - Amends the Local Government Debt Reform Act. Permits governmental units to authorize the treasurer of the governmental unit to join with the treasurers of other governmental units for the purpose of jointly investing the funds of which the treasurer has custody. Effective immediately. Passed the House on 3/4/10 with a vote of 111-0.

Last Action: 4/14/10 Placed on Senate Calendar 3rd Reading

HB 4960 (Poe, R.) - Amends the IMRF Article of the Illinois Pension Code. Changes the provisions defining and specifying the manner of designating a beneficiary. Makes changes in provisions concerning elections to exclude certain employees from participation and eligibility for benefits and provisions concerning amortization of a participating municipality's or participating instrumentality's unfunded obligation. Removes language requiring the Board of Trustees to prepare and send ballot envelopes to the employees and annuitants eligible to vote for employee and annuitant trustees. Provides that the venue for actions brought under the Administrative Review Law shall be any county in which the Board maintains an office or the county in which the member's plaintiff's employing participating municipality or participating instrumentality has its main office. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.House Committee Amendment No. 1Removes provisions concerning ballots for employee and annuitant trustees from the bill. Passed the House on 3/11/10 with a vote of 114-0.

Last Action: 4/13/10 Assigned to Senate Pensions

HB 4961 (Poe, R.)(Dillard, K.) - Amends the Illinois Historic Preservation Act and the State Finance Act. Provides that the Illinois Historic Sites Fund and the Presidential Library and Museum Operating Fund are not subject to sweeps, administrative charges, or charge-backs or any other fiscal or budgetary maneuver that would in any way transfer any amounts from those Funds into any other fund of the State. Effective immediately. Passed out of the House on 2/25/10 with a vote of 110-0.

Last Action: 4/15/10 Placed on Senate Calendar 2nd Reading

HB 5039 (Nekritz, E.) - Amends the Election Code. Requires that nomination petitions be filed not more than 106 days and not less than 102 days before a primary election or consolidated election (now, not more than 99 days and not less than 92 days before a general primary election and not more than 78 days and not less than 71 days before a consolidated primary election or consolidated election). Requires that certain public question petitions be filed not less than 106 (now, 78) days before a regular election in 2011 or thereafter. Permits the seeking of judicial review of a petition objection decision, with respect to elections in 2011 and thereafter, within 5 (now, 10) days after the decision. Effective immediately.


HB 5144 (Connelly, M.) - Amends the Property Tax Code. Provides that a Section of the Code that provides for an abatement of unpaid taxes and existing liens for property that is acquired by a unit of local government applies to counties, municipalities, school districts, and park districts (now, counties and municipalities only). Provides that property that is transferred to a county, municipality, school district, or park district under the terms of an annexation agreement, development agreement, donation agreement, plat of subdivision, or zoning ordinance by an entity that has been dissolved or is being dissolved or has been in bankruptcy proceedings or is in bankruptcy proceedings also qualifies for the abatement. Effective immediately. Passed the House on 3/11/10 with a vote of 72-37-3.


HB 5154 (Chapa LaVia, L.) (Lightford, K.) - Amends the Personnel Record Review Act. Provides that disclosure of performance evaluations under the Freedom of Information Act shall be prohibited. Effective immediately. Passed the House on 3/11/10 with a vote of 70-39.

Last Action: 4/13/10 Assigned to Senate Labor Committee

HB 5483 (Kosel, R.) - Amends the Open Meetings Act. Requires a public body to make proposed minutes of an open meeting available for public inspection within 8 business days after the meeting to which the minutes relate and make approved minutes of an open meeting available for public inspection within 5 business days after approval (now, make available within 7 business days after approval).House Committee Amendment No. 1Requires that any person be permitted an opportunity to address public officials at meetings subject to the Act under rules established and recorded by the public body. Passed the House on 3/25/10 with a vote of 114-0.

Last Action: 4/13/10 Assigned to Senate Executive Committee

HB 5838 (Burke, D.) – Amends the Physical Fitness Facility Medical Emergency Preparedness Act. Provides that a public entity subject to the Outdoor Facilities portion of the Act and owning or operating more than 4 outdoor physical fitness facilities must have 10% of those facilities in compliance by July 1, 2012; 20% of those facilities in compliance by July 1, 2013; 30% of those facilities in compliance by July 1, 2014; 40% of those facilities in compliance by July 1, 2015; 50% of those facilities in compliance by July 1, 2016; 60% of those facilities in compliance by July 1, 2017; 70% of those facilities in compliance by July 1, 2018; 80% of those facilities in compliance by July 1, 2019; and 90% of those facilities in compliance by July 1, 2020; and 100% of those facilities in compliance by July 1, 2021. Eliminates language providing that a public entity owning or operating more than 4 outdoor physical fitness facilities must have 25% of those facilities in compliance by July 1, 2009; 50% of those facilities in compliance by July 1, 2010; 75% of those facilities in compliance by July 1, 2011; and 100% of those facilities in compliance by July 1, 2012. Passed the House on 3/23/10 with a vote of 114-0-1.


HB 5895 (Black, W.) - This Act shall be known and and may be cited as the "Recreational Use of Land and Water Areas Act". The purpose of this Act is to encourage owners of land to make land and water areas available to any individual or members of the public for recreational or conservation purposes by limiting their liability toward persons entering thereon for such purposes.


HB 5934 (Rita, R.) - Amends the Park District Code. Provides that no park district may discharge any employee of a park district on the basis of a prior conviction for a drug offense under the Cannabis Control Act if (i) the employee was not sentenced to a period of incarceration as a result of his or her drug conviction and (ii) the employee was convicted of violating the Cannabis Control Act more than 20 years prior to his or her employment with the park district. Effective immediately.


HB 6034 (Pihos, S.) - Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health shall develop a training and education program on public playground safety issues. Provides that the program may be presented annually and may be available through the Department's website. Provides that the Department shall adopt rules, based on the U.S. Consumer Product Safety Commission's standards, to develop standards for public playground equipment by June 30, 2011. Makes other changes. Passed the House on 3/25/10 with a vote of 114-1.

Last Action: 4/15/10 Senate Postponed – Public Health

HB 6053 (Currie, Barbara Flynn) - Creates the Illinois Accurate Government Records Act Act. Contains only a short title provision. Adds requirements to the way that governments keep and handle records. (i) Gives an individual a right to access his or her personal records and to file changes to the record; (ii) it limits a public body’s disclosure of personal records; (iii) it sets requirements on the way that the public body collects and keeps records. The bill also authorizes private rights of action and awards attorneys’ fees.


HB 6072 (Fritchey, J.) - Amends the Recreational Use of Land and Water Areas Act. Provides that the definition of recreational or conservation purpose is expanded beyond hunting, recreational shooting, or related activities to include: entry by the general public onto the land of another for any activity undertaken for conservation, resource management, education, hiking, climbing, cycling, picnicking, swimming, fishing, horseback riding, bird watching, sight-seeing, skiing, ice skating, sledding, use of non-motorized watercraft, and the use of an easement to permit public passage across such land for access to a public park, historic site, trail, water area, or other public recreational area. The changes apply only to causes of action accruing on or after January 1, 2011. Effective immediately.


HB 6182 (Joyce, K.) - Amends the Property Tax Code. Provides that, in Cook County, homestead property must be valued at 100% of its fair cash value. Requires the Cook County Clerk to abate the property taxes levied on homestead property in an amount equal to: (1) the amount of the aggregate extension of all taxing districts against the property; less (2) an amount equal to 1% of the equalized assessed value of the property. Sets forth procedures to apply this abatement to the aggregate extensions of each taxing district. Creates the Cook County general homestead exemption to limit the assessment increases of homestead property to the lesser of: (i) 2%; or (ii) the increase in the CPI. Sets forth the taxable years in which this general homestead exemption applies. Amends various Acts to include a cross reference to homestead exemptions granted under Article 15 of the Property Tax Code. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Last Action: 3/15/10 House Rule 19(a)/Re-referred to Rules Committee

HB 6263 (Mathias, S.) - Amends the Criminal Code of 1961. Creates the offense of theft of public funds. Provides that a person commits the offense when he or she: (1) embezzles, steals, purloins, obtains by fraud, or knowingly converts to his or her use or the use of another, or without authority sells, conveys, or disposes of, any record,

voucher, money, or thing of value of the State of Illinois or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State of Illinois or any department or agency of the State, or any unit of local government or school district; or (2) receives, conceals, or retains the record, voucher, money, thing of value, or property of the State of Illinois or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State of Illinois or any department or agency of the State, or any unit of local government or school district with intent to convert it to his or her use or gain, knowing it to have been embezzled, stolen, purloined, obtained by fraud, or converted.

Establishes penalties based on the value of the property unlawfully obtained. Changes the statute concerning misapplication of funds. Includes embezzling, stealing, obtaining by fraud, or otherwise without authority knowingly converting to the use of any person other than the rightful owner or intentionally misapplying, property that is owned by, or is under the care, custody, or control of the State of Illinois or of any agency of the State, a unit of local government, or school district.


HB 6508 (Madigan, M.) - Creates the FY2011 Budget Implementation Act. Provides that the purpose of the Act is to make the changes in State programs that are necessary to implement the Governor's FY2011 budget recommendations. Effective July 1, 2010.


SENATE BILLS

SB 1946 (Cullerton, J.) (Madigan, M.) – Increases vesting to 10 years (currently eight years). Increases the age to receive full retirement benefits to age 67 (currently age 60). Increases the age to receive a reduced retirement benefit to age 62 (currently age 55). The pension would be reduced by one-half of 1% for each month the member’s age is under 67. Increases the number of months used to calculate the final rate of earnings to the highest 96 months of the last 10 years of service (currently highest 48 months in last 10 years). Caps the final rate of earnings used to calculate a pension at $106,800; this amount automatically increases annually by 3% or by one-half of the increase in the Consumer Price Index, whichever is lower (currently, the final rate of earnings cannot exceed $245,000 in 2010; no cap exists for members who participated in IMRF before 1996). Increases the surviving spouse pension to 66-2/3% of the pension the deceased member had been receiving (currently 50%). Changes the annual pension increase; the increase would continue to be based on the original

pension amount but would be 3% or the Consumer Price Index, whichever is lower (currently the annual increase is 3% of the original pension amount). If a member retires before the full retirement age of 67, the member would not be eligible for any annual pension increases until he or she reaches age 67. No change to member contributions (remain at 4.5% of salary). No change to pension formula (remains 1-2/3% of first 15 years of service; 2% thereafter). Passed the Senate on 4/2/09 with a vote of 59-0. Passed the House on 3/24/10 with a vote of 92-17-7. Senate concurred with House Floor Amendment 4 on 3/24/10 with a vote of 48-6-3.

Last Action: 4/14/10 Public Act 96-889

SB 2505 (Frerichs, M.) - Amends the Property Tax Code. Provides that municipalities and counties may establish green energy special service areas. Provides that those green energy special service areas shall include only property for which each owner of record has executed a contract or agreement with the county or municipality consenting to the inclusion of the property within the green energy special service area. Provides that green energy special service areas are not subject to certain notice and hearing requirements set forth in the Property Tax Code.

Provides that the owner of record of each parcel of property within a green energy special service area may arrange, through an agreement with the municipality or county, for specific energy efficiency improvements or renewable energy improvements and may obtain financing for such improvements through the process set forth in the ordinance establishing the special service area.

Provides that counties and municipalities may levy property taxes in connection with green energy special service areas. Provides that counties and municipalities may issue bonds in connection with those special service area projects and may sell, assign, or pledge those bonds to the Illinois Finance Authority. Amends the Illinois Finance Authority Act to make conforming changes. Contains other provisions. Passed the Senate on 4/15/10 with a vote of 37-11-1.


SB 2549 (Garrett, S.) (McCarthy, K.) – Amends the Illinois Plumbing License Law. Provides that "plumbing" includes rainwater harvesting distribution systems, but does not include any rainwater harvesting distribution system or rainwater harvesting collection system unless otherwise required by the Illinois Plumbing Code. Requires the Illinois Department of Public Health to adopt and publish a minimum code of standards for rainwater harvesting collection systems and rainwater harvesting distribution systems by January 1, 2011. Requires rainwater harvesting collection systems and rainwater harvesting distribution systems to be (A) used only for non-potable uses and (B) constructed in accordance with the Illinois Plumbing Code. Defines "rainwater harvesting collection system" and "rainwater harvesting distribution

system". Effective immediately.Senate Committee Amendment No. 1Requires the Illinois Department of Public Health to adopt and publish a minimum code of standards for rainwater harvesting collection systems and rainwater harvesting distribution systems by March 1, 2011 (instead of January 1, 2011). Passed the Senate on 3/9/10 with a vote of 56-0.

Last Action: 3/10/10 Referred to House Rules Committee

SB 2554 (Martinez, I.) (Poe, R.) – Amends IMRF Pension Code; makes changes concerning conditions under which a person may return to work and continue to receive their annuity; the selected rate of payment of earnings as additional contributions for retirement annuity purposes shall be applicable to all earning; amends the State Mandates Act. Passed the Senate on 3/12/10 with a vote of 50-0.

Last Action: 3/22/10 Assigned to House Personnel and Pensions Committee

SB 2575 (Clayborne, J.) – Amends the Property Tax Extension Limitation law; exempts from the definition of “aggregate extension”, all contributions to a pension fund created under Article 3, Article 7 of the Illinois Pension Code.

Last Action: 3/8/10 Senate Rule 3-9(a)/Re-referred to Assignments SB 2603 (Althoff, P.) - Amends the Conservation District Act and the Downstate Forest Preserve District Act. Provides that bonds issued by a conservation district or a forest preserve district shall be payable no later than 25 years from their respective date of issue (now, 20 years). Effective immediately. Passed the Senate on 3/1/10 with a vote of 55-0.


SB 2627 (Silverstein, I.) - Amends the Illinois Vehicle Code. Provides that it is unlawful for any person under the age of 16 to operate or be a passenger on a bicycle on a highway, multipurpose public path, or other public right-of-way unless at all times when the person is so-engaged he or she wears a protective bicycle helmet of good fit fastened securely upon the head with the straps of the helmet. Provides that it is unlawful for any person to be a passenger on a bicycle on a highway, multipurpose public path, or other public right-of-way unless, with respect to any person who weighs fewer than 40 pounds or is less than 40 inches in height, the person can be and is properly seated in and adequately secured to a bicycle safety seat.

Provides that it is a civil offense for any parent or legal guardian of a person below the age of 12 to permit the person to operate or be a passenger on a bicycle in an unlawful manner. Provides that it is unlawful to rent or lease any bicycle to or for the

use of any person under the age of 16 on a highway, multipurpose public path, or other public right-of-way unless certain conditions are met. Provides that in no event shall failure to wear a protective bicycle helmet or to secure a passenger to a restraining seat be admissible as evidence in a trial of any civil action. Provides that a law enforcement officer observing any violation of this amendatory Act shall issue a warning to the person for the first offense and a citation to the person for the second or subsequent offense, but shall not arrest or take into custody any person solely for a violation of this amendatory Act. Effective immediately.


SB 2632 (Forby, G.) - This bill was amended to address the concerns of the Illinois Association of Park Districts regarding its concern that the bill in its original form would affect the lands of forest preserves and conservation districts. Replaces everything after the enacting clause with similar provisions, creating the Public Land Pack and Saddle Animal Access Act, but with changes that include the following: (1) in the definition of "public land", eliminates a provision that the term includes land the acquisition or management of which is funded in whole or in part using State moneys; (2) provides that in maintaining public land, the Department of Natural Resources, or other designated agency, shall preserve and facilitate continued use of and access to public land by pack and saddle animals where such use is currently authorized; (3) provides for a reduction in access to a trail by pack and saddle animals for reasons related to the mission of the Department of Natural Resources or other designated agency; (4) provides that nothing in the provisions concerning trail closure alters or limits the State's authority to implement a temporary emergency closure of a trail or road to pack and saddle animals; (5) eliminates a provision that neither the State nor any person may deny an individual's use of a pack or saddle animal on a trail or road for the purpose of gaining access to public land if the public land has been designated by the State as land upon which such an animal may be used; and (6) eliminates a provision that nothing in the Act shall be construed to require or encourage the exclusion of pack or saddle animals from trails developed on public land after the effective date of the Act. Passed the Senate on 3/10/10 with a vote of 53-0.

Last Action: 4/14/10 4/14/10 Placed on House Calendar 3rd Reading

SB 2682 (Cullerton, J.) - Amends the Recreational Trails of Illinois Act. Makes a technical change in a Section concerning the short title.


SB 2683 (Cullerton, J.) - Amends the Recreational Trails of Illinois Act. Makes a technical change in a Section concerning the short title.


SB 2739 (Cullerton, J.) - Amends the Open Meetings Act. Makes a technical change in a Section concerning the short title.


SB 2740 (Cullerton, J.) - Amends the Open Meetings Act. Makes a technical change in a Section concerning definitions.


SB 2741 (Cullerton, J.) - Amends the Freedom of Information Act. Makes a technical change in a Section concerning the short title.


SB 2742 (Cullerton, J.) - Amends the Freedom of Information Act. Makes a technical change in a Section concerning lists of available records.


SB 2810 (Harmon, D.) - Amends the Local Government Energy Conservation Act, the School Code, and the Public University Energy Conservation Act. Provides that requests for proposals must be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication. Provides that contracts let or awarded must be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication. Makes changes concerning drafters of specifications submitting bids or proposals for installment contracts and other agreements proposed by a unit of local government, school district, vocational center, or public university. Provides that any consultant, architect, engineer, or other drafter of specifications who assists a unit of local government, school district, or vocational center in the preparation of specifications shall not submit a bid or proposal to meet the procurement need unless the body authorizing the contract or agreement determines in writing that there will be no substantial conflict of interest. Makes other changes. Effective immediately. Passed the Senate on 3/18/10 with a vote of 56-0.

Last Action: 4/8/10 Assigned to House Executive Committee

SB 2824 (Althoff, P.) – Sexual predator and child sex offender; presence or loitering in or near public parks prohibited. It is unlawful for a sexual predator or a child sex offender to knowingly be present in any public park building or on real property comprising any public park. It is unlawful for a sexual predator or a child sex offender to knowingly loiter on a public way within 500 feet of a public park building or real

property comprising any public park. For purposes of this subsection, (c), the 500 feet distance shall be measured from the edge of the property comprising the public park. A person who violates this Section is guilty of a Class A misdemeanor, except that a second or subsequent violation is a Class 4 felony. Passed the Senate on 3/16/10 with a vote of 54-0.

Last Action: 4/15/10 Placed on House Calendar 2nd Reading

SB 2934 (Harmon, D.) - Amends the Downstate Forest Preserve District Act. Provides that, beginning with the general election in 2012 and each succeeding general election, a forest preserve district shall be divided into 6 districts and one commissioner of the forest preserve district shall be elected from each district that is co-extensive with a county with a population of more than 800,000 but less than 3,000,000 (now, commissioners of the forest preserve district are elected from the same districts as members of the county board). Provides that by July 1, 2011 and each 10 years thereafter, the board of commissioners of a forest preserve district shall develop an apportionment plan for the district. Sets forth the requirements for the apportionment plan. Provides that, if any forest preserve district fails to complete the reapportionment of its district by July 1 in 2011 or any 10 years thereafter, the county clerk of that county shall convene the county apportionment commission to develop the apportionment plan. Sets forth the requirements for filing an apportionment plan. Provides that, if no apportionment plan is filed, then the commissioners of the forest preserve district shall be elected at large in the district. Effective immediately.


SB 2951 (Silverstein, I.) - Amends the Illinois Vehicle Code. Provides that a person commits crowding or threatening a bicyclist when a person driving a motor vehicle recklessly drives the motor vehicle unnecessarily close to, toward, or near a bicyclist. Provides that every person convicted of crowding or threatening a bicyclist shall be guilty of a Class A misdemeanor if the violation does not result in great bodily harm or permanent disability or disfigurement to another. Provides that if a crowding or threatening a bicyclist violation results in great bodily harm or permanent disability or disfigurement to another, the person shall be guilty of a Class 4 felony. Provides that a person commits Projecting or throwing missiles at bicyclists, a Class A misdemeanor, when a person projects or throws any missile (defined as any object or substance) at or against a bicyclist. Effective immediately.Senate Committee Amendment No. 1Replaces everything after the enacting clause with the provisions of the introduced bill. Moves the provision concerning crowding or threatening a bicyclist to an existing provision of the Illinois Vehicle Code concerning passing vehicles on the left. Amends the Criminal Code of 1961. Moves the provision concerning projecting or throwing missiles at bicyclists to the Criminal Code of 1961. Passed the Senate on 3/18/10

with a vote of 55-0-2.


SB 2984 (Haine, W.) - Amends the IMRF Article of the Illinois Pension Code. Provides that, within 6 months after the adoption of any system under the Code that would permit the establishment of a multi-tier benefit program, the governing board of the Illinois Municipal Retirement Fund shall adopt a system that requires newly hired employees to be enrolled in a new benefit program substantially similar to the program adopted under the Code. Effective immediately.

Last Action: 3/8/10 Senate Rule 3-9(a)/Referred to Assignments

SB 3011 (Crotty, M.) - Amends the Bingo License and Tax Act. Allows for units of local governments to conduct bingo without a license or fee under specified conditions. Increases the maximum aggregate retail value of all prizes or merchandise awarded in any one game of bingo conducted by a senior citizens organization or a unit of local government from $5 to $10. Effective immediately. Passed the Senate on 3/12/10 with a vote of 48-1.

Last Action: 4/14/10 Assigned to House Revenue and Finance Committee

SB 3057 (Harmon, D.) - Amends the Swimming Facility Act. Changes the statement of purpose and changes and adds definitions. Changes and adds provisions concerning: violations at swimming facilities; civil penalties; the denial, suspension, or revocation of a license; the closure of a facility; the payment of fees; license renewal; and other matters. Repeals provisions providing that (i) the Department of Public Health shall in any proceeding to suspend, revoke, or refuse to issue a license or permit, first serve or cause to be served upon the applicant or licensee a written notice specifying the way or ways in which such applicant or licensee has failed to comply with the Act, or any rules, regulations or standard promulgated by the Department pertaining thereto and (ii) the Department shall give written notice by certified or registered mail to any person refused a license or whose license is suspended or revoked. Makes other changes. Effective immediately. Passed the Senate on 3/18/10 with a vote of 49-6.


SB 3095 (Noland, M.) - Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that the definition of "aggregate extension" does not include special purpose extensions made for the purposes of a county funding the care and treatment of its citizens who are mentally retarded or under a developmental disability. Provides that the county clerk shall calculate separate limiting rates for the funds for persons with a developmental disability if a tax is approved by the electors of

the county at referendum. Amends the County Care for Persons with Developmental Disabilities Act. Provides that taxes levied under the Act must be approved by referendum. Repeals a Section of the Act providing that taxes levied under the Act are subject to a back-door referendum. Provides that the electors of the county may provide, by petition and referendum, for the establishment and maintenance of facilities or services for the benefit residents with a developmental disability and the levy of an annual tax not to exceed 0.1% upon all the taxable property in the county for those purposes. Effective immediately.

Last Action: 3/11/10 Placed on Senate Calendar – Consideration Postponed

SB 3130 (Harmon, D.) - Amends the Freedom of Information Act. Changes a subsection cross-reference in provisions governing a public body's request response period. Effective immediately.


SB 3139 (Harmon, D.) (Nekritz, E.) - Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that each taxing district's debt service extension base shall be increased each year beginning with the later of (i) the 2009 levy year or (ii) the first levy year in which the Law becomes applicable to the taxing district, by the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the levy year. Provides that, if a taxing district's debt service extension base is established or increased by a referendum held after February 2, 2010, the debt service extension base shall be increased if certain authorizing language is included in the referendum. Effective immediately. Passed the Senate on 3/12/10 with a vote of 50-0.

Last Action: 4/15/10 Remains in House Revenue & Finance Committee

SB 3183 (Haine, W.) (Mathias, S.) - Amends the Illinois Governmental Ethics Act. With respect to required notification of certain persons who must file statements of economic interests with a county clerk, permits the county clerk to send the notices electronically (now, may send notices only by U.S. mail). Passed the Senate on 3/10/10 with a vote of 55-0.


SB 3195 (Delgado, W.) - Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that the extension limitation may not be less than 1%. Effective immediately.

Last Action: 3/8/10 Senate Rule 3-9(a)/Referred to Assignments

SB 3265 (Viverito, L.) - Creates the Summit Park District Tax Levy Validation (2010) Act. Validates levy ordinances and tax extensions to the extent they do not exceed the maximum amount authorized under the Property Tax Extension Limitation Law if the District had taken into account the tax increment value from the expiration of the West Summit TIF. Amends the Property Tax Code to make the Property Tax Extension Limitation Law subject to the Summit Park District Tax Levy Validation (2010) Act. Effective immediately. Passed the Senate on 3/12/10 with a vote of 47-1.

Last Action: 4/15/10 Remains in House Revenue Committee

SB 3405 (Raoul, K.) - Amends the IMRF Article of the Illinois Pension Code. Makes changes in provisions concerning Social Security taxes. Makes changes concerning cross-references to provisions concerning amortization of unfunded obligations. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. Passed the Senate on 3/15/10 with a vote of 45-0.

Last Action: 4/8/10 Assigned to House Personnel and Pensions Committee

SB 3500 (Lauzen, C.) - Amends the Prevailing Wage Act. Provides that the prevailing wage shall be required to paid only by a public body awarding a contract of over $25,000.

Last Action: 3/19/10 Senate Rule 3-9(a)/Re-referred to Assignments

SB 3537 (Raoul, K.) - Amends the Chicago Park District Article of the Illinois Pension Code. Provides that none of the benefits provided for in the Article shall be paid to any person who is convicted of any misdemeanor or felony relating to or arising out of or in connection with any attempt to defraud the Fund. Provides that the provisions related to fraud shall not operate to impair any contract or vested right previously acquired under any law or laws continued in the Article, nor to preclude the right to a refund. Passed the Senate on 3/15/10 with a vote of 47-0.

Last Action: 4/8/10 Assigned to Personnel and Pensions

SB 3543 (Hutchinson, T.) - Creates the Afterschool Youth Development Project Act. Provides that because it is the policy of this State to provide all young people between the ages of 6 and 19 with access to quality afterschool programs through a State commitment to sufficient and sustainable funding for programs that promote positive youth development, the Illinois Youth Development Council is created. Provides that the purpose of the Council is to provide oversight and coordination to the State's public funds currently invested to support positive youth development programs and activities and to set system-wide policies and priorities to accomplish 5 specified objectives. Provides that the Council shall be governed by a board of no less than 28 and no more than 32 members and that the Council shall reflect the regional, racial, socio-

economic, and cultural diversity of the State to ensure representation of the needs of all Illinois youth. Contains provisions concerning Council member appointments; the establishment of an independent Youth Advisory Group; the major objectives of the Council; afterschool demonstration programs; reporting requirements; and other matters. Provides that the Council shall be created within the Department of Human Services and that the Department shall provide resources to the Council including administrative services and data collection. Effective immediately.Senate Committee Amendment No. 1Adds language providing that participation in the Afterschool Demonstration Program shall be given to entities with experience in providing afterschool programs in Illinois.Senate Committee Amendment No. 2Provides that three young people who are between the ages of 16 and 21 and who are members of the Youth Advisory Group shall sit on the Illinois Youth Development Council (rather than three young people between the ages of 16 and 24). Provides that, in relation to the Youth Advisory Group, this youth civic engagement organization shall administer the application requirements and process and shall nominate 30 youth, and that the Department of Human Services shall select 15 of the nominees for the Youth Advisory Group, 3 of whom shall serve on the Council. Requires the outcome evaluation report on the Demonstration Program to be submitted to the Governor, the General Assembly, the Council, and the Youth Advisory Group (rather than, the Council, the Governor, and the General Assembly).Senate Floor Amendment No. 3Provides that the creation and establishment of the Illinois Youth Development Council, the Youth Advisory Group, and the Afterschool Demonstration Program shall be subject to appropriations, however the Department of Human Services shall be permitted to accept private funding or private resources at any time to implement this Act. Passed the Senate on 3/15/10 with a vote of 45-0.

Last Action: 4/8/10 Assigned to House Youth and Family Committee

SB 3566 (Delgado, W.) - Creates the Abusive Work Environment Act. Provides findings and purposes of the Act; definitions; unlawful employment practices, including abusive work environment and retaliation; employer liability and affirmative defense; employee liability and affirmative defense; relief; procedures and limitations; effect of the Act on other legal relationships; and other matters. Passed the Senate on 3/18/10 with a vote of 37-15.

Last Action: 4/8/10 Assigned to House Labor Committee

SB 3588 (Demuzio, D.) - Amends the Personnel Record Review Act. Provides that an employer who receives a request for records of a disciplinary report, letter of reprimand, or other disciplinary action in relation to an employee under the Freedom of Information Act may provide notification to the employee in written form or through electronic mail, if available. Effective immediately. Passed the Senate on 3/15/10

with a vote of 44-0.

Last Action: 4/8/10 Assigned to House State Government Administration

SB 3622 (Frerichs, M.) - Creates the Taxpayer Transparency Act. Provides that a bill making an appropriation from the General Revenue Fund may not be considered for final passage by either the House of Representatives or the Senate unless a copy of that bill, in its final form, has been made conveniently available on the General Assembly's Internet website for at least 4 calendar days before the bill is considered for final passage by the first chamber to consider the bill in its final form. Exempts amendments and conference committee reports that make only technical or non-substantive changes and supplemental appropriations. Effective immediately. Passed the Senate on 3/17/10 with a vote of 56-0.


SB 3696 (Lightford, K.) (Yarbrough, K.) - Amends the Park District Code. Provides that to take advantage of the increased limiting rate for levy year 2009 approved by a majority of voters at the general primary election held on February 2, 2010, the Board of Park Commissioners of the Park District of Forest Park may adopt an additional or supplemental budget by a vote of a majority of the full membership of the board to defray expenses and liabilities of the park district to be incurred for corporate purposes of the district during that fiscal year. Provides that the additional or supplemental budget shall be regarded as an amendment of the annual budget for the fiscal year in which it is adopted. Contains other provisions. Effective immediately. Passed the Senate on 3/11/10 with a vote of 57-0.


SB 3778 (Trotter, D.) - Amends the Chicago Park District Act and the Illinois International Port District Act. Requires the transfer of a specified parcel of land from the Illinois International Port District to the Chicago Park District for recreational and conservation purposes (40 acres on the eastern shore of Lake Calumet). Provides that the Chicago Park District and the Illinois International Port District may, by mutual agreement, determine the terms and conditions of the property transfer. Requires that the property transfer occur as soon as possible after the effective date of the amendatory Act. Effective immediately.Senate Committee Amendment No. 1Further amends the Chicago Park District Act and the Illinois International Port District Act. Deletes provisions that provide that the Chicago Park District and the Illinois International Port District may, by mutual agreement, determine the terms and conditions of the property transfer. Requires that the property transfer must occur as soon as possible, but no later than one year, after the effective date of the amendatory

Act. Passed the Senate on 3/18/10 with a vote of 38-18.


SB 3779 (Cullerton, J.) - Amends the Chicago Park District Act. Makes a technical change in a Section creating the Chicago Park District.


SJRCA 94 (Althoff, P.) - Proposes to amend the Local Government Article of the Illinois Constitution. Requires the State to reimburse units of local government for increased expenses resulting from activities mandated by the General Assembly or State executive action. Exempts mandates requested by a local government or predating the effective date. Makes unfunded mandates unenforceable unless passed by three-fifths of the members elected to each house of the General Assembly and specifically characterized as non-reimbursable. Effective upon being declared adopted.

Last Action: 4/15/10 Postponed – Senate Executive Committee

Documents

cdn.ymaws.com€¦ · Web viewProvides that an employer who receives a request for records of a disciplinary report, letter of reprimand, or other disciplinary action in relation