The General Assembly concluded the 1995 regular session and adjourned as scheduled on Friday, May 26, 1995. It is quite uncommon for the Illinois General Assembly to meet its scheduled adjournment date. In the history books of Illinois, the entire 1995 legislative session will be long considered a milestone of change. Pursuant to a plan by Republican leadership in both the House and Senate, and affirmed by Governor Edgar in his State of the State Address in January, the following items were "fast-tracked" for immediate consideration: property tax caps for Cook County, education reforms, crime initiatives, and business/tort reforms. In monumental fashion, all of the above were completed and sent to Governor Edgar.

The General Assembly reconvened for two weeks in November for its Fall Veto Session. During this time the General Assembly considered the Governor's veto actions on legislation and several new items. The new items considered and passed were the Child Sex Offender Community Notification Law and reestablishment of the Leaking Underground Storage Tank Fund, and proportional share liability for brownfields.

The Municipal League and its membership won some key victories and minimized some very dangerous legislation. Overall our mutual efforts in expressing our common concerns were extremely effective. The Municipal League / Municipal Regional Associations combined lobbying efforts are serving municipalities tremendously well as this relationship continues to strengthen.

Tremendous gratitude is extended from the Municipal League Board of Directors and staff to all of our members and the Regional Municipal Associations for making 1995 a very successful year. Through those efforts the Local Government Distributive Fund increased from 1/11th to 1/10th on July 1,1995, providing approximately $60 million in new revenues to municipalities and counties.

The following document contains an index and synopsis of local government legislation that was adopted by the General Assembly and approved by the Governor in 1995. The bills are listed in numerical order. The synopsis contains the bill number, public act number, subject matter and a brief explanation of the bill.

This report is designed to make you aware of legislation that became public law. This information has been condensed significantly and the full bill should be reviewed to determine its application to your municipality.

If you have questions concerning any legislation, call the League office at (217) 525-1220. Thank you once again for making your League successful.

KENNETH A. ALDERSON
EXECUTIVE DIRECTOR

ROGER HUEBNER
DIRECTOR OF LEGISLATIVE PROGRAMS

KEVIN SEMLOW
LEGISLATIVE ASSOCIATE

BRIAN SCHWARTZ
LEGISLATIVE ASSOCIATE

ELIZABETH DOWNING
LEGISLATIVE ASSOCIATE

INDEX HOUSE BILLS
Bill #	Governor's Action
HB 0003 Roofing Licensing Act Changes	P.A. 89-0387
HB 0008 Construction Zone Speeding	P.A. 89-0251
HB 0020 Tort/Liability Reforms	P.A. 89-0007
HB 0025 Property Tax Assessment Court Decisions	P.A. 89-0290
HB 0150 Prestwick Incorporation/Lake County Forest Preserve Annexation	P.A. 89-0388
HB 0200 Property Tax Caps In Cook County	P.A. 89-0001
HB 0238 Municipal Utility Tax on Tax	P.A. 89-0325
HB 0315 Whistleblower Act	P.A. 89-0260
HB 0413 IMRF Early Retirement Provision	P.A. 89-0329
HB 0539 School Bus Passage Penalties	P.A. 89-0210
HB 0572 Model Code Copies 3 to 1	P.A. 89-0266
HB 0573 Unsafe Dangerous Buildings	P.A. 89-0303
HB 0597 Joliet Arsenal Development Authority	P.A. 89-0333
HB 0661 Unfunded State Mandates Determination	P.A. 89-0304
HB 0686 Domestic Violence/Peace Officers Firearms	P.A. 89-0367
HB 0729 Water Well Construction/Permit Applications	P.A. 89-0368
HB 0859 Regulate Demolition Contractors/Zoning Code Administrative Adjudication	P.A. 89-0372
HB 0901 Proportional Share Liability For Brownfields	Approved
HB 1048 Handicapped Parking Fines	P.A. 89-0275
HB 1070 Annexation Agreement	Approved
HB 1156 NIPC - Cook County Members	P.A. 89-0227
HB 1197 Liquor License/Church or School Distance	P.A. 89-0308
HB 1202 Vehicle Code - Trailer Truck Configuration	Approved
HB 1465 Cook County Property Tax Appeals	P.A. 89-0126
HB 1486 Quarry Blasting Regulations	P.A. 89-0026
HB 1489 Southwestern Illinois Development Authority/Quick Take	P.A. 89-0343
HB 1498 Governmental Ethics Act	P.A. 89-0405
HB 1502 Adopt-A-Highway Act Changes	P.A. 89-0229
HB 1793 Water Pollution Loan Program	P.A. 89-0027
HB 1825 Election Code/Optical Scan	P.A. 89-0394
HB 1827 Disaster Relief Taxation	P.A. 89-0349
HB 1850 Rural Bond Bank Expansion	P.A. 89-0211
HB 1853 IPTIP Investment Policy	P.A. 89-0350
HB 1854 Housing Authority Issues	P.A. 89-0351
HB 1931 Housing Authority Income Determination	P.A. 89-0322
HB 2177 Downstate Police & Fire Pension/Federal Compliance	P.A. 89-0052
HB 2278 Police/Fire Death in Duty State Benefit Insurance	P.A. 89-0323
HB 2401 State Police Fees to Local Agencies	P.A. 89-0054

December 1995 | Illinois Municipal Review | Page 13

* This bill was introduced as part of the League's Legislative Package.

HOUSE BILL 3 - P.A. 89-0387
ROOFING LICENSING ACT CHANGES
Amends the Illinois Roofing Industry Licensing Act. Provides that to become certified as a roofing contractor an applicant must submit a bond in the amount of $5,000 to the state. Provides that municipalities, cities and counties may not issue a building permit to a roofing contractor unless that contractor provides proof that he or she is licensed by the State. Effective date August 30, 1995.

HOUSE BILL 8 - P.A. 89-0251
CONSTRUCTION ZONE SPEEDING
Amends the Illinois Vehicle Code to make operation of a motor vehicle in a construction or maintenance zone at a speed in excess of the posted speed limit a petty offense under certain circumstances. Sets forth certain requirements for construction or maintenance zone speed limit signs. Effective date January 1, 1996.

HOUSE BILL 20 - P.A. 89-0007
TORT/LIABILITY REFORMS
Amends the Code of Civil Procedure by making numerous changes regarding: respondents in discovery; healing art malpractice and product liability actions; actions based upon apparent or ostensible agency; scope of discovery; jury instructions; limitations on recoveries in certain tort actions; itemized verdicts; contingent fees; limitations on punitive, noneconomic, and other damages; joint and several liability; collateral source payments; limitations and requirements in product liability actions; health care practitioner privilege and records; expert witnesses; dismissals; and other matters. Amends the Joint Tortfeasor Contribution Act regarding actions by a tortfeasor against the plaintiff's employer. Amends the Local Governmental and Governmental Employees Tort Immunity Act to provide immunity in community service programs. Effective date March 9, 1995.

HOUSE BILL 25 - P.A. 89-0290
PROPERTY TAX ASSESSMENT COURT DECISIONS
Amends the Property Tax Code to provide that if a court decision reduces the assessment on a parcel of residential property in counties with less than 3,000,000, the reduced assessment shall remain in effect for the rest of the general assessment period, unless the property is subsequently sold and the sale price establishes a different fair cash value or the court's decision is reversed or modified. Effective date January 1, 1996.

HOUSE BILL 150 - P.A. 89-0388
PRESTWICK INCORPORATION/LAKE COUNTY FOREST PRESERVE ANNEXATION
Amends the Municipal Code. Authorizes the incorporation of Prestwick. In addition, provides that in Lake County a municipality may not annex non-contiguous land separated from the municipality by a forest preserve district. Effective date January 1, 1996.

HOUSE BILL 200 - P.A. 89-0001
PROPERTY TAX CAPS IN COOK COUNTY
Amends the Property Tax Code to make the Property Tax Extension Limitation Law also applicable to non-home rule taxing districts in Cook County. Effective date February 12, 1995.

Page 14 / Illinois Municipal Review / December 1995

HOUSE BILL 238 - P.A. 89-0325
MUNICIPAL UTILITY TAX ON TAX
Amends the Illinois Municipal Code and the State Mandates Act. Phases out, over three years, a municipality's ability to place a local utility tax on top of the state tax. Provides that for the period between May 1, 1996 and May 1, 1997, "gross receipts" (as used in connection with municipal utility taxes) does not include one-third of certain amounts added to a utility bill under the Public Utilities Act. Provides that for the period between May 1, 1997 and May 1, 1998, gross receipts do not include two-thirds of those charges. Provides that beginning May 1, 1998, gross receipts do not include any of those charges. Effective date January 1, 1996.

HOUSE BILL 315 - P.A. 89-0260
WHISTLEBLOWER ACT
Amends the Whistleblower Reward and Protection Act. Expands the definition of State tor purposes of the Act to include the following entities which elect to adopt the Act's provisions: State colleges and universities, public community college districts, school districts, units of local government, and combinations thereof under an intergovernmental agreement. Authorizes those entities to recover in a civil suit if they are adversely affected by a violation of the Act. Effective date January 1, 1996.

HOUSE BILL 413 - P.A. 89-0329
IMRF EARLY RETIREMENT PROVISION
Amends the Illinois Municipal Retirement Fund Article of the Pension Code. Authorizes a one-year early retirement program that an employer may adopt once every 5 years. Excludes cities, villages, and incorporated towns and their employees. Provides for up to 5 years of additional service credit and up to 5 years of age enhancement. Requires an employee contribution and requires the employer to pay the resulting increase in unfunded liability over a specified period. Provides that benefits are forfeited upon return to service. Effective date August 17, 1995.

HOUSE BILL 539 - P.A. 89-0210
SCHOOL BUS PASSAGE PENALTIES
Amends the Illinois Vehicle Code. Increases the penalty for a driver who does not stop his or her vehicle when a school bus is stopped for the purpose of receiving or discharging pupils. Changes the penalty provision to a mandatory fine of $150 and, upon a second or subsequent violation, a mandatory fine of $500. Effective date August 2,1995.

HOUSE BILL 572 - P.A. 89-0266
MODEL CODE COPIES 3 TO 1
Amends the Illinois Municipal Code with respect to adoption of regulations (model codes) by reference. Requires one copy of the regulations (now 3) to be filed with the municipal clerk. Effective date January 1, 1996.

HOUSE BILL 573 - P.A. 89-0303
UNSAFE DANGEROUS BUILDINGS
Amends the Illinois Municipal Code. Provides that all municipalities may use the provisions of the Act to expedite the removal of certain buildings that are a continuing hazard to the community. Now applicable only in municipalities of 25,000 or more inhabitants. Effective date January 1, 1996.

HOUSE BILL 597 - P.A. 89-0333
JOLIET ARSENAL DEVELOPMENT AUTHORITY
Creates the Joliet Arsenal Development Authority as a political subdivision, body politic, and municipal corporation within its territorial jurisdiction. Creates a 9 member Board of Directors (4 appointed by the Governor and 5 by the County Board of Will County) to govern the Authority. Sets forth the powers and duties of the Authority, including the power to issue revenue bonds. Abolishes the Authority after 15 years or one year after all its bonds, notes and other evidences of indebtedness are paid and discharged, whichever is later. Effective date August 17, 1995.

HOUSE BILL 661 - P.A. 89-0304
UNFUNDED STATE MANDATES DETERMINATION
Amends the State Mandates Act to require the Department of Commerce and Community Affairs, upon the filing of a request for determination of a mandate, to determine whether a Public Act constitutes a mandate and the Statewide cost of implementation. Effective date August 11, 1995.

HOUSE BILL 686 - P.A. 89-0367
DOMESTIC VIOLENCE/PEACE OFFICERS FIREARMS
Provides that if a respondent in a domestic violence case is a peace officer, the court shall order that any firearms used by the respondent in the performance of his or her duties as a peace officer shall be surrendered to the chief law enforcement executive of the agency in which the respondent is employed, who shall retain the firearm for safekeeping for a period set forth in the court order not to exceed 2 years. Effective date January 1, 1996.

HOUSE BILL 729 - P.A. 89-0368
WATER WELL CONSTRUCTION/PERMIT APPLICATIONS
Amends the Illinois Water Well Construction Code. Requires that local ordinances governing water well construction include disclosure in permit applications of well depth and the aquifer involved, notice to the local government of subsequent lowerings of the well, and maintenance by the local government of that information as public records. Effective date January 1,1996.

HOUSE BILL 859 - P.A. 89-0372
REGULATE DEMOLITION CONTRACTORS/ZONING CODE ADMINISTRATIVE ADJUDICATION
Amends the Illinois Municipal Code. Allows municipalities to license, tax, and regulate demolition contractors. The bill includes zoning ordinances in the definition of "Code" for the purpose of conducting administrative adjudication of ordinance violation. Includes examination of property tor zoning violations in the definition of "building inspector". Changes a term from "building owner" to "property owner". Changes references from building to property. Effective date January 1, 1996.

HOUSE BILL 901 - APPROVED
PROPORTIONAL SHARE LIABILITY FOR BROWNFIELDS
Amends the Environmental Protection Act to change the way liability of non-voluntary clean up of hazardous waste sites is handled. It changes the current liability of non-voluntary clean up of hazardous waste sites from joint and several liability to proportional liability. The bill provides $2 million annually from the Solid Waste Management Fund and $2,500 per "No Further Remediation Letter" from the IEPA stating the hazardous waste site has been decontaminated. These funds will be used to pay for shares of liability not

December 1995 / Illinois Municipal Review / Page 15

HOUSE BILL 1048 - P.A. 89-0275
HANDICAPPED PARKING FINES
Amends the Illinois Vehicle Code. Increases the fee for the unauthorized use of parking places reserved for handicapped persons from $50 to $100. Increases the maximum fine a municipality may impose from $100 to $200. Effective date January 1, 1996.

HOUSE BILL 1070 - APPROVED
ANNEXATION AGREEMENT
Amends the Municipal Code. Allows zoning ordinance provisions for land within an annexation agreement to remain in effect after the expiration of the agreement, unless otherwise stated in the agreement or modified by law. Applies to all annexation agreements and is declarative of existing law. Requires lawsuits to enforce and compel performance of the agreement to be filed within the effective term of the agreement or 5 years from the date the cause of action accrues, whichever is later. Makes contributions of land or moneys or both to municipalities and other units of local government having jurisdiction over all or part of land that is the subject matter of any annexation agreement valid when made. Allows the contribution to survive the expiration date of the annexation agreement with respect to all or any part of the land that is the subject matter of the agreement.

HOUSE BILL 1156 - P.A. 89-0227
NIPC - COOK COUNTY MEMBERS
Amends the Northeastern Illinois Planning Act. Increases from 2 to 3 the number of the Northeastern Illinois Planning Commission members who are elected municipal officials representing Cook County and redefines the portion of the county represented by each. Effective date August 4, 1995.

HOUSE BILL 1197 - P.A. 89-0308
LIQUOR LICENSE/CHURCH OR SCHOOL DISTANCE
Amends the Liquor Control Act of 1934. Provides that if a church or church affiliated school locates within 100 feet of a property for which there is a preexisting license to sell alcoholic liquor at retail, the local zoning authority may provide that the restriction against issuing a license to sell alcoholic liquor at retail within 100 feet of a church or school shall not apply to that church or church affiliated school and future retail liquor licensees. Effective date January 1, 1996.

HOUSE BILL 1202 - APPROVED
VEHICLE CODE - TRAILER TRUCK CONFIGURATION
This bill removes all length restrictions for semi-trailer trucks on Class II state highways and it allows the trailers of semi-tractor trucks to have a distance between the king pin and the center of the rear axle of 45 1/2 feet (now 42 1/2 feet) on trailers of 48 feet or more with a maximum overall truck length of not more than 53 feet.

HOUSE BILL 1465 - P.A. 89-0126
COOK COUNTY PROPERTY TAX APPEALS
Amends the Property Tax Code. Abolishes the Cook County Board of Appeals. Replaces the Board of Appeals with an interim Board of Review effective January 1, 1996. Replaces the interim Board of Review with an elected Board of Review beginning the first Monday in December 1998. Provides for the election of one member to the Board of Review from each election district, as those boundaries are established by the General Assembly. Provides for staggered terms and reapportionment every 10 years. Allows persons who live in Cook County to appeal to the Property Tax Appeal Board. Makes other conforming changes. Establishes new procedures for filing tax objections in court. Provides that taxes, assessments, and levies shall be presumed correct, but the presumption is rebuttable. Imposes the burden of proof on the plaintiff to establish contested matters by clear and convincing evidence. Provides that assessment objections shall be heard by the court in a de novo proceeding. Provides that the court shall consider the assessment objection without regard to the intent or motivation of an assessment official. Provides that tax objectors must appeal to the Board of Appeals but need not appeal to the Property tax Appeals Board before filing a tax objection complaint in court. Provides that if a residential assessment is lowered by a Board of Review or interim Board of Review in any county, the reduced assessment shall remain in effect for the remainder of the general assessment period unless the county assessor, taxpayer, or other interested party can show substantial cause why the reduced assessment should not remain in effect. Effective date July 11,1995. (Note: this public act is currently under judicial review.)

HOUSE BILL 1486 - P.A. 89-0026
QUARRY BLASTING REGULATIONS
Requires the Department of Mines and Minerals to establish quarry blasting regulations. Note: There are several quarries that still operate in the suburban areas. Effective date June 23, 1995.

HOUSE BILL 1489 - P.A. 89-0343
SOUTHWESTERN ILLINOIS DEVELOPMENT AUTHORITY/QUICK TAKE
Amends the Code of Civil Procedure to grant quick-take powers to the Southwestern Illinois Development Authority for a period of one year. Amends the Southwestern Illinois Development Authority Act to provide that the Authority shall not exercise quick-take powers within the corporate limits of a municipality or the unincorporated area of a county unless the governing body of the municipality or county authorizes the Authority to do so. Effective date August 17, 1995.

HOUSE BILL 1498 - P.A. 89-0405
GOVERNMENTAL ETHICS ACT
Amends the Illinois Governmental Ethics Act to make various changes regarding ethics and fundraisers. Amends the Illinois Municipal Code to provide that officials in municipalities of 500,000 population or more who let contracts in violation of competitive bid requirements shall forfeit office. Amends the Local Government Officers Compensation Act to provide that the compensation of local elected officials shall be set at least 180 days before the beginning of an official's term of office. Effective date November 8, 1995.

HOUSE BILL 1502 - P.A. 89-0229
ADOPT-A-HIGHWAY ACT CHANGES
Amends the Adopt-A-Highway Act. Changes the definition of "adopted section" by removing: the provision that the Department of Transportation identify the right-of-way as a safe and adoptable section, the requirement that the right-of-way be located within the corporate limits of a municipality, and the requirement that the right-of-way be approved by the sponsoring jurisdiction's director. Provides that the Department of Transportation may be a sponsoring jurisdiction. Effective date January 1, 1996.

Page 16 / Illinois Municipal Review / December 1995

HOUSE BILL 1793 - P.A. 89-0027
WATER POLLUTION LOAN PROGRAM
Reauthorizes lEPA's Water Pollution Control revolving Loan Program. Effective date January 1, 1996.

HOUSE BILL 1825 - P.A. 89-0394
ELECTION CODE/OPTICAL SCAN
Amends the Election Code to provide for the use of Precinct Tabulation Optical Scan Technology voting systems for both central counting and in-precinct counting applications. Provides that each board of election commissioners in a municipality having a population of 40,000 or more, with respect to elections under its jurisdiction, may provide either Precinct Tabulation Optical Scan Technology voting systems approved tor use by the State Board of Elections under this Article or voting systems (now, machines) under other specified Articles. Effective date January 1, 1997.

HOUSE BILL 1827 - P.A. 89-0349
DISASTER RELIEF TAXATION
Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Exempts from taxation personal property that is donated for disaster relief to an entity that holds a tax exemption identification number that assists disaster victims. Also exempts from taxation personal property used tor infrastructure repairs within 6 months after a disaster. Amends the State Mandates Act to exempt this amendatory Act from the reimbursement requirements of the State Mandates Act. Effective date August 17,1995.

HOUSE BILL 1850 - P.A. 89-0211
RURAL BOND BANK EXPANSION
Amends the Rural Bond Bank Act. Provides that the definition of "governmental unit" excludes any home rule municipality in a county contiguous to Cook County. Provides that counties contiguous to Cook County are no longer excluded in the "rural county" definition. Increases the number of public commissioners to 7 (now, 5). Provides that representatives of the Lieutenant Governor and State Treasurer who attend meetings and cast those officers' votes shall count towards a quorum. Provides that 5 (now, 4) commissioners constitute a quorum. Provides that the total aggregate original principal amount of all bonds and notes issued by the Bank shall not exceed $150,000,000 (now, $100,000,000). Provides that no more than $25,000,000 shall be used in counties contiguous to Cook County. Effective date August 3, 1995.

HOUSE BILL 1853 - P.A. 89-0350
IPTIP INVESTMENT POLICY
Requires the State Treasurer to develop and publish an investment policy for the IPTIP program. Effective date August 17, 1995.

HOUSE BILL 1854 - P.A. 89-0351
HOUSING AUTHORITY ISSUES
Amends the Housing Authorities Act and the Housing Cooperation Law. Authorizes 2 or more home rule municipalities within the same county to create a housing authority. Authorizes a housing authority in a municipality under 500,000 to establish a police force with the approval of the mayor or president of the municipality. Makes street gang membership an activity that will subject a housing authority tenant to eviction. Authorizes a housing authority to enter into agreements with a State public body to finance, plan, improve, manage, or convey property or for other purposes. Provides that the appointing authority for a housing authority may require an annual report and budget. Effective date January 1, 1996.

HOUSE BILL 1931 - P.A. 89-0322
HOUSING AUTHORITY INCOME DETERMINATION
Amends the Housing Authorities Act. Provides that all housing authorities (rather than a housing authority in a municipality with more than 1,000,000 inhabitants) shall exclude, for the purpose of determining rent, certain amounts received for security initiatives and certain income following a period of unemployment in determining the tenant's income. Effective date January 1, 1996.

HOUSE BILL 2177 - P.A. 89-0052
DOWNSTATE POLICE & FIRE PENSION/FEDERAL COMPLIANCE
Amends the Downstate Police and Fire Articles of the Pension Code to delete provisions limiting military service credit to wartime. Deletes age and fitness requirements for participation and allows credit to be established for certain periods of past service during which a person was not allowed to participate because of those age and fitness requirements. Amends the Illinois Municipal Code and the Fire Protection District Act to delete age restrictions on the appointment of police officers and firefighters. Amends the State Mandates Act to require implementation without reimbursement. Effective date June 30, 1995.

HOUSE BILL 2278 - P.A. 89-0323
POLICE/FIRE DEATH IN DUTY STATE BENEFIT INCREASE
Amends the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics, Firemen and State Employees Compensation Act. Increases the compensation for death in the line of duty from $50,000 to $100,000. Provides that the Act also applies to police and fire chaplains. Changes the short title of the Act to the Law Enforcement Officers, Civil Defense Workers, Civil Air Patrol Members, Paramedics, Firemen, Chaplains, and State Employees Compensation Act. This benefit is provided by the State. Effective date January 1, 1996.

HOUSE BILL 2401 - P.A. 89-0054
STATE POLICE FEES TO LOCAL AGENCIES
Amends the Civil Administrative Code of Illinois to authorize the Department of State Police to charge and collect tees tor providing personnel, services, and equipment to local government agencies. Amends the Unified Code of Corrections to authorize an additional $150 fee on DUI convictions for purposes of offsetting laboratory testing costs. Effective date June 30,1995.

SENATE BILL 63 - P.A. 89-0100
COMPUTER/ELECTRONIC TRANSMISSION LIABILITY
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. Effective date July 7, 1995.

SENATE BILL 68 - P.A. 89-0101
SOLID WASTE INCINERATOR PERMITS
Requires the IEPA to deny an operation permit for a solid waste incinerator if it can be demonstrated that the facility will not meet mandated air emission standards within six months of its start. Effective date July 7, 1995.

SENATE BILL 75 - P.A. 89-0357
CERTAIN T.I.F. PROJECTS
Amends the Illinois Municipal Code regarding tax increment financing. Provides that the refunding bonds of a municipality that adopted an ordinance approving a redevelopment project area in July of 1985 (Des Plaines) shall have a maturity date not more than 35 years from the date of adoption of the ordinance. Further amends the Illinois Municipal Code in relation to tax increment financing to provide that the duration of a redevelopment project shall be 35 years and terms of the bonds financing the project shall be no more than 35 years for those projects established by ordinance adopted in December of 1983 (Oak Park). Effective date August 17, 1995.

SENATE BILL 95 - P.A. 89-408
POLICE WIDOW REMARRIAGE/PENSION
Amends the Downstate Police Article of the Pension Code to allow surviving spouses to remarry without loss of benefits. Amends the State Mandates Act to require implementation without reimbursement. Effective date November 15, 1995.

SENATE BILL 107 - P.A. 89-0158
ABANDONED PROPERTY/EPA CLEANUP
Provides that local governments that acquire property due to bankruptcy, foreclosure, tax delinquency, abandonment or similar means are not liable for clean up or removal of hazardous wastes or underground storage tanks that were on the property as of the date of acquisition. Effective date January 1, 1996.

December 1995 / Illinois Municipal Review / Page 17

SENATE BILL 111 - P.A. 89-0030
VANDALISM OF PROPERTY
Includes property supported by a unit of local government among those "government properties" that vandalism of which is a felony. Effective date January 1, 1996.

SENATE BILL 114 - P.A. 89-0136
PENSION CODE CHANGES
Amends the Downstate Firefighter Article in relation to survivors of firefighters who die while receiving duty disability or occupational disease disability pensions concerning federal taxation of benefits. Amends the Illinois Municipal Retirement Fund Article to make certain administrative changes. Requires the use of generally accepted accounting principles and allows the use of market value accounting. Provides for the distribution of certain market value gains and losses. Credits certain payments to the annuity reserve rather than the death reserve. Allows securities to be held by a trustee not domiciled in Illinois. Allows employee annuitants to designate a death benefit beneficiary. Adds a nonvoting elected annuitant trustee. Effective date December 31, 1995.

SENATE BILL 159 - P.A. 89-0105
TRAUMA CENTER/DUI $25.00 FINE
Amends the Emergency Medical Services Systems Act. Provides for distribution of funds from the Trauma Center Fund to individual hospitals based on the number of trauma cases and the average length of the stay rather than on a payment per trauma case basis. Amends the Unified Code of Corrections to require an additional fee of $25 that shall be paid to the clerk, to be deposited in the State Trauma Center Fund, for a conviction or an order of supervision for a violation of driving under the influence of alcohol or drugs. Amends the Illinois Vehicle Code and the Clerks of Courts Act. Provides that the additional fee of $25 imposed for a person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall be paid to the Circuit Clerk and shall be deposited into the Trauma Center Fund, separate from any other fines or court costs imposed by the courts. Provides that in those counties that use a percentage distribution method, the additional fee of $25 shall be excepted from the percentage distribution method. Effective date January 1,1996.

SENATE BILL 162 - P.A. 89-0161
ABOVEGROUND GASOLINE STORAGE TANKS
Amends the Gasoline Storage Act to permit political subdivisions to adopt ordinances or regulations that are no less restrictive than those of the State Fire Marshal concerning aboveground tanks and piping. Permits political subdivisions to enforce zoning regulations regarding aboveground tanks. Limits political subdivisions that may enforce zoning ordinances or zoning regulations regarding aboveground tanks to municipalities. Effective date July 19, 1995.

SENATE BILL 206 - P.A. 89-0162
FOX WATERWAY AGENCY ACT
Amends the Chain O Lakes-Fox River Waterway Management Agency Act. Changes the short title to the "Fox Waterway Agency Act". Provides that the Agency shall create a procedure for establishing restricted areas. Provides that municipalities with corporate boundaries that are both adjacent to and at the southern end or boundary of the Agency's jurisdiction over the Fox River shall retain the right to establish reasonable no-wake zones within their corporate boundaries. Effective date July 19, 1995.

SENATE BILL 256 - P.A. 89-0063
IML NON-HOME RULE PACKAGE
Amends the Illinois Municipal Code and the Liquor Control Act of 1934. Increases from $500 to $750 the maximum municipal fine. Allows service of summons to be made by the city clerk by certified mail in all actions for violation of any municipal ordinance where the fine would not be in excess of $750 (now $ 500). Permits municipalities to enter economic incentive agreements for development that may include the sharing or rebating of retailers' occupation taxes. Provides that the municipal treasurer's annual report need not itemize expenditures of less than $2,500 (now $1,000). Permits local liquor control commissioners to fine a violating liquor licensee in addition to license suspension. Amends the Illinois Municipal Code, providing in municipalities under 250,000 population, by replacing the fire department's elected officers with elected officers of a Department Foreign Fire Insurance Board and provides for financial accountability of the foreign fire insurance tax revenues. Effective date June 30, 1995.

SENATE BILL 368 - P.A. 89-0385
PROPERTY TAX CAPS/DEBT ISSUANCE
Amends the Local Government Debt Reform Act. Authorizes a governmental unit to designate and issue limited bonds. Amends the Property Tax Extension Limitation Law in the Property Tax Code to exclude from the definition of "aggregate extension" those extensions made for payment of principal and interest on certain bonds issued under the Local Government Debt Reform Act and on limited bonds in an amount not to exceed the debt service extension base. Defines "debt service extension base". Allows a taxing district to change its debt service extension base by referendum. Amends the State Mandates Act to exempt the amendatory Act from reimbursement requirements. Effective date August 18, 1995.

SENATE BILL 423 - P.A. 89-0168
SURVIVOR FIREFIGHTER PENSION FEDERAL TAXATION
Amends the Downstate Firefighter Article of the Pension Code in relation to survivors of firefighters who die while receiving duty disability or occupational disease disability pensions in relation to the Federal Tax Code. Effective date July 19, 1995.

SENATE BILL 424 - P.A. 89-0113
CREATES PENSION LAWS COMMISSION
Amends the Legislative Commission Reorganization Act of 1984 to create the Pension Laws Commission as a legislative support services agency. Provides that the Commission will consist of 8 legislative members and 8 public members appointed by the legislative leaders. Amends the Pension Impact Note Act to provide that notes shall be prepared by the Pension Laws Commission. Amends the Miscellaneous Provisions Article of the Pension Code to transfer various pension-related duties of the Economic and Fiscal Commission to the Pension Laws Commission. Effective date July 7, 1995.

SENATE BILL 426 - P.A. 89-0040
ELECTION CODE/REGISTRATION
Amends the Election Code. Allows the election authority to develop and implement a computer-based registration file that includes a computer-stored image of the signature of each voter. Allows the computer-based voter registration file to be used for all purposes that the original registration cards are to be used, provided that a system for storage of at least one copy of the original registration cards remains in effect. Sets standards that the system must meet. Requires certification by the State Board of Elections before being used in the first election. Effective date June 23, 1995.

SENATE BILL 441 - P.A. 89-0170
PART-TIME POLICE AUTHORIZATION & TRAINING
Amends the Illinois Municipal Code to allow municipalities to appoint part-time police officers. Amends the Illinois Police Training Act to require certification and training of part-time police officers and part-time county corrections officers. Applies to persons employed by home rule units. Amends the Intergovernmental Law Enforcement Officer's In-Service Training Act to provide that the regional Mobile Team In-Service Training Units shall provide the part-time officer training. Provides that the part-time training courses must be of similar content and the same duration as the full-time

Page 18 / Illinois Municipal Review / December 1995

SENATE BILL 455 - P.A. 89-0172
URBAN & COMMUNITY FORESTRY ASSISTANCE ACT
Amends the Urban Forestry Assistance Act. Changes the short title to the Urban and Community Forestry Assistance Act. Allows all units of local government to apply for assistance (now municipalities only). Allows not-for-profit corporations to be co-applicants and revises the application procedure. Limits grants to an applicant to 5% of the fiscal year allocation (now $10,000). Allows grants to be made from Forestry Development Funds and other appropriated sources as well as from the general revenue fund. Effective date January 1, 1996.

SENATE BILL 458 - P.A. 89-0078
DISPOSAL OF SURPLUS REAL PROPERTY
Amends the Municipal Code to permit disposal of surplus real property by a vote of 2/3, rather than 3/4, of the corporate authorities of a municipality. Effective date June 30, 1995.

SENATE BILL 528 - P.A. 89-0115
TAXATION OF LEASED PROPERTY TO SPECIFIC ENTITIES
Exempts from the state and local sales tax base computers and other types of communication equipment leased to a hospital and personal property of all types leased to a unit of local government. Effective date January 1,1996.

SENATE BILL 559 - P.A. 89-0117
SPLASH GUARDS
Requires splash guards on all second division vehicles (large trucks), other than truck trailers. Effective date July 7, 1995.

SENATE BILL 566 - P.A. 89-0412
OCCUPANCY PERMIT NOTIFY ASSESSMENT OFFICE
Amends the Property Tax Code to provide that the authority of a unit of local government that issues a full or partial occupancy permit for a building shall notify the chief county assessment officer of the issuance of the permit. Requires the chief county assessment officer to add the value of the completed building to the property on the assessment books as of the date the occupancy permit was issued. Effective date November 21, 1995.

SENATE BILL 567 - P.A. 89-0176
CLOSED MILITARY BASE/T.I.F.
Creates the Economic Development Project Area Tax Increment Allocation Act of 1995. Provides that the corporate authorities of a municipality shall by ordinance propose the establishment of an economic development project area for closed military installations and fix a time and place tor a public hearing. Effective date January 1,1996.

SENATE BILL 618 - P.A. 89-0177
EMERGENCY MEDICAL SERVICES SYSTEMS ACT REWRITE
Amends the Emergency Medical Services (EMS) Systems Act. Repeals and replaces most of the Act with provisions governing the Department of Public Health's designation of regions statewide for the planning, delivery, and evaluation of pre-hospital emergency medical services, trauma services, non-emergency medical services, and non-emergency medical transports. Provides that participants in the Department's collection of data may not be required to provide unrelated financial information of a proprietary nature. Makes changes in the procedures for suspension of EMS system participants. Changes the method of selecting the representative of fire department vehicle service providers to the Regional EMS Medical Directors Committees. Effective date July 7, 1995.

SENATE BILL 623 - P.A. 89-0178
GUARD DOG NOTIFICATION
Amends the Animal Welfare Act. Requires a guard dog service to notify the police and fire departments when a guard dog is sent on an assignment and to include in the notice a 24-hour emergency phone number. Requires posting of a warning notice at each entrance to premises where a guard dog or sentry dog is used. Effective date July 19, 1995.

SENATE BILL 637 - P.A. 89-0180
SPECIAL FIREFIGHTER EXAM FEES/FPD CHARGES
Amends the Illinois Fire Protection Training Act. Requires the State Fire Marshal to make rules establishing fees for administering exams, certifying schools, and certifying fire fighters. Amends the Fire Protection District Act. Provides that the board of trustees of a fire protection district may fix, charge, and collect fees not exceeding the reasonable costs of services rendered by the district against nonresidents. Allows charges to be assessed against residents of a county, municipality, or fire protection district that has a mutual aid or assistance agreement with the assisting fire protection district. Provides that the fee charged shall be at a rate of not more than $125, rather than $75, per hour per vehicle and not more than $35, rather than $20, per hour per firefighter responding to a call. Effective date July 19, 1995.

SENATE BILL 717 - P.A. 89-0181
TOBACCO VENDING MACHINES/SALE TO MINORS
Amends the Sale of Tobacco to Minors Act to limit vending machines that contain tobacco products to certain specified locations. Provides that a sale of tobacco products from a vending machine that is within a manager or employee's line of sight is deemed to be a sale by that manager or employee. Prohibits the use of tobacco by any person on any school property that is being used for school purposes. Effective date July 14, 1995.

SENATE BILL 721 - SENT TO GOVERNOR
CHILD SEX OFFENDER COMMUNITY NOTIFICATION LAW & REPAIR OF LEAKING UNDERGROUND STORAGE TANK FUND
Article I creates the Child Sex Offender Community Notification Law. Requires all child sex offenders who are paroled, released from prison, or who change their residence to register with the local police department. The local police department shall update the LEADS statewide crime data base and distribute the information regarding the child sex offender to all child care facilities, DCFS, school boards and school principals in the police departments jurisdiction. Effective date June 1, 1996. Article III of the bill creates the Environmental Impact Fee to generate funds for the Illinois Underground Storage Tank Fund. The Environmental Impact Fee is generated from licensed operators/distributors of petroleum products who will be charged a $60.00 per 7,500 gallon fee on petroleum products sold. The Environmental Impact Fee will be collected between January 1, 1996, to January 1, 2003.

SENATE BILL 774 - P.A. 89-0149
FORT SHERIDAN REDEVELOPMENT COMMISSION ACT
Creates the Fort Sheridan Redevelopment Commission Act. Allows three or more cities that are contiguous or encompass all or part of Fort Sheridan to establish the Fort Sheridan Redevelopment

December 1995 / Illinois Municipal Review / Page 19

SENATE BILL 818 - P.A. 89-0403
EMERGENCY TELEPHONE SYSTEM ACT LIABILITY
Amends the Emergency Telephone System Act to provide that an emergency telephone system board or a unit of local government assuming the duties of an emergency telephone system board is not liable for civil damages, except for willful or wanton misconduct, under the Act. Amends the Local Governmental and Governmental Employees Tort Immunity Act to include emergency telephone system boards in the definition of "local public entity". Effective date January 1,1996.

SENATE BILL 830 - P.A. 89-0086
OPEN MEETINGS ACT CLARIFICATIONS
Amends the Open Meetings Act. States that meetings to discuss whether a particular parcel of real property should be acquired are not required to be public meetings. Provides that at an open meeting for which there was proper notice, a closed meeting may be held with no further notice. Requires an agenda for each regular meeting to be posted at the principal office of the public body and at the place where the meeting will be held. Excludes from the definition of a quasi-adjudicative body local electoral boards when considering petition challenges. Effective date June 30, 1995.

SENATE BILL 857 - P.A. 89-0087
HOCKEY FACILITY LIABILITY ACT
Creates the Hockey Facility Liability Act. Provides that the owner or operator of an ice hockey facility is not liable for injury to the person or property of any person as a result of the person being hit by a hockey stick or puck, except under limited circumstances. Effective date June 30, 1995.

SENATE BILL 907 - P.A. 89-0089
MISCELLANEOUS STATUTORY CHANGES
Amends the Retailers' Occupation Tax Act to allow the Department of Revenue to divulge information from a taxpayer's return or from an investigation to the village manager or chief financial officer of a village that does not levy any property tax for village operations and that receives at least 60% of its general corporate revenue from occupation and use taxes. Amends the Public Officer Prohibited Activities Act to provide that an elected county, municipal, or township official may hold elected office in another unit of local government as long as there is no contractual relationship between the 2 units of local government. Changes procedures relating to claiming the Manufacturer's Purchase Credit and filing reports with the Department of Revenue concerning the credit. Provides that the credit of a manufacturer may be used by a construction contractor installing tangible personal property into real estate. Amends the Illinois Enterprise Zone Act and the Retailers' Occupation Tax Act to provide for a deduction, rather than a credit for the sale of building materials to be incorporated in real estate at a High Impact Business Location. Allows for the deduction also to be taken against local taxes. Effective date June 30, 1995.

SENATE BILL 948 - P.A. 89-0150
SELF INSURANCE/TORT IMMUNITY TAX LEVY
Amends the Local Governmental and Governmental Employees Tort Immunity Act to make changes concerning the means by which a local public entity may protect itself against liability, property damage, or loss because of an employee's tortious act. Sets forth the purposes for which, and certain conditions under which, a local public entity that is individually self-insured may establish reserves for expected liability losses. Prohibits resort to property taxes to increase reserves beyond 125% of certain estimated losses. Makes changes to the purposes for which a local public entity may levy property taxes to include provisions concerning insurance and associated costs and expenses. Effective date July 14, 1995.

SENATE BILL 1078 - P.A. 89-0186
RAILROAD CROSSINGS
Amends the Illinois Vehicle Code. Provides that if a driver approaches a railroad crossing with railroad crossbuck signs but no electric, automatic, or mechanical signal device, crossing gates, or human flagman giving a signal of the approach of a train, the driver shall yield the right-of-way and slow down to a speed reasonable for the conditions and a driver shall stop, if necessary for safety, at the marked stopped line, or if no stop line, not less than 15 feet from the nearest rail and shall not proceed until it is safe to do so. Provides for a fine of $500 or 50 hours of community service for violating these provisions and provisions concerning pedestrians traversing over a railroad grade crossing. Effective date January 1, 1996.

SENATE BILL 1187 - P.A. 89-0404
POLICE ARREST AUTHORITY/HOSPITAL JUDGMENTS
Amends the Illinois Municipal Code to provide that police officers may exercise their full power and authority throughout the State of Illinois when investigating a crime or when a crime is committed in the officers presence while on duty. Makes various changes to the Criminal Code and other Acts. Amends the Hospital Lien Act. Provides that, in addition to nonprofit hospitals, the Act applies to hospitals operated by units of local government Provides that no judgment or settlement obtained by an injured party who received treatment, care, and maintenance from a nonprofit hospital or hospital of a unit of local government may be satisfied without first giving the hospital notice of the judgment or settlement and a reasonable opportunity to perfect and satisfy its lien. Effective date August 20, 1995.

SENATE BILL 1200 - P.A. 89-0188
LIBRARY SYSTEM BOUNDARIES
Amends the Illinois Library System Act. Requires the State Librarian to review geographic boundaries of library systems at least once every 10 years and make appropriate adjustments. Requires each regional multitype library system to establish one or more regional library service planning panels. Requires the panel to develop a plan detailing how public library services may be extended to people underserved by a public library. Requires the reports to contain certain information. Effective date July 19, 1995.

Page 20 / Illinois Municipal Review / December 1995