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By Barton Lorimor Email | @bartonlorimor
* The one bill Gov. Rauner acted on that got the most attention was the legislative COLA freeze…
The hike was supposed to be automatic because of court decisions and a 2014 law.
But Rauner, a Republican, battered the Legislature for weeks in mid-summer over the 2 percent cost-of-living adjustment for lawmakers who haven’t seen an increase in eight years.
But there were a few other fairly interesting measures the Governor also acted on, including some vetoes. Let’s go over them together, shall we?
The bill numbers and actions taken were announced via press release yesterday. The synopsis is straight from the General Assembly’s website.
Bill No.: HB 228
An Act Concerning State Government
Action: Signed
Effective Date: January 1, 2016
Amends the General Assembly Organization Act. Provides that until 4 years after the effective date of the amendatory Act, the General Assembly shall not enact any law creating any new unit of local government, including, but not limited to, the division of existing units of local government. Provides that the amendatory Act does not apply to the creation of a new unit of local government from the consolidation of 2 or more pre-existing units of local government.
Bill No.: HB2644
An Act Concerning Civil Law
Action: Veto
Current law permits condominium owners, acting by approval of 75% of unit owners, to limit or restrict certain rights of their board with respect to disputes and legal actions. This bill would remove that right and automatically void any contrary provision in a condominium instrument. This bill is an unnecessary restriction on the rights of condominium owners with respect to their property.
Bill No.: HB3104
An Act Concerning Local Government
Action: Signed
Effective Date: Immediate
Amends the Counties Code. Provides that appropriations required to meet an immediate emergency and certain transfers of appropriations exceeding the budget may be made with a two-thirds vote of a county board….provides that transfers of appropriations may be made without a vote of the board except in transfers that affect personnel and capital which require a two-thirds vote. Further provides that such transfers may be made only if the total amount appropriated for the fund is not affected.
Bill No.: HB3231
An Act Concerning Animals
Action: Signed
Effective Date: January 1, 2016
Amends the Humane Care for Animals Act. Provides that, in addition to any other penalty provided by law, a person who is convicted of a specified cruel treatment of animals violation upon a companion animal in the presence of a child shall be subject to a fine of $250 and ordered to perform community service for not less than 100 hours.
Bill No.: HB 3428
An Act Concerning Education
Action: Signed
Effective Date: Immediate
The Daily Herald also had a write-up on this bill.
Amends the College and Career Success for All Students Act. Provides that beginning with the 2016-2017 academic year, scores of 3, 4, and 5 on the College Board Advanced Placement examinations shall be accepted for credit to satisfy degree requirements by all public institutions of higher education. Provides that each institution of higher education shall determine for each test whether credit will be granted for electives, general education requirements, or major requirements and the Advanced Placement scores required to grant credit for those purposes. Provides that by the conclusion of the 2019-2020 academic year, the Board of Higher Education shall analyze the Advanced Placement examination score course granting policy of each institution of higher education and the research used by each institution in determining the level of credit and the number of credits provided for the Advanced Placement scores and file a report that includes findings and recommendations to the General Assembly and the Governor. Provides that each institution of higher education shall publish its updated Advanced Placement examination score course granting policy on its Internet website before the beginning of the 2016-2017 academic year. Effective immediately.
Bill No.: SB 816
An Act Concerning Local Government
Action: Amendatory Veto
Note: Amendatory veto message below.
Illinois currently has almost 7,000 units of local government, far more than any state in the country. I strongly support the authority of units of local government to take initiative to dissolve and consolidate.
In one particular circumstance, however, this authority is hampering the DuPage Water Commission’s ability to effectively serve its constituents. The Commission was created and funded by voluntary participating municipalities. Because the Commission can be effectively dissolved by those municipalities, the additional authority conferred by the 2014 law is not necessary in the limited case of the Commission.
Bill No.: SB 1344
An Act Concerning Civil Law
Action: Veto
Note: Veto message is below
Under current law, a common interest community association may initiate the process to incorporate as a municipality upon approval by two-thirds of its members. Senate Bill 1344 would lower that threshold from two-thirds to “51%” of the members.
The decision to incorporate as a municipality, which implicates a range of tax and local governance policies, should not be taken lightly. Illinois has almost 7,000 units of local government, more than any state in country. As such, we should maintain the higher threshold for initiating the incorporation process.
Bill No.: SB 1360
An Act Concerning Business
Action: Veto
Note: Veto message is below.
Under current law, a business that operates with an assumed name is required to register that name with the Secretary of State and each county in which the business operates. The business is also required to renew that registration with the Secretary of State – and pay a renewal fee to the State – periodically. This bill would require the business to also renew its registration with Cook County, but no other county, every five years and pay a renewal fee to Cook County.
This new mandate and fee would apply mostly to small businesses. The economic climate in Illinois is already detrimental to business, particularly small business. Over and over, we hear small businesses report that they are overburdened with regulations and fees, which hamper their ability to expand and impose barriers to entry.
Got all that?
posted by Rich Miller
Friday, Aug 14, 15 @ 11:49 am
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Rauner is for consolidating government, except in the GOP bastion of DuPage County.
Got it, thanks Barton.
Comment by Juvenal Friday, Aug 14, 15 @ 12:22 pm
These actions make sense, especially the assumed business name veto.
Comment by Keyser Soze Friday, Aug 14, 15 @ 12:30 pm
Actually, the governor got it wrong on SB 1360, the assumed names. Corporations register with the state. Small businesses register with counties–entirely difference systems. If Gov. Rauner thinks small businesses should register with the secretary of state, he would be sticking them with a big fee hike.
Comment by Factchecker Friday, Aug 14, 15 @ 12:40 pm
“Corporations register with the state. Small businesses register with counties–entirely difference systems. If Gov. Rauner thinks small businesses should register with the secretary of state, he would be sticking them with a big fee hike. ”
Actually, no. You’re confusing incorporated businesses with sole proprietors with unincorporated d/b/a’s. The former use assumed names which requires a specific form to be filled out with the IL Sec of State and registered in the county. the latter does not.
For example, I might own “Joe’s Restaurant, LLC” or Joe’s Restaurant, Inc.” both of which are ’small businesses’ but my assumed name is “Joe’s Ribshack of Alsip”. I have to file an assumed name form with the Sec of State periodically, then record the assumed name with the Cook County recorder of deeds only once. This bill was a $ grab for cook county requiring the small business to rerecord their assumed name every five years.
The other small business example is a d/b/a. For example, handy man Joe Smith does handyman work. On his business card says Joe’s Handyman Service. He is not incorporated and he does business as (d/b/a) Joe’s Handyman Service. He assumes all liability personally and he does not need to register with the state of IL or cook county (at least for purposes of this statute).
He files on his federal tax return a Schedule ‘C’ as an unincorporated sole proprietorship and does not file a separate tax return.
Comment by noon time drink Friday, Aug 14, 15 @ 12:51 pm
The Attorney General had best step up on the unconstitutional COLA bill, or she becomes a hypocrite.
Comment by Anonymous Friday, Aug 14, 15 @ 1:19 pm
=== Amends the Humane Care for Animals Act. Provides that, in addition to any other penalty provided by law, a person who is convicted of a specified cruel treatment of animals violation upon a companion animal in the presence of a child shall be subject to a fine of $250 and ordered to perform community service for not less than 100 hours. ===
Really? Is this law necessary? Aren’t the charges against cruelty to an animal sufficient? Now we need another law so specific that it applies only to cruelty to companion animals in the presence of children. Silliness.
Comment by Just Observing Friday, Aug 14, 15 @ 1:25 pm
Now he’s AV’d the cannabis decrim bill. A very bad omen for the future of criminal justice reform.
Comment by charles in charge Friday, Aug 14, 15 @ 2:04 pm
==Provides that until 4 years after the effective date of the amendatory Act, the General Assembly shall not enact any law creating any new unit of local government, including, but not limited to, the division of existing units of local government.==
dubious. one general assembly cannot infringe upon the prerogatives of a subsequent general assembly. may as well say subsequent GAs will always balance the budget, and keep taxes to a minimum.
Comment by Langhorne Friday, Aug 14, 15 @ 3:20 pm
Langhorne its not just dubious, it is not binding on a future GA…..but it may at least give them a moment of pause.
Comment by Ghost Friday, Aug 14, 15 @ 4:17 pm
We can add to this list amendatory vetoes to the marijuana decriminalization bill and extension of the MMJ pilot program,
http://www.chicagotribune.com/news/local/politics/ct-bruce-rauner-marijuana-decriminalization-amendatory-veto-met-0815-20150814-story.html
Comment by Grandson of Man Friday, Aug 14, 15 @ 5:02 pm