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Legal/Legislative Scene Legislature convenes to active election year session
By Peter M. Murphy
The Illinois General Assembly convened its 1986 session on January 8 with a list of pending issues which portend a legislatively active election year. In addition to the responsibility for funding State government, the continued appropriation of Build Illinois monies, the expected donnybrook over tort reform and the whole insurance crisis issue will dominate the scene. The Insurance Crisis Coalition is comprised of a number of Springfield's most influential associations with a real need for help. As a result, it will be educational for the general public to watch the debate over this issue unfold. Legal opinion On December 2, 1985, Illinois Attorney General Neil Hartigan finally issued his opinion on whether, under Public Act 83-12, park, forest preserve and conservation districts are required to levy a tax for road purposes at the statutorily specified rate of .08 percent, or make an equivalent transfer to a road and bridge fund as a prerequisite to receiving allocations from the Motor Fuel Tax Fund. The Attorney General answered this question in the affirmative based on what he felt was the "plain language" of the statute. The absurd result which ensues guts the legislative intent of the sponsor, State Rep. Al Ronan (D-Chicago), to provide financial assistance for road repairs to park, forest preserve and conservation districts. Clearly, none of these agencies has the ability to generate monies equivalent to a tax rate of .08 percent since their central purpose is to provide communities with conservation and recreational services. The chief sponsor of Public Act 83-12, Rep. Ronan, will reintroduce Motor Fuel Tax legislation during the 1986 session to clear up the perceived ambiguity in the current law. Members of the Association who initially worked for this legislation and have been awaiting distribution of Motor Fuel Tax monies need to join the redoubled efforts of the Illinois Association of Park Districts to assure the speedy passage of this new legislation. Fair Labor Standards Act On November 13, 1985, President Reagan signed into law the Fair Labor Standards Amendments of 1985 (Public Law 99-150). This legislation was introduced in response to the adverse impact of the Supreme Court decision in Garcia v. San Antonio Metropolitan Transit Authority which removed the exemption of governmental employees from the provisions of the FSLA. Briefly, Public Law 99-150: (1) establishes an effective date of April 15, 1986, for compliance with the Act. This relieves local governments from the enormous financial liability previously accrued. (2) permits the use of compensatory time off in lieu of cash for overtime worked provided that it is granted at the rate of 1 1/2 hours per hour of overtime worked; it is granted pursuant to an agreement between the employer and employee, and it does not accumulate to more than 240 hours, which is equivalent to four weeks or 160 hours of overtime worked. (Seasonal or public safety employees may accrue up to 480 hours of overtime.) Once these limits are reached, the employee must be paid in cash for additional accrued hours or must use some compensatory time before any additional overtime hours may be given in the form of compensatory time off. Employees must be permitted to use compensatory time within a reasonable time frame, and employees must be compensated in cash for overtime worked at the time employment is terminated at a rate not less than the average rate of pay during the last three years or the fixed regular rate of pay at the time of termination, whichever is higher. (3) Volunteers for a unit of local government will not be considered paid "employees" even though they receive expenses, reasonable benefits or are paid a nominal fee. However, employees may not volunteer to perform their regular type of services for the same governmental employer that they work for on a regular basis. They may, however, perform their regular work function for other agencies or governmental employers. Copies of Public Law 99-150 are available from the Illinois Association of Park Districts upon request. Illinois Parks and Recreation 30 January/February 1986 Park District Calendar - 1986
Prepared By Peter M. Murphy The following Park District Calendar is based on a fiscal year which begins on May 1 and ends on April 30. For those park districts that have adopted another date for the commencement of the fiscal year (Ill. Rev. Stat., Chap. 105, Par. 4-4), this calendar must be adjusted for those duties that must be performed at times related to the fiscal year. The calendar is also established around regular park board meetings held on the third Thursday of every month.
Park District Calendar JANUARY Annual Requirements At the beginning of the fiscal (or calendar) year: 1. Post the date, time and place of park district regular meetings for the year. Mail copies to the news media (Chap. 102, Par. 42.02 et seq.). [All chapter references are to the Illinois Revised Statutes.] 2. Review with the park district treasurer the requirement that all funds of the district not immediately needed for disbursement must be invested within two working days at prevailing rates or better (Chap. 102, Par. 34). 3. January 12 is the last day for the Board to adopt a resolution or ordinance to allow questions of public policy, as authorized by law, to appear on the ballot (Chap. 46, Sec. 28-2). 4. January 16 is the first regular meeting of the park Board. Review the requirement that every person, other than the treasurer, receiving money for the district must keep a triplicate record of the money, and deliver the money to the treasurer not later than the middle of the month following the month of receipt (Chap. 102, Par. 20). 5. January 16 is the last day for the circuit court clerk and the local election official to certify any question of public policy to the election authority having jurisdiction over the political subdivision (Chap. 46, Sec. 28-5). 6. January 31 is the last day for filing the annual Certificate of Status of Real Estate to continue the exemption of park property from real estate taxes for the taxable year 1985 (Chap. 120, Sec. 500). FEBRUARY 7. Economic Disclosure Statements — Certified List — The "Governmental Ethics Act" requires the secretary of the park district to certify to the Secretary of State a list of the names and residence addresses of those persons required to file statements of economic interest. The list must be certified not less than 60 days before the May 1 due date for filing the statements. This requirement is found in Chap. 127, Par. 604A-106, which provides in pertinent part as follows: "Not less than 60 days before the due date for filing such statements, annually, (1) ... (2) the clerk or secretary of each school district, unit of local government, special district or other governmental entity described in items (g), (h) and (i) of Section 4A-101 shall certify to the Secretary of State a list of the names and residence addresses of such persons described in these items (g), (h) and (i) as are required to file because of their relationship to the entity represented by the clerk or secretary. In preparing such lists, each such clerk or secretary shall set out the names in alphabetical order, by county or residence, and shall file a copy of such list with the appropriate County Clerk." 8. February 16 is the first day for the election authority to publish a notice of any question of public policy to be voted upon within its jurisdiction (Chap. 46, Sec. 12-5). 9. February 20 regular Board meeting date. MARCH 10. A good month to check zoning changes and annexations by cities or villages within the district boundaries. (Cities and villages must publish a new zoning map by March 31 of each year, if there have been any changes in the boundaries of zoning districts, and furnish a copy of the map upon request.) (Chap. 24, Par. 11-13-19). 11. March 8 is the last day for an election authority to publish a notice of any question of public policy to be voted upon within its jurisdiction (Chap. 46, Sec. 12-5). 12. March 18 is the General Primary Election and referenda. (There are no park commissioner elections in even-numbered years.) 13. March 20 regular Board meeting date. APRIL 14. April 9 is Insurance Crisis Coalition Day in Springfield. 15. April 15 is the suggested date to prepare the budget and appropriation ordinance in tentative form and place on file for public inspection at least 30 days prior to final action. (All park districts are required to adopt a combined budget and appropriation ordinance within or before the first quarter of each fiscal year.) (Chap. 105, Par. 4-4). 16. April 17 regular Board meeting date. 17. April 29 through May 1 are the dates of the Governor's Conference on the Economic Significance of Recreation in Illinois (Springfield). 18. April 30 (the last day of the fiscal year of the park district) is the time for the treasurer to initiate preparation of the annual statement of receipts and disbursements, which must be filed in the office of the county clerk and published within six months after the expiration of the fiscal year (Chap. 102, Pars. 5 and 6). Review provisions of Public Act 84-640. MAY 19. May 1 is the last date for filing Statements of Economic Interest for persons who have not previously filed during the calendar year. (Applies to elected officials and salaried employees compensated at $35,000 or more.) [Public Act 83-1330, eff. January 1, 1985.]. Illinois Parks and Recreation 31 January/February 1986 20. May 1 (beginning of new fiscal year) is alternate date to post the schedule of the dates, times and place of park district regular meetings for the fiscal year — mail copies to news media (or this can be done at beginning of calendar year) (Chap. 102, Par. 42.02, et seq.). 21. May 1 is the date to start the annual audit. Every governmental unit is required to make an annual audit to cover the immediately proceeding fiscal year. The audit must "be completed and the audit report filed with the Comptroller within six months after the close of the fiscal year . . ." Also file a copy of the completed report with the county clerk (Chap. 85, Pars. 702 and 702). Note: Any governmental unit appropriating less than $200,000 is required to file a financial report with the Comptroller in lieu of an audit. Any governmental unit appropriating $200,000 or more shall, in addition to complying with audit requirements, file a financial report on forms required by the Comptroller (Chap. 85, Par. 703). 22. May 1 send notice to Illinois Department of Labor requesting determination of current prevailing rate of wages for district's area (Chap. 48, Par. 39s-4). 23. May 5 is suggested date to publish notice of public hearing on budget and appropriation ordinance (at least seven days prior to hearing) (Chap. 105, Par. 4-4). 24. May 15 (regular May meeting) is suggested date to hold the public hearing on the budget and appropriation ordinance and enact that ordinance at the Board meeting following the hearing (Chap. 105, Par. 4-4). Note 1: The budget and appropriation ordinance must be made available in tentative form for public inspection at least 30 days prior to final action thereon. Note 2: The Truth in Taxation public hearing can be held at the same time as the budget and appropriation hearing (Chap. 120, Par. 866). Note 3: All taxing districts are now required to file a certified copy of their budget and appropriation ordinances with the county clerk within 30 days of adoption, as well as an estimate, certified by the district's chief fiscal officer, of revenues, by source, anticipated to be received by the taxing district in the following fiscal year. Failure of a district to file the required document will authorize the county clerk to refuse to extend the tax levy imposed by the governing authority until such documents are filed [Public Act 83-881, eff. September 26, 1983]. 25. May 15 is a suggested date for the Board to estimate the funds to be raised by the tax levy ordinance and determine whether the funds to be raised exceed, by more than 105 percent, the amount extended or estimated to be extended upon the levy of the proceeding year. (This determination must be made at least 20 days prior to enactment of the levy ordinance.) (Chap. 120, Pars. 864 and 866). Note: It is recommended that the park district attorney review all determinations and proceedings relating to this reference, which is the "Truth in Taxation" Act (Chap. 120, Par. 861 et seq.). JUNE 26. June 10 is a suggested date to publish notice of hearing (Truth in Taxation Act) if the district's proposed levy is greater than 105 percent of last year's extension or estimated extension — must publish not less than seven, nor more than 14, days prior to hearing — June 10 publication date assumes a hearing date of June 17 to June 24,1986 — be sure to check special publication requirements found in the statute (Chap. 120, Par. 841 et seq. See also Public Act 82-760.). Note: Notice of public hearing must now include the commonly known name of the taxing district. Further, any notice which includes information substantially in excess of that specified and required by the Act shall be considered an invalid notice [Public Act 83-881, eff. September 26, 1983]. June 11 - Attend the Legislative Conference in Springfield. 27. June 14 is the last day for filing a copy of the district's budget and appropriation ordinance with the county clerk as well as a certified estimate of revenue by source anticipated to be received in the following fiscal year (assuming a passage date of May 15). 28. June 19 first day notice of intention to file a petition to create a political subdivision whose officers are to be elected, rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory (Chap. 46, Par. 28-2). Note: If initial officers are to be elected at the election for creation of a new unit of government, candidates for such offices shall file nomination petitions 78 to 71 days before such election (Chap. 46, Par. 10-6). 29. June 19 (regular June Board meeting) is a suggested date to hold hearing pursuant to Truth in Taxation Act (Chap. 120, Par. 641 et seq.). 30. June 19 is suggested date to enact tax levy ordinance at regular meeting following the Truth in Taxation Act hearing (Chap. 105, Par. 5-1). 31. June 30 is the last day to: (a) determine prevailing rate of wages, (b) post rate schedule for inspection, (c) file certified copy of determination with Secretary of State (Chap. 48, Par. 39s-9). Note; Pursuant to Par. 39s-4 of Chap. 48, a park district may request the Department of Labor to ascertain the prevailing rate of wates. See item 22, supra. JULY 32. July 4 (if levy ordinance was enacted on June 19, 1986) is the last day to publish notice if levy amounts as enacted exceed prior published figures or if levy exceeds 105 percent of last year's extension and there was no prior publication. (Notice must be given within 15 days of the date the levy ordinance was enacted) (Chap. 120, Par. 867). 33. July 17 regular Board meeting date. 34. July 18 last day to file a petition to create a political subdivision Illinois Parks and Recreation 32 January/February 1986 with the appropriate circuit court clerk (Chap. 46, Par. 28-2). Note: Objections may be filed on or before the date of the hearing with the appropriate circuit court clerk. 35. July 19 is the last day notice of intention to file a petition to create a political subdivision, whose officers are to be elected rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory (Chap. 46, Sec. 28-2). 36. July 30 is last date to publish determination of prevailing rate of wages (if determination was made by the district and not the Department of Labor), and mail copies of rates to requesting parties. (Publication must be within 30 days of date of filing with Secretary of State — see item 24, supra.) (Chap. 48, Par. 39s-9). AUGUST 37. August 1 — Nominations to the Illinois Municipal Retirement Fund Board are accepted between August 1 and September 15 (Chap. 108 1/2, Par. 7-175). 38. August 18 last day for filing of petitions for referenda for the submission of questions of public policy (local) as authorized by law or petitions for referenda under Article VII or paragraph (a) of Section 5 of the transition schedule of the 1970 Constitution. (Exception: proposition to create a political subdivision.) (Chap. 46, Pars. 28-2, 28-6 and 28-7). 39. August 18 is a suggested date to confirm that a certified copy of the levy ordinance was properly filed with the county clerk. Chap. 105, Par. 5-1 requires that a certified copy of the levy ordinance be filed with the county clerk not later than the third Tuesday in September each year. 40. August 21 (regular Board meeting) suggested date to complete and record all annexations to the district (prior to filing levy ordinance with county clerk). 41. August 23 is the last day to file objections to petitions for the submission of public policy questions to referenda (Chap. 46, Sees. 10-8 and 28-4). 42. August 31 is last day for the Park Board to initiate public questions (referenda) to be placed on the November 4, 1986, ballot by ordinance or resolution (Chap. 46, Par. 28-2). SEPTEMBER 43. September 4 is the last day for the circuit court clerk and the local election official to certify any question of public policy to the election authority having jurisdiction over the political subdivision (Chap. 46, Sec. 28-5). 44. September 16 is last day to: (a) file certified copy of tax levy ordinance with county clerk (Chap. 105, Par. 5-1), (b) file Board President's Certificate of Compliance with county clerk (Chap 120, Par. 868). 45. September 30 is last day to file State and Local Government Information (EEO-4) EEOC form 164 with Equal Employment Opportunity Commission (report documents sex, race and salary data for employees). OCTOBER 46. October 5 is the first day for the election authority to publish a notice of any question of public policy to be voted upon within its jurisdiction (Chap. 46, Sec. 12-5). 47. October 6 is suggested date to review documents to determine which records can be destroyed — permission of Local Records Commission required (Chap. 116, Par. 43.101 et seq.). 48. October 16 (regular Board meeting) — review nonreferendum bonding needs preparatory to selling bonds before close of calendar year (Chap. 105, Par. 6-4). 49. October 25 is the last day for the election authority to publish a notice of any question of public policy to be voted upon within its jurisdiction (Chap. 46, Sec. 12-5). 50. October 31 (within six months of close of fiscal year) last date to file annual audit report with the Comptroller of the State of Illinois and county clerk (Chap. 85, Pars. 702 and 706). 51. October 31 is last date to publish annual statement of receipts and disbursements and file a copy with the county clerk — for districts on a May 1 - April 30 fiscal year (must be accomplished within six months of close of fiscal year) (Chap. 102, Par. 5). NOVEMBER 52. November 4 — General Election (referenda only). 53. November 20 (regular Board meeting) is a suggested date to enact bond ordinance for nonreferendum bonds to be issued prior to the end of calendar year (Chap. 105, Par. 6-4). DECEMBER 54. December 4 is a suggested date to verify that, for real estate acquired in 1986, appropriate petitions have been filed to exempt from real estate taxes (Chap. 120, Par. 500). 55. December 10 suggested date to (a) make petitions available to candidates for Park Board for April 7,1987 election — petitions must be filed not more than 78 nor less than 71 days prior to election (January 22-29, 1987) (Chap. 46, Sec. 10-6, Chap. 105, Sec. 2-11), (b) advise news media of Board positions to be filled at election, candidate filing requirements and availability of petitions at Park Office (not required by statute). 56. December 18 is a suggested date to prepare and file with the Supervisor of Assessments the Annual Certification Status of Exempt Property for 1986. (Last day for filing is January 30, 1987.) (Chap. 120, Par. 500). 57. December 18 (regular December Board meeting) is a suggested date for Board to approve schedule of regular meetings for 1987; post and mail to news media (or this can be done at beginning of fiscal year) (Chap. 102, Par. 42.02). 58. December 30 is last day to file bond ordinance with county clerk in order to receive extensions of taxes for bond repayment in 1987. Illinois Parks and Recreation 33 January/February 1986 |
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