ILLINOIS MUNICIPAL LEAGUE
1991 LEGISLATIVE AGENDA
By THOMAS G. FITZSIMMONS
The 1991 legislative agenda has been approved by the League Legislative Committee and Board of Directors. The agenda is limited to nine proposals. The main focus of this year's legislative attention will be devoted to revenue issues. The continuation of the temporary income tax surcharge is of primary concern to municipalities. In addition, the General Assembly will be considering property tax issues.
The League's agenda is only a fraction of the thousands of bills that will be introduced in 1991. The General Assembly is in a substantive year so all subject matters may be considered. The following proposals are the League's proposals:
IML 1991 LEGISLATIVE PROPOSALS
HOUSE BILL 299 — Representative Steczo, Dangerous Building Authority
Amends Chapter 24, paragraph 11-31-1 of the Municipal Code allowing municipalities the statutory authority to deal with dangerous and unsafe buildings. The General Assembly in 1990 approved House Bill 2967 which the Governor approved P.A. 86-1158. One provision of the bill inadvertently stripped municipal authority with respect to dangerous and unsafe buildings in municipalities of less than 50,000 in population located in a county which has adopted a county health department.
HOUSE BILL 716 — Representative Curran, Illinois Commerce Commission/Railroad Grade Crossings
Amends the Illinois Commercial Transportation Law of the Illinois Vehicle Code. Provides that the Illinois Commerce Commission shall consider the long range transportation system plan of each affected highway authority in determining the location of railroad grade crossings and separation of grades. The bill provides that the expense of separating the grades shall be approved by each affected highway authority and that before the project is begun, each highway authority must have the financial ability to pay its portion of the expense.
HOUSE BILL 1941 — Representative McAfee, Redemption Sales/Municipal Liens
Amends the Revenue Act of 1939 to require that all liens of a municipality for water or sewer service be released before a tax deed can be issued for real property sold for delinquent taxes.
HOUSE BILL 1932 — Representative Brunsvold, Non-partisan Elections in Villages
Amends the Municipal Code to provide for nonpartisan elections in Villages even without a referendum as required by Section 3-5-3i. Current law assumes all Villages conduct partisan elections unless a referendum for non-partisan elections is approved. The bill changes the presumption to non-partisan.
SENATE BILL 63 — Senator Madigan, State Certified Real Estate Appraisers
Amends the Illinois Municipal Code (Chapter 24, paragraph 11-76-4.1) pertaining to the municipal sale of real estate. The current statute requires the value of real estate to be determined by a written MAI certified appraisal. The requirement of an MAI certified appraisal is to insure land or building being sold at a price not less than the fair market value. The cost and availability of an MAI appraiser can be difficult and expensive.
In 1989 the General Assembly passed Senate Bill 1463, which Governor Thompson approved, creating Public Act 86-925 which became effective in late 1989. The law contained a section establishing a State Certified Real Estate Appraiser. The requirements of the new7 statute provide an opportunity for the municipal code to be amended allowing cities to use these new appraisers in addition to MAI certified appraisers.
SENATE BILL 153 — Senator Jacobs, Vacancy in Village Trustee
Amends Chapter 24, paragraph 3-5-2 of the Municipal Code which provides:
"Whenever a vacancy in the office of a trustee in any
April 1991 / Illinois Municipal Review / Page 5
village or incorporated town, whether incorporated under a general or a special act, occurs during his term, the vacancy shall be filled for the remainder of the term at the next general municipal election as provided in Section 3-2-7. During the period from the time that the vacancy occurs until a trustee is elected, as provided in this section, and has qualified, the vacancy may be filled by the appointment of a trustee by the president and remaining trustees, voting jointly".
The recommendation is to correlate section 3-5-2 with other municipal officers by providing that the vacancy is to be filled by the appointment of the president with the advice and consent to the trustees.
SENATE BILL 256 — Senator Donahue, Right-of-Way Maintenance
Amends the Municipal Code to give municipal governments the authorization to adopt a reasonable ordinance that would require a property owner immediately adjacent to the municipal street right-of-way to mow and maintain that area in a manner similar to their own property and/or as required by newly adopted ordinances.
SENATE BILL 390 — Senator Weaver, Library Districts/Municipal Consent
Amends the Public Library District Act. Provides that no public library district may be organized to include territory within 1.5 miles of the corporate limits of a municipality that currently maintains a local tax supported library except with the consent of the corporate authorities of that municipality.
Page 6 / Illinois Municipal Review / April 1991
