The Legislative Scene

Numerous Bills Indicate Public
Concerned About The Tax Dollar

By Peter M. Murphy, Director, Governmental Services, IAPD

The Illinois House and Senate faced a tremendous work load this session and the high number of substantive bills raised many issues of major concern to local governments. Although there was no shortage on the number of tax limitation measures introduced to restrict local governments' ability to tax, the majority of these heard their death knell early in the session. The most significant of these bills were (1) S.B. 765 which would have among its many provisions provided for the removal of the statewide multiplier. This bill contained the same language as Governor Thompson's amendatory veto of H.B. 2485 last session which attempted to neutralize the effects of the multiplier. This bill failed and has been recommitted to the Senate Revenue Committee. (2) S.B. 889 provided that the equalization factors used by the Department of Revenue for 1983 and subsequent years would not exceed the equalization factors used by a county in 1982. This proposal to freeze the multiplier lost by a vote of 22 to 31 in the Senate. (3) S.B. 954 amended the Truth in Taxation Act to provide that tax levies exceeding 110% of last year's extension must be approved by a 2/3rds majority of the governing board and that tax levies which are more than 120% of last year's extension must be approved by referendum. This measure lost in the Senate by a vote of 25 to 27. (4) H.B. 1396 proposed to change the level of assessment of property from 33 1/3% to 30%. The passage of this legislation would have resulted in a substantial revenue loss to local governments. It remains in the Senate Revenue Committee.

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The recurrent introduction of such legislation should indicate to local governments the growing concerns of taxpayers over how their tax dollar is being spent. The continuing efforts of park, forest preserve and conservation districts to be fiscally responsible and highly visible in their activities will go a long way toward dissipating the desirability of such proposals.

BILLS STILL PENDING AT IPR PRESSTIME

Other issues demanding a great deal of attention this session were S.B. 536 creating the Illinois Labor Relations Act which establishes a three member, compensated Labor Relations Board in order to oversee labor relations between public employers and employees. For the purposes of this act, "public employers" is defined to include the State of Illinois, and any of its political subdivisions and as such this definition includes park, forest preserve and conservation districts within its purview.

Illinois Senator Bob Kustra spoke on "Improving the Legislator's Performance" at the IAPD Fifth Annual Legislative Conference in Springfield. A Des Plaines Republican from the 28th District, he is a member of several committees, including Appropriations II; Elementary Education; Finance; and Labor and Commerce.

The legislation extends collective bargaining rights to all public employees in the State, provides a right to strike for all except those involved in public safety such as police and firemen and mandates binding arbitration.

Public access to the records of public bodies was addressed by H.B. 234 which creates the Freedom of Information Act. It is significant to note that the Act includes within its scope all units of local government as well as the Illinois General Assembly which was heretofore excluded from coverage under previously proposed legislation. Public body is also defined for purposes of the Act to include any private not for profit corporation which receives more than 50% of its operating funds from local, state or federal tax revenue.

Public records covered by the Act include every conceivable communication under the control of a public body that is not otherwise privileged or exempted. Specifically included are administrative manuals and procedural rules, final opinions in the adjudication of cases, statements and interpretations of policy, all information in any account, voucher or contract dealing with public funds, and the names, salaries, titles and dates of employment of all employees and officers.

Each public body is required to comply with the act within seven working days after receipt of a written request for information. Requests which are denied must be responded to in writing stating the reasons for the denial and the names and

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Illinois Parks and Recreation 28 July/August 1983

THE LEGISLATIVE SCENE (Cont. from p. 28)

titles of each person responsible for the decision. A denial sets up a right for the requesting person to appeal to the head of the public body. If such appeal is denied the notice of such denial must inform the person of his right to judicial review. Persons substantially prevailing in a judicial review may be granted reasonable attorney's fees.

Further, any public or official who intentionally withholds public records in violation of the act would be guilty of a Class C misdemeanor (punishable by a fine of up to $500 and/or up to 30 days imprisonment). Each public body is authorized to charge for its actual cost of reproducing and certifying public records up to .50¢ per page.

Illinois Parks and Recreation 30 July/August 1983