By Peter M. Murphy
Director, Governmental Services

The legislature has adjourned from its 1981 spring legislative session and will return to Springfield in the fall for its veto session. To date the session has been charged with controversy and has been characterized as one of the most unpredictable in the memory of many legislators and observers of the legislative scene. Reapportionment and the cutback in the membership of the House have been major factors contributing to this unpredictability and have set the tenor for a legislative session marked by strained legislative working relationships and a desire by House members to establish the best possible voting record. Legislators have been accessible and responsive to their constituencies.

Many predicting that the 1981 sesson would produce even a greater number of bills than introduced during the 1979 legislative session have failed to see these expectations met. During the 1979 legislative session 2,787 bills were introduced in the House and 1,436 were introduced into the Senate as compared to 1,907 in the House and 1,229 in the Senate during 1981.

The legislature has wrestled with many major issues this year not the least of which has been funding for transportation in Illinois. But this has not precluded them from handling a plethora of other issues as well. At this writing, legislation affecting parks and recreation in Illinois has been very favorably received by legislators who are responding in a positive way to responsible pieces of legislation. Watch for the July "Communicator" which will indicate those pieces of legislation affecting park and recreation which have reached the Governor's desk.

Open Meetings Act Amended

Of the six bills introduced this year to amend the Open Meetings Act only one, House Bill 411, introduced by Representative Jim Reilly on behalf of Attorney General Tyrone Fahner, remained viable by the end of the session. House Bill 411 at this writing passed the House 133-8-1 after having 18 amendments offered to change its initial wording, five of these amendments comprised the bill being sent to the Senate where it presently stands on 2nd reading. The following are some of the changes in the Open Meetings Act proposed by H.B. 411:

1. Defines a meeting as "any gathering of a majority of a quorum of the members of a 'public body held for the purpose of discussing public business.

2. Meetings held to discuss litigation when an action against or on behalf of a public body is pending in a court or administrative tribunal, or when the public body finds that such action is probable or imminent may be closed to the public.

3. The bill further provides that all public bodies keep written minutes of their meetings, whether open or closed and that the minutes of meetings open to the public be available for public inspection within 7 days of their approval by the public body.

4. Any person may bring a civil action in the circuit court for the judicial circuit in which the noncompliance has or is about to occur, prior to or within 45 days after the meeting alleged to be in violation of the Act. The court may, among other remedies available, declare null and void any official action taken at a closed session in violation of the Act and may assess reasonable attorneys fees.

Legislation Affecting Local Governments

H.B. 129 - HALLSTROM, KOCIOLKO and WATSON - Amends the Governmental Ethics Act by providing that certain State, local government and school district employees file "statements of economic interest" if they earn $30,000 or more per year instead of $20,000. (Placed Calendar, Third Reading - Senate)

H.B, 142 - BRESLIN-BEATTY - An Act to Revise the law of negligence. Removes contributory negligence as a bar to recovery in civil actions and provides for consideration of comparative negligence in the awarding of damages, Effective immediately. (Second Reading - Senate)

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H.B. 281 - DEUSTER - Repeals the Prevailing Wage Law which regulates wages of laborers, mechanics and other workmen employed in any public works by the State, county, city or any public body or any political subdivision or by anyone under contract for public works. (Placed on Spring Calendar - House)

H.B. 866 - FAWELL-HUSKEY - Amends the Park District Code to repeal the provisions allowing a municipality included in 2 park districts to disconnect from one of them. Effective immediately. (Placed on Spring Calendar - House)

H.B. 1048 - EWING, HUDSON, SCHUNEMAN and CURRIE - Truth in Taxation Act. Provides publication and explanation requirements if taxing district's levy is to exceed amount extended for preceding year. (Second Reading - Senate)

H.B. 1050 - EWING, KLEMM, DEUCHLER, HALLOCK, HUDSON, KELLY, DICK, KOCIOLKO, RICNEY, SCHUNEMAN, SWANSTROM and BOWER - Provides that no special district authorized to levy ad valorem property taxes may be created except by referendum at which 2/3 of those voting approve such creation. (Tabled pursuant House Rule 25.D)

H.B. 1146 - KEANE - Amends an Act in relation to the audit of certain governmental units. Provides that certain governmental units appropriating $200,000 or more in any fiscal year shall file financial reports with the State Comptroller and make audit and financial reports public record. Authorizes such units appropriating less than $200,000 to make the audit report or the financial report public record. (Second Reading -Senate)

H.B. 1147 - EWING - WOODYARD and MILLER - Enacts the Property Tax Extension Act of 1981 defining Taxing District as meaning any unit of local government, school district or community college district, including some home rule units, authorized to levy ad valorem property taxes. Provides that no county clerk shall extend, for the total of all ad valorem property taxes levied by a taxing district for 1981, an amount greater than 106% of the amount of taxes extended on real estate assessments in the preceding year. (Third Reading - Failed 092-056-007)

H.B. 1402 - KANE - Creates the Special Districts Dissolution Act. Requires special districts to make annual reports to the Department of Commerce and Community Affairs; provides for dissolution procedures for active and inactive special districts; establishes procedures for the payment of debts owed by dissolved special interests. (Interim Study Calendar -County & Townships)

H.B. 1506 - EWING and KLEMM - Amends the "Illinois Income Tax Act" to reduce the personal property tax replacement income tax rebates from

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2.5% to 2%. Effective immediately. (Interim Study Calendar - Rule 35H Revenue - House)

H.B. 1527 - MILLER, WOODYARD, BRADLEY and SCHRAEDER - Amends paragraph on Determination of tax rates. Provides that for levies made in 1981 no county clerk may extend for any tax levied by a unit of local government or school district for any purpose or for any fund an amount greater than the amount legally extended for such unit, purpose or fund in the immediately preceding calendar year plus the product obtained by multiplying such amount by the total percentage of average increase for the past 5 years in the Illinois Personal Income from all sources. (Placed on Spring Calendar - House)

H.B. 1576 - KANE - Authorizes counties to provide urban services throughout county or within parts of county. Defines urban services as water supply and distribution, disposal of sanitary and storm water sewage, police and fire protection, forestry, libraries, public health, street and sidewalk construction and maintenance, street lighting, public transportation, parks and recreation, refuse collection, mosquito abatement, planning and zoining, and public utility systems. Implements State Constitution with respect to differential taxation to finance special services to sub-areas within county. (Interim Study Calendar -Counties & Townships - House)

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