Legal & Legislative Notes

by Robert A. Stuart General Counsel

Since the publication of the legislative report in the September-October issue of "Illinois Parks and Recreation", Governor Walker has completed action upon all bills referred to. The following, therefore, constitutes a final report on the major bills pertaining to park 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. (Approved 9/14/73; PA 78-850).

S.B. 136 (Schaffer, et al.) Amends Revenue Act to give conservation district property same tax exempt status that park district property now has. (Approved 8/28/73; PA 78-371).

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). (Approved 9/10/73; PA 78-699).

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. Approved 8/28/73; PA 78-376).

*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 required except in those park districts organized after July 1, 1973 and those park districts which had full-time paid policemen and which were participating before July 1, 1973 in the program established under the Illinois Police Training Act. (This non-referendum provision was added by amendment at the end of the session and was designed in such manner to guarantee the use of funds only for trained park police forces) (Approved 8/28/73; PA 78-379).

*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, (Approved 8/28/73; PA 78-380).

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. (Vetoed 8/27/73).

*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. (Approved 8/28/73; PA 78-396).

*S.B. 584 (Sours) Amends Park District Code to establish 7% limitation on all interest rates until July 1, 1975. (Vetoed 8/28/73) (Same as H.B. 1054 which was approved 7/18/73).

Illinois Parks and Recreation 8 November/December, 1973

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) (PA 78-318).

*S.B. 647 (Fawell) Amends Park District Code. Authorizes levy of tax up to .02% by park district to provide inter-community recreational programs for handicapped—referendum. (Approved by Governor 8/14/73; effective 10/1/73) (PA 78-319).

S.B. 1022 (Daley, et al.) Appropriation to Chicago Park District for dredging and enlarging lagoons. (Vetoed 8/27/73).

HOUSE BILLS

H.B. 14 (Pappas, et al.) Amends Environmental Protection Act. Prohibiting Pollution Control Board from imposing general ban on leaf burning. (Approved by Governor 8/14/73) (PA 78-243).

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 7/18/73; PA 78-201).

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. (Approved 9/10/73; PA 78-662).

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. (Approved 9/10/73; PA 78-712).

H.B. 312 (Hanahan, et al.) Amends Minimum Wage Law. Raises minimum wage for adults and for persons under 18. (Approved 9/21/73; PA 78-911).

*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). (Approved 8/28/73; PA 78-421).

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. (PA 78-763).

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. (Vetoed 8/30/73).

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 8/13/73; PA 78-266).

*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. (Approved 8/28/73; PA 78-434).

*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. (Approved 8/28/73; PA 78-435).

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). (Returned with recommendation 9/10/73).

NOTE: The Governor in returning this bill with change stated:

"The underlying policy of the Open Space Lands Acquisition Act is sound. The State should assist in the purchase of open space and recreational lands, particularly in urban areas, to assure that today and in the future the people living in our great urban areas have an opportunity to escape crowds and enjoy the out-of-doors without traveling for hours. However, there are several respects in which the language of House Bill 966 should be modified in order to assure that the administration of the Act is consistent with this sound purpose.

First, the word 'acquisition' should be construed to permit the acquisition of interests, such as easements, which are less than full ownership where such interests are sufficient to carry out the purpose of the Act. Therefore, I specifiically recommend that: ... the following clause should be inserted:

'including acquisition of easements and other property interests less than fee simple ownership if the State Planning Agency determines that such property interests are sufficient to carry out the purposes of this Act.'

Second, to be consistent with the basic purpose of this Act as reflected in the name, expenditures made pursuant to this Act should be solely for acquisition of open space lands. Such funds should not be used for development, which should continue to be the responsibility of the local government unit. Therefore, I specifically recommend that: ... the words 'and development' should be deleted.

With these specific changes. House Bill 966 will have my approval."

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LEGAL & LEGISLATIVE NOTES . . .

Continued from Page 9

H.B. 967 (Telcser, et al.) Appropriates $5,000,000.00 to Department of Conservation for grants to local governments under Open Space Lands Acquisition Act. (Approved with reduction 9/8/73; PA 78-614).

NOTE: In his message approving this bill with reduction, the Governor stated:

"I hereby reduce and return the item at ... of House Bill 967 entitled, 'An Act making an appropriation to the Department of Conservation.' The item reduced now provides:

'Section 1. The sum of $5,000,000, or so much thereof as may be necessary, is appropriated from the Capital Development Bond Fund to the Department of Conservation for the payment of grants to local governments as provided in the Open Space Lands Acquisition Act.'

... I hereby reduce that item to $3,500,000 and approve it at the reduced level."

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. (Approved 8/28/73; PA 78-443).

*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). (Approved 8/28/73; PA 78-444).

*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. (Approved 8/28/73; PA 78-445).

*H.B. 1054 (Tuerk, et al.) Amends Park District Code to establish 7% limitation on interest rates (same as S.B. 584). (Approved 7/18/73; PA 78-209).

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. (Approved 9/11/73; PA 78-745).

*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). (Approved 8/17/73; PA 78-347).

*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. (Approved 8/28/73; PA 78. 457).

*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). (Approved 9/21/73; PA 78-907).

NOTE: Copies of Bills in the form in which they were signed into law may be secured by writing to: Michael J. Hewlett, Secretary of State, Index Department, Springfield.

*Denotes Amendments to the Park District Code.

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