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THE 1993 SESSION
By ROGER HUEBNER, Director of Legislative Programs
The 1993 legislative session was consumed with the state budget and revenues. The revenue issues included the income tax surcharge and the distribution of those proceeds. The final agreement contained in SB 937 provides for local governments to receive 25% of the surcharge revenues in the State's 1994 Fiscal Year. In the State's Fiscal Year 1995 (7/1/94 through 6/30/95), the Local Government Distributive Fund amount of 1/12 is changed to 1/11. On July 1,1995 the final adjustment is made changing the Local Government Distributive Fund from 1/11 to 1/10 on a permanent basis. The following document contains an index and synopsis of legislation adopted by the General Assembly in 1993. The bills are listed in numerical order. The synopsis gives the bill number, subject matter. Governor's action, and a brief explanation of the bill followed by the effective date of the new statute. The Governor has several bills under consideration on which no action was taken at time of publication. This information has been condensed significantly and the full bill should be reviewed to determine its application to your municipality. This report is designed to make you aware of legislation approved by the General Assembly. If you have questions concerning any legislation, call the League office at (217) 525-1220. Thank you once again for making your League successful. INDEX
HOUSE BILLS
HB 113 P.A. 88-374 Amends the Use and Occupation Tax Act. Provides that the Department of Revenue shall not collect the 1% tax on food and drugs from a not-for-profit charitable organization if the county or municipality in which the organization is located so requests. Furthermore, if a county or municipality requests that sales taxes not be collected from a not-for-profit organization with a food distribution program, sales taxes shall not be collected from any such organization in that county or municipality. Effective 1/1/94. December 1993 / Illinois Municipal Review / Page 25
HB 115 P.A. 88-291 Amends the Illinois Vehicle Code. Provides that special permits for overweight vehicles that haul agricultural commodities shall be waived by IDOT upon a declaration by the Governor that an emergency harvest situation exists, Provides that the waiver is only effective from September 1 through December 31. This Legislation also authorizes local authorities to waive special permit requirements during a harvest season emergency. Establishes other guidelines for the waiver. Effective immediately. Effective 8/11/93.
HB 299 P.A. 88-512 Amends the Solid Waste Disposal District Act to authorize certain solid waste disposal districts to participate and comment in the local siting process for solid waste disposal sites within their boundaries. Amends the Environmental Protection Act. Extends the deadline for posting bond for operating a municipal solid waste landfill from April 9,1994 to April 9,1995. Extends certain deadlines for landfills that are needed to accept flood waste. Amends the Illinois Pesticide Act to extend the deadline for issuance of the pesticide handbook from April 1.1993, to July 1,1995. Amends the Illinois Corn Marketing Act to provide that votes cast on referenda under the Act shall be in a manner determined by the Department of Agriculture (now at polling places). Effective 11/16/93.
HB 300 P.A. 88-496 House Bill 300 accomplishes the following: 1) Amends the State Finance Act to create the Landfill Closure and Post-Closure Fund and the Subtitle D Management Fund 2) Amends the Motor Fuel Tax Law to extend the sunset date of the tax from January 1. 1998, to January 1,2013.3) Creates the Petroleum Underground Storage Tank Title to the Environmental Protection Act, and provides for clean-up and the funding of clean-up of underground storage tanks. The legislation also prioritizes remedial action for underground storage tanks, and provides for reimbursement of persons for costs of remedial action from the Underground Storage Tank Fund. 4) Amends the Gasoline Storage Act to change the definition of "owner". 5) Amends the Environmental Protection Act as follows: (a) Creates a fee structure for operating permits issued under the Clean Air Act Permit Program. (b) Requires the Pollution Control Board to adopt rules that are identical in substance to federal regulations under the Resource Conservation and Recovery Act of 1976 relating to a municipal solid waste landfill unit program. (c) Requires operators of municipal landfills to post a performance bond with the Agency to issue proper closure and post-closure care of the site. (d) Specifies landfill post-closure care to be performed, and imposes Subtitle D Management fees on sanitary landfills based on the amount of waste received. (e) Provides that the fees collected shall be used for the municipal solid waste landfill program, and provides for fee exemptions. (f) Requires persons applying for a municipal solid waste landfill permit for a new landfill or a lateral expansion that is not subject to local siting to publish notice of the applications. Effective 9/13/93.
HB 424 P.A. 88-253 Amends the Illinois Local Library Act and the Illinois Public Library District Act. Provides that nonresident library card holders shall only have borrowing privileges at the library where the card was issued. Effective 1/1/94.
HB440 P.A. 88-355 House Bill 440 amends the Illinois Municipal Code to provide (1) A simple majority (now three-fourths) of the corporate authorities of a municipality may decide to authorize the sale of certain personal properly. (2) For the purpose of signing a petition to annex property, a person owning land underlying a highway shall not be considered an owner of record, unless that person also owns land that underlies the highway proposed to be annexed. (3) That if a majority of those casting ballots (currently a majority of electors) are in favor of annexation. the territory sought to be annexed becomes part of the annexing municipality. (4) That the municipality's cost of cutting weeds on private property shall not be a lien on the property, except upon at least 30 days notice to the property's tax payer. (5) A municipality may sell surplus real estate at a public auction (now, surplus property may only be sold by the staff of the municipality, or through a listing with a local real estate broker). House Bill 440 also accomplishes the following: (6) Amends the Uniform Disposition of Unclaimed Property Act to provide that deposits paid to a municipality for the purposes of obtaining a building permit may not be considered abandoned property, even after seven years. (7) Amends the Public Funds Act by authorizing municipalities to invest their public funds in interest bearing bonds of any county, township, other municipality, municipal corporation, or school district. Effective 8/16/93.
HB 462 P.A. 88-384 Amends the Illinois Vehicle Code. Provides that charter or regulated route buses may have a length of up to 45 feet, not including energy absorbing bumpers. Allows trucks up to 65 feet in length and up to 102 inches in width to have access up to five miles from a state designated highway for loading and unloading, and one mile from a designated highway for food, repair, fuel and other services. The maximum weight of trucks remains 73,280 pounds. Effective 1/1/94.
HB 482 P.A. 88-385 Amends the Illinois Vehicle Code. Provides that 2 axle trucks specially equipped with a "front loading compactor" used exclusively for garbage, refuse, or recycling may transmit 20,000 pounds per axle provided that the gross weight of the vehicle does not exceed 40,000 pounds. Effective 1/1/94.
HB 609 P.A. 88-334 Amends the Illinois Municipal Code. Authorizes the corporate authorities of certain non-home rule municipalities with a population of more than 20,000, but less than 25,000, to impose a sales tax in .25% increments of the gross receipts from the sale of tangible personal property. Provides for a referendum to discontinue the tax. Further provides the ordinance imposing or discounting a tax or changing the tax rate shall be adopted and filed with the Department of Revenue on or before October 1, and requires the Department to begin enforcement the following January 1 (rather than on the first day of the third month after the adoption of the ordinance). Effective 8/13/93.
HB 611 P.A. 88-389
Allows municipalities to abate real property taxes for taxpayers who make minimum donations of $10,000 to certain community revitalization projects. The bill also provides that no corporation, individual sole proprietor, or partnership may have more than 3 model homes at the same time within a 3 mile radius, rather than a 10 square mile area allowed by current statute. Provides that if the model home contains home furnishings, appliances, offices, and office equipment to further sales activities, the lot shall be assessed at the value of the lot before construction of the model home. Effective 1/1/94.
HB 644 P.A. 88-219 Amends the Carnival and Amusement Rides Safety Act to provide Page 26 / Illinois Municipal Review / December 1993 that a bungee cord or similar elastic device is an amusement ride subject to the jurisdiction of the Carnival-Amusement Safety Board. Effective 1/1/94.
HB666 P.A. 88-335 Amends the Municipal Code, the Public Utilities Act, and the Electric Supplier Act. Authorizes municipalities and electric cooperatives to enter into agreements defining their respective service areas. Directs the Illinois Commerce Commission to approve, interpret, and enforce agreements. Allows customers of an electric cooperative to elect to receive electric service from either these cooperative or the municipality if their property is annexed by a municipality. Effective 1/1/94.
HB 684 P.A. 88-221 Requires that when a fire department or other agency is required by law to make an official report concerning a natural disaster or accident that is likely to cause real property to diminish in value, a copy of the report shall be provided to the property owner. Effective 1/1/94.
HB728 P. A. 88-390 Creates the Eastern Will Sanitary District Act, by authorizing a sanitary district to be created in Eastern Will County. The Legislation further describes the boundaries to the district and provides for the election of a board of trustees. The board of trustees may not, however, levy property taxes without a referendum, Furthermore, the initial trustees shall divide the sanitary district into 3 wards of approximately equal population for the purpose of electing trustees. The bill contains an immediate effective date. Effective 8/20/93.
HB 779 P.A. 88-295 Amends provisions of the liquor Control Act. Exempts hotels and clubs from the prohibition against selling liquor at retail or any premises that has access to public dwelling or lodging facilities in the same building. This exemption also applies to wineries that have bed and breakfast facilities. Effective 1/1/94.
HB 797 P.A. 88-359 Amends the Prevailing Wage Act. Provides that no person shall discharge, discipline, or discriminate against an employee (or authorized representative of employees) if the employee files an action under the Act, testifies in a proceeding under the Act, or gives evidence of a violation of this Act. Provides that an employee or representative may request a review by the Director of Labor of an alleged violation. Provides that the Director may order an investigation, make findings and grant appropriate relief, subject to administrative review. Effective 1/1/94.
HB 800 P.A. 88-121 Creates the Veterans Advisory Council Act, and provides for the creation of a veteran's advisory council in each municipality with a population over 50,000. The purpose of the council is to advise the mayor of a municipality on issues pertaining to veterans. This legislation is permissive in scope, and is not a mandate on local governments. Effective 1/1/94.
HB 909 P.A. 88-181 Amends the Illinois Municipal Code, the Township Law of 1874, and the Fire Protection District Act. Provides that the corporate authorities of any municipality that has a population between 10,000 and 30,000 (now 20,000) and lies between 2 counties with respective populations between 275,000 and 400,000 (now 285,000) and between 655,000 and 850,000 (now 675,000), or has a population between 9,000 and 25,000 (now 11,000) and lies within a county with a population between 275,000 and 400,000 (now 285,000) may levy a tax to provide ambulance services. Provides that any township with a population between 10,000 and 35,000 (now 30,000) that lies within a county with a population between 275,000 and 400,000 (now 285,000) may provide ambulance services under an intergovernmental contract with another unit of local government. Provides that the board of trustees of a fire protection district that lies within a county with a population between 275,000 and 400,000 (now 285,000) or lies between 2 counties with respective populations between 275,000 and 400,000 (now 285,000) and between 655,000 and 800,000 (now 675,000) may levy a tax to provide ambulance services. Effective 1/1/94.
HB 930 P.A. 88-115 Amends the Local Mass Transit District Act to give every district the power to acquire, construct, and maintain any light rail, public airport, or bridge or toll bridge across waters with any city or state. Provides that any county board of a county in the Metro East Mass Transit District may pass an ordinance authorizing a referendum to increase the District's occupation and use taxes rates from 0.25% to 0.75%. Provides for the Department of Revenue to begin collecting the increased tax on January 1 following the approval of the referendum by the voters. Effective 1/1/94.
HB1038 P.A. 88-116
House Bill 1038 contains three provisions; First, the bill provides for a property tax cap referendum in Cook County at the next general election. Secondly, the hill permanently extends the City of Chicago photoprocessing tax, which would have expired at the end of Fiscal Year 1993. Thirdly, the legislation makes permanent the statewide telecommunications tax, which would have expired at the end of FY 93. The telecommunications tax grants expanded authority to tax out-of-state messages. All provisions of this legislation become effective immediately. Effective 7/23/93.
HB 1073 P.A, 88-79 Amends the Illinois Highway Code. Provides that in all counties, except for Cook, whenever a local authority is about to approve a subdivision of land adjacent to a county or state highway, the local authority shall request the proper highway authority to determine future needs for stormwater detention capacity. This legislation further provides that if a county or State highway in a county (other than Cook), adjoins a parcel of land proposed to be subdivided, the subdivider shall notify the proper highway authority in writing and provide the proper local authority that would approve the proposed subdivision a copy of the notice. The notice shall request the local highway authority to provide, at the local highway authority's cost or as otherwise provided by law, its future need of any additional stormwater detention capacity. The highway authority shall, within 30 days of receipt of the notice, provide the local authority with written information regarding the request. The parties may then work out an agreement regarding stormwater detention needs. The proper highway authority may provide to the subdivider, from funds available for highway construction, the highway authority's proportionate share of expenses for cost of the design and property costs. If the parties are unable to agree within 60 days, the parcel may be subdivided as approved by the local authority without inclusion of the stormwater detention needs. Effective 1/1/94.
HB 1075 P.A. 88-233 Amends the Illinois Highway Code. Establishes circumstances December 1993 / Illinois Municipal Review / Page 27 where the 10 day notice requirement prior to the removal of material obstructing or injuring a highway is not required to be given by the Department of Transportation. Effective 1/1/94.
HB 1122 P.A. 88-234 Amends the Revenue Act of 1939 to prohibit taxing districts from delaying or deferring zoning changes, site exceptions from zoning, or other administrative measures in order to coerce the owner of tax exempt property to enter into an agreement to make voluntary payments in lieu of property taxes. Provides that a zoning change granted to an owner of exempt property shall be reversed if the property is transferred to a taxable entity or used for a taxable purpose within 10 years after the zoning change. Effective 1/1/94.
HB 1163 P.A. 88-488 Provisions of this bill allow the Illinois Environmental Protection Agency, with consent of the Community Water Supply Testing Council, to collect fees necessary to conduct required testing on drinking water supplies. This bill changes the make-up of the Community Water Supply Testing Council by increasing the number of members from seven to fourteen. House Bill 1163 also allows the Council to conduct an audit of its funds. Effective 9/10/93.
HB 1261 P.A. 88-403 Creates a new class of truck that transports concrete or asphalt and short wheelbase dump trucks, to be identified by a special license plate.This will allow drivers of special hauling vehicle concrete or asphalt trucks, if stopped for being overweight while their load is in the plastic state and is found to exceed axle weight and gross weight limits by less than 4.000 pounds, to elect to accept the ticket(s) for alleged violations and continue without shifting or unloading under certain axle configurations. Short wheelbase dump trucks that are licensed as special hauling vehicles will continue to be allowed to carry 73,280 pounds. Effective 1/1/94.
HB 1331 P.A. 88-466 Provides that a person convicted of contributing to the unauthorized use of a television decoding or interception device shall be guilty of a Class 4 felony. Provides that an advertisement is in violation of the statute if it indicates, rather than states, that the device may be used to decode without payment to the company providing the service. Effective 8/27/93.
HB 1347 P.A. 88-406 Provides that juvenile court proceedings for violations of the offense of criminal defacement of property may be continued if the court imposes certain community service conditions on the minor. Also requires minors to serve community service if found delinquent for a violation of criminal defacement of property. Establishes the crime of criminal defacement of property. Provides the United States or any of its instrumentalities may enforce the liability imposed under the Parental Responsibility Law. Adds an immediate effective date. Effective 8/20/93.
HB 1359 P.A. 88-128 Amends the Illinois Vehicle Code. Authorizes the Secretary of State, in consultation with the Director of the Department of State Police and the Motor Vehicle Theft Prevention Council, to establish a Motor Vehicle Theft Prevention Program. Specifically, the vehicle owner may sign an informed consent agreement stating that his or her motor vehicle is not normally operated between 1:00 a.m. and 5:00 a.m. The owner shall then be issued a decal which authorizes law enforcement officers to stop vehicles during the hours of 1:00 a.m. and 5:00 a.m. to ascertain that the driver is the vehicle owner. Authorizes the Secretary of State to charge a fee for the informed consent forms and the decals. Effective 1/1/94.
HB 1360 P.A. 88-296 Amends the Illinois Vehicle Code. Establishes criteria to be used by the Illinois Commerce Commission in determining whether or not a grade crossing shall be opened or abolished. Effective 1/1/94.
HB 1451 P.A. 88-523 Amends the Illinois Vehicle Code. Removes the requirement that results of blood alcohol tests be in writing. Restores a reference to written results of blood alcohol tests. Effective 7/1/94.
HB1540 P.A. 88-95 Amends the Child Care Act of 1969 to prohibit smoking in certain day care facilities in areas where children are allowed. Effective 7/20/93.
HB 1570 P.A. 88-280 Amends the Governmental Account Audit Act, the Counties Code, and the Municipal Code. Creates the Comptroller's Audit Expense Revolving Fund, outside the State treasury, to reimburse the Comptroller for the cost of performing audits of accounts of local governmental units when those units fail to file required audit reports. Effective 1/1/94.
HB 1576 P.A. 88-418 Amends the Sale of Tobacco to Minors Act and the Smokeless Tobacco Limitation Act to provide that for a first offense a person shall be fined $200, $400 for a second offense in a 12-month period, and $600 for any subsequent offense in a 12-month period. Further, one-half of the fines collected shall be distributed to the unit of local government that successfully prosecutes an offender, and one-half of the fine shall be remitted to the State. Effective immediately. Effective 8/20/93.
HB1611 P.A. 88-59 Amends the Emergency Medical Services (EMS) Systems Act. Provides that all Emergency Medical Technician licenses granted or renewed after December 31, 1993 shall be issued for a period of 4 years. Effective 7/7/93.
HB 1818 P.A, 88-286 Amends the Illinois Highway Code. Provides that signs on State highway right of ways located over sidewalks inside a municipality shall not be removed by IDOT, unless the signs interfere with vehicular or pedestrian traffic. Effective 1/1/94.
HB 1896 P.A. 88-163 Amends the Household Hazardous Waste Collection Program Act to change the definition of "household hazardous waste" to include petroleum distillate-based solvents, oil based, liquid paint, paint strippers, and pesticides. Adds an immediate effective date. Effective 7/28/93.
HB 1922 P.A. 88-426 Amends the Park District Code. Adds certain types of contracts that are exempt from bidding requirements, including contracts concerning data processing equipment, software, and services and contracts for goods or services procured from another governmental Page 28 / Illinois Municipal Review / December 1993 agency. Adds requirements concerning bid openings. Defines "due advertisement" for bids. Provides that conformity with specifications, terms of delivery, quality, and serviceability shall be considered in letting contracts to the lowest responsible bidder. Provides that a park board may, by a three-fifths majority vote, authorize the conveyance or sale of personal property no longer necessary for park district purposes. Specifies that dissolution of a park district situated wholly within the corporate limits of a municipality shall be as provided in a Section of the Code concerning dissolution of park districts generally. Adds immediate effective date. Effective 8/20/93.
HB 2036 P.A. 88-431 Amends the Minimum Wage Law. Authorizes the Director of Labor to adopt rules for the collection of certain penalties that may be assessed under the Law. Provides for determination, assessment and recovery of penalties. Provides that a penalty shall be imposed in cases in which an employer's conduct is proven by a preponderance of the evidence to be willful. Effective 1/1/94.
HB 2057 P.A. 88-318 Creates the Indoor Air Quality Act. Directs the Illinois Board of Health to develop statewide guidelines for ventilation, source control, occupancy control, and air cleaning procedures. Directs the Board to ensure the development of criteria and recommendations for indoor air quality, a program for the certification of indoor air quality inspectors, and other matters. Effective 1/1/94.
HB 2061 P.A. 88-319 Amends the Housing Authorities Act. Provides that, in the case of a county with a population of at least 80,000 but less than 90,000, according to the 1990 census, the Housing Authority in any municipality in the county may have 7 (rather than 5) commissioners. Effective 1/1/94.
HB 2123 P.A. 88-78 Provides that the Road Fund moneys cap shall be limited to the amount of fiscal year 1991 appropriations, plus $9,800,000, rather than $9,100,000. Provides that Road Fund moneys shall not exceed fiscal year 1994 Road Fund appropriations, rather than 1991 appropriations. Amends the State Finance Act to create the Live and Learn Fund in the State Treasury. Provides for transfers from the General Revenue Fund into the new Fund. Establishes purposes for the Fund moneys. Amends the Illinois Vehicle Code. Authorizes the Secretary of State to promote organ and tissue donation. Increases fees for vehicle registration transfers and duplicate and corrected titles. Amends the Illinois Library System Act. Changes the distribution and eligibility for annual library system grants. Adds a severability provision. Effective immediately except increased vehicle registration and corrected title fees provisions take effect 60 days after the Act takes effect. Effective 7/9/93 (Except Section 15).
HB 2132 P.A. 88-304
Defines municipal corporations that may participate in Public Building Commissions as excluding school and community college districts in counties other than Cook. Effective 1/1/94.
HB 2158 P.A. 88-433 Amends the Criminal Code of 1961 to make certain offenses committed against a paramedic applicable if committed against an emergency medical technician-ambulance, emergency medical technician-intermediate and emergency medical technician-paramedic. Provides for a mandatory sentence of life imprisonment for murdering an emergency medical technician, ambulance driver or other medical assistance or first aid person employed by a governmental unit in performance of his or her duties, in retaliation for performance of his or her duties, or preventing the performance of his or her official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician or other medical assistance or first aid person. Amends the Illinois Vehicle Code to provide that a person who commits a second driving under the influence offense and has been previously convicted of aggravated driving under the influence for being involved in an accident while under the influence that resulted in great bodily harm or permanent disability or disfigurement shall be guilty of aggravated driving under the influence which is a Class 4 felony. Effective 1/1/94. SENATE BILLS
SB 25 P.A. 88-437 Requires that a notice of impending drivers license suspension state that the person may obtain, by mail, a photostatic copy of an original ticket imposing a fine or penalty. Effective 1/1/94.
SB 34 P.A. 88-173 Creates the Local Government Energy Conservation Act. Establishes procedures to be followed by counties, townships, and municipalities in entering into guaranteed energy savings contracts. Specifies conditions to undertake and implement energy and conservation measures, and establishes procedures for requesting and evaluating energy conservation proposals. Provides for financing and paying for energy conservation measure costs, and requires that amounts spent on energy conservation measures not exceed the amount to be saved in energy and operational costs within the 10 year period after installation. Effective 7/28/93.
SB 36 P.A. 88-37 Authorizes the corporate authorities of a municipality to establish a code hearing department to hear building code violations. Effective 1/1/94.
SB 60 P.A. 88-440 With respect to appointments by a municipal board of fire and police commissioners, provides for a maximum of 5 preference points for paid-on-call firefighters or paramedics of the municipality, and for firefighters or firefighter-paramedics employed by a fire protection district or another municipality. Effective 8/20/93.
SB 63 P.A. 88-132 Amends the Illinois Municipal Code and the Public Utilities Act. Provides that municipalities may exempt other units of local government and school districts from utility taxes imposed by the municipality. Effective 1/1/94.
SB 85 P.A. 88-345 Amends the Illinois Pesticide Act to prohibit the regulation of pesticides by any political subdivision of the State except for the City of Chicago and Cook County. Preempts home rule powers. Effective immediately. Effective 8/13/93.
SB 100 P.A. 88-507 Amends the State Finance Act, the Retailers' Occupation Tax Act, and the Illinois Municipal Code to authorize municipalities with a population over 1,000,000 to impose a soft drink retailer occupation tax. Creates the Home Rule Municipal Soft Drink Retailers' Occupa- December 1993 / Illinois Municipal Review / Page 29 tion Tax Fund and preempts home rule powers to tax gross retail receipts. Effective 10/26/93.
SB 142 P.A. 88-444 Amends the Freedom of Information Act to provide that traffic accident witness identification information, traffic accident reports, and rescue reports may be provided without constituting an unwarranted per se invasion of personal privacy that would otherwise exempt that information from copying and inspection requirements. Provides that the witness and accident information may not be provided without invading personal privacy in cases for which criminal investigations are ongoing. Effective 1/1/94.
SB 157 P.A. 88-14 Requires the Secretary of State to study the feasibility of adopting a uniform traffic ordinance numbering system to be made applicable to all municipalities and units of local government. Requires the Secretary to report to the General Assembly and the Governor before February 1, 1994. Effective 6/30/93.
SB 240 SENT TO GOVERNOR Senate Bill 240 prohibits the burning of landscape waste (grass, leaves, branches, etc.) in counties with a population in excess of 100,000 with the exception of agriculture, habitat management, nurseries, or municipalities of less than 1,000 in those counties (if permitted by local ordinance in those smaller municipalities). This landscape burning ban preempts home rule authority and is applicable in all counties with a population in excess of 100,000. Those counties are: Champaign, Cook, DuPage, Kane, Lake, LaSalle, Macon, Madison, McHenry, McLean, Peoria, Rock Island, Sangamon, St. Clair, Tazewell, Will, and Winnebago.
SB 254 P.A. 88-516 Creates the Abandoned Mobile Home Act. Grants municipalities or their agents the authority to remove and dispose of abandoned mobile homes. Amends the Mobile Home Local Services Tax Act by exempting any person or municipality transporting a mobile home under the Abandoned Mobile Home Act from obtaining a permit certifying that the mobile home tax has been paid for the current year. Exempts abandoned mobile homes from registration under the Vehicle Code. Exempts any person or municipality transporting a mobile home under the Abandoned Mobile Home Act from obtaining a special permit. Provides that proceeds of a public sale or disposition of a mobile home under the Act after deducting all towing, storage, processing charges, and payment in priority order to lienholders goes into the municipality's treasury. Effective 7/1/94.
SB 371 P.A. 88-347 Authorizes the Northeastern Illinois Planning Commission to review applications to change the boundaries of a waste water facility planning area as an amendment to the State water quality management plan and to charge a fee for that review. Effective 1/1/94.
SB 439 P.A. 88-450 Amends the Downstate Public Transportation Act. Provides that participant for purposes of the Act means a local mass transit district serving a nonurbanized area and receiving federal rural public transportation assistance on the effective date of the amendatory Act. Effective 8/20/93.
SB 473 P.A. 88-451
Creates the Longtime Owner-Occupant Property Tax Relief Act. Authorizes counties of 100,000 or more population to adopt special real property tax relief provisions granting longtime owner-occupants a deferral and/or exemption in the payment of that portion of an increase in real property taxes which is due to an increase in the market value of the property as a consequence of renovation or construction of other residence in the area. Allows school districts and municipalities within the county to determine their participation in the program and whether financial need, age, or both, of the longtime owner-occupant shall be used to determine eligibility. The bill also provides that in Cook County the county collector shall enter the amount of delinquent taxes, costs, and fees upon the collector's books as separate items and shall collect them in the same manner as taxes. Requires the county collector to examine the books for years 1993 and before and to enter any outstanding delinquent taxes, costs, and fees to the collector's books. Provides that delinquent taxes not added to the collector's book after 1999 shall be deemed void and uncollectible. Effective immediately. Effective 8/20/93.
SB 482 P.A. 88-139 Amends the Illinois Natural Areas Preservation Act to require agencies of State or local government to consult with the Department of Conservation when taking any action that may affect dedicated State nature preserves, natural areas listed in the Illinois Natural Areas Inventory, or registered natural areas. Requires mitigation or elimination of any adverse impact. Provides for the enforcement of these provisions. Effective 1/1/94.
SB 503 P.A. 88-453 Amends the Public Infrastructure Loan and Grant Program Article of the Build Illinois Act. Authorizes the Department of Commerce and Community Affairs to make loans and grants to local entities, including medical facilities and public health clinics, to assist in the financing of public infrastructure for health, safety and economic development. Effective immediately. Effective 8/20/93.
SB 522 P.A. 88-505 Senate Bill 522 accomplishes the following; 1) Amends the Illinois Income Tax Act to create tax credits for manufacturers for youth vocational training programs and for dependent care programs. 2) Amends the State occupation and use tax Acts. Provides that for purchases of machinery and equipment made on and after July 1, 1994, a purchaser of manufacturing machinery and equipment that qualifies for an exemption from taxation under the Acts, may apply within 30 days of the date of that purchase to the Department of Revenue for a credit memorandum which may be used within one year to satisfy the use and service use tax liability due on the purchase of machinery and equipment that does not quality for the manufacturing machinery and equipment exemption. 3) Amends the Civil Administrative Code of Illinois to create a committee within the Department of Revenue to study the effects of these tax credits. Effective 9/17/93.
SB 538 P.A. 88-264 Authorizes a municipality to abolish civil service provisions in the same manner prescribed for their adoption. Requires the mayor to issue a proclamation if the provisions are abolished. Effective immediately. Effective 8/9/93.
SB 550 P.A. 88-519 Permits units of local government experiencing a financial emergency or a condition of fiscal crisis to request a diagnostic evaluation of its financial condition from the Illinois Development Finance Authority. Amends the Illinois Environmental Facilities Financing Page 30 / Illinois Municipal Review / December 1993 Act. Repeals provision concerning fees charged upon application for financial assistance. Amends the Employee Ownership Assistance Act and makes it applicable to commercial and service businesses. Makes the entire loan amount payable when the eligible project is moved from Illinois. Effective 11/16/93.
SB 551 P.A. 88-141 Changes the definition of "qualified property" for purposes of the investment tax credit to exclude non-structural improvements such as landscaping, sewer lines, access drives, and parking lots and provides that the property must be used in Illinois by a taxpayer who is primarily engaged in manufacturing, or in coal mining or fluorite, or in retailing (now, is used in Illinois by the taxpayer in manufacturing operations or in mining coal or fluorite, or in retailing). Changes a definition of "manufacturing operations" to "manufacturing". Replaces the changes to the definition of "qualified property" for purposes of the investment tax credit to exclude land or improvements to real property that are not a structural component of a building such as landscaping, sewer lines, local access roads, fencing, parking lots, and other appurtenances. Effective 1/1/94.
SB 558 P.A. 88-455 This bill creates the Property Tax Code, which is an attempt to reorganize and consolidate all the various Acts regarding property taxes. This proposal is the culmination of work from the Department of Revenue Director's Advisory Committee for Recodification of the Property Tax Act. Effective 1/1/94.
SB 568 P.A. 88-245 Provides that applications for financial support under the Metropolitan Civic Center Supports Act submitted by August 1,1990, that are not fully funded shall remain on file and constitute continuing applications for 2 additional program years, ending June 30, 1995. Effective immediately. Effective 8/6/93.
SB 591 SENT TO GOVERNOR Amends the Illinois Municipal Code. Provides that a home rule municipality that has not imposed a tax on cigarettes or other tobacco products before July 1, 1993, shall not impose such a tax after that date. Effective immediately.
SB 616 P.A. 88-458 Amends the Illinois Low-Level Radioactive Waste Management Act to change from 30 to 120 days the amount of time after publication in which a person may file an objection. Adds 2 additional members to the Low-Level Radioactive Waste Task Group. Requires the Task Group to develop supplemental criteria for siting a low level radioactive waste site relating to land use, economics, transportation, and meteorology. Requires public hearings to be held on the proposed supplemental critera. Provides that the adopted site criteria shall include provisions disqualifying any proposed site that is above an active or inactive shaft or tunneled mine or within 2 miles of an active geological fault. Provides that siting criteria for a low level radioactive waste disposal site shall include seismologic and tectonic conditions and supplemental criteria may relate to location of existing mines and may exclude State parks and conservation areas. Effective 8/20/93.
SB 682 P.A. 88-108 Provides that the Illinois Supreme Court may, by rule, require arbitration of civil matters with claims less than $50,000 if a judge of the circuit court, at a pretrial conference, determines that no greater amount than that authorized for the Circuit appears to be genuinely in controversy, or any amount as authorized by the Supreme Court for a particular Circuit. Increases the arbitration fee Circuit Court may collect in Cook County from $5 to $10 and allows an $8 arbitration fee to be collected by the Circuit Court in other counties. Effective 7/20/93.
SB 714 P.A. 88-461
Requires the State Police to furnish certain information to investigators of the Illinois Local Governmental Law Enforcement Officers Training Board (Board). Also authorizes the Board to appoint investigators to enforce its' duties and training courses shall be held twice each year within each of the Mobile Team Regions, rather than Illinois State Police Districts. Effective immediately. Effective 8/20/93.
SB 739 P.A. 88-110 This bill is in response to the Illinois Supreme Court's decision in Lockett v. Chicago Police Board. It provides that a complaint filed within the 35 day period from the date the copy of the administrative decision sought to be reviewed was served upon the party affected, may be amended to add a police chief or a fire chief in cases brought under the Illinois Municipal Code provisions providing for discipline of fire fighters and police officers. Applies to pending cases and all cases involving discipline of fire fighters and police officers filed on or after the effective date. Immediate effective date. Effective 7/20/93.
SB 825 P.A. 88-147 Requires vehicle headlights to be used at times when rain, snow, fog, or other atmospheric conditions require the use of windshield wipers. Effective 1/1/94.
SB 865 P.A. 88-186 Renames the "Illinois Clean and Beautiful Program" as the "Keep Illinois Beautiful Program". Reduces the advisory board membership from 13 to 7, specifies the methods by which the board shall assist local governments and community organizations in reducing litter and solid waste, and creates a special fund in the State treasury for the awarding of grants. Effective 8/4/93. December 1993 / Illinois Municipal Review / Page 31
SB 900 P.A. 88-187 Changes the Illinois Governmental Ethics Act to make the requirements for filing a written economic interest statement based on the type of position held in a unit of local government, instead of the amount of compensation. Amends the Lobbyist Registration Act to expand the definition of lobbyist and changes registration and reporting requirements. Authorizes units of local government to regulate lobbying activities. Effective 1/1/94.
SB 902 P.A. 88-351 Creates the offenses of vehicular hijacking as a Class 1 felony and aggravated vehicular hijacking as a Class X felony. Provides that aggravated vehicular hijacking committed while carrying or being armed with a dangerous weapon is a Class X felony with a minimum term of imprisonment of 7 years. Persons convicted of vehicular hijacking are ineligible for probation, conditional discharge, or periodic imprisonment. Effective immediately. Effective 8/13/93.
SB 904 P.A. 88-209 Allows the Secretary of State to suspend a person's driving privileges who was under 21 at the time of an illegal transportation of alcohol offense. Also authorizes the Secretary of State to revoke the driving privileges of a person who violates illegal transportation provisions who has previously been convicted of violating those provisions. Restricts the issuance of a restricted driving permit during the period of revocation. Effective 1/1/94.
SB 907 P.A. 88-211 Amends the Illinois Vehicle Code. Changes provision governing the implied consent for a chemical test when a driver has been involved in a personal injury or fatal motor vehicle accident. Provides as a condition of implied consent, the person must have been issued a Uniform Traffic Ticket for a violation of the Vehicle Code. Includes drugs as a substance to be tested for under the provisions. Authorizes the Secretary of State to suspend a person's driving privileges for refusal to take a test. Provides that the personal injury shall be a type A injury as indicated on the traffic accident report. Defines Type A injury. Effective 1/1/94.
SB 937 P.A. 88-89 Provides for five items which pertain to the income tax surcharge: (1) July 1, 1993 to June 30, 1994, the formula is changed from 4.4 percent to 1.475 percent of the revenues which are transferred into the Income Tax Surcharge Local Government Distributive Fund. This means local governments receive 25 percent of the surcharge for the State 1994 Fiscal Year. (2) The bill then eliminates the $40 million repayment of money required by the State to fulfill its FY 93 commitment of distributing 75 percent of the surcharge to local governments. (3) July 1,1994 through June 30,1995 the Local Government Distributive Fund amount of 1/12 is changed to 1/11. (4) July 1,1995, and thereafter, the Local Government Distributive Fund is increased from 1/11 to 1/10. (5) The bill permanently imposes the 3 percent individual and 4.8 percent corporate income tax rates. The legislation also contains numerous Chicago school provisions which include an early retirement incentive for Chicago school teachers. Effective 7/14/93.
SB 990 SENT TO GOVERNOR The First Conference Committee Report to Senate Bill 990 restores to Article 3.1 of the Illinois Municipal Code the mayor's authority to make temporary appointments. This language was inadvertently omitted from Article 3.1 which passed in the Spring of 1992 and became effective May 13, 1993. Several other provisions were included in Senate Bill 990. The bill requires the state fire marshal to adopt standards for the operation of private fire fighting units. It allows civic center authorities to spend state civic center funds for capital repairs and maintenance of its facilities. Provided in the bill are provisions that a board of a fire protection district may adopt an ordinance providing for the election of officers for foreign fire insurance tax proceeds identical to those allowed in the Municipal Code. Senate Bill 990 also amended the T.I.F. Act so that the joint review board which reviews a redevelopment project area plan must include a representative from a fire protection district. The hill allows a river conservancy district to enter into lease agreements with private entities for the development of resorts, motels, or other tourism developments in certain high unemployment counties. The Sanitary Food Preparation Act is amended to allow county sanitary inspectors in counties under 1,000,000 in population to inspect any facility within the corporate boundaries of a municipality, unless that municipality has created a municipal board of health. The final provision of Senate Bill 990 conveys several parcels of land between units of government.
SR 143 ADOPTED Calls for the Illinois Local Governmental Law Enforcement Officers Training Board to study and evaluate all available police pursuit procedures for the use in training all police and correctional officers in the State of Illinois.
SR 318 ADOPTED Urges all parties concerned with trench excavation and increased worker safety to cooperate and work together to achieve a solution. Page 32 / Illinois Municipal Review / December 1993 |
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