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Legal/Legislative Scene
Governor Jim Edgar signed into law House Bill 1922 on August 20,1993. This Bill may now be referenced as Public Act 88-426. The new Act is effective immediately and contains all of those individual items which were on the IAPD/IPRA Legislative Platform, with the exception of the amendment to the Property Tax Extension Limitation Act. The Act contains a number of very broad new powers and provisions which enhance the ability of Illinois Park Districts to do business and protect their interests throughout the state. The Act provides the following new powers to Illinois Park Districts:
Bidding Generally, the Park District Code provides that all contracts for supplies, materials, or work involving an expenditure in excess of$ 10,000 be let to the lowest responsible bidder after due advertisement. One of the difficulties that park districts have had with this provision is that the law did not define the requirements of "due advertisement." The new law provides that all competitive bids for contracts involving an expenditure in excess
LEGAL/LEGISLATIVE SCENE of $10,000 must be sealed by the bidder and must be opened by a member or employee of the park board at a public bid opening at which the contents of the bids must be announced. Each bidder must also receive at least three days notice of the time and place of the bid opening. The new law also defines "due advertisement" to include but not be limited to at least one public notice at least ten days before the bid date in a newspaper published in the district, or if there is no newspaper published in the district, then in a newspaper of general circulation in the area of the district. In amending the Park District Code, the Illinois Legislature provided that when a district selects the lowest responsible bidder, the district shall also consider conformity with specifications, terms of delivery and serviceability as part of the criteria upon which to determine the lowest responsible bidder. The new law also exempts from the competitive bidding process contracts for: 1. The use, purchase, delivery, movement or installation of data processing equipment, software or services. The new law also clarified the signature requirements for Park District Dissolution Petitions. Revenue The appropriation process went smoothly this year primarily due to an influx of new revenue, which enabled the Governor and both the Illinois House and Senate to increase the appropriation level of the State budget. After two years of budget trimming, the Governor approved a $30.1 billion spending plan for fiscal year 1994 which began July 1, 1993. The plan gives increases to several human service agencies. Total appropriations rose 4% before inflation from $28.9 billion in fiscal year 1993 to $30.1 billion in fiscal year 1994. The General Assembly also made permanent the income tax surcharge of .25%. Municipalities and counties will only keep one-fourth of surcharge tax receipts in fiscal year 1994. In fiscal year 1995, the amount of such receipts will end and the local distributative fund formula will change from one-twelfth to one-eleventh. The cigarette tax increased 14 cents per pack, and the Illinois Department of Conservation finally received authority to charge fees at select parks and to increase hunting, fishing and camping fees. The Illinois Department of Historic Preservation also received authority to charge an entrance fee at a select number of historic sites. Tax Referendum Legislation passed this year to provide Cook County voters an opportunity in November 1994 to vote on an advisory referendum asking whether the General Assembly should limit increases in property tax extensions to 5% or the consumer price index, whichever is less (Public Act 88-116). Also passed was an expansion of the income tax check off to include new check off for the Illinois Special Olympics, AIDS Research and Care, Breast and Cervical Cancer Research and the Meals on Wheels Programs. Truth in Taxation Legislation passed this year to require local governments in Cook County to hold a truth in taxation hearing and publish notice thereof if the local government intends to increase its extension by the lesser of 5% or the consumer price index. This bill has been vetoed by Governor Edgar and will be revisited by the General Assembly during the veto session.
LEGAL/LEGISLATIVE SCENE Utility Tax Exemption After a number of years of work, the Illinois General Assembly finally passed legislation specifically allowing municipalities that tax public utilities, to exempt local governments and school districts from the payment of such taxes on their bills (Public Act 88-132). Ethics Report Filing The criteria determining whether public employees must file annual ethics statements is changed from application to those individuals paid over $35,000 per year to a list of criteria based on position authority and responsibilities. By February 1 of each year the chief administrator of each local government must send to its clerk or secretary for forwarding to the county clerk a list of employees covered. Any officer or employee not notified of the filing application requirement will have 30 days after notice to file. Forest Preserve Districts Beginning in 1995, in counties under 90,000 population. Forest Preserve Commissioners will be required to be elected at the consolidated nonpartisan election rather than appointed. This legislation will impact the next nonpartisan election to be held in the spring of 1995. Natural Areas Included in legislation passed this year is the requirement that all public agencies are directed to consult with the Department of Conservation before taking action that could harm natural areas registered under the Natural Areas Preservation Act or identified in the Natural Areas Inventory. If a proposed action is likely to harm a natural area, the local agency must seek to minimize or eliminate the harm. Any affected person can sue to force an evaluation required by the provisions of the Act. Unsuccessful Legislation A number of proposals which would have negatively impacted Illinois Park and Forest Preserve Districts failed to receive legislative approval during 1993. There were several bills which attempted to amend the Open Meetings Act in order to expand its application and impose stringent new requirements. Among those new requirements was a mandate to keep a verbatim record of all meetings that are closed to the public and civil penalties against all persons violating the Act. Such penalties are to be paid by such individuals upon a second violation. Penalties are not to exceed $100 in the first instance and $500 for subsequent violations. Also unsuccessful were attempts to limit noneconomic damages in a lawsuit to $250,000 and reform of the personal injury tort system with changes in comparative fault, joint and several liability and product liability. These proposals passed the Senate but were killed in the House. A bill to prohibit location of a low level radioactive waste disposal facility on land acquired by the State with money designated to buy land for parks, recreation, conservation or wildlife habitats passed the House but was killed in the Senate. In addition, early retirement programs (5 and 5) were unsuccessfully proposed for members of the Illinois Municipal Retirement Fund (IMRF), the State Universities Retirement System, Chicago firefighters and police. These proposals will be reintroduced during the veto session. Note that all Illinois drivers are now required to use headlights when rain, severe fog or other conditions requires the use of windshield wipers (P.A. 88-147).
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