The following information contains a synopsis of legislation adopted by the General Assembly in 1990 affecting municipalities. The bills are listed in numerical order. The synopsis gives the bill nurnber, subject matter, public act number and a brief explanation of the bill.

The information has been condensed significantly and the full bill should be reviewed with your corporation counsel to determine its application to your municipality. The League will assist you with any questions pertaining to this information.

The League thanks you for your continued support and looks forward to working with you in the 1991 Legislative Session. INDEX

Bill #........................................................................ Public Act #
HB 2389 Workers Compensation ...................... 86-1405
HB 2619 Backdoor Referenda Requirements............ 86-1253
HB 2697 Impact Fees/I Hazardous Buildings............. 86-1158
HB 3024 Local Government Fiscal Emergency .......... 86-1211
HB 3090 Double Barrelled Bonds/Local Government
Miscellaneous Changes....................... 86-1179

HB 3099 Arterial Roads .............................. 86-1229
HB 3152 Enterprise Zones ............................ 86-1456
HB 3183 Recycled Newsprint Act ..................... 86-1443
HB 3284 Conflict of Interest .......................... 86-1271
HB 3324 Rural Bond Bank ............................ 86-1185
HB 3337 Drug Free Workplace........................ 86-1459
HB 3350 Annexation/Boundary Line Agreements. ....... 86-1169
HB 3406 Retiree Health Insurance ..................... 86-1444
HB 3426 EPA/Sclect Incinerator Postponement ......... 86-1239
HB 3509 Mayor Judicial Standing (Liquor Control Act) . . 86-1279
HB 3610 Drug Asset Forfeiture........................ 86-1382
HB 3656 Stormwater Management .................... 86-1463
HB 3682 "9-1-1" Amendments ......................... 86-1344
HB 3721 Local Tourism Account ...................... 86-1426
HB 3795 Coterminous City/Townships ................ 86-1299

HB 3842 Plat Act Amendments ........................ 86-1349
HB 3843 Jury Trial Cost.............................. 86-1386
HB 3868 Cable Television ............................ 86-1410
HB 3870 Police/School Playgrounds ................... 86-1304
HB 3896 Graphic Arts/Revenue Code.................. 86-1306
HB 4190 Toll Highway Authority ...................... 86-1164
SB 1571 Maintenance Agreements/Revenue Code ....... 86-1394
SB 1657 Public Building Commission .................. 86-1215
SB 1704 Firefighter Shift Trades/Statewide
Union Officers .............................. 86-1395
SB 2052 Building Code Violations ..................... 86-1202
SB 2109 ESDA Earthquake Program ................... 86-1205
SB 2222 Various Municipal Code Modifications ......... 86-1470
SB 2253 EPA/Solid Waste ............................ 86-1363
SB 2306 Ordinance Violations......................... 86-1364

HOUSE BILLS
HB 2389 WORKERS COMPENSATION
PUBLIC ACT 86-1405
Amends Worker's Compensation Act, the Local Governmental and Governmental Employees Tort Immunity Act and the Intergovernmental Cooperation Act. Requires local public entities and public agencies to report to the Industrial Commission indicating an election to self-insure for liability under the Worker's Compensation Act and the Worker's Occupational Diseases Act. The report must be filed within 30 days after January 1, 1991, and each January 1, thereafter. Effective September 9, 1990.

HB 2619 BACKDOOR REFERENDA REQUIREMENTS PUBLIC ACT 86-1253
Amends various Acts to require that notices published prior to back door referenda include notice of (1) the specific number of voters required to sign a petition requesting that a question be submitted to the voters of the political subdivision; (2) the time in which the petition must be filed; and (3) the date of the prospective referendum. The political subdivision clerk or secretary shall provide a petition form to any individual requesting one. Effective January 1, 1991.

HB 2697 IMPACT FEES/HAZARDOUS BUILDINGS
PUBLIC ACT 86-1158
Amends the Highway Code with respect to impact fees. Allows a home rule unit with a population over 75, 000 and located in a county with a population over 600, 000 and less than 2, 000, 000 to bring its impact fee ordinance or resolution into conformance with State law not more than 18 months (now 12 months) from July 26, 1989. Further provides that impact fees collected due to impact of new development upon State roads must be allocated for expenditure for improvements to those State roads.
Amends the Municipal Code and the Revenue Act. Provides that a court may order (rather than authorize) a municipality to demolish, remove materials from, repair or enclose a building or cause such

January 1991 / Illinois Municipal Review / Page 13

HB 3024 LOCAL GOVERNMENT FISCAL EMERGENCY
PUBLIC ACT 86-1211
Creates the Local Government Financial Planning and Supervision Act to assist units of local government under 25, 000 population which are experiencing fiscal emergencies. Also amends the Illinois Municipal Code to create the Financially Distressed City Law under which a financial advisory authority is established to exercise financial control over the financial affairs of financially distressed cities. Amends the Illinois Development Finance Authority Act to provide for issuance of the Authority's bonds in implementation of a financially distressed city assistance program. Effective January 1, 1991.

HB 3090 DOUBLE BARRELLED BONDS/LOCAL
GOVERNMENT MISCELLANEOUS CHANGES
PUBLIC ACT 86-1179
Extensive legislation containing the following municipal provisions: Specifies that downstate police and fire pension trustees may use conflict of interest exemptions in the Public Officer Prohibited Activities Act. Amends the Vehicle Code to allow counties and municipalities to regulate traffic in or near church parking areas. Amends the Local Government Debt Reform Act to make changes concerning double-barrelled bonds by requiring the published notice to include a statement that identifies the revenue source that will be used to pay off the bonds and changes the back door signature requirements from 15 percent within 21 days to the greater of (i) 7.5 percent or (ii) the lesser of 200 voters or 15 percent within 30 days. Effective August 17, 1990.

HB 3099 ARTERIAL ROADS
PUBLIC ACT 86-1229
Amends the Illinois Highway Code. Provides that the highway commissioners in a single township road district may designate certain roads as vital upon approval by the county superintendent of highways after notice and hearing. Provides that the county must give written approval of the closing of any road designated as arterial. Effective January 1, 1991.

HB 3152 ENTERPRISE ZONES
PUBLIC ACT 86-1456
Amends the Retailer's Occupation Tax Act to change from an absolute requirement to an alternative requirement the retention of at least 90 percent of the jobs in place when a taxpayer is granted an Illinois Enterprise Zone exemption from the tax on tangible personal property used or consumed in operating pollution control facilities or in manufacturing. Exempts personal property used in an enterprise zone for graphic arts production from taxation under the Retailers' Occupation Tax Act. Authorizes 7 additional Enterprise Zones in 1990. Effective January 1, 1991.

HB 3183 RECYCLED NEWSPRINT ACT
PUBLIC ACT 86-1443

Creates the Recycled Newsprint Use Act. Requires the use of recycled newsprint by each newspaper published and distributed in this State and by out of state newspapers. Creates the Used Motor Oil Recycling Act. Requires a feasibility study of State Collection and

disposal assistance program for waste oil to be conducted by the Department of Energy and Natural Resources. Effective November 29, 1990.

HB 3284 CONFLICT OF INTEREST
PUBLIC ACT 86-1271
Provides that the 7 1/2 percent conflict of interest provisions apply to municipal officials, treasurers, and financial officers pertaining to investments in which they may invest public funds. Effective January 1, 1991.

HB 3324 RURAL BOND BANK
PUBLIC ACT 86-1185
Amends the Illinois Rural Bond Bank authorized indebtedness from $50 million to $100 million. Changes provisions relating to the Bank's inability to meet its debts. Updates references to certain local tax statutes. Effective August 27, 1990.

HB 3337 DRUG FREE WORKPLACE
PUBLIC ACT 86-1459

Creates the Drug Free Workplace Act. Requires grant recipients or contractors with the State to insure drug free workplaces. Effective January 1, 1991.

HB 3350 ANNEXATION/BOUNDARY LINE AGREEMENTS
PUBLIC ACT 86-1169
Amends the Municipal Code. Provides that, in the absence of a boundary line agreement between municipalities concerning annexation of unincorporated territory, the Code provisions concerning such agreements shall not be construed as a limitation on a municipality's power to annex territory. Provides that this amendatory Act is declarative of existing law and shall not be construed to modify or create powers of a municipality not already in existence. Amends the Municipal Code concerning annexation agreements with the owners of unincorporated territory. Provides that the territory is subject to the ordinances, control, and jurisdiction of the municipality; that lack of contiguity does not affect the validity of any agreement; that the land may be annexed as provided in Article 7 of the Code at the time the land is or becomes contiguous; and that the amendatory Act is declarative of existing law. Effective January 1, 1991.

HB 3406 RETIREE HEALTH INSURANCE
PUBLIC ACT 86-1444
Amends the Insurance Code in relation to the firelighter's group health insurance continuation privilege. Allows election of continued coverage in addition to medicare coverage. Amends the State Mandates Act to require implementation without reimbursement. Amends the Insurance Code to require that group accident and health insurance policies covering IMRF employees allow those employees to elect continued group insurance coverage for an employee's retirement or disability period. Exempt this requirement from State reimbursement under the State Mandates Act. Effective January 1, 1991.

HB 3426 EPA/SELECT INCINERATOR POSTPONEMENT
PUBLIC ACT 86-1239
Amends the Environmental Protection Act providing that from the effective dace of this amendatory Act until December 31, 1991, no permit shall be issued for a new hazardous waste incineration facility unless the facility is part of a State or federally designated clean-up action. Effective September 4, 1990.

Page 14 / Illinois Municipal Review / January 1991

PUBLIC ACT 86-1279
Amends the Liquor Control Act. Provides that judicial review of a final administrative decision of the State Commission may be requested by any party in interest, including the local liquor control commissioner. Further provides that if a licensee appeals a decision of the local commission to the State Commission, the licensee shall continue in business pending the State Commission's decision and pending a rehearing. Effective January 1, 1991-

HB 3610 DRUG ASSET FORFEITURE
PUBLIC ACT 86-1382

Creates the Drug Asset Forfeiture Procedure Act. Requires forfeiture of property which is attributable or facilitates the manufacture, sale, transportation, distribution, possession or use of controlled substances. Amends the Criminal Code of 1961,'the Cannabis Control Act and the Illinois Controlled Substances Act to conform policies and procedures with the Drug Asset Forfeiture Procedure Act. Effective September 10, 1990.

HB 3656 STORMWATER MANAGEMENT
PUBLIC ACT 86-1463
Amends the Counties Code concerning stormwater and floodplain management: authorizes revenue bonds; allows county regulation of location, width, and course; allows a county to share costs with a subdivider; authorizes a tax to be levied for management programs and facilities; authorizes permit and detention tees and service charges; and makes other changes. Repeals the Floodplain Land and Property Acquisition Law. Creates 7 stormwater management planning councils with membership appointed by mayor and county board respectively. Effective December 12, 1990.

HB 3682 "9-1-1" AMENDMENTS
PUBLIC ACT 86-1344
Amends the Emergency Telephone System Act. Provides that the monthly surcharge imposed by telecommunication carriers to fund the 9-1-1 emergency system shall be imposed for each network connection instead of for each subscriber. Permits any municipality or county to issue bonds, notes or other obligations secured in whole or in part by the proceeds of the surcharge authorized by this amendatory Act and states that the State will not limit or alter those rights. Requires that any monies collected pursuant to the Section will be held in trust and are not subject to the claims of creditors of the telecommunication carrier. Effective November 1, 1990.

HB 3721 LOCAL TOURISM ACCOUNT
PUBLIC ACT 86-1426
Amends the State Finance Act. Changes the excess amount which may be credited from the Build Illinois Fund to the Convention and Local Tourism Bureau Account from $5, 000, 000 to 88, 000, 000. Effective January 1, 1991.

HB 3795 COTERMINOUS CITY/TOWNSHIPS
PUBLIC ACT 86-1299
Amends an Act concerning townships. Defines a "coterminous city". Clarifies procedures for annexation by coterminous city- townships and permits city to agree with adjacent township to annex but not disconnect territory from the adjacent township. Effective January 1, 1991.

HB 3842 PLAT ACT AMENDMENTS
PUBLIC ACT 86-1349
Amends the Plat Act. Requires submission of an application for approval of a plat to DOT, the local highway authority, or the local health department, as appropriate, when roadway access or lack of public sewers is involved. Requires approval or disapproval within 90 days or other mutually agreed period. Requires reasons for disapproval. Allows the plat to be approved once the improvements are incorporated into the application or if there is no response within the 90 days or other mutually agreed period. Effective January 1, 1991.

HB 3843 JURY TRIAL COST
PUBLIC ACT 86-1386
Amends the Clerks of Courts Act and the Code of Criminal Procedure of 1963. Requires a $50 fee for filing a demand for jury trial in ordinance violation cases punishable by fine only. Provides for waiver of jury trial if demand is not filed or the fee is not paid. Effective September 10, 1990.

HB 3868 CABLE TELEVISION
PUBLIC ACT 86-1410
Amends the Counties Code Section on community antenna television systems providing that when an area is annexed to a municipality, the cable television franchise in the annexed area continues, but the county gets the franchise fees for only 5 more years. Allows the municipality to authorize its existing cable television franchise to provide services in the annexed area under terms that are similar to the franchise in the area annexed.
Amends the Illinois Municipal Code. Permits community antenna television companies to install cable television facilities after meeting certain notice requirements. Allows municipalities with less than 2, 000, 000 inhabitants to own and operate community antenna television systems. Effective September 11, 1990.

HB 3870 POLICE/SCHOOL PLAYGROUNDS
PUBLIC ACT 86-1304
Amends the School Code. Authorizes, rather than requires, municipal police control and protection over school playgrounds, recreation grounds and athletic fields located wholly or partly outside of, but within one mile of the municipality's corporate limits. Effective January 1, 1991.

HB 3896 GRAPHIC ARTS/REVENUE CODE
PUBLIC ACT 86-1306
Amends the Service Occupation Tax Act to include graphic arts production servicemen in the provision that sale of service does not include servicemen who transfer property the value of which is less than 75 percent of the cost of service. Effective November 1, 1990.

HB 4190 TOLL HIGHWAY AUTHORITY
PUBLIC ACT 86-1164
Amends the State Toll Highway Authority Act. Makes changes concerning temporary appointments of Authority directors to fill vacancies. Authorizes the Authority to construct waterways and interchange improvements. Deletes prohibition against contracts for use in part of toll highways for hotel or railway purposes. Changes requirements concerning bids on contracts. Requires the Authority to prepare annual and 10-year capital plans. Makes other changes. Effective August 10, 1990.

January 1991 / Illinois Municipal Review / Page 15

SB 1657 PUBLIC BUILDING COMMISSION
PUBLIC ACT 86-1215
Amends the Public Building Commission Act. Authorizes a public building commission to designate areas lying within the territorial limits of the county for municipal projects under the Act. Limits the changes to counties with a population between 20, 000 and 21, 000 as determined by the 1980 federal census. Requires approval of 3/4 of the members of the governing body of any municipality where sites will be located. Effective January 1, 1991.

SB 1704 FIREFIGHTER SHIFT TRADES/STATEWIDE
UNION OFFICERS PUBLIC ACT 86-1395
Amends the Municipal Code, Fire Protection District Act, and University of Illinois Act. Allows firemen to have leave for work hours devoted to duties as an elected State officer of a statewide labor organization, provided that a replacement is found. Defines "statewide labor organization" and "elected State officer". Requires that the replacement firefighter be qualified to perform the absent fire- fighter's duties. Limits leave to 20 shifts per year for 4 of the 9 elected state officers, the remaining 5 officers would have an unlimited amount trades. Limits home rule preemption to leaves relating to performance of labor organization duties. Effective September 10, 1990.

SB 2052 BUILDING CODE VIOLATIONS
PL- HI AC ACT 86-1202
Amends the Illinois Municipal Code to add enforcement provisions for building code violations. Effective January 1, 1991.

SB 2109 ESDA EARTHQUAKE PROGRAM
PUBLIC ACT 86-1205
Amends the Emergency Services and Disaster Agency Act to expand the earthquake awareness program, to allow agreements between the agency and medical and equipment vendors for immediate availability of resources in an emergency and payment for any resources used, and allows the agency to determine jurisdictional areas required to include earthquake preparedness plans in their local emergency plans. Effective January 1, 1991.

SB 2222 VARIOUS MUNICIPAL CODE MODIFICATIONS
PUBLIC ACT 86-1470
Amends the Municipal Code. Provides that the annual appropriation ordinance takes effect upon passage and permits passage to occur immediately after public hearing. Allows registration of persons in the landscape maintenance business or in the business of generating landscape waste. No fee may be charged. Provides certain exemptions.

Amends the Unified Code of Corrections to allow all fire departments (rather than only those using non-volunteer firemen) to be reimbursed by person convicted of DUI for emergency equipment and personnel.
Amends the Municipal Code concerning service of municipal ordinance violation summons by the city clerk by certified mail and concerning the clerk making minutes of regular meetings available 24 hours before the next regular meeting. Amends the Counties Code and the Municipal Code to allow a requirement of fences around or covers over swimming pools. Effective December 12, 1990.

SB 2253 EPA/SOLID WASTE
PUBLIC ACT 86-1363
Amends the Environmental Protection Act to impose a new tax on municipal waste incinerators. Provides special procedures and criteria for the issuance of adjusted standards for the discharge of pollutants into the Mississippi and Ohio Rivers by water treatment works. Changes standards for aggravation or mitigation of civil penalties. Creates the Solid Waste Site Operator Classification Law. Provides for the certification of operators and imposes specified fees. Amends the Solid Waste Management Act to impose recycling programs on State agencies and colleges. Amends the Toxic Pollution Prevention Act to grant the EPA power to review State administrative rules to determine their impact on toxic pollution and authorizes the awarding of grants to further the purposes of the Act. Amends the Natural Resources Act to direct the Department of Energy and Natural Resources to develop a program for recycling phone books. Effective September 7, 1990.

SB 2306 ORDINANCE VIOLATIONS
PUBLIC ACT 86-1364
Amends the Municipal Code authorizing municipalities over 100, 000 population to establish by ordinance a code hearing unit to conduct hearings concerning alleged violations of certain types of municipal codes and impose penalties. Effective September 7, 1990.

Page 16 / Illinois Municipal Review / January 1991