Legal/Legislative Scene
by Peter M. Murphy
IAPD General Counsel
On August 14,1996, Governor Edgar approved House Bill 2695 (P.A. 89-655), which requires all local government to hold at least one public hearing prior to the issuance of bonds. This new requirement affects all park district non-referendum bonds issued and must be complied with if the bond issuance is to be considered legal. Specifically, local governments are required to publish a notice of hearing on the bond issuance at least once in a newspaper of general circulation within the governmental unit not less than 7 or more than 21 days before the date of the hearing. The notice shall not be placed in the legal notice or classified advertisement sections of the newspaper. The notice shall be in substantially the following form:
The [government entity] will hold a
public hearing on [date] at [time].
The purpose of the hearing will be
held at [location]. The purpose of the
hearing will be to receive public comments on the proposal to sell bonds
in the amount of [$ amount] for the
purpose of [state purpose].
Any notice that excludes the above information shall be deemed invalid. At the hearing, the governing body shall explain the reasons for the proposed bond issue and permit persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits. In addition, a governmental unit may not adopt the ordinance selling the bonds until 7 days after the adjournment of the public hearing held under this act.
Downstate park districts that are not yet subject to the property tax cap should heed the specific requirements of this legislation. Copies of Public Act 89-655 are available upon request from the IAPD headquarters. This bill has an effective date of Jan. 1, 1997.
MINIMUM WAGE INCREASE
All park districts should be aware that, under recent legislation passed by Congress, the federal minimum wage will increase from $4.25 an hour to $4.75 an hour effective October 1, 1996, and increase thereafter to $5.15 an hour on September 1,1997. "Training wage" holds the hourly rate at $4.25 for employees younger than twenty during the first ninety days on the job. This is the first increase in five years for the minimum wage, which is near an inflation adjusted forty-year low.
Senate
House
1996 Legal Symposium November 14 McDonald's Corporate Center 12 • Illinois Parks & Recreation • September/October 1996 |
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