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The Legislative Scene
General Assembly Adjourns for 1983,
By Peter M. Murphy, The Illinois State Senate gave its unanimous approval (57 - 0) to House Bill 1067 (Public Act 83-917) which now becomes law despite Governor Thompson's veto. This new authority will enable park districts to lease an aggregate of not more than 20 acres of open space for $1 per year and in doing so offer the lessor the incentive of an exemption of such acreage from the property tax. Note that this authority extends only to undeveloped open space. Collective Bargaining/Freedom of Information As expected, the legislature also certified the Governor's recommended changes to Senate Bill 536 governing collective bargaining and House Bill 234 creating the Freedom of Information Act. These bills as well as Senate Bill 306 (Northeastern Illinois Planning Commission) are still awaiting the approval of the Governor. Copies, however, are currently available upon request from the IAPD offices. The date which units of local government must begin complying with the Freedom of Information Act has been extended from January 1, 1984 to July 1, 1984. After this date the portion of the Local Records Act which governs public access to reports and records of the receipt and use of public funds will become inapplicable. Thereafter public bodies will be required to make available to any person for inspection or copying all public records unless exempted by Section 7 of the Act (infra). Public bodies must now respond to written requests within seven working days and failure to respond within this time will be considered a denial of the request. The time limit may be extended for not more than an additional seven working days for any of the following reasons: 1. The requested records are stored in whole or in part at another location. 2. The request requires the collection of a large number of records. 3. The request is couched in categorical terms requiring an extensive search. 4. The records have not been located during a routine search and require that additional efforts be made. 5. The requested records require evaluation to determine if they are exempt from disclosure. 6. The request for records within the prescribed time limit would unduly burden or interfere with the operations of the public body. 7. There is a need to consult another public agency having a substantial interest in the subject matter of the request.
If a public body relies on one or more of these exceptions, it must notify the person making the request by letter stating the reasons for the delay and the date the information will be forthcoming. Public bodies may charge fees for the actual cost of reproducing and certifying requested records. There is, however, a prohibition against charging fees for the search and review of materials. While the original version of the Act included a provision providing for the waiver or reduction of fees if the individual requesting the information was indigent, the Governor's changes included the deletion of this subjective determination. Public bodies are authorized under the Act to promulgate rules and regulations governing the availability of records and procedures to be followed by individuals making requests therefor. Such rules should include the times and places where such records will be made available. The Act additionally requires public bodies to display and make available for inspection and copying, and send through the mail if requested, a brief description of itself which should include its purpose, a block diagram giving its functional subdivisions, the total amount of its operating budget, the number and location of all its separate offices, the total number of its full and part-time employees, and the identification and membership of its board. A brief description must also be included of the methods that the public may use in order to request information and Illinois Parks and Recreation 38 January/February records and a list of the employees to whom such requests should be directed. There are a number of exemptions from inspection and copying provided through Section 7 of the Act. The following list contains some of the more significant exemptions but is not all inclusive. 1. Information which would constitute a clearly unwarranted invasion of personal privacy. 2. Personal information maintained with respect to employees, appointees, or elected officials of any public body or applicants for such positions. 3. Documents or information relating to collective bargaining matters. 4. Records relating to real estate purchase negotiations until such negotiations have been completed or terminated. 5. All proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool. 6. Minutes of meetings of public bodies which meetings are closed to the public pursuant to the Open Meetings Act. 7. Communications between a public body and an attorney or auditor representing such public body that would not be subject to discovery in litigation and materials prepared or compiled by or for a public body in anticipation of a criminal, civil, or administrative proceeding upon the request of an attorney advising the public body and materials prepared or compiled with respect to internal audits of public bodies. It is important that you familiarize yourself with all of the exceptions provided under Section 7 of the Act. Finally, there were two other significant changes made to the Act by Governor's amendatory veto. The first changed the formula under which a plaintiff who substantially prevails in a proceeding may receive attorney's fees. The new language of the Act provides that "the court may award" a person seeking the right to inspect or receive copies of a public record "reasonable attorney fees but only if the court finds that the record or records in question were clearly of significant interest to the general public and that the public body lacked any rational basis in law for withholding the record." Secondly, the Governor deleted in their entirety the criminal penalties (class C misdemeanor) that could have attached to an in- Illinois Parks and Recreation 39 January/February dividual withholding public records. It was the Governor's opinion "that criminal provisions have no place in the Freedom of Information Act" and we whole heartily agree. The Illinois House and Senate will only meet in perfunctory session only on January 10 and 11. Further, at the request of Governor Thompson the State of the State message has been postponed until Wednesday, February 8 and both Houses will meet in full session on that date. Attorney General's Opinion On November 21, 1983, Attorney General Neil Hartigan issued an opinion (file number 83-025) regarding P.A. 83-507 (HB 860). The opinion addressed questions that have been raised on the effect of this legislation on the pickup of employee contributions to the Illinois Municipal Retirement Fund. It is the opinion of the Attorney General that P.A. 83-507 authorizes units of local government to finance the mandated pickup of employee contributions to IMRF by using the same source of funds from which employee wages are paid with a corresponding (a) cash reduction in the salary of the individual employee, (b) an offset against future earnings of the employee, or (c) by a combination of a reduction in earnings payments to employees and an offset against future earnings increases. Therefore the effect of an employer paid (pickup) plan will be to increase the employee members' current net (after tax) wages by deferring payment of the Federal Income Taxes on the 4 1/2% IMRF employee contributions until such time as these contributions are paid to the employees in the form of a pension or separation refund or as death benefits to the employees' beneficiaries. The contributions will be exempt from Illinois Income Tax and under current law will not be taxed when paid in the form of pensions, separation refunds or death benefits. It should be emphasized that the members' IMRF benefits and the amount of employers' contributions to IMRF will not be changed. The Internal Revenue Service has issued rulings stating that the employer paid (picked-up) contributions are not taxable when made but are taxable when distributed. The Attorney General's opinion should allay those concerns of our membership over the necessity of paying for the employee contribution to IMRF through the use of corporate funds. National Issues The U.S. Senate approved S. 1090 by voice vote on November 18, 1983. The purpose of the bill is to establish a National Recreation Resources Review Commission (NRRRC) which is an outgrowth of the first ORRRC established by congress in 1958 and completing its work and reporting its findings in 1962. Many of the recommendations made by this original commission put in place the key elements of outdoor recreational policy in America through the 1960's and 1970's. Examples are: the Land and Water Conservation Fund, the National Trails and River System, the Wilderness Preservation System, and programs of technical support to the states. The latest commission will have the authority to study and recommend policies and activities for government agencies at the federal, state, and local levels in order to assure the continued availability of quality outdoor recreation experiences through the year 2000. The study will include an examination of existing outdoor recreation lands and resources in order to identify and evaluate the land and resource base necessary for future outdoor recreation as well as the role and responsibility that government has in providing these opportunities. The bill also includes the private sector within its purview and calls for an examination of the role and capacity of the private sector to meet current and future needs. Consideration will also be given to the potential for new partnerships between the private and public sector. The commission will be comprised of 21 members including 13 citizens with a concern and knowledge of outdoor recreation issues. Three public members will be appointed by both the President pro tempore of the Senate and the Speaker of the House, with the other seven public members appointed by the President after consideration of input from the public and organizations concerned with outdoor recreation resources and opportunities. The Senate and House will reconvene on January 23 and it is expected that congressional action will take place early in the second session of the 98th Congress on the House version of the bill (H.R. 2837). Currently both the House version and S. 1090 passed by the Senate are pending before the House Subcommittee on public lands and national parks. Senators Charles Percy and Alan Dixon are both co-sponsors of S. 1090 and Congressmen John Porter and Edward Madigan are co-sponsors of H.R. 2837. Illinois Parks and Recreation 40 January/February |
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