Barrington Area Council of Governments

2009 LEGISLATIVE PLATFORM

Adopted January 27, 2009

BACOG GUIDING PRINCIPLES:

-   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. 

-   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.

-   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.

LEGISLATIVE PRIORITIES AND SUPPORTED ISSUES:

1. Oppose the Canadian National Rail Road Purchase of the EJ&E.  This transaction would cause a fourfold increase in freight on the EJ&E, block vehicular traffic at crossings, compromise residents' safety and water supply, damage the Barrington downtown, and impact quality of life in the BACOG region.  Support complete mitigation of all impacts throughout the area, if and when transaction is approved.

2. Educate Legislators, Officials and Units of Government Regarding Needed Modifications to Disconnection Legislation.  Support education that would reconcile case law with the intent of the existing statutes for disconnection of property from a municipality and strengthen existing standards, 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.

3. 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.

4. Support for IML Reform Policies for Public Safety Pension Funds.  Support the 2009 package of positions and reforms proposed by the Illinois Municipal League.  Support measures that protect and maximize pension investments, allow full municipal participation in pension board matters, limit benefit increases, and further define benefit standards, e.g., "catastrophic injury".

• Support Notice to Municipalities and Townships of Foreclosures.  Currently, when a foreclosure occurs to property located in a community in Illinois, the community is not notified by the lending institution that filed the foreclosure proceedings.  Local governments -- charged with protecting the public health and safety -- inherit the responsibility for securing or demolishing vacant units, removing trash, mowing weeds, and a range of other activities intended to keep the unit from becoming a dangerous or an eyesore.  With early notification, municipalities and townships can work with the rightful property owner (often unknown once foreclosure has begun) and possibly avoid some of the extra costs associated with such units, such as extra policing, arson/fire control, inspections, legal services, demolition, etc.  Support changes to the Foreclosure Act that would require the lending institution to serve notice to the clerk of the municipality in which the property is located or to the clerk of the township in which property in an unincorporated area is located. 

• Oppose State Imposition of Uniform Building Code Requirements.  Oppose mandates or preemptions of local authority regarding building codes, for both construction requirements and enforcement.  Oppose mandated certification of inspectors by State-specified certification agencies.  Because communities are largely defined by the types of structures located within their borders, a cookie-cutter approach to building codes, i.e., "one size fits all", would erode the architectural diversity that exists in Illinois.  It may also stymie economic progress in struggling regions. 

• 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 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.

• Eliminate Workers' Compensation Presumption for Certain Conditions Developed by Firefighters, EMTs and Paramedics Who Use Tobacco Products.  For firefighters, EMTs and paramedics under the Worker Compensation Act, the presumption is that certain health impairments arose out of the course of employment.  This proposal would eliminate this presumption for health impairments that result from cancer, lung or respiratory conditions, or heart or vascular conditions, if the personnel used cigarettes or tobacco products within five years before the claim.  Support changes that provide that the presumption that certain health conditions are job related doesn't apply if the employee used tobacco products.

• Monitor Changes to SB1429, the Streamlined Sales Tax Agreement, Regarding Origin Sourcing Rules for Intrastate Purchases.  Support Department of Revenue Analysis on the Impact of any Changes that may be Proposed and Maintain Sourcing Rules.  Senate Bill 1429, currently under consideration, provides the final step for Illinois to join the Streamlined Sales Tax Project and begin receiving internet and catalog sales taxes from companies who have voluntarily agreed to participate. In December 2007, the Streamlined Sales Tax Governing Board approved amendments to the agreement regarding sourcing rules to allow states to maintain origin sourcing rules on intrastate sales. 

"WATCH" ISSUES:

• Amend the Affordable Housing Act.  Support amendments to the Affordable Housing Planning and Appeals Act that will:  1) clarify the powers of the Appeal Board in relation to local government zoning authority and local control;  2) set standards of review for the Board that would require the developer to demonstrate in an appeal that the municipality's decision was made specifically to prohibit affordable housing units;  and 3) include such limiting local conditions such as infrastructure, water supply, sewer/septic, land use controls, and build-out.

• 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 to benefit schools, parks, library, and fire/rescue districts.