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Legal/Legislative Scene
Rumors of early adjournment abound during the closing weeks of a comparatively uneventful legislative session. It is expected, however, that property tax reform measures will be introduced once again before June 30. It is unlikely, however, that any tax limitation proposal will pass unless it is the program that has been offered in the past by Speaker Michael J. Madigan. The Speaker's legislative proposal called for an increase in the homestead exemption as well as the senior citizen circuit breaker. Legislation is currently pending passage which would affect the use of alternate revenue (double-barrelled bonds) by requiring notice of the source of revenue to be used to pay the interest and principal on such bonds. In addition, a recent amendment by Rep. McCracken would lower the backdoor referendum petition signature requirements from 15 percent to 7.5 percent as well as extended the petition filing period from 21 to 30 days. See SB 1905 for more information. National Issues On May 1, the U.S. House of Representatives recommended $500 million for Land and Water Conservation Fund (LWCF) purposes as part of the 1991 fiscal budget provided for in House Concurrent Resolution 310. The entire resolution was passed by the slim margin of 218 to 208. The Senate Budget Committee approved its version on May 2 and also included $500 million for LWCF in Senate Concurrent Resolution 129. This is the highest recommendation that has been made during the last 10 years. Questions remain, however, as to what will be designated for statewide projects.
A key to what final figures for LWCF will look like is held by the Interrior Appropriations Subcommittee chaired by Rep. Sindey Yates (D-9th District). Proponents of a LWCF statewide funding level of $200 million are encouraged by the National Recreation and Park Association to contact Chairman Yates at (202)224-3121. To date, HR 876 (American Heritage Trust Act) has been approved by the House Interior Committee, but has not reached the floor because of objections from House Appropriations Committee Chairman Jamie Whitten (D-Mississippi). The same stumbling block prevented progress last year. Bill Status The following list of bills is a compilation of those measures introduced during 1990 by the Illinois General Assembly which affect the operation of park and forest preserve districts. Note that a number of these proposals are no longer viable, being either tabled or held in the House or Senate Rules Committee. Any bill which does not reflect action in June can be considered dead for this year unless otherwise noted.
LEGAL/LEGISLATIVE SCENE Bill Status Report HOUSE
HB 1585 Kubik - Requires that zoological parks in the Cook County Forest Preserve District be open to the public without charge for a period equivalent to 52 days each year.
HB 1856 Petka - Amends The Park District Code concerning disconnection and annexation to another district. Changes an internal reference concerning contiguity and residency requirements so that if a property owner borders another petitioning owner and if at least one petitioning owner is contiguous to the other district, they may all disconnect and annex to the other district.
HB 2907 Kulas - Creates the Illinois Family Responsibility and Medical Leave Act of 1990. Provides for family responsibility and medical leave for certain employees who are employed for 20 or more hours during the week and have been employed a minimum of 12 consecutive months by the employer. Entitles an employee to a total of eight work weeks of unpaid family responsibility leave during any 24-month period.
HB 3161 McCracken - Provides that a contract let pursuant to the Local Government Special Services Selection Act is not included in the definition of a "public contract".
HB 3192 Jones - Requires that elected officials be tested for drugs before their election or reelection, rather than annually. Requires that the test be performed within 30 days before the filing of a nominating petition of declaration or intent to be a write-in candidate.
HB 3310 Steczo - Amends "An Act to
provide for the creation and management of forest preserve districts in counties having a population of less than 3,000,000." Requires a board of commissioners to file with the county clerk a certified copy of a levy ordinance by the third Monday in November. Effective immediately.
HB 3361 McCracken - Provides that no person shall be liable to an employee or former employee because the person gives truthful information to a third party in response to an inquiry about the employment record of the employee or former employee. Provides that an employee or former employee shall not bring a civil action against a person who gives such information. Provides that attorney's fees, costs and expenses shall be assessed against an employee or former employee who brings such an action. Provides that this Act does not exempt an employer from compliance with the Personnel Record Review Act.
HB 3372 Wennlund - Provides that the Department of Revenue may issue a restricted license to a senior citizens organization to conduct bingo at a senior citizens facility owned by a unit of local government if specified requirements are met.
HB 3430 Steczo - Amends the Local Governmental and Governmental Tort Immunity Act and "An Act to provide for the creation and management of forest preserve districts in counties having a population of less than 3,000,000." Requires local governmental entities to indemnify the employees and officers of forest preserve districts from various civil suits arising from alleged negligent or wrongful acts. Effective immediately.
HB 3448 McCracken and Stange - Amends the Local Government Debt Reform Act. Requires frontdoor referendum approval
of double-barrelled bonds (now subject to backdoor referendum). Expressly states that the referendum requirements apply. Effective immediately.
HB 3508 Peterson - Amends the Governmental Ethics Act. Raises from $35,000 to $45,000 the amount of compensation requiring the filing of a statement of economic interest
HB 3688 Daniels - Enacts the Property Tax Levy Limitation Act of 1990. Provides that the amount of the property taxes levied by any taxing district including home rule units in any calendar year on residential property shall not exceed the property taxes levied by that taxing district for the immediately preceding calendar year increased by the lesser of 5 percent or the percentage of increase in the federal consumer price index for the immediately preceding calendar year over the consumer price index for the second preceding calendar year. Allows taxing districts to hold a referendum to levy taxes at a higher rate. Amends the Revenue Act of 1939 to make it subject to this limitation. Effective immediately.
HB 3689 Daniels - Amends the Revenue Act of 1939 to provide that the prior year equalized assessed valuation be used for assessment purposes, plus an adjustment to reflect additions, deletions, new property added to the tax rolls, new construction, increases from partial to full assessments, divisions, consolidations, or any changes in tax status during the year in which the levy is made; that all taxing districts levy on the second Tuesday in August; and that property taxes be paid in four installments in all counties. Also requires the board of appeals in counties over 3,000,000 population to equalize assessments to the classification level established by the classification ordinance. Effective immediately.
LEGAL/LEGISLATIVE SCENE Last Action - 4/6/90 (House) Referred to Committee.
HB 3803 Harris - Amends the Local Government Debt Reform Act. Prohibits the issuance of double-barrelled bonds or general obligation bonds to refund or advance refund double-barrelled bonds unless the refunding or advance refunding bonds meet all requirements for double-barrelled bonds. Effective January 1, 1991.
HB 3836 - Lang - Requires an aerobic instructor to have completed 50 hours of aerobic exercises or aerobic dance prior to employment. Deletes liability for negligent hiring provisions.
HB 3902 - Steczo - Amends Acts relating to park districts and forest preserve districts. Provides that if a district commences a proceeding to acquire land by condemnation, that proceeding may not be dismissed or abandoned by the district without the consent of the property owners. Effective immediately.
House Amendment No. 2 - Deletes all changes. Amends the Forest Preserve District Act for counties under 3,000,000. Provides that a district with a population under 600,000, located in a county contiguous to a county of over 3,000,000 and in a county not contiguous to Wisconsin (rather than Wisconsin or Indiana), is restricted in the acquisition of property, including that once the district commences an action to acquire land by condemnation it may not abandon that action without the consent of the property owners. Effective immediately.
HB 4057 Harris - Enacts the Property Tax Limitation Act of 1990. Provides that the amount of the property taxes extended for any taxing district in any calendar year may not exceed the property taxes extended for that taxing district for the immediately preceding calendar year increased by the percentage of increase in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the immediately preceding calendar year. Taxing districts with a population increase of 8 percent or more in one year exempt from the Act. Also allows a referendum to increase taxes above the limitation ceiling. Provides for certain exceptions. Amends the Revenue Act of 1939 to make it subject to this limitation. Effective immediately.
SENATE
SB 1501 Netsch - Creates the Illinois Family Responsibility and Medical Leave Act of 1990. Provides for family responsibility and medical leave for certain employees who are employed for 20 or more hours during the week. Entitles an employee to a total of eight weeks of unpaid family responsibility leave during any 24-month period.
SB 1541 Geo-Karis - Amends the Illinois Vehicle Code. Removes requirement that local authorities or park districts conduct an engineering or traffic investigation prior to increasing or decreasing an established speed limit.
SB 1596 Dunn, T. - Amends the Open Meetings Act. Provides that at each public meeting of a unit of local government at least 15 minutes must be allowed for public statements and questions. Answering time of officials does not count against the 15 minutes.
SB 1630 Geo-Karis/Jacobs - Amends the Forest Preserve District Act for counties of less than 3,000,000. Provides that a district may not acquire land in an unincorporated area of a county by condemnation without first obtaining the consent of the county board by two-thirds vote of the
total number of members entitled to sit on the county board. Effective immediately and applies to all pending actions as well as those filed on or after its effective date. Limits the condemnation restrictions to districts located in a county with a population over 400,000 and under 650,000 and contiguous to a county with a population over 3,000,000.
SB 1633 Weaver, S. - Amends the Election Code to provide that an unconditional resignation, effective on a future date, may not be withdrawn after it is received by the officer authorized to fill the vacancy. Provides that such resignation creates a vacancy in office for the purpose of determining the time period which would require an election. Permits the resigning office holder to continue to hold office until the date specified in the resignation.
SB 1716 Rigney - Amends various Acts to standardize the number of signatures and the filing deadlines for petitions authorizing back door referenda. Provides that such petitions must be filed within 30 days after the publication of the ordinance or resolution authorizing the action, by the unit of government. Provides that at least 5 percent of the districts voters voting at the last preceding general election at which electors of the President and Vice-President of the United States were elected must sign the petitions to place the action of the corporate authorities of the unit of government on the ballot.
SB 1768 Joyce, JJ. - Amends the Horse Racing Act. Removes, from provisions providing for allocation of funds paid into the Horse Racing Tax Allocation Fund by inter-track wagering location licensees located in park districts of 500,000 population or less, the requirement that such licensees shall have been operating on May 15, 1988. Provisions added by this amendment are effective immediately.
LEGAL/LEGISLATIVE SCENE Last Action - 6/22/90 (House)Tabled. House Rule 37(G). SB 1905 MacDonald - Amends the Local Government Debt Reform Act. Prohibits the issuance of double-barrelled bonds or general obligation bonds to refund or advance refund double-barrelled bonds unless the refunding or advance refunding bonds meet all requirements for double-barrelled bonds. Senate Amendment No. 1 - Deletes all substantive changes. Provides that, with respect to authorizing ordinances adopted on or after January 1, 1991, the published notice must contain a statement that identifies any revenue source that will be used to pay the principal of and interest on the alternate bonds.
Senate Amendment No. 2 - Provides that the ballot for a backdoor referendum shall include a statement of any revenue source that will be used to pay the principal of and interest on the alternate bonds.
SB 2040 Kustra - Enacts the Property Tax Levy Limitation Act of 1990. Provides that the amount of the property taxes levied by any taxing district in any calendar year on real property shall not exceed the property taxes levied by that taxing district for the immediately preceding calendar year increased by the lesser of 5 percent or the percentage of increase in the federal consumer price index for the immediately preceding calendar year over the consumer price index for the second preceding calendar year. Allows taxing districts to hold a referendum to levy taxes at a higher rate.
Senate Amendment No. 1 - Provides that the standard used for limitation purposes is the prior year's tax extension rather than the prior year's levy.
SB 2124 Etheredge - Authorizes the Fox Valley Park District to quit claim any of its interest in certain land in Kane County to the City of Aurora for the purpose of constructing an animal shelter, including a release of any condition that the land be
used by the park district. Amends P.A. 84-828 to conform. Effective immediately.
SB 2255 Netsch-Lechowicz - Amends the
Truth in Taxation Act to require a 3/5 majority vote of the taxing district for levies which are more than 109 percent above the prior year's extensions. Gubernatorial Action Veto Procedure Many questions have arisen as to the process by which Bills are approved by the Governor. The following is a short synopsis of that process. At the end of session, all Bills passed by the General Assembly have 30 days in which to be enrolled and presented to the Governor, who then has 60 days to act. If the Governor does not act at the end of the 60 day period, or the "drop date'' (as it is referred to), then the Bill automatically becomes law. The Governor also has the authority to veto a Bill in a number of ways as outlined below: The Illinois Constitution provides the Governor with four possible veto alternatives. They include a total veto, an item veto, a reduction veto and an amendable veto. Total Veto - The Governor can veto an entire bill by returning it with his objections to the house of origin. The General Assembly can override this veto by a vote of 3/5 of the members elected to each house. Item Veto - The Governor can veto any item of appropriations in a bill by returning it to the house of origin. The General Assembly can override this veto by a 3/5 vote of the members elected to each house. Portions of the bill not vetoed become law. Reduction Veto - The Governor can reduce any item of appropriations in a bill by returning it to the house of origin. An item reduced in amount can be restored to its original amount by the General Assembly by a vote of a majority of the members elected to each house. The portions of the bill not vetoed become law. If a reduced item is not restored, it will become law in the reduced amount. The Governor can return a bill with his specific recommendations for change to the house of origin. The recommendations may be accepted by the General Assembly by a vote of a majority of the members elected to each house if an immediate effective date is not desired. It requires a 3/5 vote of the members if the bill is to become effective immediately. The bill is represented to the Governor in its amended form. If he certifies that the amendment conforms to his recommendations, the bill becomes law. If the Governor does not certify the bill, it is returned to the General Assembly as a vetoed bill and is treated as a total veto. The General Assembly has the second option of overriding the Governor's amendatory veto by a 3/5 vote of the members of each house. All vetoed Bills will be considered in the Fall Veto Session. Effective Dates All bills passed by the General Assembly before July 1, automatically take effect on January 1, 1991, unless they contain a different effective date or an immediate effective date. The latter category take effect upon the Governor's approval. If a Bill is passed after June 30, it cannot become effective until July 1, 1991, unless it provides otherwise and was passed by at least 3/5 vote. If you need either additional information or copies of any legislation, contact Peter M. Murphy, General Counsel, Illinois Association of Park Districts, 211 East Monroe St., Springfield, Ill. 62701,or phone (217)523-4554.
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