- Protect local
government revenues. Protect local governments from additional risk, liability and unfunded state mandates.
Increased costs for commodities such as fuel, salt and employee
insurance combined with loss of sales taxes, property taxes, permit and
investment revenues are causing distress to local government budgets.
Governments have had to eliminate jobs and defer infrastructure
projects, thereby reducing their ability to deliver community services
to residents. BACOG joins other governments across the region and state
in calling on our state legislators to protect local governments from
fund diversions and unfunded mandates in 2009.
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Support local and regional land use planning and zoning and the
implementation of such plans and regulations without disruptions.
- Preserve local government decision-making and the right to self-determination.
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Support additional permissive authorities for townships and non-home
rule municipalities. Oppose reduction or pre-emption of the powers and
authority of local government.
- Preserve, protect and enhance environmental resources and open space.
- Promote good government and the protection of public health and safety.
2010 LEGISLATIVE PLATFORM Approved January 26, 2010
1. Protect local government financial viability. Protect local governments from additional risk, liability and unfunded state mandates.
Support the IML and NWMC Positions for Pension, Catastrophic Injury and Salary Arbitration Reform. The State's public pension debt is out of control. Though increases in pension contributions have been huge, funded levels have declined - indicating these pension systems are not sustainable. The legislature must make structural changes that will reduce rising costs and address the pension financing burdens faced by local governments that threaten the solvency of local budgets and the provision of even basic services to residents. Municipalities paying catastrophic injury claims under PSEBA are liable for lifetime health insurance costs, whether the employee is able to work or not, and this program needs reform. The Public Labor Relations Act needs reform.
Maintain 1/10th Share for Municipalities in the Local Government Distributive Fund (LGDF). A topmost concern at BACOG is that the State will try to reduce the 1/10th share of the LGDF to local governments (currently about $77 per capita), in effect taking funds collected on behalf of local governments to prop up state spending.
Support LGDF Moneys Going Directly to LGDF Fund. The BACOG governments support HB652, which would allow funds to go directly to the LGDF, bypassing the State General Fund, and be disbursed directly to local governments, thereby reducing delays in payment and any possibility of proportionate reductions.
Support Streamlining of Administrative Procedures for MFT Small Projects. Support the reduction of state and local administrative costs and paperwork related to the distribution and use of Motor Fuel Tax (MFT) funds by municipalities for small projects. Allow expenditure of MFT funds for routine maintenance without IDOT pre-approval.
2. Support local and regional land use planning and zoning and the implementation of such plans and regulations without disruption.
Disconnection of Property from Municipalities - Support changes that would reconcile case law to the intent of the statutes and strengthen existing standards for properties to be able to disconnect from municipalities, in order to: maintain stability of municipal boundaries and certainty in capital investment; protect local government's ability to implement local comprehensive plans; support regional intergovernmental cooperation and planning; protect local zoning; protect existing residents' property values; allow for adequate due process for all affected interests; and carry out planned development.
Oppose Municipal and Township Cemeteries Being Regulated the Same as Private, For-Profit Cemeteries. A 2009 bill intended to curtail an illicit scheme discovered in one private, for-profit cemetery in suburban Chicago extended every proposed regulation to all government-operated and religious cemeteries in the State. This would be cost-prohibitive, intrusive, overly restrictive, and wholly unnecessary. BACOG opposes government-run cemeteries being subject to and having to pay for, at taxpayer expense, the same burdensome regulations as for-profit entities.
Oppose Expansion of Prevailing Wage. Organized labor has pressed for expansion of the prevailing wage, including for demolition projects and in enterprise zones where the projects are privately funded, on private property (SB 43), which remains viable. Expansion of the prevailing (union) wage drives up project costs and may cause businesses to re-locate outside of Illinois -- highly undesirable effects, especially in the current economy.
WATCH:
Support Enabling Legislation for Development Impact Fees. Support enabling legislation to establish authorities, parameters, limitations, fee calculation methodology, and uses for municipal impact fee programs.
3. Preserve local government decision-making and the right to self-determination.
Freedom of Information Act (FOIA) - Support measures to: 1) Monitor the impact and cost to local governments and governmental districts of the FOIA reforms of 2009 (Public Act 96-0542/SB 189); 2) Deny commercial requests that unduly burden public resources under FOIA; 3) Exempt requests for records containing personal information, including employee evaluation documents and disciplinary files; and 4) Apply the requirements of the FOIA statute to apply equally and ubiquitously to all levels of government.
The vast majority of local governments willingly comply with FOIA and provide timely information and access to public records. BACOG opposes unfunded mandates on local governments that use precious personnel and resources in an effort to force compliance from the few that do not comply. We support restrictions on use of FOIA by commercial entities that are currently realizing benefits and/or financial gain from public data produced by public employees at taxpayer expense. As public entities, we support changes to provide flexibility to work within the revised law with an emphasis on procedural rather than philosophical changes to the legislation.
Support Greater Local Control in Setting Speed Limits on Local Roads. Allow governments to set lower speed limits along roadways in low density residential areas that fall outside the definition of "residence district" in the Illinois Vehicle Code. In large lot residential areas (generally about 3 acres or more), a municipality may not decrease the speed limit to less than 35 miles per hour, even where engineering studies show that a lower speed limit is needed to protect public safety. This proposal revises the definition of "residence district" by changing the maximum distance between buildings from 300 feet apart to 500 feet apart, which includes most 5-acre lots. This initiative allows local governments to better respond to identified hazards, accident rates, and matters of public safety by setting appropriate speed limits.
4. Preserve home rule authorities, and support additional permissive authorities for townships and non-home rule municipalities. Oppose the reduction or pre-emption of the powers and authorities of local governments.
5. Preserve, protect and enhance environmental resources and open space.
Canadian National Rail Road - Support mitigation funding, if the transaction stands on appeal, and continue to support increased emphasis on community interests balanced against freight rail interests at both the state and national level.
Fund Local Groundwater Research and Protection Efforts. Support initiatives and funding for local governments that are engaged in research and mapping, local policy development and implementation of groundwater protection measures, and public education towards a sustainable and safe water supply. Support "on the ground" efforts that supplement and enhance statewide work, especially local groundwater measurement and monitoring programs. Support development of pilot projects, such as those developed by BACOG, that are transferable to other regions of the state.
Support Joint COGs Position on Water Supply Planning. Municipalities recognize that water supply planning is a priority in the State. Since supply is provided by municipalities (not state or regional entities), municipalities must be included in planning and/or governance for supply. In particular, 1) planning areas should be determined based on similarity of available resources and sensible geographic boundaries; 2) any governance or planning groups created should be advisory and a majority of representatives should be from public water supply agencies; 3) future water supply planning must have a strong educational component; and 4) recent regional and local water planning initiatives should continue and be taken into account by new water supply planning efforts.
Support for the Extension of Route 53. Support funding for the Highway 53 Extension to Route 120 in Lake County, with appropriate environmental and aesthetic measures, to relieve traffic congestion in central Lake County, Route 12, and adjacent areas.
Support Funding for Transportation. Support securing as much funding as possible for our State and units of local government in the pending federal transportation reauthorization legislation. Urge the retention of at least the state's estimated 3.62% share of funds under SAFETEA-LU for transit, and a funding increase for Illinois systems from the $442 million received in 2009 to at least $1 billion in 2010.