ROBERT STUART

Legal & Legislative Notes

by Robert A. Stuart General Counsel

GENERAL ASSEMBLY OVERRIDES GOVERNOR'S VETO OF SENATE BILL 328

The General Assembly at its special session on December 5 voted to override the Governor's veto of Senate Bill 328. This action by the General Assembly results in the authorization of all Park Districts to issue revenue bonds for the purpose of acquiring, constructing, operating, extending or improving indoor or outdoor recreation facilities of any type. The general procedure to be followed as set forth in the newly adopted Sections 9.3-1 to 9.3-6, inclusive, follows the general procedure provided for the issuance of revenue bonds for the construction of swimming pools, golf courses, ice skating rinks, tennis courts, etc., as previously authorized by the provisions of The Park District Code. Section 9.3-1 provides as follows:

"Any park district has the power subject to the limitations of Sections 9.3-1 through 9.3-6 to acquire, construct and operate such revenue producing recreation facilities and to extend or improve such facilities, borrow money and as evidence thereof to issue its bonds, payable solely from the revenue derived from the operation of such recreation facility or facilities. These bonds may be issued in such amounts as may be necessary to provide sufficient funds to pay all costs of acquisition or construction, or extension or improvement of indoor or outdoor recreation facilities, including engineering, legal and other expenses, together with interest on the bonds to a date six months subsequent to the estimated date of completion. The bonds are negotiable instruments and shall be executed by the President and Secretary of the district and countersigned by the Treasurer."

At the same session the General Assembly defeated a motion to override the Governor's veto of S.B. 329. S.B. 329 contained certain amendatory language to Section 2-25 of The Park District Code which language did nothing more than purport to clarify the provision pertaining to the election of a member of the Board who had been appointed to fill a vacancy. The present law as set forth in Section 2-25 and which is in effect at the present time reads as follows:

"Whenever any member of the governing board of any park district (1) dies, (2) resigns, (3) becomes insane, (4) ceases to be a legal voter in the district, (5) is convicted of any infamous crime, (6) refuses or neglects to take his oath of office, or (7) neglects to perform the duties of his office or attend meetings of the board for the length of time as the board fixes by ordinance, that office may be declared vacant. Vacancies may be filled by appointment by a majority of the remaining members of the board. Any person so appointed shall hold his office until the next election at which a member of the governing board of any park district is elected. At such election a person shall be elected to fill the vacancy, if there is sufficient time to meet the requirements for nomination. Otherwise, the person appointed to fill the vacancy shall hold his office until the expiration of the term for which he has been appointed."

ALL PARK DISTRICTS SHOULD URGE THEIR CONGRESSMEN AND SENATOR PERCY AND SENATOR STEVENSON TO SUPPORT THE AMENDMENT TO THE LAND AND WATER CONSERVATION FUND ACT AS SET FORTH IN S 3829 PENDING IN THE SENATE OF THE UNITED STATES AND HR 17346, 17347 AND 17348 PENDING IN THE HOUSE OF REPRESENTATIVES

All members of the Illinois Association of Park Districts have been urged to have the members of their Boards individually contact their Congressmen and Senators urging the passage of the above numbered Amendments to the Land and Water Conservation Fund Act. These Bills have been pending in the 93rd Congress. On December 10 the House Interior Committee reported the Bills in the House favorably. These Bills had brought support from both parties. The major provisions of HR 17346, 17347, and 17348 are:

(1) An increase in the amount authorized for the Fund in the sum of $450,000,000 in 1976, $625,000,000 for 1977 and $800,000,000 in 1978;

(2) Increase in the percentage of funding which any one State can receive to 10%.

(3) Requirement that no State plan may be approved unless the elected local officials are consulted during its preparation. (This means that certain plan commissions may require a reorganization to show representation from each elective municipal body or the policy making committee.);

(4) An allowance of 25% of State money for sheltered facilities;

(5) A requirement that each State evaluate its program annually;

(6) A prohibition against the use of discriminatory fees for any property in which land and water conservation funds are used; and

(7) A change in the formula for distribution. (New formula emphasizes needs basis.)

The Senate Interior Committee has approved S 3839 by a vote of 13-2. The major provisions of the Senate Bill include:

(1) An increase in the authorized fund level to one billion dollars.

(2) A change to provide up to 70% of costs for acquisition projects rather than the current 50%;

(3) A proposal to allow the distribution of funds for enclosed facilities; and

(4) An allowance for any one State to receive up to 10%.

All members of the Illinois Association of Park Districts and individual members of Park Boards are urged to immediately contact their Congressmen and Senators urging support.

Illinois Parks and Recreation 8 January/February, 1975

ELECTION PROCEDURES APPLICABLE TO 1975 PARK DISTRICT ELECTIONS

Because of certain erroneous information which appeared in an advertisement contained in a recent edition of "Illinois Parks and Recreation," the following general election schedule is set forth for the information of park districts and pertaining to the elections to be held in April, 1975.

General Park Districts

January 13 First day for filing petitions

(Filed with the Secretary of the District) (Ch. 105 Ill. Rev. Stats., Sec. 2-11)

January 27 Last day for filing petitions (Ch. 105, Sec. 2-11)

February 1 Last day for filing withdrawals from nomination (Ch. 46, Sec. 10-7)
Last day for Secretary to certify nomination (Ch. 46, Sec. 10-5)
Last day for filing objections to certificates of nomination, or nomination papers (Ch. 46, Sec. 10-8)

March 1 First day absentee voter may file application for ballot (Ch. 46, Sec. 19-2)

March 22 Last day for posting and publishing notices of election (Ch. 139, Sec. 51)

March 27 Last day to apply by mail for absentee voter's ballot (Ch. 46, Sec. 19-4)

March 29 Last day to apply in person for absentee voter's Ballot (Ch. 46, Sec. 19-4)

March 31 Last day for publication in newspaper of list of nominees (Ch. 466, Sec. 16-10)

April 1 Election day (unless date changed to third Tuesday in April pursuant to the provisions of Section 2-12 of The Park District Code)*

* Period for filing petitions remains the same regardless of whether election is held on the first or third Tuesday in April.

Pleasure Driveway and Park Districts

Because of the provisions contained in Chapter 105, Ill. Rev. Stats. Section 2-17, the dates for the filing of nominating petitions vary from the provisions as they apply to General Park Districts as follows;

December 23, 1974—First day for filing petitions (Ch. 105, Sec. 2-17)

January 27—Last day for filing petitions (Ch. 105, Sec; 2-17)

All other dates applicable to Pleasure Driveway and Park Districts are the same as those set forth for General Park Districts.

The following information should be carefully noted in connection with the conduct of 1975 elections:

The Illinois Government Ethics Act, Section 4 (a) provides:

"A candidate for elective office shall file his statement (Statement of Economic Interest) at the time he takes the action necessary under the law of this state to attempt to qualify for nomination, election, or retention to such office, if he has not filed a statement in relation to the same unit of government within a year preceding such action."

Since an incumbent park commissioner was required under the provisions of the Ethics Act to file annually a Statement of Economic Interest prior to April 30 of each year, it is presumed that any incumbent filing a nominating petition will have previously filed such a statement and would not be required to file an additional statement at the time of filing his nominating petition. If any incumbent had failed, however, to file such a statement at the time of filing his nominating petition.

Public Act 78—1183 adopted at the 1974 regular session of the General Assembly provides as follows:

7. The State Board of Elections or the appropriate clerk with whom such a petition for nomination is filed shall notify the person for whom a petition for nomination has been filed of the obligation to file statements of organization, reports of campaign contributions, and annual reports of campaign contributions and expenditures under Article 9 of this Act. Such notice shall be given on a form prescribed by the State Board of Elections, sent by certified mail (delivered to addressee only, return receipt requested) within 2 business days of the day and hour endorsed on the petition, and accompanied by a form for filing the statement of organization and a manual of instructions supplied by the Board. The Board or the appropriate clerk shall preserve the receipts returned under this paragraph for a period of 2 years from the date of receipt.

8. Nomination papers filed under this Section are not valid if the candidate named therein fails to file a statement of ecnomic interests as required by the Illinois Governmental Ethics Act in relation to his candidacy with the appropriate officer by the end of the period for the filing of nomination papers unless he has filed a statement of economic interests in relation to the same governmental unit with that officer within a year preceding the date on which such nomination papers were filed. If the nomination papers of any candidate and the statement of economic interests of that candidate are not required to be filed with the same officer the candidate must file with the officer with whom the nomination papers are filed a receipt from the officer with whom the statement of economic interests is filed showing the date on which such statement was filed. Such receipt shall be so filed not later than the last day on which on omination papers may be filed."

Because of the numerous changes in the election law and the requirements in connection with the filing of "Statements of Economic Interest" and "Campaign Organization Disclosure" documents, election procedures followed by each park district should be carefully checked with both the local attorney for the park district, as well as the County Clerk of the County involved. Forms and materials relative to the requirements under these provisions must be secured through the office of the County Clerk.

Illinois Parks and Recreation 9 January/February, 1975