Legislative Bill Tracking Latest Update August 23, 2019
Legislative Session News ... August 23, 2019
Public Act Highlights
Legislation Summaries Close of Spring Session 2019
Update Spring Session - End of Session Highlights
2019 House & Senate Session Calendars
CANNABIS REGULATION & TAX ACT White Paper
Prevailing Wage UPDATE
Criminal & Traffic Assessment Act/Waiver of Courts Assessments
(Governor's Preliminary Draft of the Capital Plan Released)
(Governor Pritzker Celebrates 100 Days in Office)
(Minimum Wage Bill Signed by Governor)
Other News of Interest
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.
LEGISLATIVE SESSION NEWS ... August 23, 2019 Update
Public Act Highlights (UCCI Tracked Legislation Recently Signed into Law) ... Public Act 101-0419 (SB1806) Audits
Review UCCI Legislation Summaries from Close of 101st General Assembly Spring Session here.
Legislative Highlights - 101st Illinois General Assembly Spring Session
'Historic' Spring Session ... Get the 'End of Session Highlights' here.
SUCCESSFUL END TO LEGISLATIVE SESSION FOR GOVERNOR ...
- Fiscal Year 2020 State Budget Signed Into Law... With bipartisan support, in both the House and Senate, a $40 billion FY2020 budget was approved; and, on June 5, 2019 signed into law by Governor Pritzker. Budget becomes effective July 1, 2019.
Senate Bill 689 – Revenue component of budget (Public Act 101-0009)
Senate Bill 262 – Budget spending authorization bill (Public Act 101-0007)
Senate Bill 1814 – Budget Implementation Bill (BIMP) (Public Act 101-0010)
Effective date is July 1, 2019 for FY2020 Budget.
- Capital Infrastructure Plan Approved ... $45.6 billion capital infrastructure package approved by both chambers for vertical (building construction) and horizontal (construction of roads/bridges) projects.
Senate Bill 690 – Raises revenues for vertical infrastructure/expands gaming; raises sales tax revenues for local governments from other state tax sources (also SB689)
Senate Bill 1939 – Contains revenue sources for horizontal/transportation infrastructure; includes increase in motor fuel tax by 19 cents per gallon (effective July 1, 2019)
Senate Bill 689 – Identifies revenue sources to support operating budget spending priorities; raises sales tax revenues for local governments from other state tax sources (also SB690) (Public Act 101-0009 - Effective June 5, 2019)
House Bill 142 – Issues general obligation bonds for capital projects and to assist in payment of backlog of state’s unpaid bills
House Bill 62 – Capital spending bill
- Recreational Cannabis Legalization Approved ... Lawmakers gave their approval to legalize the sale and use of recreational cannabis for residents 21 and older.
Public Act 101-0027 ... The Cannabis Regulation and Tax Act.
- Senate Joint Resolution Constitutional Amendment 1 Signed Into Law ... Voters in the November 2020 General Election will decide whether to change how the state income tax is levied, following approval by the General Assembly of SJRCA-1; and, subsequent signing into law by the Governor on June 5, 2019. The language on the ballot will ask voters to allow any type of income tax ... graduated, non-graduated or a combination of both. Currently, it is what is deemed a ‘flat tax’ ... all personal income levels pay the same percent. Approval to change would require a majority of those voting in the general election to vote in favor; or, 60% of those who vote on the specific amendatory language.
- Senate Bill 687, which establishes the new income tax rates that will be imposed if the Constitutional Amendment (SJRCA-1) is approved by voters in November 2020, was also approved by the General Assembly. (Public Act 101-0008)
GENERAL ASSEMBLY ADJOURNS ... Both the House and Senate have now adjourned until the fall veto session in late October; however, adjournment did not take place on Friday, May 31st, as scheduled. The House convened a special session day on Saturday, following Speaker Madigan’s Friday afternoon announcement that there was work that still needed to be completed. The Senate, on the other hand, ultimately adjourned having passed the House approved budget late Friday, however, returned to the Capitol on Sunday, June 2nd, to finish its agenda. The fall veto session is scheduled for October 28-30 and November 12-14.
Bills approved during the Spring Session by the General Assembly are to be transmitted to the Governor within 30 days. The Governor then has 60 days to either sign the bill into law, or issue a veto or amendatory veto. If the Governor takes no action on a bill within that 60 day period, the bill automatically becomes law.
Legislation introduced in the 101st Illinois General Assembly that is of interest to units of local government is tracked and updated on a regular basis by UCCI. A listing of both House and Senate bills is available in the Legislative Tracking section above, as well as a schedule, by date, of UCCI tracked legislation currently set for committee hearing.
See the 2019 Session Calendars above for a complete listing of both the House and Senate Spring Session events.
SENATE 2019 Session Calendar HOUSE 2019 Session Calendar
Cannabis Regulation & Tax Act ... Public Act 101-0027 (7-31-19)
On Tuesday, June 25th, Governor Pritzker signed House Bill 1438 into law, legalizing adult-use of cannabis in Illinois effective January 1, 2020.
A white paper prepared by UCCI on Public Act 101-0027, The Cannabis Regulation and Tax Act, is available for your review here.
It should be noted, during the 2019 Fall Veto Session it is anticipated and expected that lawmakers will propose various changes to the language as currently contained in Public Act 101-0027. UCCI will be closely tracking this law during the Fall Veto Session, and updates will be posted.
Following the conclusion of the Fall Veto Session, UCCI plans to schedule a seminar to review the regulations and responsibilities all counties will need to be familiar with and have in place prior to the January 1, 2020 effective date of this law.
Other details and information can be found below.
June 25, 2019 Press Release - Office of the Governor
Overview of Key Elements - Excerpt from Press Release
Summary of House Bill 1438 - Detailed Fact Sheet referred to in Press Release
Senate Bill 2023, a related bill which includes the tax rate counties can impose for cannabis sales, was sent to the Governor on June 12th. However, as of the date of this article, Governor Pritzker has taken no action on this piece of legislation.
Prevailing Wage UPDATE (5-23-19)
Amendments to the Illinois Prevailing Wage Act made by Public Act 100-1177 become effective on June 1, 2019. Some of the changes to the Act can be found in this May 23, 2019 Prevailing Wage Update prepared by UCCI Legal Counsel.
All prevailing wage information can be found on the Illinois Department of Labor’s website. https://www2.illinois.gov/idol/Laws-Rules/CONMED/Pages/prevailing-wage-act.aspx.
You will note on the Department of Labor's website, how they post the prevailing wage rates has changed from fixed text on a page to an interactive table.
Criminal & Traffic Assessment Act/Waiver of Courts Assessments (5-24-19)
A subsidiary body of the Supreme Court's Access to Justice Commission has drafted forms relating to the waiver of courts assessments (the new terminology for fines and fees that flow to the units of local government, law enforcement agencies, and other public bodies/officials). These assessments arise under the Criminal and Traffic Assessment Act (705 ILCS 135/) and the process for seeking waiver in a criminal matter can be found in Section 124A-20 of the Code of Criminal Procedure of 1963 (725 ILCS 5/124A-20), of which the pertinent parts go into effect on July 1.
The draft proposed order for a judge to grant or deny a waiver can be found here:
You may find this useful to see under what types of circumstances a judge may decide to grant a waiver and how easy or difficult the forms makes either decision.
100 DAYS IN OFFICE RELEASE FROM GOVERNOR'S OFFICE
Available for your review is a release from the Governor's office ... 'Governor Pritzker Celebrates 100 Days in Office'. This document reflects not only those proposals already enacted, but also proposals introduced and to be addressed by the Illinois General Assembly. These issues and many others will be the focus of this year's Spring Session.
Minimum Wage Bill (SB1) Signed by Governor .. Public Act 101-0001
Senate Bill 1, which increases the minimum wage across the State of Illinois to $15 per hour by 2025, sent to the Governor's desk just last Friday, was signed into law by Governor Pritzker on Tuesday, one day before he delivers his Budget Address scheduled at noon on February 20th.
Illinois law now provides that the minimum wage will increase gradually to $15 by 2025, with the first increase from $8.25 to $9.25 going into effect on January 1, 2020. On July 1, 2020, the minimum wage will increase to $10.00, followed by one-dollar increases on January 1st each year until it hits $15 in 2025.
Illinois now joins New Jersey, California, New York, Massachusetts and Washington D.C. in phasing in a $15.00 minimum wage.
Illinois Noxious Weed Law
A topic of discussion at the upcoming January 28, 2019 UCCI Membership meeting will be the Illinois Noxious Weed Law, Administrative Provisions and Forms. In anticipation of that discussion, we are pleased to provide for your review the following references/information:
White House Conference with State & Local Leaders - September 12-13, 2018
On Thursday, September 13th, state and local leaders from across Illinois attended a conference in Washington, D.C., hosted by the White House Office of Intergovernmental Affairs. This conference was designed to allow attendees to hear and discuss pertinent issues impacting the State of Illinois with key administration officials and policymakers. An unannounced appearance of Vice President Mike Pence capped off a productive and enjoyable event.
The National Association of Counties (NACo) also hosted a reception on the evening of September 12th for conference attendees. This event included dinner-beverages and a brief one-hour overview and prep session for the Illinois attendees participating in the September 13th conference.
Attendees also had the opportunity to tour the White House on the morning of September 13th, prior to the early afternoon start of the conference.
SCOTUS Rules Against Unions ... Janus vs AFSCME Council 31
On June 27th, in a 5-4 ruling, the United States Supreme Court dealt a major blow to labor unions. In a landmark decision, the high court ruled that non-members cannot be forced, in certain states, to pay fees to unions representing public employees.
The case, challenging the constitutionality of fair share union fees, was brought by Illinois state worker Mark Janus. Plaintiff argued, and the Court agreed, that forcing workers to subsidize unions through mandatory fees violated government workers' First Amendment rights to freedom of speech.
Government workers will now be able to choose whether they want to financially support their unions.
Anticipated FOIA requests due to SCOTUS decision ... UCCI has recently received reports from membership that outside entities, separate and apart from their respective counties, have provided input on the handling of FOIA requests that are anticipated in the wake of the U.S. Supreme Court's decision in Janus versus AFSCME Council 31.
In order to help membership comply with the requirements of this anticipated FOIA request, or any FOIA request, UCCI would like to provide the following general principles of FOIA.
CLICK HERE for Brief Refresher on FOIA Requirements.
ACCESS TO MEMBER LEGISLATIVE SERVICES