BAR ASSOCIATION
AGENDA
STATE AND LOCAL TAXATION SECTION COUNCIL
ISBA
20 South Clark,
312-726-8775
I. Call to Order -
II. Administrative Matters
A. Approval
of minutes from prior meeting-
The
minutes from
B. Roster
Review
The roster was reviewed and noted to be correct.
The following members were in attendance for our meeting:
James W. Chipman, Chair
John K. Norris, Vice-Chair
John G. Locallo, Secretary
Timothy E. Moran, Ex-Officio
Thomas M. Battista
Adam E. Bossov
Louise M. Calvert
Mary Ann Connelly
Mark R. Davis
Karen J. Dimond
Thomas A. Jaconetty
Steven Kandelman
Martha A. Mills
Julie A. Montgomery
Mary T. Nicolau
Dan O'Neill
William J. Seitz
Rodney C. Slutzky
Jacob M. Steinfink
Hon. Alexander P. White
Mary Therese McDermott, Staff Liaison
Excused absence:
Katherine A. Amari
Donald
T. Rubin
Allen Landmeier
C. Section
Count (Exhibit C)
The
section count was noted.
III. Legislation
A. Update on General Assembly workings - Calvert
1. Bills forwarded by
Louise Calvert presented the following bills, which the Section Council voted on. (TO BE SUBMITTED)
To view these bills, please go to www.isba.org (State & Local Taxation Section Council)(state and local tax links) under Illinois Legislative Information).
B. Legislation proposals - Mills
Martha Mills reported that HB 1489 passed (Scavenger Sale Bill).
IV. Newsletter -- Landmeier, Connelly, Kaminski
Mary Ann Connelly announced that this year, the State and Local Taxation Section Council published twelve newsletters! Mary Ann thanked the many members who have written articles for our newsletter over the years, including, Stan Kaminski (12 articles); Tim Moran (11); Judge White (9); Jim Chipman (8); Julie Montgomery (5); and Tom Jaconetty (3).
V. Continuing Legal Education
Tim Moran presented the topics for
the
VI. Standing Subcommittee Reports
A.
PTAB/Cook
No report.
B. Case Law - White (Chair)
Judge White discussed the following cases; The Dow Chemical Company v. the Department of Revenue, Sungard v. the Department of Revenue and J M Aviation v. the Department of Revenue. These cases are available on the ISBA web site, www.isba.org under our section, State and Local Taxation and heading Recent State & Local Taxation Decisions.
Stan Kaminksi, who argued the Arangold Corp. v. Zehnder before the Illinois Supreme Court, discussed the Illinois Courts' treatment of retroactive vs. prospective application of substantive and procedural legislation.
C. Membership - Battista (Chair)
Tom Battista discussed ISBA officers conference meeting with ISBA President-elect, Terry Lavin. The overall ISBA budget is currently running at a deficit, so the membership section count will determine the section council size. Tom suggested that everyone have a friend join our section council to double our size.
D. Unauthorized practice of law - Norris (Chair)
No report.
E.
Exemption Streamlining -
No report.
F. Treasurer's Issues - Seitz (Chair)
Martha Mills said the Bill Seitz was very helpful in addressing some of the issues that occur in the treasurer's office.
G. Strategic Planning - Moran (Chair) (Exhibit E)
H. Web site Development - Connelly (Chair)
Several new cases have been added to our web site. See above (V.).
VII. Liaison Reports
A. Administrative Code Re-codification - White (Chair), Montgomery, Calvert
No report.
B.
Civil Practice Section Council Liaison -
Mark Davis recommended concluding this section.
C. Local Government Liaison - Nicolau
Mary Nicolau recommended concluding this section.
D. ISBA Bar News - Norris
John Norris announced that Steve Anderson of the ISBA is writing an article on Senate Bill 620.
E. Attorney General Opinions - O'Neill
None.
VIII. Old Business
A. TIF Update - White
Nothing new to report.
B. Status of PTAB Appeals (Bosch and Lurie Cases) - Seitz
Nothing new to report.
C.
Stan Kaminski presented the following proposed language to modify Chapter 4, Sec. 4-4-150.
(1) tax . . . . includes any unpaid tax liability, [whether or not an] when a final assessment has been issued;
(6) No notice of violation or cease and desists order shall be issued by the Department while there is a pending petition properly submitted pursuant to subsection (d)(2) of this section disputing any claimed outstanding liability.
Stan requested that the section
council support this language. It was so
moved and seconded and the motion carried to support this language. Stan will submit this language to the City of
IX. New Business
Mark Davis moved that the Section Council support Amendment #1 to HB2234. The motion passed. Please note for the record that Jim Chipman and Karen Dimond abstained.
X. Future Meetings
XI. Adjournment
The meeting adjourned at or near the appointed hour.
Respectfully submitted,
John G. Locallo
Secretary