By Peter M. Murphy
Director, Governmental Services

Gubernatorial Action

The Governor has finalized action on the following pieces of legislation and each bill's Public Act number has been included for easy reference. If an effective date is not set forth in the bill synopsis then the uniform effective date of January 1, 1982 is applicable.

It was a successful year for park and recreation legislation in Illinois with the Governor signing all park legislation sent to him by the legislature. Watch for IAPD/IPRA legislative platform items marked as noted (*).

Congratulations! Your involvement and persistence in bringing these issues to the attention of your constituents and state legislators made the 1981 legislative session one of solid accomplishment and achievement for parks and recreation.

SENATE BILLS

S.B. 118 -MAROVITZ - Amends the Governmental Ethics Act to raise from $20,000 to $35,000 the amount of salary which must be received by persons employed by the State, school districts and units of local government before the filing of statements of economic interest is required.

LAST ACTION: August 19, 1981 - Governor vetoed.

S.B. 218 - SIMMS - Amends the Local Records Act. Requires that certified audits, management letters and other audit reports made by the Auditor General, County Auditors or by Certified Public Accountants, and presented to boards of units of local government, be public records and made available for public inspection during regular office hours.

LAST ACTION: August 19, 1981 - Governor signed - P.A. 82-239.

S.B. 414 - OZINGA - Repeals Section 3-12 of the Park District Code which allows territory within a municipality which is included in 2 park districts to disconnect from one and annex to the other. Effective immediately.

LAST ACTION; August 13, 1981 - Governor signed - P.A. 82-167.

S.B. 448 - OZINGA - Amends the Criminal Code of 1961 to provide that a public officer or employee commits official misconduct when he knowingly and intentionally executes a false document which authorizes the disbursement of public funds or the disposal of public property.

LAST ACTION: September 24, 1981 - Governor signed - P.A. 82-576.

S.B. 477 - DAVIDSON - Amends the Income Tax Act to provide an investment tax credit against the Personal Property Tax Replacement Income Tax. Credit is .5 % of the basis of qualified property in service beginning July 1, 1983; and 1 % beginning July 1, 1985, if the taxpayer's base employment has increased by 1 % over the preceding year.

LAST ACTION: August 21, 1981 - Governor approved - P.A. 82-315

*S.B. 565 - HALL - (House sponsor O'BRIEN) - Amends the Park District Code to provide that districts may levy an annual tax for the purpose of establishing a working cash fund for any four (4) years. At present a district may levy an annual tax for no more than 4 of the years 1976 through 1980. Effective immediately.

LAST ACTION; September 16, 1981 - Governor approved - P.A. 82-493.

S.B. 606 - SANGMEISTER - Amends the Revenue Act to provide that the county collector shall within 30 days after due date and at 30 day intervals thereafter, pay over to the proper authorities the amounts in his hands and payable to them as taxes, not paid over. Taxes collected and not distributed to the proper authorities shall be invested and the interest accrued or monies held by the county collector in excess of 30 days after the due date and the succeeding 30 day intervals thereafter, shall be distributed along with the principal amount of taxes.

LAST ACTION: September 16, 1981 - Amendatory Veta.

S.B. 805 - VADALABENE - Amends Section 2-3 of the Park District Code to require the filing of the organization petition to form a new park district in the offices of the clerk of the circuit court and county clerk of the county or the chief clerk of the county board of election commissioners. Requires that the organization petition shall contain a plat survey of the legal boundaries of the proposed district together with a request that the circuit judge set a date and time for a public hearing.

LAST ACTION: September 24, 1981 - Governor approved - P.A. 82-587.

S.B. 1088 - GROTBERG - Amends Forest Preserve District Act to provide that the president of the Board of Commissioners of districts in counties of less than 3 million may receive in lieu of a per diem fee a salary to be fixed by such board.

LAST ACTION: August 19, 1981 - Governor approved - P.A. 82-272.

HOUSE BILLS

H.B. 69 - MATIJEVICH - Amends the "Revenue Act of 1939" to provide for consideration of economic productivity rather than net earnings in assessing pollution control facilities in order to provide that such facilities will not be exempt from local real property taxation.

LAST ACTION; June 30, 1981. Recommitted to Senate Revenue Committee.

H.B. 129 - HALLSTBOM - 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 rather than $20,000 as previously required.

LAST ACTION; August 18, 1981 - Amendatory Veto - Lowers amount of earnings from $30,000 to $25,000.

Illinois Parks and Recreation 14 November/December 1981

H.B. 284 - STIEHL, CM - New Act. Creates the Intergovernmental Law Enforcement Officers In-Service Training Act to provide local delivery of training for law enforcement officers. Effective July 1, 1981.

LAST ACTION: September 24, 1981 - Governor vetoed.

H.B. 411 - REILLY-PIERCE - Amends the Open Meetings Act. 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. Specifies procedure for closing meetings and requires public notice of such meetings; requires minutes to be taken of all meetings and specifies their contents and conditions of release to the public; specifies that any person, including the States Attorney of the county, may bring a civil action based on noncompliance with the Act, prior to or within 45 days after the meeting alleged to be in violation of the Act. The court may grant such equitable relief deemed appropriate, including issuance of a writ of mandamus, granting an injunction against future violations, ordering the public body to make available minutes of a meeting, or declaring null and void any final action taken at a closed session in violation of the Act; provides that the court may assess reasonable attorney's fees and other costs reasonably incurred by any party who substantially prevails in any action, provided that costs may only be assessed against any private party bringing an action upon the court's determination that the action is malicious or frivilous in nature.

LAST ACTION: September 9, 1981 - Governor approved - P.A. 82-378.

H.B. 681 - MACDONALD - Creates the "Illinois Non-game Wildlife Protection Act" and establishes the Illinois Non-game Wildlife Conservation Fund. Provides for a voluntary check-off system for individuals paying the Illinois Income Tax to contribute part of refunds due to the fund.

LAST ACTION: September 15, 1981 - Amendatory Veto

H.B. 875 - FARLEY-MAUTINO-GIORGI - Amends An Act in relation to State revenue sharing with local governmental entities and the State Finance Act. Creates a Park, Recreation & Open Space Distributive Fund in an amount equal to 1/48 of revenue realized from Illinois Income Tax with monthly distribution to park, forest preserve and conservation districts based on population.

LAST ACTION: April 23, 1981, House Revenue Committee recommended Do Not Pass.

*H.B. 876 - FARLEY-MAUTINO-GIGLIO - Appends the Illinois Lottery Law. Provides for depositing unclaimed lottery prize money into the Park, Recreation & Open Space Distributive Fund established by the 82nd General Assembly for allocation to park, forest preserve and conservation districts.

LAST ACTION: May 4, 1981, Tabled in House pursuant House Rule 25. D.

H.B. 908 - YOURELL - Amends the Revenue Act by requiring that petitions to change tax rates to be signed by not fewer than 10% (now 5% or 1,000 voters, whichever is less) of the legal voters in the taxing district.

LAST ACTION: May 4, 1981, Assigned to Interim Study Calendar.

*H.B. 933 - MAUTINO-FARLEY - Removes referendum requirements from park districts existing prior to 1963 for purposes of levying the paving and lighting tax, which do not apply to park districts created after these dates.

LAST ACTION: House Action-Third Reading - Passed 113-29-8. June 26, 1981, Failed in Senate 27-25-7.

*H.B. 961 - MCBROOM and RYAN (Senate sponsor JEROME JOYCE) - Amends an Act concerning aquariums and museums in public parks to permit park district to levy an annual tax of up to .03% rather than .015% of the assessed valuation of the property within the district.

LAST ACTION: September 16, 1981 - Governor approved - P.A, 82-527.

Illinois Parks and Recreation 15 November/December 1981

H.B. 998 - BARTULIS - Amends the Environmental Protection Act to provide that Pollution Control Board regulations prescribing limitations on noise emissions do not apply to any amateur or professional sporting event. Effective immediately.

LAST ACTION: September 25, 1981 - Governor approved - P.A. 82-654.

*H.B. 1036 - WIKOFF (Senate sponsor WEAVER) - Amends Section 5-3a of the Park District Code to raise the ceiling on the additional recreation programs tax from .05 % to .25 % .

LAST ACTION; September 4, 1981 - Governor approved - P.A. 82-419.

H.B. 1048 - EWING - Creates the Truth in Taxation Act. Requires taxing districts to disclose by publication and to hold a public hearing on their intention to adopt an aggregate levy in amounts more than 105% of the amount of property taxes extended or estimated to be extended upon the levy of the preceding year. Provides that no taxing districts shall levy an amount more than 105% of the preceding years levy until it has complied with the notice and hearing provisions of the Act and attaches a certification of the presiding officer of the Corporate Authority certifying compliance with the Act. The notice required shall appear no more than 14 days nor less than 7 days prior to the public hearing, be no less than one-eighth page in size, contain no less than eleven point type, be surrounded by a border no less than 1/4 inch wide and shall not be placed in that portion of the paper where legal notices and classified advertisements appear.

LAST ACTION: July 28, 1981, Governor approved - P.A. 82-102.

H.B. 1146 - KEANE - Amends an Act in relation to the audit of certain governmental units. Provides that 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.

LAST ACTION: September 4, 1981, Governor approved - P.A. 82-421.

H.B. 1147 - EWING - Enacts the Property Tax Extension Act of 1981. Provides that no country 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. In the event the total amount levied for any taxing district exceeds the maximum extension provided in this Section, the county clerk shall reduce the extension for each purpose or fund by an amount proportionate to the amount by which the total levy exceeds the maximum permissible total extension.

LAST ACTION: 3/5 vote required. May 20, 1981, House Third Beading - Failed 092-056-007.

*H.B. 1175 - JOHN DUNN (Senate sponsor VADALABENE) -Amends the Park District Code and the Conservation District Act to increase the amount over which contracts must be let out to bid to $4,000.

LAST ACTION: September 4, 1981 - Governor approved - P.A. 82-423.

H.B. 1179 - HOFFMAN-FAWELL - Amends an Act creating Forest Preserve Districts in counties of less than 3,000,000 population. Permits commissioners to establish reimbursement rates for mileage expenses incurred while conducting district business by deleting the 15 cents per mile ceiling on such reimbursement. Provides that in districts having a population of 100,000 or more but less than 3,000,000 the board may levy taxes for construction, restoring, reconditioning and acquiring improvements for the development of forests and lands, the amount of tax each fiscal year shall be extended at a rate not to exceed .025 % .

LAST ACTION: September 24, 1981 - Governor approved - P.A. 82-637.

See Legislative . . . page 35

Illinois Parks and Recreation 16 November/December 1981

Legislative . . . from page 16

•H.B. 1371 - STECZO-OBLINGER - Amends an Act relating to alcoholic liquors and the Park District Code to authorize park districts to sell or deliver or permit the sale or delivery of alcoholic liquor in buildings located on park property subject to the approval of the governing board. House Action - Third Reading - Passed 136-21-2.

LAST ACTION; June 26, 1981, Failed in Senate upon verification of roll call vote 29-25-0-3.

•H.B. 1377 - STECZO (Senate sponsor MAHAR) - Repeals Section 4-5 of the Park District Code which required publication of the appropriation ordinance.

LAST ACTION; September 4, 1981 - Governor approved - P.A. 82-426.

H.B. 1527 - MILLER - Creates Property Tax Extension Act of 1981 to impose limitations upon increases in extensions of ad valorem property taxes. LAST ACTION: May 20, 1981, Assigned Spring Calendar.

H.B. 1576 - KANE - Authorizes counties to provide urban services throughout county or within parts of county. Defines parks and recreation among urban services to be provided.

LAST ACTION; May 1, 1981, Assigned to Interim Study Calendar.

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