REPORT OF THE COMMITTEE ON FINANCE

 

February 9, 2007

 

The Honorable,

The Board of Commissioners of Cook County

 

ATTENDANCE

 

Present:

Chairman Daley, Vice Chairman Sims, Commissioners Beavers, Butler, Claypool, Collins, Goslin, Maldonado, Moreno, Murphy, Peraica, Quigley, Schneider, Silvestri, Steele and Suffredin (16)

 

Absent:

Commissioner Gorman (1)

 

Also Present:

Barbara BrunoDirector, Cook County Department of Revenue; Patrick T. Driscoll, Jr. – Deputy State’s Attorney, Chief, Civil Actions Bureau; John Fallon – Special Assistant to the Assessor, Cook County Assessor’s Office; Thomas J. GlaserChief Financial Officer, Bureau of Finance; Jay RutiliSpecial Assistant to the Sheriff; Matthew WalshDeputy Chief of Administration, Cook County Sheriff’s Police

 

Court Reporter:   Anthony W. Lisanti, C.S.R.

 

Ladies and Gentlemen:

 

        Your Committee on Finance of the Board of Commissioners of Cook County met pursuant to notice on Friday, February 9, 2007 at the hour of 10:00 A.M. in the Board Room, Room 569, County Building, 118 North Clark Street, Chicago, Illinois.

 

        Your Committee has considered the following items and, upon adoption of this report, the recommendations are as follows:

 

284782

COOK COUNTY ASSESSOR’S OFFICE DATABASE FEES (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Elizabeth “Liz” Doody Gorman, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

COOK COUNTY ASSESSOR’S OFFICE DATABASE FEES

 

NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 2, Article IV, Section 2-315 is hereby enacted as follows:

 

Division 7.  Assessor

 

Sec. 2-315.  Cook County Assessor’s Office database fee.

 

(a)  Definitions.

 

(b)  Fee Imposed. 

 

(c)  Agreement Form. 

 

(d)    Fee Requirements. 

 

(e)    Effective Date. 

 

*Referred to the Committee on Finance on 02-06-07.

 

Commissioner Silvestri stated that this is a fee for a service that we are currently providing for free, and that it will generate approximately $1 million per year.

 

Commissioner Suffredin voiced his approval of this item and stated that the County should have been licensing these databases in the past.  He further stated that this item was part of Assessor Houlihan’s proposed revenue projections.

 

Chairman Daley inquired of John Fallon, Special Assistant to the Assessor, Cook County Assessor’s Office, whether this $1.1 million revenue estimate was discussed with Comptroller Knorr.

 

Mr. Fallon stated that he did attempt to reach Mr. Knorr prior to his departure.  He further stated that he met with the Budget Department yesterday.

 

Barbara Bruno, Director, Cook County Department of Revenue, stated that the Department of Revenue had not analyzed any of these numbers.

 

Mr. Fallon stated that the figures are generated by a conservative estimate of eight users at $60,000 and twenty users at $30,000.

 

Chairman Daley stated that if this expected revenue is not generated in full, the balance will be removed from the Cook County’s Assessor’s budget.

 

Mr. Fallon replied that he and his colleagues are very confident that all projected revenue will be generated.  He further stated that the Assessor’s Office is preparing to use some of this projected revenue toward meeting the 17% budget cuts.

 

Chairman Daley asked leave to add all Commissioners as co-sponsors.

 

Commissioner Silvestri, seconded by Commissioner Murphy, moved that the Ordinance (Communication Number 284782) be approved and adopted.  The motion carried.

 

284783

COOK COUNTY INTER-TRACK WAGERING LOCATION FACILITY ENTRANCE FEE (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Deborah Sims and Jerry Butler, County Commissioners.

 

PROPOSED ORDINANCE

 

COOK COUNTY INTER-TRACK WAGERING LOCATION

FACILITY ENTRANCE FEE

 

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 54, Article VII, Sections 54-330 through 54-335 are hereby enacted as follows:

 

Article VII. Wagering Location Facility Entrance Fee

 

Sec. 54-330. Title.

 

Cook County Inter-Track Wagering Location Facility Entrance Fee.

 

Sec. 54-331. Fee Imposed.

 

A $1, per person, admission fee to inter-track wagering location facilities that are located within incorporated Cook County, as authorized by section (f) of 230 ILCS 5/27.  A $2 per person admission fee to inter-track wagering location facilities located within unincorporated Cook County, as authorized by section (f) of 230 ILCS 5/27.

 

Sec. 54-332. Fee Requirements.

 

The inter-track wagering location licensee shall collect the Cook County Inter-Track Wagering Location Facility Entrance Fees and, pursuant to section (f) of 230 ILCS 5/27, within 48 hours remit the fees to the Illinois Racing Board, which shall, pursuant to rule, cause the fees to be distributed to the Cook County Department of Revenue.

 

Sec. 54-333.  Use of Fee Revenue.

 

The revenue generated from the Cook County Inter-Track Wagering Location Facility Entrance Fee shall be used for the purpose of funding the Cook County Bureau of Health Services.

 

Sec. 54-334.  Rules and Regulations

 

The Cook County Department of Revenue may promulgate reasonable rules, definitions and regulations necessary to carry out the duties imposed upon it by this Ordinance.

 

Sec. 54-335.  Effective date.

 

This Ordinance shall be effective upon its passage by the Cook County Board of Commissioners.

 

Secs. 54-326 – 54-329.  Reserved.

 

*Referred to the Committee on Finance as amended on 02-06-07.

 

Commissioner Silvestri inquired how this entry fee relates to other municipalities with betting facilities.

 

Ms. Bruno replied that the Illinois Compiled Statutes allow a local municipality and county to collectively levy two dollars.  She further stated that, to her knowledge, the City of Chicago is the only municipality that is currently charging one dollar.

 

Patrick Driscoll, Deputy State’s Attorney, Chief, Civil Actions Bureau, further clarified that both the municipality’s levy and the County‘s levy are capped at one dollar each.

 

Ms. Bruno read the following excerpt from the Illinois Compiled Statutes:  “Any municipality or County that has a board-licensed inter-track wagering location, board-licensing meaning the Illinois Racing Board, a facility wholly within its corporate boundaries, may each impose an admission fee not to exceed one dollar per admission to such inter-track wagering location facility, so that a total of not more than two dollars per admission may be imposed.”

 

Commissioner Goslin inquired if the revenue would be routed to the Cook County Bureau of Health Services.

 

Tom Glaser, Chief Financial Officer, replied that this can be done, but that if the revenue were sent to the general fund, it could instead be allocated according to need.

 

Commissioner Schneider voiced the following reasons that the tax would prove detrimental to the County:  The levy would act as a disincentive to OTB patrons at a time when the industry is already in decline.  With loss of patrons, related spending would decline (in areas such as meals and alcoholic beverages).  This would result in lower sales tax revenue for the County.

 

Commissioner Beavers inquired whether there was anyone present from the racing industry.

 

Chairman Daley responded that the Secretary had informed him that there was not.

 

Commissioner Butler, seconded by Commissioner Goslin, moved to amend Section 54-333, such that the fees shall be used for the purpose of the General Fund.  The motion to amend carried.  Commissioner Schneider voted no.

 

Chairman Daley asked leave to add all Commissioners as co-sponsors, with the exception of Commissioner Schneider.

 

Vice Chairman Sims, seconded by Commissioner Butler, moved that the proposed ordinance (Communication Number 284783) be approved and adopted, as amended.  The motion carried.  Commissioner Silvestri voted present, and Commissioners Peraica and Schneider voted no.

 

284784

AN AMENDMENT TO CHAPTER 32 FEES (ENVIRONMENTAL CONTROL) (PROPOSED ORDINANCE AMENDMENT).  Submitting a Proposed Ordinance Amendment sponsored by Mike Quigley, County Commissioner; Co-Sponsored by Gregg Goslin, Roberto Maldonado and Joan Patricia Murphy, County Commissioners.

 

The following is a synopsis of the Proposed Ordinance Amendment:

 

PROPOSED ORDINANCE AMENDMENT

 

AN AMENDMENT TO CHAPTER 32 FEES (ENVIRONMENTAL CONTROL)

 

WHEREAS, Cook County is a home rule unit of local government pursuant to Article 7, Section 6a of the Illinois Constitution of 1970 with power to regulate those matters which pertain to its government and affairs; and

 

WHEREAS, the Cook County Department of Environmental Control enforces the Environmental Control Ordinance, which regulates air pollutants, noise, vibration, indoor asbestos abatement, and solid waste management; and

 

WHEREAS, the Department of Environmental Control charges fees to offset the cost of inspecting and permitting regulated activities and to encourage the prudent use of natural resources; and

 

WHEREAS, the costs of operating the Department of Environmental Control and the public health costs of air-pollution-related illnesses have grown in recent years, while the fees charged by the Department of Environmental Control have not changed in more than a decade; and

 

WHEREAS, fees for similar services charged by the City of Chicago and State of Illinois are significantly higher than the fees currently charged by Cook County.

 

NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 32 of the Cook County Code is hereby amended as follows:

 

Sec. 32-1.  Fee Schedule.

 

Effective Date:  This Ordinance shall take effect upon passage.

 

*Referred to the Committee on Finance as Amended on 02-06-07.

 

Commissioner Quigley delivered the following remarks:  Donna Dunnings, Budget Director, submitted a letter dated February 5, 2007 to Commissioner Goslin, which included a fee study that was completed some time ago.  Environmental Control has not increased its fees since 1973.  This fee would generate an additional $5.6 million per year.  In a memorandum addressed to Chairman Daley, Kevin Givens, the Director of the Cook County Department of Environmental Control, has released an up-to-date adjustment.  His estimate for the fiscal year 2007 is $3,353,713.  For a full year it would be closer to $4 million.  This fee is long overdue and is not burdensome.

 

Commissioner Quigley, seconded by Commissioner Goslin, moved that the proposed ordinance (Communication Number 284784) be approved and adopted.  The motion carried.

 

284785

ORDINANCE REGARDING CHAPTER 58, ARTICLE V, SECTION 164 REGARDING MOTOR VEHICLES, SEIZURE AND IMPOUNDMENT (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Larry Suffredin, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

 

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 58, Article V, Section 164 is hereby enacted as follows:

 

Section 58-164.  Motor Vehicles, Seizure and Impoundment.

 

(a)        Definitions.

(b)        Owner liability; exceptions.

(c)        Seizure and impoundment.

(d)        Vehicle impoundment hearing.

(e)        Notification of impoundment; hearing scheduled; failure of owner to appear; determination; penalty

(f)         Administrative penalty constitutes debt owing to County.

 

Section 58-165.  Qualified Violations for Impoundment.

 

*Referred to the Committee on Finance on 02-06-07.

 

Commissioner Suffredin stated that the ordinance would create an impoundment fee schedule which would generate just under $1 million per year, based upon the number of cars that are impounded.

 

Commissioner Beavers inquired how this ordinance relates to the Illinois Motor Vehicle Code.

 

Matthew Walsh, Deputy Chief, Cook County Sheriff’s Police, replied that this ordinance is consistent with Illinois law.

 

Commissioner Beavers inquired as to the process of impoundment.

 

Mr. Walsh replied:  The County works with twenty-one towing companies, which charge a fee of $130 to $150.  Various other municipalities charge impound fees ranging up to $500.  Cook County would have a twenty-four-hour patrol desk where the individual would pay a $500 fee and obtain a receipt.  The individual would then go to the tow yard during regular business hours to retrieve the vehicle.

 

Commissioner Murphy asked for clarification of the term “curfew” included in the ordinance.

 

Commissioner Suffredin replied that this category of offense was removed from the ordinance in a proposed amendment.

 

Commissioner Quigley noted that Mr. Givens had just informed him that the projected revenue for the current year from the proposed fee increase is $1.2 million.

 

Commissioner Collins voiced concern that the County does not have the resources to conduct administrative hearings for impoundment.

 

Commissioner Suffredin replied that this would be done through the existing court system, with the County’s courtrooms, State’s Attorney personnel, with a judge presiding.

 

Commissioner Butler voiced concern that the ordinance does little to address the situation where an individual is driving the car without the knowledge of the owner.

 

Commissioner Silvestri made the following remarks:  The ordinance exempts stolen vehicles which are reported to the police within twenty-four hours.  The ordinance also exempts the situation where a violation occurred without the knowledge of the person who controls the vehicle.  There is an impoundment hearing, at which the owner can make a case for the vehicle to be released and the fee waived.

 

Mr. Walsh stated:  The vehicle owner has a right, within twelve hours, to request a vehicle impoundment hearing.  If the vehicle is stolen, it will be returned to the owner-of-record immediately; no fees will be charged and the towing fee will be waived.

 

Commissioner Silvestri inquired whether the ordinance gives the Sheriff’s Office the authority to waive the fee if the vehicle owner cannot afford to pay it.

 

Commissioner Suffredin replied in the negative.

 

Vice Chairman Sims suggested that it would be economical for the County to develop the capability of in-house towing and impounding.

 

Commissioner Steele urged that the County be more aggressive in obtaining profit sharing with the towing companies, which in some cases obtain salvage title and then profit from the sale of the cars.

 

Commissioner Claypool echoed this sentiment.

 

Commissioner Suffredin, seconded by Commissioner Silvestri, moved that the proposed ordinance (Communication Number 284785) be approved and adopted.

 

PROPOSED AMENDMENT TO COMMUNICATION NUMBER 284785

 

Sponsored by Larry Suffredin, Cook County Commissioner

 

In Sec. 58-164(b), should read as follows:

 

The owner of record of any motor vehicle which vehicle is used during the commission of any of that violates any of the qualified violations as set forth in Section 58-165 shall be liable to the County for an administrative penalty of $500.00 plus any towing and storage fees applicable under this division. Any such vehicle shall be subject to seizure and impoundment pursuant to this division. This subsection shall not apply if

 

In Sec. 58-165, Qualified Violations for Impoundment, delete the following text:

 

720 ILCS 551/1           Curfew

720 ILCS 555/2           Curfew

 

Commissioner Suffredin, seconded by Commissioner Silvestri, moved that the amendment to the proposed ordinance be approved.  The motion carried.  Commissioners Beavers, Butler, and Claypool voted no.

 

On the motion to approve and adopt the proposed ordinance (Communication Number 284785) as amended, Commissioner Butler called for a Roll Call, the vote of yeas and nays being as follows:

 

ROLL CALL ON MOTION TO APPROVE THE PROPOSED ORDINANCE

(COMMUNICATION NUMBER 284785) AS AMENDED

 

Yeas:

Chairman Daley, Commissioners Claypool, Goslin, Murphy, Steele and Suffredin (6)

 

Nays:

Commissioners Beavers, Butler, Collins, Peraica and Schneider (5)

 

Present:

Commissioner Maldonado, Silvestri, and Vice Chairman Sims (3)

 

Absent:

Commissioners Gorman, Moreno and Quigley (3)

 

The motion to approve as amended CARRIED.

 

284786

ORDINANCE REGARDING CHAPTER 54, ARTICLE VII, SECTION 330, POLICE ALARM SYSTEMS (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Larry Suffredin, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

 

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 54, Article VII, Section 330 is hereby enacted as follows:

 

Section 54-330.   Police Alarm Systems.

 

Section 54-331.   Definitions.

 

Section 54-332.   Permit Required.

 

Section 54-333.   Permit Application.

 

Section 54-334.   Alarm Activation at Premises Where An Alarm Permit Has Not Been Issued.

 

Section 54-335.   Updating Alarm User Application.

 

Section 54-336.   Transfer of Alarm User Permit Prohibited.

 

Section 54-337.   Audible Alarm System Requirements.

 

Section 54-338.   Automatic Dialing Telephone Alarm Requirements.

 

Section 54-339.   False Alarms Prohibited.

 

Section 54-340.   Falser Alarms; Fines; Notifications.

 

Section 54-341.   Permit Revocation.

 

Section 54-342.   Testing Equipment.

 

Section 54-343.   No Liability of County.

 

*Referred to the Committee on Finance on 02-06-07.

 

 

Commissioner Suffredin introduced the following amendments to the proposed ordinance:

 

PROPOSED AMENDMENTS TO COMMUNICATION NUMBER 284786

 

Sponsored by Larry Suffredin, Cook County Commissioner

 

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 54, Article VII, Section 330 is hereby enacted as follows:

 

Sec. 54-330.   Police Alarm Systems

 

            Purpose and Intent: This ordinance is adopted for the purpose of regulating and permitting alarm systems to which the Sheriff’s police are expected to respond.

 

Sec. 54-331.   Definitions

 

ALARM AGENT: Any person employed by, working for, representing, or subcontracted by an alarm company.

 

ALARM COMPANY: The business by any person, firm, partnership, corporation, association, organization, company, or other entity of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved, or installed in or on any building, structure or facility.

 

ALARM SYSTEM: Any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of any actual or attempted burglary or robbery to which the police are expected to respond.

 

ALARM USER: A person(s), firm, partnership, corporation, association, organization, company, or other entity in control of a premises where an alarm system is located.

 

AUDIBLE ALARM: An alarm system or device that generates an audible sound.

 

AUTOMATIC DIALING DIGITAL ALARM COMMUNICATOR SYSTEM: A system in which signals are transmitted from a digital alarm communicator transmitter located at a protected premises through the public switched telephone network to a digital alarm communicator receiver at a central alarm station or the Sheriff’s Police Department alarm monitoring system.

 

AUTOMATIC DIALING TELEPHONE ALARM: A device that automatically dials any of the Sheriff’s Police Department emergency communications center telephone lines, without human activation of the device by the alarm user or employee of the alarm user, upon detection of an illegal entry or other illegal activity at a protected premises.

 

CALENDAR YEAR: A twelve (12) month period beginning January 1 and ending December 31 every year.

 

CENTRAL ALARM STATION: A system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded at, or maintained and serviced from a place of business having trained alarm operators in attendance at all times.

 

CHIEF OF POLICE: The Cook County Sheriff’s Chief of Police or his/her designee.

 

COUNTY:  Cook County

 

FALSE ALARM: Activation or transmission of any alarm signal caused by human error, mechanical or electronic malfunction, negligence of the alarm user or alarm user's employee, whether or not the exact cause of the alarm activation is determined, or any other activation or transmission of any alarm signal where no actual or attempted burglary or robbery exists. Severe weather, power outages, transmission line malfunctions, acts of God, malicious acts of persons not under the control of the alarm user, or any other cause clearly beyond the control of the alarm user will be considered in determining if an alarm activation was false and whether or not any occurrence, fine, warning or other punitive action will be taken against the alarm user as provided for by this Chapter.

 

NOTICE: Written notice given by personal service upon the addressee, or, given by the United States Postal Office, postage paid, to the addressee's last known mailing address.

 

PERMITTEE: Any person, firm, partnership, corporation, association, organization, company, or other entity issued an alarm permit by the County.

 

PERSON: A natural person, or a firm, partnership, corporation, association, organization, company, or other entity.

 

PRERECORDED TELEPHONE MESSAGE: Any prerecorded voice message transmitted or received over a telephone line.

 

PROTECTED PREMISES: Any building, structure, or facility where an alarm system is installed to signal the occurrence of any actual or attempted burglary or robbery to which the police are expected to respond.

 

SHERIFF POLICE DEPARTMENT RESPRESENTATIVE:   Chief of Cook County Sheriff’s Police Department or his/her designee.

 

Sec. 54-332.   Permit Required

 

A. It is unlawful for any person, firm, partnership, corporation or other legal entity to use, own or lease an alarm system or to be in control of a premises wherein an alarm system is operated or maintained without having first obtained a permit as provided in this Chapter.

 

B. It is unlawful for any person, firm, partnership, corporation or other legal entity to use, own or lease an alarm system or to be in control of a premises wherein an alarm system is operated or maintained when a permit therefor has been revoked.

 

C. A permit must be obtained from the Department of Revenue for each separately addressed operating location.

 

D. A $100.00 annual fee shall be charged to businesses within unincorporated Cook County to obtain an alarm user permit.

 

E.         The annual fee shall be due on January July 1st of each year or as determined by the Department of Revenue in consultation with the Cook County Sheriff’s Police Department.

 

F.         For the period from the effective date of this Ordinance to the date of the first due date for payment of the required annual permit fee subsequent to such effective date, a permit is not required  for an Alarm System installed at a Protected Premises prior to the effective date of this Ordinance.

 

Sec. 54-333.   Permit Application

 

A. Each applicant for a permit to maintain an alarm system shall file a written application with the Department of Revenue stating:

 

1. The full legal name, address, and telephone number of the applicant.

 

2. The name, address and telephone number of the premises where the alarm system is located.

 

3. The type of alarm system at the protected premises.

 

*           *           *

 

Chairman Daley inquired as to the projected revenue from the proposed ordinance.

 

Commissioner Suffredin replied:  The County can anticipate $100,000 in permit fees, but the number of false alarms would determine the remaining amount.  Last year there were 1,000 false alarms.

 

Commissioner Steele voiced concern that the $100 permit fee might discourage usage; he suggested a lower fee.

 

Commissioner Beavers noted that one problematic situation is where the alarm goes off, the Sheriff’s Office responds, the Sheriff’s Office determines there was no burglary, and then the homeowner or business owner arrives the next morning to find that a burglary did occur.

 

Commissioner Suffredin replied that, as stated on page two of the Ordinance, this situation is not considered a false alarm.

 

Commissioner Beavers stated that several false alarms should be permitted (instead of only one) before fees are imposed.

 

Commissioner Schneider inquired whether homeowners are required to buy a permit.

 

Commissioner Suffredin replied in the negative.

 

Commissioner Schneider inquired as to what municipalities charge for permits and false alarms.

 

Jay Rutili, Special Assistant to the Sheriff, replied that other municipalities, the Illinois Association of Police Chiefs, and entities throughout the United States all recommend this type of Ordinance.  Other municipalities charge less than $100 for a permit, but there is more travel time involved with the Sheriff’s Police, so a higher fee is appropriate.

 

Commissioner Collins inquired whether a fee is involved in the case of a homeowner’s false alarm(s).

 

Commissioner Suffredin replied:  There are not a significant number of residents in unincorporated Cook County that would be affected.  There may, however, come a time in the future when an amendment including residents would be appropriate.

 

Commissioner Steele voiced concern over the protection of home-based businesses.

 

Commissioner Suffredin, seconded by Commissioner Silvestri, moved that the amendments to the proposed ordinance be approved.  The motion carried.  Commissioner Steele voted present, and Commissioners Butler, Goslin, and Peraica voted no.

 

Commissioner Suffredin, seconded by Commissioner Silvestri, moved that the ordinance (Communication Number 284786) be approved and adopted, as amended.  The motion carried.  Commissioner Steele voted present, and Commissioners Butler, Goslin, Peraica and Schneider voted no.

 

284787

COOK COUNTY SULFUR DIOXIDE EMISSION TAX (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Roberto Maldonado, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

COOK COUNTY SULFUR DIOXIDE EMISSION TAX

 

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

 

SECTION 1    SHORT TITLE.

 

SECTION 2    DEFINITIONS.

 

SECTION 3    TAX IMPOSED.

 

SECTION 4    DEPOSIT OF TAX PROCEEDS.

 

SECTION 5    TAX IN ADDITION TO OTHER TAXES.

 

SECTION 6    RULES AND REGULATIONS AUTHORIZED.

 

SECTION 7    REGISTRATION & REPORTING.

 

SECTION 8    PENALTIES.

 

SECTION 9    EFFECTIVE DATES.

 

SECTION 10  SEVERABILITY.

 

*Referred to the Committee on Finance on 02-06-07.

 

Commissioner Maldonado noted that he had circulated several amendments to the proposed ordinance.

 

Commissioner Suffredin inquired as to the County’s means of measurement.

 

Commissioner Maldonado replied:  The County would be utilizing methods established by the United States Environmental Protection Agency.  The companies would have to submit a biannual report disclosing their emission levels.  He noted that two coal-fired power plants located in Chicago will qualify; they currently emit more than 2500 tons per year in sulfur dioxide.

 

Commissioner Suffredin, seconded by Commissioner Butler, moved to amend the proposed ordinance by striking Section Four.  The motion to amend carried. Commissioner Goslin voted no on the motion to amend.

 

Commissioner Suffredin inquired whether the administration and the Department of Revenue are comfortable with this ordinance, in terms of collecting a fee.

 

Ms. Bruno replied in the affirmative.  She further stated that the Department questioned whether or not it would be considered an occupation tax, and therefore the amendment employs the term, “fee.”

 

Chairman Daley requested that Mr. Driscoll look into the issue of whether this ordinance is a fee or a tax.

 

Mr. Driscoll replied that he would have an opinion on the matter by next Thursday.

 

Commissioner Schneider voiced concern that the two entities which would effectively be taxed by this ordinance were not invited to the meeting.

 

Chairman Daley asked the Secretary to the Board to call upon the registered public speakers.

 

1.       Dorian Brewer – Membership Steward, Pilsen Green Party

2.       Brian Urbaszewski – Director of Environmental Health Programs, American Lung Association of Metropolitan Chicago

3.       Rebecca Stanfield – Director, Environment of Illinois

 

Commissioner Quigley asked leave to add Commissioners Collins, Murphy and Quigley as co-sponsors.

 

Commissioner Peraica voiced concern that under Home Rule Authority, Cook County might not be permitted to enact this tax.

 

Commissioner Maldonado, seconded by Commissioner Suffredin, moved to defer consideration of the proposed ordinance (Communication Number 284787), as amended.  The motion carried. 

 

284788

COOK COUNTY MOTOR VEHICLE WEIGHT TAX (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Roberto Maldonado, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

COOK COUNTY MOTOR VEHICLE WEIGHT TAX

 

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

 

SECTION 1.   SHORT TITLE.

 

SECTION 2.   DEFINITIONS.

 

SECTION 3.   TAX IMPOSED; EXEMPTIONS.

 

SECTION 4.   COLLECTION OF TAX BY RETAILER.

 

SECTION 5.   COLLECTION OF TAX BY DEPARTMENT.

 

SECTION 6.   BOOKS AND RECORDS.

 

SECTION 7.   REGISTRATION OF OWNERS AND OPERATORS.

 

SECTION 8.   RULE MAKING.

 

SECTION 9.   PENALTIES.

 

SECTION 10. TRANSMITTAL OF EXCESS TAX COLLECTIONS.

 

SECTION 11. SEVERABILITY.

 

SECTION 12. CONFIDENTIALITY.

 

SECTION 13. EFFECTIVE DATE.

 

*Referred to the Committee on Finance on 02-06-07.

 

Commissioner Maldonado stated that this Ordinance would be a good way to recoup the cost of both the undue wear these vehicles cause to the highway system, and the health and environmental damage these vehicles cause.  He further noted that gas-efficient vehicles would be exempt from the ordinance.

 

Commissioner Collins inquired as to how this fee would be collected.

 

Commissioner Maldonado replied that the flat fee would be placed on the vehicles as they are sold for retail purchase.

 

Mr. Driscoll stated that he would characterize this as a tax.

 

Commissioner Steele stated that this fee would come as an addition to three other costs associated with owning a SUV:  increased gas consumption, increased fee for a City of Chicago vehicle sticker, and an increased insurance rate.

 

Commissioner Maldonado, seconded by Commissioner Beavers, moved that the proposed ordinance (Communication Number 284788) be approved and adopted.  On a voice vote, the motion to approve failed.

 

284789

COOK COUNTY AMMUNITION TAX (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Roberto Maldonado, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

COOK COUNTY AMMUNITION TAX

 

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

 

SECTION 1.   TITLE.

 

SECTION 2.   DEFINITIONS.

 

SECTION 3.   TAX IMPOSED.

 

SECTION 4.   PENALTIES.

 

SECTION 5.   BOOKS AND RECORDS.

 

SECTION 6.   RULES AND REGULATIONS.

 

SECTION 7.   SEVERABILITY.

 

SECTION 8.   EFFECTIVE DATE.

 

*Referred to the Committee on Finance on 02-06-07.

 

 

Commissioner Maldonado moved that the proposed ordinance (Communication Number 284789) be approved and adopted.  The motion died for lack of a second.

 

Chairman Daley asked the Secretary to the Board to call upon the final registered public speaker.

 

4.         George Blakemore – Concerned Citizen

 

Commissioner Butler moved to adjourn the meeting, seconded by Vice Chairman Sims.  The motion carried and the meeting was adjourned.

 

YOUR COMMITTEE RECOMMENDS THE FOLLOWING ACTION

WITH REGARD TO THE MATTERS NAMED HEREIN:

 

Communication Number 284782                               Approved

 

Communication Number 284783                               Approved as Amended

 

Communication Number 284784                               Approved

 

Communication Number 284785                               Approved as Amended

 

Communication Number 284786                               Approved as Amended

 

Communication Number 284787                               Deferred as Amended in Committee

 

Communication Number 284788                               Failed

 

Communication Number 284789                               Died for lack of a second

 

 

 

 

 

Respectfully submitted,

Committee on Finance

 

 

 

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John P. Daley, Chairman

 

 

Attest:

 

 

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Matthew B. DeLeon, Secretary

 

 

 

 

The transcript for this meeting is available in the Office of the Secretary to the Board, 118 North Clark Street, Room 567, Chicago, IL  60602