CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Approve the 2025 Legislative Priorities and proposed Legislative Review Process
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DEPARTMENT: City Manager’s Office
SUBMITTED BY: Marcie Schatz, Assistant to the City Manager
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
In 2024, the City Council established the following goals:
1. Strengthen relationships and regularly communicate priorities with legislators
2. Actively leverage and collaborate with regional partners such as DuPage Mayors and Managers Conference (DMMC), Illinois Municipal League (IML), Pension Fairness for Illinois Coalition (PFIC), Will County Governmental League (WCGL), and the Illinois Municipal Utility Agency (IMUA)
3. Work with community partners including the Chamber of Commerce
4. Formalize capital requests for state and federal grant opportunities
5. Identify the appropriate scope and opportunities for future lobbyist engagement
6. Actively monitor and support/oppose legislation
A summary of activities related to these goals is attached as Exhibit A.
The City Council also approved the 2024 Legislative Priorities (Exhibit B) which served as the basis for most of the City’s legislative activity in the past year. Our renewed efforts and increased legislative focus resulted in a number of lessons learned which are outlined below and will help as we begin 2025.
Lessons Learned
1. State and federal legislators want to understand our priorities and get feedback on bills. Specific examples and supportive data help legislators understand our perspective.
2. Now that we have established relationships with our legislators, we need to maintain those relationships.
3. Many bills go nowhere and many never even have a hearing. Often, bills that make media headlines do not move and or require a City position. Specifically, in the 2024 spring legislative session, 2,969 bills were filed with only 465 bills (~15%) passing both chambers and making it to the Governor’s desk.
4. The City should engage on a limited number of bills and focus attention on those that are (in)consistent with a Legislative Priority or Legislative Principle and/or would have a substantive impact on the City.
5. When it is appropriate, engagement is typically in the form of filing slips of opposition because the bill usurps municipal authority.
6. Bills can change dramatically and quickly as they make their way from introduction through the committee review process. As such, the City’s position can change weekly during the session as bills are negotiated and the language is modified.
7. There is an opportunity to improve the process to ensure alignment between the staff and the City Council on pending legislation.
8. Councils of Government, IML, and professional associations are valuable partners.
9. Legislative change takes time, and it is important to focus on incremental change and recognize that successful legislation can take years.
DISCUSSION:
Legislative Principles
City staff follows these general principles when drafting Legislative Priorities and evaluating positions on bills that have, or may have, a substantive impact on the City:
1. Oppose unfunded mandates
2. Oppose legislation that usurps existing municipal authority
3. Oppose proposals that erode the municipal tax base
4. Oppose home rule restrictions and exemptions
2025 Legislative Priorities
During the development of the 2025 Legislative Priorities, staff considered several factors including but not limited to alignment with Legislative Principles, progress on the 2024 Legislative Priorities, operational challenges, applicable priorities of partner organizations, opportunities to decrease costs and increase revenues, and increase efficiency and mitigate risk. Staff also considered known upcoming legislation including pensions, transit, and a potential energy bill.
The following priorities are being submitted for Council approval.
1. Sustainable public pensions
Protect public pension systems and the taxpayers that fund them. The costs of any proposed changes must be clearly understood and considered. Any changes should be directly linked to solving a pension problem.
2. Increasing the Local Government Distributive Fund (LGDF)
The current local government share is 6.47% of individual income tax collections and 6.845% of corporate income tax collections. Increasing the local government share reduces stress on property taxes and supports funding of critical City services including public safety, public works, and technology.
3. Responsible transit funding, governance, and service levels
Affordable and convenient public transportation is critical to Naperville and the region. Reforms must prioritize consensus with municipal representation, equitable service levels, and sustainable funding.
4. Erosion of Motor Fuel Tax (MFT) Dollars
The number of electric vehicles in Naperville is four times the state and national average. State and local MFT dollars continue to diminish, and replacement revenues are necessary to fund roadway maintenance.
5. Freedom of Information Act (FOIA) and bodycams
Eliminate the ability to use FOIA to monetize bodycam footage for entertainment purposes and capitalize on members of the public at their worst and most vulnerable moments.
6. Increase the penalty for fleeing and eluding from a police officer
The Naperville Police Department continues to experience increased numbers fleeing and eluding cases which places the officers and the public at risk.
7. Open Meetings Act (OMA)
Permit meetings to be held remotely at the discretion of local officials.
8. Support electronic publication of statutorily mandated postings
Fulfill any statutorily mandated newspaper posting requirements by providing notice on the City’s website and an online searchable database independent of the municipality.
9. Support municipal immunity from liability for cyberattacks
Remove the liability of municipalities when a cyberattack occurs and ensure critical local services are protected.
Proposed Legislative Review Process
To improve transparency and ensure that staff and the City Council are aligned on responses to pending legislation, staff proposes using the attached Legislative Review Process (Exhibit C). The four paths of the proposed Legislative Review Process are outlined below and are followed by an example of how a bill from the previous legislative session would have flowed through the path. All paths include reporting actions/positions publicly via the Manager’s Memorandum.
Path #1. Bill is consistent with Legislative Priorities
This path includes bills directly related to the approved Legislative Priorities.
Example: The City would submit witness slips in opposition to pension bills and support of fleeing and eluding bills consistent with approved priorities.
Path #2. Bill is municipal related but not relevant to Naperville
There are hundreds of bills related to municipalities, but only a small number of those are relevant to Naperville and the recommendation is to not weigh in on bills that do not affect the City.
Example: The City would not engage in bills not relevant to Naperville (i.e., crime free housing).
Path #3. Bills that are (in)consistent with Legislative Principles
This path has two options. First, the bill will be placed on a City Council agenda with a staff recommendation if staff is notified with enough time to comply with OMA requirements. Second, if Option 1 cannot be accomplished due to time constraints (which can occur in March and April), staff will submit a position and report that position to the City Council via the Manager’s Memorandum.
Example: Bills such as HB5021 (Rep. Yang Rohr Energy bill) and HB5315 (Rep. Didech Net Metering bill) would both have been placed on a City Council agenda for consideration. In 2024, the City took no position on HB5021. Staff took positions opposing HB5315 and engaged with Representative Didech to modify language.
Staff likely would not have had time to place HB4981 (Home-based business bill) or HB5300 (Pay stubs) on an agenda and would have reported filing witness slips in opposition in the Managers Memorandum.
Path #4. City Council or community request
At any time, as outlined in the Council Rules, the Mayor or three City Council members can direct staff to place consideration of a bill on an upcoming agenda.
Example: Upon direction by the Mayor or three members of the City Council, the request by the Chamber of Commerce to consider support of HB5345 (Wage Tip bill) could have been placed on a City Council meeting agenda.
FISCAL IMPACT:
Legislation dependent.