ROBERT STUART

Legal & Legislative Notes

by Robert A. Stuart General Counsel

GENERAL ASSEMBLY OFF TO A SLOW START

The 79th General Assembly convened on January 8. With almost two months of the traditional six-months session gone there have been few committee hearings in the Senate with none in the House and very little work on the floor. The Senate in its organization sessions elected Senator Cecil A. Partee (D-Chicago) as President of the Senate and Senator William Harris (R-Pontiac) as minority leader. Assistant majority leaders in the Senate are Senators James Donnewald of Breese, Philip Rock of Chicago and Terry Bruce of Olney. Assistant minority leaders are Senator Howard Mohr of Forrest Park and John Graham of Barrington. Senator Kenneth Hall (D-East St. Louis) was appointed as Chairman of the Committee on Committees, and Senator Daniel Dougherty (D-Chicago) was appointed as Vice Chairman. Senator Partee has announced that he will recommend the second Friday in April as the final day for introduction of bills except for revenue and appropriation bills. The following Senate Committees were appointed:

AGRICULTURE, CONSERVATION AND ENERGY: Knuppel, Chr., Joyce, V. Ch., Buzbee, Course, Demuzio, Johns, Lane, Wooten—Bell, (Minority Spokesman), Latherow, Mitchler, Merritt. Glass.

APPROPRIATIONS: Hynes, Ch., Egan, V. Ch., Bussbee, Dougherty, Hall, Johns, Partee, Eock, Savickas, Swinarshi, Vadalabene, Welsh—Weaver (MS), Davidson, Keener, Shapiro, Sommer, Harris, Berning, Philip.

EDUCATION: Saperstein, Ch., Palmer, V. Ch., Buzbee, Egan, Hall, Hiekey, Hynes, Newhouse—Shapiro (MS), Davidson, Fawell, Glass, Schaffer.

ELECTIONS AND REAPPORTIONMENT: Kosinski, Ch., Wooten, V. Ch., Dougherty, Hiekey, Hynes, Eomano, Savickas, Welsh—Davidson (MS), Clarke, Sommer, Nimrod, Regner.

EXECUTIVE: Johns, Ch., Swinarski, V. Ch., Bruce, Chew, Course, Donnewald, Knuppel, McCarthy, Partee, Eock, Savickas, Smith— Harris (MS), Graham, Merritt, Mohr, Moore, Philip, Nimrod, Clarke.

EXECUTIVE APPOINTMENTS AND ADMINISTRATION: Vadalabene, Ch., Hiekey, V. Ch., Bruce, Carrol], Donnewald, Dougherty, Egan, Partee, Kock, Komano, Smith, Welsh—Harris (MS), Berning, Graham, Mohr, Moore, Philip, Schaffer, Ozinga.

FINANCE AND CREDIT REGULATIONS: McCarthy, Ch., Demuzio, V. Ch., Carroll, Johns, Nudelman, Netsch, Sapperstein, Wooten—Merritt (MS), Harris, Mohr, Ozinga, Weaver.

INSURANCE AND LICENSED ACTIVITIES: Somano, Ch., Lane, V. Ch., Hynes, Kosinski, Morris, Nudelman, Palmer, Swinarski—Philip (MS), Bell, Bloom, Eoe, Soper.

JUDICIARY: Daley, Ch., Nudelman, V. Ch., Carroll, Knuppel, McCarthy, Netsch, Newhouse, Palmer—Moore (MS), Fawell, Ozinga, Roe, Soper.

LABOR AND COMMERCE: Savickas, Ch., Hall, V. Ch., Chew, Daley, Kosinski, McCarthy, Morris, Palmer—Graham (MS), Harber Hall, Mitchler, Nimrod, Regner.

LOCAL GOVERNMENT: Dougherty, Ch., Welsh, V. Ch., Daley, Demuzio, Joyce, Lane, Morris, Nudelman- Soper (MS), Berning, Bloom, Latherow, Weaver.

PENSIONS, PERSONNEL AND VETERANS AFFAIRS: Newhouse, Ch., Buzbee, V. Ch., Joyce, Netsch, Romano, Saperstein, Smith, Vadalabene Bernins (MS), Hall, Mitchler, Shapiro, Sommer.

PUBLIC HEALTH, WELFARE AND CORRECTIONS: Smith, Ch., Netsch, V. Ch., Demuzio, Kosinski, Lane, Newhouse, Saperstein, Wooten—Schaffer (MS), Fawell, Moore, Ozinga, Roe.

REVENUE: Course, Ch., Carroll, V. Ch., Bruce, Chew, Daley, Donnewald, Hiekey. Knuppel—Nimrod (MS), Bell, Clarke, Graham, Hall.

TRANSPORTATION: Chew, Ch., Morris, V. Ch., Course, Egan, Hall, Joyce, Swinarski, Vadalabene—Mohr (MS), Bell, Bloom, Glass, Latherow.

ASSIGNMENT OF BILLS: Donnewald, Ch., McCarthy, V. Ch.,— Graham (MS).

Senator Daniel Dougherty (D-Chicago) has been appointed as the Chairman of the Senate Committee on Local Government. Senator Raymond Welsh (D-Oak Park) has been appointed Vice Chairman of that Committee.

It was not until Tuesday, January 21 that the House on the 93rd ballot and with 89 votes finally elected Representative William A. Redmond (D-Bensonville) Speaker of the House. Representative James Washburn (R-Morris) was elected Minority Leader. Speaker Redmond appointed Gerald W. Shea (D-Chicago) Majority Leader; Representatives Davis, Giorgi and Madigan were appointed as Assistant Majority Leaders and Brummett and Bradley as Whips. Minority Leader, James Washburn appointed Representatives Telcser and William Walsh as Assistant Minority Leaders to serve with Celeste Stiehl and Timothy Simms and Duff as Whips.

The following House Committees have been appointed:

AGRICULTURE: Schisler, Ch., Brinkmeier, V. Ch., Craig, Dunn, Fennessey, Hanahan, Huff, Jaffe, Keller, Mudd, Mulcahey, O'Daniel, Richmond, Schraeder; Republicans—Rigney (Minority Spokesman), Anderson, Coffey, Ewing. Friedrich, McMaster, Neff, Schuneman, Waddell, Winchester.

APPROPRIATIONS I: Lechowicz, Ch., Houlihan, J., V. Ch., Darrow, Fennessey, Hanahan, Hart, Kane, Kozubowski, Leverenz, Luft, O'Daniel, Richmond, Schneider, Younge;—Republicans—Peters and Ryan (MS), Anderson, Campbell, Catania, Cofley, Dunn, Grotberg, Lauer, Steele.

APPROPRIATIONS II: Boyle, Ch., Barnes, V. Ch., Birchler, Byers, Choate, Downs, Dunn, Keller, Kosinski, Lundy, Madison, Mulcahey, Tipsword, VanDuyne; Republicans—Cunningham (MS), Totten, Fleck, Friedrich, Jones, Kent, McAvoy, Skinner, Wall, Winchester.

CITIES & VILLAGES: Taylor, Ch., Calvo, V. Ch., Dunn, Kelly, Merlo, Mudd, Patrick, Richmond, Williams, Yourell;—Republicans— Ebbesen (MS), Grotberg, Klosak, Mahar, Miller, Reed, Sevcik, (Vacancy).

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COUNTIES & TOWNSHIPS: Yourell, Ch., Flinn, V. Ch., Giglio, Huff, Laurino, Lucco, McGrew, Nardulli, Sharp, Williams;--Republicans McMaster (MS), Arnell, Deuster, Ewing, Kempiners, Klosak, Reed, Rieney.

ELECTIONS: Fennessey. Ch., Laurino. V. Ch., Byers. DiPrima, Huff, Kozubowski, Leverenz, McPartlin, Sharp, VanDuyne;—Republicans— Kempiners (MS), Bluthardt, Collins, Friedland, Macdonald. MeAuliffe, McMaster, Peters.

ENVIRONMENT, ENERGY & NATURAL RESOURCES: Pierce, Ch., VonBoeckman, V. Ch., Beatty, Boyle, Calvo, Parley, Getty, Houlihan, J., Kosinski, VanDuyne;—Republicans Meyer (MS), Barnes, Borchers, Bluthardt, Fleck, Griesheimer, Leinenweber, Macdonald, Mahar, Reed.

EXECUTIVE: Matijevich, Ch., Capperelli, V. Ch., Berman, Flinn,. Garmisa, Hill, Kozubowski, Luft, Maragos, Taylor, Terzich, Tipsword, Younge, Yourell;—Republicans—Kent and Lauer (MS), Collins, Cunningham, Hoffman, R., Hudson, Kucharski, Miller, Peters, Stearney.

HUMAN RESOURCES: Chapman, Ch., McClain, V. Ch., Byers, Darrow, Downs, Ewell, Holewinski, Madison, Marovitz, Mugalian, Pouncy, Stubblefield, White, Miller;—Republicans—Grotberg (MS). Capuzi, Catania, Gaines, Geo-Karis, Hoffman, G., Kempiners, Polk.

JUDICIARY I: Washington, Ch., Kayson, V. Ch., Beatty, D'Arco, Getty, Greiman, Holewinski, Houlihan, D., Jaffe, Lemke, Marovitz, McClain, Mugalian, Sangmeister;—Republicans—Rose (MS), Bluthardt, Daniels, Griesheimer, Hirschfeld, Leinenweber, Meyer, Palmer, Porter, Schlickman.

JUDICIARY II: Katz, Ch., Kosinski, V. Ch., Boyle, Downs, Ewell, Getty, Holewinski, Houlihan, D., Mann, McLendon, Rayson, Sangmeister, Washington, Wilier;—Republicans—Palmer (MS), Catania, Cunningham, Daniels, Duff, Hirschfeld, Leinenweber, Meyer, Schlickman, Stearney.

LABOR & COMMERCE: Fary, Ch., Hill, V. Ch., Brandt, Brinkmeier, Caldwell, Parley, Jacobs, Mautino, Stubblefield, VonBoeckman;—Republicans-Geo-Karis (MS), Barnes, Deavers, Hudson, Molloy, Simms, Tuerk, Waddell.

MOTOR VEHICLES: Londrigan, Ch., Keller, V. Ch., Barnes, Calvo, Craig, Giglio, Jones, Leon, Schisler, Schraeder;—Republicans—(no MS designated), Campbell, Daniels, MeAuliffe, McCourt, Molloy, Schlickman, Seveik, Skinner.

PERSONNEL & PENSIONS: McLendon, Ch., Terzich, V. Ch., Capparelli, Mudd, Nardulli, Patrick, Satterthwaite, Taylor, White, Wilier; Republicans—Capuzi (MS), Borchers, Collins, Ebbesen, Gaines, Hudson, Kucharski, McCourt.

PUBLIC UTILITIES: McPartlin, Ch., Brandt. V. Ch., Parley, Garmisa, Hill, Huff, Jones, Kelly, Leon, Londrigan;—Republicans— Schoeberlein (MS), Arnell, Friedland, Geo-Karia, Molloy, Randolph, Ryan, Stearney.

REVENUE: Maragos, Ch., Schraeder, V. Ch., Beatty, Beaupre, Capparelli, D'Arco, Parley, Flinn, Kane, Mautino, Mugalian, Pouncey, Stubblefield, Terzich;—Republicans -LaFleur and Randolph (MS), Dunn, Dyer, Ewing, Jones, J. D., Rigney, Rose, Schuneman, Skinner.

The following bills of interest to park districts have been filed:

House Bills introduced:

H.B. 1 (Hanahan)—Creates a State Labor Relations Board to supervise labor elections pertaining to public employee labor organizations, and to hear complaints and investigate charges of unfair labor practices arising between public employers and employees.

H.B. 8 (Kosinski, et al)—Creates act requiring firearm training for peace officers of counties and municipalities employed after October 31, 1975.

H.B. 23 (Deuster)—Prohibits employment of relatives by public officials at all levels of State and local government. Prohibits appointment by the Governor of more than one member of a family to positions in the executive branch.

H.B. 121 (Porter, et al)—Requires the Secretary of State or the county clerk to notify officials 45 days before the due date of statements of economic interest that persons are required to file under the Illinois Governmental Ethics Act.

H.B. 126 (Deuster)—Exempts a local government from liability for failure to improve public property when local government is turned down for a federal grant or loan for the improvement.

*H.B. 152 (Juckett)—Amends park district code; authorizes park district, by referendum or board resolution, to increase size of board from 5 to 7.

*H.B. 154 (Juckett)—Amends park district code; reduces term of park commissioners from 6 to 4 years.

H.B. 155 (Juckett)—Amends act in relation to meetings; grants right to record by tape, film or other means, subject to reasonable rules which may be prescribed by the body holding the meeting.

H.B. 159 (Rayson, et al)—Appropriates $35,000 to Department of Conservation for a feasibility study on the use of McGinniss Slough near Oriand Park as a wildlife sanctuary and conservation area.

H.B. 174 (Geo-Karis)—Provides for reimbursement by the Department of Conservation or a county to a fire departmen called to furnish fire protection, rescue or ambulance services in parks, forest preserves, conservation areas or other open space.

H.B. 180 (Deuster)—Amends public meeting law to permit closed session at any properly constituted meeting.

H.B. 216 (Palmer, et al)—Amends act providing for distribution of township funds to organiations or boards operating activity and guidance centers for older inhabitants; authorizes direct expenditure by the township to provide services or facilities for older inhabitants and increase the maximum amount which may be expended or distributed from $10,000 to $25,000.

H.B. 230 (Williams)—Amends ethics act to specify that statements of economic interest be typed or printed and that full address of person filing is set out in statement.

H.B. 231 (Mugalian, et al)—Changes voting hours from 7 a.m. to 7 p.m. (presently 6 a.m. to 6 p.m.).

H.B. 238 (Seveik)—Amends Revenue Act to provide that changes in assessments in counties divided in assessment districts shall not become effective until all district assessments are completed for the 4-year period.

H.B. 240 (Rayson, et al)—Creates Illinois Public Employment Relations Act; provides for board to establish standards for collective bargaining; establishes provisions for resolving disputes. Prohibits strikes by policemen, firemen and other employees essential to health and safety; allows limited right to strike by other public employees. (23-page bill)

H.B. 244 (Rayson)—Requires part-time deputies or policemen to complete approved course in gun handling; prohibits them from carrying gun, badge or identification while off duty; and requires them to work at least 10 hours per month.

H.B. 250 (Rayson, et al)—Amends Fair Employment Practices Act. Defines unfair practices to include discrimination against handicapped and refusal to rehire acquitted persons discharged because of arrest.

H.B. 421 (Berman, et al)—Amends Public Utility Act to allow utilities to provide free service or service at reduced rates to the State, municipalities, water or fire districts or persons 65 or over.

H.B. 444 (Skinner, et al)—Changes amount of assessment of property from 50 per cent of fair cash value to 33-1/3 per cent of fair cash value. Other provisions.

H.B. 452 (Catania, et al)—The Freedom of Information Act. Requires all public bodies except courts to make their records available to the public for inspection and copying.

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H.B. 454 (J. D. Jones)—Amends Airport Authorities Act to require that members of any security force established for police protection be persons qualified for training in an approved course or program offered at a police training school created by the "Illinois Police Training Act."

H.B. 456 (Skinner, et al)—Amends Revenue Act on assessment of property to change amount of assessment from 50 per cent of fair cash value to 40 per cent.

Senate Bills introduced:

S.B. 19 (Berning)—Amends Act providing for a tax for historical museums in counties. Permits tax rate to be increased from .002% to .003% upon favorable referendum.

S.B. 59 (Johns)—Appropriates $500,000 to the Department of Conservation for grant to the Saline Valley Conservancy District for land.

S.B. 65 (Soper, et al)—Provides that changes in valuations in quadrennial assessments in counties divided in assessment districts shall not become effective until all district assessments are completed for the 4-year assessment period.

*S.B. 69 (Vadalabene)—Removes the ten-acre per park restriction from the Act authorizing townships to acquire lands for parks.

S.B. 78 (Bell)—Amends the Dram Shop Act to end the prohibition against public officials (except those in law enforcement) holding any liquor licenses.

S.B. 127 (Partee, et al)—Appropriates $312,000,000 to the Department of Transportation for highway, airport, bridge and bikeway improvements.

CITY OF NAPERVILLE CASE APPEALED TO ILLINOIS SUPREME COURT

The case of O. L. Krughoff vs. City of Naperville, No. 72-2628G (18th Circuit Court of DuPage County) has been appealed to the State Supreme Court. The opinion of the Circuit Court upheld the constitutionality of an Ordinance adopted by the City of Naperville which requires real estate developers to set aside (without compensation) a required acreage within the development for schools and parks, or a contribution to a fund for the acquisition of open space for said purposes within the city limits. The Circuit Court held that so long as the ordinance requires that the contractor or developer contribute no more than the reasonable burden imposed upon the School District or Park District it does not violate the constitutional provision of Article I, Section 15 of the Constitution of the State of Illinois adopted December 15, 1970. That provision provides that "Private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury as provided by law." The Court further held such requirement to be similar to the usual requirements imposed by the city requiring a developer to furnish streets, curbs, and gutters, sewer facilities and like improvements within the development or subdivision.

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