IGFOA LEGISLATIVE COMMITTEE

Legislative Update

Pension Fairness Coalition

Coalition for Qualified Plan Status

Streamlined Sales Tax

Sudan Divestment

Previous Updates

Should you have any questions or comments, please do not hesitate to contact the Legislative Committee chair or Anderson Legislative Consulting.

Links:

Illinois General Assembly Legislation

http://www.ilga.gov/legislation/default.asp

Illinois Municipal League Legislative Page

http://legislative.iml.org/

Government Finance Officers Association Federal Liaison Center

http://www.gfoa.org/index.php?option=com_content&task=view&id=93&Itemid=105

IGFOA Members Only Legislative Update E-list

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Legislative update

as of June 6, 2010
prepared by Anderson Legislative Consultants

On May 27th both the House and Senate adjourned ‘to the call of the chair’, which means either chamber could return to Springfield over the summer. Although both chambers have finished the majority of their work for the spring session, they may still need to come back to put the finishing touches on the budget. The House was able to pass their version of the Budget, though it took them sometime and a lot of effort. However, the Senate was unable to get the votes for one of the Budgets central pieces, the $4 Billion pension borrowing bill and failed to even call the legislation for a vote.

Bills of Note Sent to Governor:

HB 5154-FOIA
Amends the Personnel Record Review Act. Provides that disclosure of performance evaluations under the Freedom of Information Act shall be prohibited. Effective immediately.

HB 4945-Joint Investments
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.

HB 5668- Firemen’s Disciplinary Act
Reinserts the introduced bill with changes. 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.

SB 3022-Public Employee Benefit
Amends the Downstate Police and Chicago Police Articles of the Illinois Pension Code. Allows police officers to establish creditable service for up to 2 years of military service before employment. Requires payment of employee and employer contributions, plus interest at the actuarially assumed rate. Effective immediately.

Complete report on the status of bills the IGFOA Legislative Committee is monitoring


IGFOA Joins Pension Fairness Coalition

At the February 26, 2010 meeting, the IGFOA Executive Board agreed to join the Pension Fairness Coalition. Monitor the Coalition's progress at http://www.pensionfairness.org/index.html

May 6 update:

HB5873 includes numerous changes to the Downstate Police and Firefighter Pension Funds. This bill is currently being considered in both the Illinois House and Senate.

OPPOSE HOUSE BILL 5873 (Senate Floor Amendment #2)

HIDDEN, EXPENSIVE CATCH NEGATES TAXPAYER RELIEF

House Bill 5873 Senate Floor Amendment #2 would provide some long term pension relief, but the addition of a union-demanded provision that imposes severe fiscal penalties upon taxpayers cancels that benefit.

House Bill 5873 (SFA2) imposes financially crippling enforcement penalties
Authorizes pension funds to demand the state deduct Local Government Distributive Funds (LGDF) and sales tax revenues from municipalities if they are unable to fully meet their pension obligations
Permits pension funds to sue municipalities (i.e. taxpayers) in circuit court if local and state funds are not sufficient to meet pension obligations

If these penalties were in effect today, they would impose an estimated $105 million dollars in additional tax burden upon local taxpayers

Positive aspects of House Bill 5873:
Creates a modified pension system for new employees that provides gradual relief over several decades
Requires COGFA to perform fiscal studies to help understand pension fund successes and difficulties
Provides the Department of Insurance special examination authority
Gives larger pension funds expanded investment authority

Crippling enforcement language that will make it IMPOSSIBLE to manage municipal budgets MUST BE REMOVED from House Bill 5873 (SFA2) in order to achieve acceptable and meaningful public safety pension reform

See additional helpful materials to facilitate your conversations with state legislators:

 

March 22 update:

Significant progress was made over the past week. Representatives of the Coalition met with the public safety unions on Wednesday, March 17 under the direction of Senator Terry Link. The meeting ended with agreement on two fronts:
• All parties agreed on the need to provide short term relief from pension increases and agreed to a proposal that would cap the amount of municipal pension contribution increases at 10% over the amount contributed for 2008. The agreement also includes language requested by FOP to eliminate a provision in their pension code that provides a pro rata distribution of funds in the event the pension fund is unable to meet its obligations (no other pension code has a similar provision). Senator Link also stated there would be a one year moratorium on all other pension bills during the negotiation process.
• Discussions began on providing long term relief following the outline of the Coalition’s Pension Fairness platform. Although no agreements were reached on the points of the platform, all parties agreed to continue the discussions.
Adding context to the discussions is legislation that passed the House last week which introduces a second tier pension with lower benefits and a higher retirement age for legislators and judges.

Another negotiation session is scheduled for this week. Senator Link has requested that all organized media activities (such as press conferences) be put on hold during the negotiations. The Coalition will continue to keep membership fully informed as to the status of the negotiations as well as lobbying and local education opportunities. To view press coverage related to the Coalition and the public safety pension crisis, please visit the "In the News" section of our online Press Room.

Coalition for Qualified Plan Status

The Coalition for Qualified Plan Status has received confirmation from the IRS that the requested Qualified Plan Determination Letters – one for Article 3 Police Pension Funds and one for Article 4 Firefighters’ Pension Funds – have been granted! It is important to note, the letters were issued with the contingency of the adoption of the administrative regulation changes which were proposed within the applications and which are being promulgated by the Illinois Department of Insurance. Copies of the letters are available on the IDOI’s web site (https://insurance.illinois.gov/Applications/Pension/Default.aspx?SelectedValue=4).


Streamlined Sales Tax

The Streamlined Sales Tax (SST) bill, SB1429, as presented, is intended to level the playing field between retail merchants and internet sales. Once passed, Illinois would then join the interstate compact and at that point new sales tax revenues from internet sales could be realized through voluntary compliance by approximately 1,500 retailers nationally.

  

In order for the State of Illinois to become a member of the SST interstate compact, the State would need to change from “point of sales” to “destination” sourcing.

The concept of being able to capture sales tax from internet sales is one that the National GFOA supports and the GFOA is actually a member of the Streamlined Sales Tax Board which was structured to implement SST nationally.   Changing from “point of sale” to “destination” sourcing will generate winners and losers for municipalities throughout the State (the State itself will not be impacted). Learn about SB 1429
  

What can you do?

Review your sales tax generators and revenues to determine what the impact of this bill could mean to your municipality.

Contact your local legislators to let them know what the impact of SB1429 would be to your municipality and ask them to work towards developing a mitigation plan that properly addresses the impacts of all municipalities.

Learn More About Streamlined Sales Taxes

DuPage Mayors and Managers In Depth Briefing

GFOA Issue Brief:  Taxation of Remote Sales (pdf)

National Governors Association Report:  State and Local Sales Tax Revenue Losses from E-Commerce (pdf)

Work with your elected officials to inform your State Senators and Representatives:

Sample SST letter (Word document)

Sample SST letter (text format)

Sudan Divestment Law Update

SB 1169 Signed by Governor - August 28, 2007

SB 1169 Passes both Houses - Awaiting Governor's Action - May 31, 2007

Senator Collins legislation passes both Houses; however, local pension funds are removed from the provisions of the bill.

SB 1169 Passes the State Senate - Sitting in Rules Committee - April 9, 2007

SB 1169, sponsored by Illinois State Senator Jacqueline Collins, continues to moved to the House after passing in the Senate 54-2.

State Senator Collins Introduces Amendment with Sudan Divestment Language - March 26, 2007

Illinois State Senator Jacqueline Collins filed Senate floor amendment 1 and 2 to SB 1169.  The amendments contain Sudan divestment language and have been referred to the Rules.  To view the text of the amendments - Click Here.

   Senator Durbin Introduces Sudan Divestment Bill - March 8, 2007

US Senator Dick Durbin introduced a bill that would provide support for state and local government divestment efforts in Sudan.  To read the press release for Senator Durbin's web site click here.  To view the status of S. 831 click here and search for S. 831.  The IGFOA continues to track developments in the Sudan Divestment debate at the Hot Topics Page.

Sudan Bill Declared Unconstitutional - February 23, 2007

The Sudan Divestiture Act, which prohibited pension funds from investing in companies with ties to Sudan, was declared unconstitutional by a Federal District Court on Friday, February 23.  For more information on the breaking news, click here.

 

Previous Updates

contact IGFOA for earlier updates at execdir@igfoa.org
 
 

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