Local Government Law

(Barickman, R-Bloomington) provides a means for correcting inadvertent failures to correctly name necessary parties in actions for administrative review, which are called misnomers.

(1) It amends the Administrative Procedure Act (APA) to mandate that final administrative orders list all of the parties of record together with their last known address of record. The final order must also include whether there are any agency rules requiring a motion for reconsideration as a part of obtaining a reviewable final administrative decision and, if so, the rules citation. 

(2) It amends the ARL to prohibit an action for administrative review to be dismissed for lack of jurisdiction based on the misnomer of any agency that is properly served with summons issued in the action within the applicable time limits. It also prohibits dismissal for failure to perfectly name an agent if a timely action of administrative review has been filed that identifies the final administrative decision under review and makes a good faith effort to properly name the administrative agency.

(3) It amends the ARL to allow a court to correct misnomers for an erroneous identification of the administrative agency.

Senate Bill 584 passed out of Senate Judiciary Committee yesterday but will receive some tweaking amendments. 

(Jones, D-Calumet City) provides that any attorney who has two or more clients that are units of local government, the attorney shall perform an annual audit of all: (1) fees and charges billed to, and paid by, each unit of local government client; (2) referral fees paid by the attorney to a person or business for the referral of a unit of local government to the attorney; and (3) referral fees paid to the attorney for referring a unit of local government to another attorney. House Bill 728 was just introduced. 

(Barickman, R-Bloomington) provides a means for correcting inadvertent failures to name necessary parties in actions for administrative review.

(1) It amends the Administrative Procedure Act (APA) to mandate that final administrative orders list all of the parties of record together with their last known address of record. The final order must also include whether there are any agency rules requiring a motion for reconsideration as a part of obtaining a reviewable final administrative decision and, if so, the rules citation. 

(2) It also amends the APA to allow service by electronic mail if agreed to by the parties in contested cases.  

(3) It amends the Administrative Review Law (ARL) in the Code of Civil Procedure to state that this Article is to be liberally construed in the interests of justice to grant an orderly method of judicial review of administrative agency decisions.

(4) It amends the ARL to prohibit an action for administrative review to be dismissed for lack of jurisdiction based on the misnomer of any agency that is properly served with summons issued in the action within the applicable time limits. It also prohibits dismissal for failure to perfectly name an agent if a timely action of administrative review has been filed that identifies the final administrative decision under review and makes a good faith effort to properly name the administrative agency.

(5) It amends the ARL to allow a court to correct misnomers for an erroneous identification of the administrative agency.

Senate Bill 584 was just introduced.

(Hutchinson, D-Chicago Heights) creates the Business Opportunity Tax that imposes a tax on all entities that issue a Form W-2 or a Form 1099 to a resident of Illinois. It imposes a sliding scale of taxation based on the employer’s total Illinois payroll as follows. (1) if the taxpayer’s total Illinois payroll for the taxable year is less than $100,000, then the annual tax is $225; (2) if the taxpayer’s total Illinois payroll for the taxable year is $100,000 or more but less than $250,000, then the annual tax is $750; (3) if the taxpayer’s total Illinois payroll for the taxable year is $250,000 or more but less than $500,000, then the annual tax is $3,750; (4) if the taxpayer’s total Illinois payroll for the taxable year is $500,000 or more but less than $1,500,000, then the annual tax is $7,500; and (5) if the taxpayer’s total Illinois payroll for the taxable year is $1,500,000 or more, then the annual tax is $15,000.

The following are exempt from taxation under this Act: (1) governmental employers described in Section 707 of the Illinois Income Tax Act; and (2) not-for-profit corporations that are exempt from taxation under Sections 501(c) or 501(d) of the Internal Revenue Code or organized under the General Not For Profit Corporation Act of 1986. Senate Amendment No. 2 becomes the bill and was just filed. It is part of the “grand bargain” being attempted by Senate leaders.