Budget Crisis Portends Long Legislative Session By Peter M. Murphy IAPD General Counsel

The floodgates of legislation opened after the legislative recess, and a number of major proposals were introduced. This article focuses on those legislative initiatives which would most dramatically affect Illinois park and forest preserve districts. Note that a number of them are revenue related and seek to extend the property tax cap to Cook County and downstate counties as well.

Important measures which have been introduced attempt to shift the burden of school funding from the local property tax to a local income tax. If these efforts are successful, the tremendous pressure on the property tax would be eliminated.

Redistricting

Major changes will occur in the make up of the Illinois General Assembly. As a result of the November general election, it is estimated that more than 50 Illinois House members out of a total of 117 will be leaving when the new General Assembly convenes in January. In addition, with the retirement of Senator Philip Rock, the Senate presidency will be up for grabs as more than 19 senators will not be returning.

It is critical that you get to know the new legislators running in your district in order to determine their support for and interest in the many types of activities that Illinois park and forest preserve districts are involved in on behalf of Illinois citizens.

Conservation Budget

During his fiscal 1993 budget address, Gov. Jim Edgar called for hundreds of millions of dollars in budget cuts on top of those made during his first year as Governor and for further downsizing of state government.

The Governor indicated his budget decisions were driven primarily by revenue losses attributable to the national recession. State government lost more than $330 million in anticipated revenue from income and sales taxes this fiscal year, and growth in those areas during Fiscal Year 1993 is expected to lag beyond what normally would be projected. As an alternative to making even deeper budget cuts, the Govemor called for an end to taxpayer susidization of certain regulatory activity, new and increased user fees, the closing of loopholes in the tobacco tax area and the boosting of levies on purchases of alcohol to bring Illinois into line with national averages. Gov. Edgar in his budget address also proposed a $185.1 million budget for the Department of Conservation in Fiscal Year 1993.

The request represents a 16.4 percent decrease from the current fiscal year's unreserved level. The General Revenue Funds budget for the Department is $36 million, a 15 percent decrease from fiscal 1992.

The Department will operate 214 of its sites year-round and shift 52 sites to seasonal operations.

Dedicated dollars from the Natural Areas Acquisition Fund will provide $2.4 million for stewardship and critical preservation efforts. The Department also is planning to spend $430,000 for pheasant habitat and $900,000 for waterfowl habitat projects.

The Department's focus is on habitat. Because 95 percent of Illinois' land is privately owned, technical assistance will be provided to landowners to protect the state's natural resources.

In addition, a new $5 habitat stamp will replace the current pheasant and furbearer stamps. The money beyond what is
(continued on page 12)

Illinois Parks and Recreation

11

May/June 1992

required to maintain those two programs will be placed in a newly created Habitat Endowment Trust Fund for long-term habitat projects.

The Department also will continue its grant programs to local governments and non-profit organizations, which will provide $2 million for the development of bicycle paths, $5.7 million for open space, $1 million for boat access areas, $700,000 for urban forestry, $300,000 for waterfowl habitat and $140,000 for snowmobiling. Another $500,000 will go to private landowners for timber growers' assistance.

The Department's staff will be reduced by 89 full-time positions below fiscal 1992 levels. Administrative staff in Springfield will be reduced by 15 percent over FY92/FY93.

Individuals who use state sites will be asked to make a larger contribution to support the facilities through increased fees.

In addition, the Department is seeking approval of legislation authorizing an entrance fee to state sites.

NEW BILL INTRODUCTIONS

HB 2912 Klemm
Amends the Property Tax Extension Limitation Act to exempt from the Act levies for payments into the Illinois Municipal Retirement Fund.

HB 2914 Klemm
Amends the Property Tax Extension Limitation Act to exempt from the Act levies by public school districts for purposes of fire prevention, safety, energy conservation, and school security under Section 17-2.11 and 17-2.1 1a of the School Code.

HB 2927 Kulas/SB 1700 Severns
Creates the Family Responsibility and Medical Leave Act. Provides that an employee is entitled to a leave of absence if: a child of the employee is born; the employee adopts a child; or the employee wishes to care for a child, parent or spouse with a serious illness or impairment. Provides that the Act applies only to employers with at least 50 employees and only to employees who work at least 20 hours per week. Provides for temporary and part-time leave. Establishes penalties for violation of the Act and for duties of the Department of Labor in enforcing the Act.

HB 3151 Persico
Amends the Human Rights Act. Provides that nothing in the Act prevents an employer from terminating, refusing to hire, or taking other reasonable action against an employee or prospective employee if the action is based on habitual abuse of drugs or alcohol. Amends the Drug Free Workplace Act. Includes termination or denial of employment among the actions that, if undertaken by a contractor or grantee in compliance with the Act, create a rebuttable presumption of good faith compliance with the Act.

HB 3178 Wennlund
Amends the Open Meetings Act. Provides that meetings of public bodies held to discuss whether a particular parcel of land should be acquired are exempt from the public meeting requirements of the Act. Effective immediately.

HB 3180 Persico
Amends the Property Tax Extension Limitation Act to exclude levies under Section 9-107 of the Local Governmental and Governmental Employees Tort Immunity Act.

HB 3206 Steczo
Amends the Forest Preserve District Tax Levy Validation (1986) Act to validate downstate forest preserve district appropriation ordinances adopted for the fiscal year beginning in 1991 and tax levy ordinances adopted in 1989 and 1990, as well as related ordinances and tax levies. Effective immediately.

HB 3234 Balanoff-Trotter
Amends the Minimum Wage Law. Deletes governmental bodies from the list of employers that are exempted from paying their employees overtime compensation.

HB 3243 Lang
Validates appropriations and tax levy ordinances adopted by Cook County Forest Preserve for fiscal year 1991. Effective immediately.

HB 3301 Burke-Phelan
Amends the Chicago Park District Article of the Pension Code to grant credit for certain periods of unused, uncompensated sick leave. Effective immediately.

State Mandates Act may require reimbursement to local governments.

HB 3318 Burke-Phelan
Amends the Chicago Park District Article of the Pension Code to authorize the granting of up to 5 years of additional service credit for time spent working for the federal government before becoming a member of the Fund. Requires payment of employee contributions at a rate calculated by the Board. Effective immediately.

State Mandates Act may require reimbursement to local governments.

HB 3321 Trotter
Appropriates $1 to the Capital Development Board for capital improvements for the Chicago Park District. Effective July 1, 1992.

HB 3339 Persico
Amends the Property Tax Extension Limitation Act. Authorizes taxing bodies to issue tax bonds within the tax cap without a referendum or to issue tax bonds above the tax cap that are within the growth limitations of the aggregate tax extension for bonding indebtedness. Establishes guidelines for issuance of the bonds.

HB 3340 Persico
Amends the Park District Code. In counties between 650,000 and 1,000,000 authorizes disconnection of individual tracts of land from a park district that contains (i) territory lying with a municipality and with another park district coterminous with that municipality as well

Illinois Parks and Recreation

12

May/June 1992

as (ii) territory lying outside that municipality and coterminous park district.

HB 3344 Hartke-Peterson, W.
Amends the Lawn Care Products Application and Notice Act. Provides that a lawn care containment permit issued by the Illinois Department of Agriculture must be obtained prior to the operation of a wash water containment area. Provides that the Department may promulgate rules and regulations as necessary for the enforcement of the Act. Provides for administrative hearings and sets penalties for violation of the Act or rules and regulations. Provides that violations of the Act may be prosecuted by the State's Attorney and collection of penalties may be made by the Attorney General if administrative penalties are not paid within 60 days of notice from the Department. Provides that penalties collected by the Department are to be deposited into the Pesticide Control Fund. Effective immediately.

HB 3379 Peterson, W.
Amends the Local Government Professional Services Selection Act. Provides that certain provisions of the Act maybe waived in emergency situations or when the cost of architectural, engineering, and land surveying services for a project is expected to be less than $25,000.

HB 3392 Giglio
Amends the Environmental Protection Act to prohibit composting facilities within one-quarter of a mile from any residence (other than a residence on the same property as the facility), retail business, or public building.

HB 3396 Ryder
Amends the Environmental Barriers Act. Requires accessibility standards under the Act to incorporate federal regulations promulgated under the Americans With Disabilities Act if those regulations meet minimum Illinois requirements.

State Mandates Act may require reimbursement to local governments.

HB 3413 Capparelli, Laurino, Bugielski, McAuliffe and Phelan
Amends the Revenue Act of 1939 to increase the senior citizen homestead exemption from $2,000 to $2,500 and the general homestead exemption from $3,500 to $4,500 in counties with 2,000,000 or more inhabitants beginning with the 1991 levy year. Effective immediately.

State Mandates Act may require reimbursement to local governments.

HB 3447 Hensel
Amends the Downstate Forest Preserve District Act. Requires that a district ordinance imposing a fine or penalty or making an appropriation be published in book or pamphlet form or (rather than in addition to) published in a newspaper. Effective immediately.

HB 3469 Steczo
Provides for the levy, subject to popular referendum, of a local schools income tax within educational service regions and the City of Chicago, with a corresponding dollar for dollar reduction in school district real property taxes.

HB 3477 Keane-Parke, Peterson, W., Steczo, Cowlishaw, Giorgi and Satterthwaite
Amends the Property Tax Extension Limitation Act. Provides that, with respect to park districts authorized to issue general obligation bonds or other general obligations payable from taxes without direct referendum, to provide an additional amount in the aggregate extension base to pay debt service, there shall be added to the aggregate extension base the amount of the most recent extension made for the park district to pay interest or principal, or both, on general obligation bonds. Effective immediately.

HB 3506 Deleo-Laurino
Amends the Park District Code by changing the form of the question on the ballot in an annexation referendum. Effective immediately.

HB 3515 McAfee
Amends the State Mandates Act to provide that mandates cannot be exempted from the Act after the effective date of the amendment unless the newly added Section is specifically amended to provide for the exemption. Effective immediately.

HB 3560 Giorgi
Amends the Park District Aquarium and Museum Act. Changes "public park or parks", within which aquariums or museums maybe maintained, to "publicly owned lands".

HB 3618 Hartke
Amends the Fiscal Responsibility Report Card Act. Increases the time period within which the State and taxing districts must submit a fiscal responsibility report card from 90 days to 180 days after the close of the fiscal year.

HB 3654 Kubik-Schoenberg
Enacts the Omnibus Fiscal Practices Act to require all taxing districts, including home rule units, beginning in 1984, to adopt fiscal years of September 1 to August 31, to adopt budgets before the beginning of the fiscal year, and to conduct annual hearings in August on their proposed property tax levies before adoption of their levies and budgets. Requires the county clerks and county treasurers to mail proposed property tax bills and to schedule hearings for each taxing district on the proposed tax levies on which those bills are based. Provides for State reimbursement to the county clerks and county treasurers for costs incurred in complying with the Act. Preempts home rule units. Amends the Revenue Act to 1939 to provide that property tax extensions in all counties (now only Cook County) be based on the equalized assessed valuation of property forthe year prior to the levy year. Repeals the Truth in Taxation Act on January 1, 1994. Effective January 1, 1993.

Illinois Parks and Recreation

13

May/June 1992

HB 3662 Cowlishaw
Amends the Downstate Forest Preserve District Act. Provides that if the boundaries of a forest preserve district are co-extensive with the boundaries of a county, district commissioners shall be elected from county board districts; a president of the district board of commissioners shall be elected at large. (Now, county board members perform the duties of forest preserve district commissioners.)

HB 3668 Keane
Amends the Revenue Act of 1939 to increase the senior citizen homestead exemption from $2,000 to $2,500 in counties with 2,000,000 or more inhabitants beginning January 1, 1993.

HB 3669 Keane
Amends the Revenue Act of 1939 to increase the general homestead exemption from $3,500 to $4,500 only in counties with over 2,000,000 inhabitants beginning in 1992.

HB 3686 Steczo
Amends the Public Funds Investment Act. Authorizes local governments to invest their public funds in interest bearing bonds of any county, township, other municipality, municipal corporation, or school district.

HB 3697 Cronin/SB 1702 Topinka
Amends the Truth in Taxation Act to require mailed notices in addition to current publication requirements.

State Mandates Act may require reimbursement to local governments.

HB 3700 Cronin
Amends the Revenue Act of 1939 to provide that property tax extensions in all counties (now only Cook County) be based on the equalized assessed valuation of property for the year prior to the levy year. Effective January 1, 1993.

State Mandates Act may require reimbursement to local governments.

HB 3701 Cronin
Amends the Revenue Act of 1939. Provides that in Cook County, the Board of Appeals shall not allow property to be assessed at a higher percentage of fair cash value than other property in the town. Effective January 1, 1993.

State Mandates Act may require reimbursement to local governments.

HB 3703 Cronin/SB 1701 Dudycz
Amends the Revenue Act of 1939. Repeals the Truth in Taxation Act. Requires all taxing districts to notify the county clerk of each county in which the taxing district is situated of the proposed aggregate levy of the taxing district at least 90 days before adoption of the levy by the taxing district. Requires taxing districts proposing to adopt an aggregate levy in excess of 105% of their prior year levy to hold a public hearing scheduled by the county clerk before adoption of the levy. Each taxpayer in a taxing district required to hold a public hearing must be notified by mail of their estimated tax bill and of the hearing. Effective January 1, 1993.

State Mandates Act may require reimbursement to local governments.

HB 3704 Cronin
Amends the Property Tax Extension Limitation Act to make it applicable to counties with 2,000,000 or more inhabitants. Also exempts from the State Mandates Act. Effective immediately.

HB 3705 Cronin/SB 1703 Dudycz
Amends the Revenue Act of 1939 to require that notice of any change in the assessed valuation of real property include a complete physical description of improvements on the property, including the number of rooms, total square footage, and other factors that affect the assessed valuation. Effective January 1, 1993.

HB 3718 Hicks
Appropriates $5 to the Department of Conservation for ordinary and contingent expenses. Effective July 1, 1992.

SB 1521 Jones
Amends the Chicago Park District Act. Deletes requirement that district commissioners state the times of regular meetings in the schedule published at the beginning of each year. Provides that the park district (rather than the commission) may, after the beginning (rather than after the first half) of the fiscal year, authorize transfers among appropriations. Provides that the commission shall adopt an ordinance establishing procedures by which the transfers shall be made.

SB 1541 Marovitz-Berman
Amends the Criminal Code of 1961 relating to unlawful use of weapons. Provides that the enhanced penalties for possessing silencers or machine guns or for carrying while hooded, robed, or masked, a firearm, stun gun, taser, or ballistic knife on school property or on residential property owned, operated, and managed by a public housing agency apply to possessing those weapons in a public park or on a public way within 1,000 feet of a school, public park or public housing.

SB 1556 Luft
Creates the Local Government Revenue and Mandate Act of 1992.

SB 1583 Madigan
Amends the tax increment financing provisions of the Illinois Municipal Code to change from 23 years to 15 years the period for completion of a redevelopment project area and the term for bonds issued to finance the project.

State Mandates Act may require reimbursement to local governments.

SB 1616 Jacobs
Creates the Recreational Trails of Illinois Act.

SB 1623 Topinka
Creates the Local Government Services Gift Certificate Act. Authorizes local governmental units to issue and sell gift certificates for the services provided or taxes, fees, or penalties charged by the unit. Requires certificates to be redeemed within one year. Effective immediately.

Illinois Parks and Recreation

14

May/June 1992

SB 1664 Vadalabene
Authorizes drainage districts, the Metropolitan Transit Authority, local mass transit districts, and the Regional Transportation Authority to utilize their established funds, personnel, and other resources to acquire, construct, operate, and maintain bikeways and trails.

SB 1701 Dudycz-Topinka, Butler, DeAngelis, Karpiel, MacDonald, Mahar, Raica, and Philip
Amends the Revenue Act of 1939. Repeals the Truth in Taxation Act. Requires all taxing districts to notify the county clerk of each county in which the taxing district is situated of the proposed aggregate levy of the taxing district at least 90 days before adoption of the levy by the taxing district. Requires taxing districts proposing to adopt an aggregate levy in excess of 105 percent of their prior year levy to hold a public hearing scheduled by the county clerk before adoption of the levy. Each taxpayer in a taxing district required to hold a public hearing must be notified by mail of their estimated tax bill and of the hearing. Effective January 1, 1993.

SB 1702 Topinka-Dudycz, Butler, DeAngelis, Karpiel, MacDonald, Mahar, Raica, and Philip
Amends the Truth in Taxation Act to require mailed notices in addition to current publication requirements.

SB 1703 Dudycz-Topinka, Butler, DeAngelis, Karpiel, MacDonald, Mahar, Raica, and Philip
Amends the Revenue Act of 1939 to require that notice of any change in the assessed valuation of real property include a complete physical description of improvements on the property, including the number of rooms, total square footage, and other factors that affect the assessed valuation. Effective January 1, 1993.

SB 1706 Topinka-Dudycz, Butler, DeAngelis, Karpiel, MacDonald, Mahar, Raica, and Philip
Amends the Revenue Act of 1939 to provide that property tax extensions in all counties (now only Cook County) be based on the equalized assessed valuation of property for the year prior to the levy year. Effective January 1, 1993.

State Mandates Act may require reimbursement to local governments.

SB 1731 Lechowicz
Amends The State Mandates Act to make due process mandates reimbursable by the State to local governments. Provides that a local government need not implement or continue a mandate if the General Assembly does not make necessary appropriations. Allows a local government to rely on a finding by the Auditor General that the General Assembly has not made the necessary appropriations.

SB 1734 O'Daniel-Woodyard
Amends the Illinois Pesticide Act. Provides that the Act specifically prohibits the regulation of pesticides by any political subdivision of the State. Preempts home rule powers. Effective immediately.

SB 1748 Jacobs
Amends the Local Governmental and Governmental Employees Tort Immunity Act. Grants tort immunity to members of the police department for acts or omissions executed within the scope of their employment. Effective immediately.

SB 1755 Schuneman
Amends the Governmental Ethics Act. Increases from $35,000 to $45,000 the minimum income that necessitates filing statements of economic interest by employees of the State, local governments and school districts.

SB 1767 Welch
Amends the Open Meetings Act. Provides that meetings held to discuss whether a particular parcel of property should be purchased are subject to the Act.

SB 1777 Karpiel
Amends the Downstate Forest Preserve District Act to require Districts with a population of less than 500,000 to receive permission of the property owners or the concurrence of the governing body of the municipality or township before establishing a trail surface within 100 feet of an occupied dwelling.

SB 1801 MacDonald
Amends the Illinois Municipal Code and the Counties Code to allow municipalities and counties to regulate the use of pesticides in a manner that is as restrictive as, or more restrictive than, regulation of the use of pesticides by the State or Federal Government.

SB 1832 Lechowicz-Rock
Amends the Counties Code, the Forest Preserve District Tax Levy Validation (1986) Act, and the Forest Preserve District Tax Levy Validation (1967) Act. Validates appropriations and tax levy ordinances adopted by Cook County and Cook County Forest Preserve for fiscal year 1991. Effective immediately.

SB 1862 Etheredge
Amends the Municipal Code. Deletes provisions allowing annexation of territory separated from the municipality by a forest preserve district.

SB 1865 Dunn, T.
Amends the Freedom of Information Act to make a stylistic change.

SB 1881 Carroll
Appropriates $1,000 to the Department of Conservation to study the restrictions created by the federal Wetland Delineation Manual.

SB 1925 Luft-DeAngelis
Amends the Property Tax Extension Limitation Act. Provides that, with respect to park districts authorized to issue general obligation bonds or other general obligations payable from taxes without direct referendum, to provide an additional amount in the aggregate extension base to pay debt service, there shall be added to the aggregate extension base the amount of the most recent extension made for the park district to pay interest or principal, or both, on general obligation bonds. Effective immediately.

Illinois Parks and Recreation

15

May/June 1992

SB 1933 Luft
Amends the Property Tax Extension Limitation Act. Provides that taxes levied for purposes provided for in the Local Governmental and Governmental Employees Tort Immunity Act are excluded from the definition of "aggregate extension" for purposes of the Act. Effective immediately.

SB 1955 Woodyard-PhiHp, Weaver, S.,, Davidson, Schaeffer, DeAngelis, Schuneman And Gco-Karis
Creates the Habitat Endowment Act. Money in the Illinois Habitat Fund shall come from investment income transferred from the Illinois Habitat Endowment Trust Fund. Corpus of the Trust Fund shall come from private donations and transfers from the Park and Conservation Fund, or other authorized funds.

SB 1957 Hudson
Amends the Code of Civil Procedure. Provides that punitive damages may be awarded only if the plaintiff proves by clear and convincing evidence that the defendant acted or failed to act with actual malice or with intentional and reckless disregard for the safety of others. Provides that punitive damages shall not be awarded in an amount greater than the compensatory damages awarded for economic loss. Requires any punitive damages to be paid to the Department of Rehabilitation Services. Applicable to cases filed on or after its effective date. Effective immediately.

SB 1959 Cullerton, J.
Amends the Election Code and the Revenue Act of 1939. Provides that in a county with a population of more than 200,000 that is contiguous to a county with a population of more than 2,000,000 a real property classification system for property tax purposes may be established by initiative petition and referendum. Establishes limitations for the assessment levels.

SB 1962 Donahue
Amends the Personnel Record Review Act. Provides that personnel records that are relevant to a pending claim between an employer and employee which may be discovered in a quasi-judicial or administrative proceeding are exceptions to those records that may be inspected by the employee or his representative. Effective immediately.

SB 1981 Karpiel
Amends the Downstate Forest Preserve District Act to require Districts with a population of less than 500,000 to receive permission of the property owners or the concurrence of the governing body of the municipality or township before establishing a trail surface within 175 feet of an occupied dwelling.

SB 2008 Etheredge, Philip, Weaver, S., Davidson, Schaffer, DeAngelis, Schuenman, and Geo-Karis
Makes appropriations for the ordinary and contingent expenses of the Department of Conservation for the fiscal year beginning July 1, 1992.

SJR 0132 Collins
Proposes to amend Section 1 of Article X of the Illinois Constitution concerning the goal of free schools. Requires the State to provide the opportunity for every child from kindergarten to high school to have a proficient education. Provides that the State's responsibility for financing the system of public education shall be no less than 60% of the cost for an adequate education.

Illinois Parks and Recreation

16

May/June 1992