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It’s just a bill

Thursday, Feb 1, 2024 - Posted by Isabel Miller

* HB4668 from Rep. Daniel Didech

Amends the Election Code. Provides that, except during the 27 days immediately preceding any election, the State Board of Elections may furnish electronic voter registration records at a reasonable cost to any person who makes a sworn affidavit. Sets forth restrictions on the information that may be disclosed. Provides that voter registration records or data shall be limited to bona fide election purposes and shall not be used for any personal, private, or commercial purpose, including, but not limited to, the intimidation, threat, or deception of any person or the advertising, solicitation, sale, or marketing of products or services. Sets forth penalties for violations of these provisions. Makes conforming changes.

* SB2971 from Sen. Robert Peters

Amends the Department of Children and Family Services Powers Law. Repeals a provision that grants the Department of Children and Family Services the power to appoint members of a police and security force to act as peace officers and have all powers possessed by police officers in cities and sheriffs under certain circumstances. Effective immediately.

* WGLT

Preserving family farms is the focus of two new bills filed with the Illinois General Assembly that seek to update language in the Illinois Estate and Generation-Skipping Transfer Tax Act.

Democratic State Sen. Dave Koehler and State Rep. Sharon Chung last week filed identical pieces of legislation called the Family Farm Preservation Act in the House [4600] and Senate [2921] aimed at raising the exemption for family farm estates from $4 million to $6 million.

At a news conference Wednesday, both lawmakers said the change is meant to reflect the growing divide between farm estate valuations and how much money a farm actually makes. The disparity comes from the valuation of the farm estate that looks at the market price per acre of land — and not the income generated by the land.

About 96% of Illinois farms are family-owned. Data from the Illinois Department of Agriculture puts the estimated average size of farms at around 375 acres, although that figure does include hobby farms.

Farm operations around that size could pull in an income ranging from below or around $100,000 per year. But if that farm becomes an estate due to the death of its owner and operator, it could be taxed up to “almost $5 million,” said Koheler, leaving the remaining family members to figure out how to pay a sudden and large tax bill.

* Rep. Martin Moylan filed HB4655 yesterday

Creates the Megaproject Sports and Entertainment Facility Admission Tax Act. Imposes a tax of $3 for each individual admitted to a sports and entertainment facility located on megaproject property. Contains provisions concerning the distribution of the proceeds of the tax. Amends the Property Tax Code. Provides that certain property may be certified by the Department of Revenue as containing a megaproject. Provides that a “megaproject” is a project with respect to which a company makes a specified investment during a specified investment period. Provides that the Department of Revenue may issue a megaproject certificate only for a megaproject in the Village of Arlington Heights. Provides that the megaproject property is eligible for an assessment freeze. Provides that megaproject property may be granted an abatement. Provides that a company that operates a megaproject shall enter into an agreement with the municipality in which the project is located to make certain special payments. Creates the Arlington Megaproject Oversight Board. Provides that the incentive agreement must be approved by resolution of the Arlington Megaproject Oversight Board. Amends the State Finance Act making conforming changes. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers’ Occupation Tax Act. Provides that qualified tangible personal property used in the construction or operation of a megaproject is exempt from the taxes imposed under those Acts. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, the Retailers’ Occupation Tax Act, the Hotel Operators’ Occupation Tax Act, and the Liquor Control Act of 1934. Provides that certain tax proceeds from megaproject property shall be deposited into the Arlington Megaproject Infrastructure Fund. Makes other changes. Effective June 1, 2024.

* HB4658 from Rep. Curtis Tarver

Amends the Courses of Study Article of the School Code. Instead of requiring consumer education to be taught and studied, provides that, beginning with pupils entering the 9th grade in the 2027-2028 school year, pupils in the public schools in grade 11 or 12 shall be taught and be required to complete a stand-alone, one-semester or equivalent course covering personal finance. Sets forth what topics must be included. Provides that the State Board of Education shall devise or approve the personal finance education standards for the course. Provides that the school board shall oversee implementation of the course for each high school student prior to graduation. Provides that the State Board of Education shall establish a Financial Literacy Implementation Committee no later than June 30, 2024 to make recommendations to the State Superintendent of Education concerning the implementation of the course for each high school student prior to graduation. Sets forth provisions concerning Committee members, meetings, and support. Provides that the State Board of Education shall present regular and timely reports to the Committee regarding the implementation of the course. Requires a pupil to successfully complete a course on personal finance education as a prerequisite to receiving a high school diploma (rather than allowing a financial literacy course to be included as part of the social studies requirement). Makes other changes. Effective immediately.

* SB2932 filed by Sen. Steve Stadelman

Amends the Election Code. Provides that it is unlawful for any person to intimidate, threaten, coerce, use violence or force, or attempt to intimidate, threaten, coerce, or use violence or force against an election worker with the specific intent to: (1) impede or interfere with that election worker in the performance or discharge of his or her election-related duties; (2) induce that election worker to violate or refuse to perform his or her election-related duties or violate or refuse to comply with any law regulating elections; or (3) retaliate against that election worker for the performance of his or her election-related official duties. Provides that any person who violates the provision is guilty of a petty offense and is subject to a fine of not more than $1,000

* Sen. Stadelman also filed SB2935

Amends the Mobile Landlord and Tenant Act. Requires a mobile manufactured park owner to give written notice by first class mail or personal delivery to each mobile home in the park that the park owner intends to discontinue the use of the land as a park or to sell land if the transaction or sale will discontinue the use of the land as a park. Provides that the notice must be mailed or delivered at least 120 days before the discontinuance of the park or sale. Allows an association that represents 33% or more of the units in the park to notify the park owner that the association is interested in purchasing the mobile park. Allows the association 365 days after this notice is given to purchase the park as outlined in the Act. Provides that if the association and the park owner cannot agree upon a purchase price, the association shall have the right to purchase the property: (i) if the association matches the essential provisions of any existing bona fide offer to purchase the park made by another potential purchaser that the park owner is prepared to accept; or (ii) if there is no such offer, at a purchase price to be established by an appraiser chosen by the association and the park owner. Provides that if the 2 parties cannot agree upon one appraiser, either party may notify the other, in writing, of such disagreement, and the association shall choose an appraiser, the park owner shall choose an appraiser, and the 2 appraisers shall choose a third appraiser, and the 3 appraisers shall establish a value of the park. Voids any rights under this Act if no agreement for a sale signed by the association and the park owner has been filed upon the land records, or if the association has not filed a certified statement to purchase the park at the appraised value.

* SB2938 from Sen. Laura Fine

Amends the Mosquito Abatement District Act. Provides that the board of trustees of a mosquito abatement district shall have power to take all necessary or proper steps for the surveillance, monitoring, and extermination of mosquitoes, flies, ticks, and vectors within the district (rather than for the extermination of mosquitoes, files and other insects within the district), and, subject to the paramount control of the municipal or other public authorities, to abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, ticks, and vectors (rather than mosquitoes and other insects) within the district. Provides that a district may annex territory by ordinance whenever a mosquito abatement district operating within territory predominantly in a municipality or 2 or more municipalities that would become coterminous or nearly coterminous with the municipality or municipalities upon the annexation of additional territory within the municipality or municipalities (rather than whenever a mosquito abatement district contains over 90% of territory of a specific city or village, the mosquito abatement district may annex additional adjacent and contiguous territory within that city or village). Requires the ordinance to describe the territory annexed together with an accurate map of the annexed territory and that, if the ordinance becomes effective 30 days after the date of publication or is approved by referendum, a copy of the ordinance shall be filed in the offices of the county clerk and recorder of each county in which the annexation takes place. Removes a prohibition to annexing territory until more than one year after territory has first been included in a municipality unless the territory annexed is 50 acres or less. Makes other changes.

* Sen. Tom Bennett filed SB2972

Amends the Illinois Prescribed Burning Act. Establishes the procedures required before conducting a prescribed burning. Provides that no landowner, agent of the landowner, or certified prescribed burn manager shall be liable for damage, injury, or loss caused by a prescribed burning or smoke resulting from a prescribed burning unless the landowner, agent of the landowner, or certified prescribed burn manager is proven to be grossly negligent. Effective immediately.

       

25 Comments
  1. - Just Me 2 - Thursday, Feb 1, 24 @ 10:10 am:

    I can’t imagine any problem with providing people’s legal name, address, date of birth, and telephone number to anyone who reasonably asks for it. Nope, no concern at all.


  2. - Google Is Your Friend - Thursday, Feb 1, 24 @ 10:14 am:

    - Just Me 2 - Thursday, Feb 1, 24 @ 10:10 am:

    Didn’t actually read the bill did you?


  3. - H-W - Thursday, Feb 1, 24 @ 10:21 am:

    @ Just Me 2

    And whether they are registered to vote (by default). Nope. No problem there, letting anyone use existing registration records to figure out who is not registered to vote based on the latest, most accurate registration data.

    I am not sure why this information would need to be public domain, other than people wanting to track down non-registered voters. That seems problematic to me.


  4. - twowaystreet - Thursday, Feb 1, 24 @ 10:22 am:

    ===I can’t imagine any problem with providing people’s legal name, address, date of birth, and telephone number to anyone who reasonably asks for it.===

    It’s a good thing that bill doesn’t exist.


  5. - NotRich - Thursday, Feb 1, 24 @ 10:38 am:

    Nobody told Marty the Bears ain’t leaving Chicago..


  6. - cermak_rd - Thursday, Feb 1, 24 @ 10:40 am:

    What kind of information is shared? If it is my name, address, phone etc. I’d rather not have that shared with anyone than the election workers that mails me my ballot and the one that accepts it. Why would anyone not already in state government need that info?


  7. - vern - Thursday, Feb 1, 24 @ 11:00 am:

    === name, address, phone etc ===

    That information is already available. How do you think parties and campaigns pick which doors to knock on, where to send mail, etc?


  8. - Anyone Remember - Thursday, Feb 1, 24 @ 11:22 am:

    Family Farms & Estate Taxes, would like to see the homework behind those bills. The late Iowa State University professor / economist / attorney Neil Harl exposed nearly all horror stories about the “Estate Tax” as hogwash.


  9. - Huh? - Thursday, Feb 1, 24 @ 11:23 am:

    “may issue a megaproject certificate only for a megaproject in the Village of Arlington Heights”

    There is the bears public funding …


  10. - charles in charge - Thursday, Feb 1, 24 @ 11:25 am:

    “. . . a provision that grants the Department of Children and Family Services the power to appoint members of a police and security force to act as peace officers and have all powers possessed by police officers . . .”

    YIKES.


  11. - Just Me 2 - Thursday, Feb 1, 24 @ 11:43 am:

    Google Is Your Friend - I actually did click on the text of the bill and came across this nugget:

    “…to any person who makes a sworn affidavit that the list will be used solely for bona fide election purposes and shall not be used for commercial purposes.”

    Since scammers and identify thieves never lie I guess we have nothing to worry about.


  12. - Donnie Elgin - Thursday, Feb 1, 24 @ 11:44 am:

    “I can’t imagine any problem with providing people’s legal name, address, date of birth, and telephone number to anyone who reasonably asks for it. Nope, no concern at all”

    Established political organizations have long had access (for a fee) to that data.


  13. - H-W - Thursday, Feb 1, 24 @ 11:56 am:

    I didn’t read the bill either - just the synopsis that suggests this might be new changes opening up access. My bad.


  14. - thechampaignlife - Thursday, Feb 1, 24 @ 12:10 pm:

    ===raising the exemption for family farm estates from $4 million to $6 million===

    ===average size of farms at around 375 acres===

    ===could be taxed up to “almost $5 million,”===

    The estate tax is graduated, so it only applies to the amount above $4M. The average value per acre is $9300(^), so an average 375 acre farm would have an average value of about $3.5M and result in no estate tax.

    Double those numbers ($18600 per acre, 750 acres) and that still only amounts to a tax of $1.5M(*) on a $14M farm (10.7%). So I am not sure where they are getting their “almost $5 million” figure. Also, if the wealth transfer happens before death, it would count as a gift which has no tax in Illinois and a $12.9M federal exemption. So, it can either be transferred prior to death (retaining $4M to use upon death), or the heir can sell off 11% and “only” inherit $12.5M on an estate valued at quadruple the average ($14M).

    Sources:
    ^https://farmdocdaily.illinois.edu/2023/08/illinois-farm-real-estate-values-continues-increase-per-acre-for-2023.html
    *https://www.illinoisattorneygeneral.gov/estate-taxes/2013-2022-estate-calculator


  15. - Rich Miller - Thursday, Feb 1, 24 @ 12:11 pm:

    === The average value per acre is $9300(^), so an average 375 acre farm would have an average value of about $3.5M and result in no estate tax.===

    Now include machinery.


  16. - H-W - Thursday, Feb 1, 24 @ 12:38 pm:

    I have a lot of friends who are family farmers out here in West Central Illinois. I can honestly say that none of their children would survive long, if when they die their estates were taxed for values over $6M.

    The farmers I know personally (anecdote, I know) are not living high on the hog. Except for a new pickup truck occasionally, they and their children are good steward of the land, and our shared economy. Keeping family farms in families and in Illinois is a burden we all need to help share, especially after the farm crisis of 1984, the economic disaster associated with Sept. 11, 2001, and the effects of COVID on their supply chain.


  17. - Hannibal Lecter - Thursday, Feb 1, 24 @ 12:39 pm:

    I can see who actually works on campaigns and who doesn’t based on their response to the Didich bill.

    This types of information is already provided for most voters. It seems that this bill is designed to provide that same information for individuals that had recently registered to vote so that campaigns can actually reach out to those people. This bill does not include any additional information than what is already made available.


  18. - Excitable Boy - Thursday, Feb 1, 24 @ 12:47 pm:

    - Now include machinery. -

    My heart fails to break for anyone that inherits an extremely valuable asset through no action other than being born and has to pay a tax on it.


  19. - Give Us Barabbas - Thursday, Feb 1, 24 @ 12:54 pm:

    The old joke goes: a farmer wins a hundred million buck lottery and is asked what his plans are. “I guess I‘ll keep farming until the money’s gone.”

    It’s a capital intensive business with small margins after covering costs. Which is why you have fewer centennial farm families every year. The trend is corporate ownership with the farmers all just tenants.


  20. - Dotnonymous x - Thursday, Feb 1, 24 @ 1:09 pm:

    The trend is corporate ownership with the farmers all just…sharecroppers.


  21. - cermak_rd - Thursday, Feb 1, 24 @ 1:13 pm:

    There’s a farmer near Monmouth who is putting a solar farm on his farm. IMO that type of activity should also be protected under this tax sheltering system. It’s also for him a generational farm and he’s simply growing a different kind of crop but one still quite useful to IL.


  22. - Former ILSIP - Thursday, Feb 1, 24 @ 1:25 pm:

    The current low threshold for estate taxes ensure that family farms are eventually bought out by ADM/Cargill/etc. Is this what you want for Illinois? We’ve had this conversation on the blog before.

    @ Excitable Boy You do realize that the necessary machinery for running the farm has already been taxed multiple times over before being inherited by the next generation, right? Folks “inherit” a combine/etc. that they have likely worked on and used in their fields for years while being officially owned by their parents/grandparents, who paid taxes on it when they purchased it with money that had also already been taxed.


  23. - ANON - Thursday, Feb 1, 24 @ 1:41 pm:

    Illinois not aligning their estate tax deduction with the federal exemption is again making Illinois an outlier and is resulting in many well off, but not rich Illinoisans moving their residency to states that either have the same exemption as the feds or no income tax at all. Keeping these individuals residing in the state is very important. We are importing lower income residents and exporting higher income residents over this exemption issue. Crazy.


  24. - twowaystreet - Thursday, Feb 1, 24 @ 2:36 pm:

    ===I actually did click on the text of the bill and came across this nugget:==

    You didn’t read the bill, you read one part. It goes on to say:

    Electronic voter registration records furnished to members of the public shall not disclose the email address, birth day, birth month, Illinois driver’s license number, Illinois identification card number, street number, or social security number of any voter, but shall disclose birth year.


  25. - Benniefly2 - Thursday, Feb 1, 24 @ 3:32 pm:

    It would be hysterical if that bears bill passed and then the gov correctly line itemed out the bit about the stadium property and surrounding areas being elligible for an assessment freeze.


Sorry, comments for this post are now closed.


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