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The Legislative Scene

Legislative Conference set for April 17

By Peter M. Murphy, Legal/Legislative Counsel

Legislative conference

Mark your calendars! The Seventh Annual Legislative Conference is scheduled for April 17 and promises to be a rewarding experience for park, forest preserve and conservation board members and professionals.

A stimulating program has been developed with some of Springfield's most outstanding legislators and legislative experts making presentations on a broad range of current issues.

A special luncheon speaker has been chosen and the legislative reception will take place at Springfield's Sangamo Club. Every park district should take this opportunity to come to Springfield and meet the legislators to discuss issues of importance to park and recreation in Illinois. Since this is the initial year of the 84th General Assembly, it is very important that we make our feelings about pending park and recreation issues known to the members of the General Assembly.

Senate leadership

Senate President Philip Rock (Oak Park) announced the following Democratic leaders for the Illinois Senate: Frank Savickas (Chicago), assistant majority leader; Vince Demuzio (Carlinville), assistant majority leader; Charles Chew (Chicago), assistant majority leader; Richard Luft (Pekin), majority whip; John D'Arco (Chicago), majority whip, and Sam Vadalabene (Edwardsville), caucus chairman.

Senate Minority Leader James "Pate" Philip (Elmhurst) announced the following Republican leaders: Stanley Weaver (Urbana), assistant leader; Aldo DeAngelis (Chicago Heights), assistant leader; John Davidson (Springfield), assistant leader; Jack Schaffer (Crystal Lake), caucus chairman, and Adeline Geo-Karis (Zion), caucus secretary.

House leadership

House Speaker Michael Madigan (Chicago) has announced the following Democratic leaders for the Illinois House: Jim McPike (Alton), assistant majority leader; E.J. "Zeke" Giorgi (Rockford); Alan Greiman (Skokie), assistant majority leader; John Matijevich (Waukegan), assistant majority leader; Carol Mosley Braun (Chicago), assistant majority leader; Ralph Capparelli (Chicago), majority whip; Peg McDonnell Breslin (Ottawa), majority whip, and Frank Giglio (Chicago), conference chairman.

The House Republican leadership was announced by Minority Leader Lee Daniels (Elmhurst). They are Gene L. Hoffman (Elmhurst), assistant minority leader; Thomas L. Ewing (Pontiac), assistant minority leader; Sam Vinson (Clinton), assistant minority leader; Jack Davis (New Lenox), assistant minority leader; Penny Pullen (Park Ridge), minority whip; John Hallock (Rockford), minority whip, and Dwight Friedrich (Centralia), conference chairman.

Outdoor Recreation Commission

On January 29, President Ronald Reagan signed an Executive Order creating a 15-member Commission on Outdoor Recreation Resources Review.

The commission will examine existing outdoor recreation policies, programs and opportunities provided by all levels of government and the private sector. Within a year, the commission will make recommendations on how the nation "can ensure the availability of outdoor recreation for the American people."

Membership on the commission will include representatives from the private sector, Congress, state and local governments, recreational and other service organizations.

The commission is patterned after a similar group created by Congress in 1958 which was responsible for many innovative ideas and cooperative programs that have included the creation of the Wilderness System, the establishment of the Land and Water Conservation Fund, and the transfer of more than 100,000 acres of federal land to state and local governments for parks and recreation.


Illinois Parks and Recreation 38 March/April 1985


Park District Calendar - 1985

The following Park District Calendar is based on a fiscal year which begins on May 1 and ends on April 30. For those park districts that have adopted another date for the commencement of the fiscal year (Ill. Rev. Stat., Chapter 105, par. 4-4), this calendar must be adjusted for those duties that must be performed at times related to the fiscal year. The calendar is also established around regular park board meetings held on the third Thursday of every month.

Park District Calendar 1985

Annual Requirements

At the beginning of the fiscal (or calendar) year:

1. Post the date, time and place of Park District regular meetings for the year. Mail copies to news media. (Chapter 102, par. 42.02 et seq) [All chapter references are to the Illinois Revised Statutes, 1983.]

2. Review with the Park District treasurer the requirement that all funds of the district not immediately needed for disbursement must be invested within two working days at prevailing rates or better. (Chapter 102, par. 34)

3. Review the requirement that every person, other than the treasurer, receiving money for the district must keep a triplicate record of the money, and deliver the money to the treasurer not later than the middle of the month following the month of receipt. (Chapter 102, par. 20)

FEBRUARY

4. Economic Disclosure Statements — Certified List — The "Governmental Ethics Act" requires the secretary of the park district to provide the Secretary of State with a list of those persons required to file statements of economic interest. The list must be certified not less than 60 days before the May 1 due date for filing the statements. This requirement is found in Chapter 127, paragraph 604A-106, which provides in pertinent part as follows:

"Not less than 60 days before the due date for filing such statements, annually, (1) the State Comptroller shall certify to the Secretary of State a list of the names and mailing addresses of the persons described in item (f) of Section 4A-101, and (2) the clerk or secretary of each school district, unit of local government, special district or other governmental entity described in items (g), (h) and (i) of Section 4A-101 shall certify to the Secretary of State a list of the names and residence addresses of such persons described in these items (g), (h) and (i) as are required to file because of their relationship to the entity represented by the clerk or secretary. In preparing such lists, each such clerk or secretary shall set out the names in alphabetical order, by county or residence, and shall file a copy of such list with the appropriate County Clerk."

MARCH

5. A good month to check zoning changes and annexations by cities or villages within the District boundaries. (Cities and villages must publish a new zoning map by March 31 of each year, if there have been any changes in the boundaries of zoning districts, and furnish a copy of the map upon request.) (Chapter 24, par. 11-13-19)

APRIL

6. April 2 is the Consolidated Election for Park District commissioners and public questions. (Chapter 46, pars. 2A-1.1 and 1.2)

7. April 17 Attend the Seventh Annual Legislative Conference.

8. April 16 is the suggested date to prepare the budget and appropriation ordinance in tentative form and place on file for public inspection. (Must be done at least 30 days prior to final action.) (Chapter 105, par. 4-4)

9. April 18 (first regular meeting after April 2 election) administer and file oath of office for newly elected commissioners. (Chapter 105, par. 4-8)

10. April 18 (first regular meeting after April 2 election) organize park board and establish officers. (Chapter 105, par. 4-8)

11. April 30 (the last day of the fiscal year of the Park District) is the time for the treasurer to prepare annual statements of receipts and disbursements, which must be filed in the office of the County Clerk and published within 90 days after the close of the fiscal year. (Chapter 102, pars. 5 and 6)

MAY

12. May 1 is the due date for filing Statements of Economic Interest for persons who have not previously filed during the calendar year. (Applies to elected officials and salaried employees compensated at $35,000 or more.) [Public Act 83-1330, eff. January 1, 1985.]

13. May 1 (beginning of new fiscal year) is alternate date to post the schedule of the dates, time and place of Park District regular meetings for the fiscal year — mail copies to news media (or this can be done at beginning of calendar year). (Chapter 102, par. 42.02, et seq.)

14. May 1 start annual audit, which must "be completed and the audit report filed with the Comptroller within six months after the close of [the] fiscal year. . . ." Also file a copy of the completed report with the County Clerk. (Chapter 85, pars. 702 and 706)

15. May 1 send notice to Illinois Department of Labor requesting determination of current prevailing rate of wages for District's area. (Chapter 48, par. 39s-4)

16. May 2 is suggested date to publish notice of public hearing on budget and appropriation ordinance (at least seven days prior to hearing). (Chapter 105, par. 4-4)

17. May 16 (regular May meeting)


Illinois Parks and Recreation 39 March/April 1985


is suggested date to hold the public hearing on the budget and appropriation ordinance and enact that ordinance at the Board meeting following the hearing. (Chapter 105, par. 4-4)

(Note 1 - The budget and appropriation ordinance must be made available in tentative form for public inspection at least 30 days prior to final action thereon.)

(Note 2 - The Truth in Taxation public hearing can be held at the same time as the budget and appropriation hearing. Chapter 120, par. 866.) (Note 3 - All taxing districts are now required to file a certified copy of their budget and appropriation ordinances with the County Clerk within 30 days of their adoption, as well as an estimate, certified by the district's chief fiscal officer, of revenues, by source, anticipated to be received by the taxing district in the following fiscal year. Failure of a district to file the required document will authorize the County Clerk to refuse to extend the tax levy imposed by the governing authority until such documents are filed. [Public Act 83-881, eff. September 26, 1983.])

18. May 16 is a suggested date for the Board to estimate the funds to be raised by the tax levy ordinance and determine whether the funds to be raised exceed, by more than 105 percent, the amount extended or estimated to be extended upon the levy of the preceeding year (this determination must be made at least 20 days prior to enactment of the levy ordinance). (Chapter 120, pars. 864 and 866)

(Note: it is recommended that the Park District attorney review all determinations and proceedings relating to this reference, which is the "Truth in Taxation" Act .)

JUNE

19. June 11 is a suggested date to publish notice of hearing (Truth in Taxation Act) if the District proposed levy is greater than 105 percent of last year's extension or estimated extension — must publish not less than seven, nor more than 14, days prior to hearing — June 11 publication date assumes a hearing date of June 18 to June 25, 1985 — be sure to check special publication requirements found in the statute. (Chapter 120, par. 851 et seq. See also Public Act 82-760.)

(Note: notice of public hearing must now include the commonly known name of the taxing district, further, any notice which includes information substantially in excess of that specified and required by the act shall be considered an invalid notice. (Public Act 83-881, eff. September 26, 1983.)

20. June 15 is the last day for filing a copy of the district's budget and appropriation ordinance with the County Clerk as well as a certified estimate of revenue by source anticipated to be received in the following fiscal year.

21. June 20 first day notice of intention to file a petition to create a political subdivision whose officers are to be elected, rather than appointed, may be published in a newspaper within the proposed political subdivision, or if none, in a newspaper of general circulation within the proposed territory. (Chapter 46, par. 28-2)

(Note: if initial officers are to be elected at the election for creation of a new unit of government, candidates for such offices shall file nomination petitions 78 to 71 days before such election. (Chapter 46, par. 10-6)

22. June 20 (regular June Board meeting) is a suggested date to hold hearing pursuant to Truth in Taxation Act. (Chapter 120, par. 641 et seq.)

23. June 20 is suggested date to enact tax levy ordinance at regular meeting following the Truth in Taxation Act hearing. (Chapter 105, par. 5-1)

24. June 30 is last day to; (a) determine prevailing rate of wages, (b) post rate schedule for inspection, (c) file certified copy of determination with Secretary of State. (Chapter 48, par. 39s-9)

(Note; pursuant to par. 39s-4 of Chapter 48, a park district may request the Department of Labor to ascertain the prevailing rate of wages. See item 15, supra.)

JULY

25. July 5 (if levy ordinance was enacted on June 20, 1985) is the last day to publish notice if levy amounts as enacted exceed prior published figures or if levy exceeds 105 percent of last year's extension and there was no prior publication (notice must be given within 15 days of the date the levy ordinance was enacted). (Chapter 120, par. 867)

26. July 19 last day to file a petition to create a political subdivision with the appropriate Circuit Court Clerk. (Chapter 46, par. 28-2)

(Note: objections may be filed on or before the date of the hearing with the appropriate Circuit Court Clerk.)

27. July 29 is last date to publish annual statement of receipts and disbursements and file a copy with the County Clerk — for Districts on a May 1 - April 30 fiscal year (must be accomplished within 90 days of close of fiscal year). (Chapter 102, par. 5)

28. July 30 is last date to publish determination of prevailing rate of wages (if determination was made by the District and not the Department of Labor) and mail copies of rates to requesting parties (publication must be within 30 days of date of filing with Secretary of State — see item 24, supra). (Chapter 48, par. 39s-9)

AUGUST

29. August 1 — Nominations to the Illinois Municipal Retirement Fund Board are accepted between August 1 and September 15. (Chapter 108 1/2, par. 7-175)

30. August 15 (regular Board meeting) suggested date to complete and record all annexations to the District (prior to filing levy ordinance with County Clerk).

31. August 8 is a suggested date to verify that the newspaper publisher has filed a Certificate of Publication Report of Receipts and Disburse-


Illinois Parks and Recreation 40 March/April 1985


mente with the County Clerk. (Chapter 102, par. 7)

32. August 19 last day for filing of petitions for referenda for the submission of questions of public policy (local) as authorized by law or petitions for referenda under Article VII or paragraph (a) of Section 5 of the transition schedule of the 1970 Constitution. (Exception: proposition to create a political subdivision.) (Chapter 46, pars. 28-2, 28-6 and 28-7)

33. August 19 is a suggested date to confirm that a certified copy of the levy ordinance was properly filed with the County Clerk. Chapter 105, par. 5-1 requires that a certified copy of the levy ordinance be filed with the County Clerk not later than the third Tuesday in September each year.

34. August 19 — last day for filing petitions with the District to place public questions on November 5, 1985 ballot. (Chapter 46, par. 28-2, 28-6 and 28-7)

SEPTEMBER

35. September 1 is last day for the Park Board to initiate public questions (referenda) to be placed on the November 5, 1985, ballot (by ordinance or resolution). (Chapter 46, par. 28-2)

36. September 16 is last day to:

(a) file certified copy of tax levy ordinance with County Clerk. (Chapter 105, par. 5-1)

(b) file Board President's Certificate of Compliance with County Clerk. (Chapter 120, par. 868)

37. September 30 is last day to file State and Local Government Information (EEO-4) EEOC form 164 with Equal Employment Opportunity Commission (report documents sex, race and salary data for employees).

OCTOBER

38. October 7 is suggested date to review documents to determine which records can be destroyed — permission of Local Records Commission required. (Chapter 116, par. 43.101 et seq.)

39. October 17 (regular Board meeting) — review nonreferendum bonding needs preparatory to selling bonds before close of calendar year. (Chapter 105, par. 6-4)

40. October 31 (within 6 months of close of fiscal year) last date to file annual audit report with the Comptroller of the State of Illinois and County Clerk. (Chapter 85, pars. 702 and 706)

NOVEMBER

41. November 5 — Nonpartisan Election (referenda only).

42. November 21 (regular Board meeting) is a suggested date to enact bond ordinance for nonreferendum bonds to be issued prior to the end of calendar year. (Chapter 105, par. 6-4).

DECEMBER

43. December 5 is a suggested date to verify that, for real estate acquired in 1985, appropriate petitions have been filed to exempt from real estate taxes. (Chapter 120, par. 500)

44. December 19 is a suggested date to prepare and file with the Supervisor of Assessments the Annual Certification Status of Exempt Property for 1985. (Last day for filing is January 31, 1986.) (Chapter 120, par. 500)

45. December 19 (regular December Board meeting) is a suggested date for Board to approve schedule of regular meetings for 1986; post and mail to news media (or this can be done at beginning of fiscal year). (Chapter 102, par. 42.02)

46. December 30 is last day to file bond ordinance with County Clerk in order to receive extensions of taxes for bond repayment in 1986.

Governor promises help for open space acquisition, development

Governor Thompson initiated an ambitious proposal on Feb. 5 during his State of the State message. Called "Build Illinois," the proposal is designed to stimulate and fund programs impacting business development, transportation, education and protection of the environment.

Details of the proposal involving the environment, for the first time, express a commitment to fund the Open Space Land Acquisition and Development Act (OSLAD). As outlined, this OSLAD program would provide $25 million of grants-in-aid to units of local government over the next five years. Projects eligible under the program will be the same as those allowed under the Federal Land and Water Conservation Fund program, with assistance limited to 50 percent of eligible land acquisition and development costs.

We congratulate Michael Witte, director of the Illinois Department of Conservation, who has worked in cooperation with the Illinois Association of Park Districts (IAPD) to provide the impetus for the exciting new direction taken by the Governor.

Your efforts in communicating the importance of a State-funded program for local park development and acquisition to your State representative and senator over the coming months will help determine the success of this initiative.

IAPD Executive Director Ted Flickinger has been appointed to serve on Gov. Thompson's "Build Illinois" Committee. The committee is charged with assisting the Governor in defining "Build Illinois" issues and putting the ambitious program into action.


Illinois Parks and Recreation 41 March/April 1985


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