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Monday, June 10, 2013

IML Summarizes Bills Affecting Municipalities


The Illinois Municipal League has done a great job summarizing key pieces of legislation that passed both houses in the Illinois General Assembly and that either directly or indirectly affect municipalities.  The following is a "top ten" list of these bills off the IML website, listed in no particular order:

Telecom Rewrite
SB 1664 was approved by both chambers and would rewrite the telecom statute. Municipalities retained their control over public rights-of-way, and local revenues were not diminished in the rewrite of the statutes.
 
PSEBA Transparency
SB 1245 amends PSEBA to establish reporting requirements with respect to the number of beneficiaries, costs, nature of injuries, and available insurance options. The first report would be published no later than June 1, 2014.  The bill was approved by both chambers.

Concealed Carry
HB 183 was approved to allow concealed carry in Illinois, subject to locational restrictions.  The bill would preempt home rule to create a statewide concealed carry permitting process without restricting other gun-related ordinances. The bill also requires 16-hours of training and a 5-year permit fee of $150.

Medical Marijuana
HB 1 was approved by both chambers and would create a statewide medical marijuana pilot program. The bill includes background checks for both patients and caregivers and allows the state to control how much marijuana a patient can possess.

Omnibus Election Bill
HB 2418 was approved by both chambers and makes several changes to election law. Some of these changes include provisions of interest to municipal government. One change includes a standard referendum ballot question regarding the adoption and repeal of home rule status. Another would render a municipal official ineligible to continue service if they are late to pay a debt to the municipality.
 
Hydraulic Fracking
SB 1715 was approved by both chambers and would create a statewide regulatory framework for hydraulic fracking. Fracking is a process that involves drilling and water pressure to extract natural gas. Fracking supporters contend that the legislation will create thousands of new jobs in Illinois while injecting $9.5 billion into the state economy.

Prevailing Wage Certified Payroll Records

HB 922 would require that public bodies retain certified payroll records for five years instead of three. The new five-year requirement would apply to payroll records accrued following the effective date of the legislation. Both chambers approved the legislation.

Workers' Compensation Changes
HB 3390 makes several agreed-upon changes to the workers' compensation law. These include: (1) access to an interpreter paid for by Commission; (2) a clean-up of the arbitrator appointment process; (3) the availability of a handbook on the Commission website; (4) elimination of copying charges for certification by Commission to circuit court; (5) the need for a receipt from the Commission for certification; and (6) transfer of funds to the Injured Workers Fund. The bill was approved by both chambers.

Cell Phone Driving Ban
HB 1247 was approved by both chambers and would prohibit the use of a cell phone while driving, unless hands-free technology is utilized.

Bill of Rights for Homeless
SB 1210 establishes certain rights for homeless persons and provides that in any civil action alleging a violation of the Act, the court may award appropriate injunctive and declaratory relief, actual damages, and reasonable attorney's fees and costs to a prevailing plaintiff. This legislation could make it difficult, if not impossible, for municipal governments to effectively enforce public loitering ordinances.

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