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Legal/Legislative Scene

Veto Session Focuses
On Tax Caps

                                                               By Peter M. Murphy
                                                              IAPD General Counsel


Peter M. Murphy

The veto session hit full stride on October 22 when both the Illinois House and Senate considered individual pieces of legislation extending the collar county tax cap to Cook County.

Numerous amendments to the legislation were offered in an attempt, among other things, to extend the impact of the cap to home rule municipalities (those with populations of 25,000 or greater) and down state local governments.

It is expected that the legislation will pass the Senate handily but may bog down in the House.

To date neither the House nor Senate has measured the fiscal impact on local governments, and it is possible that this legislation may extend its authority throughout Illinois without responsible steps being taken to determine how local government services will be affected by the imposition of the tax cap.

New Act signed by Governor Edgar

Other legislation that has been signedby Governor Edgar includes Public Act 87-385 which creates the Local Governmental Employees Political Rights Act. This new Act prohibits units of local government from inhibiting the political rights of an employee. Further, an employee may not use his or her position to coerce or inhibit others or engage in political activities while at work or on duty.

In other action the backdoor referenda provisions of the Illinois Revised Statutes were made uniform by the Governor's approval of Public Act 87-767. The uniform provisions provide that petitions requesting a referendum must be filed within 30 days after publication or posting and must be signed by electors of the district equal to 10 percent or more of the registered voters.

In many instances this change benefited or had a neutral effect on the practices of park districts in Illinois.


Pencil Drawing of the Capitol Building
LWCF funding still being debated

On the national level, action is still pending on the appropriation for the Land and Water Conservation Fund. Currently the House and Senate are $71 million a part on funding the LWCF. However, it is likely that the stateside share of LWCF monies will be minimal.

1991 Park District Legal Calendar

The 1992 Park District Legal Calendar begins on page 12.

For purposes of this calendar "Election Authority" means the county clerk; city board of election commissioners or a county board of election commissioners."Local election official" means the clerk or secretary of a unit of local government or school district.

This calendar does not include the nomination and/or election of officials of municipalities, townships, libraries, parks,school districts or other special districts.

For signature requirements on nominating petitions, contact the appropriate county clerk, state board of elections, or the IAPD.

Chapter 46, Section 1-3 "Business day" means any day in which the office of an election authority, local election official or the state board of elections is open to the public for a minimum of seven hours.

Chapter 46, Section 1-5 The time within which any act provided by the election code is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute, and then it shall also be excluded if the day succeeding such Saturday or Sunday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded.

Illinois Parks and Recreation                 11                 November/December 1991

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