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THE 1991 SESSION

By ROGER HUEBNER, Director of Legislative Programs

The following document contains an index and synopsis of legislation adopted by the General Assembly in 1991. The bills are listed in numerical order. The synopsis gives the bill number, subject matter, Governor's action, and a brief explanation of the bill.

This information has been condensed significantly and the full bill should be reviewed with your corporation counsel to determine its application to your municipality. This report is designed to make you aware of legislation approved by the General Assembly. The League will publish in the Illinois Municipal Review the final action of the Governor and the new laws affecting municipalities.

If you have questions concerning any legislation, call the league office at 217/525-1220.

INDEX

Bill
Number
Public Act
Number

HB 69 "9-1-1" Amendments..................... P.A. 87-146
HB 105 Rural Bond Bank ........................ P.A. 87-4
HB 114 E.P.A. Local Solid Waste Disposal Fees.... P.A. 87-735
HB 175 Workers' Compensation Act/Burial
             Expense............... AMEND VETO ACCEPTED
HB 177 Public Labor Relations Act/Agreed Bill.... P.A. 87-736
HB 299 Municipal Code/Dangerous & Unsafe
             Buildings............................... P.A. 87-387
HB 317 Human Rights Act Exemption/Police
             & Firefighter Hiring ..................... P.A. 87-348
HB 407 Dual Office Holding..................... P.A. 87-350
HB 420 Sales Tax Sharing/Intergovernmental
             Agreement ............................. P.A. 87-305
HB 460 Computerized Traffic Regulation
             Adjudication............................ P.A. 87-181
HB 466 Public Official Threats................... P.A. 87-238
HB 515 Police Training/High Speed Chase ........ P.A. 87-182
HB 516 Local Real Estate Tax Reimbursement
             Act .................................... P.A. 87-737
HB 542 Mammogram Insurance Coverage ........ P.A. 87-780
HB 706 E.P.A. Hazardous Substances Costs
             Recovery............................... P.A. 87-309
HB 746 Impact Fee Interest Bearing Accounts ..... P.A. 87-187
HB 799 Service of Summons/Official Bond
             Approval............................... P.A. 87-738
HB 802 O.S.H.A. Enforcement/Department of
             Labor.................................. P.A. 87-245
HB 803 Forest Preserve/Sanitary Landfills ........ P.A. 87-554
HB 811 Local Government Employees Political
             Rights Act.............................. P.A. 87-385
HB 812 Equitable Restrooms Act................. P.A. 87-472
HB 816 Local Government Employee Benefits
             Continuation Act........................ P.A. 87-631
HB 875 State Mandates Report................... P.A. 87-112
HB 901 Environmental Barriers Act............... P.A. 87-393
HB 927 Real Estate Reimbursements/Minutes
             Availability/Standardize Backdoor
             Referendum ............................ P.A. 87-767
HB 931 Senior Citizens Tax Relief/Municipality
             Receive List ............................ P.A. 87-247
HB 965 Permit Municipal Appropriations
             Transfers............................... P.A. 87-365
HB 970 Administrative Changes To I.M.R.F. ...... P.A. 87-740
HB 988 Transient Merchant Modification ......... P.A. 87-155
HB 1006 Local Government Health Insurance
             Changes ............................... P.A. 87-585
HB 1176 D.C.C.A. Business Grants ................ P.A. 87-156
HB 1254 Fiscal Responsibility Report Care Act ..... P.A. 87-782
HB 1256 Special Service Area Tax ................. P.A. 87-588
HB 1323 Limit Municipal Housing Authorities ...... P.A. 87-200
HB 1405 J.U.L.I.E. Changes/CATS ............... P.A. 87-125
HB 1533 Right To Privacy In The Workplace
             Act ................... AMEND VETO ACCEPTED
HB 1556 State Mandate Act Amendment........... P.A. 87-113
HB 1838 Tax Increment Financing/Revenue Act
             Changes ........................... SENT TO GOV
HB 1932 Village Nonpartisan Elections ............ P.A. 87-403
HB 2019 E.P.A. Report On Out Of State Waste ..... P.A. 87-484
HB 2085 Public Employee Armed Services
             Rights Act.......................... AMEND VETO
HB 2100 Workplace Literacy Act.................. P.A. 87-661
HB 2148 Various Municipal Code Changes ......... P.A. 87-773
HB 2149 New State Mandates Act Board ........... P.A. 87-748
HB 2211 Mechanics Lien Act Notice ............... P.A. 87-329
HB 2253 E.P.A. Solid Waste ...................... P.A. 87-330
HB 2309 Library District Disconnection ............ P.A. 87-611
HB 2355 Community Investment Recovery Act ..... P.A. 87-212
HB 2417 Illinois Bell Coin Operated Tax ........... P.A. 87-750
HB 2526 Legislative Intent Employment
             Illinois Workers ......................... P.A. 87-377
HB 2530 Vehicle Code/Environmental Barriers
             Act .................................... P.A. 87-562
SB 16 Landfill Siting Contiguous Municipal
             Notice ................................. P.A. 87-333
SB 89 Open Meetings Act/Sale or Purchase
             of Real Estate ........................... P.A. 87-491
SB 136 Social Security/Pension Code ............. P.A. 87-11
SB 139 Library District Sale of Property
             to Municipality .......................... P.A. 87-277
SB 140 Contiguous Municipalities Incorporation ... P.A. 87-278
SB 153 Village Trustee Vacancy/Mayor
             Appointment ........................... P.A. 87-494
SB 165 Special Assessments Payment ............. P.A. 87-532
SB 203 Township Notice Of Accomplished
             Annexation ............................. P.A. 87-533

December 1991 / Illinois Municipal Review / Page 19


SB 253 Home Rule Preemption/Wildlife .......... P.A. 87-296
SB 384 Tort Immunity Act Modification .......... P.A. 87-706
SB 385 Elected Zoning Board/Enterprise Utility
             Taxes .................................. P.A. 87-535
SB 427 Changes Orders in Writing ............... P.A. 87-618
SB 429 Liquor License Renewal/Delinquent
             Taxes .................................. P.A. 87-344
SB 628 Emergency Medical Services Estimated
             Response ............................... P.A. 87-499
SB 672 Recapture Improvement Fees............. P.A. 87-539
SB 750 Historic Preservation Act ................. P.A. 87-717
SB 829 Public Funds Investment Act ............. P.A. 87-288
SB 907 Traffic Fines/Court Fees ................. P.A. 87-670
SB 909 Sale Of Surplus Real Estate Appraisal...... P.A. 87-573
SB 986 Service Of Summons For Ordinance
             Violation ............................... P.A. 87-574
SB 989 Bans White Goods ....................... P.A. 87-727
SB 992 Special Service/Special Assessment Lien
             Recording .............................. P.A. 87-728
SB 1032 Home Rule Impact Note Act ............. P.A. 87-229
SB 1086 Riverboat Gambling
             Changes............... AMEND VETO ACCEPTED
SB 1202 E.S.D.A. Modifications................... P.A. 87-168
SB 1329 Revenue Issues Study Act Of Local
             Government Fiscal Practices .............. P.A. 87-236
SB 1342 Indebtedness Included In Audit Report .... P.A. 87-433
SB 1374 County Floodplain Regulation ............ P.A. 87-136
SB 1378 Income Tax/Property Tax Limits/Interstate
             Telecommunications..................... P.A. 87-17

HOUSE BILLS

HB69 P.A. 87-146
"9-1-1" AMENDMENTS

Amends the Emergency Telephone System Act. Provides that ICC shall require 911 systems to be accessible to hearing and voice impaired persons. Requires inclusion of all unincorporated areas in county 911 systems. Prohibits connection of equipment to 911 systems if it contains equipment that automatically dials 911. Changes composition of Emergency Telephone System Boards. Establishes penalties for violators of certain provisions. Amends the Public Officer Prohibited Activities Act and the Emergency Telephone System Act to allow county board members in counties with a population under 100,000 inhabitants to serve on an emergency telephone system board. Provides that the Board and chairman of the county board shall ensure that all areas, rather than all unincorporated areas, of the county are included in the system.

HB 105 P.A. 87-4
RURAL BOND BANK

Amends the Rural Bond Bank Act. In the definition of "governmental unit", adds public corporation, local governmental body, and local public entity as defined in the Local Governmental and Governmental Employees Tort Immunity Act. Authorizes the Rural Bond Bank to transfer to the State General Revenue Fund any amount the commissioners deem excess reserves of the reserves funded by Public Act 86-1072. Effective immediately.

HB 114 P.A. 87-735
E.P.A. LOCAL SOLID WASTE DISPOSAL FEES

Amends the Natural Resources Act in relation to the use of donations made to the Department of Energy and Natural Resources. Provides that funds received by that Department as gifts, bequests, donations, income from property rental and endowments, rather than any funds received by that Department, must be deposited into the Natural Resources fund. Amends the Environmental Protection Act concerning State and local solid waste disposal fees. Provides that the Agency shall with respect to owners and operators that are paying fees imposed by a local unit of government as of the effective date of this amendatory act, deduct from the State fee the amount by which the local fee exceeds $0.45 per cubic yard or $0.95 per ton.

HB 175 AMENDATORY VETO ACCEPTED
WORKERS' COMPENSATION ACT/BURIAL EXPENSE

Amends the Workers' Compensation Act. Increases burial expense payment from $1,750 to $4,200.

HB 177 P.A. 87-736
PUBLIC LABOR RELATIONS ACT/AGREED BILL

Amends the Illinois Public Labor Relations Act relating to Labor Board sanctions, unfair labor practices and the applicability of the Act to certain fire protection districts. Amends the Illinois Educational Labor Relations Act to define short term employees and concerning Labor Board sanctions. Effective January 1, 1992.

HB 299 P.A. 87-387
MUNICIPAL CODE/DANGEROUS & UNSAFE BUILDINGS

Amends the Municipal Code. Provides that counties having adopted a county health department may exercise (rather than shall have) certain powers with regard to unsafe and dangerous buildings in municipalities with less than 50,000 population.

HB 317 P.A. 87-348
HUMAN RIGHTS ACT EXEMPTION/POLICE &
FIREFIGHTER HIRING

Amends the Human Rights Act. Provides that the Act does not apply to refusal to hire or discharge an individual as a firefighter/paramedic or law enforcement officer if the individual has attained the "age of hiring or retirement" in effect under State law on or before March 3, 1983. Provides that the amendatory provisions also apply to local laws. Provides that the amendatory provisions shall remain in effect until December 31, 1993 or until the removal of similar provisions from federal law, whichever is later. Immediate effective date.

HB 407 P.A. 87-350
DUAL OFFICE HOLDING

Amends the Public Officer Prohibited Activities Act. Provides that no township supervisor or trustee may hold another office by appointment of the township board unless he or she first resigns from the office of supervisor or trustee (rather than that he or she may not hold another office while serving as supervisor or trustee). Provides that no county board member, city alderman, or member of a village board of trustees may hold another office by appointment of certain others unless he or she first resigns that office.

HB 420 P.A. 87-305
SALES TAX SHARING/INTERGOVERNMENTAL
AGREEMENT

Amends the Municipal Code and the Counties Code. Allows home rule municipalities and counties to enter into intergovernmental agreements to share use and occupation tax receipts. Repealed 3 years after the effective date. Effective immediately.

HB 460 P.A. 87-181
COMPUTERIZED TRAFFIC REGULATION
ADJUDICATION

Amends the Illinois Vehicle Code. Changes provisions governing the administrative adjudication of violations of traffic regulations concerning the standing or parking of vehicles to allow for notices produced by computerised devices. Effective immediately.

HB 466 P.A. 87-238
PUBLIC OFFICIAL THREATS

Amends the Criminal Code of 1961 relating to the offense of threatening a public official. Changes definition of public official to mean a person who is elected to office or who is appointed to an office which is established and the qualifications and duties of which are prescribed by statute to discharge a public duty for the State of any of its political subdivision.

HB 515 P.A. 87-182
POLICE TRAINING/HIGH SPEED CHASE

Amends the Illinois Police Training Act. Includes in the curriculum to be taught to all probationary police officers the hazards of high-speed police vehicle chases with an emphasis on alternative to the high-speed chase. Authorizes the Board to review and approve academy applicants to ensure the applicants are of good character and that they have never been convicted of a felony offense or a crime involving moral turpitude.

HB 516 P.A. 87-737
LOCAL REAL ESTATE TAX REIMBURSEMENT ACT

Creates the Local Tax Reimbursement Act. Allows local taxing districts to reimburse surplus funds to taxpayers. Limits application

Page 20 / Illinois Municipal Review / December 1991


to homestead property. Provides that in determining each owner's proportionate share of reimbursed taxes, the numerator is the amount of taxes on homestead real property paid by the owner, and the denominator is the aggregate total of all taxes on homestead real property paid by all owners.

HB 542 P.A. 87-780
MAMMOGRAM INSURANCE COVERAGE

Amends the Municipal Code and the Counties Code to require municipalities and counties that are self-insurers for purposes of providing health insurance coverage for their employees to include baseline and periodic mammograms in that coverage. Further provides that municipalities and counties that do not provide insurance coverage of mammograms shall themselves provide or cause to be provided mammograms to their employees. Preempts home rule powers.

HB 706 P.A. 87-309
E.P.A. HAZARDOUS SUBSTANCES COST RECOVERY

Amends the Environmental Protection Act to provide for recovery of costs incurred by local governments in responding to releases of hazardous substances. Amends the Hazardous Material Emergency Response Reimbursement Act to require responsible parties to reimburse emergency response agencies and certain private contractors in a reasonable and timely manner.

HB 746 P.A. 87-187
IMPACT FEE INTEREST BEARING ACCOUNTS

Amends the Highway Code. Requires that all road improvement impact fees collected shall be deposited into accounts paying interest. Requires all refunds made to bear interest at a rate which is at least 70% of the Prime Commercial Rate in effect at the time of the imposition of the fee rather than the greater of 9% per annum or 70% of the Prime Commercial Rate in effect at the time of the imposition of the fee. Effective immediately.

HB 799 P.A. 87-738
SERVICE OF SUMMONS/OFFICIAL BOND APPROVAL

Amends the Municipal Code concerning approval of official bonds by judges. Amends the Counties Code to remove the service of summons for ordinance violations. The sheriffs will serve ordinance violations summons for a fee at the request of the local law enforcement agency. Contains various other local governmental changes.

HB 802 P.A. 87-245
O.S.H.A. ENFORCEMENT/DEPARTMENT OF LABOR

Amends the Safety Inspection and Education Act and the Health and Safety Act to transfer jurisdiction under the Acts from the Industrial Commission to the Department of Labor.

HB 803 P.A. 87-554
FOREST PRESERVE/SANITARY LANDFILLS

Amends the Downstate Forest Preserve District Act and Conservation District Act. Prohibits land owned or acquired by a forest preserve district or conservation district from being used for sanitary landfill or similar purposes. Prohibits a district from transferring land to an entity it has reason to know intends to use the land for sanitary landfill or similar purposes. Also provides that no land owned or acquired by a forest preserve district or conservation district may be used for the development or operation of any new regional or nonregional pollution control facility. Prohibits a district from transferring land to an entity it has reason to know intends to use the land for developing or operating a new regional or nonregional pollution control facility.

HB 811 P.A. 87-385
LOCAL GOVERNMENT EMPLOYEES POLITICAL
RIGHTS ACT

Creates the Local Governmental Employees Political Rights Act. Prohibits units of local government from inhibiting or prohibiting the exercise of political rights by an employee. Prohibits an employee from (i) using his or her position to coerce or inhibit others or (ii) engaging in political activities while at work or on duty. Includes making campaign contributions within the definition of "political rights". Preempts home rule. Effective immediately.

HB 812 P.A. 87-472
EQUITABLE RESTROOMS ACT

Creates the Equitable Restrooms Act. Provides that certain places of public accommodation (entertainment area stadiums, convention halls, special event centers, amusement facilities) shall provide toilet facilities at a specified ratio based on premises capacity and gender.

HB 816 P.A. 87-631
LOCAL GOVERNMENT EMPLOYEE BENEFITS
CONTINUATION ACT

Provides that employees who are members of reserve components of the U.S. Armed Services and who are mobilized to active military duty on or after August 1, 1990 by order of the President shall continue, beginning as of August 1, 1990, to receive the same compensation and benefits they were receiving or accruing when so mobilized for the duration of their active military service. Extends continuation of benefits to employees of units of local government. Exempts employees of a unit of local government if 20% or more of the unit's employees are mobilized to active military duty after August 1, 1990. Preempts home rule powers. Effective immediately.

HB 875 P.A. 87-112
STATE MANDATES REPORT

Amends the State Mandates Act to require the Department of Commerce and Community Affairs to report each year (now periodically) regarding the administration of, and proposed changes to, the Act.

HB 901 P.A. 87-393
ENVIRONMENTAL BARRIERS ACT

Amends the Environmental Barriers Act. Provides for Capital Development Board issuance of interpretation of standards on request within 30 days or as agreed by parties. Effective immediately.

HB 927 P.A. 87-767
REAL ESTATE REIMBURSEMENTS/MINUTES
AVAILABILITY/STANDARDIZE BACKDOOR
REFERENDUM

Creates the Local Tax Reimbursement Act to permit the corporate authorities of a taxing district to transfer surplus funds into a tax reimbursement account for disbursement to the owners of taxable homestead real property in the taxing district. Amends the Illinois Municipal Code relating to records of the meetings of the corporate authorities. Provides availability 10 days after approval by corporate authorities. Amends various Acts to standardize provisions relating to back door referenda. Amends Metropolitan Water Reclamation District Act to exclude from the District bonds limit certain bonds issued for repayment of money received from the Water Pollution Control Revolving Loan Fund. Adds immediate effective date.

HB 931 P.A. 87-247
SENIOR CITIZENS TAX BELIEF/MUNICIPALITY
RECEIVE LIST

Amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act to require the Department of Revenue to make a list of persons qualified under the Act available to municipalities. Imposes a confidentiality requirement.

HB 965 P.A. 87-365
PERMIT MUNICIPAL APPROPRIATIONS TRANSFERS

Amends the Municipal Code. Authorizes a municipality that has adopted an annual appropriation ordinance to at any time (rather than after the first half of each fiscal year) make transfers within any

December 1991 / Illinois Municipal Review / Page 21


department or other separate municipal agency of moneys appropriated for one corporate object or purpose to another corporate object or purpose.

HB 970 P. A. 87-740
ADMINISTRATIVE CHANGES TO I.M.R.F.

Amends the I.M.R.F. Article of the Pension Code to allow nonparticipants holding elective office to receive a retirement annuity during their tenure. Contains numerous other changes and administrative provisions. This is a technical bill agreed to by the Illinois Municipal League and I.M.R.F., it contains no benefit increases. Effective immediately.

PENSION IMPACT NOTE: The bill would have no financial impact.

HB 988 P.A. 87-155
TRANSIENT MERCHANT MODIFICATION

Amends the Transient Merchant Act of 1987. Provides that the Act does not apply to a person operating a stand or booth at a trade show, exposition, convention or similar event. Effective immediately.

HB 1006 P.A. 87-585
LOCAL GOVERNMENT HEALTH INSURANCE CHANGES

Amends the State Employees Group Insurance Act. Provides that employees of a unit of local government that chooses to participate under the Act may select group health coverage under either the State group health insurance plan or a health maintenance organization. Provides that the unit of local government must pay the entire cost of providing coverage under the group insurance plan or, for coverage under an HMO. Provides that a local governmental unit's payment for coverage of its employees under an HMO shall be based on an analysis of the age, sex, and other demographic variables of its employees (rather than on an analysis of its employees currently enrolled in an HMO). Effective July 1, 1992.

HB 1176 P.A. 87-156
D.C.C.A. BUSINESS GRANTS

Amends the Civil Administrative Code of Illinois. Provides that the Department of Commerce and Community Affairs has the power to award grants to businesses located in the central business district of municipalities to encourage and assist the business in maintaining its operation in that area.

HB 1254 P.A. 87-782
FISCAL RESPONSIBILITY REPORT CARE ACT

Creates the Fiscal Responsibility Report Care Act. Requires each taxing district to submit an annual fiscal responsibility report card to the clerk of each county in which the taxing district is located.

HB 1256 P.A. 87-588
SPECIAL SERVICE AREA TAX

Amends the Special Service Area Tax Act. Sets forth required information to be explained in a proposal to establish a special service area. The proposal must be signed by an owner of record within the area and filed with the chief elected official of the municipality or county. Provides that the new requirements do not apply to special service areas initiated by the corporate authorities.

HB 1323 P.A. 87-200
LIMIT MUNICIPAL HOUSING AUTHORITIES

Amends the Housing Authorities Act in relation to focus and priorities of the authorities and Commissioner duties and responsibilities. Requires a municipality or county to have more than 25,000 (now 10,000) inhabitants before it may establish an authority. States that a county authority may maintain its control over an existing authority if a municipality decides to create a separate authority in the same area.

HB 1405 P.A. 87-125
J.U.L.I.E. CHANGES/CATS

Amends the Illinois Underground Utility Facilities Damage Prevention Act to provide that the "reinstallation of traffic control devices" constitutes an emergency for purposes of requiring advance notice of excavating near existing underground utility facilities or CATS facilities under the Illinois Underground Utility Facilities Damage Prevention Act. Provides that nothing in the Act shall be deemed to make the Department of Transportation or its officers or employees liable concerning certain underground utility facilities or CATS facilities located on highway rights-of-way. Provides that every person engaged in emergency excavation or demolition shall take reasonable precautions to avoid or minimize interference between the emergency work and existing underground utility facilities or CATS facilities in and near the excavation or demolition area by notifying the utility facility or CATS facility through the State-Wide One-Call Notice System. Provides that "excavation" as used in the IL Underground Utility Facilities Damage Prevention Act does not include land surveying operations as defined in the IL Professional Land Surveyor Act of 1989, when not using power equipment.

HB 1533 AMENDATORY VETO ACCEPTED
RIGHT TO PRIVACY IN THE WORKPLACE ACT

Creates the Right to Privacy in the Workplace Act. Prohibits an employer from refusing to hire or from discharging or otherwise disadvantaging an individual with respect to compensation, terms, conditions or privileges of employment because the individual uses lawful products off the premises of the employer during non-working hours.

HB 1556 P.A. 87-113
STATE MANDATE ACT AMENDMENT

Amends the State Mandates Act to provide that failure of the General Assembly to appropriate adequate funds for reimbursement does not relieve the Department of Commerce and Community Affairs from its obligations under this Act.

HB 1838 SENT TO GOVERNOR
TAX INCREMENT FINANCING/REVENUE ACT CHANGES

Amends the Illinois Municipal Code to revise the requirements under which a municipality must make a deposit into the Special Tax Increment Fund when it does not extend an ad valorem property tax. Amends the Illinois Municipal Code to amend the tax increment financing (TIF) provisions of the Illinois Municipal Code to revise definitions and procedures relating to redevelopment projects in municipalities and to allow municipalities to cure defects in certain TIF ordinance notice requirements. Amends the Revenue Act of 1939 to repeal provisions relating to tax abatements for certain lodges on property leased from the Dept. of Conservation; allows such abatement at the option of the county clerk for lodges opening after 1991. Effective immediately.

HB 1932 P.A. 87-403
VILLAGE NONPARTISAN ELECTIONS

Amends the Illinois Municipal Code relating to the nomination and election of village presidents and trustees. Provides that a village incorporated under the Illinois Municipal Code shall nominate and elect those officers at nonpartisan elections until the electors of the village vote at a referendum to provide for partisan elections. Provides that villages which have held nonpartisan elections for president and trustees shall continue nonpartisan elections until the voters adopt referendums to hold partisan elections.

HB 2019 P.A. 87-484
E.P.A. REPORT ON OUT OF STATE WASTE

Amends the Environmental Protection Act to require quarterly reports from incinerator and landfill operators indicating the quantity of waste received from each state.

HB 2085 AMENDATORY VETO
PUBLIC EMPLOYEE ARMED SERVICES RIGHTS ACT

Creates the Public Employee Armed Services Rights Act. Pro-

Page 22 / Illinois Municipal Review / December 1991


vides that a member of the Illinois National Guard or Armed Forces Reserve who is placed on active duty status after January 1, 1990 shall have the same rights and benefits (as specified in the Act) when he or she returns to public employment as he or she would have had if he or she had been a public employee instead of on active duty. Preempts home rule. Effective immediately.

HB 2100 P.A. 87-661
WORKPLACE LITERACY ACT

Creates the Workplace Literacy Act. Provides that the Prairie State 2000 Authority may make grants to certain agencies to conduct workplace literacy and basic skills education programs for employees of public or private employers or union members whose literacy skills constitute an employment barrier.

HB 2148 P.A. 87-773
VARIOUS MUNICIPAL CODE CHANGES

Amends the Municipal Code. Provides that in municipalities of less than 500,000 the municipal clerk when authorized by the corporate authorities may appoint one deputy clerk who need not be a resident of the municipality. Provides that corporate authorities of the municipality may tax persons engaged in the business of transmitting messages by radio magnetic waves or fiber optics. Amends the Local Government Prompt Payment Act. Requires contractors and vendors to pay subcontractors on a pro-rata basis of work completed when the contractor receives any payment. Applies to sub tier subcontractors. Provides for a 2% per month interest rate on late payments. Effective immediately except that changes to the Local Government Prompt Payment Act are effective January 1, 1992.

HB 2149 P.A. 87-748
NEW STATE MANDATES ACT BOARD

Amends the State Mandates Act to repeal the provisions governing the Board of Appeals on January 1, 1992 and creates a new State Mandates Board of Review to begin January 1, 1992. Effective immediately.

HB 2211 P.A. 87-329
MECHANICS LIEN ACT NOTICE

Amends the Mechanics Lien Act concerning liens against public funds. Requires notice to be given to the clerk or secretary, as the case may be, of the local governmental unit (now, the official whose duty it is to pay the contractor).

HB 2253 P.A. 87-330
E.P.A. SOLID WASTE

Amends the Solid Waste Planning and Recycling Act to include encouragement of source reduction among the purposes of the Act. Amends the Environmental Protection Act to authorize the Agency to provide financial assistance to counties and joint action agencies for implementing solid waste management plans.

HB 2309 P.A. 87-611
LIBRARY DISTRICT DISCONNECTION

Amends the Public Library District Act. States factors to be considered by the court in determining whether to grant a library district's petition opposing disconnection from the district of territory annexed by a municipality that maintains a public library. States relief the court may grant, including disconnection of the territory in parts, a sharing of revenues and services by the 2 libraries, and a referendum on the question. Specifies that, in the provisions concerning sharing of revenues and services by 2 libraries, the court may grant relief in the form of approving an agreement between the parties for a sharing of real estate tax revenues from the annexed territory.

HB 2355 P.A. 87-212
COMMUNITY INVESTMENT RECOVERY ACT

Creates the Community Investment Recovery Act. Allows the State or a unit of local government to recover damages if it provides or improves real property to induce a business to locate or remain on the property and the business closes down operations on the property within 24 months.

HB 2417 P.A. 87-750
ILLINOIS BELL COIN OPERATED TAX

Amends the Public Utilities Act. Authorizes a telecommunications carrier to recover the expenses of municipal taxes imposed on coin-operated telephones and to authorize amounts refunded to customers as a result of additional charges collected to recover municipal tax expenses. Directs the Commerce Commission to establish a Universal Telephone Service Assistance Program for low income residential customers. Effective immediately.

HB 2526 P.A. 87-377
LEGISLATIVE INTENT EMPLOYMENT
ILLINOIS WORKERS

Amends the Employment of Illinois Workers on Public Works Act. Adds legislative intent to declare the State's objective to utilize Illinois laborers to the greatest extent possible on public works projects or improvements by the State or local governments.

HB 2530 P.A. 87-562
VEHICLE CODE/ENVIRONMENTAL BARRIERS ACT

Amends the Illinois Vehicle Code and the Environmental Barriers Act. Provides that any owner constructing or altering a public facility in violation of the Environmental Barriers Act shall be punished by a fine not to exceed $250 per day and that each day the owner is in violation constitutes a separate business of tense. Provides that beginning October 1, 1992, all handicapped parking spaces, except those located on-street, shall be at least 16 feet wide.

SENATE BILLS

SB 16 P.A. 87-333
LANDFILL SITING CONTIGUOUS MUNICIPAL NOTICE

Amends the Environmental Protection Act to require applicants for local site review of a new regional pollution control facility to give notice to all municipalities contiguous to the municipality in which the proposed site is located. Requires the county board or municipal authority, rather than the applicant, to provide the notice. Effective immediately.

SB 89 P.A. 87-491
OPEN MEETINGS ACT/SALE OR PURCHASE OF
REAL ESTATE

Amends the Open Meetings Act. Provides that meetings of all public bodies (rather than only school boards) discussing the acquisition or sale of real estate may be closed meetings.

SB 136 P.A. 87-11
SOCIAL SECURITY/PENSION CODE

Amends the Social Security Enabling Act portion of the Pension Code to provide for certain federally required SS coverage.

SB 139 P.A. 87-277
LIBRARY DISTRICT SALE OF PROPERTY
TO MUNICIPALITY

Amends the Public Library District Act. Authorizes the board of a public library district to sell to a municipality unneeded real property which was received from the municipality due to the conversion of a tax supported public library to a public library district. Requires that the sale price be at least 80% of the appraised value of the property.

SB 140 P.A. 87-278
CONTIGUOUS MUNICIPALITIES INCORPORATION

Amends the Municipal Code. Authorizes 2 or more contiguous municipalities wholly or substantially situated (now, situated) in a single county to unite into one incorporated city.

SB 153 P.A. 87-494
VILLAGE TRUSTEE VACANCY/MAYOR APPOINTMENT

Amends the Municipal Code. Provides that a vacancy in the office of trustee of a village or incorporated town shall be filled by the appointment of a trustee by the village or town president with the advice and consent of the remaining trustees. (Now, the appointment is by the president and remaining trustees, voting jointly.) Effective immediately.

SB 165 P.A. 87-532
SPECIAL ASSESSMENTS PAYMENT

Amends the Municipal Code with respect to special assessments. Requires the collector to give notice, within 10 days after receipt of the warrant, of the date on or before which the assessment may be paid without interest.

December 1991 / Illinois Municipal Review / Page 23


SB 203 P.A. 87-533
TOWNSHIP NOTICE OF ACCOMPLISHED ANNEXATION

Amends the Municipal Code. Requires a municipal clerk to send by registered mail notices to highway commissioners concerning proposed and accomplished annexations of territory containing roads under the jurisdiction of those highway commissioners. Provides that a municipal clerk's failure to send a required notice to a highway commissioner will obligate the municipality to reimburse the road district served by that highway commissioner for any resulting loss or liability, rather than defeat the annexation.

SB 253 P.A. 87-296
HOME RULE PREEMPTION/WILDLIFE

Amends the Wildlife Code to preempt home rule powers in relation to the regulation of the taking of furbearers. Provides that counties may sell licenses authorized by the Wildlife Code. Allows counties to petition for a special prohibition against hunting a certain species within that county for the upcoming open season for that species. Preempts home rule concerning the regulation and licensing of the taking of wildlife in Illinois.

SB 384 P.A. 87-706
TORT IMMUNITY ACT MODIFICATION

Amends the Local Governmental and Governmental Tort Immunity Act provides that a local public entity may protect itself against any property damage or loss which may be imposed upon it or one of its employees under federal or State law.

SB 385 P.A. 87-535
ELECTED ZONING BOARD/ENTERPRISE UTILITY TAXES

Amends the Municipal Code. Allows municipalities with a population under 5,000 with an appointed zoning board of appeals to switch to an elected board of appeals upon petition and referendum approval. Amends the Municipal Code to provide that municipalities may not impose utility taxes within an enterprise zone, unless the tax was imposed before the designation of the enterprise zone.

Amends the Public Utilities Act to provide that there may be no pass-on of municipal utility taxes in an enterprise zone, unless the pass-on was imposed before the designation of the enterprise zone.

SB 427 P.A. 87-618
CHANGES ORDERS IN WRITING

Amends the Public Contractor Article of the Criminal Code of 1961 to require change orders to be made in writing. Makes other changes in Section relating to change orders. Provides that only one of 3 conditions must be met in order for the change order to be permitted.

SB 429 P.A. 87-344
LIQUOR LICENSE RENEWAL/DELINQUENT TAXES

Provides that no retailer's license shall be renewed if the Dept. of Revenue has reported to the IL Liquor Control Commission that the retailer is delinquent in filing tax returns or paying State taxes until the Dept. of Revenue certifies that the delinquencies have been corrected or an agreement to correct them has been accepted by the Dept. Provides that no retailer's liquor license issued by a local liquor control commissioner shall be renewed unless the applicant provides documentation that any municipal or county tax owed by the applicant has been satisfied by payment in certain forms.

SB 628 P.A. 87-499
EMERGENCY MEDICAL SERVICES ESTIMATED
RESPONSE

Amends the Emergency Medical Services (EMS) Systems Act to provide that if an ambulance is requested by telephone and the estimated response time is more than 5 minutes, the dispatcher shall advise the caller of the estimated time of arrival. Applies to ambulances on which only basic life support services are provided.

SB 672 P.A. 87-539
RECAPTURE IMPROVEMENT FEES

Amends the Municipal Code. Authorizes municipal corporate authorities to reimburse a portion of the expense incurred by the holder of a building permit in constructing water or sewer facilities, roadways, or traffic-related improvements if the construction is required as a condition of issuing the building permit. The reimbursement may be made from fees charged to owners of property that is outside the property for which a building permit has been issued but that may benefit from those facilities, roadways or improvements.

SB 750 P.A. 87-717
HISTORIC PRESERVATION ACT

Amends the Illinois State Agency Historic Resources Preservation Act. Removes projects carried out under State licenses, permits or entitlements from the definition of undertakings that require notification of the Director of Historic Preservation. Removes funding of an undertaking and State approval of a private undertaking as events before which the director must be notified of the project. Removes the term "planned" from the definition of an undertaking. Defines "feasible" to include consideration of economic, environmental, social and technological factors. Effective immediately.

SB 829 P.A. 87-288
PUBLIC FUNDS INVESTMENT ACT

Amends the Public Funds Investment Act. Authorizes the investment of public funds in mutual funds invested in U.S. government obligations. Effective immediately.

SB 907 P.A. 87-670
TRAFFIC FINES/COURT FEES

Amends the Clerks of Courts Act, the Counties Code, the Unified Code of Corrections, the Violent Crime Victims Assistance Act, the Illinois Police Training Act and the Illinois Vehicle Code. Establishes a formula for disbursement of certain moneys collected by the circuit clerk for certain traffic offenses. Provides that a county with a population under 2,000,000 shall have the option to choose, by ordinance, whether or not to follow the formula for disbursement of the moneys. Limits home rule. Makes other changes regarding fees. Effective January 1, 1992.

SB 909 P.A. 87-573
SALE OF SURPLUS REAL ESTATE APPRAISAL

Amends the Illinois Municipal Code concerning sale of surplus real estate. Provides that the value of surplus public real estate may be made by a written certified appraisal of a State certified or licensed real estate appraiser.

SB 986 P.A. 87-574
SERVICE OF SUMMONS FOR ORDINANCE VIOLATION

Amends the Municipal Code and the Code of Criminal Procedure. Allows police officers to serve summons for violations of any ordinance, rather than only ordinances governing the parking or standing of vehicles occurring within their municipalities. Provides that police officers may serve summons for violations of ordinances occurring within their municipalities.

SB 989 P.A. 87-727
BANS WHITE GOODS

Bans white goods from landfills. Revises white goods (large appliances) provisions. After July 1, 1992 requires components to be removed before disposal in landfill. Provides for additional requirements beginning July 1, 1994.

SB 992 P.A. 87-728
SPECIAL SERVICE/SPECIAL ASSESSMENT
LIEN RECORDING

Amends the Municipal Code to provide that a judgment lien for a special tax or assessment is not valid unless the judgment is recorded within 60 days after the assessment roll is confirmed. Amends the Special Service Area Tax Act. Requires an ordinance establishing or altering boundaries to be recorded within 60 days to be valid. Applies prospectively. Effective immediately.

SB 1032 F.A. 87-229
HOME RULE IMPACT NOTE ACT

Creates the Home Rule Note Act. Requires bills that deny or limit

Page 24 / Illinois Municipal Review / December 1991


the powers or functions of home rule units to have prepared by the Department of Commerce and Community Affairs a Home Rule Note estimating the probable impact of the bill on home rule powers and functions.

SB 1086 AMENDATORY VETO ACCEPTED
RIVERBOAT GAMBLING CHANGES

Amends the Riverboat Gambling Act. Makes changes in the information regarding a licensee or applicant that shall be furnished by the Board. Provides that requests shall be in writing. Specifies exemptions from the disclosure requirements. Provides that fees may be assessed for providing and copying information. Allows a person over 18 and under 21 to work on a riverboat, except in gambling-related activities. Allows a licensed owner to extend credit to a patron. Gives the Board exclusive responsibility to determine hours for sale of liquor on riverboats, and preempts home rule. Makes other changes. Amends the Gambling Article of the Criminal Code and the Liquor Control Act to conform to changes made in the Riverboat Gambling Act. Adds immediate effective date.

SB 1202 P.A. 87-168
E.S.D.A. MODIFICATIONS

Amends the Emergency Services and Disaster Agency Act. Requires that each emergency services and disaster agency submit to the Illinois Emergency Services and Disaster Agency an emergency operations plan for its geographic boundaries that complies with E.S.D.A. planning standards (rather than keep current an emergency operations plan). Changes the name of the Illinois Emergency Services and Disaster Agency to the Illinois Emergency Management Agency. Provides that the agency shall review and approve local agency emergency operations plans.

SB 1329 P.A. 87-236
REVENUE ISSUES STUDY ACT OF LOCAL GOVERNMENT
FISCAL PRACTICES

Creates the Revenue Issues Study Act. Provides that the General Assembly Standing Committees on Revenue shall hold hearings, undertake a study and present recommendation to the General Assembly on the reform and standardization of local government fiscal practices.

SB 1342 P.A. 87-433
INDEBTEDNESS INCLUDED IN AUDIT REPORT

Amends the Municipal Code. Requires that municipal audit reports filed with the Comptroller be accompanied by a copy of each official statement or other offering of materials prepared in connection with the issuance of indebtedness of the municipality since the filing of the last audit report.

SB 1374 P.A. 87-136
COUNTY FLOODPLAIN REGULATION

Amends the Counties Code. Authorizes counties to adopt and enforce floodplain regulations consistent with federal regulations that implement the National Flood Insurance Act of 1968. Directs the Department of Transportation to prepare manuals and model ordinances and advise counties.

SB 1378 P.A. 87-17
INCOME TAX/PROPERTY TAX LIMITS/INTERSTATE
TELECOMMUNICATIONS

Enacts the Property Tax Extension Limitation Act to impose a property tax extension limitation on taxing districts in counties contiguous to a county with 2,000,000 or more inhabitants. Amends numerous Acts to provide for a statewide uniform date of property tax levies of the last Tuesday in December. Provides for use of prior year equalized assessed value in calculation of tax rates and a quarterly property tax payment system in Cook County. Amends the Illinois Income Tax Act to keep individual rates at 3% for 2 years, then 2.75% thereafter and corporate rates at 4.8% for 2 years, then 4.4% thereafter. Replaces the income tax deduction for property tax with an income tax credit of 5% of property tax paid by individual taxpayers on their principal residence. Provides for distribution of proceeds from the tax. Authorizes municipalities to impose a telecommunications tax. Effective dates vary.

December 1991 / Illinois Municipal Review / Page 25


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