AGENDA. 1. Roll Call and Determination of a Quorum. 2. Review and Approval of Last Month' s Minutes. 3. Legislative Review. 4.

Transcription

1 KENDALL COUNTY JUDICIAL/LEGISLATIVE COMMITTEE Wednesday, April 24, :00 p.m. Kendall County Courthouse Jury Assembly Room 807 West John Street Yorkville, IL AGENDA 1. Roll Call and Determination of a Quorum 2. Review and Approval of Last Month' s Minutes 3. Legislative Review 4. Status Reports 0 Court Services -Tina Varney 0 Circuit Clerk - Becky Morganegg 0 Public Defender - Vicki Chuffo 0 State's Attorney - Eric Weis 0 Courthouse - Judge Timothy McCann 0 Sheriffs Office - Commander Robert Wollwert 0 Court Security - Deputy Commander Robert Leinen 5. Old Business 6. New Business Legislative Report and Update 7. Action Items 8. Public Comments 9. Executive Session 10. Adjournment

2 KENDALL COUNTY Judicial/Legislative Committee Wednesday, March 27, 2013 Courthouse Jury Assembly Room Meeting Minutes Call to Order The Judicial Legislative Committee met at 3 :07 p.m. and was called to order by Vice Chair Judy Gilmour. Roll Call Committee Members Present: Amy Cesich, Lynn Cullick (3:30 p.m.), Judy Gilmour, Matt Prochaska, John Purcell (3:13 p.m.) Quorum present. Also Present: Vicky Chuffo, Chief Deputy Scott Koster, Commander Robert Leinen, Chief Judge Tim McCann, Becky Morganegg, Nicole Swiss, Eric Weis and Jeff Wilkins Approval of Last Meeting's Minutes - Matthew Prochaska made a motion to approve the February 27, 2013 minutes, second by Amy Cesich. Minutes approved with all in agreement. Status Reports Probation- No report Circuit Clerk - Becky Morganegg reported they are working on projects in her office such as records destruction and sorting through the evidence vault. Ms. Morganegg reported that foreclosures are down about 100 filings this year in 2012, 256 this year; filings are up in Traffic last year versus 3184 this year. Morganegg said taxes last year was one, and this year is 12. In comparison, filings for this year are down slightly in misdemeanors, divorces are approximately running the same, and felonies are down so far. Public Defender - Vicky Chuffo distributed the monthly report and said they remain steady. Ms. Chuffo reported they have been appointed a total of 199 new cases in the past month. State's Attorney- No Report Courthouse - Judge McCann reported the number of foreclosures continues to increase. They continue to evaluate the situation and the potential need for additional staff to assist with the volume. Judge McCann reported they continue work on a website for the 23rd Circuit Court. Judge McCann said that they hope to enter into an agreement with Waubonsee College,

3 who will have a professor and several students to assist m the formatting and development the website as a class project. Sheriff's Office - Scott Koster reported that their office continues to remain busy with foreclosures and Sheriffs sales. They continue to monitor the situation closely. Court Security - No report Old Business - None New Business Legislative Review Resolution Opposing Federal Legislation to Eliminate or Limit the Tax exempt Status of Municipal Bonds. Judy Gilmour made a motion to send to County Board for approval, second by Amy Cesich. Motion canied. Legislative Report and Update- Jeff Wilkins reviewed the Legislative Report and of several proposed bills, passed House Chamber bills, passed Senate Chamber bills, and passed Out of Committee bills. Actions Items - Resolution Opposing Federal Legislation to Eliminate or Limit the Tax exempt Status of Municipal Bonds. Public Comments - None Executive Session - None Adjournment - A motion was made by Matt Prochaska, second by Amy Cesich, to adjourn the Judicial Legislative Committee at 3:42 p.m. With all in agreement, the meeting adjourned. Respectfully Submitted, Valarie A. McClain Recording Secretary

4 807 W.John Street Yorkville, IL ~Y ( ~1Dj. I -.l!i" "111 J' ()... ~k?-v ~l..s K~~?. KENDALL COUNlY COURT SERVICES Circuit Court for the 23rd Judicial Circuit p F To: From: Date: Re: Tina J. Varney, Director April 22, 2013 Kane County JIC Monthly R During the month of February 2013 Kendall County had seven (7) new admissions to the Kane County Juvenile Justice Center. The number of days paid to Kane County at $ per day was 79 totaling $7, The number of days paid to Kane County at $ per day was one (1), for a grand total of $8, paid for the month of February During the month of March 2013 Kendall County had six (6) new admissions to the Kane County Juvenile Justice Center. The number of days paid to Kane County at $ per day was 133 totaling $13, The number of days paid to Kane County at $ per day was zero (0), for a grand total of $13, paid for the month of March Kendall County Court Services FY2013 Summary- Juvenile Detention Same Same Total New Total Time Time Month Admissions Holdovers* Total Days Amount Paid FY2012 FY / $5, $3, $8, / , , , / , , , / , , , /2013 5, , /2013 7, , /2013 4, , /2013 5, , /2013 7, , , , /2013 5, , , , TOTAL $33, $ $104, *Holdover-A minor detained on the last day of the previous month carried over to the first day of the current month.

5 TO: FROM : Legislative/Judicial Corrunittee Members Victoria Chuffo, Public Defender; Monthly Report \j(j_. NUMBER OF CASES ASSIGNED TO EACH PUBLIC DEFENDER AS OF APRIL 24, 2013 VICTORIA CHUFFO, Public Defender cases I last month 105 cases - Fel ony cases COURTNEY TRANSIER, First Asst. Public Defender cases I l ast month 243 cases - Felony cases ERIN SHANAHAN, Asst. Public Defender 284 cases/ last month 329 cases Misdemeanor/Traffic/Juvenile cases ROBERT CAMPOBASSO, Asst. Public Defender cases I l ast month 282 cases - Misdemeanor/Traffic cases My office has been appointed a t otal of 168 new cases between March 27, 2013 and April 24, 2013; the number of new misdemeanor, t raffic and Driving Under the Influence cases have increased duri ng this time frame. The n umber of felony and juvenile abuse/neglect cases have stayed const ant. The National Advi sory Commission (NAC) has issued a report specifying the guidelines for the caseloads among Public Defenders. Those guidelines have been adopted by the ABA (American Bar Association), as well as being codified in many state statutes. In essence those gui del i nes provide for the following: 150 fel ony cases per year per attorney 400 Misdemeanors per year per attorney (300 misdemeanors for non-traffic complex cases) In Kendall County, we have 2 felony assistants including myself. In addition to my administrative duties I handle an aver age of 135 cases including the sexually violent person's petitions. Ms. Transier handles an average 300 plus cases each at a given time.

6 The misdemeanor assistants handle on average 300 plus cases each at a given time. Ms. Shanahan also covers all the juvenile delinquent and abuse/neglect cases in addition to her misdemeanor/traffic duties. In addition to our case loads dail y court coverage of each criminal courtroom takes up a large portion of time t hat could be spent on client office appointments and case preparation. The Kendall County Public Defender's Office currently has 868 open cases as of today's date; April 24, I have concerns about the volume of cases versus the number of employees we have in my office in representing the indigent citizens of Kendall County to the best of our ability. I understand the budgetary concerns of Kendall County, but I will be requesting your support regarding some additions to my office for the budget. It will be my position that the addition of one full time attorney and one full time level one secretary would assist my off ice tremendously in keeping up with day to day operations.

7 KENDALL COUNTY STATE LEGISLATIVE REPORT 98th General Assembly THE coljn'i'i of \ZtNDALL : 1 ~R\lMl'i 19, lj I JUDICIAL LEGISLATIVE COMMITTEE April 2013

8 Kendall County State Legislative Report 2013 KENDALL COUNTY LEGISLATIVE POLICY STATEMENTS The following is a general statement of legislative policy for the County Board. The policy statements seek authority for the County to resolve issues at the local level by enabling the County Board the ability to effectively govern while ensuring a sound financial organization. Current Constitutional and Statutory restrictions, as well as the State's budgetary constraints, give more reason to allow local authority to provide for the public safety and welfare of Kendall County's residents and businesses. 1. Support legislation granting additional permissive authorities for counties. 2. Support legislation allowing counties to expand non-property tax revenue sources. 3. Oppose unfunded mandates imposed by the State or Federal government. 4. Oppose legislation that would reduce the existing authority of County government. 5. Oppose proposals that erode the existing County revenue base and financial mechanisms. IMPORTANT LEGISLATIVE SESSION DATES April 8th./ House Reconvenes April 10th./ Senate Reconvenes April 19 1 h./ Deadline for Third Reading of House Bills April 25 1 h Deadline for Third Reading of Senate Bills May l0 1 h Deadline for Senate Bills out of House Committees Deadline for House Bills out of Senate Committees May 24th Deadline for Third Reading of Senate Bills in House Deadline for Third Reading of House Bills in Senate May Adjournment of 2013 Spring Session for 98 1 h General Assembly Kendall County Judicial Legislative Committee

9 Kendall County State Legislative Report 2013 LEGISLATION SIGNED INTO LAW Local Government Distributive FundTransfer to Medical Disciplinary Fund Public Act S.B Medical Disciplinary Fund Transfer from Local Government Distributive Fund (Sen. John Cullerton-D/Rep. Michael Madigan-DJ Public Act , signed by Governor Quinn on March 8, 2013, will temporarily borrow $6.6 million from the LGDF to fund the Medical Disciplinary Fund. A payback provision is included within the Act requiring six scheduled transfers of $1,100,000 each to be transferred from the MD Fund back to the LGDF over the course of five years. The first scheduled transfer of $1,100,000 back to the LGDF will occur on July 1, 2014 followed by October 1, 2014; January 1, 2015; July 1, 2017; October 1, 2017; and January 1, The payback provision will be funded by increased fees within the Act to be paid by physicians. Vote: Bertino-Tarrant - Y Cross-N Holmes - Y Hatcher - Exe. Absence Obenveis-Y Kifowit-N Rezin-N Roth-N PRIOR ACTION BY COUNTY BOARD TO LEGISLATIVE ISSUES Local Government Distributive Fund (LGDF) Since 1969, municipalities and counties have received a portion of total receipts from income taxes based on population. Over the past several years, the General Assembly has considered and actually adopted measures to divert portions of the local share of income tax proceeds to fund state obligations. This session, the Governor's Office is proposing a reduction in LGDF revenues that could reduce Kendall County revenues by $458,000 annually. Diverting monies owed to local governments to support state mandated functions (on top of the monies already owed to local governments by the state for probation, Medicaid and other state delivered services) will only cause more financial stress on county budgets and diminish the level of services counties are able to provide citizens. The Kendall County Board approved a resolution on March 19, 2013 opposing the diversion of monies from the LGDF and authorized the resolution to be sent to the local State Reps and Senators. DISCUSSION REQUESTED PRIOR TO ACTION H.B. 924-HFA #2- Res onsible Bidder (Rep. Jay Hojfman-D/Sen. John Cullerton-D) An amendment to this shell bill was adopted on April 18, Under current law, responsible bidder requirements only apply to contracts covered by the state procurement code (IDOT & CDB). House Bill 924 extends this requirement to all public works projects including local government projects and private development that receive state or local assistance. It is not financially viable for small contractors to have a U.S. Department of Labor approved apprentice program. The result is small contractors will be shut out of bidding local construction work. The bill also adds additional issues for local governments to administer and monitor and includes language on reporting straight time hours and minority hiring. Status: Passed House April 18, 2013 Referred to Assignments in Senate-April 22, 2013 House Vote: Cross - N Hatcher- N Kifowit - Y Roth - N ***Action Requested: The Illinois Association of County Board Members has requested that its members contact their state senators to oppose HB 924. The Illinois Municipal League has prepared a template letter for counties/cities to use to send to their senators. Kendall County Judicial Legislative Committee 2

10 Kendall County State Legislative Report 2013 H.B Juvenile Court Age Felonies (Rep. Barbara Flynn Currie-D/Sen. Heather Steans-D) This legislation is an unfunded mandate on county government that would assign those charged with a felony who are age 17 to Juvenile Court, thus requiring juvenile detention facilities vs. the county jail to house these offenders at a much higher cost. Currently only 17 year olds charged with a misdemeanor are processed through Juvenile Court, who reside on average for an estimated two weeks in a juvenile detention facility versus six months for a felony charge. Status: Passed House A ril 16, 2013 Referred to Assignments in Senate - April 17, 2013 Vote: Cross - Y Hatcher - Y Kifowit - N Roth -Y KEY LEGISLATIVE ISSUES TO MONITOR WIRELESS 911-SURCHARGE The following bills address the upcoming expiration of the Wireless 911-Surcharge, occurring July 1, The original expiration date was April 1, 2013 prior to a temporary extension being signed into law in January of this year (P.A ). Efforts were put forth to extend this surcharge deadline to either 2018 or Although none of the bills were moved out of committee, it is expected that the issue of the extension will be part of a large comprehensive utility bill this Spring. Emergency Telephone System Boards (ETSBs) currently receive a portion of the $0. 73 per wireless line surcharge that is assessed to support the operation of a county's emergency response system. H.B Wireless 911-Surcharge (Rep. Donald L. Moffitt-RJ Provides that beginning April 1, 2013, (now, January 1, 2008) the monthly surcharge imposed on wireless carriers shall be $1.00, rather than $ Removes provisions concerning amounts per surcharge to be deposited into specified funds. Requires the State Treasurer to deposit $0.80 per surcharge into the Wireless Service Emergency Fund for distribution to the authorities and $0.18 per surcharge into the NG9-1-1 Service Equalization Trust Fund. Provides that 1 % of the amounts collected may be distributed to the Illinois Commerce Commission to cover administrative costs. Further provides that in the case of a delinquent report, the Illinois Commerce Commission may impose a penalty on a carrier equal to the product of $0.1 (now, 112 ) and the number of subscribers served by the carrier, and that any penalty imposed shall be deposited into the NG9-1-1 Service Equalization Trust Fund. Provides that the Act is repealed on January 1, 2019 (now, April 1, 2013). Effective April 1, H.B Wireless 911-Surcharge (Rep. John Bradley-DJ H.B is similar to H.B except that this legislation will take effect immediately (rather than April 1, 2013, as provided in H.B. 1212) and will be repealed on January 1, 2018 (rather than January 1, 2019, as provided in H.B. 1212). H.B Wireless 911-Surcharge (Rep. John Bradley-DJ This House Bill will maintain the current monthly surcharge imposed on wireless carriers as $0.73 (rather than increasing it to $1.00 as specified in H.B and 2389). Provides that of this $0.73, $0.70 shall be deposited into the Wireless Service Emergency Fund for distribution to authorities, $0.02 shall be deposited into the Wireless Service Emergency Fund and distributed to County Emergency Telephone System Boards in counties with a population under 250,000, and $0.01 may be disbursed to the Illinois Commerce Commission for administrative costs, on and after July 1, Permits the Illinois Commerce Commission to impose a penalty on a carrier equal to the product of $0.01 (now $0.005) and the number of subscribers served by the wireless carrier, and that any penalty collected shall be deposited into the Wireless Service Emergency Fund. Amends this Act to be repealed on July 1, 2018 (now July 1, 2013). Kendall County Judicial Legislative Committee 3

11 Kendall County State Legislative Report 2013 PROPERTY TAXES S.B Property Tax- PTELL - New Rate (Sen. Kimberly A. Lightford-DJ Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that language providing that a new rate may not exceed the statutory ceiling above which the tax is not authorized to be increased applies only for levy years 2005 through Status: Revenue Committee Deadline Extended to May 10, 2013 CMAP/RTA MERGER SB 1594-Merge RTA & CMAP (Sen. Terry Link-DJ Creates the Transportation Modernization Act to merge the staffs and operations of the Regional Transportation Authority and the Chicago Metropolitan Agency for Planning. Expands the membership of the Oversight Board from 15 to 18 members by adding 3 Governor appointees, altering the balance of the board between city and suburban interests. The RTA was established 40 years ago to ensure that one of the three services boards (CTA, Metra, and Pace) was not unduly favored over another and to equitably distribute mass transit funding. This legislation will technically eliminate Kendall County from the CMAP Board as a voting member. The current draft shows an appointment by the Kane County Board Chairman with the consent of the Kane County Board and with the consultation from the Kendall County Board. There is also language that says the Oversight Board shall include a nonvoting member appointed by the Chairman of the Kendall County Board. Kendall County's role on the MPO Board is unclear. After much lobbying by the lone sponsor of the bill, the RTA/CMAP merger bill passed 8-3 the Executive Committee on the second vote, after failing on the first vote 6-5. Eight votes are needed to pass out of the Executive Committee. Status: Placed on Calendar Order of 3rd Reading in Senate- April 11, 2013 FREEDOM OF INFORMATION ACT Senate is discussing an omnibus FOIA bill and has placed a hold on all FOIA legislation temporarily. PROPERTY TAXES PASSED HOUSE CHAMBER No legislation regarding PTELL and property taxes passed out of the House. COUNTY OPERATIONS H.B County/Municipal-Solicitation (Rep. Donald L. Moffitt-R/Sen. John Mulroe-DJ Requires the charitable organization seeking an exemption from the prohibition on charitable solicitation to also provide the county with a list of 3 alternate solicitation locations. Provides that if the county or municipality determines that the applicant's location cannot be permitted due to significant safety concerns, such as high traffic volumes, poor geometrics, construction, maintenance operations, or past accident history, then the county or municipality may deny the application for that location and must approve one of the 3 alternate locations following the order of preference submitted by the applicant. Status: Passed House February 28, 2013!Placed on Calendar Order of 3rd Reading in Senate - A~ril 17, 2013 House Vote: Cross - Y Hatcher - Y Kifowit - Y Roth - Y Kendall County Judicial Legislative Committee 4

12 Kendall County State Legislative Report 2013 H.B Local Gov't Consolidation Commission (Rep. Jack D. Franks-R/Sen. Linda Holmes-DJ Extends the final report date to September 30, Status: Passed House March 1, 2013 Placed on Calendar Order of 3rd Reading in Senate - April 17, 2013 Vote: Cross - Y Hatcher - Y Kifowit- Y Roth- Exe. Absence H.B HFA #1 Illinois Transparency Accountability Portal (Rep. Tom Cross-R; Rep. Kay Hatcher-R Co-Sponsor/Sen. Kirk Dillard-R) An amendment to this shell bill was filed on April 12, 2013 and will expand the Illinois Transparency Accountability Portal (IT AP) to include all taxing bodies and their employee-related expenses, including employee pay and pension costs. ITAP is already in place and maintained by the Governor's Office. Status: Passed House April 16, 2013 Referred to Assignments in Senate - April 17, 2013 Vote: Cross - Y Hatcher- Y Kifowit- Y Roth - Exe. Absence COUNTY FINANCES H.B Local Government District Fund Deposit (Rep. Anthony DeLuca-D; Rep. Tom Cross-R Co Sponsor; Rep. Kay Hatcher-R Co-Sponsor; Stephanie Kifowit-D Co-Sponsor; Rep. Pam Roth-R Co Sponsor/Sen. John Cullerton-D) Provides that, from each income tax payment that the Department of Revenue receives, the Department must deposit certain amounts directly into the Local Government Distributive Fund (currently, the Department deposits the tax payment into the General Revenue Fund and the Treasurer then transfers a percentage of the net revenue to the Local Government Distributive Fund). Status: Passed House April 9, 2013 Referred to Assignments in Senate - April 10, 2013 House Vote: Cross - Y Hatcher - Y Kifowit - Y Roth -Y H.B Debt Reform - Alternative Revenue Bonds (Rep. David McSweeney-R/Sen. Pamela J. Althoff-R) This legislation imposes new limits on ARBs. Currently, statutory ceilings and caps limit property tax extensions and property tax rates levied by certain units of local government, thereby reducing the rates of increases in homeowners' property tax bills. According to Representative Mcsweeney, more and more units of local government are looking at a two-step process to sidestep many of these caps - a process called "double-barreled bonds" or "alternative revenue" bonds. This bill not only imposes new limits on alternative revenue bonds, it provides that a petition to initiate a backdoor referendum concerning the issuance of alternate bonds may be filed within 90 days (instead of 30) of publication of the authorizing ordinance and notice. It must be signed by 5% of the registered voters or 500 registered voters, whichever is less. Status: Passed House April 9, 2013 Referred to Assignments in Senate-April 10, 2013 House Vote: Cross - Y Hatcher - Y Kifowit - Y Roth -Y PLANNING, BUILDING, & ZONING H.B Building Demolition (Rep. Rita Mayfield-D/Sen. Terry Link-D) In a section about the expedited removal of certain buildings that are a continuing hazard to the community where located, repeals the requirement for a building to be residential and 2 stories or less. Status: Passed House March 1, 2013 Placed on Calendar Order of 3rd Reading in Senate - April 17, 2013 Vote: Cross - Y Hatcher - Y Kifowit - Y Roth - Exe. Absence Kendall County Judicial Legislative Committee 5

13 Kendall County State Legislative Report 2013 H.B County-Property Legal Description - House Floor Amendment #1 (Rep. Joe Sosnowski R/Sen. Pamela Althoff-RJ Provides that a public hearing notice concerning a map and text amendment need not include a metes and bounds legal description of the property affected, provided that the notice includes the common street address or addresses and PIN of all the parcels of property within the affected area. Status: Passed House March 8, 2013 Placed on Calendar Order of 2nd Reading in Senate - April 12, 2013 Vote: Cross - Y Hatcher - Exe. Absence Kifowit - N Roth -Y FREEDOM OF INFORMATION ACT/OPEN MEETINGS ACT H.B House Committee Amendment #1 - FOIA (Rep. Deborah Conroy-DJ Authorizes written FOIA requests to be submitted to a public body by electronic mail. Requires each public body to post an address where requests for public records may be directed. Currently, electronic mail is not listed as a means by which a written FOIA request may be submitted. Status: Placed on Calendar Order of 1st Reading in Senate - April 10, 2013 Vote: Cross - N Hatcher - N Kifowit - Y Roth-N H.B FOIA - Electronic Response (Rep. Michael Uness-R/Sen. Chapin Rose-RJ Authorizes a public body to respond via electronic mail to requests for public records that it has received by electronic mail. If a request is denied, the Public Body shall send the denial via electronic if the request for public records was received by electronic mail. Allows the requestor to grant an extension by electronic mail, rather than in writing, ifthe request was sent via electronic mail. Status: Passed House March 22, 2013 Referred to Assignments in Senate-April 11, 2013 Vote: Cross-Y Hatcher-Y Kifowit-Y Roth-Y JUDICIAL H.B Record Fees: Police Operations (Rep. Frank J. Mautino-D/Sen. Iris Y. Martinez-DJ Amends the Clerks of Courts Act. Provides that certain fees imposed for automated record keeping shall be paid by the defendant upon a judgment of guilty or grant of supervision for a violation (instead of "conservation violation") under certain Acts. Status: Passed House March1, 2013 Placed on Calendar Order of 2 d Reading in Senate - April 18, 2013 Vote: Cross - Y Hatcher- Y Kifowit- Y Roth- Exe. Absence H.B Clerks of Courts - Document Storage Fees (Rep. Al Riley-D/Sen. Toi Hutchinson-DJ Authorizes county boards to require the clerk of the circuit court to charge and collect a court automation fee 25 (currently no more than $15) and a court document fee of no more than $25 (currently no more than $15). House Floor Amendment #1 was adopted limiting the fee amount imposed upon certain defendants to not less than $1 nor more than $15. Status: Passed House March 22, 2013 Postponed in Revenue Committee in Senate -April 17, 2013 Vote: Cross - Y Hatcher- N Kifowit-N Roth-N Kendall County Judicial Legislative Committee 6

14 STATE PENSION Kendall County State Legislative Report 2013 H.B Public Employee Benefits - COLA (Rep. Michael Madigan-D/Sen. John Cullerton-DJ This bill will restrict the Cost of Living Adjustments (COLA) to public pensions to the first $25,000 in pension benefits. The change applies to state employees, downstate teachers, lawmakers and university workers. Judges are not included. The change is estimated to save the state $100 billion in pension costs over the next three decades. This is the third major pension reform component passed by the House this session. The objective is to combine all of the previously passed components into one pension bill. Status: Passed House March 21, 2013 Assigned to Executive Committee in Senate - April 3, 2013 Vote: Cross - Y Hatcher - Y Kifowit - Y Roth -Y PASSED SENATE CHAMBER ILLINOIS MUNICIPAL RETIREMENT FUND S.B Pension Code - Sick Days (Sen. Matt Murphy-R/Rep. Jay Hoffman-DJ Ends the practice of using unused vacation and sick time to increase pension benefits or to establish service credit for participants who first become participants on or after the effective date of the amendatory Act. Affects IMRF. Status: Passed Senate March 21, 2013 Assigned to Personnel and Pensions Committee in House - April 8, 2013 Senate Vote: Bertino-Tarrant- Y Holmes - NV Oberweis- Y Rezin- Y STATE PENSION S.B. 1-Pension Code-Reform State Systems (Sen. John Cullerton-D!Rep. Michael Madigan-DJ Amends the Illinois Municipal Retirement Fund (IMRF), State Employee, Downstate Teacher, and Judges Articles of the Illinois Pension Code. Contains a Part A, which is intended by the General Assembly as a stand-alone reform of the General Assembly, State Employee, State Universities, and Downstate Teacher Articles of the Illinois Pension Code and takes effect upon becoming law. Contains a Part B, which is intended to provide alternative provisions that take effect only if and when a corresponding portion of Part A is determined to be unconstitutional or otherwise invalid or unenforceable. In Part A, caps pensionable salary, temporarily suspends and reduces the amount of automatic annual increases, requires the systems to be 100% funded by 2043, and increases required employee contributions. In Part B, requires persons to make an election either to accept reductions in the amount of, as well as delays in eligibility for, automatic annual increases or to forgo certain healthcare benefits and future increases in pensionable income. Status: Assigned to Personnel and Pensions Committee in House -April 8, 2013 Senate Vote: Bertino-Tarrant - Y Holmes - N Oberweis - N Rezin - N COUNTY FINANCES S.B Counties Borrowing Money (Sen. Dave Syverson-RJ The county board of a county may borrow money for county purposes from one fund for the use of another fund, as long as it is repaid within the current fiscal year. Provides that the county board of a county may borrow money from any bank or financial institution, provided that the money shall be repaid within 10 years from the time the money is borrowed. Status: Passed Senate 50-1-April11, 2013 Referred to Rules Committee in House - April 12, 2013 Senate Vote: Bertino-Tarrant- NV Holmes - N Oberweis - Y Rezin - Y Kendall County Judicial Legislative Committee 7

15 Kendall County State Legislative Report 2013 COUNTY OPERATIONS S.B County Board Members Dual Office (Sen. Dave Syverson-R/Rep. Joe Sosnowoski-R) Authorizes a county member in any county (now, just those under 40,000) to concurrently hold the office of board of education, regional board of school trustees, board of school directors, board of a community college district, or board of school inspectors. Status: Passed Senate April 11, 2013 Referred to Rules Committee in House - April 11, 2013 Senate Vote: Bertino-Tarrant - NV Holmes - N Oberweis - Y Rezin - Y S.B Senate Committee Amendment #1 - Township Dissolution (Sen. Daniel Bliss-DJ Upon ordinance adopted by the city council of a township described under Section 27-5 of this Article, or upon petition of at least 10% of the registered voters of that township, the city council shall certify and cause to be submitted to the voters of the township, at the next election or consolidated election, a proposition to discontinue and abolish the township organization and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township to the municipality. Status: Passed Senate 50-1-April 17, 2013 Referred to Rules Committee in House -April 17, 2013 Senate Vote: Bertino-Tarrant- Y Holmes - Y Oberweis - Y Rezin - Y Kendall County Judicial Legislative Committee 8

16 Kend~-~l County State Legislative Repo~t f 2013 ~~~~~~~~~~~~~~==~~~~~~~~~~~~~~~~~~ Kendall County State Legislators - 9gth General Assembly 25 1 h Legislative District Senator Jim Oberweis (R) jim.oberweis@oberweis.com Springfield Office: 303 F Stratton Building Springfield, IL Phone (217) District Office: 959 Oak Street North Aurora, IL Phone (630) Kh Legislative District Senator Sue Rezin (R) senatorrezin@gmail.com Springfield Office: l 05C Capitol Building Springfield, IL Phone: Fax: District Office: 103 Fifth Street P.O. Box 260 Peru, IL Phone: Fax: "d Legislative District Senator Linda Holmes (D) lholmes@ilga.gov Springfield Office: 129 Capitol Building Springfield, IL Phone: District Office: 76 South LaSalle Street, Suite 202 Aurora, IL Phone: Fax: th Legislative District Senator Jennifer Bertino-Tarrant (D) jennifer@bertinotarrant.com Springfield Office: 61 7 D Capitol Building Springfield, IL Phone: (217) District Office: Route 59, Unit 201 Plainfield, IL Phone: (815) Fax: (815) Kendall County Judicial Legislative Committee 9

17 Kendall Cou~!_Y _8tate Leg~lativ~ ~eportj 2013 Kendall County State Representatives - 9gth General Assembly 50'h Representative District Representative Kay Hatcher (R) kayh@ilga.gov Springfield Office: 200-5N Stratton Building Springfield, IL Phone: District Office: 608 East Veterans Parkway Yorkville, IL Phone: Fax: th Representative District Representative Pam Roth (R) pamrothd75@gmail.com Springfield Office: 201-N Stratton Building Springfield, IL Phone: Fax: District Office: 3605 North State Route 47, Suite F Morris, IL Phone: 'h Representative District Representative Stephanie Kifowit (D) stephanie@stephaniekifowit.org Springfield Office: District Office: 200-3S Stratton Office Building 1677 Montgomery Road, Suite 116 Springfield, IL Aurora, IL Phone: (217) Phone: (630) Fax: (630) h Representative District Representative Tom Cross (R) tom@tomcross.com Springfield Office: 316 Capitol Building Springfield, IL Phone: Fax: District Office: West Lockport Street, Suite 213 Plainfield, IL Phone: Fax: Kendall County Judicial Legislative Committee 10

18 Nicole Swiss From: Sent: To: Cc: Subject: Rebecca Morganegg Tuesday, April 02, :59 PM Nicole Swiss Donna Jenkins; Marlene Diehl FW: comment on your ijuror system fyi -----Original Message----- From: Steve Jerger Sent: Monday, April 01, :04 PM To: Web_ _Circuit_Clerk Subject: comment on your ijuror system Hi: I wanted to give some feedback on your!juror system... My elderly mother recently received a Jury questionnaire from Kendall County, and I helped her to fill out the online form at juror.co.kendall.il.us. It made it quite easy for her to respond, especially as she's in Assisted Living with sight/hearing disabilities and was concerned about being asked to serve. It was also very easy to log in again and check her status after a few days, so she could see right away that she was excused, and she could stop fretting over it, as she tends to do :) However, once she focused clearly through her magnifier on the screen, she noted something even I hadn't - the "Excused" screen actually was signed "Will County Jury Commission", so she got worried again, and asked me if we'd signed into the wrong county! I noted the URL was still "juror.co.kendall.il.us/disqualified.asp", so I assured her "we signed into the right place, somebody probably just copied that screen and didn't update the county name, it's probably used for many counties." But I figured I should pass it along to your office, just so you can have someone update it at some point. As well, I would note on the page, your links to the!juror website and FAQ are broken - they seem to point to "ijuror.co.kendall.il.us/" instead of "juror.co.kendall.il.us/". I'm actually a little embarrassed to point out these errors, because they were minor - I just thought it best to note them in case no one else had. So let me end by emphasizing what a great service it is for you to have the online system - I am betting it makes your jobs easier as well. But for someone like my Mom, who worries over everything and is no longer as capable at dealing with the everyday challenges like she once did, being able to easily log into a system( your printed questionnaire had good directions), enter your information, and KNOW that you did it (with clear feedback from the form confirming everything at each step) was a huge help. And being able to log in and see the processed result in a few days eliminated the whole mail-based cycle of worry she'd normally go through, sending it off to an unknown place with unknown processing and unknown results. Thought you should know it was appreciated by both of us! thanks, Steve Jerger 1

19 J&i -I.. ~ '..,~ ( Counties Capitol at the Published by the Illinois Association of County Board Members and Commissioners President James McMahon, Vennilion County Kelly J. Murray, Executive Director Taylor Anderson, Legislative Consultant 413 West Monroe Springfield, Illinois / April 19, 2013 Illinois House members rushed to pass bills out of the House by the April 19 deadline before adjourning for a one-week recess; the Senate deadline is April 25. This report focuses primarily on county-related bills that have advanced from their chamber of origin. It is not all-inclusive. If you have questions regarding any legislation please contact our office at ~... - New legislative committee President Jim McMahon recently announced his appointments to the standing IACBMC legislative committee. The committee is charged with establishing a pro-active statement of policy and providing consultation to the executive director and legislative director in guiding the overall legislative activities of the Association. The following county board members will serve a two year term: District I - Southern Illinois Jim Fowler (Saline County) Tabitha Meador (Marion County) John Rendleman (Jackson Co.) District 2 - West Central David Parish (Cass County) Dick Rawlings (Morgan County) Tom Scheetz (Hancock County) District 3 - East Central Pat Haskins (Ford County) Alan Kurtz (Champaign County) Kathleen Piatt (Piatt County) District 4 - Northern Illinois Richard Brunk (Rock Island Co.) Chris Lauzen (Kane County) Ron Wait (Boone County) Tom Walsh (LaSalle County) Senate Bills in the House These bills have passed the Senate and am'ved in the House. SB 1224 (Murphy) Hoffman IMRF - NO SICK Status: House Pensions Committee Ends the practice of using unused vacation and sick time to increase pension benefits or to establish service credit. SB 1430 (Syverson) Cabello COUNTIES BORROWING MONEY Status: House Rules Allows a county to borrow from a local bank instead of having to use a tax anticipation warrant as long as the funds are repaid within two years. SB 1431 (Syverson) Sosnowski COUNTY BOARD MEMBERS Status: House Rules Authorizes a county board member in any county (now, those under 40,000) to concurrently hold the office of board of ~ education, regional board of school trustees, board of school directors, board of a community college district, or board of school inspectors. SB 1534 (Rose) Tracy DEFERRED COMP - ROTH IRA Status: House Rules Allows for state employees in the deferred compensation plan to also participate in Roth IRA plans. Additionally, instructs CMS and local governments to amend their plans to allow designated Roth IRA contributions and in-plan rollovers to designated Roth accounts. SB (Hastings) Williams LINE OF DUTY SUICIDE Status: House Rules Amends the Line of Duty Compensation Act. Provides that with respect to a law enforcement officer an injury in the active performance of duty includes a self-inflicted injury when a mental health professional establishes that the injury was a result of the officer's active duty service. \ ~ 1 Sheriff's deputies holding office Senator Terry Link (D-Waukegan) is sponsoring legislation which would allow police officers and sheriffs deputies (as well as a member of any fire department or fire protection district) to hold public office in the same local government in which they are employed. Senate Bill 1680 creates a conflict of interest by allowing law enforcement officers to be both the employer and employee with the same public body. The conflict becomes especially apparent with votes involving collective bargaining, wages and benefits, and sheriff department resources and staffing. The bill is on 3rd Reading in the Senate.

20 Illinois Association of County Board Members Legislative Report April 19, 2013 Page 2 of 8 New accountability to local boards Rep. Brad Halbrook (R Charleston) passed House Bill 3207 through the House, bringing new accountability to local Boards. The bill sets formal terms of office for board members and establishes rules for removing members who are guilty of misconduct. House Bill 3207 amends the state's Emergency Telephone Systems Board Act to establish set terms of office for those appointed to boards in counties of less than 100,000 people. Members would serve staggered 3-year terms, with the one-third of the terms ending January 1, 2015, one-third in 2016 and one-third in The bill also makes it possible for a majority vote of the governing body of the county or municipality to remove a board member for official misconduct or neglect of office. The bill now moves to the Senate. SB 1637 (Kotowski) Nekritz OPEN LAND GRANT REIMBURSE Status: House Rules Requires at least 50% of any grant made to a unit of focal government under the Open Space Land Acquisition Act to be paid to the local government at the time the grant is awarded. SB 1748 (Noland) Cabello LINE OF DUTY - COURT SECURITY Status: House Rules Includes court security officers in the definition of the term "law enforcement officer." Such officers get compensation if they are killed in the line of duty, this will now extend to court security officers. SB 1812 (Link) Brauer DEMAND DEPOSIT ACCOUNTS Status: House Rules Allows any treasurers and custodians of public funds to deposit funds into demand deposit accounts. SB 1824 (Sullivan) LOCAL MEMORIAL MAINTENANCE Status: House Rules Addresses an issue in current law wherein local governments may by ordinance construct memorials, but can not appropriate funds for this maintenance. This bill allows counties to appropriate funds to maintain veterans' memorials that are erected. SB 1843 (Mulroe) PROBATION TRANSFER CASE Status: House Rules Seeks to ensure that the correct county is reimbursed for the fees associated with the transfer of a juvenile offender by defining "transfer case" in the Probation and Probation Officers Act. Senate Bills These bills remain in the Senate and may be called for consideration next week. SB 1204 (Harmon) COUNTIES CODE - SPECIAL FUNDS Status: Senate 3rd Reading Provides that in a county that maintains a countywide map through a Geographic Information System (GIS), a charge may be added to specified filing fees in order to defray the cost of providing automated access, in addition to electronic access, to the county's GIS or property records (now, records). SB 1469 (Sullivan) WIND ENERGY FACILITY Status: Senate 2nd Reading Requires an operator of a commercial wind energy facility on land owned by another to enter into an agricultural impact mitigation agreement with the Department of Agriculture. Provides that the operator is responsible for deconstruction of a wind energy facility. SB 1514 (Biss) FOIA - ATTORNEY'S FEES Status: Senate 2nd Reading Provides that, for the purpose of awarding attorneys' fees and costs under the Act, a requester prevails if he or she obtains relief through (i) a judicial order, (ii) an enforceable written agreement or consent decree, or (iii) a voluntary or unilateral change in position after suit has been filed under the Act. NOTE: These changes will increase the financial burden on local governments by enlarging the scope for which locals would be required to pay attorney fees. House approves new transparency bill Rep. Tom Cross (R-Oswego) and Rep. Ron Sandack (R-Downers Grove} passed a transparency initiative out of the House to make state and local government more accountable to taxpayers. House Bill 1555 expands the Illinois Transparency Accountability Portal (ITAP) to include all taxing bodies and their employee-related expenses, including employee pay and pension costs. ITAP is already in place and maintained by the Governor's office. The bill now goes to the Senate for consideration. NOTE: This bill passed the House unanimously on April 16 by a vote of More changes are being discussed to make this mandate better for local governments. SB 2153 (Cunningham) FOIA - COUNTY INMATE REQUESTS Status: Senate 3rd Reading Exempts from FOIA records requested by persons committed to a county jail if those materials are available in the library of the correctional facility or jail where the inmate is confined or include records from staff members' personnel files, staff rosters, or other staffing assignment information. The Senate is in talks to run an omnibus FOIA bill and has placed a hold on all FO/A legislation for the moment.

21 Illinois Association of County Board Members Legislative Report April 19, 2013 Page 3 of 8 House Bills in the Senate These bills have passed the House and arrived in the Senate. HB 961 (DeLuca) Cullerton LGDF DEPOSIT Status: Senate Assignments Requires the direct deposit of the local income tax share into the Local Government Distributive Fund (LGDF) for prompt distribution to counties and municipalities. Passed the House on April 9 with a vote of Picked up for sponsorship in the Senate by Senate President John Cullerton (D-Chicago). NOTE: Cullerton's sponsorship places an uncertain fate on this bill. IACBMC has pursued this bill for several years. It has over 60 co-sponsors. HB 983 (Mcsweeney) Althoff ALTERNATIVE REVENUE BONDS Status: Senate Assignments Amends the Local Government Debt Reform Act. The bill generally reduces the number of signatures needed and increases the number of days (45 days, up from 30 days) over which the signatures can be collected in order to trigger a backdoor referendum on the use of alternate bonds. Passed the House on April 9 with a vote of NOTE: Several provisions of the bill that would have threatened the viability of alternate bonds for local governments were negotiated out. There is a possibility of more changes via a Senate amendment. HB 1020 (Mayfield) Link COUNTIES CODE - DEMOLITION Status: Senate 3rd Reading Concerning the expedited removal of certain buildings that are a continuing hazard to the community, repeals the requirement for a building to be residential and 2 stories or less in height. HB 1201 (Sosnowski) Althoff MUNICIPAL CODE - WIND FARMS Status: Senate 2nd Reading Amends the Illinois Municipal Code. Provides that a municipality may prohibit any electric generating wind device from locating less than 1,400 feet from a residence within its corporate limits. NOTE: Applies only to devices permitted after the effective date of the amendatory Act. Mcsweeney marks tax day with resolution opposing graduated income tax Rep. David Mcsweeney (R-Barrington Hills) marked tax day by announcing House Resolution 241 ; a measure to oppose a graduated income tax in Illinois. An opposing constitutional amendment has also been filed in the House calling for a progressive income tax which Mcsweeney calls "disastrous for a modern economy". "Under a graduated income tax, income tax rates would increase as family income rises," said Mcsweeney. "We need to be incentivizing work effort, investments and entrepreneurship and not punish families when they make more money." Illinois' income tax has been levied at a non-graduated rate since its inception in The current flat rate structure is a commitment from the Constitution of the State of Illinois. Resolution 241, if passed in its current form, would show strong opposition to an attempt to pass a progressive tax in Illinois as outlined in House Joint Resolution Constitutional Amendment 2 sponsored by Rep. Naomi Jakobsson (D-Champaign). Reclaiming First measure passes In an effort to make Rockford the Midwest recreational sports destination, Sen. Steve Stadelman (D-Loves Park) passed a measure allowing Winnebago County to impose a 2 percent tax on hotel stays. It is estimated that this new tax, which would be shouldered by out-of-town visitors, would generate $13 million for the project. "Currently in Rockford, hotel guests pay a 12 percent tax at checkout. But surrounding areas like Peoria and Galesburg have a 13 percent tax, and Chicago has a 16.4 percent tax. So Rockford will still be competitive in attracting tourists," Stadelman said. Senator Steve Stadelman {right) is congratulated by fellow Senator Dave Syverson (R-Rockford) on the passage of Senate The Reclaiming First proposal transitions the former Ingersoll building into a riverside indoor sports complex, while making improvements to Sportscore One and Two. The project, Reclaiming First, was introduced in December 2011 and has rallied support from across Winnebago County and the surrounding area. According to Stadelman, the majority of the estimated $37.5 million needed in funding for the new project would come from non-local sources including grants, charitable contributions and state funding. Since 2007, Rockford's amateur sports tournaments have dropped 11 percent annually, resulting in $1.4 million loss for the region each year. In an effort to turn this downward trend around, elected officials, business owners and labor leaders collaborated on a proposal that would expand resources to make Rockford the amateur sports tournament capital of the Midwest. Senate Bill 1859 now moves to the House for further consideration.

22 Illinois Association of County Board Members Legislative Report April 19, 2013 Page 4 of 8 Rep. Kay aims to correct unfair labor arbitration practice Existing arbitration law allows arbitrators to pressure local governments into raising taxes in order to generate revenue to pay for employee wage and benefit awards. Arbitrators can consider several factors when making decisions on wages and benefits. No guidance is given on how each factor should be weighed and there is no language that connects the wage and benefit award to affordability based on actual revenues being collected by the local government. Rep. Dwight Kay (R-Edwardsville) is sponsoring House Bill 1490 which would require arbitrators to consider the actual revenues being collected by a local government when making decisions on wage and benefit increases. Currently, arbitrators are permitted to examine local government taxing authority and base awards on how much additional revenue could be generated if local governments were to increase taxes and fees on their residents. Arbitration decisions are binding on local governments. If an arbitrator orders a wage and benefit increase that requires revenue outside of the operating budget, then the local government must choose to increase taxes, reduce services, or run a deficit. House Bill 1490 would prevent arbitrators from making awards because a local government has room to "increase its utility tax" or "raise its sales tax." The arbitrator could only consider what the local government is actually generating from a tax or fee. Please contact your legislators and ask them to support House Bill Decisions on appropriate levels of taxes and fees belong with local governments - not un-elected arbitrators. PTELL limitation defeated! On April 12, the Illinois House voted down House Bill 89 which would have prevented tax capped counties from automatically collecting basic inflationary increases through property taxes when the assessed valuation of properties declined or remained flat. The vote was A similar bill, House Bill 3041 sponsored by Rep. Stephanie Kifowit (D-Aurora) was not called for a vote in the House by today's deadline. HB 1045 (Franks) Holmes LOCAL GOVT. CONSOLIDATION Status: Senate 3rd Reading Extends the final report date of the Local Government Consolidation Commission to September 30, HB 1046 (Harris) Hunter MEDICAID - ELIGIBLE INMATES Status: Senate Human Services Com. Amends the Illinois Public Aid Code. In a provision concerning eligibility for medical assistance for persons who are incarcerated in a public institution, provides that any such person who is not already enrolled for medical assistance may apply for assistance prior to the date of scheduled release or discharge from a penal institution or county jail (rather than may apply for medical assistance no more than 30 days prior to the date of scheduled release or discharge from a penal institution or county jail or similar status). HB 1444 (Zalewski) Martinez IMRF AMORTIZATION Status: Senate Pensions Committee Provides the Board shall determine the amortization period used in calculating the amount to be contributed by participating municipalities and instrumentalities in order to adjust for changes in the Fund's unfunded accrued liabilities. The amortization period shall not exceed 30 years for municipalities or 10 years for instrumentalities. HB 1522 (Fortner) Koehler STORMWATER MANAGEMENT Status: Senate 3rd Reading Allows DuPage and Peoria counties to adopt a schedule of fees applicable to real property that benefits from the county's stormwater management facilities and activities. Sets forth the circumstances under which a fee schedule may be adopted and uses for the fees. HB 1539 (Dunkin) TRAFFIC CONTROL Status: Senate Assignments Provides that local authorities may certify persons to act as traffic control for processions or assemblages. HB 1745 (Pritchard) Holmes ILLINOIS POWER AGENCY ACT Status: Senate Assignments Provides that any county board that seeks to submit a referendum to its residents to determine whether or not an aggregation program shall operate as an opt-out program for residential and small commercial retail customers shall do so only in unincorporated areas of the county where no electric aggregation ordinance has been adopted. HB 2317 (Zalewski) Harmon PROPERTY TAX BILL Status: Senate Revenue Committee Provides that property tax bills may be sent via only if the property owner or taxpayer has requested in writing to have the bill sent via . HB 2327 (Riley) Hutchinson COURT DOCUMENT STORAGE Status: Senate Revenue Committee Authorizes county boards to require the circuit court clerk to charge and collect a court automation fee of up to $25 (instead of $15) and a court document fee of up to $25 (instead of $15).

23 Illinois Association of County Board Members Legislative Report April 19, 2013 Page 5 of 8 HB 2404 (Currie) Steans JUVENILE DELINQUENCY AGE Status: Senate Assignments Requires youths under the age of 18 (rather than 17) charged with non-violent felonies to be handled at the juvenile court level, rather than tried as adults. Those charged with violent crimes would still be sent through the adult court system. HB 2482 (Cabello) Stadelman COUNTIES CODE - STATEMENT Status: Senate Assignments Requires the annual budget to contain a detailed statement showing any bonus or increase in salary, wage, stipend, or other form of compensation for every agency, department, or any other entity receiving an appropriation from the county. Exempts employees in a collective bargaining unit. HB 2488 (Verschoore) Link LOCAL GOVT. PUBLIC NOTICE Status: Senate Local Govt. Comm. Amends the Local Government Professional Services Selection Act. Provides that whenever a project requiring architectural, engineering, or land surveying services is proposed for a political subdivision, the political subdivision shall mail or a notice requesting a statement of interest. HB 2530 (Welch) McConnaughay COUNTY - DONATION DROP BOXES Status: Senate Assignments Provides that the corporate authorities of any county may, by ordinance, prohibit any donation box placed on any property within the county by any person, organization or business that is not recognized by the IRS as a tax-exempt entity. HB 2690 (Walsh) McGuire COUNTIES CODE - CASA FEE Status: Senate 3rd Reading Allows the county board to impose an additional fee of $10 to $30 on convictions and grants of supervision for felonies, misdemeanors and petty offenses to support Court Appointed Specia l Advocate services. HB 2747 (Conroy) FOIA - ELECTRONIC REQUESTS Status: Senate Assignments Authorizes written FOIA requests to be submitted to a public body by electronic mail. Requires each public body to post an address where requests for public records may be directed. Medical marijuana bill moves to the Senate, Haine sponsors After months of reportedly being "one or two" votes short of passage, Rep. Lou Lang's (D-Skokie) House Bill 1 to legalize marijuana for medical use was passed by House lawmakers on April 17. Lang was joined by numerous representatives arguing for the passage of this measure. Lawmakers recounted stories of friends and family members who suffered from chronic pain and debilitating illnesses whose suffering could have been eased by access to medical marijuana. Senator Bill Haine (D- Alton) is sponsoring the proposal as it moves to the Senate. "Allowing limited and regulated access to medical marijuana is the compassionate thing to do; it is the right thing to do," Haine said. "I have faith that my fellow senators will see that passing this legislation gives those in pain a safe and legal way of easing their suffering." HB 2820 (Mitchell) Manar PUBLIC BUILDING COMMISSION Status: Senate 2nd Reading Allows Public Building Commissions to rent its buildings and facilities to not for profit corporations and organizations. HB 2832 (Lang) Silverstein COUNTY RECORDER - FILINGS Status: Senate Assignments Provides that a county recorder may establish a Review Index and procedures for investigating filings that would cause the recorder to reasonably believe that the filing may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. HB 2925 (Fine) Biss LOCAL GOV. APPOINTEE ETHICS Status: Senate Assignments Provides that any member of a governmental entity appointed by the president of the county board, with or without the advice and consent of the county board, shall abide by the ethics laws applicable to, and the ethics policies of, that county and, if applicable, shall be subject to the jurisdiction of that county's ethics officer or inspector general. HB 2930 (Unes) Rose FOIA- ELECTRONIC RESPONSE Status: Senate Assignments Authorizes and, in some circumstances requires, a public body to respond by electronic mail to requests for public records that it has received by electronic mail. HB 3233 (Leitch) LaHood FIRE PROTECTION - TAX LEVY Status: Senate Local Govt. Com. Provides that a fire protection district may propose, by referendum, a special tax levy not to exceed.40% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue for ambulance services. HB 3319 (Halbrook) Koehler EPA - RURAL COMPOSTING Status: Senate Assignments Provides that if a municipality or county in which a composting facility is located has by ordinance approved a set back distance of less than 1/4 mile, then a facility located in the boundaries of that unit of government may maintain its on-farm exemption from waste permitting even though it violates the otherwise applicable 1/4 mile setback requirement. The l/llnois House has adjourned for a one week recess and will return on April 30; the Senate will return on April 23.

24 Illinois Association of County Board Members Legislative Report April 19, 2013 Page 6 of 8 "The state has to do a better job of encouraging new business growth as well as attracting new businesses to Illinois," said Senator Andy Manar. "/ think the state can meet those tasks by restructuring the agency to be more focused and responsive to the needs of the business community." Manar takes lead on proposal to restructure DCEO Business leaders and economic development organizations gathered in Naperville recently to discuss a proposal to restructure the lead state agency responsible for economic development in the state. With concerns the agency is falling short in addressing unemployment and job creation, Senator Andy Manar (D-Bunker Hill) has introduced legislation that would restructure the Department of Commerce and Economic Opportunity (DCEO). Manar's legislation, contained in Senate Bill 2, would abolish DCEO and replace it with two entities responsible for developing the state's strategic economic plan, maintaining DCEO's current economic development responsibilities and developing marketing strategies and policy research for business development in Illinois. "Our goal through this process is to work with DCEO to identify programs that are taking resources away from economic development and determine if those programs need to be shifted to another agency," Manar continued. Senate Bill 2 was heard in the State Government and Veterans Affairs Subcommittee on Economic Development and included testimony from the Chicagoland Chamber of Commerce, Chicago Southland Chamber of Commerce, Naperville Development Partnership, Choose DuPage and the Naperville Area Chamber of Commerce. The bill is on 2nd Reading in the Senate. Raoul legislation cracks down on flash mobs Senator Kwame Raoul (D-Chicago) has introduced legislation cracking down on violent "flash mobs" and requiring internet service providers (ISPs) to cooperate with law enforcement to help track down instigators. In recent incidents in Chicago's Magnificent Mile and in the Loop, large groups of young people shoplifted from retailers and assaulted and robbed passersby. Social networking websites such as Twitter allowed them to coordinate their efforts. Senate Bill 1005 would require ISPs to provide identifying information, including the location from which a tweet or other message was sent, to law enforcement once they show probable cause to believe a mob action has been or is being facilitated via the Internet. ISPs could be fined for failure to comply. Raoul's measure also would allow a judge to impose an extended sentence for offenses related to criminal mob activity if the perpetrator used electronic communications to organize the mob. Senator Daniel Biss (D-Evanston) secured passage of legislation on April 18 that would require law enforcement officers to obtain a warrant before using a drone to gather information. If approved by the House, Senate Bill 1587 could become the first law of its kind in the nation. A law enforcement officer seeking to use an unmanned aerial vehicle would have to demonstrate probable cause and obtain a warrant, just as officers must now do before searching a home. Law enforcement agencies would also be required to disclose drone ownership; currently, there is no way to know how many drones are in use in the state and who owns them. Biss' measure includes exceptions allowing a drone to be used without a warrant to film traffic accidents and crime scenes on public property and to search for missing persons.

25 Illinois Association of County Board Members Legislative Report April 19, 2013 Page 7 of 8 Barickman passes legislation to assist veterans in becoming police officers The Senate passed legislation sponsored by Sen. Jason Barickman (R-Bloomington) which would allow returning veterans to become police officers by substituting service in the armed forces for college education requirements. Senate Bill 1908 allows municipal police departments to replace college education requirements with certain active duty military service. The bill allows 24 months of active duty service to replace an Associate's Degree and 36 months of service to replace a Bachelor's Degree. The idea for the bill was brought to Barickman by Pontiac Police Chief Jim Woolford. Interstate Mutual Aid Act advances Rep. Don Moffitt (R-Gilson) passed legislation in the House that will provide for a quicker and more effective response in the event of an emergency in a neighboring state or when local Illinois communities are in need of assistance from neighboring state communities. House Bill 2761 allows responders reciprocity on licenses when acting in the scope of what the requesting state authorizes per the responder's license. Illinois Senate approves Connelly's economic development bill Providing local governments with an economicdevelopment tool to spur manufacturing business is the aim of legislation sponsored by Sen. Michael Connelly (R-Naperville) and approved by the Illinois Senate April 11 on a unanimous vote. Senate Bill 1519 allows any county, municipality, village, or township to abate all or a portion of property taxes levied by the district on qualified tool and die manufacturing business property, beginning in tax year Any other taxing districts may then abate the portion of their taxes on the property.. "We are giving local government the option to help manufacturing businesses stay competitive and provide good-paying jobs in a tough economy," Connelly said. "This economic-development tool is a step in the right direction toward making Illinois more business-friendly and helping to revitalize manufacturing in Illinois." Recent studies have shown that, despite the state's chronically high unemployment rates and generally sluggish economy, manufacturing has been among the bright spots in the state. Senate Bill 1519 now moves to the House for consideration. A legislative ethics package (SB 2380 and SB 2381) introduced by Sen. Christine Radogno (R-Lemont} is moving through the Illinois Senate that targets the use of state-financed grant dollars for political purposes, and increases transparency of state grant dollars given to non-profit and community based organizations. The Senator pointed to evidence uncovered by a CNN investigative report that millions in taxpayer dollars had been misused by Governor Quinn's Neighborhood Recovery Initiative (NRI) grant program. A four-month investigation revealed state grant funds were used to pay teens to march in a parade with the Governor, hand out flyers promoting inner peace, take field trips to museums, and attend a yoga class. "It's time to shine some light on these expenditures so we can more easily review how organizations are using these grant dollars and ensure taxpayer funds are being utilized appropriately," said Radogno.

26 Illinois Association of County Board Members Legislative Report April 19, 2013 Page B of B IDOT unveils six-year infrastructure program The Illinois Dept. of Transportation (IDOT) released the details of the state's $2.4 billion fiscal year 2014 state transportation improvement program that will commence July 1, as part of Illinois' $9.53 billion, six-year plan. Maintaining Illinois' transportation infrastructure is a top priority, as the state's roads, railways, waterways and airports remain some of the most heavily traveled in the nation. Modernized, accessible transportation infrastructure is valued by employers, who create jobs and stimulate economic growth. Senate Republicans were quick to point out that the last five years of the plan will average little more than $1.4 billion per year, significantly less than the almost $3 billion annually IDOT officials say is needed to maintain roads at 90% acceptable or good repair, and bridges at 93% acceptable or good repair. The plan will repair 2, 142 miles of roads over six years. With this level of funding, IDOT is facing a 5,600 mile road repair backlog on the 16,000 mile state system within the next five years. You can view the list of projects at House Bill 924 sponsored by Rep. Jay Hoffman (D-Belleville) would increase the cost of public works projects by bringing "responsible bidder" language to the prevailing wage law. Under current law, responsible bidder requirements - only apply to contracts covered by the state procurement ~ code (IDOT & COB). House Bill 924 extends this requirement to all public works projects including local government projects and private development that receive state or local assistance. It is not financially viable for small contractors to have a U.S. Department of Labor approved apprentice program. The result is, small contractors will be shut out of bidding local construction work. The bill also adds additional issues for local governments to administer and monitor and includes language on reporting straight time hours and minority hiring. The Illinois Municipal League prepared the following model letter that you can or fax to your representative's office: Dear Senator <NAME> I write to urge that you oppose HB 924. This legislation would further burden public bodies and taxpayers by increasing the costs of public projects. HB 924 would amend the Illinois Prevailing Wage Act to impose certain bidding provisions found within the Illinois Procurement Code. This means that only those contractors that meet these requirements would be permitted to bid on public projects. The most burdensome requirement is that eligible contractors must participate in a United States Department of Labor apprenticeship program. Participation in such a program is costly and creates compliance difficulties for smaller contractors. The result of the bill would be to exclude smaller contractors from bidding on public works projects. This exclusion favors larger contractors, reduces competition, and drives up project costs for local taxpayers. While the bill would reduce competition among contractors in many cities and counties, it is smaller communities that would be most impacted. Smaller communities have fewer local contractors from which to accept bids. In some communities served by smaller local contractors, most, if not all, of the local contractors would find themselves ineligible to bid on public projects. Some of these communities would have no choice but to seek out larger contractors from outside of the community. This certainly hinders efforts to promote local businesses. Once again, the (COUNTY) of <NAME> respectfully requests that you vote with your communities and local taxpayers by opposing HB 924. Important Dates May 10, 2013 DEADLINE: Substantive House and Senate bills out of Committee Respectfully, House Bill 924 passed the House April 18 on a disputed vote of It now moves to the Senate for consideration. <O 2013 lllinols Association of County Board Members and Commissioners. All rights reserved.

27 May 7, 2013 The Honorable Jim Oberweis 25lh Legislative District 303F Stratton Building Springfield, 1L RE: House Bill Responsible Bidder Legislation Dear Senator Oberweis: ~ \~ \~\ ~\ ~~ Kendall County urges that you oppose HB 924. This legislation would fr.-..~rden public bodies and taxpayers by increasing the costs of public projects. ~ ~~w HB 924 would amend the Illinois Prevailing Wage Act to~ mpos O i:tam bidding provisions found within the Illinois Procurement Code. This means that only those c ~1'fs that meet these requirements would be permitted to bid on public projects. The most burdens~ irement is that eligible contractors must participate in a United States Department of Labor appc~ ip program. Participation in such a program is costly and creates compliance difficultie~~~ller contractors. The result of the bill would be to exclude smaller contractors from bidding o:'\,~orks projects. This exclusion favors larger contractors, re mpetition, and drives up project costs for local taxpayers. While the bill would reduce 10n among contractors in many cities and counties, it is smaller communities that would be mo cted. Smaller communities have fewer local contractors from which to accept bids. In some c nities served by smaller local contractors, most, if not all, of the local contractors would fi~~\p s ves ineligible to bid on public projects. Some of these communities would have n~c~~ ~t to seek out larger contractors from outside of the community. This certainly hinders efforts to ote local business. Once again, Kend~ll ~ respectfully requests that you vote with your communities and local taxpayers by opp 924. We sincerely thank you for your support and your constant efforts to improve and enhloc our wonderful community. Should you have any questions regarding this issue, please ~~te to contact the Kendall County Administrative Office at ( 630) s~?;; John Shaw Lynn Cullick Jeff Wilkins County Board Chair Legislative Committee Chair County Administrator