The Illinois Municipal League prepares an annual Legislative Agenda by soliciting legislative proposals from the entire League membership. Members send their suggestions to the Illinois Municipal League and staff prepares each suggestion for the IML Legislative Committee. The Legislative Committee receives the information prepared by League staff weeks in advance of an early November meeting. This year, on November 10,1994, the Legislative Committee met for a full day in Peoria to discuss and thoroughly examine each proposal. At the conclusion of that meeting proposals were modified according to the Committee's instructions and prioritized to reflect lobbying activities which should be devoted to each item.

The Legislative Committee recommendations are then prepared for consideration by the IML Board of Directors. The IML Board received the legislative proposals and supporting documentation several weeks prior to their December 10,1994 meeting. At the December 10 meeting the Board reviewed each proposal and made the final determination if the proposal would be part of the 1995 agenda and what priority status it should receive. This process has been completed and this report outlines the 1995 IML Legislative Agenda.

The information contained in this report is significantly condensed. Please review this report and contact the League if you have any questions. The Municipal League staff looks forward to working with the membership to accomplish these goals in 1995. If you have any questions please contact Roger Huebner, Director of Legislative Programs, Kevin Semlow, Legislative Associate, or Brian Schwartz, Legislative Associate at 217/525-1220.

The Board of Directors, and the Legislative Committee met and reviewed legislative proposals. Pursuant to those meetings and discussions, the 1995 IML Legislative Agenda has been established. The legislative agenda establishes the priorities for the Illinois Municipal League. It contains the proactive issues municipalities want the General Assembly to consider. The prioritization of issues is categorized by the following format:

Maximum Effort:

The items and issues contained in this category reflect the most important municipal agenda items for legislative changes in 1995. They reflect concerns and solutions that appeal to the entire statewide membership. The IML Board of Directors, the IML Legislative Committee and the entire League membership should focus intense lobbying activities with local legislators on these items. Maximum Municipal League staff time, effort and League publications will be devoted to passage of these items. For 1995 two issues received the maximum effort designation: (1) non-home rule legislative package, and (2) unfunded state mandates.

High Priority:

The items and issues contained in this category reflect important municipal concerns that need legislative solutions. Once again the entire membership should focus on contact with local legislators in attempting to pass the appropriate legislation. The Board of Directors and Legislative Committee will concentrate activities on high priority items. Municipal League staff will devote significant time and effort and devote space in League publications to these issues in attempting to win approval by the General Assembly. For 1995 two issues received a high priority designation: (1) direct deposit of local government distributive fund, and (2) statutory authority for part-time police.

Medium Priority:

The items and issues receiving a medium priority designation will be the primary responsibility of Municipal League staff. Staff will focus attention on securing passage and encouraging the membership to participate in the legislative process. For 1995, nine issues received the designation of medium priority: (1) repeal mandatory J.U.L.I.E. membership, (2) condemnation of road right-of-way, (3) school crossing guard unemployment compensation, (4) unsafe hazardous buildings, (5) drivers license revocation wheel tax/equipment violations, (6) village leased property tax exemption status, (7) expiration of annexation agreements, (8) property tax abatement through annexation agreements, and (9) repeal firefighter liability act.

Low Priority:

The items and issues in this category reflect concerns that should be addressed and will be accomplished if the opportunity is available. Municipal League staff will have these bills drafted and intro-

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duced and attempt to move them through the process. In 1995, five items received a low priority designation: (1) model code adoption notification, (2) municipal officers/conflict of interest, (3) farmland preservation exemption, (4) Article 3.1 - officers section technical changes, and (5) Article 3.1 •substantive changes.

IML Support Of Legislation:

Two issues considered by the IML Legislative Committee were proposed seeking the support of the Illinois Municipal League. Those items recommended for support include: (1) removal of in-person absentee voting mandate, and (2) Illinois Fire & Police Commissioners statutory changes.

1. Non-Home Rule Package

The Illinois Municipal League Non-Home Rule Committee has recommended the following legislative proposal comprised of eight items. The Committee deliberated many hours to compose a package that reflects an agenda that all non-home rule communities can support. The major theme of the proposals, as a package, is to reflect that non-home rule communities have self governance problems that the General Assembly needs to address. This proposal is designed to help not only the governance of communities, but also the quality and safety of the lives of their citizens.

Summary of Non-Home Rule Package

• TRANSFER OF PROPERTY/CODE ENFORCEMENT FOR HEALTH, SAFETY MAINTENANCE CODES
• PROVIDING FOR POLICE & FIRE DEPUTY CHIEF APPOINTMENT
• SALES TAX REBATE AGREEMENTS
•ADMINISTRATIVE TRAFFIC PROCEDURE FOR SPEEDING VIOLATIONS UP TO 10 M.P.H.
• EXPAND USE OF HOTEL/MOTEL TAX FOR CAPITAL IMPROVEMENTS
• EXPAND PENALTIES FOR LIQUOR LICENSE VIOLATIONS TO INCLUDE SUSPENSION AND FINES, ALSO ATTORNEY'S FEES
• INCREASE ORDINANCE VIOLATION PENALTIES FROM $500 TO $1,000
• AMEND FILING REQUIREMENTS FOR TREASURER'S ANNUAL REPORT TO REDUCE COST OF PUBLICATION

2. Unfunded State Mandates A. Constitutional Amendment

Amend the Illinois Constitution of 1970 by adding language to limit the General Assembly's passage of unfunded mandates to a 4/5ths vote. Provide that the General Assembly can place mandates on units of local government by a simple majority vote only if new funding is provided to pay for the mandate.

B. Statutory Modification

Amends the State Mandates Act to require the Department of Commerce and Community Affairs (DCCA) to hear reimbursement claims of local governments, even if the General Assembly has not appropriated funds for reimbursement. The proposal also provides local governments direct access to the State Mandates Board of Review if DCCA continues its refusal to hear the local government's claim.

High Priority:

1. Direct Deposit of LGDF

Amend the State Revenue Sharing Act (30 ILCS 115/1) and the Illinois Income Tax Act (35 ILCS • 5/901) to provide for the direct deposit of the local government share of the State income tax collections into the Local Government Distributive Fund. (LGDF)

2. Statutory Authority For Part-Time Police

Amend the statutes to recognize and authorize the use of part-time police. Currently, the state statutes make no reference to part-time police. In addition, this proposal would provide for mandatory training of part-time police officers over an 18 month period. That training would be similar to full-time officers and certification would be required.

Medium Priority:

1. Repeal Mandatory J.U.L.I.E. Membership

Amend the Underground Utilities Facilities Damage Prevention Act (220 ILCS 50/1 et seq.) to make participation in J.U.L.I.E. permissive and to require that municipal permits be obtained where applicable.

2. Condemnation Of Road Right-Of-Way

Amend the statutes allowing a municipality to condemn right-of-way property outside the corporate limits of a municipality for road purposes.

3. School Crossing Guard Unemployment Compensation

Amend the Unemployment Insurance Act stating that a school crossing guard employed by a municipality is ineligible for unemployment benefits during a customary vacation or holiday recess.

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4. Unsafe Hazardous Buildings

Amend the Municipal Code to allow all municipalities to use the unsafe hazardous buildings provisions of the Municipal Code (65 ILCS 5/11-31-l(e)). Currently 25,000 is the statutory limit of municipal size to take advantage of the expedited procedures.

5. Drivers License Revocation Wheel Tax/ Equipment Violations

Amends the Illinois Vehicle Code with respect to administrative adjudication. Currently, a municipality can have the Secretary of State revoke a driver's license for ten or more unsatisfied municipal parking violations. This proposal would allow unsatisfied municipal wheel tax or equipment violations to also count against a driver in determining whether his or her license can be revoked.

6. Village Leased Property Tax Exemption Status

Amends the Revenue Code to provide that all public buildings owned by villages are exempt from property taxes if the buildings are leased for public purposes by the village for public purposes. This puts villages in the same position as counties, townships, cities, and incorporated towns.

7. Expiration Of Annexation Agreements

Amend the annexation agreement Section of the Municipal Code (65 ILCS 5/11-15.1-1) to clarify that unless otherwise stated in the agreement, zoning categories established in annexation agreements would survive the expiration of the annexation agreements. Also specify that lawsuits seeking to redress breaches of annexation agreements can be filed within 10 years of the date of the breach or 5 years of the date of the expiration of the annexation agreement, whichever is longer.

8. Property Tax Abatement Through Annexation Agreements

Amends the annexation agreement section of the Municipal Code to provide for property tax abatement agreements pertaining to the municipal property tax.

9. Repeal Firefighter Liability Act

Repeal the Fire Fighter Liability Act because it directly conflicts with the Local Government and Governmental Employees Tort Immunity Act.

Low Priority:

1. Model Code Adoption Notification

Amend the Municipal Code (65 ILCS 5/1-3-2) to reduce the required number of sets of the model code that must be maintained from three sets to one set. In addition, allow adoption of code by reference to be available 30 days prior to adoption (current law) or adopt the changes with an effective date of 30 days later.

2. Municipal Officers Conflict Of Interest

Amends the Municipal Code to provide that if a municipal officer has an interest of 1% or less in a company trading in a national securities market, then that officer shall not be deemed to have a prohibited interest, and may vote on matters where that company is adversely or otherwise affected.

3. Farmland Preservation Exemption

Amend the Farmland Preservation Act to remove its application to land within a municipality. (505 ILCS 75/1 et. seq.).

4. Article 3.1 - Officers Section Technical Changes

Amend The Officers Section of the Municipal Code to:
Provide that a person is not eligible for the office of alderman of a ward or a trustee of a district unless that person has resided in the ward or district at least one year preceding the election or appointment;
Clarify what "official census" means;
Stagger the terms of alderman after a decrease in wards;
Require the treasurer to give a receipt only when requested (now required at all times);
Require only appointed officers who handle funds to secure a bond;
Restore the office of clerk to an elected position by resolution (now allowed by referendum). If municipality's population increases over 5,000 an appointed clerk remains appointed; and
Allow the collector, on a daily basis, to deposit funds into the municipality's bank account or pay to the treasurer (now only allowed to pay over to the treasurer).
Restore the confirmation of filling the vacancy of a 2 year term of an elected official, other than a mayor or president, to the advice and consent of the remaining city council or trustees. Currently, a 2 year term is filled by the mayor or president with the advise and consent of the corporate authorities. This restores the provisions as they were before the Article 3.1 recodification. (New proposal)

5. Article 3.1 - Substantive Changes

3.1-35-25      Repeal entire Section allowing the mayor or president to call out the militia under the Governor's authority.

3.1-35-5      Delete "and annually shall" from the second

January 1995 / Illinois Municipal Review / Page 7

sentence of the Section requiring the mayor or president to give the corporate authorities an annual informational address concerning the municipalities' affairs.

3.1-35-80      Repeal section concerning misfeasance, malfeasance, and nonfeasance because provisions are already covered by Criminal Code.

3.1-50-5      Amend to specify that elected officials may receive increases in non-salary benefits if the increase is not greater than those non-salary benefits given to other municipal employees.

3.1-55-5      Repeal section granting certificates of appointment. The Illinois Elections Code covers elected officials, but not appointed. Add language to allow the municipal clerk to issue certificate of appointment.

3.1-10-50      Amend to permit resignations to state an effective date in the future. Resigning municipal officers can not vote on the appointment of their successor.

1. Removal Of In-Person Absentee Voting Mandate

Support legislation to remove the mandate that municipal clerks provide in-person absentee voting.

2. Illinois Fire & Police Commissioners Statutory Changes

Support legislation to remove the age 35 hiring limitation found in the Board of Fire and Police Commissioners Section of the Municipal Code (65 ILCS 5/10-2.1-6).

Support legislation to add a new paragraph to the Board of Fire and Police Commissioners Section that would make final decisions of a Fire and Police Commissioners subject only to the Administrative Review Law. •

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