Senate Committee Action May 30, 2016

Transcription

1 Senate Committee Action May 30, 2016 Revenue Local Government Tax Disclosure Incentives (HB 3760): Creates the Local Government Tax Incentive Disclosure Act to provide every unit of local government (including school districts and community college districts) to report any property tax abatement or rebate it grants to IDOR. Provides the DCEO will submit a report on the total value of all tax credits to the Governor and General Assembly by August 1st of every year. Feminine Hygiene Taxes Sunset (SB 2746): Provides the proposed Sales and Use Tax exemption for tampons and menstrual pads and cups will be subject to the automatic 5 year sunset date provision. As passed the Senate: the various Sale & Use Tax Acts are amended to exempt tampons, and menstrual pads and cups from sales tax. Local Government Fire protection fees (HB 4522): Authorizes new fees. Authorizes municipalities with volunteer fire protection services to charge non-residents fees for fire and emergency services. The rates have a maximum of $250 per hour and cannot exceed $70 per hour per firefighter responding to a call for assistance. Additional charges are possible for extraordinary expenses. Charges cannot be less than $50. Higher Education Higher Education Administrative Contracts (SB 2155): Requires that as part of a community college s recognition process, a review of compliance with applicable State and federal laws regarding employment contracts and compensation shall be conducted. ICCB shall organize an advisory committee to review the findings and make recommendations for changes or additions to the laws or review procedures. SURS Omnibus Cost Saving (SB 2156): Prohibits new employees of several associations and non-profits, from participating in the SURS pension plan. For new employees, excludes housing allowances, vehicle allowances, bonuses, social club dues, or athletic club dues or dues determined by the Board. Also, allows participants to purchase service credit (employee and employer normal cost contributions, plus interest) between July 1, 2015 to June 30, 2017 for required furlough days, or voluntary reduction in pay in lieu of furlough days, with an SURS employees. Requires employers to make the associated employer contribution for furlough days, or voluntary reduction in salary. As well as, adjusts the 6% salary cap calculation to account for loss of salary due to furlough days, and codifies the default investment alternative under the Self-Managed Plan (SMP) Provides that when the System requests information from an employer, the employer shall respond to the request within 90 calendar days the employer shall respond within 60 calendar days. System may assess a penalty of $500/day -$25k max on an employer who fails to respond.

2 Human Services DHS Autism Wallet Card (HB 4257): Requires SOS to issue an additional person with disability wallet card which specifies that the cardholder has been medically diagnosed with a disability. The wallet card may only be available to applicants with a Type 2 (developmental disability) or Type 5 (mental disability). Requires DHS to work with SOS to design the card and then requires DHS to produce and distribute the cards to SOS. Requires DHS and SOS to work together to adopt rules. Employee Sick Leave Act (HB 6162): Provides that in the case where an employer has a sick leave policy allowing the employee time off in case of illness, injury, or medical appointment, that the employer must extend that sick leave policy to the employee in case of illness, injury, or medical appointment of the employee's child, spouse, sibling, parent, grandchild, step-mother, step-father, or step-parent. Opportunities Youth Diversion (SB 320): Removes two representatives from the Task Force to make the number of Republican appointees equal to the number of Democratic appointees. Changes the name of the Act to the Mental Health Opportunities for Youth Diversion Task Force Act. HFS Wheelchair Batteries (SB 420): Enables HFS to establish rules that would allow for two wheel chair batteries and one set of wheels within a 12 month period without prior authorization. The law would also codify in rule how they are currently paying for these products. Requires HFS to require all providers of durable medical equipment (DME) to be accredited by an organization approved by federal CMS in order to bill Medicaid. All providers are required to meet this accreditation within 15 months of the adoption of rules to implement this. Public Aid Vendor Claims Against the State (SB 1051): The Public Aid Code and the Court of Claims Act are amended to extend the statute of limitations for claims by vendors of goods or services under the Public Aid Code from 1 year to 5 years after the accrual of the cause of action. Public Aid Medicaid Enrollees (SB 2306): Requires the Department of Healthcare and Family Services to develop and implement an algorithm to automatically assign certain Medicaid enrollees into managed care entities, adds language requiring the Department to seek input from managed care entities and other stakeholders. Continuum of Care DD License (SB 2610): Creates the Continuum of Care Services for the Developmentally Disabled Act. This would authorize a new type of license (Continuum of Care License) for services that provide for individuals with developmental disabilities. Maternal and Child Health (SB 2734): Removes provisions concerning the transfer of personnel, transfer of funds, and property and unexpended funds with regard to the Maternal and Child Health Services Block Grant program moving from DHS to DPH.

3 State Government and Veterans Affairs Mahomet Aquifer Protection Task Force (SB 325): Creates the Mahomet Aquifer Protection Task Force; composed of 22 members. Tasked with identifying and offering solution for contamination/mitigation of toxins in the Mahomet Aquifer. Report due by January 1, 2017 Muslim Advisory Council (SB 574): Creates a 21 member council with 4 appointments made by the Governor and the 4 legislative leaders. The Council is to: advise the Governor and the General Assembly on policy issues impacting Muslim Americans and immigrants advance the role and civic participation of Muslim Americans in this State enhance trade and cooperation between Muslim-majority countries and this State build relationships with and disseminate information to (in cooperation with State agencies, boards, and commissions) Muslim American and immigrant communities across this State REAL ID Act compliance (SB 637): Amends the Illinois Identification Card Act. Makes the required legislative changes to bring Illinois in compliance with the federal REAL ID Act. GOMB Annual Report (SB 2585): Agreement with Governor s Office of Management and Budget to move the date of the annual report to August 15th of each year. Mine Safety Regulations (SB 2813): Changes mandatory coal mine safety issues and matches them with fed regulations and border states. Custodian Board of Investments (SB 3071): Provides that the Illinois State Board of Investment must appoint and retain a qualified custodian of the board (now, the State Treasurer serves as custodian). Criminal Law Expungement Procedures (HB 6328): Allows the State's Attorney to object to expungement of arrest records when a person has been convicted of a criminal offense on the grounds that the records contain specific relevant information aside from the mere fact of the arrest (currently a person cannot expunge arrests if there is a prior criminal conviction). Allows for petitioner seeking to expunge or seal criminal records to be able to petition to waive filing fees. Judiciary Abandoned Securities (SB 167): Requires the holder of any presumed abandoned securities exceeding $1,000 to notify the last known owner via certified mail. Clarifies that a signed returned receipt constitutes written communication received by the holder from the owner and rebuts the presumption of abandonment. Conscience Based Medical Objections (SB 1564): Requires health care facilities to adopt written access to care and information protocols that are designed to ensure that conscience-based objections do

4 not cause impairment of patients' health and that explain how conscience-based objections will be addressed in a timely manner to facilitate patient health care services. Snow Removal Liability (SB 2138): Prohibits contract terms that require the service receiver from indemnifying or holding harmless or paying to defend the service provider from damages or tort liability resulting from the acts or omissions of the service provider or the service provider's agents or employees. Any provision in a snow removal services contract that requires that the snow removal contractor indemnify the property owner for the property owner s negligence is against the public policy of this State and is void and unenforceable. This balances the provisions so that neither party can be contractually bound to being liable for the negligence of the other party. School District Zoning (SB 2186): A school district is subject to and its school board must comply with any valid local government zoning ordinance or resolution that applies where the pertinent part of the building, structure, or site owned by the school district is located. Illinois Code of Military Justice Update (SB 2861): Creates appeal process for ICMJ court martials, by adopting procedures from the Model State Code of Military Justice which is modeled after the UCMJ. Civil Case E-Filling Fee (SB 3162): Creates a $9 filing fee on civil cases beginning 30 days after being signed into law. However, other fees have been reduced by $9 in total creating a zero sum. Juvenile Probation Period (HB 6291): Eliminates the 5 year mandatory juvenile probation period on all offenses other than first degree murder. Also prohibits commitment of minors to the Department of Juvenile Justice for Class 3 and Class 4 controlled substances violation unless for multiple probation violations. Licensed Activities and Pensions Survivor Benefit - Felony Act (SB 1049): Changes all State managed pension systems to deny any beneficiary of a survivor benefit who is convicted of a felony relegated to the deceased member s job. Health Care License - Forcible Felony (SB 42): Provides that a felon cannot apply for reinstatement of a healthcare license until at least 3 years from their release from incarceration or 5 years after their conviction, whichever is the later date. (As passed the senate, reinstatement was set at 5 years from conviction.) Public Employee Benefits (SB 440): Changes the Tier 2 survivor s annuity (currently 66.6% of earned pension) for surviving beneficiaries to mirror the Tier 1 benefit, but subject to the Tier 2 salary cap. Also, Changes the Tier 1 COLA for certain retirees (born before January 1, 1966) to 3% simple (currently 1.5% simple) and changes the minimum annuity for widows from $1,000 a month to 125% of the Federal Poverty Level ($14,850 annually). Adds language that would prohibit a Tier 2 widow from receiving duty death benefit (75% of salary) if the participant was on duty disability and died from an unrelated illness or injury (addresses Bertucci v. Retirement

5 Board of Firemen Annuity and Benefit Fund of Chicago that allowed this practice). Hearing Aid Dispenser - Cont. Education (SB 462): Adds clarification of Department approved continuing education requirements, clarifies scope of practice for hearing instrument dispenser's, makes other technical and clean-up changes. These changes were requested by the Department. Leaves other provisions of the bill as passed the Senate intact. Chicago Firefighter Pension Code (SB 2820): Permits the Board of Trustees of the Chicago Firefighter Pension Fund to engage in financial transactions that involve securities lending. Executive Unpaid Leave Benefit for Victims of Domestic Abuse/Sexual Violence (HB 4036): The underlying bill gave all employees the 12 workweeks of leave, the amendment keeps the current tiered structure, but adds 4 workweeks of leave for employees of employers with 1-14 employees. craft distillers to 100,000 gallons per year (currently 35,000/annually). Allows craft distillers to store spirits at another location and hold more than one craft distiller's license, but in no case may they produce or sell, in aggregate, more than 100,000 gallons per year or 2,500 gallons per year, respectively. Creates a craft distiller tasting permit with a $25 fee. Liquor Distributor Licenses (SB 3095): Organizes a long-standing Illinois Liquor Control Commission interpretation prohibiting a non-resident dealer (out of state manufacturers or non-manufacturing importers of beer, wine or spirits) from holding a distributor or importing distributor s license while simultaneously prohibiting a distributor or importing distributor from holding a non-resident dealer s license. Employment Services for Persons with Disabilities (HB 5783): Moves administrative operations of the Employment and Economic Opportunity for Persons with Disabilities Task Force from the Illinois Department of Employment Security to the Illinois Department of Human Services. This is an initiative of the IDES, who believe that the Task Force would be more appropriately placed in the IDHS. Craft Distillers Limitations (SB 2797): Increases production and storage limits for