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HomeMy WebLinkAbout2f. Current Status of Significant Legislation If ,/r" ~ i~~ \':V'i! ~) <~ NORTHWEST MUNICIPAL CONFERENCE 1616 East Golf Road Des Plaines, Illinois 60016 (847) 296-9200. Fax (847) 296-9207 www.nwmc-cog.org MEMBERS Antioch Arlington Heights Barrington Bartlett Buffalo Grove Carpentersville Cary Crystal Lake Deerfield Des Plaines Elk Grove Village Evanston Fox River Grove Glencoe Glenview Golf" Grayslake Hanover Park Hawthorn Woods Highland Park Hoffman Estates Inverness Kenilworth Lake Barrington Lake Forest Lake Zurich Libertyville Lincolnshire Lincolnwood Morton Grove Mount Prospect Niles Northbrook Northfield Northfield Twp Palatine Park Ridge Prospect Heights Rolling Meadows Roselle Schaumburg Skokie Streamwood Vernon Hills Wheeling Wilmette Winnetka President Gerald Turry Lincolnwood Vice-President Kerry Cummings Glenview Secretary Jill Brickman Northfield Township Treasurer Robert Kiely Lake Forest Executive Director Mark L Fowler "Affiliate Member A Regional Association of Illinois Municipalities and Townships Representing a Population of Over One Million AGENDA NWMC Legislative Committee Wednesday, April 21, 2010 8:30 a.m. NWMC Offices I. Call to Order II. Approval of March 24, 2010 meeting minutes (Attachment A) Action requested: Approve minutes III. Legislative Days in Springfield Attendees are requested to share what they learned during meetings with legislators. Action requested: Discussion IV. Pension Fairness Legislative Update (Attachment B) During the first negotiation session following the break, members of the Pension Fairness Coalition introduced a modified pension system for new hires (see attached). The unions focused on implementing penalties for municipalities that do not fully make their actuarially required contributions. Action requested: Discussion V. Proposed Local Government Distributive Fund Cuts Despite reassurances from legislators that the LGDF should be safe from cuts as a state budget is hammered out in the closing weeks of session, there are indications this fund still could face reductions. Action requested: Discussion VI. Legislative Update (Attachment C) An update will be provided at the meeting. Action requested: Discussion VII. Other Business VIII. Next Meeting Wednesday, May 19,2010 at 8:30 a.m. IX. Adjourn If //- ~ ~..~.-.\.'..)..~ ~~I ~>(~ NORTHWEST MUNICIPAL CONFERENCE 1616 East Golf Road Des Plaines, Illinois 60016 (847) 296-9200. Fax (847) 296-9207 www.nwmc-cog.org MEMBERS Antioch Arlington Heights Barrington Bartlett Buffalo Grove Carpentersville Cary Crystal Lake Deerfield Des Plaines Elk Grove Village Evanston Fox River Grove Glencoe Glenview Golf' Grayslake Hanover Park Hawthorn Woods Highland Park Hoffman Estates Inverness Kenilworth Lake Barrington Lake Forest Lake Zurich Li bertyville Lincolnshire Lincolnwood Morton Grove Mount Prospect Niles Northbrook Northfield Northfield Twp. Palatine Park Ridge Prospect Heights Rolling Meadows Roselle Schaumburg Skokie Streamwood Vernon Hills Wheeling Wilmette Winnetka President Gerald Turry Lincolnwood Vice-President Kerry Cummings Glenview Secretary Jill Brickman Northfield Township Treasurer Robert Kiely Lake Forest Executive Director Mark L. Fowler 'Affiliate Member A Regional Association of Illinois Municipalities and Townships Representing a Population of Over One Million MINUTES NWMC Legislative Committee Wednesday, March 24,2010 8:30 a.m. NWMC Offices Members Present: Al Larson, President, Village of Schaumburg, Committee Co-Chair Chris Canning, President, Village of Wilmette, Committee Co-Chair Karen Darch, President, Village of Barrington (via phone) Elliott Hartstein, President, Village of Buffalo Grove Duane Figurski, Trustee, Village of Fox River Grove Dave Limardi, Manager, City of Highland Park Bill McLeod, President, Village of Hoffman Estates Jim Norris, Manager, Village of Hoffman Estates Bob Kiely, Manager, City of Lake Forest Jerry Turry, Mayor, Village of Lincolnwood Dave Strahl, Assistant Manager, Village of Mount Prospect Louella Preston, Trustee, Village of Niles Sandy Frum, President, Village of North brook Fred Gougler, President, Village of North field Jill Brickman, Supervisor, Northfield Township Richard Hamen, Alderman, City of Prospect Heights George Van Dusen, Mayor, Village of Skokie Gene Greable, Trustee, Village of Winnetka Others Present: Mark Fowler, Executive Director, NWMC (via phone) Larry Widmer, Deputy Director, NWMC Larry Bury, Policy Director, NWMC I. Call to Order President Canning called the meeting to order at 8:34 a.m. II. Approval of February 17,2010 meeting minutes Mayor Van Dusen moved approval of the February 17,2010 meeting minutes. The motion was seconded by President Frum and unanimously approved. III. Pension Fairness Legislative Update Mr. Fowler informed the Committee that yesterday's negotiation session had been cancelled and that an omnibus pension bill was advancing, although no details were available. The Committee inquired what impact this could have on the Pension Fairness effort. Mr. Fowler stated we may have an answer once we determine what is in the bill. IV. FY 2011 State Budget Mr. Bury briefly discussed Governor Quinn's staffs proposal to the Mayor Caucus adding that they have submitted nothing in writing at this point. President Canning recommended surveying membership to determine what impact the LGDF cut would have on property tax levies. Mr. Norris recommended, via a motion, maintaining our current position on revenue cuts. President Frum seconded the motion, which passed unanimously. V. Legislative Update The Committee recommended opposition to the following bills: HB 5787, HB 6035, SB 3151, SB 3566, SB 3692, and HB 4663. Mr. Bury briefed the Committee on SB 935, which was the compromise red light camera legislation. VI. Legislative Days in Springfield Mr. Bury discussed preparations for the Legislative Days and provided the schedule of events. Trustee Preston recommended members choose the option of starting the lobbying at 9 a.m. VII. Other Business Alderman Hamen stated he was working on getting signature on a petition to place a referendum on the ballot to strip Cook County of home rule powers and requested support. He added the Conference may want to take a position on this proposed referendum. VIII. Next Meeting The committee set the next meeting date for Wednesday, April 21 ,2010 at 8:30 a.m. IX. Adjourn There being no further business, the meeting was adjourned at 9:40 a.m. Attachment B Proposed Modified Pension System for Article 3 and Article 4 Applies to Employees Hired After January 1, 2011 Annual Retirement Benefit Accrue 2.0% of final pay for first 25 years service, then 2.5% for each additional year with maximum 75% after 35 years of service Normal Retirement Benefit Upon the attainment of age 57 with at least 10 years of vesting service an employee may retire with an unreduced benefit. Early Retirement Benefit Upon the attainment of age 52 with at least 10 years of vesting service an employee may retire with a reduced benefit. The reduction is 6% per year for each year the early retirement age precedes age 57. Termination Benefit Deferred benefits are payable at age 62. Current formulas will apply. Employees that terminate prior to retirement eligibility must have completed at least ten (10) years of vesting service to be eligible. Final A verage Annual Salary The average of the employees highest consecutive 96 months out of the last 120 months of salary prior to separation of service, limited to the 2010 Taxable Wage Base indexed for the CPI-U. Disability Benefit Upon disability an employee may retire with an immediate unreduced benefit. The annual benefit is 50% times final annual salary. Survivor Benefit The initial survivor's annuity of an otherwise eligible survivor of a participant shall be in the amount of 662/3% of the participant's earned retirement annuity at the date of death and shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if the deceased member died while receiving a retirement annuity or (2) in other cases, on each January 1 occurring after the first anniversary of the commencement of the annuity. Each annual increase shall be calculated at 3% or one-half the annual increase in the consumer price index-u for the preceding calendar year, whichever is less, of the originally granted survivor's annuity. If the increase in the consumer price index-u for the preceding calendar year is zero or there is a decrease, then the annuity shall not be increased. Cost of Living Adjustment An annual cost ofliving adjustment of the lesser of3% or Yz of the CPI-U applied to the initial pension payment. The initial increase will begin commencing with the first payment coincident Attachment B Proposed Modified Pension System for Article 3 and Article 4 Applies to Employees Hired After January 1, 2011 with or next following attainment of age 62. Pre-retirement death benefit payments are indexed immediately. Status of2010 Bills House Bill 2465 POLICE AS ELECTED OFFICIALS (Rep. Verschoore / Sen. Link) Amends the Local Governmental Employees Political Rights Act. Adds that a member of a police department or a sheriffs department may be elected or appointed to public office and may serve in public office. Provides that if the member is not in uniform and not on duty, the member may solicit votes and campaign funds and challenge voters. Adds that a police officer or sheriffs deputy who is elected to the Illinois General Assembly shall, upon written application to the employer, be granted a leave of absence without compensation during his or her term of office. Status: Senate Elections Committee; Was recently resurrectedfrom last year NWMC POSITION: OPPOSE House Bill 3785 POLITICAL SIGNS (Rep. Tryon / Sen. Althoff) Amends the Illinois Municipal Code. Provides that a municipality may place reasonable restrictions on the size of outdoor political campaign signs on residential property. Provides that no municipality may prohibit the display of outdoor political campaign signs on residential property during any period of time (instead of during a specified period of time before a consolidated primary, general primary, consolidated, or general election). Limits the concurrent exercise of home rule powers. Passed Both Chambers House Bill 4945 LOCAL GOV'T JOINT INVESTMENTS (Rep. Mathias / Sen. Wilhelmi) 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. Senate Advanced to Third Reading NWMC POSITION: SUPPORT House Bill 4960 IMRF PENSION-ADMINISTRATIVE (Rep. Poe / Sen. Harmon) 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 plaintiffs 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 removed provisions concerning ballots for employee and annuitant trustees from the bill. Assigned to Senate Pensions and Investments Committee House Bill 5149 POLICE PENSION -BENEFICIARY TRUST (Rep. Reboletti) Amends the Downstate Police Article of the Illinois Pension Code. Provides that, if a special needs trust has been established for a disabled adult child, then the special needs trust may stand in lieu of the disabled adult child as a beneficiary for the purposes of the Article. Effective immediately. Assigned to Senate Pensions and Investments Committee NWMC POSITION: SUPPORT As of Friday, April 16, 2010 Status of2010 Bills House Bill 5154 PERSONNEL RECORD-EVALUATION (Rep. Chapa La Via / Sen. Lightford) Amends the Personnel Record Review Act. Provides that disclosure of performance evaluations under the Freedom of Information Act shall be prohibited. Effective immediately. Assigned to Senate Labor Committee NWMC POSITION: SUPPORT House Bill 5417 POLICE PENSION -INSUFFICIENT FUND (Rep. McCarthy / Sen. Raoul) Amends the Downstate Police Article of the Illinois Pension Code. Removes language that provides that beneficiaries shall be paid pro rata from the available funds if there is not sufficient money in the fund to pay the benefits under the Article. Effective immediately. Assigned to Senate Pensions and Investments Committee NWMC POSITION: OPPOSE House Bill 5430 EMS SYSTEMS ACT -CONTINUING ED (Rep. Feigenholtz) Amends the Emergency Medical Services (EMS) Systems Act. Provides that any Emergency Medical Technician whose license expired September 30, 2009, and who reapplies for licensure by January 1, 2011 shall have the license renewed once the individual completes the continuing education requirement and pays the licensure fee. Effective immediately. Assigned to Senate Licensed Activities Committee House Bill 5483 OPEN MEETINGS-MINUTES (Rep. Kosel) 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). Assigned to Senate Executive Committee House Bill 5668 FIREMEN'S DISCIPLINARY ACT (Rep. Dugan / Sen. Hutchinson) Amends the Firemen's Disciplinary Act. Adds to the definition of "fireman" a person who is a paramedic employed in a unit of local government's fire service and an EMT employed in a unit of local government's fire service. House Committee Amendment adds to the definition of "fireman" a person who is a paramedic employed by a unit of local government (instead of a unit of local government's fire service) and an EMT employed by a unit of local government (instead of a unit of local government's fire service). Effective immediately. Assigned to Senate Labor Committee NWMC POSITION: OPPOSE House Bill 5873 POLICE AND FIREFIGHTER PENSION - DIVISION REPORT (Rep. Flider / Sen. Link) Amends the Downstate Police and Downstate Fire Articles of the Illinois Pension Code. Provides that, upon issuing the report to the municipality, downstate police and downstate fire pension funds shall provide certain reports on the pension fund to the Department of Insurance. Requires the Department to compile these reports on an annual basis into a comprehensive report and make the report available to the General Assembly and the Governor before January 1, 2011 and before January 1 of each subsequent year. Effective immediately. Assigned to Senate Pensions and Investments Committee As of Friday, April 16, 2010 Status of2010 Bills House Bill 6038 INCOME TAX-HOUSING CREDIT -EXTEND (Rep. Turner) Amends the Illinois Income Tax Act. Extends the credit for affordable housing donations through the taxable year ending on December 31, 2016 (instead of 20 11). Effective immediately. Assigned to Senate Revenue Committee NWMC POSITION: SUPPORT House Bill 6148 DUI ADMINISTRATIVE SANCTIONS (Rep. Biggins / Sen. Cronin) . Amends the Illinois Vehicle Code and Clerks of the Court Act. Increases the amount of an administrative sanction imposed in addition to other penalties and liabilities upon a person who is found guilty of or pleads guilty to violating the DUI provision of the Illinois Vehicle Code from $500 to $750. Makes corresponding changes in the Clerks of the Court Act. Makes technical changes in provisions concerning disbursement of money collected by circuit clerks of the court. Effective January 1, 2011. Senate Assignments Committee House Bill 6151 VEHICLE CODE-MINIMUM TRAFFIC FINES (Rep. Biggins / Sen. Lightford) Amends the Illinois Vehicle Code. Provides that a person found guilty of or pleading guilty to, including any person receiving a disposition of court supervision, a violation of this Code or a similar provision of a local ordinance shall pay, at a minimum, a fine or penalty, inclusive of costs, equal to the amount of bail required by the Illinois Supreme Court Rules. Provides that this amendatory Act shall not limit the discretion of the court to impose a fine or penalty greater than the minimum. Provides that a person found guilty of or pleading guilty to, including any person receiving a disposition of court supervision, a violation of this Code or a similar provision of a local ordinance shall pay, at a minimum, "a fine that may not be waived" (rather than "a fine or penalty, inclusive of costs", as provided by the introduced bill) equal to the amount of bail required by the Illinois Supreme Court Rules. Effective January I, 2011. Senate Advanced to Second Reading House Bill 6178 COUNTY JAIL-MEDICAL EXPENSES (Rep. Brauer / Sen. Bomke) Amends the County Jail Act. Provides that an arresting authority shall be responsible for any qualified (rather than incurred) medical expenses relating to the arrestee until such time as the arrestee is placed in the custody of the sheriff. Effective immediately. Senate Advanced to Second Reading Senate Bill 2523 BUSINESS DISTRICT DEVELOPMENT BONDS (Sen. Clayborne, Jr. / Rep. Holbrook) Amends the Illinois Municipal Code with respect to the "Business District Development and Redevelopment Law". Authorizes the issuance of bonds without referendum. Specifies notice requirements for a public hearing on a proposed business district plan. Sets forth the procedure for amending a business district plan. Specifies the requirements for a municipality to issue bonds for the payment or reimbursement of business district project costs. Provides that changes to the Law apply only to new business districts, unless an existing district is conformed by ordinance. Effective immediate ly. Assigned to House Revenue and Finance Committee As of Friday, April 16, 2010 Status of 2010 Bills Senate Bill 2530 POLICE DISTRICT OPT OUT (Sen. Forby) Amends the Illinois Municipal Code. Authorizes a municipality to opt out of a police district by an affirmative vote of a majority of the members of the municipality's corporate authority. Provides that a municipality that opts out of a police district may later opt in to the district by an affirmative vote of a majority of the members of the corporate authority. Effective immediately. Amended to be a shell bill. Arrived in House - No sponsor Senate Bill 2549 PLUMBING-RAINWATER SYSTEMS (Sen. Garrett / Rep. McCarthy) 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 March 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. Effective immediately. House Rules Committee NWMC POSITION: SUPPORT Senate Bill 2612 UTILITIES-LOCAL TAX AUDITS (Sen. Althoff / Rep. DeLuca) Amends the Electricity Infrastructure Maintenance Fee Law and the Illinois Municipal Code. Authorizes municipalities that impose certain taxes or fees on or collected by public utilities to conduct audits of those utilities to determine the accuracy of the taxes or fees paid to the municipality. Sets forth procedures under which a municipality may collect information from a public utility that is necessary to perform an audit. Sets forth procedures concerning the audit findings, liability for errors, penalties, confidentiality, and exemptions. Provides that a municipality may audit a community antenna television system operator franchised by the municipality to provide video services. Sets forth the procedures concerning the audit. Amends the Local Government Taxpayers' Bill of Rights Act. Limits the authority of municipalities (including home rule municipalities) to impose penalties with respect to certain taxes imposed under the Illinois Municipal Code or with respect to the municipal electricity infrastructure maintenance fee. Amends the Counties Code. Provides that a county may audit a community antenna television system operator franchised by the county to provide video services. Sets forth the procedures concerning the audit, the audit findings, liability for errors, and confidentiality. Contains other provisions. Further amends the Counties Code and the Illinois Municipal Code. Adds statewide franchise holders under specified circumstances to the definition of "CATV operators". Provides that a county or municipality that has imposed a franchise fee under specified circumstances may, subject to the limitations and protections stated in the Local Government Taxpayers' Bill of Rights Act (instead of the Local Government Taxpayers' Bill of Rights Act and certain provisions of the Cable and Video Customer Protection Law), request information from a CATV operator to perform an audit. Effective immediately. Assigned to House Public Utilities Committee Senate Bill 2614 LOCAL IMPROVEMENTS NOTIFICATION (Sen. Koehler / Rep. Fortner) Amends the Illinois Municipal Code. Provides that if the estimate of the cost for a local improvement exceeds $1,000,000 (now, $200,000), exclusive of the amount to be paid for land to be taken or damaged, the proposed ordinance pertaining to the local improvement shall be (i) published in accordance with the usual procedure or (ii) posted on the municipality's Internet website at least 10 As of Friday, April 16, 2010 Status of2010 Bills days before the corporate authorities of the municipality take any action on the ordinance. Effective immediately. House Advanced to Third Reading Senate Bill 2793 POLICE PENSION -DISABILITY REINSTATEMENT (Sen. Jacobs) Amends the Downstate Police Article of the Illinois Pension Code. In provisions concerning recovery from disability, provides that the police officer shall report to the chief of the department, who shall thereupon order immediate reinstatement into active service, and the municipality shall immediately return the police officer to its payroll, in the same rank or grade held at the date he or she was placed on disability pension. Provides that, if the police officer must file a civil action against the municipality to enforce his or her mandated return to payroll, then the police officer is entitled to recovery of reasonable court costs and attorney's fees. Requires implementation without reimbursement. Effective immediately. Senate Third Reading NWMC POSITION: OPPOSE Senate Bill 3070 EPA-CARCINOGENIC COMPOUNDS (Sen. Althoff / Rep. Franks) Amends the Environmental Protection Act. Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. Defines "carcinogen", "community water system", "finished water", "maximum contaminant level", "method detection limit", and "volatile organic compound". Effective immediately. Assigned to House Environment and Energy Committee Senate Bill 3134 NON-HOME RULE USE/OCCUPATION TAX PROCEEDS (Sen. Harmon / Rep. Yarbrough) Amends the Illinois Municipal Code concerning the non-home rule use and occupation taxes. Provides that if a tax is approved by referendum on or after the effective date of the amendatory Act, the corporate authorities ofa non-home rule municipality may, until December 31, 2015, use the proceeds of the tax for expenditure on municipal operations, in addition to or in lieu of any expenditure on public infrastructure or for property tax relief. Effective immediately. Assigned to House Cities and Villages Committee NWMC POSITION: SUPPORT Senate Bill 3151 TIF INFLATION ADJUSTMENTS (Sen. Link) Provides that, beginning January 1, 2011, the initial equalized assessed value of all taxable real property within the economic development project area must be increased over the initial equalized assessed value of the previous year by the annual rate of increase, for the previous calendar year, of the Consumer Price Index for All Urban Consumers for all items, published by the United States Bureau of Labor Statistics. Senate Third Reading As of Friday, April 16, 2010 Status of2010 Bills Senate Bill 3313 CONFLICT OF INTEREST (Sen. Bond I Rep. Beiser) Amends the Public Officer Prohibited Activities Act and the Illinois Municipal Code. Provides that a municipal officer shall not be deemed interested in a company if the officer owns or holds an interest of I % or less, not in the officer's individual name but through a mutual fund or "exchange-traded fund", in a company, that company is involved in the transaction of business with the municipality, and that company's stock is traded on a nationally recognized securities market. Effective immediately. Assigned to House Cities and Villages Committee Senate Bill 3482 PUBLIC-PRIVATE PARTNERSHIP (Sen. Steans) Creates the Public-Private Partnerships for Transportation Act. Provides that the Act is intended to promote public-private partnerships for transportation by authorizing the Illinois Department of Transportation (the Department) and the Illinois State Toll Highway Authority (the Authority) to enter into public-private agreements related to the development, operation, and financing of transportation facilities and to encourage the practice of congestion pricing in connection with toll highways, pursuant to which higher toll rates are charged during times or in locations of most congestion. Grants to the Department and the Authority the necessary powers for the development, financing, and operation of transportation projects through public-private agreements with one or more private entities. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois, Illinois Finance Authority Act, Illinois Procurement Code, Public Construction Bond Act, Public Works Preference Act, Employment of Illinois Workers on Public Works Act, Business Enterprise for Minorities, Females, and Persons with Disabilities Act, Retailers' Occupation Tax Act, Property Tax Code, Toll Highway Act, and Prevailing Wage Act to implement the new Act. Amends the State Finance Act to create the Public-Private Partnerships for Transportation Fund and provides that all money in the fund shall be used to supplement funding, as directed in the appropriation, for transportation projects in the State. Makes other changes. Provides that the net proceeds arising out of a transportation project or public-private agreement undertaken by the Illinois State Toll Highway Authority (the Authority) pursuant to the new Act shall be deposited into the Illinois State Toll Highway Authority Fund and shall be used only as authorized by the Toll Highway Act. Provides that Any electronic toll collection system used on a toll highway, bridge, or tunnel as part of a transportation project must be compatible with the electronic toll collection system used by the Authority. Provides that the Authority is authorized to construct, operate, and maintain any electronic toll collection system used on a toll highway, bridge, or tunnel as part of a transportation project pursuant to an agreement with the transportation agency or the contractor responsible for the transportation project. Makes other changes. Effective immediately. Senate Third Reading Senate Bill 3566 ABUSIVE WORK ENVIRONMENT ACT (Sen. Delgado I Rep. Washington) Creates the Abusive Work Environment Act, which allows an employee who feels they have been subjected to: "repeated infliction of verbal abuse such as the use of derogatory remarks, insults, and epithets; verbal or physical conduct of a threatening, intimidating, or humiliating nature; the sabotage or undermining of an employee's work performance; or attempts to exploit an employee's known psychological or physical vulnerability. A single act normally will not constitute abusive conduct, but an especially severe and egregious act may meet this standard." SB 3566 would allow the individual to sue both the person who is responsible for the abusive environment AND the employer (who could be liable for up to $25,000 in damages plus legal fees). Assigned to House Labor Committee NWMC POSITION: OPPOSE As of Friday, April 16, 2010 Status of2010 Bills Senate Bill 3692 WASTE COLLECTION FRANCmSE (Sen. Harmon / Rep. Joyce) Amends the Illinois Municipal Code. Provides that if a municipality with a population of less than 1,000,000 has never awarded a franchise to a private entity for the collection of waste from non- residential locations, then the municipality may not award a franchise without issuing a request for proposal. Specifies the requirements for issuing a request for proposal and awarding a franchise. Provides that the franchise fee may not exceed $25,000. Amends the State Mandates Act to require implementation without reimbursement. Adds that a municipality may not award a franchise without first (i) allowing at least 30 days for proposals to be submitted; (ii) holding at least one public hearing on whether to award a franchise to a proposed franchisee; and (iii) providing at least 30 days' public notice of the hearing. Effective immediately. House Advanced to Second Reading Senate Bill 3722 FIRE MARSHAL-UNPROTECTED AREAS (Sen. Frerichs / Rep. Smith) Amends the Fire Protection of Unprotected Area Act. Provides that all unprotected areas of unincorporated portions of a county (instead of a county of less than 500,000 inhabitants) shall be eligible for assignment by the State Fire Marshal of fire protection coverage from a fire protection jurisdiction. Changes "fire protection district" to "fire protection jurisdiction". Provides that a "fire protection jurisdiction" includes fire departments of any unit of local government. Adds that property owners of an unprotected area may request that the State Fire Marshal arrange for fire protection coverage for the unprotected area from specified fire protection jurisdictions. Provides that if fire protection coverage services are provided to an unprotected area by a municipal fire department, then the persons requesting the services shall pay to the municipality for providing fire protection an amount assigned by the municipality. Adds that the Fire Marshal may not assign an unprotected area to a municipal fire department unless an ordinance or resolution has been approved by the corporate authorities of the municipality agreeing to the assignment. Effective immediately. Assigned to House Fire Protection Committee As of Friday, Apri116, 2010 Illinois Municipal Retirelllent Fund Suite 500 2211 York Road Oak Brook IL 60523-2337 Member Services Representatives 1-BOO-ASK-IMRF www.imrf.org GENERAL MEMORANDUM Number: 599 Date: Aprill5,2010 To: All Authorized Agents Subject: Public Act 96-0889 On April 14,20 I 0, the governor signed Senate Bill 1946 (Public Act 96-0889). This new law creates a second tier of IMRF benefits for members who are first enrolled in IMRF's Regular Plan on or after January 1,20 II. The enclosed chart provides a comparison between Regular plan Tier I and Tier 2. This new law does not affect members currently participating in IMRF or members who ever participated in IMRF or in a reciprocal system prior to the effective date of this legislation. These members remain in Tier I. This new law made no changes to benefits payable to current or future members of IMRF's Sheriff's Law Enforcement Personnel (SLEP) plan. A separate memorandum will be sent to counties regarding changes to the Elected County Official plan. Estimated impact of Tier 2 on employer contribution rates Our actuaries estimate that the initial normal cost of the Regular Plan Tier 2 will be 4.67%, a 38.4% decrease from the current cost of 7.58()L Over time, this reduction will increase. For example, our actuaries estimate that by 2021, the blended normal cost for both Tier I and Tier 2 on an IMRF-wide basis will be 5.95%, a 21.YJ{ decrease from the current normal cost of 7.58%. The impact of Tier 2 on an individual employer's rate will depend on the number of Tier 2 members in its workforce. Employers will see the impact of Tier 2 beginning with their 2013 rates. The 2013 Regular plan rate will be a blended rate covering both Tier I and Tier 2 members. Analysis continues IMRF continues to analyze this legislation and work with our sister reciprocal systems to ensure consistent interpretation. IMRF will be updating our communications to reflect this new Tier 2. There has been discussion that the General Assembly may work on a "trailer bill" that could include technical corrections, which may impact the current provisions of this new tier. Questions? If you have any questions, please call an IMRF Member Services Representative at 1-800-ASK-IMRF (1-800-275-4673) 7:30 A.M. to 5:30 P.M., Monday through Friday. Sincerely, ~~~ Louis W. Kosiba Executive Director IJ Ol co CD N o - N -l ::T CD - 2- 0 ~. :J :s::: C C/) ... 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