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Legal &
Legislative
Notes
by Robert A. Stuart General Counsel
STATUS OF LEGISLATION AFFECTING PARK DISTRICTS, FOREST PRESERVE DISTRICTS AND CONSERVATION DISTRICTS AS OF JUNE 17
The following is a comprehensive summary of legislation directly affecting Park Districts and other member districts of the Association introduced into the 1977 Session of the 80th General Assembly.
Senate Bills
S.B. 169 —Glass, Moore and Lane
(Ch. 105, par. 11.2-2)
Amends The Park District Code. Extends the period for which park districts are authorized to levy a special tax to create a working cash fund for one more year through 1980. Provides that no tax for working cash fund purposes levied as required by the Act shall be invalid because the required step was taken before the effective date of the authorizing legislation if such step was taken after such legislation became law. Effective immediately.
SENATE AMENDMENT N0.1.
Makes revision to extend the period for which park districts are authorized to levy a special tax to create a working cash fund for no more than four of the years 1976,1977,1978,1979 and 1980.
May 25 —Passed House
June —Passed Senate
S.B. 474 -Glass
(Ch. 105, par. 2-10a, 2-12; adds par. 2-10b)
Amends The Park District Code. Provides that a district may provide that terms of commissioners shall be 4 years rather than 6 years and prescribes transition schedule.
SENATE AMENDMENT NO. 1.
Provides that if the creation of a 7-member board results in the election of either 3 or 4 commissioners at that election 2 of them, to be determined by lot within 30 days after the election, shall serve for terms of 2 years instead of 4 years. Thereafter all commissioners shall be elected for 4-year terms. Make Act take effect immediately upon becoming law.
May 18 —Passed Senate
June 16 —Passed House
S.B. 807 -Philip
(Ch. 57 1/2, par. 14.1)
Raises the maximum tax rate which the board of a forest preserve district may levy to .075% and provides that petitions signed by at least 5% of the registered voters of the district will act to delay such increase until the matter is put before the voters of the district at a
general or special election.
SENATE AMENDMENT NO. 1.
Changes the maximum tax rate which the board of a forest preserve district may levy from .075% to .06%.
SENATE AMENDMENT NO. 2.
Makes revisions that the rate of tax levied in a forest preserve district may not be increased by virtue of this Act unless the board first adopts a resolution and publishes notice in a newspaper having general circulation in the district at least once not less than 45 days prior to the effective date of the increase. If, no later than 30 days after the publication, petitions signed by not less than 2 1/2% of the registered voters are presented to the board expressing opposition to the increase, referendum must be held on the question.
May 27 —Passed Senate
June 16 —Third reading, House
S.B. 994 -Wooten
(Ch. 105, par. 10-7)
Amends the Park District Code. Allows a park district to sell or lease property to another public agency provided that the property is used for a public park.
SENATE AMENDMENT NO. 1.
Makes revision that park district is allowed to sell or lease property to another unit of Illinois state or local government (change from public agency).
May 27 —Passed Senate
June 14 —Passed House
S.B. 1033-Hickey
(Ch. 57 1/2, par. 6)
Amends An Act to provide for the creation and management of forest preserve districts. Empowers forest preserve districts to acquire land outside the district except by the exercise of the right of eminent domain and to have the same control over such property as it does over forest preserves within the district.
SENATE AMENDMENT NO. 1.
Empowers forest preserve district to acquire land outside the district, subject to approval of the county board of the county, and of any forest preserve district or conservation district, within which the property is located.
SENATE AMENDMENT NO. 2.
Adds purchase to eminent domain as exceptions to manner forest preserve districts are empowered to acquire land outside the district.
SENATE AMENDMENT NO. 3.
In provision empowering district to acquire real estate situation outside the district, qualifies such acquisition to property which is contiguous to the district.
May 27 -Passed Senate
June —Passed House
S.B. 1137-Weaver
(Ch.57 1/2, par. 15a3.1)
Amends An Act to provide for the creation and management of forest preserve districts. Authorizes forest preserve districts with population of 100,000 or more to construct, equip, acquire, maintain and operate recreational facilities, and to exercise related powers to the same extent as is now authorized for districts of 300,000 or more population.
Illinois Parks and Recreation 6 July/August, 1977
May 19 —Passed Senate
June 15 —Passed House
S.B. 1168-Weaver
(Ch. 57 1/2, par. 20.01)
Amends An Act concerning botanic gardens in forest preserve districts to authorize corporate authorities of forest preserve districts with a population of 100,000 or more (now 200,000 or more) to prepare and maintain a botanic garden and to exercise the related functions set forth in such Act.
May 19 -Passed Senate
June 15 —Passed House
S.B. 1169-Weaver
(Ch. 57 1/2, pars. 3a and 8)
Amends An Act to provide for the creation and management of forest preserve districts. Provides for initial appointment of 5 commissioners (now a president and 4 commissioners) and establishes length of first terms in forest preserve districts governed by appointed commissioners. Makes specific provisions for the terms of commissioners of the one district in existence on July 1, 1977, that is managed by appointed commissioners. Establishes a regular term for commissioners of 5 years and deletes requirements concerning political affiliation. Provides for commissioners to select a president, secretary, treasurer and other officers from among the appointed commissioners and provides specifically for the terms of such officers in the one district in existence on July 1, 1977, managed by appointed commissioners. Raises from $1500 to $4000 the amount beyond which advertising for bids is required before contracts are let.
SENATE AMENDMENT NO. 1.
Makes revision that in counties with a population of 1,000,000 or less, within 60 days the commissioners shall select a president, secretary, treasurer and other officers from among the appointed commissioners. Adds that in counties with population of more than 1,000,000 and in any county, city or sanitary district where the corporate authorities act as the governing body of a forest preserve district, the person exercising the powers of the president of the board shall have power to appoint a secretary and an assistant secretary and treasurer and an assistant treasurer and such other officers and employees as may be necessary. The assistants shall perform duties where secretary or treasurer is unable to perform.
HOUSE AMENDMENT NO. 2.
Deletes the raise from $1500 to $4000 amount beyond which advertising for bids is required before contracts are let. Provides that all contracts for suppliers, material or work involving an expenditure in excess of $2,500 (change from $1,500) by Forest Preserve Districts in counties with less than 500,000 inhabitants and in excess of $4,000 by Forest Preserve Districts in counties with 500,000 or more inhabitants shall be let to the lowest responsible bidder.
May 19 —Passed Senate
June 15 —Passed House
June 16 —Secretary's Desk for Concurrence
S.B. 1222-Mitchler
(Ch. 120, par. 1169)
New Act providing for the deposit of unclaimed lottery prize money into a Fund under the direction of the Director of Local Government Affairs. Money in the Fund shall be distributed to the park districts in the State on a population basis.
May 27 -Failed Senate
House Bills
H.B. 63 -Yourell and Kelly
(Ch. 85, par. 613)
Amends an Act relating to State revenue sharing with local governmental entities by adding park districts to list of eligible recipients of money received and allocated out by municipalities and counties of this State. Effective January 1, 1977.
Feb. 16 -Assigned to Cities & Villages
H.B. 79 -Mautino
(Ch. 105, pars. 5-6 and 5-9)
Amends the Park District Code. Removes referendum requirements from existing park districts to establish paving and lighting taxes and police taxes, which requirements do not apply to new park districts. Makes other non-substantive changes.
HOUSE AMENDMENT NO. 1.
Makes provision for a backdoor referendum whenever a park district levies a tax for paving and lighting and police purposes. Referendum is required if within 10 days after levy, any registered voter within the district files with a board a petition signed by not less than 10% of the voters requesting the submission of such levy to a referendum.
May 21 —Interim Study Committee, Cities & Villages
H.B. 83 -Marovitz, et al.
(Ch. 111-2/3, adds par. 37.1)
Establishes lifeline utility rates. Would reduce utility rates for residential users, but would increase rates for industrial business and local governmental unit users.
May 18 —Third Reading—Failed
H.B. 306 -MacDonald, et al.
(Ch. 105.par.3-9)
Amends the Park District Code. Changes highway to freeway in provision allowing annexation of territory to park district by ordinance where the territory is wholly bounded by one or more districts and a river, lake, railroad or highway.
HOUSE AMENDMENT NO. 1.
Changes freeway to arterial street, as defined in Section 1-104 of the Illinois Vehicle Code.
March 24 -Passed House
June 27 -Passed Senate
H.B. 1012-Marovitz, et al.
(Ch. 105, par. 333.17)
Amends the Chicago Park District Act. Permits the Commission to make a supplemental appropriation in the amount of additional revenue that becomes available after the adoption of the annual appropriation ordinance. Exempts such supplemental appropriations from the publication, notice and public hearing requirements applicable to the annual appropriation ordinance.
Continued on Page 15
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LEGAL & LEGISLATIVE ...
Continued from Page 7
HOUSE AMENDMENT NO.1.
Makes one word revision. Provides that the commission may adopt a supplemental appropriation ordinance for any corporate purpose in an amount not in excess of any additional receipts (word change from revenue) available to the Chicago Park District.
HOUSE AMENDMENT NO. 3.
Deletes that the provisions of this Section relating to publication, notice and public hearing shall not be applicable to such supplemental appropriation ordinance or the budget document forming the basis thereof.
May 17 -Passed House
June -Third Reading-Senate
H.B. 1027-Kozubowski, et al.
(Ch. 105, Par.333.23n)
Amends Chicago Park District Act. Provides for charge of nonresidents different than residents of District.
May 12 —Passed House
June 9 —Placed calendar, Third Reading
H.B. 1176-Capparelli, et al.
(Ch. 105, par.333.43e)
Amends Act authorizing Chicago Park District to issue full faith and credit corporate notes in lieu of tax anticipation warrants. Changes erroneous reference to sanitary district and substitutes Chicago Park District.
April 28 —Passed House
June 9 —Third Reading—Senate
H.B. 1265-Mautino-Farley
(Ch.85,adds pars.616,617,618,619,620)
Amends an Act in relation to State revenue sharing with local governmental entities. Creates Park Districts Distribution Fund in an amount equal to 1/48 of net revenue realized from Illinois Income Tax with monthly distribution on basis of population.
FISCAL NOTE.
This bill creates a Park and Recreation Distribution Fund and provides that 1/48 of the State Income Tax Revenue be distributed to park districts on a per capita basis and empowers the park boards to spend the funds on an unrestricted basis for any legal purpose. The per capita rate would be approximately $3.00 with the total amount per annum of about $32,500,000.
HOUSE AMENDMENT NO. 1.
Makes revision that the amount of fund allocated to the Chicago Park District is 25% of the total amount to be allocated and to each such other park district in proportion to the number of individual residents of the district to the total population of the "State" residing in park districts determined other than the Chicago Park District in each case on the basis of the latest census.
May 21 —Placed on Study Calendar, Cities & Villages
H.B. 1306-Hart
(Ch. 105, par. 2-13, 2-26)
Amends Park District Code. Makes it permissible, rather than mandatory, for park district to use township election judges when park district and township elections are held at same time.
HOUSE AMENDMENT NO. 1.
Adds that the election of a park commissioner may be contested in the Circuit Court. Such contests shall be initiated and conducted pursuant to the provisions of Article 23 of The Election Code, applicable to contests of election of officers elected from districts.
May 18 —Passed House
June —Passed Senate
H.B. 1356—Simms and Giorgi
(Ch. 105, pars. 114, 18, 330a; Ch. 57 1/2, par. 18)
Amends The Park District Code and the act defining the powers of park police. Prohibits park police in counties of less than 3,000,000 from exercising any police powers outside the property of the park district, except under an intergovernmental cooperation agreement to which the park district is a party.
HOUSE AMENDMENT NO. 1.
Also amends Act concerning zoological parks in forest preserve districts. Permits a forest preserve district, or the director or trustees of such zoological society when so authorized by the forest preserve district to police the property of the zoological park, employ, establish, maintain and equip a security force for fire and police protection of the zoological park and provide that the personnel of the security force shall perform other tasks relating to the maintenance and operation of the park. Members of the security force shall be conservators of the peace with all the powers of policemen in cities and of sheriffs, other than to serve or execute civil processes, but such powers may be exercised only within the area comprising the zoological park when required to protect the park's property and interests, its personnel and persons using the facilities or at the specific request of appropriate federal, State or local law enforcement officials.
May 13 —Passed House
June 27 —Passed Senate
H.B. 1456-Farley, et al.
(Ch. 105.par.333.19)
Amends Chicago Park District Act. Raises rate of permissible tax levy to .60% for the year 1977 and subsequent years, and provides a Workmen's Compensation Reserve Fund of .005% annually not to exceed an aggregate of .05%.
HOUSE AMENDMENT NO. 1.
Makes revision that for the purpose of establishing and maintaining a reserve fund for the payment of claims, awards, losses, judgments or liabilities which might be imposed on such park district (change from sanitary) under the Workmen's Compensation Act or the Workmen's Occupational Diseases Act (deleting claim in tort), such park district may levy a tax of .005% annually not to exceed an aggregate of .05%.
May 12 —Passed House
May 31 —Third Reading—Senate
H.B. 1457-Madigan, et al.
(Ch. 105,par. 19)
Amends the Chicago Park District Act. Increases the authorized annual tax for aquariums and museums from .065 per cent to .09 per cent.
May 12 -Passed House
May 31 —Third Reading—Senate
Continued on Page 28
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Continued from Page 15
H.B. 1458-Madigan, et al.
(Ch. 105, par. 327)
Amends An Act concerning aquariums and museums in public parks. Increases the tax authorized for aquariums and museums from .065 percent to .09 percent.
May 12 —Passed House
May 31 —Third Reading—Senate
H.B. 1519-Taylor
An Act in relation to the financing of payments and contributions by units of local government for costs of unemployment insurance benefits. Authorizes any unit of local government to levy taxes and issue bonds to cover its obligations for costs of unemployment insurance benefits for employees of that unit of local government, as required to be prescribed by State law prior to January 1, 1978, by the Federal "Unemployment Compensation Amendments of 1976."Effective immediately.
HOUSE AMENDMENT NO.1.
Makes provisions of bill applicable to school districts. Enables them to issue bonds for the payment of any or all costs of unemployment insurance benefits or contributions and adds for the administrative costs in connection with the payment of such benefits. Adds that the powers granted to units of local government and school districts under this Act are declared to be null and void in the event the Federal Unemployment Compensation Amendments of 1976 are held unconstitutional.
HOUSE AMENDMENT NO. 2.
Adds that taxes levied pursuant to the provisions of this Act shall appear separately on tax bills sent to taxpayers and shall be designated as a tax to pay the cost of unemployment insurance.
May 21 —Referred to Interim Study Committee-Labor and Commerce Committee
H.B. 1588-Farley, et al.
(Ch. 105, par. 333.20)
Amends Chicago Park District Act. Authorizes an increase in the issuance of bonds from 3/4 of 1% to 1% without referendum.
April 28 —Interim Study Committee-Cities and Villages
H.B. 1965-Giorgi
(Ch. 105, adds par. 2-11a)
Amends the Park District Code. Authorizes the governing board of a park district to provide for the election of its members from single member park board districts, with such park board districts based on population distribution.
May 13 —Passed House
June 13 —Third Reading—Senate
H.B. 2096-Kane
(Ch.43,par. 130)
Amends An Act relating to alcoholic liquors. Eliminates the prohibition of delivery of alcoholic liquors in any recreational center of any park district if such recreational center was built in whole or in part with funds procured through the sale of revenue bonds.
May 16 -Passed House
June 9 -Third Reading-Senate
H.B.2281-Tuerk
(Ch. 24 1/2, par. 78)
Amends An Act relating to the civil service in park systems. Changes population requirement from 150,000 to 500,000.
HOUSE AMENDMENT NO. 1.
Adds a Section la to state that provided, however, any park district located within or adjacent to any city, town, township or other municipal government that has established a code for the Establishment of an Executive Department of Personnel, may by ordinance of its commissioners establish a similar Code to provide for a professional and progressive merit system to supersede provisions of this Act providing for CIVIL SERVICE IN PARK SYSTEMS.
May 21 -Interim Study Committee, Cities & Villages
H.B.2282-Tuerk
(Ch.105,par.8-1(c))
Amends Park District Code. Increases limitation on bid from $2,500 to $5,000.
May 3 —Failed House
H.B. 2293 -Mautino
(Ch. 105, adds par. 5-1a)
Amends Park District Code. Authorizes levy of additional park district tax not to exceed .15%, subject to backdoor referendum.
April 23 -Tabled, Cities & Villages
H.B. 2297-Satterthwaite and Wikoff
(Ch. 105, par. 5-1; adds par. 5-10)
Amends Park District Code. Permits levy, without referendum and without regard to existing rate limitations, of a tax purchase fire insurance and workmen's compensation insurance.
HOUSE AMENDMENT NO.1.
Adds prior to levy and collection of tax, the park district shall adopt a resolution that it shall levy and collect such tax and within 15 days publish such ordinance. If within 30 days a petition is filed, signed by electors numbering at least 5% of the total number of electors voting for park commissioners at the last preceding general park district election, but not less than 500 electors of the park district requesting referendum, the board shall call a special election on that question. If no such petition is filed, park district is authorized to levy and collect tax.
May 21 —Interim Study Committee, Cities & Villages
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RECENT ILLINOIS DECISIONS
People v. Saviano (Supp. 3, Ill. Dec. 836, 359 NE 2nd 475)
Defendant was convicted before the Circuit Court of DuPage County of the crime of interest in contracts under the Corrupt Practices Act (Ch. 102 Ill. Rev. Stats., Sees. 3, 4). Appellate Court affirmed (31 Ill. App. 3rd 1049, 335 NE 2nd 553).
Defendant, while a member of the DuPage County Board and head of the Finance Committee, owned land which the Forest Preserve District sought to acquire, chaired meetings in which negotiations were conducted and sold his interest at a personal profit of $32,500.00 eleven
Illinois Parks and Recreation 28 July/August, 1977
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