Legal & Legislative Notes

by Robert A. Stuart

General Counsel

The 78th General Assembly finally concluded its session on July 2 after the customary last minute rush for the passage of bills. The unprecedented and unusual delay in acting upon the bills passed by the Governor and the indication of his readiness to use his veto power in many instances makes it extremely difficult at this time to give an accurate appraisal of the results of the session. Perhaps the failures of this session to deal squarely with numerous vital issues was a result of the many leadership fights which marked the opening of the session and continued for many weeks; the large number of first term legislators in both the Senate and the House of Representatives and the lack of any substantial majority for either party in either of the two houses.

Discouraging to the Illinois Association of Park Districts, of course, was the failure of the General Assembly to deal squarely with the revenue needs of park districts caused by the loss of revenues from personal property tax, the inability to share in federal revenue sharing funds, state income tax, gasoline tax and other sources of revenue available to general purpose governments. Encouraging, however, was the action taken to establish a Joint Revenue Committee on Property Tax Reform (SJR 10) and the establishment of a Local Government Tax Study Commission (H.B. 483). In addition, encouragement is given in the recognition of the problem confronting local governments by the passage of H.B. 583 appropriating $60,000,000.00 to the Department of Local Government Affairs for distribution to county treasurers for payment by them to special districts as reimbursement for the loss of personal property tax revenues.

Gratifying also to the Association was the refusal of the General Assembly to pass H.B. 911 freezing real estate taxes at their 1973 dollar level. Undoubtedly, the testimony by various representatives of the Association before the various committees had a strong effect upon the legislature in this matter and effectively pointed out to the members the serious problem confronting park districts within Illinois.

The session was further gratifying in revealing a sense of awareness of the importance of park and recreation problems by the various members of both the House and the Senate. In almost every instance the advice and counsel of the Illinois Association was sought before park and recreation measures were introduced and the greater number of the park and recreation bills or amendments thereto were drafted by the General Counsel of the Association. Undoubtedly, there was more legislative activity in the field of parks and recreation in this session than there has been for many years. The legislative representative of the Association appeared and testified before committees on more than forty bills in each house.

The following is an analysis of bills passed which are of vital interest to park and conservation districts:

SENATE BILLS

S.B. 83 (Vadalabene) New act in relation to state bikeway program and to promote bicycle safety. Designates Department of Transportation to receive federal matching funds to establish and maintain statewide bikeways program.

S.B. 136 (Schaffer, et al.) Amends Revenue Act to give conservation district property same tax exempt status that park district property now has.

S.B. 137 (Schaffer, et al.) Amends Conservation District Act to permit payments for real or personal property in installments over period not to exceed ten years (same as park district).

S.B. 225 (Fawell, et al.) Amends Revenue Act to provide owner of real property on January 1 shall be liable on proportionate year for increased taxes occasioned by construction of new structures. Results in receipt of greater tax share for taxable year to park districts and other units of government.

*S.B. 313 (Sours) Amends Park District Code to provide for levy of .025 tax for organization and maintenance of police systems within park districts—referendum.

*S.B. 328 (Fawell, et al.) Amends Park District Code to provide for issuance of revenue bonds for construction of any revenue producing recreation facility. (This bill has not been passed but is on final reading on the spring calendar in the House).

*S.B. 329 (Fawell, et al.) Amends Park District Code to provide that all appointed members of park districts who have been appointed to fill vacancies must stand for election at next regular election following appointment for which they can qualify. (Not passed but on final reading on the spring calendar in the House).

*S.B. 330 (Fawell, et al.) Amends Park District Code to provide that area to be included in proposed incorporated park district must have assessed valuation of not less than $20,000,000.00 (Not passed but on final reading on the spring calendar in the House).

*S.B. 331 (Fawell, et al). Amends Park District Code to provide that disconnection of territory from park district cannot be granted if it reduces assessed valuation of district below $20,000,000.00.

S.B. 534 (Berning, et al.) Empowers state, units of local government or school districts to allow employees to purchase variable life insurance or annuities for purpose of deferring compensation; program may be in addition to other retirement programs.

*S.B. 546 (Keegan, et al.) Amends Park District Code; eliminates requirement of separate ballot boxes for ballots when same judges of election are used for other election held on same day.

*S.B. 584 (Sours) Amends Park District Code to establish

Illinois Parks and Recreation 8 September/October, 1973

7% limitation on all interest rates until July 1, 1975.

S.B. 646 (Fawell) Amends Municipal Code. Authorizes levy of tax up to .02% for inter-community recreational programs for handicapped—referendum. (Not applicable to home rule municipalities). (Approved by Governor 8/14/73; effective 10/1/73).

*S.B. 647 (Fawell) Amends Park District Code. Authorizes levy of tax up to .02% by park district to provide intercommunity recreational programs for handicapped—referendum. (Approved by Governor 8/14/73; effective 10/1/73).

S.B. 1022 (Daley, et al.) Appropriation to Chicago Park District for dredging and enlarging lagoons.

HOUSE BILLS

H.B. 14 (Pappas, et al.) Amends Environmental Protection Act. Prohibits Pollution Control Board from imposing general ban on leaf burning. (Approved by Governor 8/14/73).

H.B. 129 (Hart, et al.) Changes limitation on actions under Local Governmental Tort Immunity Act from one to two years; permits service by registered or certified mail in lieu of personal service. (Approved by Governor 7/18/73).

H.B. 171 (Kempiners) Limits governmental contribution to premium payment for insurance or retirement purposes to 10% of part-time employees salary for premium period.

H.B. 265 (Philip, et al.) Amends Forest Preserve Act. Sets limit for indebtedness for districts under 1,000,000 population at 2%. Eliminates provision that only districts with population of 300,000 to 1,000,000 may acquire land for flood control purposes.

H.B. 312 (Hanahan, et al.) Amends Minimum Wage Law. Raises minimum wage for adults and for persons under 18.

*H.B. 420 (R. K. Hoffman, et al.) Amends Park District Code. Provides that elections for commissioners in general park districts, the boundaries of which are coterminous with village having 50,000 or more inhabitants shall be governed by Section 2-12 of Park District Code (affects only Oak Park Park District).

H.B. 483 (Shea) Creates Local Government Tax Study Commission. Directs Commission to study Revenue Act and problems of property taxation. Requires report by March 15, 1974.

H.B. 586 (Clabaugh, et al.) Appropriates $60,000,000.00 to Department of Local Government Affairs for distribution to special taxing districts to reimburse for loss of personal property tax revenue.

H.B. 587 (McPartlin, et al.) Amends Park Employees and Retirement Board Employees Article of Illinois Pension Code. Provides contributions for waiting time for membership; establishes uniform standard for computing service for pension credit. (Approved by Governor 8/13/73).

*H.B. 736 (Williams, et al.) Amends Park District Code; provides for referendum for disconnection and annexation of territory in municipality encompassing two park districts in order that all territory within municipality shall be included in only one district.

*H.B. 834 (Kempiners, et al.) Amends Park District Code. Authorizes certain property owners to disconnect from one park district and annex to a contiguous park district.

H.B. 886 (Terzich, et al.) Empowers state and units of local government to allow employees to purchase variable life insurance or annuities for purpose of deferring compensation (same as S.B. 534). (Vetoed 8/13/73).

H.B. 966 (Telcser, et al.) Provides for matching grants by Department of Conservation to local governments to assist in acquisition of open space. (Appropriation provision reduced from $25,000,000.00 to $5,000,000.00).

H.B. 967 (Telcser, et al.) Appropriates $5,000,000.00 to Department of Conservation for grants to local governments under Dpen Space Lands Acquistion Act.

H.B. 1006 (R. K. Hoffman, et al). Amends Municipal Code to clarify legal construction of provisions of Sections 11-95-11 and 11-95-12 providing that tax levied under said sections shall be in addition to all other taxes authorized by law.

*H.B. 1007 (R. K. Hoffman, et al.) Amends Park District Code to clarify legal construction of provisions of Sections 5-2a and 5-2b providing that tax levied under said sections shall be in addition to all other taxes authorized by law. (Upon merger of city recreation commission with park district, rate of recreation taxes levied by both districts may continue to be levied within areas previously collecting said tax).

*H.B. 1008 (R. K. Hoffman, et al). Amends Park District Code to permit annexation of territory by ordinance of area containing sixty acres or less and adds "railroad or highway" to other natural boundaries.

*H.B. 1054 (Tuerk, et al). Amends Park District Code to establish 7% limitation on interest rates (same as S.B. 584). (Approved by Governor 7/18/73).

H.B. 1141 (Schlickman, et al.) Intergovernmental Cooperation Act. Provides for joint exercise of powers by units of local government and agencies of state, other states or United States.

*H.B. 1240 (R. K. Hoffman, et al.) Amends Park District Code to establish time for filing nominating petitions for election of commissioners not earlier than the second Monday in January or later than the fourth Monday in January prior to the date fixed for election of candidate. (This bill will correct short period of time which was allowed for filing under the present section of the Code as amended in 1972).

*H.B. 1241 (R. K. Hoffman, et al.) Requires same judges of election for park district election as for township election held on same day (now permissive).

*H.B. 1252 (T. H. Miller, et al.) Amends Park District Code. Provides for disconnection of certain territories from park districts under certain conditions.

*H.B. 1710 (J. David Jones) Amends Park District Code to expand power of park police in operation of airports to include general power of arrest for violation of federal, state, or local law and any regulation of a governing federal agency (required under present security regulations).

FEDERAL LEGISLATION

The following bills pending in the Congress of the United States are of vital importance to park districts and units of local government in Illinois:

H.R. 7277 (Better Communities Act) Federal revenue sharing legislation which under present language would apply only to units of general local government excluding direct participation by special units of local government including park districts.

H.R. 8825 Appropriates $25,000,000.00 for acquisition of open space. Adds said appropriation to $28,000,000.00 available for program in carry over funds (The Illinois Association of Park Districts actively supported this measure in recent hearings through the outstanding cooperation of Congressman George E. Shipley of the 22nd District of Illinois in the Congress who was a member of the Joint Committee.)

S. 12 (Urban Park Land Heritage Corporation Act) Amendment to Title VII of Housing Act of 1961 would appropriate certain funds up to Five Billion Dollars prior to July 1, 1978 to finance grants and loans for the purpose of (a) providing, preserving and developing open space land consistent with planned long range development of urban areas; (b) acquisition, improvement and restoration of sites and structures of historical or architectural value; (c) development and improvement of open space and other public urban land; and (d) operation and maintenance of open space and other public land to meet needs of residents of state or locality.

*Denotes Amendments to the Park District Code.

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