A Publication of the Illinois Farm Bureau® State Legislative Team

Friday, March 9, 2012

OVERVIEW This week, the General Assembly completed the first round of committees. Per the rules of the House and Senate, any bill not reported out of committee at this point is technically “dead.” We fully anticipate that there will be some bills that will have their deadline extended in order to keep the bills in play. This has already happened in the Senate for bills assigned to Subcommittees. Any Senate bill in a subcommittee had the committee action deadline extended to the end of March.

Next week, the General Assembly will not be in session. This is of course the final full week before the Primary Election on March 20th. There will be some strong campaign pushes in some areas of the state. Not having session next week allows all of the legislators time to go back and see their constituents.

The House and Senate will return to Springfield on March 21st and turn its attention to all of the bills on their chamber's floor. There are currently 283 House Bills on the House Floor and 268 Senate Bills on the Senate Floor. Each member has until March 30th to call their bills, with 8 session days scheduled between now and the deadline. Each and every day will be jammed packed with long hours on the floor with the occasional break to go to committee to consider amendments.

This also brings into play the chaotic floating schedule of each chamber. Hundreds of amendments will be filed in the coming session days. Once an amendment is filed, each chamber can schedule and convene a committee to consider amendments with only one hour's notice. Then there are the sudden breaks for one of the caucuses to meet in private to discuss key, controversial issues. An attempt is made to schedule the length of a caucus meeting, but that is rarely kept. The result is a hectic, constantly fluid General Assembly schedule over the next few weeks.

One thing is for sure, it keeps everyone on their toes looking for amendments and hopping from committee room to committee room.

TAIL DOCKING BAN Earlier this week, the bill banning farmers from docking the tails of cattle passed out of the Business and Occupational License Committee. While the bill would ban farmers from docking QUICKVIEW May 22, 2007

the tails of cattle, it would allow docking to be performed by a veterinarian, but only for therapeutic reasons, under hygienic conditions, and if the animal is anesthetized. The procedure, if done, must be done in such a way to minimize any long-term pain and suffering of the animal, which is a very subjective and concerning requirement.

Farmers representing both dairy and beef production in Illinois testified in committee about the practical reasons why they dock the tails of their cattle. They explained the reduced infections and improve cleanliness of the animals that occur as a result of the practice. They also discussed the fact that requiring that only a veterinarian can perform the practice for medical reasons would mean a delay in treatment for the animal, potentially leading to poorer health and more serious infections. They described how the bill bans farmers from using an animal husbandry practice used to protect and care for the animal.

Unfortunately, their testimony was not enough to overcome the politics of the issue. House amendment #3 to HB 1697 passed out of the committee with 7 yes votes and 4 no votes. The bill is currently on 2nd reading in the House, which means that the sponsor, Rep. Rita, may be able to call the bill for a vote on the floor. HB 1697, Amendment #3 is on 2nd Reading in the House. IFB is opposed to HB 1697.

WIND ENERGY FACILITIES ACT The Wind Energy Facilities Construction, Deconstruction, and Siting bill, SB 3271, faced stiff opposition from wind energy companies, concerned landowners, the Illinois Commerce Commission and county and local government associations this past Tuesday in the Senate Agriculture and Conservation committee. Due to all of the opposition to SB 3271, the Senate sponsor, Sen. Frerichs, made the decision to hold the bill in committee so that conversations can continue with all the groups that are involved and concerned with the current language.

A dozen concerned landowners showed up to the hearing on Tuesday to testify and express their concerns with SB 3271. These landowners live in and around communities that currently interact with wind farms and wind turbines in some capacity. The message conveyed from these individuals was that wind turbines are detrimental to the public’s health, safety, and welfare. They feel that entire communities and families are affected by these developments and that more research is needed. The issue of wind turbines is a very emotional issue for these landowners and they were very passionate about it.

Another issue that was raised by wind energy companies, landowners, and county and local government associations was that SB 3271 removes local control from local people and local units of government. They also had concerns that the bill does not allow counties that currently have wind energy ordinances in place to be exempt for these standards. At the county level, SB 3271 allows counties these abilities:  wind farm siting authority remains with local governments (i.e., counties and municipalities).  counties and municipalities have the ability to approve or disapprove requests for siting approval of wind farms.

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 counties and municipalities “may” approve a wind farm as long as the proposed project meets certain criteria (e.g., setbacks, noise, shadow flicker).  counties can require the wind farm “be designed, located, and proposed to be operated so that the public health, safety, and welfare” are protected.  As part of a wind farm application, the wind company must show that they entered into an agricultural impact mitigation agreement with the Illinois Department of Agriculture and a decommissioning agreement with the Illinois Commerce Commission. However, the ultimate siting authority remains with the county or municipality.  This approach (local control with elements of statewide standards) has been adopted in other areas, such as landfill siting.

Given the opposition and concerns with SB 3271, this will be a challenging issue as conversations and negotiations move forward.

Farm Bureau delegates debated and approved policy on this issue at the IFB Annual Meeting in December. IFB policy seeks to establish statewide standards for commercial wind energy that provide adequate protection of public health and safety, protect private property rights, and allow for reasonable development of commercial wind energy projects. IFB will continue to work to find common ground to satisfy all parties involved while protecting our members. SB 3271 is currently being held in the Senate Agriculture & Conservation Committee. IFB supports SB 3271.

GEOLOGIC CO2 STORAGE – SB 3758 (SEN. CLAYBORNE) This very controversial legislation was the focal point of a lot of attention and work this week. The proponents of this legislation, Willow Grove Carbon Solutions and its parent company, C12 Energy, made a major push to see this legislation moved through the process over the objections of groups who have significant concerns with the precedent it sets. The bill would strip private property rights from landowners who do not agree to be a part of the process. In the end, the bill's sponsor choose to hold the bill in committee until an amendment could be brought forward.

This legislation establishes a process which forces individuals who have not signed a voluntary agreement to allow the use of underground storage rights for the storage of CO2 gas. The bill has a process called “unitization” which allows a company to gain access to everyone’s underground storage rights once 51% of the surface owners in the storage area voluntarily sign contracts allowing storage under their property. The bill is drafted in a way that removes a person's due process protection and is a blatant “taking” of their property right.

The bill also contains several other unacceptable provisions at this time. One positive item in the bill is that the CO2 gas storage rights are not severed from the surface. This means the CO2 gas storage rights are always tied to the surface owner, eliminating the complexities that can occur when rights are severed from the surface interest.

The proponents of SB 3758 have been working on an amendment since early January and have indicated they will share it when it is completed. We will be awaiting this new version and are

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hopeful that many of our concerns with the current version of SB 3758 will be addressed. SB 3758 is in the Senate Energy Committee. IFB opposes SB 3758.

DORMANT MINERAL INTERESTS IFB's priority legislation on dormant mineral interests, SB 3356 (Sen. Raoul), was not called for a vote in the Senate Judiciary Committee this week. The bill creates a process for and limitations on the termination of a dormant mineral interest. This process would allow dormant mineral interests to be reverted back to the surface owner if dormant for a period of 20 or more years. It creates a way to preserve a mineral interest through a recorded notice process. It also allows for late recording of a mineral interest by the mineral owner after an action has been filed to revert the dormant mineral interest to the surface owner. These provisions provide the mineral interest owner with due process protection before an interest is reverted back to the surface owner.

The bill ran into significant opposition from the oil and gas, coal, and aggregate industries. Groups representing those industries were opposed to the general concept of reverting a dormant mineral interest back to the surface owner. This was the case even though in many instances, especially for coal interests, owners pay taxes on those interests. Paying taxes is included in SB 3356 as one way that an interest can avoid being designated dormant and therefore not impacted by the bill.

We will seek additional discussions with the opponents of the legislation to see if changes might be made to the legislation that would help reduce their concerns. SB 3356 was postponed in the Senate Judiciary Committee. IFB supports 3356.

STATE BUDGET/REVENUE ISSUES While all the other substantive action was occurring this week, the state appropriation process was beginning to further develop. The House and Senate both approved a key starting point for developing the budget by establishing, through a resolution, the estimated General Revenue estimate. The House approved HR 707 (Speaker Madigan) by a vote of 93 yes, 11 no, and 5 present votes and the Senate approved SR 586 (Sen. Kotowski) with 52 yes and 1 no vote. Both resolutions included a total state General Revenue amount of $33.719 billion. What is important to note is that both measures were passed with bi-partisan support and that both chambers have agreed on a starting point. Last year, a great deal of time was spent just getting each chamber to agree on what the appropriate revenue level was.

The $33.7 billion amount is slightly higher than last fiscal year, but is $227 million lower than the Governor’s proposed budget. This has already set off a mini-firestorm among many state funded groups because there could be more reductions to come, in addition to what the Governor proposed.

The House plans on using the same process it used last year, where the $33.7 billion will be split between four appropriations committees. Each of these appropriations committees will then

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make their appropriation recommendations based on the dollars they have. The Senate is arguing that this approach does not take into consideration the Budgeting For Results process that they would like to use in determining each program area's effectiveness and efficiency. The challenge with the Budgeting For Results process is that it is still in the conceptual development stage and is not yet able to measure effectiveness or efficiencies. Since most of the decisions on where funding should go is based on the political process, we imagine the system that was used last year will most likely be used again this year. Another interesting twist to the budget negations this year is the size of the group of individuals who are meeting to negotiate the budget. In the past, the Caucus Leaders and the Governor would sit down and work on the big picture and then let their chief budget negotiators sit down to work on the details. This year, the Caucus Leaders and the Governor are meeting and then a group of the chief budget negotiators and the appropriation chairpersons/spokespersons have been meeting to go over the details. It will be interesting to what the dynamics of a 20 person negotiation group will be and how the negotiations move forward.

KEY BILLS

SLOW MOVING EMBLEM FINE - HB 4598 (Rep. Verschoore/Sen. Koehler) HB 4598 provides that a slow-moving vehicle emblem may not be displayed in public view from a highway on an object other than an animal drawn vehicle, farm tractor, implement of husbandry and certain special mobile equipment. Provides that the fine for a first or subsequent offense of improperly displaying a slow-moving vehicle is $75 instead of the current fines of $25 for the first offense and $75 for a second or subsequent offense within one year of the first offense. HB 4598 passed the House and is in the Committee on Assignments in the Senate. IFB supports HB 4598.

C-FAR REORGANIZATION - HB 4447 (Rep. Reis/Rep. Frerichs) & SB 3270 (Sen. Frerichs) HB 4447 and SB 3270 include the changes required to implement the C-FAR reorganization sought by ag and commodity groups. It states that appropriations for the purposes of the Act shall be made to the Illinois Department of Agriculture for research to Illinois public and non- public institutions of higher education. The Illinois Council on Food and Agricultural Research shall deliver to the General Assembly, Governor, Director of Agriculture, and the food and agricultural research administrators at each of the public and non-public institutions of higher learning that receive research dollars under the Act an annual report providing a summary and detailed account of the research programs being supported. It also states that additional grants or donations for research shall be deposited into the Food and Agricultural Research Fund and may be appropriated and used for the purposes of the Act. HB 4447 passed the House and is in the Senate Committee on Assignments. SB 3270 is on 3rd reading in the Senate. IFB supports both HB 4447 and SB 3270.

USE/OCC TX-GASOHOL - HB 4700 (Rep. Bradley) & SB 3616 (Sen. Sullivan)

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HB 4700 and SB 3616 are initiatives of the Illinois Corn Growers Association. The bills amend the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Provides that, on or after July 1, 2012 and on or before December 31, 2018, the taxes imposed under the Acts apply to (i) 90% of the proceeds of sales of gasohol, (ii) 80% of the proceeds of sales of E20 blended ethanol fuel, and (iii) 60% of the proceeds of sales of E30 blended ethanol fuel. Provides that an exemption for majority blended ethanol fuel applies through December 31, 2018 (instead of December 31, 2013). Amends the Illinois Renewable Fuels Development Program Act. Provides that grants may be awarded for the following programs: a next generation renewable fuels program, a majority blended ethanol and blender pump infrastructure program, and a research and development program for sustainable corn production and corn-based renewable fuel production. HB 4700 has been held in the House Rules committee. SB 3616 has been held in the Senate Agriculture and Conservation Committee. IFB supports both HB 4700 and SB 3616.

AGRIC-FERTILIZER AND BLENDS - HB 5539 (Rep. Dugan) & SB 3436 (Sen. Frerichs) HB 5539 and SB 3436 make numerous changes to the Illinois Fertilizer Act of 1961. The bills provide for labeling requirements for fertilizers or custom blends. The bills also make misbranding or the adulteration of a fertilizer unlawful. They provide that the Director of the Department of Agriculture may refuse to register a fertilizer or cancel or suspend a fertilizer registration, custom blend, or fertilizer if certain specified claims are made. The Director may also issue and serve a written stop sale, stop use, or regulate removal upon an owner, operator, manager, or agent in charge of fertilizer. The bills create the Nutrient Research and Education Council (NREC) for the purpose of pursuing nutrient research and providing educational programs to ensure the adoption and implementation of practices that optimize nutrient use efficiency, ensure soil fertility, and address environmental concerns with regard to fertilizer use. HB 5539 passed the House with 84 yes and 22 no votes. SB 3436 is on 3rd in the Senate. IFB supports HB 5539 and SB 3436.

ANIMALS

DOG TETHERING - HB 4033 (Rep. Zalewski) HB 4033 provides that certain requirements must be met in order for an owner to lawfully tether a dog outdoors. It also creates certain exemptions from that requirement. In 2010, IFB and other ag organizations had negotiated an agreement on language relating to dog tethering. That legislation did not pass. IFB is seeking an amendment to HB 4033 to match the language agreed to during negotiations two years ago. HB 4033 was held in the House Agriculture and Conservation Committee. IFB opposes HB 4033.

ANIMAL FACILITY OFFENSES - HB 5143 (Rep. Sacia) HB 5143 makes changes to current prohibited acts, making them animal facility tampering and adds disrupting operations at the animal facility, if the operations directly relate to agricultural production, animal maintenance, veterinary care, or educational or scientific purposes. It also creates the offense of animal facility interference for creating or possessing, without the consent of the owner, a visual or sound recording made at the animal facility, which reproduces a visual

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or audio experience occurring at the facility. The bill also creates the offense of animal facility fraud retaining the current violation of entering a facility under false pretenses, or by theft or deception, obtaining control over facility property. It adds to animal facility fraud making a false statement or representation on a facility employment application, with the intent to commit an act not authorized by the facility. The sponsor has filed a motion to table HB 5143. IFB supports HB 5143.

TOWNSHIPS REGISTERING ANIMALS - HB 5228 (Rep. Ed Sullivan, Jr.) HB 5228 has been amended so that the electors of a township may prohibit the running at large of dogs and cats, except for feral cats. Further provides that in a county that does not license or register cats and dogs, the electors may authorize the requirement that dogs and cats be registered with the township and the imposition of a reasonable fee for the registration. Provides that the registration requirement does not apply to a feral cat or a feral cat caretaker who participates in trap, spay and neuter, or return and release programs. HB 5228 is on 2nd reading in the House. As amended, IFB has no position on HB 5228.

REPEAL HORSE SLAUGHTER BAN - HB 5382 (Rep. Morthland) Amends the Illinois Horse Meat Act, repealing the ban on slaughtering horses for human consumption. HB 5382 has been held in the House Agriculture and Conservation Committee. IFB supports HB 5382.

DANGEROUS ANIMALS ACT - SB 3264 (Sen. Steans) SB 3264 repeals the Illinois Dangerous Animals act and then creates the Dangerous Animals Act of 2012. It specifies a class of animals that qualify as dangerous animals and provides that a person must hold a Dangerous Animal Permit or a Limited Entry Permit to possess a dangerous animal in the State. The bill also provides for the seizure and forfeiture of dangerous animals and equipment under certain circumstances. It also creates the Dangerous Animal Advisory Committee to review periodically the list of dangerous animals. An amendment to the bill exempts livestock from the Act. The bill has been held in the Senate Agriculture and Conservation Committee. IFB has no position on SB 3264, as amended.

ENVIRONMENT

NPDES PERMITS - HB 5642 (Rep. Tryon) This bill establishes NPDES permit fees for Concentrated Animal Feeding Operations (CAFOs) at three levels. Large CAFOs (1,000 animal units (a.u.) or more) would be $750, medium CAFOs (300 - 999 a.u.) would be $350, and small CFAOs (300 a.u. or less) would be $150. The permit requirement has been clarified and will only apply to those CAFOs discharging to a water of the United States. The number of farms that will be required to have a permit will be extremely limited, impacting only a small number of farms. HB 5642 is on 3rd reading in the House. IFB supports HB 5642.

EXPEDITED PERMIT REVIEW INVOICE - SB 3282 (Sen. Clayborne)

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Requires the Environmental Protection Agency to provide an applicant who has used the expedited permit review process with an invoice showing the total fee paid for the expedited review, as well as the number of overtime hours that were expended by Agency staff to conduct the expedited review. SB 3282 is on 2nd reading in the Senate. IFB supports SB 3282.

EPA RULES-STATEMENT OF REASONS - SB 3251 (Sen. Jacobs) Amends the Environmental Protection Act, requiring the Environmental Protection Agency, in rulemakings before the Illinois Pollution Control Board, to include a statement of reasons that assesses the differences between the Agency's proposed rule and other state and federal laws and analyzes the need for and reasonableness of each difference. SB 3251 was held in the Senate Environment Committee. IFB supports SB 3251.

FOOD

PASTEURIZED MILK EQUIPMENT - HB 4494 (Rep. Berrios) This bill amends the Grade A Pasteurized Milk and Milk Products Act to provide that by July 1, 2013, the Department of Public Health shall adopt rules to allow small businesses to comply with the provisions of the Act without requiring cost-prohibitive equipment. This would jeopardize the regulations requiring pasteurization, creating an unnecessary health risk. HB 4494 was held in the House Human Services Committee. IFB opposes HB 4494.

TRANS FAT RESTRICTION ACT - HB 5700 (Rep. Ford) HB 5700 bans any food containing artificial trans fat from being served by a food facility or used in the preparation of food within a food facility by Jan. 1, 2013. Excluded from the ban is food containing only naturally occurring trans fat; food sold or served in a manufacturer's original sealed package; free food samples made available or served to customers in food facilities, but that are only available for sale in the manufacturer's original sealed package; and food repackaged from the manufacturer's original sealed package. The bill also bans food containing artificial trans fat from vending machines operated by or within a private school or public school district by Jan. 1, 2013. HB 5700 is in the House Rules Committee. IFB opposes HB 5700.

TRANS FAT PROHIBITION IN SCHOOLS - HB 5717 (Rep. Ford) & SB 3408 (Sen. Silverstein) These bills provide that each school board must not make available food containing industrially produced trans fat or use food containing industrially produced trans fat in the preparation of a food item served to students from any source. This includes, but is not limited to, school stores, school vending machines, school cafeterias, school food service establishments, and fundraising activities on school premises, whether or not school sponsored. The ban applies to all food and beverages sold on school grounds during the regular and extended school day, but does not apply to food provided through a United States Department of Agriculture meal program. HB 5717

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has been referred to House Rules. SB 3408 is on 2nd reading in the Senate. IFB is opposed to HB 5717 and SB 3408.

LABOR

PREVAILING WAGE-CONSERVATION PROJECTS - HB 5366 (Rep. Reis) Amends the Prevailing Wage Act by providing that "public works" does not include conservation projects or practices on private land paid for wholly or in part out of public funds. This is an initiative of the Soil and Water Conservation Districts. HB 5366 was held in the House Labor Committee. IFB supports HB 5366.

UNEMPLOYMENT INSURANCE-SEASONAL FESTIVALS - HB 5217 (Rep. Ramey) This bill provides that, except for contrary provisions and required coverage under specified federal law, the term "employment" shall not include service performed by an individual when such individual performs his or her service on the premises of the farm, solely in connection with a seasonal festival, and does not perform the services on more than 45 days during the calendar year. HB 5217 is being held in the House Rules Committee. IFB supports HB 5217.

MINERAL INTERESTS

HYDRAULIC FRACKING - HB 3897 (Rep. Jakobsson) & HB 5853 (Rep. Winters), SB 3280 (Sen. Frerichs) & 3534 (Sen. John O. Jones)

None of the bills creating regulations on hydraulic fracturing (fracking) moved forward this week. An agreement among the various proponents and opponents on the bills could not be reached before the committee deadline. HB 3897 was called for a vote in the House Energy and Environment Committee, but was held in that committee with a vote of 8 yes and 9 no votes. Both SB 3280 and SB 3534 were held in the Senate Environment Committee so all stakeholders could continue discussions on the issue. IFB will be involved in continued discussions with these stakeholders on hydraulic fracturing. The specifics on the bills are:

HB 3897 and SB 3280 These bills require the Dept. of Natural Resources to adopt rules that require the owner or operator of a well set to begin fracking for the extraction of natural gas to perform a suitable mechanical integrity test using procedures that are established by administrative rule. They require that the owner or operator shall disclose information about the chemicals used during fracking on certain specified websites. They also require the owner or operator to provide information to the Director as to the amounts, handling, and, if necessary, disposal at an identified appropriate disposal facility, or reuse of the well stimulation fluid load recovered during flow back, swabbing, or recovery from production facility vessels. They also describe how proprietary information should be handled by the Department HB 3897 was held in the House Environment and Energy Committee. SB 3280 was held in the Senate Environment Committee. IFB supports both HB 3897 and SB 3280.

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HB 5853 & SB 3534 These bills create a new provision concerning the extraction of hydrocarbons from shale using hydraulic fracturing, requiring an operator of a well on which a hydraulic fracturing treatment is performed to report information on the fracturing chemicals use on a specific website. The bills also create a process by which an entity can withhold and declare certain information as a trade secret but still comply with the disclosure requirements and provide a process where landowners or neighboring landowners may be able to challenge the trade secret provisions. HB 5853 was referred to House Rules. SB 3534 was held in the Senate Environment Committee. IFB is seeking an amendment to both HB 5853 and SB 3534 to include additional provisions that protect landowners.

PROHIBIT FRACKING IN STATE PARKS - HB 3939 (Rep. Jakobsson) HB 3939 amends the Illinois Oil and Gas Act, providing that the Department of Natural Resources shall adopt rules that prohibit hydraulic fracturing for the extraction of natural gas in designated State areas. The definition of state areas in the bill is very broad. HB 3939 has been assigned to the House Environment and Energy Committee. IFB opposes HB 3939.

NON-COAL MINE RECLAMATION - HB 5145 (Rep. Sacia) Amends the Abandoned Mined Lands and Water Reclamation Act, prohibiting that annual expenditures for non-coal reclamation exceed 2% of the Department of Natural Resource's annual budget for mine reclamation. HB 5145 was held in the House Agriculture and Conservation Committee. IFB supports HB 5145.

TAXES

BARN ASSESSMENT - HB 4723 (Rep. Brauer) Amends the Property Tax Code providing that, beginning with the 2012 taxable year, all barns that were first placed in service more than 75 years before the first day of the taxable year and are located in areas zoned for agriculture shall have an assessed value of zero. Illinois Farm Bureau policy opposes all property tax exemptions because they cause a shift in property tax burden to other taxable property. HB 4732 was held in the House Revenue & Finance Committee. IFB is opposed to HB 4732.

ESTATE TAX SPOUSAL AMOUNT - HB 5297 (Rep. Mathias) Amends the Illinois Estate and Generation-Skipping Transfer Tax Act. Provides that, in the case of a surviving spouse of a decedent who died on or after January 1, 2012, the exclusion amount shall also include the unused exclusion amount of the predeceased spouse. HB 5297 has been referred to House Rules. IFB supports HB 5297.

TAX EXEMPT PROPANE - HB 5326 (Rep. Jerry Mitchell) Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act, providing that, from August 15th through November 15th of each

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year beginning in 2012, propane used for agricultural purposes is exempt from taxation under the Acts. HB 5326 is in the House Rules Committee. IFB supports HB 5326.

TRANSPORTATION

HANDHELD CELL PHONE USE BAN - HB 3970 (Rep. May) HB 3970 provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device (rather than only prohibiting the composing, sending, or reading of electronic messages while operating a vehicle) unless the electronic communication device is used in hands-free or voice-activated mode or one of 5 other limited exceptions apply. Unlike recent federal regulations, this legislation would ban the use of two-way radios, cb's, and other communication devices utilizing a single button to initiate communication. HB 3970 was held in the House Transportation: Vehicles & Safety Committee. IFB opposes HB 3970.

HANDHELD CELL PHONE USE BAN - HB 3972 (Rep. D'Amico) HB 3972 was amended to codify recent federal regulations banning the use of handheld cell phones in Commercial Motor Vehicles, but applies those regulations to all motor vehicles. The bill states that a person may not operate a motor vehicle on a roadway while using an electronic communication device (rather than only prohibiting the composing, sending, or reading of electronic messages while operating a vehicle) unless the electronic communication device is used in hands-free or voice-activated mode. It provides that an exception for the prohibition on the use of an electronic communication device applies to a driver using an electronic communication device in hands-free or voice-operated (instead of voice-activated) mode and that voice-operated mode may include the use of a headset. The bill also provides that the Section concerning electronic communication devices does not apply to a driver using certain radio communication services or to a driver who presses a single button to initiate or terminate a voice communication or to a driver using an electronic communication device capable of performing multiple functions for a purpose that is not otherwise prohibited. HB 3972 passed the House with 62 yes, 53 no, and 1 present vote. IFB has no position on HB 3972, as amended.

KINGPIN-REAR AXLE LIMIT - HB 4446 (Rep. Reis) & SB 2579 (Sen. Sullivan) HB 4446 and SB 2579 provide that the length limits for the distance between the kingpin and the center of the rear axle of semitrailers longer than 48 feet shall not apply to trailers used for the transport of livestock. HB 4446 was held in the House Transportation: Regulation, Roads & Bridges Committee. SB 2579 is on 3rd Reading in the Senate. IFB supports both HB 4446 and SB 2579.

CONVEX MIRROR REQUIREMENT - HB 4539 (Rep. Cassidy) HB 4539 requires every vehicle with a Gross Vehicle Weight Rating or Gross Combination Weight Rating in excess of 26,000 pounds and a conventional cab configuration, whenever operated either singly or in combination on highways other than controlled-access highways, be equipped with a convex mirror on the front of the vehicle. The mirror shall also be adjusted to enable the operator to see all points on an imaginary horizontal line which extends the full width of the front of the vehicle and is 3 feet above the road and one foot directly forward from the

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midpoint of the front of the vehicle. HB 5539 held in the House Transportation: Vehicles & Safety committee. IFB is opposed to HB 5539.

NON-HWY VEHICLES: SNOW REMOVAL - HB 5144 (Rep. Sacia) HB 5144 provides that it shall not be unlawful for any person to drive or operate certain non- highway vehicles on a county roadway or township roadway for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting. The mechanical equipment and mandatory insurance requirements that generally apply to non-highway vehicles when operated on a roadway would not apply to certain non-highway vehicles used for snow removal. The bill also provides that if non-highway vehicles used for snow removal on a roadway are not covered under a motor vehicle insurance policy, the vehicles must be covered under a farm, home, or non-highway vehicle insurance policy. The non-highway vehicles used for snow removal on a county or township roadway at any time between one-half hour before sunset and one-half hour after sunrise must be equipped with head lamps and tail lamps, and the head lamps and tail lamps must be lighted. Certain non-highway vehicles used for snow removal may not cross a toll road, interstate highway, or controlled access highway but may cross a State highway, municipal street, county highway, or road district highway if specified conditions are followed by the operator. HB 5144 was held in the House Rules Committee. IFB is monitoring this legislation.

EXCESS WEIGHT PERMITS FOR HAULING FARM EQUIPT. - HB 5146 (Rep. Sacia) HB 5146 would authorize the Department of Transportation, for highways under its jurisdiction, and local authorities, for highways under their jurisdiction, to issue a special permit for continuous limited operation of the transport of farm implements that exceed the weight limits provided for in statute. The permit would require that trucks not exceed 80,000 lbs., that no single axle exceed 20,000 lbs., and that all road and bridge postings be obeyed. The bill establishes a fee for a special permit to transport farm implements at $12.50 quarterly and $50.00 annually. HB 5146 is on 2nd reading in the House. IFB supports HB 5146.

ROAD FUND-NO TRANSFERS - SB 2514 (Sen. Althoff) SB 2514 provides that the Motor Fuel Tax Fund, the State Construction Account Fund, and the Road Fund shall not be subject to sweeps, administrative charges or chargebacks, or any other fiscal or budgetary maneuver that would transfer any amount from those Funds into any other Fund of the State unless those actions were specifically authorized by law prior to the effective date of the amendatory Act. Repeals a Section of the State Finance Act authorizing the Governor to transfer moneys from the Road Fund to State Construction Account Fund. SB 2514 has been assigned to the Senate Revenue Subcommittee on Special Issues. IFB supports SB 2514.

WILDLIFE

APPRENTICE HUNTER - HB 3880 (Rep. Phelps) HB 3880 states that persons aged 17 and under may apply annually for an Apprentice Hunter License, The license expires on the March 31 following the date of issuance. People aged 18 and older may apply 3 times for an Apprentice Hunter License that expires on the March 31

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following the date of issuance. HB 3880 is on 2nd reading in the House. IFB supports HB 3880.

NUISANCE PERMITS FOR PASTURES - HB 5115 (Rep. Hatcher) Amends the Wildlife Code., providing that the Department of Natural Resources shall investigate a complaint by an authorized owner or tenant of lands or their agents when any wild bird or wild mammal is known to be destroying property, including cattle pastures. HB 5115 is on 3rd reading in the House. IFB supports HB 5115.

PERMIT-RELATIVES OF LANDOWNERS - HB 5353 (Rep. Brauer) HB 5353 was amended to extend the hunting season for rabbits from January 31st to February 28th each year. HB 5353 is on 3rd reading in the House. IFB supports HB 5353

DEER PERMITS - SB 3316 (Sen. Jones) SB 3316 provides that the Department of Natural Resources' rules concerning a "Deer Hunting Permit" shall provide that a hunter shall be issued an antlerless deer permit prior to the issuance of an antlered deer permit. Provides that a hunter must contact the Department and report to the Department the taking of 2 antlerless deer before a hunter may be issued a permit to take an antlered deer. Removes language concerning deer hunting permits that are issued as (i) a combination permit, (ii) a single antlerless-only permit, and (iii) a single either-sex permit. SB 3316 was held in the Senate Agriculture & Conservation Committee. IFB opposes SB 3316.

DNR-PARK ENTRANCE FEES - HB 5789 (Rep. Osmond) Authorizes the Department of Natural Resources to charge an annual vehicle admission fee and daily access fee for entrance to properties owned, managed, leased, or all by the Department. The Department may charge a daily access fee to pedestrians and to owners of vehicles that do not have a current annual vehicle sticker. The Department may also establish a fee for individuals who use a park without paying the annual vehicle admission fee or daily access fee. Requires revenue generated by the annual vehicle admission and daily access fees to be deposited into the State Parks Fund or Wildlife and Fish Fund. HB 5789 is on 3rd reading in the House. IFB supports HB 5789.

OTHER

STORMWATER MANAGEMENT - HB 5900 (Rep. Fortner) Provides that a county board in a metropolitan county located in the area served by the Northeastern Illinois Planning Commission, or Madison, St. Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, or Boone county, that has adopted a stormwater management plan may adopt a schedule of fees applicable to real property within the county that benefits from the county's stormwater management facilities and activities. Sets forth the circumstances under which a fee schedule may be adopted and the uses for the fees. Caps the fees at the same limit as an authorized stormwater tax that has been approved by referendum in the county. Provides that the county shall give land owners at least 2 years' notice of the fee during which time the county shall provide education on green infrastructure practices and an opportunity to take action to

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reduce or eliminate the fee. Further provides that a fee waiver shall be included for property owners who have taken actions or put in place facilities that are approved by the county that reduce or eliminate the cost of managing runoff. Provides that the county may enter into intergovernmental agreements with other bodies of government for the joint administration of stormwater management and collection of the fees. Provides that if a county adopts a fee schedule and has existing debt repayments to make, the remainder of that debt may be paid in the same manner as all earlier payments. HB 5900 is in the House Revenue and Finance committee. IFB has no position as amended on HB 5900. IFB currently has policy that supports the passage of fees and taxes by referendum.

IFA-AGRIBUSINESS EXPERT MEMBER - HB 3920 (Rep. Brown) Amends the Illinois Finance Authority Act, requiring that the next 2 members appointed to the Illinois Finance Authority have expertise in agribusiness or production agriculture. Following those appointments, the Authority must include no fewer than 2 members who have expertise in agribusiness or production agriculture. HB 3920 has been referred to House Rules. IFB supports HB 3920.

CRIM CD-ASSAULT WEAPONS - HB 1599 (Rep. Acevedo) Amends the Criminal Code of 1961 relating to unlawful use of weapons. Increases the penalties by one class if a semi-automatic assault weapon or high capacity ammunition was possessed in the commission of the offense. HB 1599 is on 3rd reading in the House. IFB opposes HB 1599.

IFA-NATURAL GAS LOAN GUARANTEE - HB 5117 (Rep. Rosenthal) HB 5117 creates the Rural Natural Gas Expansion Loan Guarantee Program. It authorizes the Authority to issue State Guarantees to lenders for loans to agribusinesses for the purpose of expanding or increasing capacity of natural gas lines for their agribusiness. It provides that the lender must agree to charge an interest rate, which may vary, that the Authority determines to be below the market rate of interest generally available to the agribusiness. It also provides that a State Guarantee shall not exceed $5,000,000 per agribusiness and that the Illinois Farmer and Agribusiness Loan Guarantee Fund may be used to secure State Guarantees. HB 5117 is in the House Rules Committee. IFB supports HB 5117.

FINANCE-CONSERVATION FUND - HB 5119 (Rep. Rosenthal) Amends the State Finance Act, stating that conservation practice cost-share grants from the Partners for Conservation Fund may be made to livestock operations. HB 5119 is in the House Rules Committee. IFB supports HB 5119.

RURAL WATERWAY AUTHORITY - HB 5126 (Rep. Watson) HB 5216 creates the Illinois Rural Water Authority Act. The bill creates the Board of the Illinois Rural Water Authority, which shall consist of 9 members appointed by the Governor. Sets forth the terms of the Board members; the powers and duties of the Authority; and that the Authority

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may issue revenue bonds to develop, construct, acquire, or improve facilities for the development, transportation, and distribution of water and sewage. It also grants the Authority the power of eminent domain and the power to acquire property. HB 5126 is in the House Rules Committee. IFB opposes HB 5126.

STATE FAIRGROUND-BUILDING NAME - HB 5540 (Rep. Moffitt) HB 5540 provides that the Department of Agriculture administration building location at 801 E. Sangamon Avenue, Springfield, Illinois at the State Fairgrounds shall be known as the John R. Block Building. HB 5540 passed the House with 106 yes and 0 no votes. IFB has no position on HB 5540.

ANIMAL DISEASE LABORATORY FEES - SB 3292 (Sen. Sullivan) The bill provides that the Department of Agriculture may establish and collect reasonable fees for services (instead of diagnostic services) performed by such animal disease laboratories. It allows the Department to deposit fees for laboratory services provided in the Laboratory Services Revolving Fund, rather than send some fees to the General Revenue Fund. SB 3292 is on 3rd reading in the Senate. IFB supports SB 3292.

PRECIOUS METAL PURCHASING ACT - SB 3341 (Sen. Dillard) Creates the Precious Metal Purchasing Act, stating that a person who is in the business of purchasing precious metal shall obtain a proof of ownership, create a record of the sale, and verify the identity of the seller. A person who is in the business of purchasing precious metal shall also not pay for the precious metal in cash and shall record the method of payment. It requires the purchaser to keep a record of the sale for one year or, if the purchase amount is over $500, for 5 years. A person who violates the Act is guilty of a petty offense and subject to a fine not exceeding $500. The Attorney General may inspect records, investigate an alleged violation, and take action to collect civil penalties. SB 3341 is on 2nd reading in the Senate. IFB supports SB 3341.

QUESTIONS

If you have any questions on the items listed in this edition of QUICKVIEW or on other state legislative matters please contact us. The State Legislative Team can be reached at (309) 557-2308 or by e-mail at [email protected].

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