Veto session update

The Illinois General Assembly recently concluded its fall veto session schedule. The following is a brief summary of the legislative action that occurred during the veto session which may be of interest to the government bar. The complete text of all legislation may be found on the General Assembly’s Web site at <http://www.ilga.gov/>.

Governor’s Veto Overridden by the General AssemblyCounty Jail Act

Public Act 94-678 (SB 1509). Amends the County Jail Act. Provides that if a person who has been convicted of a felony and has violated mandatory supervised release for that felony is incarcerated in a county jail pending the resolution of the violation of mandatory supervised release, the Illinois Department of Corrections shall pay the county in which that jail is located one-half of the cost of incarceration, as calculated by the Governor’s Office of Management and Budget and the county’s chief financial officer, for each day that the person remains in the county jail. Provides that calculation of the per diem cost shall be agreed upon prior to the passage of the annual State budget. Effective date: January 1, 2006.

Criminal Code

Public Act 94-684 (HB 29). Amends the Criminal Code of 1961. Provides that it is unlawful for a person, other than a person licensed to practice medicine in all its branches, to tattoo or offer to tattoo a person under 18 (rather than 21) years of age. Provides that the penalty for unlawfully tattooing or piercing the body of a person under 18 years of age is a Class A misdemeanor (rather than a Class C misdemeanor). Provides that it is a Class A misdemeanor for an owner or employee of those businesses to permit a person under 18 years of age to enter or remain on the premises where tattooing or body piercing is being performed unless the person under 18 years of age is accompanied by his or her parent or legal guardian. Provides that the prohibitions do not apply to a person under 18 years of age who tattoos or offers to tattoo or who pierces the body or oral cavity of another person under 18 years of age away from the premises of any business at which tattooing, body piercing, or oral cavity piercing is performed. Effective date: January 1, 2006.

Intergovernmental Cooperation Act

Public Act 94-685 (HB 911). Amends the Intergovernmental Cooperation Act. Provides that no joint insurance pool or intergovernmental cooperative offering health insurance shall interfere with a public agency’s required collective bargaining subjects or discriminate or retaliate against a public agency member that limits its participation as a result of collective bargaining. No intergovernmental insurance contract offering health insurance shall limit the collective bargaining rights or obligations of public agency members. With respect to intergovernmental insurance contracts relating to health, life, or life and health insurance, provides that the pool or contract may permit re-pricing of the costs of coverage for continuing officers and employees when a member withdraws officers or employees into a union-supported program. Prohibits expelling a member from the pool or cooperative if the continuing officers and employees meet general criteria required of all members. Effective date: November 2, 2005.

Bills Passed During Veto Session

Criminal Code

HB 692. Amends the Illinois Vehicle Code and the Criminal Code of 1961. Creates the offense of theft of motor fuel. Provides that a person commits the offense when he or she dispenses motor fuel into a storage container or the fuel tank of a motor vehicle at an establishment in which motor fuel is offered for retail sale and leaves the premises of the establishment without making payment or the authorized charge for the motor fuel. Requires the defendant’s knowledge in order to commit the offense and that the defendant’s intent must be to deprive the establishment in which the motor fuel is sold of the possession, use, or benefit of the motor fuel without paying the full retail value of the motor fuel. Establishes penalties. Provides for the suspension of the driver’s license of a person convicted of theft of motor fuel for a period not to exceed six months for a first conviction and for a period not to exceed one year for a second or subsequent conviction.

HB 1088. Amends the Illinois Identification Card Act. Provides that a person convicted of certain fraudulent ID card violations when there are aggravating circumstances is guilty of a Class 3 felony (now, Class 4 felony) and for a second or subsequent violation is guilty of a Class 2 felony (now, Class 3 felony).

Municipal Code

HB 1368. Amends the Illinois Municipal Code. Provides that a non-home-rule municipality shall not assign a firefighter to perform police duties or a police officer to perform firefighting duties. Prohibits a non-home-rule municipality from administering fire and police department work assignments in a manner inconsistent with this requirement. Further amends the Illinois Municipal Code. Provides that the restriction on firefighter and police work assignments does not apply to a municipality that created a department of public safety before January 1, 1998. Effective immediately.

Pension Code

SB1693. Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Increases the retirement formula for sheriff’s law enforcement employees (SLEPs) to 2.5 percent of the final rate of earnings for each year of SLEP service. Increases the maximum pension payable to a SLEP from 75 percent to 80 percent of the final rate of earnings. Removes the two-year service requirement for earning new benefits after a return to service as a SLEP. Makes these changes apply to persons in service on or after July 1, 2004. Also increases the additional employee contribution paid by SLEPs to 3 percent of salary. Eliminates the reduction in benefit imposed on a surviving spouse who is more than five years younger than the deceased member, for the surviving spouse of any member who dies on or after the effective date. Allows a SLEP to convert up to 10 years of non-SLEP service credit into SLEP credit by paying the difference in employee and employer contributions, plus interest. Makes the additional unfunded liability for all changes subject to a 35-year or 40-year amortization period. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

School Code

SB 293. Amends the School Code. Requires all contracts and agreements that pertain to goods and services and that are intended to generate additional revenue and other remunerations for a school district in excess of $1,000, including without limitation vending machine contracts, sports and other attire, class rings, and photographic services, to be approved by the school board. Requires the school board to file as an attachment to its annual budget a report indicating for the prior year the name of the vendor, the product or service provided, and the actual net revenue and non-monetary remuneration from each of the contracts or agreements. Also requires the report to indicate for what purpose the revenue was used and how and to whom the non-monetary remuneration was distributed. Amends the State Mandates Act to require implementation without reimbursement. Effective July 1, 2006.