1992 LEGISLATION
AFFECTING MUNICIPALITIES
THE 1992 SESSION
By ROGER HUEBNER, Director of Legislative Programs
The 1992 legislative session focused once again on revenues versus appropriations. The General Assembly concluded its work in a timely fashion. Of foremost importance was the local government distribution of income tax surcharge revenues. The agreement contained in Senate Bill 1378 maintains the 1992-1993 local government portion at 75%. The General Assembly did not consider any pension benefit legislation. No expansion of property tax caps was seriously debated.
The message of problematic unfunded state mandates is on the front burner. Senate Bill 1556 placed an advisory referendum on the November ballot which was overwhelmingly approved. The question asked Illinois voters if a constitutional amendment should be placed on the ballot in 1994 restricting the General Assembly's ability to pass costly programs onto local property taxes.
The following document contains an index and synopsis of legislation adopted by the General Assembly in 1992. 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. The Governor's action is included as either a public act number which means the bill is law or a veto action which means the bill returns to the General Assembly. All bills returned to the General Assembly will be reviewed during the veto session. The legislature will either accept the total or amendatory veto or vote to override the Governor's veto.
This information has been condensed significantly and the full bill should be reviewed to determine its application to your municipality. This report is designed to make you aware of legislation approved by the General Assembly.
If you have questions concerning any legislation, call the League office at (217) 525-1220. Thank you once again for making your League successful.
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INDEX |
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Bill |
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Public Act |
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HB 180 |
Unemployment Act Changes ............ |
P.A. 87-1178 |
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HB 854 |
Omnibus Local Government Bill ......... |
P.A. 87-1197 |
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HB 2725 |
Tax Increment Penancing ............... |
P.A. 87-872 |
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HB 2741 |
Adopt-A-Highway ..................... |
P.A. 87-1118 |
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HB 2916 |
Municipal Officers Statute |
P.A. 87-1119 |
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HB 2962 |
Police Search Recovery Cost ............ |
P.A. 87-1027 |
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HB 3029 |
Household Hazardous Waste ............ |
P.A. 87-1159 |
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HB 3042 |
Sales Tax Increment Financing .......... |
P.A. 87-875 |
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HB 3256 |
Revenue Act Changes .................. |
P.A. 87-876 |
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HB 3327 |
Village Library Act..................... |
P.A. 87-1032 |
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HB 3374 |
Annexation Agreements................. |
P.A. 87-1137 |
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HB 3379 |
Professional Services ................... |
P.A. 87-1034 |
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HB 3380 |
Wastewater Treatment/Septic Sludge .... |
P.A. 87-1138 |
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HB 3456 |
Homestead Exemption Increases......... |
P.A. 87-894 |
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HB 3495 |
Court Filing Fees ...................... |
P.A. 87-1201 |
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HB 3519 |
Enviro. Health Practitioner Registration |
AMEND VETO ACCEPTED |
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HB3561 |
Plumbing Licensing Law Changes........ |
P.A. 87-885 |
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HB 3598 |
Municipal Vehicle Tax/Vehicle |
AMEND VETO ACCEPTED |
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HB 3618 |
Fiscal Report Card Filing ............... |
P.A. 87-1002 |
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HB 3638 |
Lead Poisoning Prevention Act .......... |
P.A. 87-1144 |
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HB 3746 |
Vehicle Code/ Truck Weight ............ |
P.A. 87-1203 |
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HB 3779 |
Public Building Commission............. |
P.A. 87-1046 |
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HB 3808 |
Housing Affordability Impact Note Act... |
P.A. 87-1149 |
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HB 3843 |
Compost Standards .... |
AMEND VETO ACCEPTED |
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HB 3867 |
Road Fund Diversion ... |
AMEND VETO ACCEPTED |
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HB 3878 |
Stormwater/Solid Waste Committee |
P.A. 87-1049 |
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HB 3884 |
Traffic Fines/Trauma |
AMEND VETO ACCEPTED |
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HB 4040 |
EPA Siting/Local Official Voting ........ |
P.A. 87-1152 |
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HB 4041 |
Solid Waste Planning ................... |
P.A. 87-906 |
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HB 4049 |
Billboard Regulation/Payment for |
P.A. 87-1205 |
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HB 4083 |
Senior Citizen Housing/Cemetery |
P.A. 87-1153 |
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HB 4147 |
Juvenile Detention ..................... |
P.A. 87-1154 |
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SB 221 |
Omnibus Local Government Bill ......... |
P.A. 87-1208 |
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SB 911 |
O.T.B. Revenues/Municipal Recreation... |
P.A. 87-1209 |
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SB 1490 |
Home Rule Tax Abatements/Plat Act..... |
P.A. 87-1189 |
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SB 1556 |
State Mandates Referendum Act ......... |
P.A. 87-919 |
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SB 1590 |
Enterprise Zone Act/Notice of Ceasing |
P.A. 87-981 |
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SB 1625 |
Working Cash Fund Abolition ........... |
P.A. 87-982 |
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SB 1657 |
Drug Testing/EMT's ... |
AMEND VETO ACCEPTED |
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SB 1713 |
Aldermanic Vacancies — 60 Days ........ |
P.A. 87-1052 |
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SB 1717 |
Earnfare Act........................... |
P.A. 87-893 |
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SB 1764 |
White Goods Deadline — July 1, 1994 .... |
P.A. 87-858 |
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SB 1768 |
Quantity Based Garbage Fees/EPA |
AMEND VETO ACCEPTED |
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SB 1776 |
Police/Fire Examinations ............... |
P.A. 87-953 |
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SB 1783 |
Income Tax Surcharge .................. |
P.A. 87-860 |
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SB 1789 |
Disciplinary Actions for Police |
AMEND VETO ACCEPTED |
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SB 1940 |
T.I.F. Bonds........................... |
P.A. 87-958 |
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SB 1964 |
First Degree Murder/Police, Fire, |
P.A. 87-921 |
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SB 2039 |
Limousine Inspections .................. |
P.A. 87-1111 |
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SB 2053 |
State Comptrollers Local Govt. |
P.A. 87-1112 |
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SB 2075 |
School Visitation Rights Act ................... |
AMEND VETO ACCEPTED |
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SB 2139 |
Sanitary Districts/Acquire Treatment |
P.A. 87-1060 |
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SB 2176 |
Groundwater Contamination/Municipal |
P.A. 87-1196 |
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SB 2200 |
Proportional Trucks/Municipal |
P.A. 87-1063 |
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SB 2204 |
Economic Opportunity — DCCA ........ |
P.A. 87-926 |
HOUSE BILLS
HB 180 P.A. 87-1178
UNEMPLOYMENT ACT CHANGES
Amends the Unemployment Insurance Act to change definitions of "employer" and "employment" for purposes of the Act. Changes
December 1992 / Illinois Municipal Review / Page 9
definition of "wages" for calendar years 1988 through 1996 and calendar year 1998 and each calendar year thereafter, rather than through 1992, for purposes of the Act. Changes guidelines governing when an employing unit ceases to be an employer. Changes an individual's weekly benefit amounts. Changes provisions governing an employer's benefit charges. Changes the "adjusted State experience factor" during certain years. Removes a provision repealing language governing a federal penalty tax avoidance surcharge. Amends the Civil Administrative Code of Illinois to authorize Dept. of Employment Security to enter into contracts to provide payment of certain royalties, fees, or other compensation. Makes other changes. Effective immediately.
HB 854 P.A. 87-1197
OMNIBUS LOCAL GOVERNMENT BILL
This bill was a large conference committee report for local governments. The following provisions affect municipalities: Authorizes a municipal recreation board to consist of 9 members, and provides that the terms of the board members shall be 5 years. Provides that certain municipal officer eligibility requirements shall not apply to certain officers. Provides that a lien against property based on delinquent sewerage charges or rates is created in favor of a municipality, county, sanitary district, or public water district or the Metropolitan Water Reclamation District or Greater Chicago only if the entity sends notices to the property owner. Requires the entity to send to the property owner a copy of the notice of Lien filed with the recorder. Authorizes a landlord to commence a forcible entry and detainer action against a tenant who is delinquent in paying sewerage charge or rates. Provides for republication within 30 days of erroneously-printed municipal ordinance, without effect on the ordinance's effective date. Makes changes concerning annexation of territory in an adjacent township by a city that is coterminous with a township.
HB2725 P.A. 87-872
TAX INCREMENT FINANCING
Amends the Illinois Municipal Code. Provides a formula for money to be deposited in a municipal tax allocation fund under the tax increment allocation redevelopment provisions for municipalities in counties with a population of 3,000,000 or more if the municipality has provided for at least one installment of a tax bill to be collected on an estimated basis, provided that certain criteria are met. Effective immediately.
HB 2741 P.A. 87-1118
ADOPT-A-HIGHWAY
Creates the Illinois Adopt-A-Highway Act. Authorizes municipalities, townships, and counties in the State to establish programs permitting volunteer groups to adopt sections of rights of way within the jurisdictional areas of those governments for purposes of litter collection. Establishes guidelines for the program. Amends the Illinois Vehicle Code and the Illinois Highway Code to provide that municipalities, townships, and counties may erect Adopt-A-Highway signs rather than the Department of Transportation. Provides that "litter" does not include carcasses. Requires that a length of State right-of-way be identified by DOT and sponsoring jurisdiction as a safe, adoptable section of right-of-way. Requires signs to be uniform in terms of location. Provides that nothing in the Act prevents the execution of intergovernmental agreements. Makes other changes. Effective immediately.
HB2916 P.A. 87-1119
MUNICIPAL OFFICERS STATUTE RECODIFICATION
Amends the Municipal Code and various other Acts to recodify the law concerning municipal officers. Sections 1 through 11, effective May 13, 1993. Sections 11.1 and 12, effective immediately. This is the Article III rewrite agreed upon by the Illinois State Bar Association and the Illinois Municipal League.
HB 2962 P.A. 87-1027
POLICE SEARCH RECOVERY COST
Amends the Police Search Cost Recovery Act to create a cause of action by a governmental unit that expends funds in conducting a police search to find a noncustodial parent who has abducted his child in violation of a court order or without consent of the lawful custodian of the child. Provides that the cause of action lies against the noncustodial parent.
HB 3029 P.A. 87-1159
HOUSEHOLD HAZARDOUS WASTE
Amends the Local Hazardous Waste Collection Program Act. Changes its title to the Household Hazardous Waste Collection Program Act. Changes the designation of local hazardous waste collection centers to household hazardous waste collection centers. Requires the Environmental Protection Agency to operate household hazardous waste collection centers until March 1, 1995. Provides for collection of hazardous waste from households rather than small quantity generators. Requires the Agency to report to the Governor and General Assembly by January 1, 1995, regarding the effectiveness of the collection program. Amends the Environmental Protection Act to prohibit disposal of household hazardous waste in municipal sanitary landfills and incinerators.
HB3042 P.A. 87-875
SALES TAX INCREMENT FINANCING
Amends the Illinois Municipal Code to allow municipalities to use revenues, other than State sales tax increment revenues, received from one redevelopment project area for eligible costs in a contiguous redevelopment project area.
HB 3256 P.A. 87-876
REVENUE ACT CHANGES
Amends the State and local occupation and use tax Acts. Provides for a tax rate of 1% of the serviceman's cost of food prepared for immediate consumption and transferred incident to a taxable sale of service by an entity licensed under the Hospital Licensing Act or the Nursing Home Care Act. Amends the Illinois Municipal Code to change the amount received by the Department of Revenue for collecting the Chicago motor vehicle use tax from a flat 2% to the amount actually spent by the department. Changes the Use Tax Act to provide that the tax applies only to items purchased at retail from a retailer. Changes the method of calculating tax for servicemen. Also makes other changes in the application and administration of the State occupation and use tax Acts.
HB 3327 P.A. 87-1032
VILLAGE LIBRARY ACT
Amends the Village Library Act. Provides that no new libraries shall be established under that Act after the effective date of this amendatory Act of 1992. This amendatory Act of 1992 does not affect the maintenance of libraries established under the Village Library Act before that date.
HB3374 P.A, 87-1137
ANNEXATION AGREEMENTS
Amends the Municipal Code. Provides that property that is the subject of an annexation agreement is not subject to the jurisdiction of the annexing municipality in (i) a county over 3,000,000, (ii) a county that borders such a county, or (iii) counties over 246,000 and bordered by the Mississippi River unless the parties to the annexation agreement have, at the time the agreement is signed, ownership or control of all property that would make the property that is the subject of the agreement contiguous to the municipality.
HB 3379 P.A. 87-1034
PROFESSIONAL SERVICES
Amends the Local Government Professional Services Selection Act. Provides that certain provisions of the Act may be waived in emergency situations or when the cost of architectural, engineering, and land surveying services for a project is expected to be less than $25,000.
HB3380 P.A. 87-1138
WASTEWATER TREATMENT/SEPTIC SLUDGE
Amends the Environmental Protection Act to authorize waste-water treatment facilities owned or operated by a unit of local gov-
Page 10 / Illinois Municipal Review / December 1992
ernment to accept septic system sludge from residents of the unit of local government or residents of the county who are not served by a wastewater treatment facility. Authorizes the unit of local government to charge reasonable fees to cover handling of septic system sludge. Provides that only wastewater treatment facilities in counties of less than 3,000,000 population may accept septic system sludge from persons not served by a wastewater treatment facility. Provides that the added Section does not limit any power exercised by a unit of local government under any other law.
HB3456 P.A. 87-894
HOMESTEAD EXEMPTION INCREASES
Amends the Revenue Act of 1939 to increase the senior citizen homestead from $2,000 to $2,500 and the general homestead exemption from $3,500 to $4,500, in Cook County only. Provides that the general State school aid formula is not affected by the increase in homestead exemptions in Cook County. Exempted from the State Mandates Act. Effective immediately.
HB 3495 P.A. 87-1201
COURT FILING FEES
Amends the Clerks of Courts Act to exempt units of local government and school districts in counties over 180,000 but less than 650,000 inhabitants from the circuit clerk's filing fees. Amends the Counties Code to provide that the filing of the report of fees by the State's attorney to the circuit court may be waived by written administrative order of the chief circuit judge upon written request and affidavit of the State's attorney that all fines, fees, forfeitures, and restitution are collected by the circuit clerk and that none of those funds pass through the office of the State's attorney.
HB 3519 AMENDATORY VETO ACCEPTED
ENVIRONMENTAL HEALTH PRACTITIONER
REGISTRATION ACT
Creates the Environmental Health Practitioner Registration Act to govern professionals who work in the field of environmental health. Amends the Regulatory Agency Sunset Act to provide for the repeal of the Environmental Health Practitioner Registration Act on December 31, 2002. Limits home rule preemption to licensing, but not regulation. Replaces the National Environmental Health Association exam that is certified by the National Association Professional Examination Service, that shall be administered by an entity approved by the Department. Requires the individual, not the employer, to be responsible for registering and paying all necessary fees required under the Environmental Health Practitioner Registration Act. Effective July 1, 1993.
HB 3561 P.A. 87-885
PLUMBING LICENSING LAW CHANGES
Amends the Illinois Plumbing License Law. Amends and adds definitions. Requires apprentice plumbers to be at least 16 years of age. Revises the law in relation to sponsorship of apprentices. Changes administrative provisions concerning hearings and notice of hearings. Authorizes the Department of Public Health to establish a schedule of fees under the Act and removes the language that currently sets the amounts of the fees. Allows the Department to include rules concerning the minimum number of fixtures necessary to meet the requirements of the federal Americans with Disabilities Act and the Equitable Restrooms Act in the State code of plumbing standards. Amends the State Finance Act to create the Plumbing Licensure and Program Fund into which are sent fees collected under the Illinois Plumbing License Law. The Fund shall be used for expenses of Administration of the Act. Increases the membership of the Plumbing Code Advisory Council to add a member who is a licensed architect. Effective immediately.
HB 3598 AMENDATORY VETO ACCEPTED
MUNICIPAL VEHICLE TAX/VEHICLE REGISTRATION
SUSPENSION
Makes numerous changes to the Illinois Vehicle Code. Of interest to municipalities is that it authorizes the Secretary of State to suspend a person's vehicle registration for failure to pay certain municipal vehicle tax.
HB 3618 P.A. 87-1002
FISCAL REPORT CARD FILING
Amends the Fiscal Responsibility Report Card Act. Increases the time period within which the State and taxing districts must submit a fiscal responsibility report card from 90 days to 180 days after the close of the fiscal year.
HB 3638 P.A. 87-1144
LEAD POISONING PREVENTION ACT
Amends the Lead Poisoning Prevention Act. Changes numerous provisions relating to inspection, mitigation and abatement. Directs the Department to adopt rules relating to issuance of licenses. Directs the Department to encourage minorities or female-owned entities to become licensed lead abatement workers or contractors. Requires the Department to provide the owner or occupants of a dwelling with an inspection report or a mitigation notice. Requires an owner to mitigate a lead hazard. Effective January 1, 1994.
HB 3746 P.A. 87-1203
VEHICLE CODE/TRUCK WEIGHT
Amends the Illinois Vehicle Code. Changes provisions establishing a penalty for violations of certain vehicle weight restrictions by municipalities for the violation of restrictions. Provides a definition of "converter dolly" for purposes of the Code. Provides for a one mile access to or from certain classes of highways on any street or highway unless otherwise prohibited. Requires certain vehicles over 10 feet wide to obtain permits from the Department of Transportation to access certain roads. Adds "converter dolly" to provisions exempting certain vehicles from registration. Authorizes access to certain roads for specified distances without additional fees. Defines "refuse or garbage" for purposes of Chapter regulating the size, weight, load, and permits of certain vehicles. Deletes repetitive provisions granting local authorities the power by ordinance to authorize certain vehicles to operate on local highways. Requires operators of a commercial bicycle messenger service in Chicago to be covered by liability insurance. Changes provisions governing tinted windows. Provides that vehicles transporting more than one container of potable water are not exempt from ICC regulations. Effective immediately.
HB 3779 P.A. 87-1046
PUBLIC BUILDING COMMISSION
Amends the Public Building Commission Act. Provides that the appropriate authority may not appoint fewer than 5 commissioners to a public building commission. Effective immediately.
HB 3808 P.A. 87-1149
HOUSING AFFOBDABILITY IMPACT NOTE ACT
Creates the Housing Affordability Impact Note Act. Requires the Illinois Housing Development Authority to prepare housing affordability impact notes on bills introduced in the General Assembly. Authorizes the Illinois Housing Development Authority to seek assistance from certain Statewide trade organizations in the preparation of a housing affordability impact note. Provides that if the Authority decides there is insufficient information to prepare a reliable estimate of the anticipated impact, a statement to that effect can be filed to meet the requirements of the Act.
HB 3843 AMENDATORY VETO ACCEPTED
COMPOST STANDARDS
Amends the Environmental Protection Act to require the Environmental Protection Agency to develop and the PCB to adopt quality standards for various types of compost by January 1, 1994.
HB 3867 AMENDATORY VETO ACCEPTED
ROAD FUND DIVERSION
Amends the State Finance Act. Extends the Road Fund moneys cap through fiscal year 1993. Limits that amount to fiscal year 1991 appropriations, plus $2.2 million for license plates. Effective immediately.
HB3878 P.A. 87-1049
STORMWATER/SOLID WASTE COMMITTEE BYLAWS
Amends the Counties Code concerning stormwater management and solid waste committees to require the committees to adopt bylaws. Effective immediately.
HB 3884 AMENDATORY VETO ACCEPTED
TRAFFIC FINES/TRAUMA CENTERS
Amends the Illinois Public Aid Code, the Clerks of Courts Act, the Illinois Vehicle Code, the Emergency Medical Services Systems Act,
December 1992 / Illinois Municipal Review / Page 11
and the State Finance Act. Requires the Department of Public Aid and the Department of Public Health to distribute moneys for trauma related reasons from moneys in a Trauma Center Fund created in the State Treasury. Changes the distribution of moneys collected by the Circuit Clerks for certain traffic offenses depending upon whether the fine is less or more than $55. If the fine is over $55 then trauma centers will receive $5 or in certain counties a percentage of the fine.
HB 4040 P.A. 87-1152
EPA SITING/LOCAL OFFICIAL VOTING
Amends the Environmental Protection Act. Provides that a member of a county board or city council is not precluded from taking part in, and voting on, a site review proceeding because the member has publicly expressed an opinion on an issue related to the site review proceeding.
HB 4041 P.A. 87-906
SOLID WASTE PLANNING
Amends the Solid Waste Planning and Recycling Act to provide that solid waste planning should be encouraged to take place on a multi-county, regional basis.
HB 4049 P.A. 87-1205
BILLBOARD REGULATION/PAYMENT FOR REMOVAL
Amends the Code of Civil Procedure. Provides that the right to just compensation in eminent domain proceedings applies to the owners of lawfully erected off-premises outdoor advertising signs that are compelled to be altered or removed by law or ordinance and applies to the owners of the property on which the sign is erected. Amends the Highway Advertising Control Act of 1971 to provide that new signs erected after January 1, 1993 in any county under 2,000,000 population can not exceed 800 square feet in area, excluding extensions and cut-outs. The cut-outs can only account for no more than an additional 20% in sign surface area. Provides that after January 1, 1993, no 2 new signs along primary highways, other than expressways, shall be erected less than 500 feet apart (300 feet inside incorporated municipalities.) Establishes an application fee of $50 for signs less than 150 square feet; $100 for signs at least 150 but less than 300 square feet; and $200 for signs of 300 or more square feet.
HB 4083 P.A. 87-1153
SENIOR CITIZEN HOUSING/CEMETERY REMOVAL
Amends the Local Government Debt Reform Act and the Illinois Municipal Code. Authorizes municipalities with a population in excess of 10,000 located within Cook County to provide senior citizen housing and to issue alternate bonds for this purpose. Prohibits those municipalities from undertaking any new construction for senior citizen housing after January 1, 1993. Further provides that the corporate authorities of any city, village or incorporated town (now city) may remove certain cemeteries with good cause.
HB 4147 P.A. 87-1154
JUVENILE DETENTION
Amends the Juvenile Court Act of 1987. Provides that except for minors accused of violation of an order of the court, any minor accused of any act under federal or State law, or a municipal ordinance that would not be illegal if committed by an adult, cannot be placed in jail, municipal lockup, detention center, or secure correctional facility. Provides that a log shall be kept which show the offense that is the basis for the detention, the reasons for the decision to detain and the length of time the minor was in detention. Prohibits minors under 16 years of age from being confined in a jail or place ordinarily used for the confinement of prisoners in a police station. Requires minors under 17 years of age to be separated from confined adults. Provides that no minor taken into temporary custody shall be placed in a jail, municipal lockup, detention center, or secure correctional facility.
SENATE BILLS
SB 221 P.A. 87-1208
OMNIBUS LOCAL GOVERNMENT BILL
This bill is a large conference committee report concerning local government. The one provision affecting municipalities follows. Amends the Illinois Municipal Code. Grants municipalities of over 10,000 but less than 15,000 population in counties of over 2,000,000 additional powers concerning senior citizen housing, including conduct of a referendum to approve borrowing to provide housing
SB 911 P.A. 87-1209
O.T.B. REVENUES/MUNICIPAL RECREATION
Amends the Horse Racing Act. Provides for certain revenue to be distributed to a municipal recreation board responsible for park maintenance in a municipality with a population of 9,302 wherein is located an inter-track wagering location licensee. Provides for allocation of moneys paid into the Horse Racing Tax Allocation Fund by certain inter-track wagering location licensees operating on November 30, (rather than March 15) 1992.
SB 1490 P.A. 87-1189
HOME RULE TAX ABATEMENTS/PLAT ACT
This bill contains several provisions. The one issue affecting municipalities is the following. Permits a home rule municipality by ordinance to order the county clerk to abate for a period not to exceed 10 years on taxes levied on real estate located in an area of urban decay within the municipality upon which newly constructed single family or duplex residential unit is located; not to exceed 2% of the taxes extended by all taxing districts on all parcels located within the township that contains residential dwelling units of 6 units or less. Amends the Plat Act to provide for a copy of the plat to be filed with the county clerk where the clerk is not also the county recorder.
SB 1556 P.A. 87-919
STATE MANDATES REFERENDUM ACT
Creates the State Mandates Referendum Act. Provides for the submission to the voters of the entire State at the 1992 general election, an advisory referendum to urge the General Assembly to propose an Amendment to the Illinois Constitution prohibiting the enactment of any new unfunded State mandate that imposes additional costs on units of local government. Amends the Election Code to provide that the Act is not subject to the 3 referenda limitation.
SB 1590 P.A. 87-981
ENTERPRISE ZONE ACT/NOTICE OF CEASING BUSINESS
Amends the Enterprise Zone Act. Requires that a business located within an enterprise zone that has received tax credits or exemptions or other benefits under the Act notify the Dept. of Commerce and Community Affairs and local officials within 60 days after ceasing to conduct business operations in the enterprise zone. Effective immediately.
SB 1625 P.A. 87-982
WORKING CASH FUND ABOLITION
Amends the Illinois Municipal Code to permit a municipality to abolish its working cash fund and to permit a municipality that has abolished its working cash fund to create another. Prohibits a municipality that has abolished its working cash fund from establishing another working cash fund for 4 years. Provides that any general obligation bonds that were previously issued for working cash purposes must be retired before a municipality may establish another working cash fund.
SB 1657 AMENDATORY VETO ACCEPTED
DRUG TESTING/EMT's
Amends the Emergency Medical Services (EMS) Systems Act to provide that if rules of the Illinois Department of Public Health or a Project Medical Director concerning licensure of EMT's conflict with or duplicate provisions of a collective bargaining agreement, then those rules shall not apply to persons covered by the collective bargaining agreement concerning only drug testing requirements.
SB 1713 P.A. 87-1052
ALDERMANIC VACANCIES — 60 DAYS
This bill contains several Election Code changes. Amends the Illinois Municipal Code and the Revised Cities and Villages Act of 1941 to provide that aldermanic vacancies shall be filled within 60 days after the vacancy occurs.
SB 1717 P.A. 87-893
EARNFARE ACT
Creates the Work Opportunity and Earnfare Act. Amends the Ill. Public Aid Code, the General Assistance Job Opportunities Act, the Unemployment Insurance Act, the Civil Administrative Code of Ill.
Page 12 / Illinois Municipal Review / December 1992
and the State Finance Act. Requires the Dept. of Public Aid to provide certain types of assistance to individuals to aid them in obtaining necessary information to establish chronically needy status. Makes changes to the criteria for determining whether an individual is chronically needy. Creates the Earnfare Program. Requires the Dept. of Public Aid to refer all recipients of State Transitional Aid that are not chronically needy to the Earnfare Program. Provides guidelines for the Earnfare Program. Requires DCCA to establish the Public Service Employment Program. Provides guidelines for this program. Creates the Emergency Employment Fund. Adds additional members to the Job Opportunity Advisory Council. Contains additional provisions. Effective July 1, 1992.
SB 1764 P.A. 87-858
WHITE GOODS DEADLINE — JULY 1, 1994
Amends the Environmental Protection Act in relation to white goods. Extends from July 1, 1992, until July 1, 1994, the date by which the removal of white good components from white goods before landfilling must begin. Removes provisions requiring retailers and others to accept white goods for recycling. Establishes an advisory White Goods Task Force to make recommendations regarding the implementation of Section 22.28 of the Act. Provides for the task force to report by July 1, 1993. Effective immediately.
SB 1768 AMENDATORY VETO ACCEPTED
QUANTITY BASED GARBAGE FEES/EPA CHANGES
Amends the Environmental Protection Act to add a Title concerning the sale, disposal, and recycling of various batteries. Amends the Natural Resources Act. Creates a Battery Task Force within the Department of Energy and Natural Resources. Requires the Task Force to report to the Governor and General Assembly on management and disposal of household batteries. Provides that the Battery Task Force shall evaluate the feasibility of reverse distribution of battery collection. Requires the Task Force to review existing battery management and collection systems. Amends the Illinois Solid Waste Management Act to create the Solid Waste Advisory Council. Effective immediately.
SB 1776 P.A. 87-953
POLICE/FIRE EXAMINATIONS
Amends the Illinois Municipal Code. Requires examinations for a position in a police or fire department to be open. Removes the requirement that the examinations must be free. Prohibits a municipality from charging or collecting a fee from applicants for a position in a police or fire department once the municipality has determined that the applicant is qualified.
SB 1783 P.A. 87-860
INCOME TAX SURCHARGE
This bill became a massive package of substantive language concerning budget reductions. Of interest to municipalities is the following: Changes the amounts to be deposited into the Income Tax Surcharge Local Government Distributive Fund. Eliminates the requirement for economic impact studies and environmental rulemakings.
SB 1789 AMENDATORY VETO ACCEPTED
DISCIPLINARY ACTIONS FOR POLICE OFFICERS
Amends the Illinois Municipal Code to establish a 5 year statute of limitations on bringing charges before the Police Board or other board or commission charged with hearing disciplinary actions about police officers if the officer is charged with the use of unreasonable force. On December 31, 1993, and every subsequent year, the Police Board or other board or commission shall publish a status report on its investigations of allegations of unreasonable force. Preempts home rule units from exercising powers inconsistent with this amendatory Act. Effective immediately.
SB 1940 P.A. 87-958
T.I.F. BONDS
Amends the Illinois Municipal Code to revise the T.I.F. bond provisions to change the 35-year bond provision to include bonds issued under an ordinance adopted in April, 1984 (currently only bonds issued under an ordinance adopted before January, 1981 can remain outstanding for up to 35 years).
SB 1964 P.A. 87-921
FIRST DEGREE MURDER/POLICE, FIRE, PARAMEDIC
Amends the Criminal Code of 1961 and the Unified Code of Corrections. Makes attempt to commit first degree murder of a peace officer, fireman or correctional employee, paramedic, ambulance driver or medical assistant or first aid personnel employed by a governmental unit in the performance of his duties, or in a retaliation for performing his duties or to prevent the performance of his duties a Class X felony punished with imprisonment of at least 15 years but not more than 60 years.
SB 2039 P.A. 87-1111
LIMOUSINE INSPECTIONS
Provides that a limousine displaying a certificate of safety issued under the Code is exempt from any test required by a municipality.
SB 2053 P.A. 87-1112
STATE COMPTROLLERS LOCAL GOVERNMENT
ADVISORY BOARD
Amends the State Comptroller Act, the Illinois Municipal Code, and the Counties Code. Changes the number of local officials, certified public accountants, and public members on the State Comptroller Local Government Advisory Board and the length of their terms. Repeals a Section concerning municipal and county audit advisory boards. Provides that local officials serving on the State Comptroller Local Government Advisory Board include representatives of municipalities, counties, and townships.
SB 2075 AMENDATORY VETO ACCEPTED
SCHOOL VISITATION RIGHTS ACT
Creates the School Visitation Rights Act. Permits employees who are parents or guardians of school children up to 8 hours of school visitation rights throughout the normal school year. Includes visitation for behavioral as well as educational conferences within the Act's purpose. Defines visitation. Places a 4-hour maximum on an employee's request on one day's visitation. Requires 7 days', rather than 24 hours', notice to an employer by an employee. Permits 24 hours' notice in an emergency. Permits an employer's refusal of request if the greater of 5% of his workforce or 5 employees have requested visitation rights at the same time. Specifies the standard form of documentation of a school visitation. Makes employees eligible under Act after 6 months, rather than 30 days, of employment. Subjects a parent or guardian who fails to submit the required verification of his school visitation to his employer within the time allowed to standard disciplinary procedures for unexcused absences from work, and deletes a provision which extends the Act's applicability to an employer who employs 50 or more workers at a facility within 200 miles of the facility at which the employee requesting leave is employed. Permits an employer to deny an employee's requested visitation time if it would unduly disrupt employer operations, and provides that in such case the employer shall reschedule with the employee another visitation time. Allows an employer to require an employee to make up leave hours within the same pay period if unpaid leave under the Act would conflict with the unreduced compensation requirement for exempt employees under federal law. Legislative intent suggests that this bill is not designed to allow an
December 1992 / Illinois Municipal Review / Page 13
employee additional time off if the employee has personal time that can be utilized for a school visit.
SB 2139 P.A. 87-1060
SANITARY DISTRICTS/ACQUIRE TREATMENT WORK
Amends the North Shore Sanitary District Act and the Sanitary District Act of 1917. Authorizes districts organized under the 1917 Act to acquire treatment works of another district or municipality. Amends the Sanitary District Act of 1917 to authorize district trustees to (i) execute a note and security agreement to borrow up to $1,000,000 to be repaid within 5 years and (ii) execute an agreement for a loan from the Water Pollution Control Revolving Fund.
SB 2176 P.A. 87-1196
GROUNDWATER CONTAMINATION/MUNICIPAL
ANNEXATION
Amends the Municipal Code. Authorizes a municipality to annex contiguous unincorporated improved territory that is contributing to groundwater contamination through the discharge of sanitary sewerage into underground mines and injection wells.
SB 2200 P.A. 87-1063
PROPORTIONAL TRUCKS/MUNICIPAL REGISTRATION
Amends the Illinois Vehicle Code. Exempts certain vehicles that are registered on a proportional basis from provisions authorizing local governments to impose a tax under the Municipal Code. Exempts commercial motor vehicles as defined under the Illinois Motor Carrier Safety Law, rather than any vehicle, registered on a proportional basis.
SB 2204 P.A. 87-926
ECONOMIC OPPORTUNITY — DCCA
Amends the Illinois Economic Opportunity Act. Authorizes the Director of the Department of Commerce and Community Affairs to administer certain federal programs that require or give preference to community action agencies for local administration. Authorizes the Director to provide financial assistance to community action agencies from certain federal programs. Provides that a community action agency shall determine the tenure of its board members. Adds 2 new programs that community action agencies may operate. Effective immediately.
ADDISON RECEIVES
BUDGET AWARD
The Village of Addison has once again received the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada (GFOA). The Award is the highest form of recognition in governmental budgeting. Its attainment represents a significant accomplishment by the elected officials and staff of the Village of Addison.
To receive this Award, the Village of Addison submitted the fiscal year 1992-93 budget for review by a panel of independent budget experts. Using extensive criteria, the reviewers evaluate the effectiveness of the budget as a policy document, a financial plan, an operations guide and a communication device. Award winning documents must he rated "proficient" in all four categories.
Since 1984, over 500 governmental entities have received the Distinguished Budget Presentation Award nationwide. Addison has received the Award annually since 1989.
In announcing Addison's receipt of the Award, Village President Anthony Russotto said "It is only with the hard work and expertise of the members of the Board of Trustees and staff of the Village of Addison that our municipality has again received this honor from the Government Penance Officers Association. Future budget documents of the Village will strive to demonstrate the proficiency required of the GFOA in this Award's evaluation." •
Community Economic
Development: Strategies
For The Future
The 4th Annual Illinois Institute for Rural Affairs/Rural Partners Community Economic Development Conference will be held at the Holiday Inn East, Springfield, on March 17-18, 1993. The theme is "Rural Community Economic Development: Strategies for the Future" and the program features nationally recognized speakers on telecommunications, school/business/community partnerships, and community success stories.
Announcements will be mailed in January. Additional information about the conference can be obtained from Norman Walzer, Illinois Institute for Rural Affairs, Western Illinois University, 518 Stipes Hall, Macomb, IL 61455. (800) 526-9943 or (309) 298-2237. •
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N O T I C E
ALL CORRESPONDENCE ADDRESSED ILLINOIS MUNICIPAL LEAGUE Your Cooperation Will Be Appreciated |
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