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Legal/Legislative Scene
To date, the most recent action taken by the Illinois General Assembly to advance the IAPD/IPRA Legislative Platform was taken by the Senate on Monday, May 17, 1993. The Senate, acting on a bipartisan 54-3 vote, passed HOUSE BILL 1922. HOUSE BILL 1922 was amended in Committee to include the content of platform items which were included in HOUSE BILL 1924 and HOUSE BILL 2033 HOUSE BILL 1922 now provides for the following:
Listed is action taken on legislation previously reported in this column as well as action taken on other issues of importance to Illinois Park and Forest Preserve Districts. HOUSE HB 48 Daniels Amends the Property Tax Extension Limitation Act to make the Act applicable, beginning with the 1993 levy year, to all taxing districts in Illinois. LAST ACTION: April 2, 1993 - Referred to House Rules Committee. HB 52 Daniels Provides for enhanced penalties for aggravated battery offenses when committed on school or park grounds or on a public way within 1,000 feet of a school or public park when the offenses relate to the activities of an organized gang. LAST ACTION: May 8, 1993 - Referred to Senate Rules Committee. HB 112 Salvi Provides that if a taxing district submits to the electors of the district the question whether the tax rate should be increased, and if the majority of the electors voting on that question vote in the negative, the taxing district shall not cause the question to be resubmitted to the electors of the district at a referendum held sooner than 13 months following the most recent referendum at which the question of increasing the rate of that tax was defeated.
LAST ACTION: April 2, 1993 - Referred to Rules Committee. HB 271 Persico/Hassert 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 within a municipality and within another park district coterminous with that municipality as well as (ii) territory lying outside that municipality and coterminous park district. LAST ACTION: April 28, 1993 - Interim Study. HB 303 Schoenberg Creates the Taxpayer Accountability Board Act. LAST ACTION: March 19,1993 - Interim Study. HB 345 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 having a population between 700,000 and 3,000,000, district commissioners shall be elected from county board districts. (Now, county board members perform the duties of forest preserve district commissioners.) LAST ACTION: April 30, 1993 - Referred to House Rules Committee. HB 416 Capparelli Creates the Tax Freedom Act. Provides that no taxing district, including home rule units, may adopt a property tax levy in excess of their levy in 1987, excluding a levy for bonded indebtedness incurred prior to the effective date of the Act. Also restricts user fees and taxes other than property taxes to the 1988 level. These limitations may be exceeded by referendum approval of 60% of the voters in a taxing district. LAST ACTION: April 2, 1993 - Referred to House Rules Committee. HB 560 Cowlishaw Creates the Container Fee and Deposit Act. LAST ACTION: March 25,1993 - Interim Study. HB 827 von Bergen Wessels Amends the Open Meetings Act. Requires public bodies to tape record open meetings and open portions of meetings. LAST ACTION: March 31,1993 - Interim Study. HB 994 Creates the Illinois Intermodal Surface Transportation Efficiency Act. LAST ACTION: April 2, 1993 - Interim Study. HB 1057 Schoenberg Amends the Property Tax Extension Limitation Act to allow initiative petitions to conduct a referendum to make the Act applicable to a taxing district to which the Act does not otherwise apply. LAST ACTION: March 24,1993 - Interim Study. HB 1118 Hartke Creates the Infrastructure Expansion Act. Grants units of local government the restricted authority to impose impact fees on new development. LAST ACTION: April 27, 1993 - Held in Senate Rules Committee. HB 1269 Novak Creates the Recreational Trails of Illinois Act and establishes the Recreational Trails Trust Fund. Provides for the Department of Conservation to administer the fund. LAST ACTION: March 23,1993 - Interim Study. HB 1296 Giglio Amends the Downstate Forest Preserve District Act and the Cook County Forest Preserve District Act. Provides that a forest preserve district may lease or sell real property to a municipality, so long as that property is used for the enhancement of the municipality. LAST ACTION: April 2, 1993 - Referred to House Rules Committee. HB 1332 Currie Amends the Open Meetings Act. Restates the Act's policy, redefines terms, and lists exceptions to the requirement of open meetings. Requires posting of an agenda at least 48 hours before a public body's regularmeeting. Requires a public body to certify its review of minutes of closed meetings. Extends the period for initiating civil action for noncompliance from 45 to 90 days before or after a closed meeting. Specifies penalties to be imposed against participants in unlawfully closed meetings. LAST ACTION: May 8,1993 - Held in Senate Rules Committee. HB 1715 McGuire Creates the Workplace Safety Committee Act. Provides that each public and private employer of at least 11 employees shall establish a safety committee at each of the employer's primary places of employment. LAST ACTION: April 28, 1993 - Held in Senate Rules Committee. HB 1728 Currie Amends the Open Meetings Act. Provides that, through 1995, public bodies shall make verbatim records of closed meetings. LAST ACTION: May 8,1993 - Held in Senate Rules Committee. HB 1730 Currie Amends the Freedom of Information Act. Decreases the time in which a public body must respond to an information request. Provides that unreasonable restrictions shall be deemed denial of information requests. Prohibits charging for mere inspection of public records. Eliminates appeal of a denial of access to the public body's head. On judicial review of a denial, prohibits a public body from denying access on any basis not originally invoked as the basis for denial. LAST ACTION: May 8,1993 - Held in Senate Rules Committee. HB 1922 Steczo 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 agency. Adds requirements concerning bid openings. LAST ACTION: May 17, 1993 - Passed on a 54 to 3 vote.
HB 1923 Steczo Amends the Park District Code. Authorizes a park district to establish fees for the use of its recreational programs. Provides that charging fees or deriving revenues does not affect a district's right to assert any available defense or immunity. LAST ACTION: April 30, 1993 - Referred to House Rules Committee. HB 1924 Steczo Amends the Park District Code. Provides that the people of a park district and of a municipality may vote by petition, proceedings, and referendum to dissolve a park district as provided in Section 13-1 (now, as provided in this Act for the organization of park districts). LAST ACTION: April 30,1993 - Referred to House Rules Committee. HB 1955 Saltsman Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Pension Code to allow members and retirees to receive up to 24 months of credit for military service. LAST ACTION: April 2, 1993 - Referred to House Rules Committee. HB 2011 Balthis Amends the State Mandates Act, the Illinois Municipal Code, the Park District Code, and the School Code. Provides that the State Mandates Board of Review shall review all current mandates, recommend which mandates should be eliminated, and propose a graduated system for increasing funding for necessary mandates over a 3-year period. Authorizes municipalities, park districts, and school districts to discontinue or modify action or programs mandated on or after January 1, 1994, if full, specifically identifiable State Funding is not provided therefor, subject to certain exceptions. Effective July 1, 1993. LAST ACTION: April 1, 1993 - Interim Study. HB 2033 Steczo Amends the Park District Code. Provides that when three-fourths of a park district board determines that personal property owned by the park district is no longer useful, three-fourths of the board may authorize the sale of the property. LAST ACTION: April 30, 1993 - Referred to House Rules Committee. HB 2080 Dart Amends the Truth in Taxation Act to require notice and hearing for all proposed tax levy ordinances. Requires 30 days notice. (Now 20 days.) Establishes a schedule for levy hearings. Provides that a levy ordinance adopted without a public hearing is invalid. Effective immediately. LAST ACTION: May 12, 1993 - Referred to House Rules Committee. HB 2093 Biggins 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. LAST ACTION: March 31, 1993 - Interim Study. HB 2098 Steczo Amends the Municipal Retirement Fund (IMRF) Article of the Pension Code to remove the provision limiting the purchase of retroactive service to 50 months. LAST ACTION: April 2,1993 - Held in Rules Committee. HB 2133 Levin Amends the Rivers, Lakes and Streams Act to authorize the Department of Transportation to control sand and consequently new development on Lake Michigan. LAST ACTION: April 30, 1993 - Held in House Rules Committee. HB 2151 Frias Creates the Elected Official Drug Testing Act that establishes the circumstances under which elected officials are subjected to random drug testing, the consequences of the tests and the reliability of the tests. LAST ACTION: April 2, 1993 - Referred to House Rules Committee. HB 2173 Wennlund Amends the Downstate Forest Preserve District Act. Requires that a district ordinance imposing a fine or penalty or making an appropriation to be published in book or pamphlet form or (rather than in addition to) published in a newspaper. Effective immediately. LAST ACTION: May 6, 1993 - Senate Order of Third Reading. HB 2195 Hartke Amends the Intergovermental Cooperation Act. Provides that, in the 1994 general election, the question of whether each special district in the State (excluding library districts and park districts) whose boundaries are exactly coterminous with, or entirely within, the boundaries of a township under 500,000 shall merge with the township shall be submitted to the electors of each such township. LAST ACTION: May 8, 1993 - Held in Senate Rules Committee. HB 2320 von Bergen Wessels Amends the Downstate Forest Preserve District Act. Authorizes the election, rather than appointment, of forest preserve district trustees if approved at a referendum. Also authorizes reversion back to an appointed board if approved at a referendum. LAST ACTION: March 30, 1993 - Interim Study. SENATE SB 1 Philip Amends the Property Tax Extension Limitation Act to make the Act applicable to non home rule Cook County taxing districts in Illinois. Senate Amendment No. 2 Provides that aggregate extension for purposes of the Act also includes the greater of (a) the amount of the extension made for a park district or forest preserve district in the year 1992 to pay certain bond obligations, or (b) the amount of the most recent extension made for a park district or forest preserve district to pay certain bond obligations, adjusted by the actual extension limitation rates. LAST ACTION: May 11, 1993 - Held in House Rules Committee. SB 63 Topinka 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. LAST ACTION: May 13, 1993 - Passed both Houses.
SB 91 Burzynski Amends the Downstate Forest Preserve District Act. Provides that in each forest preserve district organized after the effective date of this amendatory Act of 1993 or in which, on the effective date of this amendatory Act of 1993, the commissioners of the district are appointed by the presiding officer of the county board, the commissioners shall be elected, rather than appointed, beginning with the first general election following the effective date of this amendatory Act. Effective immediately. LAST ACTION: May 11, 1993 - Held in House on Second Reading. SB 97 Barkhausen Creates the Employment Record Disclosure Act. Provides that no person shall be liable to an employee or former employee because the person gives truthful information to a third party in response to an inquiry about the employment record of the employee or former employee. LAST ACTION: May 11, 1993 - Held in House Rules Committee. SB 185 Karpiel Amends the Property Tax Extension Limitation Act to move the deadline for referenda from December 31, 1988, to October 31,1986. LAST ACTION: May 11, 1993 - Held in House Rules Committee. SB 251 Madigan Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Pension Code to provide a program of early retirement incentives for persons retiring in 1994, 1995. or 1996. Authorizes the purchase of up to 5 years of additional creditable service and provides an equal period of age enhancement. Requires adoption by the employer. Effective immediately. LAST ACTION: March 29, 1993 - Held in Senate Rules Committee. SB 337 Dudycz Provides that the Department of Human Rights shall produce a pamphlet describing rights and responsibilities relating to sexual harassment in employment. LAST ACTION: March 29, 1993 - Held in Senate Rules Committee. SB 344 McCracken Amends the Code of Civil Procedure. Limits recovery for non-economic loss to $250,000. Provides that written instructions specifying the limit must be given to the jury. LAST ACTION: May 11, 1993 - Held in House Rules Committee. SB 424 Raica Amends the Code of Civil Procedure concerning limitations on recovery in tort actions. Allows comparison of plaintiff's willful and wanton conduct with defendant's willful and wanton conduct. Allows comparison of plaintiff 's contributory fault with the defendant's willful and wanton conduct. Bars recovery by a plaintiff if the plaintiff's willful and wanton conduct or contributory negligence is more than 50% of the proximate cause of the damage or injury for which recovery is sought. LAST ACTION: March 29, 1993 - Held in Senate Rules Committee. SB 444 Klemm Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that a local public entity or a public employee acting in the scope of his or her employment is not liable for the provision of information by computer or any other electronic transmission. LAST ACTION: May 11, 1993 - Held in House Rules Committee. SB 554 Klemm Creates the Unfunded Mandates Act. Provides that a bill that would require the expenditure of funds by a unit of local government or school district or that would exempt property taxes or other items from the local tax base shall not become law except with (1) a 3/5 vote of each house, or (2) a majority vote of each house and the passage of acompanion appropriation bill for reimbursement of funds to implement the requirement or replace lost revenue. LAST ACTION: May 11, 1993 - Held in House Rules Committee. SB 558 Senate Committee on Revenue Creates the Property Tax Code. LAST ACTION: May 11, 1993 - House—Second Reading. SB 590 DeAngelis Senate Amendment 2 becomes the bill by amending the Revenue Act of 1939 to provide that determinations as to whether items are real or personal property shall be made according to legal precedents and rules in effect prior to the adoption of the Illinois Constitution. SB 612 Cronin Amends the Downstate Forest Preserve District Act. Authorizes a district to establish an Endowment Fund for the purpose of paying costs and expenses for the long-term maintenance and improvement of district facilities and lands or for future purchases of land. Effective immediately. LAST ACTION: March 29, 1993 - Held in Senate Rules Committee. SB 633 Peterson Amends the Property Tax Extension Limitation Act. Exempts from the Act special purpose extensions made for the payment of costs incurred under the Local Governmental and Governmental Employees Tort Immunity Act. Removes from the definition of "special purpose extensions," extensions for levies made on an annual basis for self insurance. LAST ACTION: March 29, 1993 - Held in Senate Rules Committee. SB 709 Klemm Amends the State Finance Act. Provides that for fiscal years beginning on and after July 1, 1993, increases in State spending shall be limited to the lesser of 5 % or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the fiscal year over the preceding fiscal year's spending. Effective July 1, 1993. LAST ACTION: March 29,1993 - Held in Senate Rules Committee. SB 761 Karpiel Amends the Property Tax Extension Limitation Act to exclude from the definition of "aggregate extension" those extensions made to provide for contributions to the Illinois Municipal Retirement Fund and social security and medicare taxes under the Illinois Municipal Retirement Fund Article of the Illinois Pension Code. Effective immediately.
LAST ACTION: March 29, 1993 - Held in Senate Rules Committee. SB 762 Karpiel Amends the Property Tax Extension Limitation Act to exclude extensions made under the Local Government and Governmental Employees Tort Immunity Act from the definition of aggregate extension. Effective immediately. LAST ACTION: March 29, 1993 - Held in Senate Rules Committee. SB 763 Karpiel Amends the Property Tax Extension Limitation Act to exempt from the Act special purpose levies made by the taxing district for payment of required contributions to the Illinois Municipal Retirement Fund, for required payment of FICA taxes, for purposes provided for in the Local Governmental and Governmental Employees Tort Immunity Act. With respect to park districts authorized to issue general obligation bonds or other general obligations payable from taxes without direct referendum, provides an additional amount in the aggregate extension base to pay debt service shall be added to the aggregate extension base the amount of the most recent extension made for the park district. LAST ACTION: March 29, 1993 - Held in Senate Rules Committee. SB 851 Mahar Amends the Park District Code. Provides that whenever any property that is located within a park district also lies within a municipality that has established a recreation board, and the property is being taxed by both entities, 10% or more of the legal voters residing in the territory may petition to be disconnected from the park district. Establishes referendum procedures. LAST ACTION: May 12, 1993 - Held on Second Reading in House. SB 852 Klemm Amends the State Mandates Act. Permits local governments to discontinue or modify mandated programs for which no state reimbursement is provided. Applies only to those mandates for which State reimbursement is required. LAST ACTION: March 29, 1993 - Held in Senate Rules Committee. SB 913 Watson Creates the Infrastructure Expansion Act. (Same as HB 1118.) LAST ACTION: March 29, 1993 - Held in Senate Rules Committee. SB 940 Weaver Amends the Revenue Act of 1939, the Downstate Forest Preserve District Act, and the Environmental Protection Act. Provides that real property owned by a forest preserve district that has located upon it an operating sanitary landfill, regional pollution control facility, or new regional pollution control facility shall be exempt from property taxes or certain other taxes, fees, charges, surcharges, or assessments imposed by the Environmental Protection Agency or units of local government. LAST ACTION: May 11, 1993 - Held on Second Reading in House. SB 1050 Severns Creates the Local Control Option Income Tax Act. Permits school districts, by referendum, to adopt a 1 % income tax with at least 50% of the collected tax that is to be disbursed to the school district annually to be used to abate the extension of any real property taxes levied by the district for lawful school purposes. LAST ACTION: March 29, 1993 - Held in Senate Rules Committee. SB 1084 Topinka Amends the Local Government Fiscal Practices Act. Requires the standing Committees on Revenue of the General Assembly to hold hearings on the fiscal practices of local governments and to determine criteria for the sunset of various types of local governments. The committees shall report to the General Assembly no later than December 31, 1994. LAST ACTION: March 29,1993 - Held in Senate Rules Committee. SB 1086 DeAngelis Amends the Property Tax Extension Limitation Act to include certain bonds issued by park districts or forest preserve districts in the aggregate extension. Effective upon becoming law. LAST ACTION: March 29,1993 - Held in Senate Rules Committee. OSLAD/LAWCON Grants This year more than $6.3 million in OSLAD and LAWCON grants will be distributed throughout the state. Since the program requires local matching funds, Illinois will benefit from $12.6 million in park improvements and new park lands. Ten acquisition projects and 36 development projects will be funded by $5.4 million in state Open Space Land Acquisition and Development (OSLAD) grants and $884,800 in federal Land and Water Conservation Fund (LAWCON) grants. A total of 476 acres of land will be acquired through the grants, including 170 acres of high-quality natural areas throughout the state. Fourteen of the development projects will create totally new recreational facilities for their communities. Requests for more than $11.5 million in grant assistance were made by 86 applicants this year. OSLAD has been in existence since 1986 and has provided nearly $34.7 million for local park projects. The program is funded by a dedicated percentage of the real estate transfer tax. The OSLAD program was initiated and passed through the legislative efforts of the IAPD. The programs are administered by the Department of Conservation. Financed through federal funds, LAWCON is and has been in existence since 1966. Approximately $131 million in LAWCON funds have been made available for state and local park projects in Illinois. Maximum grant awards are $400,000 for acquisition projects and $200,000 for development projects. Local governments interested in applying for grants for the coming year should submit applications by July 1. A list of Park and Forest Preserve grant recipients, funding amounts and project descriptions follows. ACQUISITION PROJECTS Hoffman Estates Park District, $250,000, to acquire 11 acres in a rapidly urbanizing area. Kane County Forest Preserve District, $273,000, to acquire 86.7 acres of a significant wetland natural area along
Otter Creek Marsh. McHenry County Conservation District, $390,000, to acquire approximately 80 acres of wetland as well as 23 acres of upland and hill prairie. This acquisition will protect four species of state endangered and threatened plants. Palatine Park District, $76,100, to acquire the remaining 2.5 acres of the Palatine Prairie. Forest Preserve District of Will County, $141,000 to acquire 86.3 acres of high quality natural area adjacent to the Rock Run corridor. DEVELOPMENT PROJECTS Bolingbrook Park District, $196,700, to complete development of a 12-acre multi-use sports complex by constructing two softball/baseball fields with overlapping soccer/football fields, paving an 87-car parking lot, installing two sand volleyball courts, a basketball court, a fully accessible playground and signs. Buffalo Grove Park District, $127,000, to develop a baseball field, a picnic area, basketball court, two tennis courts a fully accessible playground, extension of the community-wide bike path, landscaping and site amenities. Chicago Park District, $200,000 to develop 8.2 acres of vacant land with a play lot, soccer field, football field, two basketball courts, and two Little League baseball diamonds, plus the addition of bleachers, landscaping, lighting, walks and paving. Clyde Park District (Cicero area), $200,000, to develop a jogging path with eight physical fitness stations, horseshoe courts, picnic tables and benches, two basketball courts, a fully accessible play area with park shelter, patio and tables, general park lighting and lighting for athletic fields. DeKalb County Forest Preserve District, $14,000, to develop a parking lot, fully accessible interpretive trail, wildlife observation deck, benches, picnic tables and prairie restoration area. Freeport Park District, $200,000, to construct a new zero depth edge pool of 4,800 square feet with water play features and mechanical support facilities. Geneva Park District/Batavia Park District/Kane County Forest Preserve District, $91,000 for the three agencies to develop 5.4 acres of park land with a playground, basketball court, shelter, parking lot, baseball backstops, 39.2 acres of restored wetlands with 6-foot-wide interpretive paths and observation decks with display panels. Gurnee Park District, $194,850, to develop the 33-acre Pembrook Community Park site or community outdoor recreational facilities and restoration and management of its oak-hickory woodlands. Hawthorne Park District, (Cicero area), $200,000, to redevelop the existing children's playgrounds located at the Goss Field and Drexel Park with fully accessible play equipment, picnic shelters and related amenities. Lake County Forest Preserve District, $190,000, to develop four miles of paved bicycle/walking trails and support facilities at the 396-acre Buffalo Creek Preserve. Lisle Park District, $198.000, to develop 2.5 miles of bike trails, two basketball courts, two sand volleyball courts, a pedestrian bridge across the river with fishing stations, a baseball field, four soccer fields, a picnic area, parking and landscaping. Morton Grove Park District, $98,000, to develop a nature study area around the perimeter of the Morton Grove Prairie and to add new active-use recreation facilities to the Community Center. Park Ridge Recreation & Park District, $54,800, to redevelop the 10-acre Maine Park site. The existing playground will be removed and replaced with a fully accessible community playground, and fully accessible fishing pier will be installed on one of the existing ponds. River Trails Park District/City of Prospect Heights, $200,000, to develop an intergenerational activity area, two sand volleyball courts, baseball field with backstop, two tennis courts, two youth playgrounds, basketball courts, a fully accessible playground and picnic area, an ice skating rink, two soccer fields, a BMX track, a bike path and landscaping. Schaumburg Park District, $ 190,000, to develop a park site known as Veteran Park with two baseball fields, two soccer fields, a shelter/concession building, a parking lot, and an interior pathway which will connect this community athletic complex to the other village' s long-distance bike trail system. Springfield Park District, $87,000, to develop a 40-acre park site in west Springfield with a fully accessible playground, two ball diamonds, soccer field, rest room/concession building, basketball court and other amenities. Waukegan Park District, $151,0000, to rehabilitate and improve Bevier Park with a playground, fishing area, pathway, new parking area and other amenities. Winfield Park District, $200,000, to develop 8.3 acres with two basketball courts, two sand volleyball areas, a fully accessible creative play area, a shelter, a system of interior paths and a fishing station. Zion Park District, $31,000, to protect an environmentally sensitive 23-acre nature parcel adjacent to Lake Michigan. NATIONAL ISSUES The total LWCF appropriation request for fiscal 1994, counting the state side of LWCF, is $208.4 million. That is: • $77.8 million less that the fiscal 1993 appropriation; On the state side, the budget request held the line with grants of $24,750,000, compared to $24,787,000 in fiscal 1993. That is well below the $60 million recommended by a coalition of conservationists. The Clinton administration also recommended $5 million for Urban Park and Recreation Recovery Fund. This fund received almost $5 million in the fiscal 1992 appropriations bill, but that was the only appropriation for more than ten years. Clinton had promised during the election to "expand our efforts to acquire new park lands and recreational sites with funds already available under LWCF." Seeing little commitment, Senator J. Bennet Johnston (D-LA.) introduced legislation (S 721) April 1 that would require spending of $ 1 billion per year on LWCF. The money would come from the unspent balance of $9 billion credited to the fund.
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