Legislative News
Scaling Back Financial System Reform Plan
LEGISLATIVE UPDATE:
Federal Legislation
Marketplace Fairness Act of 2013
S1832
A new Bill introduced in February 2013 by Senator Mike Enzi would allow states, provided they have met certain conditions, to require large internet and mail-order retailers to collect state and local sales taxes.
To exercise this authority, a state must either adopt legislation implementing the provisions of the Streamlined Sales and Use Tax Agreement, which requires states to adhere to uniform definitions, filing requirements, and other rules regarding sales tax collection, or meet five sales tax simplification measures outlined in the act.
The Marketplace Fairness Act exempts online and catalog retailers that have less than $500,000 a year in out-of-state sales from having to collect sales tax.
In its preamble, the bill states: “It is the sense of Congress that States should have the ability to enforce their existing sales and use tax laws and to treat similar sales transactions equally, without regard to the manner in which the sale is transacted, and the right to collect — or decide not to collect — taxes that are already owed under State law.”
Black Boxes in New Cars
In early 2012 the U.S. Senate passed US. Senate Bill 1813, known as the “Moving Ahead for Progress in the 21st Century Act” (the “Bill”). The Bill, mandated that Event Data Recorders (commonly referred to as “black box data recorders” or “EDRs”) be installed in all passenger motor vehicles beginning with model year 2015. EDR’s have been used to gather information about vehicle collisions. Information collected by EDR’s include vehicle speed, whether brakes were activated before a crash, crash force at impact, air bag deployment timing, and whether vehicle occupants were wearing seatbelts. The alleged idea behind EDR’s is to gather information to help investigators to determine the cause of accidents and lead to safer vehicles.
The Bill went on to state that any data collected from EDR’s would be the property of the owner or lessee of the vehicle, and could not be collected by anyone other than the owner/lessee unless the owner/ lessee consents, a court authorizes retrieval by another person, there is a medical emergency, or the data is relevant in an investigation or inspection conducted by the Secretary of Transportation. Unauthorized removal of the EDR from a vehicle would result in a civil penalty of up to $5,000 for each violation.
Certain groups criticized the Bill for its privacy implications. EDRs have been voluntarily installed in cars for several years. It is reported that at least 64% of cars surveyed in 2005 had an EDR. Data collected in EDRs has been increasingly used to investigate auto accidents and in lawsuits, but EDRs could feasibly be used to institute a “tax-by-mile” system nationwide. Such a system was not contemplated in the Bill, but has been discussed in Congress and State Legislatures.
The Bill failed to pass the House of Representatives. However the National Highway Safety Administration is expected to promulgate a rule, later this year which will require that EDRs be installed in every new car sold beginning September 1st, 2014. The rule will contain no privacy protection for car owners.
NEW LAWS
MOTOR VEHICLES
625 ILCS 5/2-610.1
P.A.97-0828 prohibits cell phone use, (including sending or recording video) within 500 feet of an emergency scene, except to communicate with police or emergency services. Signed by the governor, effective immediately.
625 ILCS 5/2-605.1
P.A.97-0830 forbids drivers in a construction zone from using a cell phone. Use of voice operated mode and headsets are accepted. Signed into law by the Governor, effective January 1st, 2013.
626 ILCS 5/2-500; 625 ILCS 5/2-526; 625 ILCS 5/6-527
P.A.97-0829 forbids a driver from using a handheld cell phone (for talking, texting or websites) while driving a commercial vehicle. There are exceptions such as using a voice operated phone for communicating with emergency or police services. Effective January 1st, 2013.
Temporary Visitor Driver’s License
625 ILCS 5/6-601
Passed 1-28-13; Effective 10-28-13
Amends the Illinois Vehicle Code to allow the Secretary of State to issue temporary visitor’s driver’s licenses to applicants who: (1) have resided in this State for more than a year; (2) are ineligible to obtain a social security number; and (3) who are unable to present documentation issued by the United States Citizenship and Immigration Services authorizing the person’s presence in this country.
The license is valid for 3 years from date of issuance. The license is invalid if the holder is unable to provide proof of liability insurance when requested by a law enforcement officer.
The licenses will be visually different with a blue background as opposed to a red background. The license may not be accepted as proof of identity and cannot be used for boarding planes, voting or purchasing a gun.
Rules are still being finalized for issuance to commence November 28, 2013.
EMPLOYMENT LAW
Amendment to §10 of Right to Privacy in the Workplace Act
820 ILCS 55
Passed 8-1-2012; Effective 1-1-2013
The amendment prohibits employers from requesting that employees and prospective employees provide personal identifiers for social networking sites and from forcing, without revealing their passwords, employees and prospective employees to display portions of their social networking profiles for review.
Employers retain the authority to maintain lawful workplace policies concerning the use of electronic equipment, the Internet, email and social networking sites. It protects employers’ rights to obtain information about employees and prospective employees that exists in the “public domain.”
An employee or prospective employee alleging a violation may file a complaint with the Illinois Department of Labor. The IDOL is authorized to investigate and resolve the complaint. If the IDOL finds a violation and is unable to resolve the complaint, the IDOL may commence an action to compel compliance in circuit court. If the IDOL fails to resolve or commence an action, the aggrieved employee or prospective employee may bring a private action in circuit court. A prevailing aggrieved employee or prospective employee shall be awarded actual damages and costs. A willful and knowing violation may subject the employer to a penalty of $200.00 plus costs, the complainant’s reasonable attorney’s fees and actual damages.
The link to find bills is http://www.ilga.gov/legislation/default.asp
Six municipalities along the 159th Street Corridor have been collaborating on a long-term vision for physical improvements and a common marketing strategy for 159th Street , and are now seeking public input through an on-line survey…Click here to read full article.
Take Action! Make Your Voice Heard!
Contact your Federal, State, and Local elected representatives and let them know how you feel.
http://www.house.gov
http://www.senate.gov/general/contact_information/senators_cfm.cfm?State=IL
http://www.ilga.gov
http://www.orland-park.il.us
For More Information and To Get Involved:
http://www.illinois.gov
Illinois Chamber of Commerce
http://www.friendsoftheuschamber.com
OPACC
The OPACC Legislative & Government Affairs Committee is dedicated to the following:
Strengthening the relationship between the Chamber and the Village of Orland Park as well as other Local, State, and Federal government bodies and representatives.
Keeping our membership informed of legislation and projects that will affect business in the local area.
Do you know of an upcoming event, political issue, piece of legislation, or transportation issue that is valuable to share with OPACC members? Please contact Committee Chairperson Michael Buck at (708) 925-9136.
Members of the Legislative Committee presented “New Year, New Laws” an annual Legislative Update held during the Monthly Membership Meeting on January 25 at Peace Village in Palos Park. For an outline of the presentation covering new laws and initiatives of impact to local businesses, click here.