The Latest Regulatory & Legislative News for Illinois CPAs
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Capitol Dispatch
Marty Green's Legislative Update
SEPTEMBER: Governor Takes Action Ahead of General Election
Less than 40 days remain until Illinois' Nov. 6 General Election, and early voting has already started. Don't forget to exercise your right to vote. Your participation and involvement in grassroots advocacy, advancing voter literacy, and the electoral process is key in moving our state and country forward.

In other news, the governor and his staff have acted on the 600-plus bills passed during the spring legislative session. The governor vetoed 75 bills; 46 were a total veto and 29 were amendatorily vetoed. The legislature will convene on Nov. 13 to begin a six-day veto session to revisit these bills.

Due to the large number of bills passed this spring, I encourage you to review our live legislative tracking reports for general and tax legislation below and review the General Assembly's Bi-Partisan Legislative Reference Unit's "First Reading," which identifies by category major bills.

I have enjoyed visiting with many of you at chapter meetings in recent weeks and I appreciate your input on matters of concern. As always, I will work to keep you updated on legislation impacting the profession.

Last, if you have not already renewed your Illinois CPA license, you need to do so by Sept. 30.
General Bills Tax Bills Public Acts GA Updates
Governor Signs Legislation to Use State Investment Income to Pay Bill Backlog
SB 2858 will allow the state treasurer's office to invest in the state's unpaid receivables. In doing so, late bills will be paid quicker, allowing the state to avoid interest penalties. Status: P.A. 100-1107, effective 8/27/18.
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Governor Vetoes Expansion of Human Rights Act to Small Employers
HB 4572 amends the Illinois Human Rights Act to redefine "employer" to include any employer who employs one person (currently 15) within Illinois during 20 or more calendar weeks for the Human Rights Act to apply. The basis of the governor's veto was for state law to mirror federal law enforced by the U.S. Equal Employment Opportunity Commission. Status: Reconsideration by the House during veto session.
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Governor Amendatorily Vetoes Secure Choice Mandatory Employee Retirement Savings Program
HB 4923 expanded 2014 legislation mandating private sector employers with 25 employees to provide either a retirement plan or participate in the state's Secure Choice Plan. The amendatory veto changed the wording of mandatory requirements for employers to participate to a choice to participate. The basis of the veto was the program's viability under federal law. The governor cited various economic analysis on the effects and unintended consequences of such mandatory programs and the relationship between state programs to federal ERISA law. Status: Reconsideration by the House during veto session.
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Governor Vetoes Legislation Barring Employers From Requesting Salary History
HB 4163 prohibits employers from asking job candidates about their salary history and urges the General Assembly to incorporate business-friendly amendments. The governor's veto message stated: "I am committed to eliminating the gender wage gap and I strongly support wage equality." The basis of the veto was a preference to duplicate Massachusetts's model, which allows employers to seek pay history after they have offered a candidate the job and salary. Status: Reconsideration by the House during veto session.
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Illinois Supreme Court Upholds Hospital Property Tax Exemptions
The Illinois Supreme Court in Oswald v. Hammer, 2018, IL 122203 held that Section 15-86(c) of the Illinois Property Tax Code that provides for property tax exemptions for not-for-profit hospitals is not unconstitutional.
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Illinois Supreme Court Negates Attorneys' Fees in False Claims Act Qui Tam Actions
The Illinois Supreme Court in People ex rel. Schad, Diamond & Shedden, P.C. v. My Pillow held that a law firm that represents itself in an action under the False Claims Act is not entitled to attorneys' fees. Prospectively, this holding will prevent law firms who serve as a complainant in a qui tam action from receiving a percentage share of an award as granted by the Circuit Court to compensate it for its effects and additional attorneys' fees above and beyond the court's award.
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IRS Issues Guidance on Deductibility of Business Taxpayer Payments
The recently issued guidance explains that business taxpayers that make certain business-related payments to charities or government entities generally can deduct the payments as business expenses.
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Illinois Department of Revenue Issues Guidance on Wayfair
The emergency regulation requires remote sellers having (1) $100,000 or more in gross receipts in Illinois from the sale of tangible personal property, or (2) 200 or more separate transactions for the sale of tangible personal property to purchasers in Illinois, to register with the department to collect and remit use tax effective Oct. 1, 2018.
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IDFPR Division of Real Estate Issues Rights and Responsibilities of Condo Association Boards
The division published the "Rights and Responsibilities of Condo Association Board Members" to clearly explain the legal responsibilities of condominium and common interest community property boards. In the past several years, the Illinois General Assembly has passed legislation affecting condo associations and their governing boards.
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A Spring of Missed Opportunities
The chance to make great change in the spring legislative session has come and gone.
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2019 State Budget Analysis Released
The non-partisan General Assembly Commission on Government Forecasting and Accountability has issued its analysis of the FY 2019 State Operating Budget as required by law.
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